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HomeMy WebLinkAboutContract 46477City Secretary Contract No. "�lY �� Professional Services Agreement for Municipal Court Case Management System City of Fort Worth And � Journal Technologies, Inc. City of Fort Wortli — Municipal Court Case Management System Journal Technologies,Inc. Page 1 of 94 6F�ICIAL RECpRp CIYY' �ECRETARY !�'i'. IN�+�Y�I, iX 24370945.21 Professional Services Agreement Rev. 2/2015 R��C�S���� P���� 02 2015 City Secretary Contract No. TABLE OF CONTENTS AND SCH�DULE OF EXHIBITS Professional Services Agreement Terms and Conditions ...................................... ............... ......4 Annex 1 to Professional Services Ageeement — Cost Inci•eases ..... . .. .... ..... ... . .. .... ... ......19 Annex 2 to Professional Services Agceement — Sample Calculation ... ... ..... . .. . ..... . ... .. ...20 Exhibit A— Services Agreement ....................................................................................2 1 EYhibit A-1 — Statement of Work ....................................................................................23 Addendum 1 to Statement of Work, Business Process Workflow ...............................45 Addendum 2 to Statement of Work, Recommended Hardware and Software Requirements fot• Hosting Juiy Systems Incorporated's JURY+ Web Gerteratio» and JURY+ Web Soliition .............................................................................................................46 Exhibit B — Payment Schedule .. .... ... ... ... . ..... ... ..... . ... ... ...... ........ . .. . . .... ... . ... ... . .. ... ... .... ....47 � Exhibit C— Deliverable Acceptance Form ........................................................................48 Exhibit D— Network Access Agreement ...........................................................................49 Exhibit E— Signature Authority Form ...... ............... ........................ ..................... ............52 EYhibit F — Journal Technologies Software License Agreement ... ... .... ..... . .. .. . . .. . ..... .. ... . ... .... .....53 Appendix A to Exhibit F, License Fees ...............................................................62 Exhibit G — Journal Technologies Annual Support Agreement ..... . .. . .. ... ... ... . .... . ... ... . ..... ... ... ......63 Exhibit H — Juiy Systems Incorporated Software License Agt•eement ... .. .... .. . . .... .... ... ...... ........ ...68 Appendix A to Exhibit H, JURY+ WebGen New Sale Cost Swnmary ..........................75 Appendix A-1 to Exhibit H, JURY+ tiTreb Solulion Cost Summaiy ..............................76 Appendix A-2 to Exhibit H, Jui•y Systems Soui•ce Code and Technical Doctunentation Esci•ow Agreement ...................................................................77 Exhibit I — Jury Systems Incoi•poi•ated Softwai•e Maintenance Agi•eement . .. ... .. . .. . ... ... ... ... ... .... .... .80 Exhibit J— Journal Technologies Hosting Agreement ........................... ............... ...................85 Appendix A to E�ibit J, Baseline Sizing Requii•ements ............ ...............................89 Appendix B to Exhibit J, Service Level Agreements ...............................................90 � Exhibit B— Payment Schedule contains seven (7) pages. City of Fort Worth — Municipal Court Case Management System 2437094521 Journal Technologies, Inc. Professional Services Agreement Page 2 of 94 Rev. 2/2015 City Secretary ConYract No. Exhibit IC — Journal Technologies, Inc., (formerly Sustain Technologies, Inc.) Source Code and Escrow Agreement with InnovaSafe Inc .. .................................................................................922 Exhibit L— Certificates of Insut•ance .............................................................................933 Exhibit M— Journal Response to City's General Requirements RFP#13-0207 .............................94`� 2 Exhibit K— Journal Technologies Inc., Source Code and Escrow Agreement with InnovaSafe Inc., contains sixteen (16) pages. ' Exhibit L— Certificates of Insurance for Journal Technologies, Inc., and Jury Systems, Inc., contains eleven (11) pages. `' Eahibit M— Journal Technologies' Response to City's General Requirements RFP #13-0207, contains one hundred sixty nine (169) pages. City of Fort Worth — Niw�icipal Court Case Management System 24370945.21 Joumal Technologies, Inc. Professional Services Agreement Page 3 of 94 Rev. 2/2015 City Secretaiy Contract No. PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City" or "Client"), a home-rule municipal corporation situated in portions of Tari•ant, Denton, Johnson, Parker and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager, and JOURNAL TECHNOLOGIES, INC., ("Consultant" oi• "Journal Technologies"), a Utah corporation, acting by and through, its duly authoi•ized Chief Operating Officer. City and Consultant are each individually referred to herein as a"party" and collectively referred to as the "parties." The term "Consultant" shall include the (i) Consultant, and (ii) its officei•s, agents, employees, i•epresentatives, seivants, contractors or subcontractors, although these persons will not be considered pai�ties to this Agreement. The term "City" shall include (i) the City, and (ii) its officei•s, employees, agents, and representatives, although these peisons will not be considered pai�ies to this Agreement. All Exhibits attached hereto are attached and/or incorporated herein by reference and inade a part of this Agreement foi• all purposes. In the event of any conflict between the documents, any of the Exhibits, or the terms and conditions of tlus Professional Services Agreement, this Professional Services Agreement shall control, unless a doctunent or Exhibit expr�essly overrides the Professional Services Agreement or a provision thereof. SCOPE OF SERVIC�S. Consultant hereby agrees, with good faith and due diligence, to pi•ovide the City with pi•ofessional consulting services for a comprehensive municipal court Case Management System (CMS). Specifically, Consultant will perfoi•m all duties outlined and described in Exhibit "A," Services Agreement, and Exhibit "A-1," Statement of Worlc, whicl� are both attached hereto, incorporated herein for all purposes, and fw�ther referi•ed to hei•ein collectively as the "Services." Notwithstanding anything to tlle contrai•y herein in this Agi•eement, Consultant shall be liable and i•esponsible fol• all services to be provided hei•eunder, whethei• indicated herein as being provided by Consultant or any or all of its subcontractors or conteactors. All references to providing services and performing duties in this Agreement, shall include providing services and/or causiug services to be provided, and performing duties and/or ca�ising duties to be performed. Nothing hei•ein shall relieve Consultant of its dl�ties and obligations l�ndei• this Agi•eement. Consultant shall perforin the Sei•vices in accoi•dance with standat•ds in the industi•y for the same or similar sei•vices. In addition, Consl�ltani shall perform the Seivices in accordance with all applicable federal, state, and local laws, i•�iles, and i•egulations. If thei•e is any coilflict between this Agi•eement and Exhibit A and/or Exhibit A-1, the tei•Ins and conditions of this Agreement shall control. 2. TERM. Tl�is Agreelnent shall commence upon the last date executed by all parties (`Bffective Date") and shall expire no later than six (6) yeais fi•om the Effective Date ("Initial Term"), imless terminated earlier in accordance with the provisions of this Agreement or otherwise extended by the parties. Following the Initial Tel•m, this Agreement may be renewed foi• foui• additional consecutive tei•ms of one yeat• each at the City's option. The one-yeai• period following the end of the Initial Tei•m shall be the "Initial Renewal Term." Each subsequent one -year period following the Initial Renewal Term shall be a "Renewal Term." The I�litial Term, the Initial Renewal Term, and airy Renewal Term are herein collectively i•efei•i•ed to as the "Term." The City shall provide Consnitant with written notice of its intent to renew at least thirty (30) days prior to the end of each terni. City of Fort Word� — Municipal Court Case Management System 2437094521 Journal Technologies, Inc. Professional Services Agreement Page 4 of 94 Rev. 2/2015 City Secretary Contract No. 3. COMPENSATION. (a) The City shall pay Consultant an amount not to exceed $2,539,198.20 for the Initial Tei•m, which includes the implementation and initial costs of $1,124,501.00, in accordance with the provisions of this Agreement and Exhibit B, Payment Schedule, which is attached hereto and incorporated herein for all purposes. (b)Payment for the Initial Renewal Term is not anticipated to exceed $435,000.00, assuming that the providers of the hosting and the juiy solutions increase their rates no more than 5% for such Initial Renewal Term. The cost for each subsequent Renewal Term foliowing the Initial Renewal Term shall not exceed the prior year's cost by more than 5%. For the avoidance of doubt, City acknowledges that (i) Consultant camlot anticipate the Initial Renewal Term costs for the hosting provider or for the juiy solution provider because these providers are separate companies, and (ii) the Initial Renewal Term cost is an estimate. Notwithstanding, Consultant shall notify City within ninety (90) days prior to the Initial Renewal Term of a cost increase for the Initial Renewal Term that t•esults in a payment in excess of $435,000.00, including the reason for such cost increase. (c) Consultant shall not perform, and the City shall not be liable for any additional services not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. Additionally, in the event that the hosting sizing exceeds the Baseline Sizing Requirements (as defined in Exhibit �, such increase will be subject to the costs set forth in Annex 1 attached hereto. In the event the hosting space used in a particular quarter (A) exceeds the hosting space used in the immediately preceding quarter by more than 1TB, the quarterly hosting fee shall be increased by $1,200 for each 1TB of such excess, (B) is less than the hosting space used in the immediately preceding quarter by more than 1TB, the quarterly hosting fee shall be dect•eased by $1,200 for each 1TB of such excess. Disaster recoveiy exercises as set forth in Section 8 of Exhibit J will be provided at an hourly rate not to exceed $225/hour, each of which is expected to require no more than 50 hours. The third pai�ty audit set forth in Section 6a(iv) of Exhibit J will be provided at an hourly rate not to exceed $225/hour, each of which is expected to require no more than 100 hours. Any additional sei•vices not set foi�th in this Agreement and the attachments hereto shall be provided at an hourly rate not to exceed $225/hour. (d) Consultant shall submit an invoice with respect to each quarter's fees, in the amount set forth on Exhibit B, at least sixty (60) days prior to beginning of such quarter. City agrees to pay all invoices of Consultant within thil�ty (30) days of receipt of such invoice. Consultant may charge interest on late payments not to exceed one percent (1%). TERMINATION. 4.1. Convenience. Either the City or Consultant may terminate this Agreement at any time and for any reason by providing the other pai�ty with sixty (60) days' written notice of termination; provided, however, the City shall give ninety (90) days written notice of termination of the hosted services as set forth in Exhibit J to this Agreement. 4.2 Breach. If eithet• party commits a material breach of this Agreemeilt, the non-breacl�ing Party inust give written notice to the breaching party that describes the breach in reasonable detail. The breaching party milst cui•e the breach ten (10) days after receipt of notice fi•oin the non-breaching pai•ty, or other time frame as agreed to by the parties. If the bt•eaching party fails to cure the breach within the stated period of time, the non-breaching party shall institute the dispute resolution process set foi•th in Section 29 herein. City of Fort Worth — Mw�icipal Court Case Management System 2437094521 Journal Technologies, Inc. Professional Services Agreement Page 5 of 94 Rev. 2/2015 City Secretai•y Contcact No. 4.3 Fiscal Fllnding Out• In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, the City will notify Consultant of such occilrrence aud this Agi•eement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the poi•tions of the payments herein agreed upon for which fiinds have been appropriated. 4.4 Duties and Obli�;ations of the Parties. In the event that this Agreement is terminated prior to the end of the Initial Term or pl•ioi• to the end of any Renewal Term, the City s11a11 pay Consultant for services actually rendered up to the effective date of tei•mination and Consultant shall continue to pi•ovide the City with services reqliested by the City and in accoi•dance with this Agreeinent up to the effective date of termination. The Services Disentanglement (defined below) process will begin upon the termination of this Agreement oi• the expiration of the Initial Term, or Renewal Tei•m, as applicable, and will contimie for a period up to 12 months following such expii•ation (the "Disentanglement Period"). 4.5 Sei•vices Disentan leg ment. In the event that this Agreement is tei•minated or expires in accordance with its terms, or in the event tlle City terminates the hosting services as set foi•th in Exhibit J to this Agi•eement, Journal Technologies agrees to provide the following services when requested by the City at a cost to be reasonably agreed upon by the pai�ties, at an hourly i•ate not to exceed $225/hour: (a) Provide the City or its designee with all nonproprietaiy information i•egarding the Services that the City or its designee will need to perfonn the transition of the Services fi�om Joiirnal Technologies to the City or its desig�lee (the "Services Disentanglement"). This information includes, without limitation, data conversions, interface specifications and data about related professional sei•vices. If the City requests in connection with the Services Disentangleinent, Journal Technologies will deliver to the City or its designee all curreut, nonproprietaiy documentation atld data related to the City-owned assets and infi•asti•ucture, the City's data, as well as the Pi•ocess and Pi•ocedui•es Manual. (b) Promptly and oi•dei•ly conclude all work as the City may dii•ect Journal Technologies to do with respect to tl�e Services in accordance with this Agreement. This may include the documentation of work in pi•ogi•ess and other measui•es to provide an orderly ti•ansition to the City or its designee. (c) Discuss witl� the City in good faith a cletailed sel•vices disentanglement plan (the "Services Disentanglement Plan"), and provide this Services Disentanglement Plan to the City within thirty (30) days aftei• the Sei•vices Disentanglement begins. The Sel•vices Disentanglement Plan will detei•mine the nature and extent of Journal Teclmologies' Seivices Disentanglement obligations and detail the transfer of Seivices required, but the Services Disentanglement Plan must not reduce Journal Technologies' obligation under this Agceement to provide all Services necessaty for Services Disentanglement. (d) Consultant shall ilot (and ensure that its subcontractors do not), in any manner, communicate disparaging infoi•mation about the City or its designee, oi• any of their persoiulel, to the ti•ansitioning or existing pel•sonnel of the City oi• its designee. (e) Work with City to trausfer the information necessary for the City or its designee to assume fiill responsibility for providing the Services while limiting the impact of any interruption. (fl Use commercially reasonable effoi•ts to ti•ansfer other conti•actual a►•i•angements related to this Agreement (for example, City-specific work orders or lnaintenance arrangements) to the City at the City's cost, if the City requests these contractual transfers as pai•t of the Services Disentanglement. If City of Fort Worth — Mimicipal Court Case Management System 2437094521 Journal Technologies, Inc. Professional Services Agreement Page 6 of 94 Rev. 2/2015 City Secretary Contract No. the City requests the assignment of contracts as part of the Services Disentanglement, then Journal Technologies will assign to the City's designee — fi•om among the leases, maintenance, support and other contracts used exclusively by Journal Technologies in connection with the Services — such contracts as the City might select from the list that Journal Technologies will provide. (g) Agree to negotiate, in good faith, licenses with software vendors on commercially reasonable terms so that, following the term of this Agreement, the City can use software that Journal Technologies installed. Payment of the costs associated with procuring any such licenses shall be the City's responsibility. (h) ICeep all the hardware, software, systems, networks, technologies and other assets of Journal Technologies used in providing Services to the City (including leased and licensed assets) in good condition. (i) Comply with its ongoing good-faith and contractual obligation to retain consistent staf�ing quality and levels at all times during the term of this Agreement, including when this Agreement is near the end of its Initial Term or Renewal Term, as applicable, when the Journal Technologies anticipates termination and when the City has delivered its intent to terminate the Agreement. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. 5.2 Confidential Information. The City acknowledges that Consultant may use products, materials, or methodologies proprietaiy to Consultant. The City agrees that Consultant's provision of services under this Agreement shall not be grounds for the City to have or obtain any rights in such propi•ietary products, materials, or methodologies unless the parties have executed a separate written agreement with respect thereto. Consultant, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the City ("City Information") as confidential and shall not disclose any such information to a third party without the prioi• written approval of the City. 5.3 Unauthorized Access. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise cori•upt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information lias been compromised or is believed to have been compromised, in which event, Consultant shall, in good faith, use all commercially reasonable efforts to cooperate with the City in identifying what information has been accessed by unauthorized means and shall fuily cooperate with the City to pi•otect such information fi•om further unauthoi�ized disclosui•e. 5.4 Public Information. Journal Technologies undei•stands and acknowledges that the City is a public entity under the laws of the State of Texas, and as such, all documents held by the City are subject to disclosure under Chapter 552 of the Texas Government Code. Journal Tecllnologies shall use its reasonable efforts to clearly indicate to the City what information it deeins proprietary by markiiig such documents "PI•oprietary and Confidential." Unless othei•wise applicable laws govei•n, the City will consider documents not marked by Journal Technologies as "Proprietary and Confidential" to be open for public inspection. If the City is required to disclose any documents that may reveal any Journal Technologies proprietaiy or confidential information to third parties under the Texas Government Code, City of Fort Worth — M�inicipal Court Case Management System Journal Technologies, Inc. Page 7 of 94 24370945.21 Professional Services Agreement Rev. 2/2015 City Secretary Contract No. or by any other legal process, law, rule or judicial order by a court of competent jurisdiction, the City will utilize its best effoi-�s to notify Journal Technologies pt•ior to disclosui•e of such docttments, and provide JoLu•nal Technologies with reasonable opportunity to file any necessaiy documents or forms to object to disclosure. 6. RIGHT TO AUDIT. Consultant ag►•ees that the City shall, during the Initial Term, during any Renewal Term, and until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, hard copy or electronic, of the Consultant involving transactions relating to this Agreement at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appi•opriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant not less than 10 days' written notice of any intended audits. Consultant fiuthei• agrees to include in all its subconti•actor agreements hei•eundel• a provision to the effect that the subcontractor agi•ees that the City shall, during the Initial Tei•m, dui•iilg any Renewal Term, and until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, hai•d copy or electr•onic, of such subconti•actor iilvolving transactions related to the subcontract, and further that City shall have access during normal working holu•s to all subcont�•actor facilities and shall be provided adequate and appropriate woi•k space in order to conduct audits in coinpliance with the provisions of this paragcaph. City shall give subcontractor not less than 10 days' written i�otice of alry intended audits. 7. INDEPENDENT CONRACTOR. It is expressly understood and agreed that Consultant shall operate as an independeilt contractor as to all i•ights and privileges gcanted hei•ein, and noi as agent, representative or employee of the City. Subject to and il� accoi•dance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to conti•ol the details of its opei•ations atld activities and be solely responsible for the acts and omissions of its officeis, agents, servants, employees, contractors and subcontractors. Consultant aclalowledges tl�at the doch•ine of respondeat s�a�pe�•ior shall noi apply as between the City, its officers, agents, sei•vants and employees, and Consultant, its officel•s, agents, employees, sei•vants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. It is further understood that the City shall in no way be considered a co-employel• or a joint employei• of Consultant oi• any officei•s, agents, sei•vants, employees or subcoutractoi•s of Consultant. Neither Consultant, nol• any officel•s, agents, seivants, employees oi• subcontractors of Consultant shall be entitled to any einploy�nent benefits fi•om the City. Consultant shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its ofiicers, agents, servants, employees or subcontractors. 8. LIABILITY AND INDEMNIFICATION. A. LIABILITY - CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROP�RTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY HIND OR CHARACTER, WHETHER REAL City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 8 of 94 Rev. 2/2015 City Secretary Contract No. OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. B. INDEMNIFICATION - CONSULTANT HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOY�ES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALL�GED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS, AND ANY RESULTING LOST PROFITS), OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SUBCONTRACTORS, SERVANTS OR EMPLOYEES. C. INTELLECTUAL PROPERTY INFRINGEMENT —(i) Tlie Consultant warrants that all Deliverables, or any part thereof, furnished hereunder by the Consultant pursuant to the Statement of Worlc, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes furnished hereunder by the Consultant pursuant to the Statement of Work (for purposes of this Section 8C, each individually referred to as a"Deliverable" and collectively as the "Deliverables") and the hosted service furnished under the Hosting Agreement pursuant to the Statement of Work, do not infringe upon or violate any patent, copyrights, trademarks, service marlcs, trade secrets, or any intellectual property rights or other third party proprietary rights. (ii) Consultant shall be liable and responsible for any and all claims or actions against the City for infringement of any patent, copyright, trademarlc, service marlc, trade secret, or other intellectual property rights arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to be liable and responsible shall not apply if the City modi�es or misuses the Deliverable(s). (iii) Consultant agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of reasonable attorney's fees, any claim or action against the City for infringement of any patent, copyright, trademarlc, service marlc, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as Consultant bears the cost and eapense of payment for claims or actions against the City pursuant to this Section 8, Consultant shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlements, negotiations, or lawsuits as necessary to protect the City's interest, and City agrees to cooperate with Consultant in doing so. In the event Consultant fails to talee reasonable steps necessary to defend diligently any such claim or action, the City may assume the defense of such claim or action and all negotiations for its settlement o►• compromise and to settle or compromise any such claim, and Consultant will be liable for all reasonable costs or espenses thereafter incurred in connection with such defense, pi•ovided, that Consultant shall have the right to participate in, at its own expense, the defense of such claim or action. City agrees to give Consultant timely written notice of any such claim or action, with copies of all papers City may i•eceive relating thereto. If the Deliverable(s), oi• any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 9 of 94 Rev. 2/2015 City Secretary Contract No. materially adversely restricted, Consultant shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to malce them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Consultant, the City may terminate this Agreement, and receive an Equitable Refund (as defined below). "Equitable Refund" shall mean a pro rata refund of any quarterly fees paid in advance by the City to the extent that quarterly fees relate to infringing Deliverable(s), or par•t thereof, which refund shall be pro rata based on the amount of time remaining in the quarter to which such quarterly fees relate. A sample calculation of an Equitable Refund is attached hereto as Annex 2. Subsequent to any such termination under clause (d) of this Section 8C(iii), City may seelc any and all remedies available to City under law, other than indirect, special or consequential damages. CONSULTANT'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE I2EQUISITE INSURANCE COVERAGE AND AMOUNTS SET FORTH IN SECTION 10 OF THIS AGREEMENT. 9. ASSIGNMENT, SUBCONTRACTING. AND PRIMARY RESPONSIBILITY. Notwithstanding ailything to the contraly in this Agreement, or any Exhibit or attachment to this Agreemeilt, Jotu•nal Technologies shall be coilsidei•ed the ConsLlltant and Prime Vendor, and shall be liable and responsible for all seivices provided under this Agi•eement aiid any Exhibit and/or attachment to this Agreement, whether or not such services are provided by Joliinal Technologies or any of its Authorized Subconh•actois as defined herein in this Sectioil 9. TIZe City shall not be required to correspond or communicate with any Authorized Subconti•actors for any services to be provided under this Agi•eement. The City shall not be invoiced or billed directly by any Authorized Subcontractols under this Agreement. All cominunications and invoicing and/oi• billing to the City shall be directly with and fi�on1 Jolu•nal Technologies, except as othei•wise set foi•th in the Statement of Work oi• as othei•wise requested by the City. Neither Consultant, noi• any A�ithoi•ized Subcontractor as defined herein, shall assign or subcontract any of its duties, obligations oi• rights under this Agi•eement without the pi•ior written consent of the City. For pLirposes of this Agreeinent, Authorized Subcontractois shall include Jury Systems, Inc., and Tonaquint Data Center, Inc. If the City grauts consent to an assignment, the assignee shall execute a wi•itten agceement with tlle City and the Consultant oi• the Authoi•ized Subconti•actor undei• which the assignee agcees to be bound by the duties and obligations of Consultant or Authorized Subcontractor under this Agi•eement. The Consultant or Authol•ized Subcontractor, and Assignee, shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant oe Authorized Subcontractor referencing this Agreement under which the subcontractor shall agree to be boiind by the duties and obligations of the Consultant oi• Authorized Subcontractoi• undei• this Agreement as such duties and obligations may apply. The Consultant or Authorized Subcontractor shall provide the City with a fillly executed copy of any such sti�bconti•act. In accoi•dance with City of Fort Woi�th Oi•dinance No. 20020-12-2011, the City has goals foi• the participation of Minority Business Enterprises and Womei� Business Enterprises (M/WBE) in City contcacts. Consultant acknowledges the M/WBE goal established for this contcact at 10% and its coinmitment to meet that goal. Any misrepi•esentation of facts (other than a negligent misi•epresentation) and/oi• the colnmission of fi•aud by Consultant may result in the tei•mination of this agreement and debainlent fi•om pat•ticipating iiz City conti•acts for a pel•iod of time of not less than thi•ee (3) yeai•s. Consultant will submit information concei•ning City of Fort Worth — Municipa( Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 10 of 94 Rev. 2/2015 City Secretaiy Contract No. b. Combined limit of not less than $1,000,000 per claim; $2,000,000 aggregate and Umbrella Coverage in the amount of $4,000,000. Umbrella policy shall contain a follow-form provision and shall include coverage for personal and advei�tising injury. The umbrella policy shall cover amounts for any claims not covered by the primary Technology Liability policy. Defense costs shall be outside the limits of liability. (a) Coverage shali include, but not be limited to, the following: (i) Failure to prevent unauthorized access (ii) Unauthorized disclosm�e of third patiy non-public corporation information (iii) (A) Implantation of malicious code oi• computer virus and (B) Fraud, Dishonest or Intentional Acts, in each case to the extent constituting a glitch or data privacy wrongful act caused by any past or present employee of any named insured who acts or acted outside the scope of his or her employment to intentionally cause such glitch or a data privacy wrongful act (iv) Intellectual Property Infi�ingement coverage, specifically including coverage for intellectual property infi�ingement claims and fot• indemnification and legal defense of a11y claims of intellectual property infringement, including infi�ingement of copyi•ight, trade mark or trade secret, brought against the City for use of Deliverables, Software or the M/WBE (s) that will pai-�icipate in the contract to meet the set goal. The information shall include: (1) the name, addi•ess and telephone number of each M/WBE; (2) the description of the work to be performed by each M/WBE; and (3) the approximate dollar amount/ percentage of the participation. If Consultant fails to meet the stated goal, then Consultant must submit detailed documentation of good and honest efforts as to why the goal was not achieved. 10. INSURANCE. 10.1 The Consuitant, and, in the case of Intellectual Property Infi�ingement coverage, its subcontractor Jury Systems, Inc., shall carry the following insurance coverage with a company that is licensed to do business in Texas or otherwise approved by the City: 2. 4. Commercial General Liability a. Combined limit of not less than $2,000,000 per occurrence; $4million aggregate or b. Combined limit of not less than $1,000,000 per occurrence; $2,000,000 aggregate and Umbrella Covet•age in the amount of $4,000,000. Umbrella policy shall contain a follow-form provision and shall include coverage for personal and advet•tising injui•y. c. Defense costs shall be outside the limits of liability. Automobile Liability Insurance covering any vehicle used in the course of providing services under this Agreelnent, including non-owned and hired vehicles, with a combined limit of not less than $1,000,000 per occurrence. Professional Liability (Errors & Omissions) in the amount of $1,000,000 per claim and $1,000,000 aggregate limit. Statutory Workers' Compensation and Employers' Liability Insurance requirements per the amount required by the applicable statute. 5. Technology Liability (Errors & Omissions) � a. Combined limit of not less than $3,000,000 per claim; $3,000,000 aggregate or 1 The Technology Liability and Professional Liability coverage set forth in this Section 10 is pi•ovided under the same Errors and Omissions po(icy. City of Fort Worth — Municipal Court Case Management System Joumal Technologies, Lic. Page ] I of 94 24370945.21 Professional Services Agreement Rev. 2/2015 City Seccetacy Contract No. Services provided by Consultant oi• Jury Systems, I�1c., as applicable, under this Agreement. Technology coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, a separate policy specific to Technology E&O, or an umbt•ella policy that picks up coverage after primaiy coverage is exhausted. Either is acceptable if coverage meets all other requil•ements. Any deductible will be the sole 1•esponsibility of the Consultant and may not exceed $250,000 without the written approval of the City. Coverage shall be claims-made, with a i•etl•oactive or pl•ior acts date that is on or before the effective date of this Agreement. Coverage shall be inaintained for the duration of the contractual agreeinent and for two (2) yeais following completion of services provided. An annual certificate of insurance, or a full copy of tlle policy if requested, shall be submitted to the City to evidence coverage. Any other instu•ance as reasonably requested by City at a cost to be agreed upon by the parties. 10.2 General Insurance Requirements: 1. All applicable policies, except the aLrtoinobile policy, shall name the City as an additional insui•ed thereon, as its interests may appear. The terin City shall include its employees, officei•s, off'icials, agents, and volunteers in respect to the contracted services. 2. The workers' compensation policy shall include a blan(cet Waiver of Subrogation (Right of Recovery). 3. A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be pi•ovided to the City. Ten (10) days' notice shall be acceptable in the event of non-payment of pi•emium. Notice shall be sent to the Risk Manager, City of Fot•t Worth, 1000 Throckmorton, Fort Woi�th, Texas 76102, with copies to the City Attorney at the same address. 4. The insui•ers fol• all policies must be licensed and/or approved to do business in the State of Texas. All insui•ers must have a minimum rating of A- VII in the current A.M. Besi Key Rating Guide, or have i•easonably eqnivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. 5. Any failLu•e on the part of the City to request reqitired insurance documentation shall not constitute a waiver of the insurance requirement. 6. Certificates of Insurance evidencing that the Cousultant has obtained all required insurance shall be delivei•ed to and approved by the City's Rislc Management Division pi•ior to execution of this A�ceement. 1L COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Consultant agcees to comply with all applicable federal, state and local laws, ordinances, rules and i•egulations. If the City notifies Consultant of any violation of such laws, ordiizances, rules ol• regulations, Consultant shall immediately desist fi•oin and coi•i•ect the violation. 12. NON-DISCRIMINATION COVENANT. Cousultailt, for itse]f, its personal representatives, assigns, subcontractors and successors in intei•est, as part of the considei•ation hel•ein, agi•ees that in the pet•foi�mance of Consultant's duties and obligations hei•eunder, it shall not disci•inlinate in the treatment or employment of any individual or gcoup of individuais on any basis prohibited by law. If any claim arises fi•om an alleged violation of this non- discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or sLlccessois in intei•est, Consultant agrees to assume silch liability and to indemnify and defend the City and hold the City harmless f'ronl such claim. City of Fort Worth — Municipal Court Case Management System 2437094521 Journal Technologies, Inc. Professional Services Agreement Page 12 of 94 Rev. 2/2015 City Secretary Contract No. 13. NOTICES. Notices required pursuant to the pi�ovisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the h•ansmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: TO THE CITY: City of Fort Worth Attn: Municipal Court Director 1000 Throckmorton Street Fort Worth TX 76102 Facsimile: (817) 392-6702 With Copy to: City Manager 1000 Throckmorton Street Fort Woi�th, Texas 76102 Facsimile: (817) 392-6134 City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 Facsimile: (817) 392-8359 TO CONSULTANT: Journal Technologies, Inc. Attn: President 915 E 1 S` Street Los Angeles, CA 90012 Facsimile: (213) 229-5481 14. SOLICITATION OF EMPLOYEES. Neither the City nor Consultant shall, during the Term of this Agreelnent and additionally for a period of one year aftei• its termination, solicit for employinent or employ, whether as employee or independent contractoi•, any person who is or has been employed by the other during the term of this Agreement, without the pi•ior written consent of the peison's employer. This provision shall not apply to an employee who responds to a general solicitation or advertisement of employment by either party. 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 16. NO WAIVER. The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upo�7 appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW AND VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whethe�� real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for City of Fort Worth — Mimicipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 13 of 94 Rev. 2/2015 City Secretary Conti•act No. sltch action shall lie in state cotu�ts located in Tarrant Couuty, Texas oi• the United Staies District Court for the Northei•n District of Texas, Foi•t Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal oi• unenforceable, the validity, legality and enforceability of the remaining provisions shali not in any way be affected or impaired. 19. FORCE MAJEURE. The City and Consliltant shall eYercise their best efforts to meet their i•espective duties and obligations as set fol�th in this Agl•eement, but shall not be held liable for any delay oi• omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor resti•ictions by any govei•nmental alithority, ti•anspor�tation probleins and/or any othel• similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agi•eement are foi• i•eference purposes only and shall not be deeined a pai�t of this AgY�eement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed this Agreement and that the noi•mal rules of consti•uciion to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 22. AMENDMENTS. No amendme�lt of this Agreement shall be binding upon a pai-ty hereto unless such amendment is set forth in a wi•itten inst�•ument, aild duly executed by an authorized representative of each party. 23. ENTIRETY OF AGREEM�NT. This Agreement, including any exhibits attached hei•eto and any documents incoiporated herein by reference, contains the entire anderstanding and agr•eement between the City and Consultant, their assigns and successoi•s in iiltei•est, as to the inatters contained hei•ein. Any pl•ioi• or contempoi•aneous oi•al or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agceenlent may be executed in one or mol•e countei•pai•ts and each countei•pai•t shall, foi• all purposes, be deemed an oi•iginal, but all such countei•pai•ts shall together constitute one and the saine instrument. AIZ executed Agceement, modification, amendment, or separate signature page shall constitute a duplicate if it is ti•ansmitted thi•ougtl electronic means, such as fax oi• e-nzail, and i•eflects the signing of the doctunent by any pai•ty. Duplicates ai•e valid and binding even if an oi•iginal paper document beai•ing each pai•ty's original signature is not delivei•ed. City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 14 of 94 Rev. 2/2015 City Secretary Contract No. 25. WARRANTY OF SERVICES. Consultant warrants that its services will be of a professional quality and conform to generally prevailing industry standards. City must give w►•itteil notice of any breach of this wai•ranty within thirty (30) days from the date that the services are completed. In such event, at Consultant's option, Consultant shall either (a) use commercially reasonable efforts to re-perform the services in a manne�• that conforms with the warranty, or (b) refund the fees paid by the City to Consuitant for the nonconforming services. 26. DELIVERABLE ACCEPTANCE. Consultant shall verify the quality of each deliverable before submitting it to the City for review and approval. Tl�e City will review all deliverables to detei•mine their acceptability and signify acceptance by execution of the Deliverable Acceptance Form, which is attached hereto as Eshibit C. If the City rejects the submission, it will notify the Consultant in writing as soon as the determination is made listing the specific reasons for rejection. The Consultant shall have fifteen (15) days, or an alternate period of time as reasonably agreed upon in advance by the parties hereto, to correct any deficiencies and resubmit the corrected delivet•able. Payment to the Consultant shall not be authorized unless the City accepts the deliverable in writing in the form attached. The City's acceptance will not be um•easonably withheld. 27. NETWORK ACCESS. 27.1 City Network Access. If Consultant, and/or any of its employees, officers, agents, seivants or subcontractors (for purposes of this Section 27, "Consultant Personnel"), requires access to the City's computer• network in order to provide the services herein, Consultant shall execute and compiy with the Network Access Agreement which is attached hereto as Exhibit D and incorporated herein for all purposes. 27.2 Federal Law Enforcement Database Access. If Consultant, or any Consultant Personnel, requires access to any federal law enforcement database or any federal criminal history record information system, including but not limited to Fingerprint Identification Records System ("FIRS"), Interstate Identification Index System ("III System"), National Crime Information Center ("NCIC") or National Fingerprint File ("NFF"), that is governed by and/or defined in Title 28, Code of Federal Regulations Part 20 ("CFR Part 20"), for the pm•pose of providing services for the administration of criminal justice as defined therein on behalf of the City under this Agreement, Consultant shall comply with the Criminal Justice Information Services Security Policy and CFR Part 20, and shall sepaz•ately execute the Federal Bureall of Investigation Criminal Justice Information Services Security Addendnm. 28. IMMIGRATION NATIONALITY ACT. The City of Fort Worth actively supports the Iimnigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employlnent verification, and nondiscrimination. Consuitant shali verify the identity and employment eligibility of all employees who perform work under this Agceement. Consultant shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documei7tation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall establish appropriate procedures and controls so that no services will be perfot•med by any employee who is not legally eligible to perform such services. Consliltant shall provide City with a certification letter that it has complied with the verifcation requirements required by this Agreement. Consultant shall indemnify City from any penalties City of Fort Worth — Mwiicipal Court Case Management System 24370945.21 Joumal Technologies, Inc. Professional Services Agreement Page 15 of 94 Rev. 2/2015 City Seci•etaiy Contract No. or liabilities due to violations of this provision. City shall have the right to immediately tei•minate this Agreement for violations of this provision by Consultant. 29. INFORMAL DISPUTE RESOLUTION. Subject to Section 4.2 hei•ein, if eithei• City or Consultant has a claim, dispute, or otl�ei• matter in question for breach of duty, obligations, setvices rendered or any warranty that arises under this Agreement, the parties shall fii•st attempt to i•esolve the matter through this dispute resohrtion process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, disptrte, or breach. The notice shall state the nature of the dispute and list the party's specific i•easons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall commence the resolution process and make a good faith effoi�t, either through email, mail, phone conference, in person meetings, or othet• reasonable means to i•esolve any claim, dispute, breach or other inattet• in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispLrte within sixty (60) days of the date of i•eceipt of the notice of the dispute, then the pai�ties may submit the matter to non-binding mediation in Tarrant County, Texas, upon wi•itten consent of authorized representatives of both pai�ties in accoi•dance with the Industly Arbitration Rules of the American Arbih•ation Association or other applicable rules governing meciiation then in effect. The mediator shall be agceed to by the parties. Each party sl�all be liable for its own expenses, inclLiding attorney's fees; howevei•, the parties shall shai•e equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either party shall have the riglit to exercise any and all i•emedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accol•dance with tl�is informal disptrte t•esolution pi•ocess, the pai•ties agi•ee to continue without delay all of theii• respective duties and obligations ander this Agreement not affected by the dispute. Either pal•ty may, before or dul•ing the exercise of the infoi•mal dispute resolution process set foi•th herein, apply to a coui•t having jiuisdiction for a tempoi•aiy resh•aining order ot• preliminaiy injunction where such relief is necessary to protect its interests. 30. REPORTING REQUIREMENTS. Foi• purposes of this Section 30, the woi•ds below shall have the following meaning: Cl�ild shall mean a pei•son under the age of 18 yeais of age. Cl�ild porf�og���apl�y means an image of a child engaging in sexual conduct ol• sexual performance as defined by Section 43.25 of the TeYas Penal Code. Compi�fer� means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, or memoiy fiinctions by the manipulations of electronic or magnetic iinpulses and includes all input, output, processing, storage, oi• cominunication facilities that are connected or related to the device. Con�piiter• technicia» means an individual who, in the coui•se and scope of employinent ol• business, installs, repail•s, or otherwise services a computei• for a fee. T11is shall include installation of softwai•e, hardware, and maintenance services. If Consliltant meets the definition of Computer Technician as defined herein, and while providing services pui•suant to this Agceement, views an image on a computei• that is oi• appeai•s to be child pornography, Consultant shall immediately report the discovery of the image to the City and to a local or state law enfoi•cement agency or the Cybei• Tip Line at the National Center for Missing and Exploited Childi•en. The report must include the name and addl•ess of the ownel• oi• peison claiming a i•ight to possession of the computer, if known, and as pei•mitted by law. Failui•e by Consultant to malce the repoi•t City of Fort Worth — Municipal Court Case Management System 2437094521 Journal Technologies, Llc. Professional Services Agreement Page I 6 of 94 Rev. 2/2015 City Secretary Contract No. required herein may result in criminal and/or civil penalties. 31. SOURCE CODE ESCROW. The software source code for software provided by Journal Technologies for the comprehensive Case Management System shall be deposited by Consultant with InnovaSafe, Inc., pursuant to Software Source Code Escrow Agreement number 2738 between InnovaSafe, Inc., and Consultant, attached hereto as Exhibit M, or other similar escrow agreement acceptable to the City (`Bscrow Agreement"). Consultant shall compiete, oi� cause to be completed, all necessary documents and related forms for deposit of the source code fot• the software as defined in the Escrow Agreement and licensed under this Agreement for the benefit of the City. City shall be listed as a Beneficiary or Designated Beneficiaiy pursuant to the Escrow Agreement. In the event of a conflict between the Agreement and the Escrow Agreement, the Agreement shall control. The City shall enter into a separate escrow agreement for any software source code(s) for other software provided by any Authorized Subcontractor. 32. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the r•espective party, and that such binding authority has been granted by proper order, resolution, ordinance or othei• authorization of the entity. This Agreement, and any amendment(s) hereto; 'may be executed by any authorized representative of Consultant whose name, title and signature �s af�xed on th� :Verification of Signature Authot•ity Form, which is attached hereto as Exhibit E and incorporate herein by reference. Each party is fiilly entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. [Signature Page Follows] Cit�� of Fort Worth — Municipal Court Case Management System Journal Technologies, Lic. Page 17 of 94 2437094521 Professional Services Agreement Rev. 2/2015 City Secretaiy Contract No. � � Executed in multiples this the ��- day of ��l���<- , 20� AGREED: CITY OF FORT WORTH: By: Rudy Jackson Acting Assistant City Manager � _ ( S ,��y� Date: ?�'" ,��� � ATTEST: By: Mar J. �ayse City Secretary APPROVED AS FORM AND LE( � Maleshia . armei• Senior Assistant City Attorney CONTRACT AUTHORIZATION: M&C: G27165 Date Approved: 1/27/2015 _ — -_ _ _ i �F��C��iL f�E��9�d� �I�'�' ��C�E'�'Qa�i�' ��r N�VI� A �'Ny �� � �; ����a�� � ������ City of Fort Worth — Municipal Court Case Management System Journal Technologies,Inc. Page 18 of 94 / �� � AGR�ED: JOURN L T��H�IOLOGI�S: , By: �-\ Jon M. `P k Chief Operating Officer Date: "� -/ �� -/�---- n'� ATTEST: p � ` / �_ 9 . - ' /._.. , -. O � 77 . - : � .''� Z� � ll�� /- � � � ' � � Name � ' /� l�c, n �n v '`v .� Title /.,.-�:<f�wf <,� ��: �r APPROVAL RE OMMENDED: sy: Deidra Emeison Municipal Cqurt Director �i�� 7 By: !"� L- Kevin Gut n Chief Technology Officer 24370945.21 Professional Services Agreement Rev. 2/2015 City Secretary Contract No. ANNEX 1 to Professional Services Agreement — Cost Increases Cost per additional VM: a. eCourt Production Application VM (10 CPUs, 12GB RAM, 438GB Storage: $1,100) b. eCourt Production Database VM (10 CPUs, 64GB RAM, 1500GB Storage: $3,700) c. eCourtPublic Application/DB VM (6 CPUs, 12GB RAM, 438 GB Storage: $1,100) d, eCourt & eCourtPublic Test App/DB (IOCPUs, 16GB RAM, 900GB Storage: $1,700) e. Plus one-time installation charge $1,300 each. Cost per additional GB of RAM: $60 per quarter Cost for additional storage for the production and test database and eCourtPublic servers: 50 GB @ $75 per quarter Cost per additional CPU: $50 per quarter City of Fort Worth — Municipal Court Case Management System 2437094521 Journal Technologies, Lic. Professional Services Agreement Page 19 of 94 Rev. 2/2015 City Secretary Contract No. ANNEX 2 to Professional Services Agreement — Sample Calculation I�:I�1li���i Assume Q6 begins on January 1, 2016 and ends on March 31, 2016 and on Febt•uary 15, 2016, the City exercises its termination t�ight due to eCourt being held to infringe. The total Q6 fees relating to the Deliverable (eCoui�t) held to infi•inge would be: • License & Maintenance Fee (Column B of Payment Schedule) -$36,262.50 • Support Fee (Column C of Payment Schedule) -$7,252.50 • TOTAL: $43,515.00 Since the Agreement is terminated halfway through Q6, 50% of the fees relating to the infringing Deliverable would be refundable: 50% * $43,515.00 = $21,757.50 Thus, the Equitable Refiand would be $21,757.50 City of Fort Worth — Mimicipal Court Case Management System 2437094521 Journa( Technologies, Inc. Professional Services Agreement Page 20 oF94 Rev. 2/2015 City Secretary Contract No. EXHIBIT A SERVICES AGREEMENT In consideration for the representations and agreements contained herein, the parties hereby covenant and agree as follows: DEFINITIONS 1.1 Acceptance means written acknowledgment by Client that a particular Deliverable provided by JoLlrnal Technologies and, if applicable, installed in Client's environment pursuant to the Professional Services Agt•eement, performs in accordance with and conforms to the applicable Acceptance Criteria; pi•ovided, however, that whenever Acceptance is required herein, it shall conclusively be deemed to have been given by Client if it has not provided written notice to Journal Technologies, in the manner and within the applicable time period set forth in Section 3("Acceptance"), that the Deliverable fails to meet the applicable Acceptance Criteria. 1.2 Acceptance Criteria means such set of tests and protocols that Journal Technologies and Client may mutually develop from time to time hereunder, for the purpose of determining whether a particular Deliverable performs in accordance with the applicable Specifications. 13 Service Fees means the fees to be paid by Client, as detet•mined in the Statement of Work, which entitle Client to Services. 1.4 Services means those services provided by Journal Technologies to Client under• Section 1 of the Professional Set•vices Agreement. 1.5 Deliverable(s) means one or more items (which may include hardware, software, firmware, services ot• other items) to be delivered by Journal Technologies to Client, as specified under this Agreement or an applicable Stateinent of Work. SERVICES 2.1 Services. Journal Technologies agrees to provide Services to Client in accordance with the provisions of the Professional Services Agreement. All Services will be rendered in accordance with the provisions of the Professional Services Agreement, this Services Agreement, the applicable Statement of Work and any other guidelines agreed upon by Journal Technologies and Client. 2.2 Ownership of Product of Services. Unless otherwise specified to the contrary in the applicable Statement of Work, all data, materials, Deliverables and other products developed by Journal Technologies under the applicable Statement of Work or other agreement shall be and remain the sole and exclusive property of Jouinal Technologies, which shall retain all rights therein; provided that upon full payment by Client, Client shall have the right to utilize such products for Client's intei•nal purposes on a perpetual, royalty-free basis. City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technologies, Lia Professional Services Agreement Page 21 of 94 Rev. 2/2015 City Secretary Contract No. ACCEPTANCE 3.1 Acceptance Testin�. Client will be solely responsible for the final acceptance testing of each Deliverable. Upon notice fi�om Journal Technologies that a Deliverable is 1•eady for testing, Client shall commence acceptance testing of the same. Client sl�all have thii•ty (30) days (or such other time as may be specified in a Statement of Work) fi•om the date of Journal Technologies' notice to examine and test the Deliverable, to deterinine whether the Deliverable confoi•ins to the relevant Acceptance Criteria. Within that review period, Client shall provide Journal Teclmologies (in the inanner requii•ed generally for notice) with Acceptance of the Deliverable, or a written statement of errols to be corrected. 3.2 Corrections. When a Deiiverable has not been given Acceptance because an error or deficiency was found and Client has pi•ovided Journal Technologies with a statement of erroi•s, Journal Technologies shall as promptly as practicable cot•rect the identified errois or deficiencies and redeliver the Deliverable(s) in question to the Client, giving Client notice thei•eof. Client shall tlien, as pi•omptly as practicable , repeat any necessary testing and provide Journal Technologies with Acceptance or a further written statement of errors. 4. WARRANTIES 4.1 Services Wari•anties. Journal Technologies wai•i•ants that the Services rendered to Client pui•suant to this Agreement shall be pei•foi•med in a competent and professional manner, and that each of Jotu•nal Technologies' employees, independent conh�actors or agents assigned to perform Services pui•suant to this Agceement shall have ti•aining, background and skills reasonably cominensui•ate with the level of performance reasonably expected for the tasks to which he or she is assigned. 4.2 Warrantv of Law. Joui•nal Technologies wai•rants and represents that to the best of its Knowledge: (i) Jouinal Technologies has full authority to enter into this Agreement and to constunmate the ti•ai�sactions contemplated hei•eby and (ii) this Agi•eement is not prohibited by any othei• agi•eement to which Journal Technologies is a party or by which it may be bound (the "Legal Warranty"). In the event of a bi•each of the Legal Wari•anty, Journal Technologies shall indemnify and hold hai•mless Client fi•om aizd against atry and all harm, injury, damages, costs, losses, liabilities, settleinent amounts and expenses, including reasonable attorneys' fees and expenses, incurred by Client arising out of said breach. 4.3 Effect of Breach of Wari•anty. If, at any time dui•ing the term of this Agi•eemeni, Journal Technologies fails to perform accot•ding to any warranty under this Section 4("Warranties"), Client shall promptly notify Joui•nal Teclmologies in writing of such allegeci nonconfoi•mance, and Joul•nal Technologies shall coi•rect any de�ciencies in Sei•vices provided oi• i•epaii• oi• i•eplace all eri•ors and malfiinctions in any Delivei•able at no additional charge to Client (except as set forth in a Statement of Woi•k), so long as the errors or malfiuictions al•e �1ot caused by an act of Client ol• any thii•d pai•ty not under the control of or authorized by Journal Technologies. 4.4 No Other Warranties. Except as provided ii1 the Professional Sei•vices Agi•eement, WARRANTIES AND REPRESENTATIONS STATED WITHIN THIS AGREEMENT ARE EXCLUSIVE, AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 22 of 94 Rev. 2/2015 City Secretary Contract No. �xxIBIT a-i STATEMENT OF WORK to Professional Services Agreement between City of Fort Worth and Journal Technologies, Inc. City of Fort Worth Municipal Court Case Management System Reference RFP# 13-0207 Statement of Worlc (SOW) City of Fort Worth & Journal Technologies, Inc. November 24, 2014 City of Fort Worth — Municipal Court Case Management System Journal Technologies, lnc. Page 23 of 94 2437094521 Professional Services Agreement Rev. 2/2015 City Secretary Conh•act No. Section 1 Introduction This Statement of Work (SOW) sets forth the fi•amework to implement the eConrt, eCoui�tPublic, and JURY+ Yyeb Gener�ation and JURY+ Web Solution systems for the City of Fort Worth (herein referred to as "Court" or "Fort Worth") by Journal Technologies, Inc. (hereinafter referred to as "Jolu•nal Technologies"), as prime conti•actor. This SOW desci•ibes the scope of the pi•oject, its phases, ce►•tain resource requirements and assignment of responsibilities, as well as t•equii•ed delivel•ables by Journal Technologies and the Court. Jolu•nal Technologies' subcontractors' Statements of Work are incorporated herein as appendices. Notwithstanding the foi•egoing, Journal Technologies shall be considered the pl•ime contractor atld shall be liable and responsible for all setvices to be provided het•eundet•, whether indicated herein as being provided by Joui•nal Technologies or any or all of its subconti•actoi•s oi• contractors. Notlung herein shall relieve Journal Technologies of any duties or obligations under this Agreement. Section 2 Project Scope and Definition 2.1 Project Scope Software The Court Case Management System solution will consist of the eCoui•t, eCourtPublic, and JURY+ Web Ge��e�°ation and JURY+ Web Solz�tio�7 software, and the implementation services to configure and install the solution. Hosted Solution For so long as the hosted services set forth in �xhibit J to the Professional Services Agreement are being pi•ovided by Joui•nal Teclulologies, the Court Case Management System solution, other than the JUFZY+ Y��eb Generatioi� and JURY+ tiT�eb Solzrtioi� software, will i•eside at a location hosted by Journal Technologies. Journal Technologies is responsible foi• installing and configuring the hosted components of the solution. Joui•nal Technologies is responsible foi• pi•oviding and condacting the initial installation and implementation of the eCourt and eCourtPublic on the serveis, and JURY+ uteb Gene��ation and JURY+ YT�eb Solzitio�� softwai•e on the sei•vers and on four i•epi•esentative Coui•t client deslctop; thereaftei• the Coui•t is i•esponsible for installation (with Joui•nal Technologies assistance) and maintenance of any such items on the client deslctops. Jout�nal Technologies is i•esponsible for ti•aining Coui•t System Administrators and designated end-user Court personnel. 2.2 Project Pltr�ses Journal Technologies will be i•esponsible foc all �hases of pi•oject management. The pl•oject will be managed within the context of ihe Project Management Institate (PMI)'s best practices as derived from the Project Management Body of ICnowledge (PMBOIC) and will be str�tctured within the following four (4) phases: 1. Initiating 2. Planning 3. Execution 4. Closing City of Fort Worth — Municipal Court Case Management System 24370945.21 Joumal Technologies, Inc. Professional Services Agreement Page 24 oF94 Rev. 2/2015 City Secretaiy Contract No. Monitoi•ing and Controlling activities will take place throughout all phases of the project, and are intended to support a successful implementation of the solution. Monitoring and Controlling tasks/activities will include the regular submission of status reports and holding regular status ineetings including the Journal Technologies team and the Court team. The principal guiding documents for the project will be this Agreement including the Statement of Work and a baseline project plan that will be jointly developed and approved by the City during the Planning Phase of the project. Journal Technologies anticipates creating the following tools in the Planning phase: • Communications Plan • Risk Assessment Plan • Change Management Plan • Acceptance Test Plans • Training Plan • Work Breakdown Structure • Baseline Project Schedule Section 3 Project Phases 31 Initiatin� P/aase The Initiating Phase began with the Fort Worth City Council authorization to procure a new Court Case Management System and will end with the offcial Project Kick-off Meeting. The Initiating Phase is followed by the Planning Phase, which wili begin with the appropriation and allocation of funding and the official awarding of the contract. 3.2 Planning Phase The Planning Phase consists of the following activities: 1. Create the following plans: a. Communications Plan b. Risk Assessment Plan c. Change Management Plan d. Acceptance Test Plans e. Training Plan 2. Conduct discovery meetings and reviews to: a. Review the Execution Phase below and ensure that the scope is defined, and that all aspects of the project have visibility and are considered; b. Identify the responsible organization for each project task in a WBS (using the tasks and assigmneilts in the Execution Phase below as the guide); c. Identify target start and completion dates for tasks; d. Identify activities that are considei•ed milestones or considered to be on the critical path of the successfiil completion of the pi•oject. 3. Determine prelimina�y project personnel resource assigmnents, using the tasks and assignments in the Execution Phase below as the guide. 4. Finalize the solution architecture and technical coi�iiguration specifications. 5. Identify ti•aining and internal Court IT support model i•eqiiirements. 6. Prepai•e the preliminaiy project timeline. City of Port Worth — Municipal Court Case Management System 24370945.21 Joumal Technologies, Inc. Professional Services Agreement Page 25 of 94 Rev. 2/2015 City Secretaiy Contract No. The Planning Phase will end with the documentation and satisfactoi•y review of each of the above items. 3.3 Executzon Pltnse The Execution Phase consists of the following activities: T�sk 1: Ju�y System Task 2: System Environments Taslt 3: Barsrness Process A�taCysrs Tr�ai�zif�g Taslr 4: Btrsiness ProcessAnalysis Tnslr S: Genernl eCortrt Cottfiguration Tas/r 6: Case Specific nnrl eCocn�t Wor�ltflotiv Corzfzgtirtrtion Taslr 7: Carslom tleveCopme�zi items Taslr 8: Docarment Mnrtagement Install, Co»figar��ation a�7d Test: Taslr 9: Test Plan, Tools and Scripts Taslc 10: Cr�tover Plan, Imple�nentntiofr Ti^azni�tg nnd Deploymeftt Each taslc for the Execution Phase is more specifically described below: Taslr 1: Jccfy System 1. Introduction Jury Systems Incorporated (JSI) products selected for this implementation are: JURY+ Web Generation and JURY+ Web Solution. The Court has also indicated its desire for these applications to be hosted intei•nally by the City of Fort Worth. 2. Key Assumptions 1. J��iy Systems Incorporated has the 1•esoui•ces to manage system instailatioil, data sei•vices management and application ti•aining. 2. A formal "design phase" of the project will not be i•equil•ed. The JSI products will be used "as is" anci City/Coul•t specific requii•ements will be handled tlu�ough configuration in one installation of the base products. If enhancements are identified by Fort Wortl�, they will be evaluated and pi•ioi•itized. If i•equested, JSI will document the natlu•e of tl�e change and pi•ovide a cost estimate for consideration and approval by Fort Worth. 3. Forms development is a key factor in the pi•oject timeline. Forin design and development ai•e the client's responsibility, although the activities are done in close consultation with the JLuy Systenls Incorporated project team. 4. The finalized foi•in design will be used to ci•eate a customized JURY+ Web Solution entry page to facilitate ji�ror access and entry of their personal information. 3. Vendor Resnonsibilities Project Initiation & Contt•ols 1. Upon receipt of the conti•act and initial payment, the Joui•nal Technologies City of Fort Worth — Mwlicipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 26 of 94 Rev. 2/20 ] 5 City Secretary Contract No. Project Manager will contact Fort Worth's Project Manager to schedule kick-off ineeting. At this meeting, the Project Managers will review: • Scheduling tasks and resources • The venue and fi•equency of status meetings and reports • Forms development and data conversion requirements • Discuss or set preliminary project scheduling goals and objectives • Set integration meetings and working business review sessions 2. The JSI Project Managet• and Fort Worth Project Managers will work closely together to manage all aspects of this project. Each will manage the communication and assigned tasks of their respective teams. Installation 1. JSI will configure the required hardware in the City's environment. This includes the JURY+ Web Generation application and web servers and the JURY+ Web Solution application and web servers. A development / training environment will be created along with a production environment. 2. JSI will install the JURY + Web Generation application on Fort Woi�th's development / training servers. 3. JSI will install and configure the JURY+ Web Solution pages in the development / training environment subject to completion of the forms design. 4. JSI will create a training / development database and a Production database on Fort Worth's database sei•ver. Forms Development 1. Journal Technologies/JSI will develop the appropriate forms that will be used by the JURY+ components, with assistance fi•om Fort Worth. In connection with such development process, Fort Worth agrees to seek confil•mation from the applicable committees that any such form satisfies such committee's or committees' legal requirements. 2. JSI will work with the subconh�acted form vendor to ensure the fortns provide the desired functionality with the JSI applications. 3. JSI will create JURY+ Web Solution web pages from the approved forms in order to facilitate juror web enhy of thei�• personal information. Integration Services 1. Journal Technologies/JSI will work with the Fort Worth Court staff to integrate the JSI products into the Court business process. 2. Jom•nal Technologies/JSI will conduct business review sessions to analyze the Fort Worth business processes, reports, and forms. JSI will document the results, including gap analysis. Prepare Test Environment 1. Journal Technologies/JSI will work with the Fort Worth project managers and implementation team in configuring the development / City of Fort Worth — Municipal Court Case Management System Journai Technologies, Inc. Page 27 of 94 24370945.21 Professional Services Agreement Rev. 2/2015 City Secretary Contract No. Data Load 1. 2. 4. � 7. training environment. The development / training environment is a pi•ototype of the eventual productioil envii•onmeilt. The development / training enviromnent is configured aftet• the integration work phase and business review sessions are complete. The exchange of information collected by Jo�u•nal Technologies/JSI during the integration phase is then put into building the development / training environment. All forms tests, business and procedure development, technical review, template development and training will be coinpleted in the development / ti•aining envii•onment. Acceptance Testing will be completed using the development / training envit•omnent. 2. Journal Technologies/JSI will assist Foi�t Worth in prepat•ing the test cases that ai•e i•epresentative of the Court's business process in order to enstue ihe system is configured properly to meet all business requirements. Journal Technologies/JSI will explain and document the record specifications for loading Foi•t Worth soul•ce juiy data into the JURY+ Web Generation database. Joui•nal Technologies/JSI will help Foi�t Worth ci•eate sample source files. Jotu•nal Technologies/JSI will review ai�d test the sample files for accuracy. If any problems are identified, Journal Technologies/JSI will advise how to cori•ect the issues until "clean" files are created. Journal Technologies/JSI will be available to answer questions Fort Worth may have in ci•eating the files. Journal Technologies/JSI will create the Jui•oi• Master File, iising the data provided by Fort Worth and merging/purging records based on the local business rules. Joul•nal Technologies/JSI wiil send the data to National Change of Address (NCOA) for Address cleansing and updating. Journal Technologies/JSI will fully randomize the juror data and assign person ID numbers to the jurors. Journal Technologies/JSI will initially create test / training file(s) using actual Foi�t Worth data. Journal Technologies/JSI will load these files into the development / h�aining database. This database will be used foi• developing and configuring the development / training environment. Ultimately, this data after being fully developed and configured, becomes the tl•aining database. Once development is complete, Journal Technologies/JSI will create a pi•oduction Jiirol• Mastei• File using the data pl•ovided by the CoLll•t. Recoi•ds will be merge/pui•ged based on local business rules. When the final production files are created, Journal Technologies/JSI will insure that all configurations are moved to the production database and that the production inaster file is successfitlly loaded into the Prod�iction Database. City of Port Worth — Municipal Court Case Management System 24370945.21 Jottrnal Technologies, Ina Pro£essional Services Agreement Page 28 of 94 Rev. 2/2015 City Seccetary Contract No. Training 4. Implementation Testing and Acceptance Testing 5. Production Implementation 2. The live production start date will be agreed upon by the Fort Worth and Journal Technologies/JSI Project Managers. The legacy juiy system will remain fully operational and will continue to be in production until the fi�st new foi•ms are printed on the Journal Technologies/JSI system. Once the Journal Technologies/JSI fortns are printed, the legacy system will be used only to process the outstanding summons during the cut-over timefratne. At the end of the cut-over, the legacy system will be used for inquiry only. Once the Journal Technologies/JSI forms are printed, updates to the Journal Technologies/JSI-issued summons will be made in the NRY+ Web Gener•ation system. The live cutover to the new system will not be scheduled until trainiizg and Acceptance Test activities are complete. The Journal Technologies/JSI Data Services division will coordinate the timing of the data load into the production system. Journal Technologies/JSI will perform the installation of the JURY + applications on Fort Worth's "production" serveis. Journal Technologies/JSI will perform the installation of the Journal Technologies/JSI databases on Fort Worth's database server. Fort Worth will create and manage backup files of all applications and data. 1. Journal Technologies/JSI will conduct tt•aining of the Journal Technologies/JSI products at the client site using facilities provided by Fort Worth. 2. Journal Technologies/JSI will conduct training using the development / Training environment. 3. Journal Technologies/JSI will customize the training sessions based on the needs of the local staff. If certain staff inembeis are to be instt•ucted in job specific activities (and not the entire spectrum of end-user functions) specialized instruction will be designed. It is strongly recommended that core management or supervisoly staff participate in all training sessions in ordet• to be familiar with all the features and fitnctionality of the applications. They can obseive the strengths and weaknesses of their staff as training progresses. The trainer will work closely with the management group to insure successful training completion at all levels. 4. Journal Technologies/JSI will schedule the training coordinated with the Fort Woi�th schedules. If appropriate, the all-day training may be divided into separate morning and afternoon sessions. 1. Journal Technologies/JSI will support Fort Worth's acceptance testing effort. 2. Journal Technologies/JSI will t•esolve issues in a timely manner. 6. Journal Technologies/JSI will provide 24/7 on-call suppoi�t during Fort 24370945.21 Professional Services Agreement Rev. 2/2015 City of Fort Worth — Municipal Court Case Management System Journal Teclmologies, Inc. Page 29 of 94 City Secretary Contract No. Worth's implementation. 4. Fort Worth responsibilities durin� Jury Svstems implementation P►•oject Initiation & Controls Installation l. � 1. The Journal Technologies/JSI Project Managei• and Fort Worth Pi•oject Manager will work closely together to manage all aspects of this project. Each will manage the communication and assigned tasks of their respective teams. Fort Woi�th will provide all required hardware as refei•enced in attached Addendum 2 to the Statement of Work. Fort Worth will provide and be i•esponsible for comlectivity within the City network for all workstations and printeis. Fort Woi�th will insure that all connected worlcstations are given access to the on- site servers. Forms Development 1. Fort Woi�th, using Journal Technologies/JSI's assistance and subcontract vendor resources, will create the summons/questionnait•e forms and supplemental mailings as required. Integration Support Data Load Training The Foi•t Worth User Grotip will explain the ctu•rent business process and work with Journal Technologies/JSI to integrate the JURY+ products into the process Prepare Development / Ti•aining Environment 1. Fol•t Worth will provicle the required juiy load data files, documents or foi•ms needed to effectively test the applications in a woi•lc environmeilt. 2. Fort Woi•th Usei•s, with Journal Technologies/.i�I's assistance, will prepare test cases that are representative of iheir expected business process. 1. Foi•t Woi•th will provide copies of the TX Juror data soui•ce files. Foi•t Worth will provide additional files using the CDF400 recorc! layout and identified recoi•d types within the conveision data. 2. Initially, sample/test files will be sent. Once approved by Jotu•iial Technologies/JSI, the final, pi•oduction files will be sent. L Fort Worth will provide a training location, hardware and networlc resoiu•ces for the JURY+ YTreb Genei•atzo» and JURY+ T�eb Solutioi� training. A"data show" projector to assist the t�•ainei•'s woi•k with the pai•ticipants will be City of Fort Worth — Municipal Court Case Management System 2437094521 Journal Technologies, Inc. Professiona( Services Agreement Page 30 of 94 Rev. 2/2015 City Secretaiy Contract No. provided. Participants will have their own woi•kstation for full "hands on" work throughout the instruction. Printing capabilities will be available in the training t•oom to give each user full experience and training on the new equipment they will be using with the application. Implementation Testing and Acceptance Testing 1. The Fort Worth User Group will conduct testing that satisfies the Acceptance Criteria. 2. The test documents, forms, and data files will be used to exercise the test cases identified by the Fort Worth User Group. 3. As issues are identifed by either Fort Worth or Journal Technologies/JSI, they will be documented, prioritized, and tracked until resolved. Production Implementation 1. A live production date will be agi•eed upon by the Fort Worth and Journal Technologies/JSI Project Managers. The system applications will enter a period of Operational Acceptance and evaluation. During this time, the Fort Worth Project Manager will contact and advise the Journal Technologies/JSI Project Manager with any production issues that occur. Issues will be addressed, prioritized, and resolved. 2. The legacy jllry system will remain fully operaiional and will continue to be in production until the first new forms are printed on the Journal Technologies/JSI system. Once the Journai Technologies/JSI forms are printed, the legacy will be used only to process the outstanding summons during the cut-ovet•. At the end of the cut-over, the legacy system will be used for inquiry only. Once the Journal Technologies/JSI forms are printed, updates to the Journal Technologies/JSI issued summons will be made in the Journal Technologies/JSI system. No live cutover to the new system will be scheduled until all training and Acceptance Test activities are completed and a startup date agreed upon by the project teams at Journal Technologies/JSI and Fort Woi�th. Taslt 2: System Envir�onnzents Journal Technologies will set up Court's eCoui�t, JURY+ Web Gene��ation and JURY+ Web Solzctioi�, and eCourtPublic portal production and test environments. Hosted Enviromnent (development , production and test� • Journal Technologies will set-up the environment • Coui•t will ci•eate desktop eCourt icons or bookmarks foi• users Court will verify connectivity fi�om each desktop to hosted environment Tas/r 3: Br�siness Process Analysis Tr•aining Journal Technologies will provide business process analysis training for the Conrt Project Team in order to facilitate business process workflow analysis pursnant to determining confi�nration of the solution. This training will start with a demonstration of eCourt and City of Fort Worth — Municipal Court Case Management System Joumal Technologies, Inc. Page 31 of 94 24370945.21 Professional Services Agreement Rev. 2/2015 City Secreta�y Contract No. a coi•relation of current business work flow to eCourt fiinctionality. Taslc 4: Busrness Process Analysis Business Process Analysis will be conducted for each case type, and the specificationsh•equii•enlents/processes will be finalized before configuring the systems. As these are finalized, Journal Teclu�ologies will set eYpectations with Court ai•ound ilnpact to schedule; changes will be noted ii1 the Bi-Weekly Progress Report. As part of the Business Process Analysis Cotiu�t and Jotu•nal Technologies will define and agree upon acceptance tests and acceptance ci•itel•ia for all configuration items. Configtu•ation work will be based upoil the criteria agreed upon, for tliis reason config�uation work for an item or workflow cannot begin until this criteria has been defined and agreed upon. Configuration woi•k can begin for case types and workflows with ag7•eed Llpon criteria while Business Process Analysis continues on other case types and workflows. To ensure that necessary configurations have been addressed dw�ing the eCotu•t implementation, the Journal Technologies team will facilitate a Conference Room Pilot for each case type implemented in eCourt. Dnring a"Confei�ence Room Pilot" the Jo�u•nal Technologies teain and the Coui�'s help desk peisonnel demonstrate eCourt and review the configtti•ations that have taken place with selected end usei•s for each case type. These usets are i•esponsible to identify any processes or wot•kflows that have not been accounted for. Tnslr 5: GeneraC eCourt Confguratzorr Configuration of sci•eens, workflows, searches and 1•eports, etc., will be led by Journal Technologies with assistance fi•om the Court. Some additional infol•mation aboL�t workflow configui•ation is included in Addendum 1 to this Staiement of Worlc. As pai•t of the coilfiguration process Journal Technologies will install the baseline eCoul•t configuration. Joui•nal Teclmologies and the Coui•t will cooperate to compleie the following genei•al configui•ation tasks. 1) Directory • Journal Technologies will ti•ain the Coui•t on dii•ectory management • Journal Technologies wiil provide dii•ectory load spi•eadsheet (for j�idges, stafF, rooms, attorneys, officers, etc.) • Court will complete spi•eadsheet • Journal Technologies will replace the baseline system staff and Courtroo�n values with the Coui•t's dii•ectory values • Col�l•t will thei•eaftei• maintain its eCoul�t direcioi•y 2) Statute Table • Journal Technologies will train Court personnel on statute management • Journal Technologies will provide statute table spi•eadsheet to Court personnel • Coui•t will complete statute table spreadsheet City of Fort Worth — Municipal Court Case Management System 2437094521 Joumal Technologies, Inc. Professional Services Agreement Page 32 of 94 Rev. 2/2015 City Secretaiy Contract No. • Journai Technologies review statute table spreadsheet with Court, and Court will update as needed • Journal Technologies will replace the baseline system statutes with the Court's statutes • Court will thereafter maintain its statute table 3) Financials • Journal Technologies will train Court peisonnel on managing the financial tables and financial confguration options of eCourt • Court will provide chart of accounts and written breakdown of assessments • Journal Technologies will load chart of accounts • Court will configure assessments with assistance fi•om Journal Technologies • Journal Technologies will review financial reports with Court, and Journal Technologies will document changes • Journal Technologies will update financial reports • Court will thereafter maintain its financial confguration and reports 4) Securitv • Coui�t will identify the business process groups and roles required for system access • Court will define system permissions and security settings required for user access • Journal Technologies will create functional groups within eCourt • Journal Technologies will create necessary logins and groups in Active Directory • Court will create individual user accounts and map those to the group(s) required to provide network access for individuals. • Court will thereafter maintain the security configurations. Tas/r 6: Case Specifc and eCourt Worlrflow Coyzfiguration Journal Technologies will collaborate with the Court to configure eCourt for the case types listed below. The Traffic and Minor Offence case type process will be configured fist and will be used as a baseline for all other case types. 1) Traffc, minor offense processes • Court will provide as-is processes, and any to-be processes it may already have prepared, to Journal Technologies • Journal Technologies and Court will identify changes (the gap between baseline and Court's processes), and will determine if additional processes will be required; Journal Technologies will document flle changes • Jom•nal Technologies will determine time to make changes, and set expectations with Coui•t around impact to schedule • .Tonrnal Technologies and Court will review the Court's Courn�oom process: check-in / prosecutor / judge / minutes / check-out • Journal Technologies will document configuration requirements with Court's assistance • Court and Jourilal Technologies will agree upon acceptance tests and completion criteria City of Port Worth — Municipa) Court Case Management System 7ournal Technologies, Inc. Page 33 of 94 24370945.21 Professional Services Agreement Rev. 2/2015 City Secretaiy Contract No. • Jou1•nal Technologies will configure the Courtroom process and minutes • Jotu•nal Technologies will train Coui�t on loolcup lists • Court will provide lookup lists • Journal Technologies will load lookup lists • Joui•nal Technologies, with Court's assistance, will configure approved changes • Court will provide printer information, and Journal Technologies will plug printei•s into appropriate workflows • Court will unit test system • Court will create documentation and test scripts from approved test system with Journal Technologies' assistance — these will be used for production end user ti•aining program and change conti•ol progi•atn • Documents o CoLlrt will provide inventory of documents that are curi•ently used, including samples o Journal Technologies will h�ain Court in document configuration o Joul•nal Technologies and Coui•t �vill compare inventoiy of documents with those already configured o Court will review postcards o Jourilal Technologies and Coui•t will equally divide document coniiguration work, and configure accordingly • Repoi•ts and Searches o CoLu•t will provide inventoi•y of repoi•ts that ai•e currently used, including samples o Court will provide inventory of searches o Journal Technologies will 1•eview inventoiy of searches and reports o Journal Technologies will build reports and searches with Court's assistance • Usei• Ti•aining / User Acceptance o Joui•nal Technologies will h�ain Court tl•ainei•s in use of system o CoLu•t will perform User Acceptance Testing: Court pi�lls files and enters cases verifying the system meets the agceed upon acceptance criteria o Coui•t wi11 create the local ti•aining videos / end usei• doclunentation 2) Parking • Court will document and provide existing Parlcing processes, and any to-be processes it may already have prepared • Journal Technologies and Court will review processes • Journal Technologies, with Court's assistance, will document to be processes • Court and Journal Technologies will agree upon acceptance tests and completion criteria • Journal Technologies, with Court's assistance, will configure screens — Cotin�t begins to test • Jout•nal Technolo�ies, with Court's assistance, will configui•e basic worlcflows — Court tests base automation • Jotu•nal Technologies aud Coui•t will review/adjust config�u�ation • Coart will provide iilventoiy of documents, and compare with those already configured • Journal Tecllnologies and Coui•t will divide docmnent configiu�ation work, and configure accoi•dingly City of Fort Worth — Municipal Court Case Management System 24370945.21 Joumal Technologies, Inc. Professional Services Agreement Page 34 of 94 Rev. 2/2015 City Secretary Contract No. • Court wiil provide inventory of repot�ts and searches • Journal Technologies and Court will equally divide reports and searches configlu•ation work, and configure accordingly 3) School Attendance Court • Court will document existing School Attendance processes, and any to-be processes it may already have prepared • Journal Technologies and Court will t•eview processes • Journal Technologies, with Court's assistance, will document to be processes • Journal Technologies, with Coui�t's assistance, will configure screens — Court begins to test • Court and Journal Technologies will agree upon acceptance tests and completion criteria • Journal Technologies will configure basic workflows — Court tests base automation • Journal Technologies and Court will review/adjust configuration • Court will provide inventory of documents, and compare with those already configured • Journal Technologies and Court will divide document configuration work, and configure accordingly • Court will provide inventory of reports and searches • Journal Technologies and Court will equally divide repoi�ts and searches configuration work, and confgure accordingly 4) Teen Court • Court will document existing Teen Court processes, and any to-be processes it may already have prepared • Journal Technologies and Court will review processes • Journal Technologies, with Court's assistance, will document to be processes • Court and Journal Technologies will agree upon acceptance tests and completion criteria • Journal Technologies, with Court's assistance, will configure screens — Court begins to test • Journal Technologies, with Court's assistance, will configure basic workflows — Coui�t tests base automation • Journal Technologies and Coul•t will 1•eview/adjust configuration • Court wili provide inventory of documents, and compare with those already configured • Journal Technologies and Court will divide document configuration work, and configure accordingiy • Court will provide inventory of repot•ts and searches • Journal Technologies and Court will equally divide reports and searches configuration work, and configure accordingly 5) Specialty Hearin�s: Adminish�ative, Indig;ent, Property, Red Li h� t Appeals, Parking Appeals, Community Court • Court will document existing processes, and any to-be processes it may already have prepared • Journal Technologies and Court will review processes City of Fort Worth — Municipal Court Case Management System 2437094521 Joumal Technologies, Inc. Professionai Services Agreement Page 35 of 94 Rev. 2/2015 City Secretaiy Contract No. • Journal Technologies, with Court's assistance, will document to be processes • Court and Journal Technologies will agree npon acceptance tests and completion cl•iteria • Journal Technologies, with Court's assistance, will configure screens — Court begins to test • Journal Technologies, with Court's assistance, will configure basic workflows — Court tests base automation • Journal Technologies and Court will review/adjust configuration • Cotut will provide inventoiy of documents, and compai•e with those already configured • Joui•nal Technologies and Com-t will divide docuinent configuration woi•k, and configut•e accordingly • Court will provide inventoiy of reports and searches • Journal Technologies and Coui•t will equally divide repoi•ts and seai•ches configuration work, and configui•e accordingly 6) eConrtPnblic Portal: ePayments, eFilin�, Marshal Access • Journal Technologies will demonstrate the functionality to the Coui•t's pei•sonnel for evaluation. Court will provide Jourilal Technologies a set of written use cases that the Portal should support. Journal Technologies will provide Court a use case te�nplate (MS Woi•d) along with sample use cases. The format of the use case templates have been created in a mamlet• that streamlines the configLu�ation and testing of the functionality. • Jout•nal Technologies, with Court's assistance, will then implement the necessary Poi•tal configui•ations to support the use cases. This will inciude: o eCourt Mapping - Configure the communication settings between the Portal and eCourt. o Users/Roles - Setup Portal roles and entering CoLirt users into the system. o Navigatioil- Configure the site navigation accoi•di11g to user's i•ole. o Custom Theme - Apply a custom Court theme to the Portal. o Performance - Calibi•ate cache and bandwidth optimization settings. o Logging - Coniigui•e the pi•opel• auditing and logging settings. o SMTP - Coniigui•e up the SMTP and email settings. o Security - Configure the various permissions and role-based case access rules. o Financial - Configul•e the Poi•tal to woi•k with the Coui•t's selected payment gateway along with shopping cal•t settings, forms of payment accepted, etc. o Documents - Setup shared file storage location whei•e case docuinents al•e pulled froin eCourt (with proper permissions). o Case Summaries - Coilfigui•e the case headers and foldei• view infoi•mation to be displayed for users with the appropriate case access permissions. o Seai•ches - Configure the various case, party and calendai• searches. o Content — Court will provide Journal Technologies with appropriate, multilingual copy for sections such as FAQ, privacy statements, terms of se�vice, etc. Joui•nal Technologies will implement this content acl•oss the appropriate sections of the Poi•tal. Muitilingual support will be configui•ed by Jolirnal Technologies. • Once Journal Technologies completes the initial configuration, Coui•t will begin acceptance testing against the functionality defined in the uses cases. Issues will City of Fort Worth — Mw�icipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 36 of 94 Rev. 2/2015 City Seccetary Contract No. be reported to Joui•nal Technologies and the appropriate configuration changes will be made. • Journal Technologies will work with Court will ensure the appropriate level of ADA compliance for the Portal. • Court will conduct load and performance testing on the Portal servers. Journal Technologies will provide assistance as requested by the Coui�t's technical personnel. 7) Probation • Court will document existing processes, and any to-be processes it may already have prepared • Journal Technologies and Court to review processes • Journal Technologies, with Court's assistance, to document to be processes • Court and Journal Technologies will agree upon acceptance tests and completion criteria • Journal Technologies, with Court's assistance, will configure screens - probation begins to test • Journal Technologies, with Court's assistance, will configure workflows - probation tests automation • Journal Technologies and Court to review/adjust configuration • Court to provide inventory of documents, and compare with those already configured • Journal Technologies and Court to equally divide document configuration work, and configure accordingly • Court to provide inventory of reports and searches • Journal Technologies and Court will equally divide reports and searches conflguration work, and configure accordingly 8) Prosecution • Court to document existing processes, and any to-be processes it may already have prepai�ed • Journal Technologies and Court to review processes • Journal Technologies , with Court's assistance, to document to be processes • Court and Journal Technologies will agree upon acceptance tests and completion criteria • Journal Technologies, with Court's assistance, will configure screens - Prosecution begins to test • Journal Technologies, with Coui�t's assistance, will configure workflows - Prosectrtion tests automation • JoLu•nal Technologies and Court to review/adjust configuration • Court to provide inventory of documents, and compare with those already configur•ed • Jow•nal Technologies and Court to equally divide document configuration work, and configure accordingly • Court to pi•ovide inventoiy of reports and searches • Journal Technologies and Court will equally divide reports and searches configuration work, and configure accordingly City of Fort Worth — Mimicipal Court Case Management System Journal Technologies, Inc. Page 37 of 94 24370945.21 Professional Services Agreement Rev. 2/2015 City Secretary Contract No. 9) Collections • Court will document existing processes, and any to-be processes it may already have prepared • Journal Technologies and Court will review processes • Joui•nal Technologies will document to be processes with Court's assistance • Co�u•t and Jout•nal Technologies will agi•ee upon acceptance tests and completion critei•ia • Jotu•nal Technologies, with Coul•t's assistance, will configui•e screens — CoLirt begins to test • Joui•nal Technologies, with Court's assistance, will configure workflows — Court tests automation • Jotu•nal Technologies and Court will i•eview/adjust config�u�ation • Court will provide inventory of doculnents, and compare with those already configured • Jolli•nal Techilologies and Collrt will divide document configuration work, and configui•e accordingly • Coui•t will provide inventory of repoi•ts and searches • Jotu•nal Technologies and Court will equally divide i•eports and seai•ches configin�ation work, and configtu•e accordingly T�rs/i 7: Custom developmertt iter�2s Journal Technologies in partnership with and the Court, �vill convert data from the CourtView system and build intet-faces with the third party systems that are listed below. In support of the "not-to-exceed" pricing for the ctistom development items, the Court will assume an important partneiship role with Journal Technologies in the data conversion and in developing the interfaces. 1) Interfaces Journal Technologies will work with Co�u•t to develop automated data interfaces with other entiiies. The Court will be responsible to solicit participation with potential data exchange partners (hereafter called third parties) and define the parameters necessary for them to participate in a data exchange. Joiu•nal Technologies will woi•k with the Court to defne each intei-face including interface schedule and data schema and Journal will deliver operating interfaces. • Colirt will provide thii•d pai•ty syste�ns' file layout and specifications (t�•iggei•s, frequency, delivery �nethod, security protocols, etc.) • Court shall procure any necessary licenses that are required fi•om third parties to meet interface requirements. • For outbound interfaces from eCoiu•t to the foreign system, a file fi•om eCourt will be placed on a networlc foldei• in the hosted environment or in the foi•eign system's environment. The foi•eign syste�n will be responsible foc picking up and consuming the file. Foi• inbound intei•faces fi�om the foi•eign syste�n to eCout•t, the foreign system will place a iile on a netwol•k folder and eCoui•t will be i•esponsible foi• picking ap and consltming the file. The Coul�t is 1•esponsible for ei7slu•ing that eCourt has network rights to the intei•faces' netwoi•k foldei•s if they i•eside oirtside the hosted environment. City of Fort Worth — Municipal Court Case Management System 24370945.2 f Journal Technologies, Inc. Professional Services Agreement Page 38 of 94 Rev. 2/2015 City Secretary Contract No. • Conrt shail manage all communications and coordinate all activities with the owners of the foreign systems. This will include setting up appropriate permissions to access appropriate network foldet•s. • Court will provide access to third party systems test instances, and establish network access as needed between eCourt and third party systems • Journal Technologies will create requirements, including data mapping between third party system and eCoui•t, and incorporate specifications. • Court will review and approve requirements • Journal Technologies will build per requirements • Court will stage test cases in eCou��t configuration, as appropriate, and coordinate with third party systems for testing • Journal Technologies and Court will test interfaces If a third party is unable or unwilling to participate in an automated data exchange Journai Technologies will not be required to create that exchange. Pending agreement with third parties, the Interfaces to be delivei•ed are as follows: Inbound Interfaces: 1. TXDMV for Registered Owner Information 2. IVR System for Payment Processing 3. eCitation 4. Police Schedule Interface 5. GIS Outbound Interfaces: 1. External Collection Reporting 2. Regional Warrant Transmission 3. State Jail N-Dex Database 4. DPS Conviction Report 5. Police RMS (Tiburon citation data) 6. NISI. 7. Local Warrants 8. Parking Fine and Warrant Lookup 9. BuySpeed - Purchasing 10. City Financial System (Primarily General Ledger — ERP PeopleSoft 10/2014) 11. Electronic Docket and Display 12. eAccess Interface (assumption: this will be replaced by eCourtPublic) 13. eFiling Interface (assumption: this wili be replaced by eCo�u•tPublic) 14. Employee Fines 15. OMNI 16. OCA Report 17. LP Readers Inbound and Outbound: 1. Officer Subpoena 2. Western Union Quick Collect City of Fort Worth — Mwiicipal Court Case Management System Journal Technologies, Inc. Page 39 of 94 24370945.21 Professional Services Agreement Rev. 2/2015 City Secretary Contract No. 3. Western Union Speedpay 4. ePayment Interface (assumption: this will be replaced by eCout•tPublic) 2) Data Conversion: CourtView to eCout•t • All data will be conve►•ted from CourtView to eCourt. • Court will provide data conveision server and create the data conversion database environment that will receive the data to be converted � • Court will extract data to a common database system, SQL Server or CSV flat file(s), pl•ovide a listing of all tables and the database structure, and identify control cases • Journal Technologies will train Coul�t on applicable data mapping procedures, tools, and eCourt metadata structures. • Joui•nal Technologies and Cotu•t will map data elements, detei•mine default values as needed, detei•mine transformation and validation i•equil•ements • Joul•nal Technologies will convei•t data into eCoLirt target • Cou►•t will review case and accounting data and provide feedback / list of issues • Journal Teclulologies will update logic and rei•un (generally several iterations) • Journal Technologies and Court will maintain a post conversion checklist • Notes and othec fi�ee teYt data will be migrated to a notes field in eCourt • Data cleaning and data scrubbing are not included in the data conveision • Foi• financial data o111y balance forward will be convel�ted • FLlll ftnancial transaction history is not included in the data conversion. Financial transaction history can be converted into a notes �eld or as a snapshot of the data if desired. Taslr 8: Docirn2enl Ma�lagerrtent I»stall, Cosrfigarrntiofi antl Test: Consultant will set-up and test eCourt's document management features (these are in addition to the document template ct•eation taslcs above): 1) Document storage, i•etrieval and date/tiine stamping • Configure file storage on the test and production serveis • Coniigui•e the date/time stamping rule to apply date/time stainp on each page of a filed document 2) Scamling a Install Scan Now on desktops that have attached scannei•s b. Coniigure the workflow that will r��n the Scan Later batch scannii�g process against a netwoi•k foldei• a Co»iigure the workflow that will trigger the OCR capabilities 3) Signatures a. Obtain jpg copies of Lisers' signatui•es b. Attach the jpgs to the users' directory entries c. Configure the live signatut•e featui•e d. Confgure notary statnp workflow 4) Emai] Attachments a. Configlire the email widget to attach and send doctunents via email City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technologies, Ina Professional Services Agreement Page 40 of 94 Rev. 2/2015 City Secretary Contract No. b. Configure the email widget that will attach emails to cases 5) Retention a. Create the purge document business rule per Court requirements b. Coniigure the add and update document forms to include the document purge date per Court requirements, and/or a y/n purge record on the document record Document Management Implementation Completion Criteria: Useis with proper security can: a. Archive and retrieve a stored document fi•om eCourt b. Stamp their signatures on documents, and the signed documents will create a new signed version of the documents c. Use their finger, mouse or stylus to apply a live signature on documents per the court's requirements, and the signed documents will create a new signed veision of the documents d. Run the notaly stamp workflow on certain documents, resulting in a notarized document e. Email documents fi•om a case f. Attach documents fi•om Outlook to a case g. Archive and retrieve documents fi•om Outlook and Ofiice h. Scan documents with the Scan Now feature i. Use the Scan Later function successfully by placing the barcode coversheet on the documents, scan fi•om each production scanner to the network folder, and have the documents automatically attach to the eCourt Case file. j. Perform a full text search fi�om within an eCourt search form and see the expected results against pdf documents that are searchable pdf's. They will also be able to retrieve the documents that are discovered. k. Print documents from eCourt workflow to predefined network printers Taslr 9: Test Plan, Tools and Scrrpts With coordination fi•om Court, Journal Technologies will develop a testing plan and schedule to complete all tasks necessary for the testing the system. The testing plan and schedule shall be agceed upon by the Court and Jout•nal Technologies. Journal Technologies has designed and built grinder tests that will be performed against the baseline eCoul�t system. These test will demonstrate eCourYs sufficient operation under load of 80 users using i) case initiation, ii) payment of fines and fees, iii) calendaring, iv) courtroom minutes. During Business Process Analysis and Configuration, Journal Technologies will provide incremental configuz•ation builds with notes as ofien as eveiy two weeks, and Journal Technologies and Court will validate the configLu•ations and enhance the test scripts. With the completion of Task 7.1 — Interfaces and Task 7.2 — Data Convelsion, the Cotu•t, with Journal Techizologies' assistance, will conduct the following testing pliases pursuant to plans developed and jointly approved by the Court and Journal Technologies. o Unit testing will be performed as part of the configuration process o Iizterface/Integration testing will be performed as part of the interface/integration process City of Fort Worth — Mwiicipal Court Case Management System Journal Technologies, Inc. Page 41 of 94 24370945.21 Professional Services Agreement Rev. 2/2015 City Secretary Contract No. o Regression testing o Usei• Acceptance/System testing o Load/Grinder testing (i.e. stress and volume testing) o Perform installation acceptance testing to determine proper functionality. This inclLides tests to ensure that the software is accessible from the Cout�t's workstations. Taslr 10: Cutover Plat�, In�plenzentation Ti^nining nstd Deploymerlt • Journal Technologies will report and fully document the installed eCourt software, and all installeci software of Jury Systems Incorporated. In this report, Journal Technologies will address any special considerations Coui�t should be aware for subsequent tasks. This can include: data conti•ol, sectu•ity and audit procedures; archived historical data, current data ptuging and data entry criteria, scheduling, special quality assurance factois, configuratioil conh�ol requirements, and documeilt scanning. • Court will set up its Help Desk that includes techilical peisonnel and super users. • Court will determine the deployment schedule for each case type or groups of case types. • Court will create a deploylnent plan with Jolirnal Technologies' assistance. Foi• multiple deployments, the initial Pilot deployment plan will be modiiied to reflect lessons leat•ned. Prior to the go-live Collrt will indicate that the eCourt config�u•ations fulfill its requirements. • Final conve�sion and deployment will bring the system live in your production enviromnent. 3.5 Closing Phnse Project closing will begin at the conclusion of the implementation of all components of the solution and will require: 1. Acceptance of the system pursuant to the project Acceptance Test Plans. 2. Successfitl completion of all i•equii•ed administi•atoi• and end-usei• tl•aining. 3. Set-up of the intei•nal Coui•t help desk. Section 4 Responsibilities Ii1 addition to the responsibilities listed in the taslcs above, Journal Technologies and the Court will have the following general i•esponsibilities. 41 Joui�nal Technologies' Responsibilities Jotu•nal Technologies is responsible for the following, provided, fllat, where applicable, the tei•ms of tlie Pi•ofessional Sei•vices Agi•eeil�ent, fl1e attachments thereto, and other agreements between Journal Technologies and the Court may apply with respect to Journal Technologies' obligations below. 4.L1 Wor�lr E�aviroftme�tt Practices • Comply with safe work area practices as defined by Court, while on Site at Court locations. • Comply with Coui•t work place conduct guidelines, i•ules and pi•ocedures. 4.1.2 Project Mnttagente�tt City of Fort Worth — Mw�icipa( Court Case Management System 24370945.21 Joumal Technologies, Inc. Professional Services Agreement Page 42 of 94 Rev. 2/2015 City Secretary Contract No. • Ensure that participating Journal Technologies staff, contractors and subcontractois meet project delivery requirements, milestones and deadlines. Enstu�e that pet•sonnel have ample time, resources, and expertise to meet their respective tasks and responsibilities. This includes troubleshooting technical issues as they occur. 9.1.3 Itlte�face Access • Obtain written approval fi•om Court for the software solution to have access to information such as DNS, static and dynamic IP addresses. Journal Technologies will provide (prior to system implementation) to Court, in writing, the port information and IP addt•esses necessaiy for Court to access the Journal Technologies hosted environment. 4.1.4 Net►vorlrittg StabrCrty • Assist with connectivity testing to the Journal Technologies Host location, prior to implementation of the solution as a prerequisite to benchmark testing of Court Host location access stability. • Pi•ovide a network hub/router, if necessary, for all network connectivity at the Host location. 4. Z 5 Hardware/Software • If contracted by Court, provide a solution Host Server meeting both the current minimum hardware specifications for utilization of the solution as well as suitable for utilization based on expected data and user community growth over the next twelve (12) calendar months, for which Cour•t will provide the expected growth rate. 4.1. 6lnfr�rstructure • Provide a complete production ready solution, including infi•astructure at the Host location (if contracted), in working form and that has been tested, verified, and accepted by Court. 4.1. 7 Training • Provide training on eCourt functionality, as such functionality will actually be used within the Court's operating environment. Provide a training plan and schedule, including when training is to be conducted in relation to Court's "go-live" time frame. The training plan shall designate what training is to be conducted on-site and what training is to be conducted online or off- site. Travel expenses for Journal Technologies peisonnel who will be conducting h•aining on-site shall be included in the total cost of the fees and shall not be billed separately. The training plan and schedule shall be appt•oved by the Court. • Provide peisonnei reasoilably acceptable to the Court to conduct scheduled training of designated Coui�t systems adlninisti•ation and end-user personnel. Provide registration to the 2015 and 2016 Joui•nal Technologies Training Conferences for up to ten designated Court Systems Administ�•ators and end-user personnel at no additional cost to the Court. City of Fort Worth — Mmticipal Court Case Management System Journal Technologies, Inc. Page 43 of 94 24370945.21 Professional Services Agreement Rev. 2/2015 City Secretary Conh�act No. 9.1.8 Docurrrentatioit • Journal Technologies will provide documentation slifficient to understand the architectural and work flow processes of the Case Management System and all of its components, in both written and illustration depicted formats (hereafter "Resulting Documentation"). Journal Technologies will collaborate with Court in documenting the intended architectural state of the solution as it will be when implemented. 4.2 Court Responsibilities Court will pi•ovide and coordinate the following: 4.2.1 Project Ma�tagement • A project manager who will be the primary point of contact between Court and the Prime Contractoi• throughout the Project Phases. This individual will have the authoi•ity to act on behalf of Cotiu�t in ful�lling Court's commitments set forth in this SOW with approval of the Court. • Ensure that participating Court staff, contractoi•s and subconh•actors meet project delivery requirements, milestones and deadlines. • Court Project Sponsor (oi• other designated individual) has acceptance authoi•ity and will officially close out the implementation pr•ocess when participating organizations meettheir contractual obligations. <i.2.2 T1Yll.illitg • Provide the ti•aining facility and ol• Web confei•encing capability, and ensui•e that its pei•sonnel attend the training sessions. • Ensure that its attendees at administratoi• and user ti•aiiling have a working knowledge of their computei•s and operating system. • Provide the training facility and or Web confei•encing capability and ensure that its peisonnel attend the ti•aining sessions. • Ens�u•e that its attendees at administrator and usei• t��aining have a working lalowledge of their computers and operating system. 9.2.3lnterfaces an�lData Co�tversion • Assume a significant i•ole in developing the interfaces and in tlle data convel•sion activities. City of Fort Worth — Municipal Court Case Management System 24370945.21 Joumal Technologies, Inc. Professional Services Agreement Page 44 of 94 Rev. 2/2015 City Secretary Contract No. Addendum 1 to Statement of Worlc Business Process Workflow The Cow•t's Project Teams will provide the following information for inclusion in the Resulting Documentation as described in Section 4.1.8 of the Statement of Work. Workflow configuration incorporates business process information for each case type, including all existing business process workflow diagrams, timefi�ames, notices, approvals, alet-ts, etc. Fot• each workflow specify: ■ Triggering actions/events ■ Work queues For each time standat•d specify: ■ Triggering actions/events ■ Results of expiring ■ Participants ■ Priorities, deadlines, escalation procedures, etc. ■ Business rules ■ Cotnpletion criteria and resuits of completion ■ Results of expiring ■ How it is disabled The Resulting Documentation must contain (i) a first dt•aft of the unit and system test scripts that take into account departmental workflows and cross-departmental processes based on the scripts used to test Civil limited/unlimited and (ii) test data. City of Fort Worth — Municipal Court Case Management System Journal'I'echnologies, Ine. Page 45 of 94 24370945.21 Professionai Services Agreement Rev. 2/2015 City Secretary Contract No. Addendum 2 to Statement of Work Recommended Hardware and Software Requirements for Hosting Juiy Systems Incorporated's JURY+ Web Generation and JURY+ Web Solution (Version: 1.0.0) Web Server (public interaction component which resides on DMZ) Supported Opecating Systems: Windows 7 SP1, Windows 8, Windows 8.1, Windows Server 2003, Windows Seiver 2008 R2 SP1, Windows Server 2008 R2 SP2, Windows Servei• 2012 Hardware Requirements: • Pcocessors: Intel Dual Xeon Processors 3.0 GHz oi• faster. • RAM: 4GB minimum, 8 GB recommended • Windows Seiver 2008 R2 SP1 recommended minimum. • Hatd Drive: 7200 RPM hard drive or better. 40GB of available hard disk space • Connection Minimum: 100 megabits, Ethernet, CAT 5 Web Application Server (application servee which resides inside yow� VPN) This server• will communicate directly to the Database server. Suppo►•ted Opef•ating Systems: Windows 7 SPI, Windows 8, Windows 8.1, Windows Server 2003, Windows Server 2008 R2 SPI, Windows Server 2008 R2 SP2, Windows Seiver 2012 Hardware Requirements: • Processors: Intel Dual Xeon Processors 3.0 GHz or faster. • RAM: 8GB minimum, 16 GB recommended • Windows Server 2008 R2 SPl recommended minimum. • Hard Drive: 7200 RPM hard drive or better. 80GB of available hard disk space • Connection Minimum: 100 megabits, Ethernet, CAT 5 Su orted Browsei•s Browser Version Internet Explorer 8 and higher Firefox 10 and Chrome 10 and Safari 4 and t Comme�its Version 7 should wocic but �night have cucsoc issues when enllanced security is turned on. Version 6 does not worl< at all. City of Fort Worth — Municipal Court Case Management System 2437094521 Joumal Teclmologies, Inc. Professional Services Agreement Page 46 of 94 Rev. 2/20I5 City Secretary Contract No. EXHIBIT B PAYMENT SCHEDULE Exhibit B is attached and contains seven (7) pages. City of Fort Worth — Mw�icipal Court Case Management System Journal Technologies, Inc. Page 47 of 94 2437094521 Professional Services Agreement Rev. 2/2015 Exhibit [ ] - Payment Schedule Item Cost Payment Due Professional Services PS1 eCourt Implementation $ 200,000 Upon Acceptance of eCourt PS2 eCourt Conversion 75,000 Upon Acceptance of eCourt PS3 eCourt Interfaces 75,000 Upon Acceptance of eCourt PS4 eCourt Document Management 41,000 Upon Acceptance of eCourt Im lementation PS5 Legacy Document Conversion 15,000 Upon Acceptance of eCourt PS6 Jury Systems Implementation 18,000 Upon Acceptance of Jury Subtotal $ 424,000 Hosting (During Implementation) $ 76,309 At Project Kick-off Insurancel 11 First Year insurance $ 3,300 At Project Kick-off 12 Second Year Insurance 1,100 1 Year After Project Kick-off 13 Third Year Insurance 1,100 2 Years after Project Kick-off 14 Fourth Year Insurance 1,100 3 Years after Project Kick-off 15 Fifth Year Insurance 1,100 4 Years after Project Kick-off 16 Sixth Year Insurance 1,100 5 Years after Project Kick-off $ 8,800 Disaster Recovery Exercises2 D1 Year One $ 11,250 Prior to Go-Live D2 Year Three 11,250 Two Years after Go-Live D3 Year Five 11,250 Four Years after Go-Live $ 33,750 Payment Schedule Municipal Court Case Management System Sustain Technologies, Inc. 2/5/2015 1 of 7 Exhibit [ ] - Payment Schedule Item Cost Payment Due Third-Party Audit3 A1 Year One $ 22,500 Prior to Go-Live A2 Year Two 22,500 One Year After Go-Live A3 Year Three 22,500 Two Years after Go-Live A4 Year Four 22,500 Three Years after Go-Live A5 Year Five 22,500 Four Years After Go-Live $ 112,500 Software (Initial Payments) S1 eCourt License and Maintenance $ 145,050 Upon Acceptance of eCourt S2 Sustain Support 29,010 Upon Acceptance of eCourt S3 Jury Systems Licenses 77,420 Upon Acceptance ofJury S4 Jury Systems First year's Maintenance 17,166 Upon Acceptance ofJury Subtota) $ 268,646 Software (Second Year) 4 1st Anniversary of Acceptance of eCourt SY2-1 eCourt License and Maintenance 149,402 and aid annuall 5 29 880 1st Anniversary of Acceptance of eCourt SY2-2 Sustain 5upport and aid annuall SY2-3 Jury Maintenance 17,166 1st Anniversary of Acceptance of Jury and aid annuall Subtotal $ 196,448 Software (Third Year) SY3-1 eCourt License and Maintenance4 153,884 2nd Anniversary of Acceptance of eCourt and aid annuall SY3-2 Sustain Supports 30,777 2nd Anniversary of Acceptance of eCourt and aid annuall SY3-3 Jury Maintenance 17,166 2nd Anniversary of Acceptance of Jury and aid annuall Subtotal $ 201,827 Payment Schedule Municipal Court Case Management System Sustain Technologies, Inc. 2/5/2015 2 of 7 Exhibit [ ] - Payment Schedule Item Cost Payment Due Software (Fourth Year) 4 3rd Anniversary of Acceptance of eCourt SY4-1 eCourt License and Maintenance $ 158,500 and aid annuall SY4-2 Sustain Supports 31,700 3rd Anniversary of Acceptance of eCourt and aid annuall SY4-3 Jury Maintenance 17,166 3rd Anniversary of Acceptance of Jury and aid annuall Subtotal $ 207,366 Software (Fifth Year) 4 4th Anniversary of Acceptance of eCourt SYS-1 eCourt License and Maintenance $ 163,255 and aid annuall SY5-2 Sustain Supports 32,651 4th Anniversary of Acceptance of eCourt and aid annuall SY5-3 Jury Maintenance 17,166 4th Anniversary ofAcceptance ofJury and aid annuall Subtotal $ 213,072 Hosting (Year 1) Upon Activation of eCourt etc. Hosting H1-1 eCourt and eCourtPublic, with Warm Site $ 159�296 Site - and paid each quarter (four equal D/R at Tonaquint Data Center payments per year) 60 days in advance of Tonaquint term Subtotal $ 159,296 Hosting (Year 2) 1st Anniversary of Activation of eCourt eCourt and eCourtPublic, with Warm Site etc. Hosting Site - and paid each quarter H2-1 $ 159,296 D/R at Tonaquint Data Center (four equal payments per year) 60 days in advance of Tonaquint term Subtotal $ 159,296 Hosting (Year 3) 2nd Anniversary of Activation of eCourt eCourt and eCourtPublic, with Warm Site etc. Hosting Site - and paid each quarter H3-1 $ 159,296 D/R at Tonaquint Data Center (four equal payments per year) 60 days in advance of Tonaquint term Subtotal $ 159,296 Hosting (Year 4) Payment Schedule Municipal Court Case Management System Sustain Technologies, Inc. 2/5/2015 3 of 7 Exhibit [ ] - Payment Schedule Item Cost Payment Due 3rd Anniversary of Activation of eCourt eCourt and eCourtPublic with Warm Site etc. Hosting Site - and paid each quarter H4-1 ' $ 159,296 D/R at Tonaquint Data Center (four equal payments per year) 60 days in advance of Tonaquint term Subtotal $ 159,296 Hosting (Year 5) H5-1 (eCourt and eCourtPublic, with Warm Site I$ D/R at Tonaquint Data Center Subtotal Total — Five Years6 � 4th Anniversary of Activation of eCourt 159,296 etc. Hosting Site - and paid each quarter (four equal payments per year) 60 days in advance of Tonaquint term 159,296 $ 2,539,198 ' Additional insurance required by the City: Intellectual Property Infringement (estimated annual premium is $15,000 and must provide coverage for the duration of the contract and for two (2) years following completion of services provided, thus first year estimated cost is $45,000). 2 Per Exhibit J, Hosting Agreement, Section 8 3 Per Exhibit J, Hostinq Aqreement, Section 6 4 Cost increases after the first vear will be 3°/o per Exhibit F. Software License Aareement. 5 Cost increases after the first year will be 3% per Exhibit G, Annual Support Agreement. 6 Vendor and City Department shall abide by the City of Fort Worth purchasing processes & procedures with regard to invoicing and remittance of payment to the extent such processes and procedures are set forth in Section 3 of the Professional Services Aqreement. Payment Schedule Municipal Court Case Management System Sustain Technologies, Inc. 2/5/2015 4 of 7 Exhibit [ ] Payment Schedule eCourt Jury Item Q1 Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Q11 Q12 Q13 Q14 Q15 Q16 Q17 Q18 Q19 Q20 Q21 Q22 Q23 Q24 Additional Requesled by City License and Disaster Recovery Third Party Maintenance� Support� Services Hosting4 Insurances Exercisesfi Audit� Licenses Maintenance Services Total $ 9,745.00 $ 3,300.00 $ 13,045.00 <-- Configuration / Conversion / Interfaces / 9,245.00 9,245.00 InstallationTimeframe'--> 23,320.00 23,320.00 33,999.00 $ 11,250.00 $ 22,500.00 67,749.00 $ 36,262.50 $ 7,252.50 $ 406,000.00 39,824.00 1,100.00 490,439.00 36,262.50 7,252.50 39,824.00 $ 77,420.00 $ 17,166.00 $ 18,000.00 195,925.00 36,262.50 7,252.50 39,824.00 83,339.00 36,262.50 7,252.50 39,824.00 22,500.00 105,839.00 37,350.50 7,470.10 39,824.00 1,100.00 85,744.60 37,350.50 7,470.10 39,824.00 17,166.00 101,810.60 37,350.50 7,470.10 39,824.00 84,644.60 37,350.50 7,470.10 39,824.00 11,250.00 22,500.00 118,394.60 38,471.00 7,694.20 39,824.00 1,100.00 87,089.20 38,471.00 7,694.20 39,824.00 17,166.00 103,155.20 38,471.00 7,694.20 39,824.00 85,989.20 38,471.00 7,69420 39,824.00 22,500.00 108,489.20 39,625.00 7,925.00 39,824.00 1,100.00 88,474.00 39,625.00 7,925.00 39,824.00 17,166.00 104,540.00 39,625.00 7,925.00 39,824.00 87,374.00 39,625.00 7,925.00 39,824.00 11,250.00 22,500.00 121,124.00 40,813.75 8,162.75 39,824.00 1,100.00 89,900.50 40,813.75 8,162.75 39,824.00 17,166.00 105,966.50 40,813.75 8,162.75 39,824.00 88,800.50 40,813.75 8,162.75 39,824.00 88,800.50 $ 770,091.00 $ 154,018.20 $ 406,000.00 $ 872,789.00 $ 8,800.00 $ 33,750.00 $ 112,500.00 $ 77,420.00 $ 85,830.00 $ 18,000.00 $ 2,539,19820 ' Cost increases afler the first year will be 3% per the software license agreement and the support agreemenl Each amount set forth in Column C is a"quarieriy support fee" with respect lo the corresponding quarter for purposes of the Professional Services Agreement and Exhibit G attached thereto. 2 Vendor and Ciry Department shall abide by the City of Fort Worth purchasing processes & procedures wilh regard to invoicing and remittance of payment to the extent such processes and procedures are sel forih in Section 3 of the Professional Services Agreement. ' Assumes that the timeframe for the eCourt services (wnfiguration, training, data conversion, interfaces, elc.) will require one year, and lhat the jury system will follow lhe eCouri installation. This timeframe wi�l be determined by the project team upon commencemenl of the project pursuant to the Statement of Work. " Each amount set foRh in Column H is a"quarterly hosting fee" with respect lo the wrresponding quarter for purposes of the Professional Services Agreement. 5 This is the cost for the additional intellectual Properiy Infringemenl insurance required by the City For Jury Systems. The Inlelleclual Property infringement insurance required for Journal Technologies will be paid by Journal Technologies. The contract requires coverage for lwo (2) years following completion of services provided, thus first year cost is $3,300 ($1,100 x 3 years). Insurance rates typically are subject to annual increases, which are anticipated to be nominal; the City will be invoiced at cost. fi Per Exhibil J, Hosting Agreement, Section 8 Exhibit ( ] Payment Schedule ' Per Exhibit J, Hosting Agreemeni, Section 6 Estimated Tonaquint Payment Schedule City of Fort Worth Municipal Court as of 2/5/2015 Production eCourt App eCourt eCourtPublic 60 Days Backup Warm Site Server Database Database/App Storage D/R Setup Fees $ 500 Test eCourt App eCourt Server Database Q1" Q2 Q3 Q4 Q5 Q6 Q7 Q8 Q9 Q10 Q11 Q12 Q13 Q14 Q15 Q16 Q17 Q18 Q19 Q20 Q21 Q22 Q23 Q24 $ 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 6,105 $ 146,520 $ 2,301 2,301 2,301 2,301 2,301 2,301 2,301 2, 301 2,301 2,301 2,301 2, 301 2,301 2,301 2,301 2, 301 2, 301 2, 301 2,301 2,301 2,301 2,301 2,301 2,301 $ 55,224 eCourtPublic Database/App $ 839 839 839 839 839 839 839 839 839 839 839 839 839 839 839 839 839 839 839 839 839 839 839 839 $ 20,136 <-- eCourt Configuration / Installation Timeframe -a $ 6,963 $ 5,208 $ 1,404 6,963 5,208 1,404 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 6,963 5,208 1,404 6,825 $ 153,186 $ 114,576 $ 30,888 $ 136,500 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 10,179 $ 213,759 500 1,000 $ 2,000 Total $ 9,745 9,245 23, 320 33,999 39,824 39,824 39,824 39,824 39, 824 39, 824 39,824 39,824 39,824 39,824 39,824 39,824 39, 824 39,824 39, 824 39, 824 39, 824 39, 824 39, 824 39, 824 $ 872,789 ' The start date for the project has not yet been determined. This table is organized in three month segments per the City's request and will be updated pursuant to the project Statement of Work. City Secretary Contract No. EXHIBIT C DELIVERABLE ACCEPTANCE FORM Services Delivered: Delivei�able Ref. #: Deliverable Name: Unit Testing Completion Date: Deliverable Target Completion Date: Deliverable Actual Completion Date: Approval Date: Comments (if needed): Approved by Consultant: Signature: Printed Name: Title: Date: For Director Use Only Contracted Payment Amount: Adjustments, including penalties: Approved Payment Amount: Approved by City Department Director: Signature: Printed Name: Title: Date: City of Fort Worth — Municipal Court Case Management System 2437094521 Joumal Technologies, Inc. Professional Services Agreement Page 48 of 94 Rev. 2/2015 City Secretaiy Contract No. EXHIBIT D NETWORK ACCESS AGREEMENT 1. The Netrvork. The City owns and operates a computing environment and network (collectively the "Networlc"). Consultant wishes to access the City's network in order to provide a comprehensive municipal court Case Management System. In order to provide the necessaty support, Consultant needs access to the City's current Mtlnicipal Coui�t database environment, Active Directoiy, Internet, Intranet, and Virtual Private Network (VPN) if necessary. 2. Grant of Limited Access. Consultant is hereby granted a limited right of access to the City's Network for the sole purpose of providing a comprehensive municipal court Case Management System. Such access is gi•anted subject to the tei•ms and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulaiion D-7 (Blectronic Coinmunications Resoul•ce Use Policy), of which snch applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes hei•ein and are available upon request. 3. Networlc Credentials. The City will provide Consultant with Network Credentials consisting of �lser IDs and passwords unique to each individual i•equiring Network access on behalf of the ConsLlltant. Access rights will automatically expire one (1) year fi•om the date of this Agreement. If this access is being granted for purposes of completing sei•vices for the City pursuant to a separate conti•act, then this Agreement will expire at the compietion of the contracted services, or upon termination of the contracted sei•vices, whichever occurs iirst. This Agreement will be associated with the Services designated below. ❑ Services are being provided in accoi•dance with City Secretaiy Contract No. . ❑ Services ai•e being pi•ovided in accordance with City of Fort Worth Purchase Oi•dei• No. � Services are being provided in accoi•dance with the Agl•eement io which this Access A��eement is attached. ❑ No services ai•e being provided pursuant to this AgY•eement. 4. Renewal. At the end of the fiist year and each year thereafter, this Agreement may be renewed annually if the following conditions are met: 4.1 Contracted sei•vices have not been completed. 4.2 Conti•acted seivices have not been tei•ininated. 4.3 Within ihe thii•ty (30) days prior to the scheduled annual expii•ation of tl�is Agl•eement, the ConsL�ltant has pi•ovided the City with a cui•i•ent list of iis officers, agents, servants, employees or representatives requiring Network credentials. Notwithstailding the schedLiled contract expiration or the status of completion of services, Consultant shall provide the City with a current list of officers, agents, sei•vants, employees oi• repi•esentatives that require Network credentials on an aiuzual basis. Failure to adhere to this rec�uirement may result in denial of access to the Networlc and/or termination of this Agreement. 5. Networlc Restrictions. Consultant officers, agents, servauts, employees or representatives may not shai•e the City-assigned user IDs and passwoi•ds. Consultant acknowledges, agi•ees and hereby gives its authorization to the City to moilitor Consnitant's use of the City's Network in order to ensure Consultant's colnpliance with this Agl•eement. A breach by Consultailt, its officei•s, agents, servants, employees or i•epresentatives, of'this Agi•eement and any other wi•itten insti•uctions or guidelines that the City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technoiogies, Inc. Professional Services Agreement Page 49 of 94 Rev. 2/2015 City Secretary Contract No. City provides to Consultant pursuant to this Agreement shall be grounds for the City immediately to deny Consultant access to the Network and Consultant's Data, terminate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 5.1 Notice to Consultant Personnel — For purposes of this Section 5.1, Consultant Personnel shall include all officers, agents, servants, employees, or representatives of Consultant. Consultant shall be responsible for specifically notifying all Consultant Peisonnel who will provide services to the City under this agreement of the following City requirements and restrictions regarding access to the City's Network: (a) (b) (c) (d) (e) �� �g) (h) Consultant shall be responsible for any City-owned equipment assigned to Consultant Personnel, and will immediately repot•t the loss or theft of such equipment to the City Consultant, and/or Consultant Personnel, shall be prohibited fi•om connecting peisonally- owned computer equipment to the City's Network Consultant Personnel shall protect City-issued passwords and shall not allow any third party to utilize their password and/or user ID to gain access to the City's Network Consultant Personnel shall not engage in prohibited or inappropriate use of Elech•onic Communications Resources as described in the City's Administrative Regulation D7 Any document created by Consultant Personnel in accot•dance with this Agreement is considered the propei-ty of the City and is subject to applicable state regulations regarding public information Consultant Personnel shall not copy or duplicate electronic information for use on any non-City computer except as necessary to provide services pursuant to this Agreement All network activity may be monitored for any reason deemed necessary by the City A Network user ID may be deactivated when the responsibilities of the Consultant Personnel no longer t•equire Network access 6. Termination. In addition to the other rights of termination set forth herein, the City may terminate this Agreement at any time and for any reason with or without notice, and without penalty to the City. Upon termination of this Agreement, Consultant agrees to remove entirely any client or communications softwa►•e provided by the City from all computing equipment used and owned by the Consultant, its officers, agents, servants, employees and/or representatives to access the City's Network. 7. Information Security. Consultant agrees to make evely reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City fi�om unauthorized disclosure and use. Consultant agrees to notify the City immediately upon discovery of a breach or threat of breach which could compromise the integrity of the City's Network, inchtding but not limited to, theft of Consultant-owned equipment that contains City-provided access software, termination or resignation of ofiicers, agents, servants, employees or representatives with access to City- provided Network credentials, and unauthorized use or sharing of Network credentials. [Signature Page Follows] City of Fort Worth — Mw�icipal Court Case Management System Joumal Technologies, Inc. Page 50 of 94 24370945.21 Professional Services Agreement Rev. 2/2015 City Secretary Contract No. ACCEPTED AND AGRE�D: CITY OF FORT WORTH: By: �4 �a� Rudy Jac n Acting Assistant City Manager Date: 3 • � - l S _,, ;.T,��,� JOURNAL TECHNOLOGIES, INC.: By; � � Jon M. ek Chief Operating Officer � Date: � — � `1 '� l` > J .o, s�-�, � �� � � ATTEST: / ,9„ ry�n0000vo.�,�opop ry�,e � � � � °� otl'� /� / d y n u e.• By• � X.� � �5 �,' � � ���� � - �. � v APPROV�D AS TgI'ORM � . . �� Assistant ����CS�� ������ �I`Y'�� �i��6��°°�'f�l�� ��� �����it`�g �ea City of Fort Worth — M�micipal Court Case Management Systetn Journal Technologies, Inc. Page 51 of 94 ATTEST: � � , — �;� Nalne: �! I � ��> Title: dt��,�f��,�-f s-�������,��� f� 2437094521 ProFessional Services Agreement Rev. 2/2015 City Secreta►•y Contract No. EXHIBIT E VERIFICATION OF SIGNATURE AUTHORITY Full Legal Name of Consultant: Journal Technologies, Inc. Legal Address: 915 East Fiist Street, Los Angeles, CA 90012 Sei•vices to be provided: Comprehensive municipal court Case Management System Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authoi•ity to legally bind Consultant and to execute any agreement, amendment or change order on behalf of Consultant. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Consultant. The City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Consultant. Consultant will submit an updated Foim within ten (10) business days if there are any changes to the signatory authority. The City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by the Consultant. Name: K� �� K��-� h �� S�� -� Position: %�s� � � S�'"�"� �� �� � � /�- � --� . Sig�ature �'" / � 2. Name: Position: Signature Name: Position: Signature Name: Signatur f President / EO Other Title: �UG` Date: �'��> - is _ City of Port Worth — Municipal Court Case Management Systetn 2437094521 Journal Technologies, Inc. Professional Services Agreement Page 52 of 94 Rev. 2/2015 City SecreYary Contract No. EXHIBIT F JOURNAL TECHNOLOGIES SOFTWARE LICENSE AGREEMENT THIS SOFTWARE LICENSE AGREEMENT (this "Agreement") is made as of , 2015 (the "Effective Date") by and between Journal Technologies, Inc., a corporation organized under the Iaws of the State of Utah (hereinafter "Licensor"), and City of Fort Worth, Texas, a home-rule municipality ol•ganized undei• the laws of the state of Texas (hei•einafter "Licensee"). In consideration of the i•epresentations and agreements contained herein, the par•ties hereby covenant and agree as follows: DEFINITIONS 1.1 Acceptance means written aclalowledgment by Licensee that a pal�ticular portion of the Licensed Softwat•e pt•ovided by Licensoi• performs in accoi•dance with and conforms to the applicable Acceptance Criteria; provided, however, that whenever Acceptance is required herein, it shall conclusively be deemed to have been given by Licensee if it has not provided written notice to Licensor, in the manner and within the time period set forth in Section 3.1 (Acceptance Testing), that the portion of the Licensed Softwal•e fails to meet the applicable Acceptance Criteria. 1.2 Acceptance Criteria means such set of tests and pi•otocols that Licensor and Licensee may mutually develop fi•om time to time heretiinder, for the purpose of determining whether a particular pol•tion of the Licensed Softwai•e pei•forms in accordance with the applicable Specifications. 1.3 Bug Fixes means those services pi•ovided by Licensor to Licensee pui•suant to Section 4.2 (`Bug Fixes") of this Agi•eement. 1.4 Documentation inclucles usei• and technical manuals and publications which facilitate the use of and t•elate to the Licensed Softwai•e, together with any written pl•oduct information, insti•uctions, Specifications or use guidelines made available by Licensoi•. 1.5 Licensed Softwai�e means the propi•ietaiy computer softwai•e progi•ams genei•ally referred to by Licensoi• as eCoul•t, together with all related Documentation. The Licensed Software specifically does not, however, illclude components sLleh as any database management system or other third party software or hardware required to operate the Licensed Software effectively. 1.6 License Fees means the annual fees to be paid pur•suant to Section 2.2.2 (License Fees) by Licensee to Licensor in advance for the license of the Licensed Software licensed heretuider. 1.7 Maintenance means enhancements, upgrades and new releases of the Licensed Software, which includes only those additions and/oi• modifications to the Licensed Software which (A) enhance fiinctionality and/or pei•formance without fundamentally altei•ing the nattili•e oi• manner in which the Licensed Software opei•ates, and (B) are made generally available without additional or increased cl�arges to other persons entitled to receive maintenance from Licensor. City of Fort Worth — Municipal Court Case Management System 24370945.21 Joumal Technologies, Inc. Professional Services Agreement Page 53 of 94 Rev. 2/2015 City Secretary Contract No. 1.8 Services Contract means that certain Professional Sei•vices Agreement between Licensor and Licensee, of even date herewith. 1.9 Speciiications means the published functionalities of the Licensed Software, or such other specifications as may be described in a statement of work pursuant to the Services Contract or that are otherwise mutually agreed upon by Licensor and Licensee. 1.10 Use or Using means (i) transferring any portion of the Licensed Software fi�om storage units or media into computer or terminal equipment for utilization or processing; (ii) accessing any portion of the Licensed Software for any purpose (including, without limitation, viewing information already in the Licensed Software); or (iii) merging any Licensed Software in machine readable form into another program; provided, however, that Use or Using does not include granting a consultant or other third party access to the Licensed Software for purposes of programming against it. 1.11 User means (a) any individual person, computer terminal or computer system (including, without limitation, any workstation, pc/cpu, laptop and wireless or network node) that has been authorized by the Licensee (through a username and password) to use the Licensed Software or (b) any other non-court govermnent employees and contractors who are performing theit• jobs, or a computer terminal or computer system used by such a person, or (c) any individual person who is a membel• of the general public (including litigants and their attorneys, reporters and interested citizens, but not govermnent employees or conti•actors who are performing their jobs), or a computer terminal or computer system used by such a person, accessing the Licensed Software at any given time for any reason (including to file documents electronically or to view information ah�eady in or accessible through the Licensed Software). 2. LICENSE 2.1 Grant of License. Upon commencement of the License Term, Licensor grants to Licensee and Licensee hereby accepts from Licensor a non-exclusive, non-transferable, personal license to install and Use the Licensed Software; provided, however, that Licensee's rights with respect to the Licensed Software are at all times and in ali respects subject to the terms and conditions of this Agreement. Licensee's authorized Useis may Use the Licensed Software only during the License Tet•m and only so long as Licensee has paid the required License Fees and is not otherwise in default under this Agreement. The Licensed Software is the proprietat•y information and a trade secret of Licensor and this Agreement grants Licensee no title or rights of ownership in the Licensed Software. 2.2 License Term and License F 2.2.1 License Term. The License Term shall commence on the later to occur of (i) the date of Acceptance by Licensee of the Licensed Softwai•e or (ii) the i•eceipt by Licensor of the applicable License Fees fi•om Licensee, at which time Licensor shall provide Licensee with the requisite license file. The License Term shall continue for five (5) yeai•s following such date, subject to the right of Licensee to renew the License Term as provided herein (the "License Term"). The License Fees for each year of the License Term shall incl•ease by tht•ee percent (3%) ovei• the License Fees for the previous yeat� of the License Tei•m. Licensee may renew the License Term for additional one (1) year pel•iods upon written notice to Licensoi•, given not less than sixty (60) days prior to the end of the then-curi•ent License Term. 2.22 License Fees. Licensee shall make payment of the License Fees to Licensor, at the rate currently calculated at $145,050 for the first year of the License Term (based upon 150 Users of the type identified in Section 1.11(a) above, plus the right to have unlimited Use�s of the type defined in Section 1.11(b) and (c) above, as calculated pursuant to Appendix A to this Exhibit F), subject to City of Fort Worth — Mwlicipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 54 of 94 Rev. 2/2015 City Seccetai•y Contract No. adjustment based upon the actual numbei• of Users of the type defined in Section 1.11(a) and pursuant to Section 2.2.1, in advance of the applicable quarter of the License Term; provided that the License Fees for the iirst quartei• must be paid pi•ior to the time at which the Licensed Software is taken into production because the license granted pursuant to this Agreement shall not be effective until such License Fees are paid and the Licensed Software has been Accepted. Invoices shall be issued and payments s11a11 be made in accordance with Section 3 of the Pt•ofessional Services Agreement. If Licensee desires to increase the number of Users of the type defined in Section 1.11(a), Licensee shall give notice to Licensor, which shall be promptly followed by payment, not latei� than 10 business days, reflecting the increased License Fees (for the type of User defined in Section l. l l(a) and the corresponding amount of increased License Fees for the type of User defined in Section l.11(b) and (c)), calculated according to Licensee's then-current i•ates. 2.2.3 Licensee may also reduce the numbei• of Users of the type defined in Section 1.11(a) and/or eliminate the unlimited Use by Users of the type defined in Section 1.11(b) and/or (c), and the commensurate fee payable, but only by written notice given at least sixty (60) days befol•e the next almiveisaiy of the Effective Date. 2.2.4 Certain Specific Limitations. Licensee shall not, and shall not permit any User or other parry to, (a) copy or otherwise i•epi•oduce, reverse engiizeer or decompile all or any part of the Licensed Software, (b) make alterations to or modify the Licensed Softwai•e, (c) grant sublicenses, leases or other rights in or to the Licensed Software, or (d) pei•mit any party access to the Licensed Softwai•e foi• purposes of programming against it. 2.3 Testing Disaster Recovery and Interface Development License. Licensee shall be entitled to use the Licensed Software in (a) Licensee's pi•oduction system for customary remote disastei• 1•ecovery ptu�poses ("Disaster Recoveiy System"), and (b) in Licensee's production system to be used exclusively in a non-production envii•otunent and solely for the pui•poses of experimenting and testing the Licensed Software, developing integi•ations between the Licensed Software and other applications that integ►•ate to the Licensed Software solely using integi•ation modules of the Licensed Softwai•e licensed by Licensee under this Agreement, and training Licensee's employees on the Licensed Software ("Test Systems"). Licensor reserves the i•ight to furthet� define tlle pei•mitted use(s) and/or restrict the use(s) of the Test Systems. LICENSOR MAKES NO WARRANTIES WITH RESPECT TO ANY LICENSED SOFTWARE USED IN ANY NON-PRODUCTION SYSTEM AND PROVIDES THE LICENSED SOFTWARE "AS IS." Licensee's sole recourse in the event of any dissatisfaction with any Licensed Software used in any non-production system is to stop using such Licensed Software and return it to Licensor. 2.4 Up cg ading License. 2.4.1 From time to time Licensor may make "beta" copies of prospective new ve�sions of the Licensed Software or of potelltial new Jol�rnal Technologies software modules ("Beta Software") available for Licensee's use in the Test Systems; and Licensee may elect to license and use the Beta Softwai•e in the Test Systems. LICENSEE ACKNOWLEDGES AND tTNDERSTANDS THAT ANY BETA SOFTWARE IS A PRE-RELEASE VERSION ONLY, MAY BE STILL UNDERGOING TESTING AT LICENSOR AND IS NOT A LICENSOR COMMERCIALLY RELEASED PRODUCT. Except foi• the provisions of Sections 4.3, 5.1, 5.2, 5.3, 5.4, and 5.5 of this Agi•eement, which shall not apply with respect to any Beta Software, Licensee acknowledges and agi•ees that all Beta Software delivered in accordance with this paragl•apl� shall be considered to be "Licensed Software" for all purposes of tl�is Agceeinent. Notwithstanding anything to the contrary, as to any Beta Softwal•e, this Agreement and the limited license granted hereby will terminate on the earliest of: (1) ten (10) days after City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 55 of 94 Rev. 2/2015 City Secretary Contract No. the date of delivery by either party to the other party of written notice of termination of the beta testing period for such Beta Software; or (2) the date of Licensor's commercial release of the final version of such Beta Software for licensing to its end users generaily. Upon expiration or other termination of such period, Licensee immediately shall discontinue any and all of use of the Beta Software and related documentation and remove or permit Licensor to deactivate the Beta Software. The expiration or termination of this Agreement as to any Beta Software shall not affect the continuation of this Agreemeizt as to any other Software that has been licensed and is in use by Licensee in accordance with the terms of this Agreement. 2.4.2 From time to time Licensee tnay eiect to evaluate certain Licensor software modules that it has not licensed and does not currently use in its production environment ("Evaluation Software"), for the purpose of determining whether or not to purchase a production license of such Evaluation Software. Evaluation Software is licensed for Licensee's use in Licensee's Test Systems. Except for the provisions of Sections 4.3, 5.1, 5.2, 53, 5.4, and 5.5 of this Agreement, which shall not apply with respect to any Evaluation Software, Licensee acknowledges and agrees that all Evaluation Software delivered in accordance with this paragraph shall be considered to be "Licensed Software" for ali purposes of this Agreement. Notwithstanding anything to the contrary, as to any Evaluation Software, this Agreement and the limited license granted hereby will terminate on the earliest of: (1) thirty (30) days after the date such Evaluation Software is activated for use in Licensee's Test Systems; or (2) immediately upon the deliveiy of written notice to such effect by Licensor to Licensee. Upon expiration or other termination of such period, Licensee immediately shall either (a) discontinue any and all of use of the Evaluation Software and related documentation and remove or permit Licensor to deactivate the Evaluation Software; or (b) deliver payment in full of the Licensed Software license fees that have been agreed upon for such Licensed Software to Licensor and confirm in writing to Licensor that such Evaluation Software is added as additional Licensed Software licensed for Licensee's use in its production environment and (other permitted environments) under this Agreement. The termination of this Agreement as to any Evaluation Software shall not affect the continuation of this Agreement as to any other Licensed Software that has been licensed and is in use by Licensee in accordance with the terms of this Agreement. 2.4.3 Upon expiration ot• other termination of any period of use of any Beta Software or of any Evaluation Software that Licensee elects not to purchase a license to for use in Licensee's production environment under this Agreement, Licensee agrees that it will provide to Licensor remote access to Licensee's systems on which such Beta Software or such Evaluation Software is installed for the limited pui•pose of permitting Licensor to deactivate such Beta Software or such Evaluation Software. ACCEPTANCE 3.1 Acceptance Testing. Licensee will be solely responsible for the final acceptance testing of each portion of the Licensed Software. Upon notice fi•om Licensor that a pot�tion of the Licensed Software is ready foz• testing, Licensee shall commence acceptance testing of the same. Licensee shall have thirty (30) days fi•om the date of Licensor's notice to examine and test the portion of the Licensed Softwai�e, to determine whether it conforms to the relevant Acceptance Crite3•ia. Witl�in that review period, Licensee shall provide Licensor (in the mamiel• required generally for notice) with Acceptance of the portion of the Licensed Software, or a written statement of errois to be corrected. 3.2 Corrections. When a portion of the Licensed Software has not been given Acceptance because an error or deficiency was found and Licensee has provided Licensor with a statement of errors, Licensoi• shall as promptly as practicable correct the identified ei•rors or deficiencies and redeliver the portion of the Licensed Software in question to the Licensee, giving Licensee notice thereof. Licensee City of Fort Worth — Municipal Court Case Management System 2437094521 Journal Technologies, Inc. Professional Services Agreement Page 56 of 94 Rev. 2/2015 City Secretary Contract No. shall then, within fifteen (15) days, repeat any necessary testing and provide Licensoi• with Acceptance oi• a fui�ther writien statement of errors. MAINTENANCE, BUG FIXES AND HELP DESIC SUPPORT 4.1 Maintenance. Maintenance will be provided for the Licensed Software provided that Licensee has paid the applicable License Fees, and subject to all of'the terms and conditions of the license granted to Licensee herein. 4.2 Bu� Fixes. After Acceptance, Licensee may request Bug Fixes to be provided by Licensor, which shall coinprise coi•rection of erroi•s and deficiencies that may occtu� in the Licensed Software that cause the Licensed Software not to fiinction in conformance with the Specifications. 4.3 Help Desk Snp�ol�t. Help desk support shall be procui•ed pursuant to the Exhibit G to the Professional Services Agreement. WAR.RANTY 5.1 Licensed Software Warranty. Licensor warrants that the Licensed Software will perform as it was Accepted in all material respects du►•ing the License Term. Notwithstanding the foregoing, this warranty shall not apply and Licensor will incur no liability whatsoever if there is or has been (a) the use of any non-ctu•►•ent veision of the Licensed Software, (b) the combination of the Licensed Software with any othei• softwai•e not recommended, provided or atirthorized by Licensor, (c) modification of the Licensed Softwal•e not made by Licensor, or (d) any use of the Licensed Software in breach of this Ageeement. 5.2 Wai•►•antv of Law. Licensor i•epi•esents and warrants that to the best of Licensor's knowledge: (i) there is no claim, litigation oi• pi•oceeding pending or threatened against Licensor with respect to the Licensed Software or any component thereof alleging infi•ingement of any patent or copyright or any tt•ade secret or any pi•opi•ietaiy 1•ight of any pei•son; (ii) the Licensed Softwat•e complies in all material respects with applicable laws, rules and i•egLilations; (iii) Licensor has filll authority to enter into this Agreement and to consummate the transactions contemplated hereby; and (iv) this Agreement is not prohibited by any other agl•eement to which Licensor is a party oi• by which it inay be bound (the "Legal Warranty"). In the event of a breach of the Legal Wat•i•anty, Licensor shall indemnify and hold harinless Licensee from and against any and all harm, injiu•y, damages, costs, losses, liabilities, settlement amounts and expenses, including i•easonable attoi•neys' fees and expei�ses, incui•i•ed by Licensee arising out of said breach. 5.3 Warranty of Title. Licensor further warrants that (i) it has good title to the Licensed Software; (ii) it has the absolute right to license the Liceilsed Software; (iii) as long as Licensee is not in matei•ial defauli hereunder, Licensee s11a11 quietly and peacefully possess and Use the Licensed Software provided hereundei• subject io and in accoi•dance with the pl•ovisions of this Agreement; and (iv) Licensor shall be cesponsible for and have full authority to license all proprietary and/or third party software modules, algorithms and protocols that are incorporated into the Licensed Software (the "Title Wari�anty"). In the event of a bi•each of the Title Warranty, Licensoi• shall indemnify and hold harmless Licensee fi�om and against any and all llarm, injm•y, damages, costs, losses, liabilities, settlement amoLints and expenses, including reasonable attorneys' fees and expenses, iizcui•i•ed by Licensee ai•ising out of said breach. 5.4 Effect of Breach of Wai•rantv. If, at any time during the License Term, the Licensed Softwai•e fails to pei•form according to any warranty of Licensol• tu�dei• this Section 5(Warranty), City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 57 of 94 Rev. 2/2015 City Secretaiy Contract No. Licensee shall promptly notify Licensor in writing of such alleged nonconformance, and Licensor shall provide Bug Fixes subject to the limitations contained in Section 4.2 (Bug Fixes), but only so long as the alleged nonconformance is not caused by an act of Licensee or any third party not under the control of or authorized by Licensor. After the Bug Fixes have been performed, if any such non-perfot•mance tnaterially impairs the ability of Licensee to utilize the Licensed Software, Licensee shall have the r•ight, on thirty (30) days' notice, to terminate the license and this Agreement (with a credit for License Fees paid for the period in which utilization was materially impaired). 5.5 Warranty of Non-Infi•in e� ment• Licensor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against the Licensee for infi�ingement of any patent, copyright, trade secret, or similar property right arising fi�om Licensee's use of the Licensed Software and/ot• Documentation in accordance with this Agreement. Licensor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Licensee shall have the right to fully participate in any and all such settlement, negotiation, or lawsuit as necessaly to pt•otect the Licensee's interest, and Licensee agrees to cooperate with Licensor in doing so. Licensee agrees to give Licensor timely written notice of any such claim or action, with copies of all papers Licensee may receive relating thereto. If the Licensed Software and/or Documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Licensor shall, at its own expense and as Licensee's remedy, either: (a) procure for Licensee the right to continue to use the Licensed Software and/or pocumentation; or (b) modify the Licensed Software and/or pocumentation to make it non-infi•inging, provided that such modification does not materially adversely affect Licensee's authorized use of the Licensed Software and/or pocumentation; or (c) replace the Licensed Software and/or pocumentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to Licensee; or (d) if none of the foregoing alternatives is reasonably available to Licensor, Licensee may terminate this Agreement, and shall be entitled to an Equitable Refund (as defined below). "Equitable Refund" shall mean a pro rata refund of any quarterly fees paid in advance by the Licensee to the extent that quarterly fees relate to infi•inging Licensed Software and/or pocumentation, or pal�t thereof, which refund shall be pro rata based on the amount of time remaining in the quarter to which such quarterly fees relate. A sample calculation of an Equitable Refund is attached as Almex 2 to the Professional Services Agreement. For the avoidance of doubt, to the extent Licensee has received an Equitable Refund of fees for infi•inging Deliverable(s) as set forth in Section 8 of the Professional Services Agreement, such fees shali not be subject to refund pursuant to this Exhibit F. Subsequent to any such termination, Licensee may seek any and all remedies available to it under law other than indirect, special or consequential damages. 5.6 No Other Warranties. THE WARRANTIES AND REPRESENTATIONS STATED WITHIN THIS AGREEMENT ARE EXCLUSIVE, AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATIONS ON LIABILITY 6.1 Limitations on Liabilitv. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANTICIPATED PROFITS IN CONNECTION WITH OR ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT. FURTHERMORE, iN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT OF LICENSE FEES ACTUALLY RECEIVED BY LICENSOR UNDER THIS AGREEMENT; PROVIDED THAT THE LIMITATION iN THIS SENTENCE SHALL NOT APPLY TO LICENSOR'S 1NDEMNIFICATION OBLIGATIONS UNDER SECTION 5.2 (WARRANTY OF LAW) OR SECTION 5.3 (WARRANTY OF TITLE) OR 5.5 City of Fort Worth — Municipal Court Case Management System 2437094521 Journal Technologies, Ina Professional Services Agreement Page 58 of 94 Rev. 2/2015 City Secretaiy Contract No. (WARRANTY OF NON-INFRINGEMENT), OR IN THE EVENT OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY LICENSOR. 7. CONFIDENTIALITY 7.1 Licensee's Responsibilities. Licensee hereby agi•ees that (a) the Licensed Software and other materials t•eceived from Licensor under this Agreement is the confidential and proprietary information of Licensor, (b) to the eYtent permitted by law, Licensee shall take all reasonable and necessary steps to protect and ensui•e the conftdentiality of the Licensed Software and other materials, and (c) except as permitted by the terms of Section 2.1 (Gr•ant of License), and to the extent permitted by law, neither the Licensed Software nor any of the other materials shall be in any way disclosed by Licensee to any third party, in whole or in part, withoLit the pl•ior written consent of Licensor, which may be gi•anted oi• withheld in its sole discretion. If Licensee becomes aware of the unauthorized possession of the Licensed Software or any of the other lnaterials, it shall promptly notify Licensor. Licensee shall take all t•easonable steps to pi•event the i•ecurrence of such unauthoi•ized possession. 7.2 Licensor's Responsibilities. Licensor hereby agrees that (a) any information related to the official business of Licensee that Licensor obtains fi•om Licensee in the cotuse of the perfol•mance of this Agl•eeinent is the confidential and proprietaiy information of Licensee, (b) Licensor shall take all reasonable and necessaiy steps to pt•otect and ensure the confideiltiality of such information, and (c) such information shall not be in any way disclosed by Licensot• to any third party, in whole or in part, without the prior wi•itten consent of Licensee, which may be gi•anted or withheld in its sole discretion. If Licensor becomes aware of the unauthoi•ized possession of the Licensee's information, it shall pi•omptly notify Licensee. Licensor shall take all i•easonable steps to prevent the recur•i•ence of such unauthorized possession. 73 Confidentiality Breach. In the event a party breaches any of its obligations under this Section 7(Confidentiality), to the extent not prohibited by applicable law, the bi•eaching party shall indemnify, defend and hold harmless the non-breaching party ft•om ai�d against any and all harm, injury, damages, costs and expenses incui•i•ed by the bi•eaching party ai•ising out of such breach. In addition, the non-breaching party will be entitled to obtain any injunctive i•elief against the breaching party as authoi•ized by a coui•t of competent jurisdiction. 7.4 Exclusions. The provisions of this Section 7(Confidentiality) shall not apply to any information (a) that is in the pnblic domaiil prior to the disclosure or that becomes part of the public domain othei• than by way of a breach of this Agi•eement, (b) that was in the lawf�il possession of the Licensoi• or Licensee, as the case may be, pi•ioi• to the disclosui•e without a confidentiality obligation to any pei•son, (c) that was disclosed to the Licensor or Licensee, as the case may be, by a tl�ird party who was in lawfiil possession of the infoi•mation without a confidentiality obligation to any person, (d) that was independently developed by Licensor or Licensee, as the case may be, outside the scope of this Agceement, or (e) that is t•equi►•ed to be disclosed by applicable law, rule, 1•egulation or cour•t oi•dei•. TERMINATION 8.1 Termination bv Licensor. 8.1.1 Pavment Default. Licensoi• shall have the i•ight to terminate the license granted in Section 2.2 (License Tei•m and License Fees), and this Agi•eement (but resei•ving etimulatively ail othei• rights and t•emedies under this Agreemellt, in law and/or in equity that sLirvive this Agreement), for any failtue of Licensee to make payments of moneys due when the same are due, and sllcl� failtu•e continlles for a period of thil•ty (30) days afier wi•itten notice thereof by Licensor to Licensee. City of Port Worth — Municipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 59 of 94 Rev. 2/2015 City Secretaiy Contract No. 8.1.2 Other Licensee Defaults. Licensor may terminate the license granted in Section 2.2 (License Term and License Fees), and this Agreement (but reserving cumulatively all other rights and remedies under this Agreement, in law and/or in equity that survive this Agreement), for any material violation or breach by Licensee which violation or breach continues for a pei•iod of thirty (30) days after written notice thereof by Licensor to Licensee. 8.2 Termination by Licensee. Licensee shall have the right to terminate this Agreement (reserving cumulatively all other rights and �•emedies under this Agreement, in law and/or in equity that survive this Agreement) without further obligation or liability to Licensor (except as specified herein) if Licensor commits any material violation or breach of this Agreement and fails to remedy such breach within thirty (30) days aftet� written notice by Licensee to Licensor of such breach. Licensee shall have the right to terminate this Agreement effective immediately and without prior notice if Licensor goes into liquidation or bankruptcy, or if Licensor permanently discontinues Maintenance for the Licensed Software. 8.3 Actions Upon and Following Termination. Licensee must cease use of the Licensed Software immediately upon termination, and must return the Licensed Software and all other Documentation received by Licensee fi•om Licensor under this Agreement within thirty (30) days after termination. Licensee may retain a copy of the Licensed Software for back up purposes. GENERAL 9.1 Waiver Amendment or Modification. The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by both parties. No failure or delay by either party in exercising any right, power or remedy with respect to any of its t�ights hereunder shall operate as a waiver thereof. 9.2 Notice. All notices under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in pei•son, by cotnmercial overnight courier or by registet•ed or certified mail, postage prepaid, return receipt requested, and addressed as follows: To Licensor: Journal Technologies, Inc. 915 East Filst Street Los Angeles, CA 90012 Attention: President Phone Number: (213) 229-5434 Facsimile: (213) 680-1886 To Licensee: City of Port Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: City Manager Phone Number: (817) 392-8180 Facsimile: (817) 392-6134 With copies to: Municipal Court Director 1000 Throckmorton Street Fort Worth, Texas 76102 Phone Number: (817) 392-6711 Facsimile: (817) 392-6702 City of Fort Worth — Min�icipal Court Case Management System Joumal Technologies, Inc. Page 60 of 94 24370945.21 Professional Services Agreement Rev. 2/201 S City Secretaiy Contcact No. and to the City Attorney at the same address Facsimile: (817) 392-8359 9.3 No Third Party Beneficiaries. This Agi•eement is not intended to create any right in or for the public, or any member of the public, any subcontractor, suppliel• or any othei• thii•d party, or to authorize anyone not a party to this Agreement to maintain a suit to enforce or take advantage of its terms. 9.4 Successors and Assig��s. Neither party may assign this Agreement in whole or pai�t without the prior written consent of the other pacty. Any attempt to assign this Agreement without the prior written consent of the other party is void and without legal effect, and such an attempt constitutes gcounds for tet•mination by the other party. Subject to the foregoing, all of the terms, conditions, covenants, and agreements contained herein shall inure to the benefit of, and be binding upon, any successoi• and any pei•mitted assignees of the respective pai•ties hereto. It is fiirther undei•stood and agreed that consent by either party to such assigmnent in one instance shall not constitute consent by the pat•ty to any other assignment. A ti•ansfer of corpoi•ate conti•ol, mergei•, sale of substantially all of a party's assets and the like, even tholigh inclnding this Agt•eement as an assigned asset or contract, shall not be considered an assignment for these purposes. 9.5 Govei•nin� Law; Venue. The validity, construction and performance of this Agi•eement and the legal i•elations among the pai•ties to this Agreement shall be govei•ned by and construed in accordance with the laws of the State of Texas without giving effect to its conflict of law principles. Any lawsuit or othei• action based on a claim ai•ising fi�om this Agreement shall be bl•ought in the federal coui•t within the Northern District of Texas, Fort Worth Division, if it has oi• can acquire jurisdiciion, and otherwise in a court or other forum of competent jurisdiction within Tarrant Cotulty, Texas. 9.6 Sevei•abilitv. In the event any one or more of the provisions of the Agi•eement shall foi• any reason be held to be invalid, illegal oi• unenforceable, the i•emaining provisions of this Agi•eement shall be unimpaired, and the invalid, illegal or unenforceable provision shall be ceplaced by a provision, which, being valid, legal a�ld enfot•ceable, cotnes closest to the intention of the pai�ties Lulderlying the invalid, illegal or unenforceable provision. [Appendix A to this Exhibit F Follows] City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 6 I of 94 Rev. 2/2015 City Secretaiy Contract No. APPENDIX A TO EXHIBIT F LICENSE FEES The License Fee for users identified in clause (a) of the deflnition of "User" in Section 1.11 of the Agreement, is determined in accordance with the following chart: User Groups 1-100 101-200 201-500 Per Physical Location Annual License Fees Users Per User For Group 100* $ 700 $ 70,000 100 790 79,000 300 647 194,100 * Prorated after 100 Users. Other Governmental Agencies The additional License Fee for users described in clause (b) of the definition of "User" in Section 1.11 of the Agreement shail be computed based on 20% of the total Useis desci•ibed in clause (a) of the definition of "User" in Section l.11 of the Agceement. Public Users The additional License Fee for useis described in clause (c) of the definition of "User" in Section 1.11 of the Agreement shall be computed based on 10% of the total Usei•s described in clause (a) of the definition of "User" in Section 1.11 of the Agreement. City of Fort Worth — Municipal Cot�rt Case Management System 2437094521 Joumal Technologies, Lic. Professional Services Agreement Page 62 of 94 Rev. 2/2015 City Secretary Coutract No. EXHIBIT G JOURNAL TECHNOLOGIES ANNUAL SUPPORT AGREEMENT I' . , City shall pay $29,010 for the first year of support during the Initial Term ("Support Fee"). City shall pay a fee equal to an incr•ease of 3% of the Suppoi•t Fee foi• each year thereafter diu•ing the Initial Term. Payment is due in advance of the quarter for which the support services are to be provided. Invoices shail be issLled and payments shall be made in accordance with Section 3 of the Professional Services Agreement. Travel and per diem is NOT included in the Support Fee. If any Journal Technologies resources are needed on-site, the City will be invoiced fot• tt•avel expenses as incurred. The City will pay reasonable travel expenses approved by the City per the City's travel expense policy. 2. DEFINITIONS 1.1 eCourt Application Administrator means a City employee who is identified as and who has completed ti•aining as an eCoLii•t Application Administrator. 1.2 Help Deslc means the method of communication between the City and Consultant regarding all hai•dware and software issues reasonably related to the eCoui�t and eCourtPublic software. The help desk provides the most efiicient means to track, manage, and resolve such issues. 1.3 Hours of Operation mean daily operations from 7:00 a.m. to 7:00 p.m. CST (effective January 1, 2015), except company observed holidays. Each Hour of Operation is a"Business Hour." 1.4 Incident means a dist•uption in the noi•mal information flow oi• sei•vice with the software application enviromnent (if hosted by Consultant) oi• the software application (if not hosted by Consultant). 1.5 Resolution Time means the time it takes Consultant to identify and resolve the problem. 1.6 Response Time means the time period starting when the Consultant is notified of an Incident and ending when the Consnitant aclalowledges notice of such Incident. 1.7 Support means technical assistance with the Softwai•e, including but not limited to, qiiestions about the functionality of the Software, assistance with the resolution of ei•ror messages, and installation questions. Support inay include ti•oubleshooting tl�e Softwal•e as needed to 1•esolve issnes. JOURNAL TECHNOLOGIES RESPONSIBILITIES AND SERVICES: a. Journal Technologies will pi•ovide a response to i•equests to its Suppoi•t Depai•tment made by an eCoui•t �lpplication Administrator throligh any of the standard methods of contact within the time fi�ames set forth below dl�ring the Hours of Operation. If Journal Technologies changes any of the standard methods of contact, it will notify the City in advance. All requests and issues related to eCourt, eCo�u•t Public, and Jtuy Systems should be submitted to Joui•nal Technologies. In addition, any issues with performance and up time related to the hosting environment and City of Fort Worth — Mwiicipal Court Case Management System 24370945.21 Joumal Technologies, Ina Professional Services Agreement Page 63 of 94 Rev. 2/2015 City Secretaiy Contract No. infrastructure should be submitted to Journal Technologies through the same mechanisms. Any Response Time and/or Resolution Time requirements and penalties should be applied to all parts of the solution. b. Standard methods of contact include: i. Web: supportweb.sustain.net ii. Telephone: 877.587.8927, Option 6 iii. E-mail: support@sustain.net c. Response Times, Availability, and Credits: Procedures. A toll-fi•ee number is provided to the City for Help Desk access. Calls are received (by a live individual during the Hours of Operation) and logged in the Hotline Call Tracking System (which records the caller's name, date/time, description of the issue, priority, and assigned resource) and reviewed to determine priority. Necessary resources are then allocated to resolve each reported issue. The City shall be kept informed as to the status of the issue until resolution. Consultant has a comprehensive escalation procedure in place to ensure that all calls are handled in an expeditious manner. Support shall be provided off-site and includes remote diagnostic capability, which provides the most responsive on-line problem identification and resolution. ii. Incident Classification. Each Incident will be classified in accordance with these categories: • 1-Critical: Product Failure/Loss of Service: A problem with all ot• part of a component of the eCoul�t application causing disruption to business activity preventing the use of the eCourt application. • 2-High: Non-critical service failures: A fault that causes the eCourt application to not operate as wat•ranted although the eCourt application remains usable with a moderate level of difficulty utilizing a work-around solution. • 3-Medium: Non-critical service failures: A fault that caLises the eCom•t application to not operate as warranted aithough the eCourt application remains usable with a minimal level of difficulty utilizing a work-around solution. Medium Incidents also include questions (e.g., on application functionality) and requests for information (e.g., details on enhancelnents included in new releases). • 4-Low: A minor fault that causes the eCoui�t application to not operate as warranted, with no disruption to business activity (e.g., an easy workaround is reasonably acceptable to the City). This categoiy includes Incidents relating to enviromnents other than production. iii. Incident Response and Resolution Consultant shall respond to requests for technical support received via telephone or email ("Incident Report"). Consultant shall meet the following Response Goais and Resolution Goals (collectively "Service Level Goais"), set forth below for support services: City of Fort Worth — Municipal Court Case Managemei�t System Journal Technologies, Inc. Page 64 of 94 2437094521 Professional Services Agreement Rev. 2/2015 City Secretaty Contract No. Work T� Incident Incident Incident Incident Category 1-Critical 2-High 3-Medium 4-Low Response Goal 1 Business Hour 75 Business Hour Minutes 90 Business Hour Minutes 1.75 Business Hours Resolution Goal ASAP, bnt no more than 24 hotus upon verification of steps to reproduce issue ASAP, but no more than 30 days upon verification of steps to reproduce issue ASAP, but no more than 60 days upon verification of steps to reproduce issue ASAP, but no more than 120 days upon verification of stens to i•eni•oduce issue • Resolution Time does not include any time periods during which Consultant is awaiting information, clai•ification or task completion by the City. • The City and Consultant may agree to a work around sohition enabling the business to restune fiulctioning. The City and Consultant may considei• the Incident resolved if the implemented work around is accepted by the City and Consultant. If the workaround is not accepted by the City and Consultant, the Incident shall remain open and Consultant shall continue work to resolve the Incident. iv. The failtu�e by Consultant to meet the Seivice Level Goals set foi•th above will result in the following per Incident ci•edit pi•ovided to the City for the suppol•t portion of the following qLiarter's invoice, as set forth in Exhibit B, Payment SchedLile (each such ci•edit, a "Service Level Ci•edit"): City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technologies, Ina Professional Services Agreement Page 65 of 94 Rev. 2/2015 City Secretaiy Contract No. The Incidents should be tracked against the Service Level Goals and reported to the City on a monthly basis. Credits in any quarter shall not exceed 50% of the total quarterly support fee. v. In the event the City is provided Service Level Credits due to Consultant's failure to meet Service Level Goals as set forth in Section 3c, Consultant shall have the opportunity to earn back the Service Level Credit from the previous quarter by meeting the following goals for the next quarter: • Help Desk Calls 0 95% live answer of all calls • Qualified Response: o Receipt of 95% of all Incidents acknowledged by standard contact methods within the Response Goal • Resolution Within Goal: 0 90% of all Incidents resolved within the Resolution Goal. Consultant shall provide a tracking mechanism appt•oved by the City and documentation to verify that the Service Level Goals have been achieved for a full quarter. vi. Service Level Goals and credits for hosting services shall be governed by and set forth in Exhibit J to the Professional Services Agreement, Hosting Agreement. d. For so long as Journal Technologies is providing the hosted services set forth in Exhibit J to the Professional Services Agreement, Journal Technologies shall be responsible for configuring, maintaining, and upgrading the operating system including, but not liinited to, backups and restores, fixes, and patches. e. Joui•nal Technologies will pt•ovide recomtnendations on the configuration and use of the Softwat�e and related hardware or software to meet the City's operational needs, and shall be responsible for configuring, maintaining, and upgrading the Software. Journal Technologies shall be responsible for supporting the previous and upgraded versions of the Software until any upgrade is complete. £ For so long as Journal Technologies is providing the hosted services set forth in Exhibit J to the Professional Services Agreement, Journal Technologies shall maintain all related hardware and software systems i•equired for the operation of the Software including but not limited to hardware, operating systems, security, network and storage based on the most current system requirements and t�ecomtnendations. g. Journal Technologies will only provide support to designated eCourt Application Administrator(s). It is the responsibility of the City to instruct system users to route support requests to eCourt Application Adininistrator(s). If Journal Technologies is i•equired to provide support to non-eCourt Applicatioil Administrator(s), the prevailing hourly rate will be applied according to the Professional Services Agreement. City of Fort Worth — Mwiicipal Court Case Management System 2437094521 Journal Technologies, Inc. Professional Services Agreement Page 66 of 94 Rev. 2/2015 City Secretary Contract No. 4. CITY RESPONSIBILITIES: a) Retain one or mot�e designated eCoui�t Application Administ��ator(s) on staff responsible for the t•egular maintenance and configuration of the Software. Journal Technologies must be provided the naine and contact information for any eCourt Application Administrator. These individuals must receive eCourt Application Administrator Training within 90 days of notice to qualify for support. If turnover occuis for Client's designated eCourt Application Administrator(s), Client must arrange with Journal Technologies for certification and re-training. Support requests by anyone not identified and designated as an eCourt Application Administrator are subject to higher support fee increases. b) If Journal Technologies is not providing the hosted services set forth in Exhibit J to the Professional Services Agreement, the City shall provide and maintain an Internet connection as required by Exhibit D to the Professional Sei•vices Agreement, to the Software's production, development and test environment (as applicable) database and/or application server. This connection is to be available and accessible by Journal Technologies suppot�t personnel during the Houis of Operation for the purposes of pi•oviding software support and upgi•ades. This connection must provide fitll screen access to the servel• with fiill administrative i•ights to ptiiblish information and make changes to the eCourt database and one or more network file locations; however, no changes shall be made to the eCourt database or network fles without the City's consent. c) Provide Journal Technologies support personnel with accurate configuration information, screen shots, or other files and documentation as requit•ed for a support request. d) Maintain all Client data, including blit not limited to, the backlip of data stot•ed in the eCourt database, custom documents and reports, and configui•ation files. e) If Joui•nal Technologies is not providing the l�osted sel•vices set foi•th in Exhibit J to the Professional Ser•vices Agt•eement, the City shall maintain all i•elated hardwace and software systems required for the operation of the Software including but not limited to hardware, operating systems, security, network and storage based on the most current system reqliirements and i•ecominendations. � Upg�•ade to the cui•i•ent pliblicly released vei•sioil of the Software as long as Jotu•nal Technologies pl•ovides a minimum of 180 days written notice to the City that an upgcade is planned foi• the Software and Jonrnal Technologies provides a miilimum of 90 days written notice to the City of the speci�c upg►•ade schedule. The City may s11oi•ten these timefi•ames if it ciesires. Joui•nal Technologies shall be responsible for supporting the previous and upgraded versions of the Software �intil the City's upgrade is complete. The City shall not maintain any veision of the Software older than the last two released versions. g) All communications by Client to Journal Technologies must be in the English language. City of Fort Worth — Municipal Court Case Management System 24370945.21 Joumal Technologies, Inc. Professional Services Agreement Page 67 of 94 Rev. 2/2015 City Secretaiy Contract No. EXHIBIT H JURY SYSTEMS INCORPORATED SOFTWARE LICENSE AGREEMENT This Software License Agreement (this "Agreement") is made between Jury Systems Incorporated ("JSI") and the City of Fort Worth, Texas ("Customer"), individually referred to as a"party," collectively 1•eferred to as the "parties," for the license of the JURY+ Software and Related Documentation, (hereinafter collectively referred to as "Programs") comprised of the following: JURY+ Web Generation (Gi�ebGen) JtJRY+ Web Solution The one-time fee for the perpetual JURY+ licenses and Pi•ograms are as follows: Base License Fee (Web Generation) Concurrent Users — Full Use (5) Fee Crystal Reports Site License Application Foundation Web Solution Total $ 25,000 $ 16,250 $ 370 $ 30,800 $ 5,000 $ 77,420 1. Grant of License JSI grants and Customer accepts on the terms and conditions contained in this agreement a nonexclusive, nontransferable license to the Programs specified above under the following terms: a) The Customer may use the Programs only at the Customer's site and on the Customer's computers, and solely for the Customer's internal business purpose. b) The Programs shall not include, and the Customer shall not be entitled to, any source code or t�elated design documentation, unless solu�ce code is part of the Related Documentation specified above. Customer and JSI shall entel• into a separate Escrow Agreement to defrne and outline Customer's rights to source code for the Programs, with the same being attached hereto as Appendix A-2 to Exhibit H. c) d) The Customer's rights under this agreement shall not be assigned, sublicensed or otherwise transferi•ed to any other entity, without JSI's written consent, which such consent shall not be unreasonably withheld. By written amendment to Appendix A to Exhibit FI, agreed to by both parties, Customer may purchase additional licenses of the JURY+ Programs oi• like products of JSI, and all terms and conditions of this Agz•eement shall also apply to such additional licenses. City of Fort Worth — Mimicipal Court Case Management System Journal Technologies,Inc. Page 68 of 94 24370945.21 Professional Services Agreement Rev. 2/2015 City Secretaly Contract No. 4. Use of Programs The Customer may use the Programs at any and all of Customei•'s licensed sites located within the Customer's jul•isdiction. Customer's license sites shall include all courts maintained and operated by the City of Fort Woi�th. The Customer shall ensure that auy site that has access to the Progcams complies with this Agreement. The Customer shall not assign, sublicense, eatend or transfer its rights under this Agceement by operation of law or otherwise. Subject to Section A of this Agreement, the Customer shall have sole responsibility for preventing unauthorized access to proprietaiy or confidential information maintained by the Programs. Right to Copy The Customei• may make complete oi• partial copies of the Programs as needed solely for testing, archival, and back-up purposes. The Customei• shall ensure that all copyright and othei• proprietary notices or legends contained in or placed upon the Prograins shall appear on any such copies. Warranty a) For si�y (60) days following delivery of the media and/oi• Programs, JSI wai•i•ants that the media and/oi• Programs will confoi•m to the Related Documentation. Should JSI fail to correct any nonconfoi•mance within sixty (60) days aftei• i•eceipt of written notice of nonconformance ("Cure Period"), the Customer's sole and exclusive remedy shall be to terminate this Agreement immediately as it pertains to the nonconforming media and/or Progi•ams and receive a refund of the License Fee paid for such media and/or Progcams. Any such refund shall be pi•ovided to Customet• within thirty (30) days of the effective date of tei•mination. b) JSI wal•1•ants that it has the authority to entei• into this Agreement and pet-foi•m its obligations heretu�der. c) JSI warrants that the Programs do �1ot contain, and any future update will not be delivered with, any virus, worm, trap door, back door, timer or clock that would erase data or pl•ogramming or othei•wise cause the programs to become inoperable or incapable of being used in accoi•da�lce with the Pi•ogcam documentation. d) JSI'S WARRANTIES STATED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Indemnity JSI agcees to the fullest extent permitted by law, to indemnify and hold hai•mless, Customei•, and its agents, officers and employees, from and against all losses or claims for damages including suits at law or in equity, caused by airy wi•ongful, intentional, or negligent act or omission of JSI, or its (their) agents which may arise out of or are connected with the activities covered by this agreement. City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technologies, Llc. Professional Services Agreement• Page 69 of 94 Rev. 2/2015 City Secretary Contract No. Customer agrees to the fullest extent permitted by law, to indemnify, defend and hold harmless, JSI, and its agents, officeis and employees, fi•om and against all losses or claims for damages including suits at law or in equity, caused by any wrongful, intentional, or negligent act or omission of Customer, or its (their) agents which may arise oLit of or are connected with the activities covered by this agreement. NOTHING CONTAINED HEREIN SHALL �VER BE CONSTRUED SO AS TO REQUIRE CUSTOMER TO CREATE A SINKING FUND OR TO ASSESS, LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS UNDER THIS PARAGRAPH. JSI warrants that all Deliverables, or any part thereof, furnished hereunder by the JSI pursuant to the Statement of Work, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes furnished hereunder by the JSI puisuant to the Statement of Work (for purposes of this Section 5, each individually referred to as a "Deliverable" and collectively as the "Deliverables"), do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party propi•ietaiy rights. JSI shall be liable and responsible for any and all claims or actions against Customer for infi•ingement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights arising fi•om Customer's use of the Deliverable(s), or any pat-t thereof, in accordance with this Agreement, it being understood that this agreement to be liable and responsible shall not apply if Customer modifies or misuses the Deliverable(s). JSI agrees to indetnnify, defend, settle, or pay, at its own cost and expense, including the payment of reasonable attorney's fees, any claim or action against Customer for infi•ingement of any patent, copyright, trademark, service mark, n�ade secret, or other intellectual property right arising fi•om Customei's use of the Deliverable(s) or any part thereof, in accordance with this Agreement, it being undeistood that this agreement to indemnify, defend, settle or pay shall not apply if Customer modifies or misuses the Deliverable(s). So long as JSI bears the cost and expense of payment for claims or actions against Customer pursuant to this Section 5, JSI shail have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Customer shall have the t�ight to fully participate in any and all such settlements, negotiations, or lawsuits as necessary to protect Customer's interest, and Customer agrees to cooperate with JSI in doing so. In the event JSI fails to take reasonable steps necessary to defend diligently any such claim or action, Customer may assume the defense of such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim, and JSI will be liable for all i•easonable costs or expenses thereafter incurred in connection with snch defense, provided, that JSI shall have the right to participate in, at its own expeilse, the defense of such claim or action. Customer agrees to give JSI timely written notice of any such claiin or action, with copies of all papers Customer may receive relating thereto. If the Deliverable(s), or any part thereof, is held to infi�inge and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, JSI shall, at its own expense and as Customer's sole remedy, either: (a) procure for Customer the right to continue to use fl1e Deliverable(s); or (b) modiiy the Deliverable(s) to make them/it non- infringing, provided that such modification does not materially adversely affect Customer's authorized use of the Deliverable(s); or (c) replace the Delivei•able(s) with equally suitable, coinpatible, and functionally equivalent non-infi�inging Deliverable(s) at no additional charge to Customer; or (d) if none of the foregoing alternatives is reasonably available to JSI, Customer may terminate this Agreement, and receive a refund of the payments actually made to JSI under this Agreement. For the avoidance of doubt, to the extent Customer has received a refund of fees for infi•inging Deliverable(s) as set forth in Section 8 of the Professional Services Agreement, such fees shall not be subject to refund pufsuant to this Exhibit H. JSI's OBLIGATIONS City of Fort Worth — Municipal Court Case Management System Joumal Technologies, Inc. Page 70 of 94 24370945.21 Professional Services Agreement Rev. 2/2015 City Secretary Conh•act No. HEI2EUNDER SHALL BE SECUI2ED BY THE REQUISITE INSURANCE COV�RAGE AND AMOUNTS SET FORTH BELOW IN SECTION 10 OF THE PROFESSIONAL SERVICES AGI2EEMENT. Ownership of Programs Title and fiill ownership rights including, but not limited to, all copyrights in and to all copies of the Progcams shall remain the sole and exclusive property of JSI; however Customer shall retain ownership of its data, and JSI shall provide Customer with a back-up copy of its data on an annual basis. The Customer acknowledges and agrees that the Progcams constitute, contain and embody valuable confidential information, h•ade secrets and proprietary rights of JSI. 7. Customer Modi�cations If soLu�ce code is licensed, the Customer may modify or enhance the Prog��ams for atry purpose reasonably related to the purpose for which the Programs were originally licensed, provided however that: a. If the Customer is provided any source code, the Customer's right to modify or enhance the Programs shall not di�ninish JSPs copyrights, interest in, or ownership of the Programs; Unless otherwise agt•eed to by the parties in writing, the Customei• shall be solely responsible for any and all maintenance of any modifications or enhancements it makes to the Programs. Notwithstanding any other pr•ovision of this Ag�•eement, the Customer a�•ees that all enhancements and modificatioi�s of any kind whatsoever to the Prog��a�ns, made by or on behalf of the Customer, shall be considered derivative works of the Programs and shall be the sole property of JSI, inchiding but not limited to, any and all rights, title, interest, copyrights, patei�t i•ights, and ti•ade secret rights, in aild to sLich ei�llanceinents and modifications. 8. Confidentiality Customer shall not disclose, pi•ovide, or otherwise make available to airy third party, in whole oi• in pai•t, the Pi•ogi•ams oi• airy infocmation relating thei•eto, this Agi•eement, oi• any confidential matei•ial of JSI (oi• its licensor) except in confidence to employees of t11e Customer to enable the Customer to use the Progi•ams. The Clisto�nel• shall talce all reasonable action to fillfill its obligations with i•espect to the use, copying, confidentiality, and secucity of the Programs and all other confide��tial material of JSI ol• its licensoi•. Confidential information shall not include this Agi•eement or any othei• information that is required to be disclosed puisuant to applicable law, rule, regulation or coLlrt order. If object code only is licensed, the Customer agrees not to ceverse assemble, decompile or otherwise attempt to create oi• dei•ive source code fi•om the Pi•ograms. Payment The Customer shall pay Jotunal Technologies, Inc., who shall remit such payment to JSI, for all fees due for JURY+ i��eb Gei�eratio» & JURY+ YVeb Soh�tion under this Agceement as follows: a.100% Payable following the installation and acceptance of the Programs Invoices shall be isslied by Journal Technologies, Inc. and payments to Journal Technologies, Inc. shall be made in accordance with Section 3 of the Pi•ofessional Services Agceement. All h�avel and City of Fort Worth — Municipal Court Case Management System 2437094521 Journal Technologies, Inc. Professional Services Agreement Page 71 oF94 Rev. 2/2015 City Secretaiy Contract No. 10. 11 living expenses incurred by JSI in rendering any services under this Agreement shall be included in the total cost of fees for the services. Customer shall not be billed separately for travel or living expenses. Any amount not paid when due shall bear interest at the rate of 1% per month, or the maximum legal rate if less. Term And Termination This Agreement shall become effective upon execution by the parties, acceptance by JSI and payment of the License Fee(s) by the Customer in accordance with this Agreement. Acceptance by the Customer shall be deemed to occur upon deliveiy of the Programs to the Customer and written acceptance by Customer in the form of Exhibit C to the Professional Services Agreement, Deliverable Acceptance Form. This Agreement may be tertninated in accordance with Section 4 of the Professional Services Agreement. Upon receipt of any termination notice, the Customer shall promptly return all copies of the Programs to JSI; however Customer may retain one copy of the Programs for back up purposes. Termination of this Agreement shall also terminate the license granted herein; however sections 4, 5 and 8 shall survive termination of this Agreement. The Customer's obligations under this Agreement shall sulvive any termination. Miscellaneous a) Governin� Law/Venue - This Agreement shall be governed by the laws of the State of Texas, without giving effect to the conflict of laws provisions thereo£ Venue for any action or claim brought pursuant to this Agreement shall be in the state courts of Tarrant County, Texas ot• the United States District Cout�t for the Nor�thern District of Texas, Fort Woi�th Division. b) c) d) Waiver - No waiver of any breach or remedy of this Agreement shall constitute a waiver of any other breach or remedy of the same or other provisions of this Ageement. Amendment - No Amendment shall be effective unless made in writing and signed by both JSI and the Customer. Sever•abilitv - In the event that any provision herein shall be held illegal or unenforceable, such provision shall be severed and the entire Agreement shall not fail, but the balance of the Agreement shall continue in full force and effect. e) Additional Remedies - Because of the unique and proprietaiy nature of the Programs, it is undeistood that any impaii•ment of JSI's rights will irreparably harm JSI, and therefore that JSI's remedies at law are inadequate, and that JSI shall be entitled to equitable relief, including without limitation injunctive relief as awarded by a court of competent jurisdiction, in addition to all other remedies provided hereunder or available to JSI at law. � g) Successors and Assi�ns - Subject to Section 1(c), this Agreement shall be binding upon and inure to the benefit of each of the pal�ties and their respect successors and permitted assigns. Neither party shall assign this Agreement without the express wi•itten consent of the other pa1•ty. Attorne 's�s - In the event that any legal or equitable action is instituted to enforce any of the provisions of this AgY•eement, the parties shall be entitled to i•ecover ally fees awai•ded by a cou��t of competent of jurisdiction that are equitable and just. City of Fort Worth — Municipal Court Case Management System Journal Technologies, Inc. Page 72 of 94 24370945.21 Professionai Services Agreement Rev. 2/20l 5 City Secretary Contract No. 12. Attachments Attached hereto and made a pat� hereto: The enclosed Appendix A to Exhibit H, "WebGen New Sale Cost Summary," Appendix A-1 to Exhibit H, "Jury + Cost Summary," and Appendix A- 2 to Exhibit H, "Source Code and Technical Documentation Escrow Agreement." 13. Entire Agreement THE CUSTOMER ACKNOWLEDGES READING AND I_JNDERSTANDiNG THIS AGREENLENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. NO REPRESENTATIONS, WARRANTIES OR AGREEMENTS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, HAVE BEEN MADE TO ANY PARTY HERETO, EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS AGREEMENT CONSTITUTES THE ENTIRE iINDERSTANDING BETWEEN THE PARTIES AND SUPERSEDES AND INCORPORATES ALL PRIOR WRITTEN AND ALL PRIOR AND CONTEMPORANEOUS ORAL COMMUNICATIONS REGARDING THIS TRANSACTION. THE CUSTOMER MUST EXECUTE THIS AGREEMENT ON OR BEFORE Januaty 15, 2015 TO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT. [End of Document, Signature Page Follows] City of Fort Worth — Mwiicipal Court Case Management System 24370945.21 Journal Tecl�nologies, Inc. Professional Services Agreemei�t Page 73 oF94 Rev. 2/2015 City Secretary Contract T��o. The Customei•'s and JSI's authorized repcesentatives eaecute tllis Agreement as follo�n�s: JSI Ju�y Systems Incorporated Simi Valley, Calif rnia �--� �% B� �, . � ,E�/ �-� Lisa Perl VP of Finance & Operations� Date / �—/,_�)-/..)� Customer City of Fort Worth By Q-�� �� Rudy Jackson Acting Assistant City Manager Date �� -:. -l5 A.ppr•oved to Form and Legality �—_� q,�i1/�.� � Maleshia B. Farmer � Sr. Assistant City Attorney . 1�� 1� ^,.. � � � � � 4 City Secretaty OFPA�IA� R�CORD �I'�'Y ��CRETARI( ��u IYBIR�:9���� �3 � t:.-. - : . _ - _ _ _ _ _. _—__ [��{ �" � -� � ` „u�»an�,� � ._�.'� f> V �'"^ _ .5`���U3DOUn�� 4S+' ���� � City of Fort Worth — Municipal Court Case Management System 24370945.21 Joumal Technologies, Ina Professional Sen�ices Agreement Page 74 of 94 Rev. 2/2015 City Secretary Coi�tract No. APPEPdBIX A 'I'O �XHIBIT H �uKY+ web�en New Sale Cost Summar Qt Descri tion Price Cost a JURY+ WebGen Base License Fee Local Area Network 1 $25,000 $25,000 Concurrent User License Fees e 9 Full Use 5 $3,250 $16,250 2 Limited Use 1-7 0 $1,500 $0 b Totai JURY+ License Fees $41,250 c Database, Ad Hoc Reportin and Interface licenses 1 Cr stal Reports Site License 1 $370 $370 d 1 First Year Premium Maintenance (on b above) 1 18.00% $7,425 Annual IPL Insurance Covera e Fee $1,086 2 First Year Maintenance (on Cr stal license) 1 22.00% $81 e First Year +3 Maintenance 1 $2,000 $2,000 f One-time +3 Setu Char e 1 $200 $200 Total License & Il�aintenance Costs $52,412 9 Pro'ect Mana ement 1 $7,500 $7,500 h Conversion 1 $500 $500 i . Installation Remote 1 $1,000 $1,000 1 Software Customization 1 $1,000 $1,000 k Trainin Char es (da s) 5 $1,100 $5,500 I Trainin Expenses Estimated 1 $2,500 $2,500 Total Service Costs $18,000 Grand Total $70,412.00 TERMS PER AGREEMENT Grand Total $70,412.00 Cit�� of Fort Worth — Municipai Court Case Management System 2437094521 Joumal Technologies, Ina Professional Services Agreement Page 75 of 94 Rev. 2/2015 City Secretary Contract No. APPENDIX A-1 TO EXHIBIT H JUKY+ Web SoluUon C;ost 5ummar Q ty Descri tion Price Cost a . JURY+ Application Foundation License Fee $28,00 Software License Fee 1 0 $28,000 Runtime License Fee 1 $2,800 $2,800 Installation Services 1 $2,000 $2,000 b Total $32, 800 c . Application Functions 9 . JURY+ Web Solution Software Fee 1 $5,000 $5,000 Installation 1 $850 $850 2 JURY+ Mobile App (Web Solution Required) Software . Fee 0 $1,000 $0 Installation 0 $150 $0 3 . JURY+ Express Check-In Module Software Fee 0 $1,250 $0 Installation 0 $150 $0 d 1 20.00 . First Year Premium Maintenance on App. Foundation 1 % $6,160 2 20.00 . First Year Premium Maintenance on Web & App 1 % $1,000 3 20.00 . First Year Maintenance on Express Check-In 0 % $0 e . Tele hone Trainin 4 hours max 1 $500 $500 Total Costs $46,310 TERMS PER AGREEMENT $46, 310.0 Grand Total 0 City of Fort Wortll — Municipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professiona( Services Agreement Page 76 of 94 Rev. 2/2015 City Secretary Contract No. APP�NDIX A-Z TO EXHIBIT H Source Code and Technical Documentation Escrow Agreement THIS AGREEMENT is made and entered into this day of , 20 between The City of Fort Woi�th, Texas, a Texas municipal corporation, (hereinafter, "Customer"), Juiy Systems Incorpot•ated ("JSP') and Gary C. Wykidal & Associates ("the Escrow Agent"). WHEREAS, Customer and JSI are parties to a certain JURY+ Jury Management System Agreement ("the Conti•act"), where under JSI has granted to Customer certain rights with regard to certain computer software ("the Licensed Programs"); and WHEREAS, under the terms of the Contract, JSI has agreed to deposit with the Escrow Agent copies of certain computer program source code and t�elated technical documentation to be released to the Customer only upon the occui•rence of certain events: NOW, THEREFORE, in considei•ation of the foregoing and of the mutual covenants, promises and agi•eements contained herein, Customer, JSI and the Esci•ow Agent agree as follows: 1. 2. Deposit in Escrow. JSI will deposit with the Esc1•ow Agent all soui•ce code and technical documentation which JSI is requii•ed to so deposit undei• the tet•ms of the Contract. Duties of Escrow Agent. a. The Escrow Agent shail maintain and preserve the deposited copies of the sotu�ce code and technical doci►mentation in a safe and seciire location and shall i•elease the same to Customer only as provided herein. The Esci•ow Agent shall not be i•esponsible foi• verification or review of the information contained in ihe soLlrce code or technical docamentation, and may i•ely upon the representations of JSI. b. The Escrow Agent shall permit and cooperate in the pei•iodic inspection of the deposited copies of the source code and technical documentation. 3. Conditions of Release to the Customei•. The Escrow Agent shall i•elease the sotu�ce code and technical documeutation to Customer upon the occurrence of any of the following eveizts ("a triggering event"): a) if JSI has terminaied its ongoing business operations or has ceased to engage generally in the licensing, installation or mainteilance of the Licensed Programs in nse by Customer; or b) if JSI fails for any ceason to pi•ovide Custoiner, within thii•ty (30) days aftei• being reqnested to clo so, with maintenance or support which JSI is contractually obligated to furnish pursLiant to this or any othei• agi•eement, with i•espect to the Licensed Progcams. 4. Proeedures Governing Release. Upon the occui•rence of a ti•iggei•ing event, Customer shall give written notice thei•eof to the Escrow Agent and to JSI, stating t11e circumstances of the tciggering event. Unless within ten (10) days following fl1e i•eceipt of suc11 notice the Escrow Agent receives an affidavit executed by an officei• of JSI stating that no such event has occui•1•ed, t11e Escrow Agent shall, upon the eleventh (l lth) day following the i•eceipt of Customer's ilotice, i•elease and delivei• the deposited copies of sotirce code and teclulical documeniation to Ctistomer. If the Escrow Agent does receive such an affidavit fi•om JSI within the time specified above, the Esci•ow Agei�t shall iinmediately fi�ri�ish a copy thei•eof to Customei•. The Esei•ow Agent shall City of Port Worth — Mwiicipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 77 of 94 Rev. 2/2015 City Sea�etary Conh�act No. then promptly release and deliver the source code anci technical documentatioi� to Custonler upon receipt of evidence that Customei• has commenced an action in a coui•t of competent jurisdiction � seeking a declaration that a triggering event has occurred. The Escrow Agent may act in reliance upo�1 an}� instrument oc signature believed to be genuine and may assume that any pe�•son purpoi•ting to give any notice or make an}� statement in connection w�ith the provisions herein has been duly author�ized to do so. 5. Limitation of Escrow Agent's Liability�. The Escrow Agent shall not, b}� reason of its eaecution of this Agreement, assume any responsibility or liabilit�� for any transaction between Customer and JSI othei� than the performance of tlle Esci•o��� Agent's obligations hei•eunder. 6. Notices. Any notice hereunder shall be deemed given when personally delivered in writing, when dispatched via overnight courier, or ���hen mailed as described belo���, and shall be deemed received when peisonally delivered in writing, twenty-four (24) hours aftet• being sent via ovel•night express coui•ier, ot• seventy-two (72)1louis after it has been deposited in the United States Mail, registered or certified, postage pre-paid, properly addressed to the party to whom it is intended. 7. Resignation of Escf•ow �gent. The Escrow Agent may resign at any time upon not less than siat�� (60) days advance ���ritten notice to both JSI and Customer. Upon receiving notice prior to the effective date of resignation that JSI and Customer have appointed a replacement escrow agent, the Escrow Agent shall deliver to the replacement escrow agent all of the deposited copies of the source code and technical documentation then in its possession. If the Esci•ow Agent has received no such notice prior to the effective date of resignation, the Escrow Agent shall deposit all such materials wifl� JSI until such time as a replacement escrow agent is appointed by JSI and Customer and JSI shall then deliver such material to the replacement escrow agent. 8. Entire Agreement. This Agreement sets forth the entii•e agreement and undeT•standing of the parties i•egarding the subject matter her•eof and supersedes all prior understandings and agreements regarding the same subject matter. This Agreement may not be modified or amended e�:cept by a writing signed by all tlu•ee parties. [Signature Page Follows] City of Fort \��orth — Municipal Court Case Management System 2437094521 Journal Technologies, Inc. Professional Services Agreement Page 78 of 94 Rev. 2/2015 City Secretary Contract No. IN WITNESS WHEREOF, the parties have exec�rted tlus Agi•eement as of the date first above �-vritten. JSI Ju�y Systems Incorporated A California Coiporation 1985 Yosemite Ave. Suite 135 Simi Valley, CA 93063 —� By:� �; >�%�'_ �_..- ��. i. l Lisa Perl VP of Finance & Operations Customer City of Fort Worth, Texas 1000 Tlu�ockmorton Street Foi-t Woi-tll, Texas 76102 By R�idy Jackson Acting Assistant City Manager ._., -- Date �-- i _�_ --� / J Escrow Agent Gary C. Wykidal & Associates 245 Fischer Avenue, Suite A-1 Costa Mesa, CA 92626 (714)751-8505 Contact: Gaqy,�. Wykidal By : /� �%' Title J� -}� L��� ��� Date �� - / � - / J Date '� • a. - l5 A��roved to Form Lega[ity: B�_� � � Maleshia B. Fai•mer Sr. Assistant City Attorney Attested by� - . %� ����°�°� �o��� �, ° °'°' � ` d- 8 �'� 0 ' ° o �E :jr @Cit � �'� a o �� � o�' 0 0 � b�O�otr0000flo `^ .s; ����� AF'�fC1AL 6dECORD CI`Q"V' 3ECFtETARY �T.'MI'OR'g'0�1, T)t Ciq� of Port \��orth — Municipal Court Case Management System 24370945.21 Journal Technologies, Uic. Professional Services Agreement Page 79 of 94 Rev. 2/2015 City Secretary Contract No. EXHIBIT I JURY SYSTEMS INCORPORATED SOFTWARE MAINTENANCE AGREEMENT This Software Maintenance Agt�eement ("Agreement") is made between July Systems Incorporated ("JSI") and the City of Fort Worth, Texas ("Customer"), individually referred to as a "party," collectively referred to as the "parties," for the maintenance and improvement of the JURY+ Software and Related Documentation (hereinafter collectively referred to as "Programs") comprised of the following: JURY+ Web Generation (GVebGen) JURY+ Web Solution The maintenance period begins immediately upon installation of the programs. The ensuing year's maintenance period begins on the first day of the month following the month of installation. The annuai maintenance fees for JURY+ are as follows: Premium Plan Annual IPL Fee +1 Plan +2 Plan +3 Plan +3 One Time Setup Total $ 15,036 $ 1,086 $ 0 $ 0 $ 2,000 $ 200 18,322 In order to maintain and improve the JURY+ Juiy Management System, JSI provides maintenance and support plans on the terms and conditions hereinafter set forth: 1. Premium JURY+ Maintenance a) If the Programs malfunction and fail to perform as described in the JURY+ User Tutorial provided by JSI, JSI will attempt to identify the source of the malfunction, determine the cause of the malfunction and document its findings. The Customer shall notify JSI immediately regarding Pro�ram malfunctions and, if requested, shall provide a listing of output and such other data as is required to reproduce operating conditions as existed when the suspected malfunction occurred b) JSI provides the Customer with those enhancements to the Programs which are released during the term of this Agreement. Each such enhancement shall be provided to the Customer within ninety (90) days after general release by JSL The term "enhancement" inchldes alry revision of or improvement to the Programs which substantially conforms to published literatui•e provided to the Customer by JSI as of the date of the Softwai•e License. The Customer agrees to install such enhancements in a timely tnanner and undet•stands that JSI does not support any but the current version of the Programs. City of Fort Worth — Municipal Court Case Management System Joumal Technologies, Inc. Page 80 of 94 2437094521 Professional Services Agreement Rev. 2/2015 City Seci•etary Contract No. c) JSI agi•ees to provide unlimited telephone hot line support and dial-up direct system access services to the Customer dui•ing JSI's normal business hours, which ai•e 7:45am — 9:OOpm, Monday through Friday, excluding JSI approved holidays. These services include answering questions, providing technical guidance with regard to the Programs, receiving trouble reports, trouble shooting system problems and other investigative services relative to the Programs. In addition, weekend (Saturday and Sunday) support and emergency suppo��t is pi•ovided on a 24x7 basis at no additional cost to Customer. d) To the extent technically feasible, JSI attempts to cause the Programs to perform in accordance with its published specifications and may load new versions of the Programs via a telecommunication connection to the Customer's JURY+ system. The Customer ag►•ees to keep the necessaiy telecommunications components and connections in operation dui•ing the term of this Agreement. e) All travel and living expenses incurred by JSI in rendering any services under this Agceement shall be included in the total cost of fees for the seivices. Cl�stomer shall not be billed separately for ti•avel or living expenses. 2, +1 JUItY+ Maintenance +1 Maintenance is an add-on service that permits the Customei• to use JSI's telephone hot line suppot�t with regard to incidents not directly related to the Programs. Such incidents include but are not limited to opel•ation of the physical JURY+ environment such as hardwai•e, forms, cabling, telecommunication, interfaces to other systems, etc. +2 JURY+ Maintenance +2 Maiiltenance is an add-on sel•vice whei•eby JSI pei•iodically loads selected potential juroi•s into the Customer's JURY+ system. Included in this service is the elimination of certain prospective jurors fi�om the load according to ci•iteria specified by the Customei•. 4, +3 JURY+ Maintenance �-3 Maintenance is an add-on seivice whereby JSI periodically mei•ges the Customer's soti�i•ce lists. The merge is conducted according to criteria specified by the Customer. 5. +4 JURY+ Maintenauce +4 Maintenance is an add-on se►•vice whereby JSI, on i•equest, perfoi•ms an on-site evaluation of the Customer's jui•y management operation and repoi�ts on potential iulpi•ovements, cost savings and pi•ocedural changes. 6. Othei• Systems Maintenance If any Program malfunction is detei•mined under Pal•agraph 1(a) to have been caused by machine malfiinction, by an enhanceillent to the Pi•ogi•ams not pi•ovided by JSI, by the use of incoi•i•ect data, by the use of incorrect procedures by Customer's personnel, or by any other cause not attributable to JSI, (e.g., JSI's pi•ogcamming, oi• incorrect insti•uctions fi•on1 JSI persoiulel oi• documentation provided by JSI) coi•rective action shall be treated as Other Systems Maintenance and shall not be covel•ed by this Agreement. The Customer may elect to pLirchase fi�om JSI the professional services necessaiy to correct such a City of Fort Worth — Municipal Court Case Management System 24370945.21 Journai Technologies, Ina Professional Services Agreement Page 81 of 94 Rev. 2/2015 City Secretaiy Contract No. malfunction. 7. Schedule of Charges and Payment a) Payment shall be made in accordance with the payment schedule set forth in Exhibit B to the Professional Services Agreement. Invoices shall be issued and payments shall be made in accordance with Section 3 of the Professional Services Agreement. Payment for each subsequent year of maintenance shall be made on the annivelsaiy date and shall not exceed 3% of the previous year's fees. The charges for +2 and +3 Plans Maintenance are quoted on a per instance basis and are dependent on the number of jurors the Customer loads into JURY+. b) Charges fot• Other Systems Maintenance (see Paragraph 6) which are approved by the Customer shall be billed by JSI as incurred and shall be paid by the Customer within thirty (30) days of the invoice date. 8. Term of Agreement a) Services under this Ag►•eement shall commence on the first day of the month following written acceptance of this Agreement by an officer of both JSI and Customer. b) This Agreement shall constitute a contract only after it is accepted in writing by an officer of both JSI and Customer. c) This Agreement shall continue in effect until terminated in accordance with Section 4 of the Professional Services Agreement. d) In the event of termination of this Agreement, JSI will provide Customer with any enhancements to the Programs which are released within the sixty (60) day period before the effective date of termination, and JSI will complete investigative seivices under paragraph 1(a) or corrective services under paragraphs 1(b), 1(c) andl (d), which have not been completed on the effective date of termination and the Customer shall pay for such investigative or corrective services in the same manner as if termination of this Agreement had not occut•red. 9. Limitation of Warranty JSI AGREES THAT ALL SERVICES COVERED BY THIS AGREEMENT SHALL BE PERFORMED IN A PROFESSIONAL MANNER CONSISTENT WITH GENERALLY ACCEPTED DATA PROCESSING INDUSTRY STANDARDS. JSI SHALL BE LIABLE FOR ANY LOSS OR DAMAGE TO CUSTOMER CAUSED BY REASON OF JSI'S NEGLIGENT ACTS OR OMISSIONS OR INTENTIONAL MISCONDUCT OR WRONGDOING. JSI MAKES NO OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO ENHANCEMENTS PROVIDED TO THE CUSTOMER UNDER THIS AGREEMENT OR AS TO MERCHANTABILITY OR FITNESS OF SUCH ENHANCEMENTS NOR ANY OTHER WARRANTY, EXPRESS OR IMPLIED ARISING BY LAW OR OTHERWISE AS TO SUCH ENHANCEMENTS, EXCEPT AS STATED IN THIS AGREEMENT. JSI MAKES NO REPRESENTATION OR WARRANTY AS TO THE MANNER OF PERFORMANCE OF INVESTIGATIVE OR CORRECTIVE SERVICES UNDER THIS AGREEMENT, NOR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, EXCEPT AS STATED IN THIS AGREEMENT. JSI ASSUMES NO LIABILITY OR OBLIGATION OTHER THAN City of Fort Worth — Municipal Court Case Management System 24370945.21 Joumal Technologies, Inc. Professional Services Agreement Page 82 of 94 Rev. 2/2015 City Secretaiy Contract No. THOSE EXPRESSLY STATED IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY OBLIGATION OR LIABILITY WITH RESPECT TO LOSS OF USE, REVENUE, PROFIT OR CONSEQUENTIAL DAMAGES. 10. Enhancement License and Conditions Customer's license to use enhancements provided by JSI under this Agi•eement, JSI's right, title and interest in and to all enhancements, whethe►• pi•ovided by JSI, the Customer, the Customer's employees, or any third pai�ty, and customer's duty to safeguard enhancements shall be controlled by all and each of the terms and conditions set forth in the applicable Software License Agreement made and executed by JSI and the Customer and in effect on the date of execution of this Agreement, which tei•ms and conditions are adopted and incorporated het•ein by this refei•ence the same as if sei fol�th verbatim herein. 11. General Conditions a) The heading of any paragcaph contained in this Agceement is for convenience only and shall not be cleemed a pai�t of this Ag��eement noi• a rept•esentation as to the contents thei•eof. b) This Agceement may not be modified or changed orally, but only by a written agreement signed by both pai•ties. The pai�ties agree that the laws of the State of TeYas shall govern the intei•pretation and legal effect of this Agi•eement. c) Charges specified herein do not include taYes, and JSI acicnowledges that the Customer is a taY exempt entity and shall not be liable for the payment of any taxes under this Agreement. d) Neither party shall be liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any govei•nment law, ordinance oi• regulation, acts of God, acts of the pubiic eneiny, fil•es, sti•ikes, lockouts, natui•al disastei•s, wars, i•iots, matei•ial or laboi• i•esti•ictions by any govei•nmental authority, transportation problems and/or any othei• similai• causes. In no event shall either pat�ty be liable foi• any consequential damages. e) It is undei•stood that this Agl•eemeni does not 1•equil•e JSI to implement enhancements to the Programs released priol• to the date oi• commencement of services undei• this Agi•eement, and does not requii•e JSI to pi•ovide investigative ol• cori•ective services foi• malfi�nctions that may have ai•isen and been i•easonably discovei•able befol•e the date of comtnencement of sei•vices under this Agreement. If sel•vices or enhaucements are necessary to bi•ing the desiguated Programs to current support level oii the date sei•vice conlmences under this Agreement, the Customer must, by separate contract, arrange for such services and enl�ancements. � If tl�e Customer fails to purchase Premium JURY+ Maintenance or if sucl� maintenance is terminated, CUSTOMER will not be entitled to receive maintenance services for JURY+. To reinstate such services, CUSTOMER must pay maintenance fees for all periods during which nlaintenance was not in effect, on a cumulative basis, togethei• with interest thei•eon compounded annually at the rate of ten pei•cent (10%) pei• annum commencing with the expii•ation or termination of the last paid maintenance pei•iod. g) Customel• ancl JSI shall enter into a separate Esci•ow Agreement to define and outline Customer's rights to the source code for the Progcams. City of Port Worth — Municipal Court Case Management System 2437094521 Journal Techno(ogies, Ine. Professional Services Agreement Page 83 of 94 Rev. 2/2015 City Sea•etary Contract No. G IN WITNESS WHEREOF, JSI's and the Customer's authorized representatives execute this Agreement as fol lo���s: JSI Jur�� Systems Incorporated Simi Valley, Ca�.i,�bi-�ua ��� B��/ / � , C '/%>( /f �`, / _ i � Lisa Perl VP of Finance & Operations Date ,�-- � � - � � �ustomer Cit�� of Fort ��Jorth B}� e�.�v Rudy Jackson Acting Assistant Cit�� Manager Date 3 - �- - �5 Approved to Fonn and Legality Cit�� � J C�FFICIAL RECORD �IYY SECRETARY f��1'o �H���'�� �'?� �� H City of Fort 1��orth — Municipal Court Case Management System 24;7094521 ,Iournal Technologies, Inc. Professional Services Agreement Page S4 of9�1 Rev. 2/2015 � � i � i i City Secretary Contract No. EXHIBIT J JOURNAL TECHNOLOGIES HOSTING AGRE�MENT STATEMENT OF WORK #3 HOSTED SERVICE Journal Technologies Hosting. In exchange for a quarterly hosting fee, Journal Technologies will provide hosted services (the "Hosted Service") with respect to the Licensed Software, which the City may access via an Internet connection. Access to the Hosted Service will be secured and encrypted via HTTPS. Section 1. Hosted Service a. The Hosted Service includes the infr�structure and envii•onment in which the following applications are installed: i. eCourt ii. eCourt Public b. The Hosted Service will meet the minimum specifications set forth on Appendix A to this Exhibit J(the "Baseline Sizing Requirements"). In the event the City requests speciflcations in excess of the Baseline Sizing Requirements, the City will pay the additional costs specified in Section 3 of the Professional Services Agreement. a The Hosted Service includes Warm Site Disaster Recovery for the production environment: Virtual: Warm Site D/R: VSphere Replication <5 Mintrtes Recoveiy Point Objective, 4-8 Hrs Recovery Time Objective, Warm Site is located in Salt Lake City, Utah Wat•m Site will be r•ecoveiy for disasters, while other recoveiy will be provided in the primary Tonaquint Data Center, Inc. ("Tonaquint") facility as defined in Section 5 of this Exhibit J. Section 2. Journal Technologies Responsibilities. Journal Technologies's responsibilities with respect to the Hosted Service are as follows: a. Provide infi•astructure for the hosting of City data in a Production and Test eilvil•omnent that meets the minimum specifications set forth on Appendix A to this Exhibit J. b. Provide maintenance of the Hosted Service. Regular maintenance includes at a mii�imum maintenance and secur'rty OS patches, and any available patches fo�• software running in the hosted environment, including eCourt and auxiliary software. Operating systems and core software packages will be upgraded as needed after testing for compatibility is completed. All software will be maintained at current manufacturer supported levels, in accordance with reasonable industry best practices and the maintenance guidelines set forth in Section 4. c. Pt•ovide hourly snapshot backups of data (daily backups ar�e also taken and Icept for 60 days). d. Provide copies of the City data upon the City's request not to exceed once per month. e. Treat all informatiol�, data and files provided by the City as confidential, maintaining secure access to such material oi�ly for Journal Technologies' support personnel for purposes of investigating or solving a support request. f. Provide standard monitoring information via a website with ]ive performance data that the City may review: City of I'ort Worth — Municipal Court Case Manageme�it System 24370945.21 Journal Technologies, Inc. Professionai Services Agreement Vage 85 of 94 Rev. 2/2015 City Secretary Contract No. i. CPU used/available ii. Memory used/available iii. Disk space used/available iv. Website up/down v. SSL cert valid vi. System uptime vii. Monitor whether key services are running. viii. With the City's guidance, define triggers using the standard monitors that Journal Technologies will use to alert the City — alerting will be real time email, text message, and web-based to the City's Operations Center for critical alerts and email and web-based for informational alerts. ix. Monthly utilization reports x. Automatic notifications for each day the storage usage thresholds have been exceeded xi. Notifications of outages xii. Journal Technologies will, at all times during the term of this Agreement, provide the City with complete information that is sufficient to enable the City or its designee, as applicable, to fully assume the provision of Hosted Setvice to the City. Section 3. City Responsibilities. The City's responsibilities with respect to the Hosted Service are as follows: a. Ensure that all activity occurring under the City user accounts abides by all applicable laws and regulations in connection with use of the Hosted Service, including those related to data privacy, international communications and the transmission of technical or personal data. Without limiting the foregoing, the City shall: (i) notify Journal Technologies immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) t•eport to Journal Technologies immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by the City or the City's useis to be unauthorized; and (iii) not impetsonate another Journal Technologies user or provide false identity information to gain access to or use the Hosted Service. b. Provide Journal Technologies support pei•sonnel with acclu•ate configuration information, screen shots, or other files and documentation as required for a support request. Section 4. System Period of Maintenance. a. Weekly Maintenance Outage (Thuisday, 7:OOPM to Friday, 4:OOAM MT). The Hosted Service shall be subject to a maintenance outage each Thursday evening (Hosted Service downtime may include loss of network access, the servers, and the operating system). The Hosted Service will not always be disrupted dur•ing each weekly maintenance outage. b. Monthly Website and Internet Services Maintenance Outage (Third Thursday of each month 7:OOPM to Friday, 4:OOAM MT). Website and Intet•net related services shall be subject to a maintenance outage the third Thursday of each monfll. The Hosted Service will not always be disrupted during eacl� maintenance outage. c. The City shall receive a notice identifying the types of changes one week in advance with respect to the planned Weekly Maintenance Outage and the planned Monthly Website and Internet Services Maintenance Outage. d. Extended Maintenance Outage. If Journal Technologies requires additional time for maintenance or installation, Journal Technologies shall p3�ovide written notification to the City at least twenty fotii• (24) homs prior to impleinenting an extended maintenance outage. Journal Technologies' notice shall explain the nature and expected duration for the extended maintenance outage. City of Fort Worth — Municipal Court Case Management System 2437094521 Joumal Technologies, Inc. Professional Services Agreement Page 86 of 94 Rev. 2/2015 City Secretary Contract No. Change Management Communications. Except in the event of an emei•gency or unplanned maintenance, upgrades or patches to the Hosted Sei•vice will be planned in advance with 3 weeks' prior notice to the City. The City must approve or disappi•ove such upgrades or patches on or before the date that is 2 weeks prior to the planned date of the relevant upgrade or patch. For unplanned maintenance, Journal Technologies will communicate the changes to the City at least seventy two (72) hours pt•ioi• to the outage and request approval of such changes at least twenty fotu (24) hours prior to the outage. Journal Technologies and the City will determine and implement a procedui•e to manage emergency changes. Standai•d operating system patches available through Windows Update or LinLix Package Manager do not require 3 weeks' prior notice and will be installed during the Weekly Maintenance Outage. Section 5. Ownership of Property. Tonaquint will own the equipment at the data center facility operated by Tonaquint at 1108 West 1600 South, Bldg. D., St. George, Utah, 84770 (the "Data Center"). Section 6. Security and Confidentiality. a. Secul•ity: i. Journal Technologies hereby covenants and agrees to use technologies that incorporate customaiy sectu�ity featu►•es in providing the Hosted Sei•vice. Access to the Hosted Service will be limited based on roles assigned in advance by the City, such that only users with the roles specifed by the City shall be allowed to access the Hosted Service. In accordance with and in compliance with Section 27.2 of the Professional Services Agreement, Jouri�al Technologies will ensure Criminal Justice Information Services compliance requirements are met by each member of Journal Technologies' personnel who will have access to the Data Centei•. Security features that will be deployed include: Https, firewalls, eCotu•t Audit and Access Logging and vulnerability scanning. ii. The City will have the right io condLict, oi• hire a thicd party to conduct, an operational and security assessment of the Hosted Seivice within the Test envii•onment priol• to pitblishing any change to the Production environment. Journal Technologies will be i•equired to use its commei•cially reasonable effol•ts to 1•emediate any of the City's findings prior to publication of such change to the Production envii•omnent. iii. In ordei• to identify, screen, and prevent viruses or disabling devices with respect to the City's data, Jotu•nal Technologies shall use Cisco IDS/IPS and anti-vii•us software shall be installed on the seivers within the Data Center. iv. Jotu•nal Technologies will pi•ovide an independent third party audit/assessment of the operational envir•onment using a i•equii•ements documellt that the City and Jolirnal Technologies will mutually develop. The additional cost to the City will be based upon the requirements doctiment and will not exceed the anzount set forth in tile Payment Schedule attached as E.chibit B to the Professional Services Agceement. Joln�nal Technologies covenants to resolve issues identified by the independent third party audit/assessment in a i•easonable tiinefi•ame in accoi•dance with the requirenlents document. The initial independent third party audit/assessment will be performed before the City begins production use of the system, and such production use is contingent upon the successful resolution of any issues identified by the independent third pacty audit/assessment. The identity of the independent thii•d pai•ty auditoi• will be chosen based oi� mutuai agt•eement of the City and Journal technologies pursuailt to the reqliirements docuinent acceptance criteria. b. Confidentiality : i. The pai•ties hereto agcee that all infoi•mation furnished to eithei• party l�ereto pursuant to this Agreement shall be treated as confidential and pi•oprietary information of the pat•ties in accordance with Section 7 of Exhibit F to the Professional Services Agreement. City of Fort Worth — Municipal Court Case Management System 2437094521 Joumal Technologies, Inc. Professional Services Agreement Page 87 of 94 Rev. 2/2015 City Secretary Contract No. Section 7. System Performance. a. The Tonaquint IP network will be available 99.9% of the time in each year of the term, excluding scheduled maintenance outages. b. "Network Unavailability" is defined as the inability of the City to transmit and receive data on the Tonaquint IP network, provided that Journal Technologies is able to verify with Tonaquint that such inability is due to a network issue and that such inability is not caused by a failure of any servei• or other hardware of the City. For purpose of quarterly hosting fee credits, Netwo�•k Unavailability begins upon notice fi•om the City to Journal Technologies and ends when the City is again able to transmit and receive data. In the event of Network Unavailability (excluding scheduled maintenance outages and any disasters) lasting more than fifty-two (52) minutes in any quarter of the term and for each additional sixty (60) minute period of Network Unavailability in such quarter, the City will be eligible for a credit equal to 1/120`�' of the next quarterly hosting fee, credited against the fees payable for the next quarter of the term. Credits pui•suant to this Section 7(b) in any quarter shall not exceed 50% of the total quarterly hosting fee. c. Service Level Agreements. Appendix B to this Exhibit J identifies Service Level Agreements, which Journal Technologies hereby covenants to use its reasonable efforts to achieve. The failure by Journal Technologies to meet the Service Level Agreements set forth in Appendix B to this Exhibit J will result in a 10% credit per each unmet Service Level Agreement credit provided to the City foi• the support poi•tion of the following quarter's invoice, as set forth in Exhibit B, Payment Schedule. For the avoidance of doubt, in the event a credit pursuant to this Section 7(c) is provided to the City due to a failure to achieve the Service Level Agreement entitled "Web Availability" on Appendix B, the events causing such credit shall not be the basis of a credit pursuant to Section 7(b). Credits pursuant to this Section 7(c) shall be aggregated with the Service Level Credits set foi�th in Exhibit G for the pui•pose of the 50% limitation set forth in the last sentence of Section 3.c.iv of Exhibit G. Section 8. Disaster Recovery Exercises. Journal Technologies will conduct disaster recovery exercises every two yeat•s, and with the City's assistance, shall prepare the disaster recoveiy procedures, subject to the City's reasonable approval, during the set-up of the Hosted Service and in any event prior to the movement of the eCourt system into the Production environment. The parties hereto agree that the disaster recovery exercises set forth in this Section 8 will be subject to additional costs in accordance with the "Cost for Additional Services" paragraph set forth in the Professional Services Agreement. City of Fort Worth — Municipal Court Case Management System 24370945.21 lournal Technologies, Inc. Professional Services Agreement Page 88 of 94 Rev. 2/2015 City Secretary Contract No. Appendix A to Exhibit J to Professional Services Agreement Baseline Sizing Requirements Baseline Hardware and Software Specifications (All VM's Installed on a SAN) Server Specs Software SAN RAM HDD Server (VMs) CPU GB GB GHz4 Caches Server OS Database Other Windows Prod eCourt App 2008 R2 12 1 16 4500 z 2.8 12M Standard n/a Windows Prod eCourt DB 2008 R2 6 64 700 3 2.8 12M Standard SQL 2012 Windows Prod eCourtPublic 2008 R2 App/DB 6 16 100 2.8 12M Standard MySQL PHP Windows Test eCourt Test 2008 R2 App 4 8 4500 2.8 12M Standard n/a Windows Test eCourt Test 2008 R2 DB 4 16 700 2.8 12M Standard SQL 2012 Windows Test eCourtPublic 2008 R2 Test App/DB 4 8 100 2.8 12M Standard MySQL PHP � The numbei• of CPU's may need to be incl•eased depending upon the amoiint of activity 1•elated io documents, i•epoi•ts and some woi•kflows. � The SAN HDD (GB) size is based on the court's docuinent storage reqLiirements of 3.STB as of 11/19/2014, plus the court's expectation that its document stoi•age will continue to incr•ease 1TB per year, and thus the anlouut of storage required in late 2015 will be 4.STB. Additionally, the Cou�•t expects to begin to archive ol• pui•ge documents when pi•oduction �ise begii�s, thus stabilizing the need for additional storage space. 3 The database size is based on the court's database size of 406GB for the 4,930,661 cases stored in its legacy system as of 11/19/2014. `� Oi• equivalent due to hyperthi•eading. s Or equivalent due to network set-np. City of Port Worth — Municipal Court Case Management System 24370945.21 Joumal Technologies, Inc. Professional Services Agreetnent Page 89 of 94 Rev. 2/2015 City Secretary Contract No. Appendix B to Exhibit J to Professional Services Agreement Service Level Agreements Journal shall be responsible for meeting the "Service Level Agreements" below. Journal will provide monthly repoi�ts for each Service Level Agreement and the Service Level (SL) achieved for the month as compared to the service level set forth in the SL Requirement column, excluding the End-to-End Response Time Service Level. Service Level Agreements: Measures the availability of the Web-hosted Assess the quality application. This provides Web Availability of the Web service the organization with the 99 go�o availability. via the availability percentage of time that targets. the applications were available for use in a specific month. Application Measurement of The percentage of time 99.50% Availability service for general that the application is application available for normal availability. business operations. End-to-End Effective response This SL Objective will be tbd Response Time time for users mutually determined accessing the during the project and application. subsequently incorporated into this section by reference. The final SL Objective will list a finite number of user activities, the requirements for such activities, and the average response times that are achieved during testing. Number of times the The number of times that Unscheduled system (any there was unscheduled component) is downtime. Not to exceed Number of unavailable due to an agreed number of Two per month. Downtimes unscheduled times per month. downtime. Includes all components. City of Fort Worth — Municipal Courl Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 90 of 94 Rev. 2/2015 Ciry Secretary Coilh�act No. Unscheduled Downtime Time to Restore (TTR) — Severity 1 (Mission-Critical) Root Cause Analysis Security Patch Management Percentage of time the system (any component) is impacted by unscheduled downtime. Time taken to restore functionality of systems, including servers. Assessment of problems and their causes, with resolutions. To the extent a patch is available, servers must be successfully patched on the next regularly scheduled maintenance outage after City approval notification is sent to Journal Technoloaies. Number of business hours until completion from time of notification by the organization. The amount of time that the system has unscheduled downtime. Not to exceed an agreed amount of time per occurrence. Includes all components. 4 to 8 hours. Elapsed time to complete root cause analysis on critical incidents. Not available Two hours. 4 to 8 hours. Less than 14 days 99% To the extent a patch is available, servers must be successfully patched on the next regularly scheduled maintenance outage after City approval notification is sent to Journal Technoloaies. City of Fort Worth — Mimicipal Court Case Management System 24370945.21 Joumal Teclmologies, Inc. Professional Services Agreement Page 91 of 94 Rev. 2/2015 City Secretary Conh•act No. EXHIBIT K JOURNAL TECHNOLOGIES ESCROW AGREEEMENT Exhibit K is attached and contains sixteen (16) pages. City of Fort Worth — Mw�icipal Court Case Management System 24370945.21 Journal Technologies, Inc. Professional Services Agreement Page 92 of 94 Rev. 2/2015 r �;" iJVASA.FE, ING � , , ;Inteilectual Property Risk Management IS2ex Software Escrow Agreement This Agreement is between the Depositor and InnovaSafe. Licensees are enrolled as a Beneficiary. Use This Agreement if: • Multiple Licensees will be added and management of single or• multiple deposits are needed. • Beneficiary specific terms and conditions may be required. • Modifiable Agreement is required • Services include: o Complete clie�'►t service o Fees Locked For the Initial Term o Physica] or Electronic Deposits o Quarterly Deposits Included o No Additional Storage Fee o Toll Free Telephone Support (800) 239-3989 Questious? Piease call (800) 239-3989 or Live Online Support at w��vv.inno�asafe.com IS2ex v09.2 Account#2738 O 2009 InnovaSafe, Inc. All Rights Reserved Page 1 of 16 This Software Source Code Escrow Agreement ("AgreemenP'), number 2738, effective as of the date signed by the Depositor (`Bffective Date"), is made and entared into by InnovaSafe, Inc. ("InnovaSafe"), a California corporation, located at 28502 Constellation Road, Valencia, California, 91355-5082, and Sustain Technologies, Inc. ("Depositor"), located at 915 East First Street, Los Angeles, California 90012 and each additional person or entity subscribed hereto as a Beneficiary or Designated Beneficiary in accordance with the requirements of this Agreement. In consideration of the covenants, conditions, warranties and resfictions contained in this Agreement, the parties agree as follows: 1. DEFINITIONS For purposes of this Agreement, the following capitalized terms shali have the meanings set forth below, unless expressly defined otherwise in this Agreement: "Benefrcia�y" means and includes a person or entity that has subscribed hereto as a Beneficiary in accordance with the requirements of Pa��agaphs 3.1 and 3.2(a) of this Agreement and each Designated Beneficiary. "Beneficiary Enr•ollment Form" means the form used by InnovaSafe for the addition of a Beneficiary or Beneficiaries to this Agreement in accordance with the requirements of Paragraph 3 hereof, as such form may be modified or replaced by InnovaSafe in its sole discretion from tirne to time during the term of this Agreement. A copy of the current Benefciary Enrollment Form is attached hereto as Exhibit B and incorporated herein. "Designated Beneficiary" means and includes any person or entity that has not subscribed hereto as a Beneficiary pursuant to Paragraph 3.2(a), but has been designated by Depositor as a Beneficiary hereof in accordance with the requirements of Paragraphs 3.1 and 3.2(b) of this Agreement. Each Designated Beneficiary shall have the rights and obligations of a Beneficiary under this Agreement, including but not limited to the conditional rights set forth in Paragaph 4 of this Agreement. "Description of Escrow Deposit" means a generai description of the Software and the Escrow Deposit as set forth on Exhibit A attached hereto and incorporated herein. "Escrow DeposiP' or "DeposiP' means the copies of the Source Code, drawings, computer intellectual property, documentation, web site content, trade secrets, and other related material, deposited with InnovaSafe by the Depositor, or otherwise held by InnovaSafe pursuant to the terms of this Agreement. "License AgreemenP' means any agreemeni pursuant to which Depositor licenses the Software to a Beneficiary in object code form. "Replacernent" means a Deposit relating to any complete change, modification, enhancement or alteration of the Source Code since the last Deposit which completely replaces all of the previous Deposits. "Soft�vare" means the software that as of the date hereof is licensed by the Depositor to a Beneficiary pursuant to a License Agreement, and which is generally described in the Description of Escrow Deposit. "Source Code" means the Software in source code form, including all documentation and inshuctions necessary to maintain, duplicate, compile, interpret and install the source code fot• the Soflware. "Update" means any modification, update or revision of any Software that is subject of the Escrow Deposits cun•ently being held by InnovaSafe. 2. DEPOSIT PROCEDI7RES 2.1 Initial, Additional; and Duplicate Deposits: (a) Within thirty (30) days of the Effective Date of this Agreement, Depositor agrees to deposit with InnovaSafe, copies of the Source Code for the version of the Software as licensed under a License Agreennent. With such delivery, Depositor agrees to provide InnovaSafe with a completed Description of Deposit (Exhibit A). (b) Depositor also agrees to deposit with InnovaSafe the Deposit for each Update or Replacement within thirty (30) days after its IS2ex v09.2 OO 2009 InnovaSafe, Inc. All Rights Reserved Account#2738 Page 2 of 16 release, distribution, or other publication by Depositor in the ordinary course of business. With each such delivery, Depositor agrees to provide InnovaSafe with a completed Description of Deposit (Exhibit A). (c) Depositor shall deliver a duplicate Deposit (including all Updates) within five (5) days of receipt of a written request from an authorized representative of InnovaSafe. Without limiting the foregoing, Depositor shall deliver a duplicate Deposit (inclading all Updates) to replace any previous Deposit that is impaired due to a defect in or natural degeneration of the recorded medium. All duplicate Deposits may not be encrypted, except for an Update or Replacement Deposit that is transmitted to InnovaSafe in accordance with Paragraph 2.2. (d) Notwithstanding any other provision of this Agreement, InnovaSafe shall have no obligation to return to Depositor any Deposit. 2.2 Encrypted Electronic Deliveries: Subject to the prior ageement of InnovaSafe and Depositor regarding delivery and decryption protocols, Depositor shall have the option but not the obligation to encrypt and transmit the encrypted Deposit for each Deposit over the Internet using InnovaSafe's SafeDeposit services. InnovaSafe shall not be liable to Depositor or Beneficiary for any encrypted Deposit, or any part thereof that is transmitted over the Internet.. 2.3 Denosit Receipt Notification: For each Deposit, InnovaSafe will issue a receipt to Depositor, accompanied by a general list or descr•iption of the materials deposited. InnovaSafe shall notify Depositor and Beneficiary of receipt of each Deposit by electronic mail ("email") to the email address described in Paragraph 10 of this Agreement or the Beneficiary Enrollment Form, as applicable, within thirty (30) days following receipt by InnovaSafe of the Deposit. 2.4 Technical Verification of De osit: Any pariy may request that InnovaSafe perform a deposit verification of the Deposit. Any charges and expenses incuned by InnovaSafe in calrying out a deposit veriFication will be paid by the party requesting the deposit veri�cation, unless otheiwise agreed to in writing. Limitations: Except solely in connection with the performance by InnovaSafe of a deposit verification or another technical verificarion that has been requested and agreed to by the parties in accordance with this Agreement, InnovaSafe shall have no obligation to determine the physical condition, accuracy, completeness, functionality, per-foimance or non-perfoimance of any Deposit or whether the Deposit contains Source Code. � 2.5 Failed Deliveries, Dut� of Care and Sub-Contractors: (a) InnovaSafe will not be responsible for procuring the delivery of any Deposit. (b) InnovaSafe shall perform all of the duties required by this Agreement diligently and in good faith. Except as expressly stated in Section 2 of this Agc•eement, InnovaSafe shall have no duty of care, 'rnquiry or disclosure, whether express or implied. (c) Any and all sub-conn•actors performing verification or• other services on behalf of InnovaSafe shall be subject to the sarne duty of care as TnnovaSafe. 3. BEN�FICIARY ENROLLM�NT PROC�DURES 3.1 Enrollment of Beneficiaries: After InnovaSafe's acceptance of the initial Deposit, Depositor may join additional Beneficiaries, or name Designated Beneficiac•ies to this Agreement at any time and from time to time, in its sole and absolute discretion, provided that (a) at the time of entering into this Agreement the Depositor and the proposed Beneficiary or Designated Beneficiary are parties to a License Agreement; (b) Depositor is not in breach of this Agreement; (c) all fees and costs required to be paid to InnovaSafe undei• this Agreement have been paid; and (d) the proposed Beneficiary completes, signs and delivers the Beneficiacy Enroliment Form as required hereunder or Depositor provides a written execution and deliveiy of the E�ibit Bns, Beneficiaiy Enrollment Form foz� a Designated Beneficiary, as applicable. 3.2 Beneficiary Eru•ollment Foi7ns: (a) Each person or entity that subscribes as a Beneficiary to this Agreement shali be requu•ed to agree to the terms hereof and indicate such agreement by delivering to Depositor and InnovaSafe the completed Berieficiary Em•ollment Form (Exhibit B) that has been signed by an authorized representative of Beneficiary. A person or entity that has not subscribed hereto as a Beneficiaiy in accordance with the requirernents of this Agreement, including but not limited to, any other licensees of the Software, shall not have any rights hereunder and InnovaSafe shall have no duties to any such persons or entities, except as expressly provided in clause (b) of this Paragraph 3.2. (b) Subject to Paragraph 3.1 above, Depositor may name Designated Beneficiaries to this Agreement at any time and IS2ex v09.2 OO 2009 InnovaSafe, Inc. All Rights Reserved Account#2738 Page 3 of 16 from time to time, in its sole and absolute discretion, upon execution and delivery of the Exhibit Bns, Beneficiary Enrollment Form for a Designated Beneficiary. InnovaSafe shall issue an enroIlment letter and a copy of the Agreement, and any other applicable document required hereunder to the Designated Beneficiary upon receipt of the Exhibit Bns. All rights and obligations of a Designated Beneficiary expressly provided for hereunder, may be modified, supplemented, extended, terminated or assigned by Depositor and InnovaSafe at any time, and fi�om time to time, by amendment of this Agreement as further provided herein. Unless otherwise expressly set forth in an amendment to this Agreement as provided for in this Agreement, the rights and obligations of a Designated Beneficiary interests established hereunder shall not be modifted by (i) any waiver for the benefit of such Designated Beneficiary that is entirely conditioned upon the coznplete and continuous satisfaction of each of the per%rmance of and obligation required under this Agreennent, or (ii) any failure to enforce any following the execution of the form of acknowledgement attached hereto as E�►ibit D in which Beneficiary accept and agrees to be bound by the terms, conditions and obligations set forth in this Agreement, including, but not limited to, all obligations of Beneficiary set forth in Paragraph 4.4 of this Agreement, and all obligations of Designated Beneficiary set forth in Sections 9, 10 and 11 of this Agreement. No Deposit shall be released to any Designated Beneficiary until the Designated Beneficiary accepts and agrees to be bound by the terms, conditions and obligations in accordance with the requirements of this Agreement. 4. DEPOSIT RELEASE PROCEDUR�S 4.1 Conditions to Enforcement: Each Beneficiary shall have the right to enforce the Release Procedures described in this Paragraph 4 only if at the time of the requested release: (a) the License Agreement between Depositor and Beneficiary is in full force and effect, and Beneficiary is not in breach thereof; (b) the Beneficiary is not in breach of this Agreement; and (c) all fees and costs then due and owing to InnovaSafe shall have been paid in full. 4.2 Release Conditions: The release by InnovaSafe of the Deposit to Beneficiary as further provided in this Paragraph 4, shall be subject to the occurrence of one or more of the following conditions (each a"Release Condition"): (a) Depositor requests in writing that InnovaSafe release the Deposit to Beneficiary; (b) Depositor takes any action under any state corporation or similar law that will cause both the dissolution of the corporate existence of Depositor and the liquidation by Depositor of its assets; (c) Depositor has materially breached an obligation to provide maintenance or bug fixes to which Bene�ciary is entitled under the License Agreement and (i) such material breach will cause Beneficiary to incur immediate and substantial injury for which znoney damages, or such other remedies provided by the License Agreement, would be inadequate, (ii) Beneficiary is not in breach of the terms of the License Agreement and (iii) Beneficiary has terminated the License Agreement in accardance with the terms of the License Agreement; (d) Depositor's duly appointed trustee in a bankruptcy or dissolution proceeding of Depositor requests in writing that InnovaSafe release the Deposit to Beneficiary; or (e) A court of competent jurisdiction, or an arbitrator, if applicable, issues an order or judgment directing InnovaSafe to release the Deposit to Benefciary. 4.3 Release Procedures: InnovaSafe will release the Deposit to a Beneficiary subject io and in accordance with each of the following conditions: (a) Depositor may provide InnovaSafe with a written release request at any time, and a Beneficiary rnay provide InnovaSafe with a written release request following the occurrence of a Release Condition; (b) Provided that InnovaSafe has been paid all fees and costs then due and owing, InnovaSafe shall promptly deliver a copy of the release request to Depositor or such Beneficiary, as applicable (the "Notice of Release RequesY'); (c) If Depositor or Beneficiary objects to the requested release, then within thirty (30) days of the receipt of the Notice of Release Request, such party agrees to provide InnovaSafe with written notice of such objection, and to provide a copy of such notice to the party requesting the release, stating that a Release Condition has not occurred or has been cured, and instructing InnovaSafe not to release the Deposit as requested (the "Contrary Instructions"); (d) If TnnovaSafe does not receive Conh•aiy Insituctions within the time and in the manner required above, then InnovaSafe shall deliver a copy of the Deposit to such Beneficiary; (e) If InnovaSafe does receive Contrary Instructions within the time and in the manner required above, then InnovaSafe shall not deliver a copy of the Deposit to such Beneficiary, but shall continue to hold the Deposit until the first to occur of the following: (i) InnovaSafe receives joint written release insnuctions from Depositor and such Beneficiary; IS2ex v09.2 OO 2009 InnovaSafe, Inc. All Rights Reserved Account#2738 Page 4 of 16 or (ii) InnovaSafe receives a copy of an order or judgment of a court of competent jurisdiction, or the decision of an arbitrator, if applicable, dvecting InnovaSafe to act with regard to disposition of the Deposit. 4.4 Ri�hts in Bankru�tcy and Effect of Release: (a) 'I'he parties agree that this Agreement, as it may be modiiied, supplemented, or replaced from time to time, is not intended and shall not be construed to constitute an election of rennedies by any Beneficiary, or otherwise to supersede or foreclose any rights to which Beneficiary otherwise would be entitled under Title 11 United States Bankruptcy Code §365(n), as a licensee of intellectual property. (b) Upon receipt of the Deposit, and subject to the covenants, conditions, warranties and resh•ictions of this Agreement and the License Agreement, each Beneficiaiy shall have the right and hereby ag►•ees to use the Deposit, including copying and modification thereof, only as reasonably necessary for the sole purpose of enabling such Beneficiary to use the Software for its intended purpose (unless otherwise authorized by the express terms of the License Agreement). Each Beneficiary shall use commercially reasonable measures to protect the integrity, security and confidentiality of the Deposit. The foregoing does not grant, sell, assign or otherwise transfer to any Beneficiary any title to or ownership of all or any part of the Deposit or Software, or related documentation, or any other property of Depositor, and without limiting the foregoing, does not grant to any Beneficiary any right to publish, perform, adapt, create derivative works fr•om, or distribute the Software or any part thereof. 5. FE�S AND PAYMENTS 5.1 Fee Schedule, Pavments and Suspension of Performance: (a) The fees and charges of InnovaSafe are set forth on the fee schedule attached hereto as Exhibit C and incorporated herein. After the expiration of the initial term, InnovaSafe may increase its fees and costs on an annual basis by providing written notice of such increase at least sixty (60) days prior to the commencement of the next renewal term. (b) All fees, costs and any other amounts due and payable to InnovaSafe far annual service fees as provided hereunder, shall be paid by Depositor. Initial and annual fees rnust be paid to InnovaSafe within 30 days of the Effective Date and on each anniversary thereof. All other amounts payable to InnovaSafe shall be paid within thirty (30) days from the date of invoice to Depositor or Beneficiary, as applicable. Any release fee under this Agreement shall be paid by the Beneficiary requesting release of the Deposit. Neither Depositor nor any Beneficiary shall be entitled to any refunds, withholds, offsets, reductions in, or deductions from, any payments due to InnovaSafe hereunder. (c) In addition to and without limiting any other right or remedy to which InnovaSafe may be entitled, InnovaSafe shall have the right, in its sole discretion, to suspend the performance of any or all of its obligations hec•eunder for so long as any amount due hereunder remains unpaid in whole or in part. 6. T�RM AND TERMINATION 6.1 Tei7n: This Agreement shall have an initial term of one •year from the date hereof unless earlier terminated as provided herein. At the expiration of the initial term, this Agreement shall automatically renew from year to year thereafter until this Agreement is terminated in accordance with the terms hereof. 6.2 Termination for Cause: (a) Notwithstanding the foregoing, this Agreement shall terminate as to each specific Benefciary immediately and automatically upon either the expiration of the applicable License Agreement between such Beneficiary and Depositor, oi• the earliei• termination of the applicable License Agreement between such Benefciary and Depositor, whichever is applicable, provided, however, that in the case of terinination (as distinguished from the expiration) of the applicable License Agreement between such Beneficiary and Depositor, such termination has been effected by Depositor in accordance with the requu•ements of the applicable License Agreement. (b) InnovaSafe shall have the right to terminate this Agreement as to all parties or�as to any Beneficiary, in the event of non-payment of any fees or other amounts due and payable to InnovaSafe oi• its designee, or if Depositor otherwise breaches any material term of this Agreement, provided, however, that written notice of such breach is given to all applicable parties. If Depositor or the applicable Beneficia�y fails to cure such breach within five (5) business days of the date such notice is delivered, then InnovaSafe shall have the r•ight to terminate this Agreement by sending written notice of termination to Depositor and all applicable Beneficiaries, and further provided, however that if payment is due from a Beneficiary and not from Depositor, then InnovaSafe may terminate this Ageement only as to that Beneficiary. InnovaSafe shall have no obligation IS2ex v09.2 O 2009 InnovaSafe, Inc. All Rights Reserved Account#2738 Page 5 of 16 to perform any obligations under this Agreement so long as such breach remains uncured, including but not limited to, the receipt or release of any Deposit as required under this Agreement. Any party may cure amounts past due, whether or not such party is obligated under this Agreement. 63 Termination Without Cause: (a) After the expiration of the initial term of this Agreement, Depositor shall have the right to terminate this Agreement without cause, in its sole discretion, by giving each Beneficiary and InnovaSafe written notice of its intent to terminate this Agreement at least forly-five (45) business days priar to the expiration of the initial term or the next renewai term, whichever is applicable; (b) Notwithstanding any other provision hereof, at any time during the term of this Agreement, InnovaSafe shall have the right to terminate this Agreement without cause, in its sole discretion, by giving Depositor and each Beneficiary written notice of its intent to terminate this Agreement at least ninety (90) days prior to the date sei for termination. During such 90 day period Depositor shail have the right to provide InnovaSafe with written instructions authorizing InnovaSafe to return the Deposit, and if InnovaSafe does not receive such written inshuctions from Depositor within the foregoing 90 day period, then InnovaSafe will use good faith in an attempt to return any Deposit in its possession to Depositor, or if TnnovaSa% is not able to locate the Depositor after such attempts, then InnovaSafe may destroy the Deposit. InnovaSafe shall continue to be entitled to payment at its then current fees and charges (notwithstanding the termination date speciiied in its notice) until the Deposits are returned or destroyed. Notwithstanding anything to the contrary herein, innovaSafe shall refund all fees paid hereunder in the prorated amount atlributable to the time period after termination of the is Agreement pursuant to this provision; (c) A Beneficiary may not tertninate this Ageement; (d) This Agreement shall terminate automatically, in the event that copies of the Deposit are released to all qualified Beneficiaries as provided by this Agreement. 6.4 Disposition of Deposit: Upon the termination of this Agreement, the following shall apply: (a) all amounts then due and owing to InnovaSafe hereunder shall be paid in full; (b) if the termination is as to all Beneficiaries, then InnovaSafe will return any Deposit in its possession to Depositor, and (c) if InnovaSafe does not receive written inshuctions from Depositor authorizing InnovaSafe to return ali Deposits, or if InnovaSafe is not able to locate Depositor after reasonable attempts, then InnovaSafe shall destroy the Deposit. 6.5 Survival of Certain Obli�ations: Upon the termination of this Ageement, all future and continuing rights and obligations established hereunder will terminate, except: (a) the obligations of each parly to maintain confidentiality, as defined herein; (b) the obligations of the parties under Paragraphs 6.4, 8.3 and 9.4 of the Agreement; and (c) any claim or cause of action for breach of this Agreement, or for indemnity or contribution under Paragraph 9.3 of the Agreement, existing as of ihe date of termination, which claim or cause of action will remain in full force and effect until such rights and obligations are fully discharged. • 7. REPRESENTATIONS AND WARRANTIES OF DEPOSITOR 7.1 No Conflicts: Depositor represents and warrants to each Beneficiary and to InnovaSafe that the grant by Depositor to Beneiiciary of the rights granted hereunder, the Deposits made pursuant hereto, and the implementation of this Agreement in accordance with its terms, do not and will not conflict with, violate or infringe upon (a) any rights or interests of any person or entity not a party to this Agreement, (b) any terms of any express or implied contract between Depositor and any other person or entity, or (c) any judicial or administrative order, award, judgment or decree of any state or country applicable to Depositor, or (d) any laws, rules or regulations of any country from or to which any Deposit may be delivered in accordance with the provisions of this Agreement, including but not limited to, customs laws, import, export, and re-export laws. 7.2 Usability of Source Code: Depositor represents and warrants that the Deposits made to InnovaSafe will, at all times, (a) be the version of the current release of the Software, as offered by Depositor to the Beneficiaries or other licensees in the ordinaiy course of business from time to time during the teim of this Agreement, (b) be understandabie and useable by a reasonably skilled progammer or other professional to understand, maintain, and correct the Software without assistance of any other person, (c) contains suffcient documentation to enable such a skilled programmer or other professional to understand and use any proprietary languages or progamming components that such a skilled programmer or other IS2ex v09.2 O 2009 InnovaSafe, Inc. All Rights Reserved Account#2738 , Page 6 of 16 professional could not reasonably be expected to understand, and (d) includes all the devices, programming, and documentation necessary for the maintenanee of the Software by the Beneficiary upon release of the Deposit pursuant to this Agreement, except for devices, programming, and documentation commercially available to the Beneficiaries on reasonable terms through readily known sources other than the Depositor. 8. R�CORDS, REPORTS, ADMINISTR.ATTON 8.1 Records of Deposits: InnovaSafe will maintain written recards of all Deposits made by Depositor pursuant to this Agreement. InnovaSafe shall be entitled to rely on the completeness and accuracy of all information, documents and znaterials provided to InnovaSafe by Depositor, Beneficiary or any other person or entity, in connection with this Agreement. Depositor shall be entitled at reasonable times during normal Innova5afe business hours and upon reasonable notice to InnovaSafe to inspect the records of Deposits maintained by InnovaSafe pursuant to this Agreement. Beneficiary shall be entitled at reasonable times during normal InnovaSafe business hours and upon reasonable notice to both Depositor and InnovaSafe, to inspect the records of Deposits maintained by InnovaSafe pursuant to this Agreement, provided, however, the right of each Beneficiary to inspect such records of Deposit shall be limited to only those records that pertain to the requesting Beneficiary. 8.2 Intentionally Omitted 8.3 Confidentialitv and Storage of Deposits: (a) InnovaSafe wiJl protect the confidentiality of the Deposit and all proprietaiy information of Depositor incorporated therein. Except as othetvaise required to carry out its duties under this Agreement, InnovaSafe will not permit any unauthorized person access to the Deposit. If InnovaSafe receives any order fi•om a court or other judicial oi• arbitral tribunaI pertaining to the disclosure or release of the Deposit, InnovaSafe will immediately notify the parties to this Agreement unless prohibited by law. Challenge of any such disclosure or release order shall be the sole responsibilit}� of Depositor and Benefciary. InnovaSafe does not waive its rights to pr•esent its position with respect to any such order. No party has the right to require InnovaSafe to disobey any order from a court or other judicial or arbitra] tribunal. (b) InnovaSafe shall implement measures to maintain the security of all Deposits including, but not limited to, the storage of all Deposits in secured locked facilities. 9. DISPUTE R�SOLUTTON AND CLAIMS 9.1 Reliance and Suspension of Performance: (a) InnovaSafe shall have no responsibility for determining the genuineness or validity of any instruction, document or other item given to oi• deposited with it, and in the performance of its obligations under this Agreernent shall be entitled to rely upon any email oz• written notice, instruction or request furnished to InnovaSafe by any of the pa��ties hereto if such instructions are believed by InnovaSafe to have been given by a designated representative ("Designated Representative") identified by the applicable pa�•ty. With respect to the Depositor, the initial Designated Representative shall be Gerald Salzman. Each Beneficiary shall identify its Designated Representatives on Exhibit B or E�ibit Bns, as applicable. If no Designated Representatives are identified, all employees of Depositor and any Benefaciary, respectively, are conclusively deemed to have proper authority to act on behalf of such party hereunder. InnovaSafe shall have no responsibility with respect to the Deposit other than to follow such insh•uctions as may be provided herein. (b) If any controuersy exists between or among the Depositor and any of the Beneficiaries hereto, or wzth any other person or entity with respect to the Deposit or the subject matter of this Agreement, InnovaSafe shall not be required to determine the same or take any action with respect thereto, but in addition to and without limiting any other right or remedy to which InnovaSafe may be entitled, InnovaSafe. shall have the right, in its sole discretion, to suspend the performance of any or all of its obligations hereunder for so long as any such conflict or cont�•oversy may exist hereunder. 9.2 Intentionally Omitted 9.3 Indemnification : Depositor, on the one hand, and each Beneficiary on the other hand, jointly and severally, agree to inderrutify, defend and hold harmless InnovaSafe and its directors, officers, agents and employees (collectively "InnovaSafe") from and against any losses, claims, damages, judgments, assessments, costs IS2ex v09.2 �O 2009 InnovaSafe, Inc. All Rights Reserved Account#2738 Page 7 of 16 and other liabilities (collectively "I,iabilities"), and will reimburse InnovaSafe for all reasonable fees and expenses (including the reasonable fees and expenses of counsel) (collectively, "Expenses") as they are incun�ed in investigating, preparing, pursuing or defending any claim, action, proceeding or investigation, whether or not in connection with pending or threatened litigation or arbitration and whether or not InnovaSafe is a party (collectively, "Actions"), relating to this Agreement or arising out of or in connection with the services rendered or to be rendered by InnovaSafe pursuant to this Agreement, or any actions or inactions of InnovaSafe in connection with any such services or this Agreement; provided that Depositor and Beneficiary wi11 not be responsible for any Liabilities or Expenses of InnovaSafe that are determined to have resulted from the gross negligence or willful misconduct of InnovaSafe in connection with any of the services, actions, or inactions refened to above. 9.4 Mediation and Arbitration: (a) In the event of any controversy, dispute or claim between InnovaSafe and any other party hereto that arises under or otherwise relates to this Agreement, the parties agree that the dispute shall be submitted to mediation facilitated by a mediator as mutually approved by the parties, which approval shall not be unreasonably witi�held or delayed by either party ("Mediator"). The parties agree to participate in good faith in the mediation conferences. Each parLy shall bear one-half (or its proportionate share if there are more than two parties) of the costs of the mediation, including the Mediator's fees. (b) If the parties are unable to resolve the claizn, controversy or dispute through mediation, then it shall be decided by arbitration in Los Angeles County, California, in front of a single retired judge through the Judicial Arbitration and Mediation Service or, in its absence, any similar organization providing the arbitration services of retired judges ("JAMS"). If for any reason within 30 days of an arbitration demand, any other party to the Agreement fails to state in writing that it will cooperate in selecting the sole arbitrator, then the remaining party shall select the arbitrator. If for any reason the sole arbitrator is not selected within 45 days of the wr'rtten arbitration demand, then JAMS shall have sole authority to assign one of its retired judges as the arbitrator that has experience with intellectual property law. The parties shall be entitled to discovery to the full extent provided in civil actions pending in the Superior Court for Los Angeles County, with the arbitrator deciding any controversies arising during and with respect to discovery. The decision of the arbitrator with respect to any issues submitted for determination shall be final and binding on all of the parties to this Agreement, provided, however that the arbitrator shail not have the power to award punitive or exemplary damages. Not less than 21 days before the %rst scheduled session of the arbitration hearing, each party shall deliver to the other: (i) a complete list of the names of the witnesses that the party will call to testify at the hearing; and (ii) a complete and accurate copy of each document the parly will offer in evidence at the hearing, excluding witnesses and documents that are used for impeachment. . 9.5 (a) Disclaimer of Warranties: InnovaSafe expressly disclaims any and all warranties, express or implied, in connection with this Agreement, or its implementation, or arising out of a course of performance, dealing, or trade usage, including, without limitation, any warranties of title, non infringement, merchantability, fitness for a particular putpose, defect, workmanship or uninterrupted or error-free use or operarion. (b) Limitations of Claiuns and Consequential Damages Limitation: (i) No action or claim against InnovaSafe arising out of or in any way relating to this Agreement may be instituted after the first to occur of the foilowing: (a) the expiration of the period of limitation required by applicable law; (b) the expiration of two (2) years after the event giving rise to such action or claim, or (iii) the expiration of one (1) year after the date upon which the claiming party discovers, or reasonably should have discovered, the facts giving rise to such action or claim. (ii) In no event shall any party, its affiliates, or any of its or their representatives be responsible or liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, but not limited to, loss of data, savings, revenue or profits), even if such party, its affiliates, or any of its or their representatives has been advised of the possibility of such damages, including but not limited to, any damages fi•om the use of, intei7vption of use, or inability to use any soflivare or any data related thereto. (c) Limitation of Liabilitv: In no event shall the total collective liability of InnovaSafe, its affiliates, and any of its or their representatives arising out of or relating in any way to this Agreement or it implementation exceed the total amounts paid or payable by the depositor or Benefciary to InnovaSafe hereunder, provided, however, that the foregoing limitation does not apply to damages (excluding damage to the Deposit media) that are determined by a judgment of a court of competent jurisdiction which is no longer subject to appeal or further review to have resulted from the gross negligence or willful misconduct of InnovaSafe.. (d) Proceedin�s: If InnovaSafe is threatened to be made a party, required, compelled to be a party to, assist in, otherwise pai�ticipate, or otherwise becomes IS2ex v09.2 � �O 2009 InnovaSafe, Inc. All Rights Reserved Account#2738 Page 8 of 16 involved in, whether as a witness or in any other capacity, in any investigation, audit, action or proceeding, whether judicial, arbih•al or administrative, instituted by Depositor, Beneficiary, or any third party (collectively, a"Proceeding") then in any such case Depositor and Beneficiary each agree to pay in advance, upon receipt of written demand therefor fi•om InnovaSafe, any and all reasonable expenses that may be incurred by InnovaSafe in connection therewith, which shall include, without limitation, reasonable attorneys' fees, disbursements and z�etainexs, court costs, transcript costs, fees of accountants, experts and witnesses, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other expenses of the types customarily incurred in connection with prosecuting, defending, prepaz•ing to prosecute or defend, investigating, or being or preparing to be a witness or other participant in a Proceeding. 10. NOTICES 10.1 Notices and Notice Address: Except as otherwise provided herein for Deposits or notices of Updates and Replacements, all notices, requests, demands, or other communications required or pernutted under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes if done by personal delivery, or elect�•onic mail, or First Class Mail, or Certified Mail, or commercial overnight delivery service (DHL, FedEx, UPS), or facsimile transmission. Any correctly addressed notice that is refused, unclaimed, or undelivei•able because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delively service. Any party may change its contact information by giving the other party notice of the change in any nnanne►• permitted by this Agreement. Any party has the option to update their contact information with InnovaSafe using the "Change of Status" form on our website, http://www.innovasafe.com/update.html. DEPOSITOR: Contact Name: Gerald Salzman Title: President Street address: 915 E. lst. St. City, State, Postal Code Los Angeles, CA 90012 Counhy: USA Phone: 213-229-5300 Facsimile: 213-229-5481 Email: c/o claudia nading daily'ournal.cozn Purchase O�•der (if applicable): NA INNOVASAFE, INC. Corporate Address: 28502 Constellation Road, Valencia, California, 91355-5082 USA Mailing Address: PO Box 800256, Valencia, California 91380-0256 USA Phone: USA D'u�ect: 1-800-239-3989 International Direct: 1-661-310-1810 Facsimile: 1-661-295-5515 eMail; ciientservices@innovasafe.com BENEFICIARY: As set forth in Exhibit B or �xhibit Bns. 11. MISCELLAN�OUS PROVISIONS 11.1 Indenendent Conh•actors: The parties are independent conh�actors, and no party shall be held to be a fiduciary or trustee, or to have any fiduciary obligation, to any other party, or shall be considered, by entering into or performing any obligation under this Agreement, to assume or become liable for any special duty, or any existing or future obligations, liabilities or debts of the other party. No employee or agent of one party shall be considered to be an employee or agent of any other party. IS2ex v09.2 � 2009 InnovaSafe, Inc. All Rights Reserved Account#2738 Page 9 of 16 11.2 Com�lete Statement Interpretation and Modiiication of A eement: The parties hereto acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. The parties further agree that this Ageement is the complete and exclusive statement of their agreement with respect to the subject matter hereof, and supersedes all oral or written proposals, understandings, representations, warranties, covenants, and communications between the parties relating hereto. InnovaSafe is not a parly to any License Agreement and no provision of any License Agreement shall be construed to apply to InnovaSafe or otherwise give rise to any obligation of InnovaSafe. Each paz-ty and its counsel have participated fully in the review and approval of this Agreernent. Any statute or rule of law to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by Depositor and InnovaSafe, and by each Beneficiary if it affects any material right or obligation of such Beneficiary provided hereunder. No course of performance by the parties hereunder shall be deemed to constitute an amendtnent of this Agreement. ll 3 Waiver: No waiver of a breach, failure of a condition, or any right or remedy contained in or granted by the provisions of this Agreement shail be effective unless it is in writing and signed by the waiving party. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 11.4 Attorneys' Fees: In any litigation, arbitration or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded reasonable attorneys' fees, together with any costs and expenses, to resolve the dispute and to enforce the imal judgment. 11.5 Force Majeure: Except for obligations to make payment as indicated herein, no pariy shall be held responsible for any act, failure, event, or circumstance addressed herein if such act, failure, event, or circumstance is caused by conditions beyond such parly's reasonable control. 11.6 Due Authorization, No Third Part�Ri�.hts, Partial Invalidity, Headin�s: (a) Each party represents and warrants that the execution, de�ivery and performance of this Agreement has been duly authorized by all necessary corporate, parinership, or limited liability company action. (b) This Agreement is made solely for the benefit of the parties to this Agreement, the Designated Benefciaries, and their respective permitted, authorized and acknowledged successors and assigns, and no other person or entity shall have or acquire any right by virtue of this Agreement. (c) If any provision of this Agreement is held illegal, unenforceable, or in conflict with any law of any federal, state or local government having jurisdiction over this Agreement, the validity of the remaining provisions hereof shall not be affected thexeby. (d) The headings in this Agreement are included for convenience only and shall neither effect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties to this Agreement. ll.7 Governin� Law: The validity of this agreement and any of its terms or provisions, as well the rights and duties of the parties under this agreement, shall be construed pursuant to and in accordance with the laws of the State of California, and each party to this agreement specifically agrees to submit to the jurisdiction of the courts of the State of California. 11.8 Instructions to InnovaSafe: This Agreement shall constitute instructions to InnovaSafe as escrow agent. In addition, Depositor and each Beneficiary agrees to execute, deliver and be bound by any supplemental or general policies or procedures of InnovaSafe or such other instruments as may be reasonably required by InnovaSafe in order to perform its obligations as contemplated by this Agreement. In the event of any conflict or any inconsistency between such policies or procedures and any provision of this Agreement, the provision of this Agreement shalI control. 11.9 Authorization to Copv: Depositor authorizes InnovaSafe to use and copy the Deposit as determined by InnovaSafe in its soIe discretion as necessary for the performance of its obiigations hereunder, including but not limited to, performing any Deposit verification testing as authorized IS2ex v09.2 O 2009 InnovaSafe, Inc. All Rights Reserved Account#2738 Page 10 of 16 hereunder, provided, however, that the foregoing authorization does not grant, sell, assign or otherwise transfer to InnovaSafe any title to or ownership of any part of the Deposit or Software, or related documentation, or any other property of Depositor, except for the media upon which the Deposit is recorded, title to and ownership of which shall pass to InnovaSafe as provided herein. 11.10 Counterparts, Pacsimile and Scanned Copv: This Agreement may be signed in one or more counteiparts, by facsimile or scanned copy each of which shall be deemed an original, but all of which taken together shall constitute one and the same instcument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date below the signatures. DEPOSITOR BY: i Signature INNOVASAF . BY: Signature Name: Gerald L. Salzman Title: President Date: �/��//D IS2ex v09.2 Account#2738 Name: e\�o°J `i � �' "'�� Title: `��� �n �'� G�-o F� Date: (��ULi� �O 2009 InnovaSafe, Inc. All Rights Reserved Page 11 of 16 ExHc$YT A DESCRIPTION OF DEPOSIT TNNOVASAFE ACCOUNT # 2738 THIS FORM MUST ACCOMPANY EACH DEPOSIT TO IIVNOVASAFE. PLEASE SEND ALL DEPOSITS TO THE INNOVASAF� CORPORATE OFFICES LOCATED AT: 28502 CONST�LLATION ROAD, VAL�NCIA, CA, 91355 USA The Ex. A can also be completed online at: http://www.innovasafe.com/e�ibitA.html D�POSITOR CONTACT TNFORMATION: _ �__ , . _ ._� I `-4mpa�?Y:_ ._ ,.._. _, � Contact . r ,._. .. , _ .. ,,. __ _ .. _ ,. _ ._ . ; . _ _�_. _.__. __. ...._ a_....__ _ _....._. _..� i � .� ��� _ _.. _..�_.. ; _ Trtle EmaiL• � __..._- . .____ ___..__ . .._._.... __....__ ,... _�__..�. .._.� _ ___ ...___ _ ,._._.._ .__..__ _..._ ---__ __...._..._ ; St. Address � � City/State ' � � _ _ _.. -- -- ---- — --- ----- ---.. __� _ ._--- -- -- -- --- - _.. �Postal Code ,, Counhy_ ` # _.__ ., , __ ____... . �. _._. � _ _ __ _. __ � -- +-__ _ ._.__ _ � Tel # ` Fax #• S�_.__ .. .._._- - - __._ . ... . _...._ _.._ . : ............ ........ . .--... _� . _.._ --- - __ _ � Deposrt Details ;; . - -._._ ._.__ -- __ __ _ �__- ---.._- ---- - ---- -- - - --- �_ __._ Media Type (CD, DVD, ';' Indicate hardware used to DAT etc. ) ; � create deposit. I __ . _. _ r—= Number of Medta � ; i Tnd►cate operat�ng systems _._. . ,..... ._ , _._..._. __..__....... ._. �..... � ...__ ___ ; used _ ..�. __... ..._... .,,._,.. ..,...., �.......{� .......... ....�_.; , � ;'s Indicate backup , Copies (1 or 2) 3 j , __. _. ._,_.. .. . . _... _ ... _ _. _ .. _.__ . __ �_.�__ _.__.__ _.� . _��..command/software used. , _ . .__.__ __...__ _..___. ___.� ___.. ___..�.._--- . ��� _ Product s Name: ;i Indicate software � � ; _ _ � � i � � compression used: ' _ _ _ _ _ -- _ __ --------- -- _ __.._ — ----- -_— ----- r --- _-- ---- - -- -------.._ ...,— - -- -- - ,� � � iI Indtcate whether ` � Product Version � encryption/password �f , _ ; _ ;; protection was used: 4 ; ___ _ _ � i What computer lan uage ` t � �--Y ._. ._ __. .._ _ _ _ _.. � . . ;j was the source written ' g __ .. _.... _....,_. . .._ _ ___ - . ...._ _,_ a._.__, . .... ��� � Approximate size of the � �� ', �� data on the med�a. � . ..... .�.....w_., .._.: .. ., .,��..... .,_ m,.i (MB/GB).. _...,. TXPE OF DEPOSI'I' (REQUIRF,D): �Please Check Only One Box ❑ Initial Deposit ❑ Update Deposit ❑ Replacement Deposit IF THIS TS A REPLACGMENT DEP(3SiT, PLEASE INDICATE WH�THER WE SHOULD R�TURN OR DESTROY TH� PREVIOUS DEPOSIT(S): ❑ Return OR ❑ Desti•oy (Checking this box authoi•izes InnovaSafe to Destroy the p►•evious deposit(s)) If this deposit is to be retucned or desti•oyed, please indicate in the space below the name and version of the previous deposit(s) you would like to replace. If you would like to replace all previous deposits select "All": , ❑ All or Specific Deposits (list here): IS2ex v09.2 Account#2738 �O 2009 InnovaSafe, Inc. All Rights Reserved Page 12 of 16 EXHIBIT B BEN�FICIARY ENROLLMENT FORM IrnvovASaF� AccourrT # 2738 This form can be completed online. Go to http://www.InnovaSafe.comlExhibitB,html The undersigned Beneficiary hereby aclrnowledges, accepts, and agc'ees to be bound by the terms of the above- referenced Software Source Code Escrow Agreement by and between InnovaSafe, Inc., a California corporation, as intellectual property Escrow Agent and Sustain Technologies, Inc. as Depositor, on this day of , 20 (the "Agreement"). B�NEFICIARY IN�ORMATION: *This contact person will receive ALL deposit and update deposit notifications. ❑ Check here if there is an alternate contact person or additional Designated Representatives and list them on the back of this form. ... �m _ � . .... . . _. __ ! Company , i Designated Representative ': _ _ _ _, .. ._,... _ __ __ �� Trtle ; ( Email: � ' _ . _.. __. _ --- -- ,- —__ :_ _-_ -_ : ----- ---- _ . 1� St Addiess , Clty/State j _ __ _ � �� Postal Code . _.� .. . r. ,, ..,. ,�.,� ... . .. � ..__ , . u . . .�� ( C, ounh'3' _ . . _ , ` � ��=� _. _. r�_ . ._.._ __ . _ �,....._.. ._ _. Tel #: '' Fax #: ; __ _ _ ._...___ . .____ __... _...._._ . --..._ _ .__ _ _. � __ -- Signature (Reyuired): D�POSTTOR INTORMATION: _. _ _._ - . . � Company_ _ ._ Contact ., � ° , . . , .. .� .._. .._ ,... . � ._ _. . . . _ E � Trtle: � � Email: � _. -- _.._ __ . _ _ _. . ._ ._... __. ; _ . _._ i St_ Address _; City/State j F __ � - _ ._ _ _ -_=--=-- --- =- --- --_ _-- - -- _, ;) Postal Code _.._. ,._ _ _. ..__ ___ _ . _._ . _'� Country. ___... . __ . .._.. _.____. , _ � Tel #. ; �Fax #: PLEASE LIST WHICH SOFTWARE PACKA.GE(S) THIS BENEFICIARY IS �NTITLED: �^�! See Ex. "C" Party responsible for: ❑ Depositor Party responsible for: ❑ Depositor Schedule of P'ees Annual Deposit fee: ❑ Beneficiary Annual Beneficiaiy fee: ❑ Beneiiciary Invoicmg, Contact (Reqpi� ed): . . . ... . . ., .. . _ ., _ . --- �De�osrto? ...._......._. .. .. ,. .. ,. .�, .._... ..._.,� Bene�c�ary: . . _ _ ...._.. ; Contact Name: � I Contact Name ....___ .. _....._ _ _-.._ __. ___._. _.__ , _..., ._. ., __ __ _ __ __... _. ___. . ..._ .. _.__. . I Address: � �i t Address: • � � . _ �--- _ _ - - -- --- _- --- -_ ---- __ -=-- _= _-_ ---:_ _� .; �^ Phone _ j � Phone i ��.Fax _ _ . ___._ ;� Fax _. — - . .. .._ _,. . ,. � . . _ _.. _ . . . . .. , . . ..� � . _.. . ... . ,, _. .. ..�_ . _... ..__.. ,. ... ., _,._ .., ... ._ ; eMail: ; � eMail: ___ . �.. . --- ___ � PO# _ ___ f PO#: _ _... _ _ _ ----_ . ._- ------ ----� ___----- �-----___ - ------- ----- ------ -- _ . .� Please return this form to: ;i InnovaSafe, Inc. -- - - - - - -- . _.._-- ----- � ; � � � PO Box 800256 ; I_._ _ __ .__ _ ..__, _.-. _ . _ -_.. _ ; � Valencia CA 91380-0256 USA ' __._ _.._.. _.. _ _.._. .�.. __ . - _ ___ _ IS2ex v09.2 OO 2009 InaovaSafe, Inc. AI1 Rights Reserved Account#2738 Page 13 of 16 �XHIBIT $NS B�NEFTCIARY ENROLLMENT FORM INiVOVASAFE ACCOUNT # 2738 Pursuant to this Software Escrow Agreement, Depositor hereby enrolls the following as a Beneficiary. BENEPICTARY INFORNfATION: *This contact person will receive the Beneficiary enrollment notification. ❑ Check here if there is an alternate contact person or additional Designated Representatives and list them on the back of this form. Company: _ _ Title: _.._ __.. -------- --------- St Address: Postal Code Tel #: i ; Contact: _. _._ __.._ _ _ .. _ .... _.____. ___ ___.._._ _._ ; _ ; Email: � ____ _ __ , ____ .. ._._:__.. _---_. __ .. . _____ __._____ __. , ------------------, -----------------------.._.—.------------_, �___,_ _ ___._ � City/State. _ _ _: Country � � ...__ .._... ...__.. . _,....a .�.... . ,. ..._ . ....... .. ......._ _ .. .,,�. . �..._.�...� , , _...� _____� ; , ; Fax #: _ ; PLEASE LIST WHICH SOFTWARE PACKAGE(S) THI5 BENEFICIARY TS ENTITLED: DEPOSITOR INFORNfATION: _ _ _ _ __ __. _ _. �` __ _ � ; _Com�any ; Contact ; Trtle ' Email ,�._-.___..� �._._. _., .__._ __..- .. _,_u_ ._..__... � _ __. . ,____. . - - __ .._., .. . _ ,. ' St Address: � Ci /State ;�.._, �_..._ . .__... .._._.__ _____... . _.. ,_.._._.., _.._ __ __. �'-- __ _. ___ ___. _._ . ! Postal Code: T ; Country _._ _ _ _` -= �_ _ _� _ - - -_ _-- -- �� _ --- -- - = ; � _Tel # _ . j Fax #: Signature (Itequired): Date: See Ex. "C" Party responsible for: ❑ Depositor Party responsible for: ❑ Depositor Schedule of Fees ,4nnual Deposit fee: ❑ Beneficiary Annual Beneficiary fee: ❑ Beneficiary Invoicin� Contact (Required�: . ___... __.. . _ _.__._ . ...____._ --___ ____,_ --_. ___._. __ ___ _---- _---_. ____ _.___. _ _ _ . .. __._ — ----- --, Depositor Bene�ciary: � - _ � __ __ � _ r __ __ � _.._ _._ --- - Contact Name i Contact Name � . .... _.... _...__... ... .._.. _. .. _.: ..... ... ... .. __,_ _._. __ __� Address: ^ ;� Address: � ������ ; `s __._. - - . .._...._ .. .... .a . ._.__.. _ ... _.__._ .. . _..:� . ........ .......... .... ... ...... .,.. _._.... .... _..._ ____ - Phone: ; ; Phone _ ._ .. . __ _._ _ _.. _. _ _. _ : _ __ . Fax. Faa ! � _ _. .. . __ _ ._. . .. �. z �_- __ _. _ _ . � --�--_�---___�__----------------__-----�--------------------, ------_--__---------------------------=---------...______---�___--------, eMail: ; i eMail: _PO# ..__. _ . _._.. �_',._,... .. ... .., ,. .._� . ., ... � . � PO#.... � . ..... .... ..... ... .. . ... ..,. .,. .....� ... , . -^; Please return this form to: ; InnovaSafe, Inc. '; PO Box 800256 �. � Valencia, CA 91380-025G USA IS2ex v09.2 Account#2738 �O 2009 InnovaSafe, Inc. All Rights Reserved Page 14 of 16 ExxiBir C SCHEDULE OF FEES INNOVASAFG ACCOUNT #2738 Set U Fee No Fee Traditional Escrow Annual De osit Feex ■ ls` Product $675 ■ Additional Products — er roduct $350 ■ Included Bene�ts and Services 0 4 Free Updates/Replacements o Physical or Electronic Deposits o De osit Notification — all arties Annual Beneficiar Fee �200 D namic Escrow O tion ■ Annual Fee — Per Vault $995 ■ Basic Re ort No Fee ■ Detailed Re ort $95 er re ort O tional Benefits and Services (annual fee) ■ ilnlimited U dates $200 ■ Dual Vaultin $200 ■ Account Status Re orts - Quarterl $200 ■ De osit Trackin - Quarteri $200 ■ SafeAccess (24/7) Online De osit History Onl $200 ■ Fu1lAccess (24/7) Online Com rehensive $200 ■ Ll De osit Verification — Limited Only $200 Additional O tional Services ■ L2 Verification — File Anal sis — er check Quote Onl ■ L3 Verification — Com rehensive — er check uote Onl Release Request Fee — per request $200 *Di�e p�•o�ltrct depo,sit nrrd orre he�zeficrary fee will ahvnvs be rnvn�ced All Fees Are Payable in US Dollars unless otherwise agreed to in writing IS2ex v09.2 Account#2738 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes � 2009 InnovaSafe, Inc. Al] Rights Reserved No No No No No No No No No No Page l5 of 16 EXHIBIT D BENEFICIARY ACKNOWLEDGEMENT FORM INNOVASAFE ACCOUNT # 2738 The undersigned Designated Beneficiary hereby acknowledges, accepts, and agrees to be bound by the terms of the above referenced intellectual property Escrow Ageement by and between InnovaSafe, Inc., a California corporation, as intellectual property Escrow Agent and Sustain Technologies, Inc _as Depositor, on this day of , 20 (the "Agreement"). Beneficiary further agrees to pay InnovaSafe a release request fee of $ per request for release of the Deposit Material listed on the Ex Bns due immediately at the same time that the release condition notice is submitted to InnovaSafe pursuant to Paragraph 4.3 Release Procedures. BENEFICIARY INFORMATION: ❑ Check here if there is an alternate contact person and list them on the back of this form. __ . _ _ . ._ .. . _ . _ _._ .. _._.------- --- -- --- -------- •------_ ._ -------------....__. [Company ; Contact .. .. . ... � Title: ;; Email• _. . _ . �St. Address: � C�ty/State: , .. _.._ — ---- ---- �-- -------- __-_ __� �Postal Code: ;, Coun - ----- --- ------------ __ .. . , �Y _. _ . W_ ..�.�:__�: - ^_ ___._.._ ��.Tel #: ; I Fax #: ... --_. .. . _.._ __. _ Signature (Required): � PLEASE RETURN THIS FORM COMPLETED AND SIGNED TO: BY FIRST CLASS MAIL: INNOVASAFE, INC. PO BOX 800256 VALENCIA, CA 91380-0256 USA BY COMMERCIAL COURIER INNOVASAFE, INC. 28502 CONSTELLATION ROAD VALENCIA, CA 91355 BY FACSIMILE: 1-661-295-5515 IS2ex v09.2 Account#2738 Page 16 of ] 6 O 2009 InnovaSafe, Inc. All Rights Reserved City Secretary Contract No. �xxlslT L CERTIFICATES OF INSURANCE Exhibit L is attached and contains eleven (11) pages. City of Fort Worth — Municipal Court Case Management System 24370945.21 Journal Technofogies,Inc. Professional Services Agreement Page 93 of 94 Rev. 2/2015 � �;: � � ,,,�, THIS ENDORSEMENT CHANG�S THE POLICY. PLEASE READ IT CAREFULLY. 11VORKERS' COMPENSATION BROAD FORtVI ENDORSEIVIENT EXTENDED OPTIDNS Policy Number: �2 wE GB9325 Endorsement Number: oo�. Effective Date: 1/1/2015 �ffective hour is the same as stated on the Inform ation Page ofihe policy. Named insured and Address: Journal Technologies, Inc. c/o Daily Journal Corporation 915 E. First Street �os Angeles CA 90012 Section I ofthis endorsement expands coverage provided uncler WG 00 QO 0o. Section II ofthis endorsement provides additional coverage usually only provided by endorsemeni, Sec#ion III of this endorsement is a Scheduie of Covered States. You may use the index to locate these coverage features quickly: INDEX SUBJECT SECTION I PARTS ONE and TWO 01 We WH Also Pay PART-THREE 02 How This Insurance Works pART - SIX 03 7ransfer of Your Rights and Duties 04 Liberalization SECTI(JlV U VOLUNTARY COMPEN5ATtON WSURANC� Q5 Voluntary Compensation insurance A. How This Insurance Applies B. We Will Pay C, Exclusions D. 8efore We Pay E. Recovery Frorn Oth�rs F. Employers' Liability Insurance �MPLOY�RS' LIABILITY 570P GAP ENDORSEMENT 06 Employers' Liability Stop Gap Coverage A. Stop Gap Coverage Limited to North qakofa, Ohio, Washington, and Wyoming PAGE 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 SUBJ�CT PAGE Farm WC 99 Q3 81 Printed in U.S.A. Process Date: 02/19/14 S. Part One Does Ndt Apply C. Application of Coverage D. Additional Exclusions EXTENDED OpTIONS 01 Employers' Liability Insurance 02 Unintentional �'ailure to Disclose Hazards 03 Waiver af Our Right to Recover from Qthers 04 Foreign Voluntary Compensation A. Mow This Reimbursemeni Applies B, We Will Reimburse C. Exclusions D. Before We Pay E. Recovery From Others F. Reimbursemenl ForAcival Loss Sustained G. Repatriation H. EndemiC Disease 05 Longshtire and Har�or Workers' Compensation Act Coverage Endorsemenl S�GTfON III 01 Schedule of Covered States Page 9 of 6 Policy �xpiratipn Date: oi/c�/1s O 2000, The Hartford 3 3 3 4 � 4 4 4 4 a 4 5 5 5 5 5 5 CERT NO.: 23081310 CLIENT CODE: DAILJOU-C1 Nancy CadWallader 1/15/2015 4:A3:15 PD1 (PST) Page 2 of 3 SECTION 1 PARTS ONE and 'TWO 1. WE WILL ALaQ pAY D. We Will Also Pay of Part One (UVORKERS' COMP�NSAiION ISVSURANCE); and E. We Wil! Also Pay of Part Zwo (EMPLOYERS' LIABILITY INSURANCE} is replaced by the following; We Wili Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: PART THF2EE 2. How This Insurance Applies Paragraph 4. of A. Now This Insurance Applies af Paft 3(Other States Insurance) is replaced by the following: 4. !f you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, co�e��age will not be affordetl for thai state unless we are notified wiihin sixty days. PART StX 3. Transfer �f Your Rights and Duties 1. reasonable expenses incurred at our request, INCLUDiNG loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amaunts up to the limit of our liability under this insurance; 3. 4itigation costs taxeci against you; 4. interest on a judgment as required by law until we offer the amount due under this law; and 5, expenses we incur. C. Transfer Of Yaur Rights and Duties of Part 6{Condiiions) is replaced by the following: Your righ#s or duties under this policy may not be transferred without our writEen consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative a5 insured. 4. Liberalization If we adopt a change in this form that would broaden tha coverage of this form withaut extra charge, the broader coverage will apply to this poticy. lt will appty when the change becomes effective in your state. SECTION 11 VOLUNTARY COMPENSATION AND EMPI.�YERS' L.IAS1t1'TY COVERAG� 5. Voluntary Compensation Insurance A. How This Insurance Applies This insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. 'ihe bodily injury must be sustained by any officer or employee not subyect ta the workers' compensation law of any state shown in Item 3.A. of the Informaiion Page. 2. 7he bodily injury must arise out of and in the course of employmeni ar incidental Form WC 99 03 81 Printed in U.S.A. to work in a state shown in Item 3.A. of 1he lnformation Page. 3, The bodily injury must occur in the United States of America, its t�rritories or possessions, ar Canada, and may occur elsewhere if the employee is a United States or Canadian citizen. or otherwise legal resident, and legally employed, in the linited States or Ganada and temporasily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the Page 2 of 6 CERT NO.: 23081318 CLIENT CODE: DAILJOU-C1 Nancy Cadwallader 1/15/2015 9:43:15 P61 (PST) Page 3 of 3 �.--� ��-� COMMERClAL GENEI�AL UABILIi'Y THIS ENDORSEMENT CMANGES THE POLICY. PLEASE READ IT CAREFULLY, TECHNOLOGY XT�ND ENDORSEMENT This endorsement mod(fies insurance provided under tiie following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL i�ESCRIPTION OF CpVERAGE -- This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of khe provisions of this endorsement may be excluded or lirnited by anolher endorsentent to this Cov�rage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The foliowing listing is a general cover- age descripiion only. Limitations and exclusions may apply to these coverages, ftead all the provisions of this en- dorsement and th� rest of your poficy carefully to defermine righis, cSuties, and what is and (s not covered, A. Reasonabie Force Properly Damage � Ex- ception To Expected Or Intended InJury Ex- clusion B. Non-Owned Watercraft Less Than 75 Feet C, Aircraft Chartered Witl� Pilot p, Damage To Premises F�ented To You E. li�creased Suppismentary Payments F. Who Is An insured — Employees And Volun- teer Workers — First Afd G. Who Is An Insured -- �mployees — Supervi- sory Positions H. Who Is An Insured — Newly Acquired Or Formed Organizatians 1. Bi�nket AddiHonal Insured — Owners, Manag- ers Or Lessors Of 1'remises J. Blanket Additional Insured — I�essors Of Leasec4 Equipntent K. Blanket Additional Insured —{'ersons Or Or- ganizations For Your Ongoing Operations As Required By Written Confract Or Agreement L. 8lanket Additional Insured � Broad Form Vendors M. Who is An Insured — Unnamed Subsidiaries N. Who Is An Insured � �iability For Conduct Of Unnamed Partnerships Or Jpint Venlures O, Medical Payments — Increased Limits P. Contractual Liability — Railroads Q. Knowledge And Notice Of Occurrence Or Of- fense R. Unint�ntional Qmission S. Blanket Waiver Of Subrogation PROVISIONS A. f�EASONABI.� FORC� PROP�RTY DAMAGE — EXCEPTION TO EXPECTED OR INTEND�D (N- JURY EXCLUSION The following replaces Exclusian a., Expected Or Intended Injury, in Paragraph 2., of SECTiON l— COV�RAG�S — COV�f2AGE A �OpiLY IN- JURYAND PRaPE�27Y DAMAG� LIA�ILI7Y: a, Expected Or lniended Injury Or Darnage "E3odily injury" or "prop�rty damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "properfy damage" resulfing from the use of rea- sonable force to protect any person or property. B. N(3N-OWNED WATERCRAFT LESS 7HAN 75 FEET The following replaces Paragraph (2) of �xclusian y,, Aircraft, Auto Or Watercrafi, in Paragraph 2, of SECTION (— COV�RA.GES — COV�RAGE A BQDILY INJURY ANp PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that fs: (a} Less ihan 75 feet long; and (b) Not being used fo carry any person or properiy for a charge. C, AIRCRAFT CNARTERED WITH PIL.OT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in F'aragraph 2, of SECTiON CG D�417 01 12 O 20i2 The Travelers (ndemnily Company. AI( rfghls reserved. Page 1 Of 6 Includes copyrighled material of Insurance Services Otfice, Ine. vrith i!s permission. COMMERCIA� GENERA� LIABiLITY I— COVERAG�S — CpV�RAGE A BODILY IN- JURY AND PF�OPERTY DAMAGE L(ABfLITY: This exclusion does not apply to an aircraff thaf is: (a) Chartered with a pilot to any ii�sured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. D. DACUfAGE TO PR�MIS�S RENTED TO YOU 1. The first paragraph of the exceplions in Ex- clusion j., Damage To Property, in Para- graph 2. of S�CT��N I— COVERAGES — COVERAG� A BODILY INJURY AND F'ROP�RTY DAMAGE LIABILITY is deleted. 2, ihe #ollowing rep(aces the (ast paragraph of Paragraph 2., Exciusians, of S�C710N I-- COVERAGES — COV�RAG� A BODILY IN- JURY AND PROP�RTY bAMAGE L.IASII.F iTY; ExcfUsions c., g. and h,, and Paragraphs ('I), (3� and (4} of Exclusion j., do not apply to "premises damage". �xclusion f.{1}(a) does not apply fo "premises damage" caused by fire unless �xciusion f. of Section I— Cover- age A— Bodily Injury And Property aamage Liability is replaced by anaEher endorsement to this Coverage Part that has Exclusion - AIf Pollution Injury Or Damage or Total Polluiion �xclusion in its title. A separate limit of insur- ance applies to "premises damage" as de- scribed in Paragraph 6. of Section III — Limifs Of Insurance. 3, The foliowing replaces Paragraph 6, of 5EC- TiON 111-- LIMITS OF INSURANGE: 6. Subject fo 5, above, the bamage 70 Premises Rented To You Lfn�it is the most we will pay under Coverage A for damages because of "premises damage" to any one premises, 7he Damage To Premises Renied To You Limii wil( be: a. The amount shown for fhe Damage To F'remises Rented To You Limit on the Declarations of this Caverage Part; or b. $300,000 if na amount is shown for the Damage To Prettiises Ranted To You Limit on ihe Declarations of this Coverage Part, 4. The following replaces Paragraph a, of the definition of "insured contract" in the DEFINI- TIONS Section: a. A cantract for a lease of premises. How- ever, that portion of the contract for a lease of premises ihat lndemnifies any person or organization for "premises damage" is not an "insured contracP'; 5. The following is added to the DEFINITiQNS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of khe owner; or b. The contenis of any premises while such premises is rented fo you, if you rent such premises for a period of seven or fewer consecutive days. 6. ihe following replaces Paragraph 4.b,(1)(b) of SECTfON IV — COMMERCIAL G�N�RAL LIABILf7Y CONDITIONS: (b) That is insurance for "premises damage"; or � 7. Paragraph 4.b.{1){c) of SECTION IV -- COMM�RCIAL GENERAL L.lABIl.17Y CON- DITiOfVS is deleted. �. INCa�ASED SUPPLEMENTARY PAYMENTS 1. ihe following replaces Paragraph 1.h. of SUPPL�MENTARY PAYMEN7S -- COVER- AGES A AND B of S�CTION I-- COVER- AGES: b. Up to $2,500 for cost of bail bonds re- quired because of accidents or fraffic law violations arising out of the use of any vehicle to which the Bodiiy Injury Liabiiiiy Coverage appiies. We do not have io fur- nish these bonds. 2. The foliowing replaces Paragraph 1,d. of SUPI'�EM�NTARY PAYMENTS — COV�R- AGES A AND B of S�CTION I-- COVER- AGES: d. All reasonabie expenses incurred by #he insured at our request to assist us in the investigation or defense of ihe claim or "suiC', inciuding actual loss of earnings up to $500 a day because of time off from work. Page 2 of 6 O 2012 The Travelers lndemni(y Company. All Rghts reserved, CCy D4 17 01 12 Inciudes copyrighted maferial of Insurance Services Office, lnc. with its permission. COMMERCfAL G�NERA� LlAB)LITY F. WHO IS AN INSURED —�MPLOYEES AND Vf3l�UNT��R WORK�RS — FIRST AID 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section; Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an acf or omission committed by any of your "employees" or "volunteer workers", oiher ihan an employed or volunteer doctor, 3n providing or failing to provide first aid or "Good Samaritan services" to a person. 2. The following is added io Paragraph 2,a.(1} of SECTlON II � WHO IS AN INSURED: Unless you are in the business or occupatlon of providing professional healfh care services, Paragraphs (1 }(a), {b}, (c) and (d} above da not apply to "bodily injury" arising out of pro- viding or iailing to provide first aid or "Good Samarifan services" by any of your "employ- ees" or "volunteer workers", other than an empinye8 or volunteer doctor. Any of your "employees" or "volunfeer workers" providing or failing to provide first aid or "Good Samari- fan services" during lheir work hours for you will be deemed to be acting within the scape of iheir employment by you or performing du- ties related to the conduct of your business. 3. The following is added to Paragraph 5, af SECTION IIl — LIMiTS C}F INSURANCE: For lhe purposes of determining the applica- bie Each Occurrence Limit, all related acts or omissions commifted by any of your "employ- ees" or "valunteer workers" in providing or failing to provide first aid or "Good Samariian services" to any ono person will be deemed to be one "occurrence". 4. The following is added to fhe DEFINITIONS Section; "�ood Samaritan services" means any emer- gency medical seNices for which no compen- safion is demanded or received. G. WHO IS AN INSURED — EMPLOY��S � SU- PERVISORY POSiT(QNS The following is added to Paragraph 2.a,(1) of SECTION II — WHO IS AN lNSUI��D: I'aragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" or "personal inJury" to a co- "employee" in the course of the co"employee's" employment by you arising out of work by any of your "employees" who hold a supervisory posi- lion. H, WHO IS AN fNSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II -- WHO 1S AN INSUR�D of the Commercial General Liabllity Coverage Form, and i'aragraph 3. of SLCTION II — WH� IS AN INSURED of the Gfobal Companion Commercial General Liabil{ty Coverage Form, ta the extent such coverage forms are pari of your policy; Any organization you newly acquire or form, other than a partnership or joint venture, of which you are the sofe owner or in which you maintain the majority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to ihat organiza- tion, However: a. Coverage under this provision is afforded only, (1) Until lhe 180th day after you acquire or form the organization or ihe end of the polEcy period, whichever is earlier, if you do not report such organization in writing to us wiihin 180 days after you acquire or form il; or (2) Until liie end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organizafion in writing to us within 180 days after you acqufre or form it, and we agree in writing that it will con- finue to be a Named Insured until fhe end of the policy period; b, Coverage A does not apply lo "bodily injury" or "properiy darnage" that occurred before you acqulred or formed the organization; and c, Coverage B daes not apply to "personal in- jury" or "advertising injury" arising out of an offense committed before you acquired or formeci the organization. BLANKET ADDITfONAI. INSURED — QWNERS, MANAGERS OR I.�SSORS OF PREMfS�S The following is added to SECTiON II — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or l�ssor is an insured, but only with respeck to liabllity arising out of the owner- ship, maintenance or use of that part of any prem- ises leased to you, The insurance provided to such premises owner, manager or lessor does not apply io; CG D417 01 12 O 2012 The Trovelers Indemnity Company. All rights ressrved. Page 3 Of 6 Includes copyrighted malerial of Insurance Services Office, Ina vrilh its permissfon. COMMERCIAI. GENERAL LIABILITY a. Any "bodily injury" or "properiy damag�" caused by an "occurrence" that takes place, or "personai inJury" or "advertising injury" caused by an offense thak is committed, after you ceas� to be a tenant in thaf premises; or b. Sfructural alterations, new construction or demoliiion operations pertormed by or on be- half of such prett�ises owner, manager or les- sor, J. BLANK�7 ADtiITIONAL INSUf2�D — I.ESSO�iS OF LEASED EQU[PMENT The following is added to S�CTION II — WWO IS AN 1NSURED: Any person or organization thaE is an equipntent lessor is an i�isured, but oniy wifh respect to liabil- ity for "bodiiy injury", "property damage", "per- sonal injury" or "adveriising inJury" caused, in whole or in pa�t, by your acts or omissians in the maintenance, operation or use by you of equip- ment leased to you by such equipment lessor, i'he insurance provided to such equipment lessar does not apply to any "bodily injury" or "property damage" caused by an "occurrence" that #akes piace, or "personal injury" or "adverfising injury" caused by an offense fhat is committed, after the equipment lease ex�ires. K. BLANKET AQDITIONAI. iNSUREp — PERSQNS OR ORGANIZA710NS FOR YOUR ONGOING OPERATIQNS AS R�QUIR�D BY WR177�N CONTRACT C3R AGREEMENT The following is added to S�CiIOtV 11 -- WHO fS AN INSURED: Any person or organiza#ion ihaf is not oiherwise an insured under this Coverage Part and that you have agreed in a writt�n cflntract or agreement to include as an addiiional insured on this Coverage Part is an insured, but oniy with respect to liabilify for "bodily injury" or "property damage" that: a. Is caused by an "occurrence" lhat takes place after you have signed and executed fhat con- tract or agreement; anc� b, Is caused, in whole or in parf, by your acts or omissions in the performance of your ongoing operations to which that contract or agree- rnent applies or the acts or omissions of any person or organizalion performing such op- erations on your beha►f. The lintits of insurance provided to such insured will be the limits which you agreed to provide in the written contract or agreement, or the IMmits shown in the Declaraiions, whichever are less. L. B�ANKET ADDlT!()NAL INSURED -� BROAD �Ot�M VENDORS The following is added to SECTION II � WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a wriifen confract or agreement to inciude as an addifional insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury" or "property damage" fhat: a. Is caused by an "occurrence" ihat takes place after yau have signed and execufed that con- tract or agreemenf; and b. Arises out of "your products" which are dis- lributed or sold in lhe regular course of such vendor's business. The insurance provided fo such vendor is sub}ect to the following provisions: a, The limits of insurance provided to such ven- dor wil) be the limits which you agreed to pro- vide in fhe written contract or agreement, or the limits shown in the peciarations, which- ever are less. b. The insurance provided io such vendor does not apply to: (1) Any express warranty not autharized by you; (2� Any change in "your products" made by such vendor; (3) Repackaging, unless unpacked solely %r the purpose of ins�ection, demonst�ation, testing, or the subst{tufion of patfs under instrucfions from the manufacturer, and then repackaged in ihe original container; (a) Any failure to make such inspections, ad- justments, tests ar servicing as vendors agree to perform or normally undertake to perForm in the regular course of business, in connection wiih the distribi�tion or sale ot "your products"; (5} Demonstrafion, installaiion, servicing or repair operations, except such operations performed at such vendor's premises in connectian with lhe sale of "your prod- ucis"; or (6) "Your products" which, after distribution or sale by you, have been labeled or re- labeled or used as a container, pa�t or in- gredient of any other thing or substance by or on behalf af such vendor. Page 4 of 6 O 2012 7he Travelers Indemnily Company. All rights reserved. CG D4 17 01 12 Includes copyrEghted material o( Insurance Services Office, �ne. with its permission. COMMERCIAL GENERAL �lABILITY Coverage under this provision does not apply to: a, Any person or organization from whpm you have acquired "your products", or any ingre- dienf, parf or container entering into, accom- panying or containing such products; or b. Any vendor for which coverage as an addi- tional insured specifically is scheduled by en- darsement. M. WHO IS AN INSURED - UNNAM�D SUBSIDI- ARIES The following is added to S�CTION II - WHO IS AN INSUREQ: Any of your subsidiaries, other fhan a partnership or joint venture, that is not shown as a Named in- sured in the Declarations is a Named Insured if; a. You maintain an ownership interesi of more than 50% in such subsidiary an the fiirst day of ihe policy period; and b. Such subsidiary is not an insured under simi- lar other insurance. No such subsidiary is an insured far "bodily inJury" or "property damage" that occurred, or "persona! injury" or "advertising injury" caused by an of- fense committed: a, Ciefore you maintained an ownership interest of more lhan 50% in such subsidiary; or b. Afler the date, if any, during the policy period that you no longer maintain an ownership in- terest of more than 50% in such subsidiary, N. WHO IS AN fNSURED - I.IABILITY FOR CON- DUCT OF UNNAMED PARTNERSHIPS OR JOINT VENTURES The following replaces the last paragraph of S�CTION II - WHO IS AN INSUREp: No person or arganization is an insured with re- spect io the conduct of any current or past part- nership or joint venture that is not shown as a Named Insured in fhe Declarations. This para- graph does not apply to any such partnership or )oint venture thaf otherwise qualifi�s as an in- sured under Section II - Who is An Insured, Q. M�DICAI� PAYMENTS -� INCR�AS�b LIMITS The following replaces Paragraph 7, of SECTIOIV III - LIMITS CJ� INSURANCE: {b) The amount shown on th� Declarations of this Coverage part for Medical Expense Linlit. P. CONTRACTUAL L.IABII�1'fY - i2AILROADS 1. The fallowing replaces paragraph c. of the definition of "ins«red contracP' in the DEFINI- TIONS Section: c. Any easement or license agreement; 2, Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- le#ecf, Q. KNOWI��I7G� ANb NOTiCE OF OCCUR- RENCE OR OFFENS� The following is added to Paragraph 2., Duties In The �vent of Occurrence, Offense, Claim or Suit, of S�CTION IV -� COMMERCIAL GEN- ERAL I.IABII.ITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under (his Coverage Part to yau or any insured lisied in Paragr�ph 1. or 2, of Seclion II - Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble onfy after the "occurrence" pr offense is known to you (if you are an ind(vidual), any of your partners or mernbers who is an indfvidual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited ifabiliiy company}, any of your trustees who is an individuai (if you are a trust), any of your "executive oifiicers" or directors (if yoti are an organization other than a partnership, joint venture, I(mited ifability company or trust) or any "emplayee" authorized by you to give natice of an "occurrence" or offense. (2j (f you are a partnership, joint venture, lim- ited liability company or trust, and none of your partners, joint venture members, managers or trustees are indivlduals, no- tice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: 7, SubJect to 5, above, tha Medical Expense (a} Any individ��al who is: Limit is the most we will pay under Coverage C for all rnedical expenses because of "bodily ii) A partner or member of any part- injury" sustained by any one person, and will nership or joint venture; be the higher of: {ii) A manager of any limffed liability {a) $10,Q00; or company; CG D417 01 12 O 20t2 The Travelers Indemnily Company. All righis reserved. PagO 5 Of 6 lncludes copyrighted ma(erial oF Insurance Services O(tice, Inc. wilh its perm(ssion. COMM�RCIAL G�N��2AI.. LiABlLITY (iii) A trustee of any trust; or (iv} An executive affcer or cEirector of any other organization; thaf is your partner, joint venture member, manager or trustee; or (b) Any "ernployee" authorized by such partnership, joint venture, limited li- abil(ty company, trust or other organi- zation to give notice of an "occur- rence" ar offense. (3) Noftce to us of such "occurrence" or of- fense wil! be deemed to be given as soon as practicabfe if it is given in good faiih as soon as practicable fo your workers' compensaiion insurer. 7his applies only if you subsequently give notice to us of the "occurrence" or offense as soon as prac- ticable after any of the persons described in Paragraphs e. (1) or (2) above discov- ers that ihe "occurrence" or offense may result in sums to which the Insurance provided under this Coverage Part may apply. However, if this poilcy includes an endorse- ment that provides limited coverage for "bod- ily inJury" or "proper#y damage" ar pollution costs arising out of a discharge, release or escape of "pollutants" which contains a re- quirement ihat the discharge, release or es- cape of "pallutants" must be reported to us w►thin a specific number af days after its abrupt commence►nent, this Paragraph e. does not affect that requirenient. R. UNINTENTIONAL OMlSSION The following is added to Paragraph 6., Repre- sentations, of S6CTION 1V — COMMEF2ClAL GENERAL LIABIL.ITY CONDITiONS: The unintentional omission of, or unintentional er- ror in, any informatian provided by you which we relied upon in issuing this policy wifl not prejudice your rights «nder this insurance. However, this provision does not affect our right to collect addi- tional premium or to exercise our righis of cancel- lation or nonrenewal in accordance wifh app�ica- bie insurance laws or regulafions. S. BLANKET WAIVER OF SUBROGA7i0N `Che following is added to Paragraph 8., Transfer Of Rights Of Recovery Against athers To Us, of SECTION IV — COMMERCfAL C�ENERAI. L.I- ABILITY CONpITIONS: if the insured has agreed in a contract or agree- ment to waive that insured's rigitt of recovery against any person or organization, we waive our righk of recovery agafnst such person or organiza- tion, but only for payments we make because af: a, "Bodily injury" or "property damage" caused by an "occurrence" that takes place; or b. "Personai injury" or "advertising injury" caused by an offense that ls committed; subsequent to the execution of the conkract or agreement. Page 6 of 6 O 2012 The Travelers Indemnity Company. Ail dghts reserved. CG D4 17 01 92 lncludes copyrighted malerial of Insurance Services OHice, (nc. wilh i[s pern�ission. �xxiBlT M Journal Technologies Response to City's General Requirements - RFP#13-0207 Exhibit M is attached and contains one hundred sixty nine (169) pages. Journal Technologies' Responses to City's General Requirements as set forth in Request for Proposal (FZFP) #13-207 are attached het�eto in Exhibit M and incorporated into this Agreement to memorialize the party's expectations for the fiinctionality of the system. Journal Technologies acknowledges that at the time of the submission of this response to the RFP, Journal Technologies was known as Sustain Technologies, Inc, but has now merged with New Dawn Technologies, Inc., which subsequently changed its name to Joui•nal Technologies, Inc. Any response as set forth in the attached RFP response made previously by Sustain Technologies, Inc. is considered a response made by Jotu•nal Technologies foi• purposes of this Agreement. Journal Technologies further acknowledges that the letters included in the 7`�' column of its attached response are its letter responses ("Consultant Letter Responses") to the questions posed by the City, and can be interpreted using the answer key below. In addition, the comments in the column immediately to the right of the Consultaiit's Letter Responses are Journal Technotogies' addiYional comments explaining or related to the Consultant Letter Responses. The following answer key must be used when interpreting Journa( Technologies responses: • Y= this featut�e is currently in production in another local government agency and is provided within the proposed solution, • U= The proposed usei• tools can be used to include this featw�e (Please explain). • P= The system does not completely meeY the criteria as described — only partial compliance will be provided (Please explain). • C= Clistomization would be required at an additional cost. The vendor MUST specify the estimated cost in the Response Code column. Customization at zero cost is acceptable. • N= This feature is not provided. • R= Functionality provided in queiy or ceport. • V= Available in neat version of the software — Please provide a pi•oduct roadma}� doc�imenting tlie available schedule. Section 8.0 General Requirements o •� •� � Provide the ability to administratively set General Administrative General 1 the maximum number of cases for an Essentiai Y administrative hearing. Requirement Hearings Requirements Provide the ability to update the fine General General 2 associated with a case and add Case Financials Essential Y administrative fees as appropriate. Requirements Requirements Prevent the application of payments that lead to a guilty or no-contest finding on General General 3 cases where the case is in a deferred Case Financials Essential Y Requirements Requirements status or the case is juvenile/minor related. "y�e system should provide a mechanism General General ; escrow payments and track the balance Case Financials Essential Y of an individual's escrow account. Requirements Requirements If an escrow account has been outstanding for a user defined period of General General 5 Case Financials Important Y time, escalate to a defined individual or Requirements Requirements queue to review the transaction status. The system should include a POS that This would include interface Genera) General to a payment gateway. 6 provides integrated check and credit card Case Financials important C processing with the workstation. Requirements Requirements eCourt does provide API to integrate. The system should provide a process to This would include interface � automatically debit an individual's General Case Financials General Optional C to a payment gateway. checking account through the scanning of Requirements Requirements eCourt does provide API to the check at receipt. integrate. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 21 Section 8.0 General Requirements The court system and the credit card This would include interface machine should be integrated so that General General to a payment gateway. 8 credit card transactions are automatically Case Financials Important C Requirements Requirements eCourt does provide API to updated in real-time in the case management system. integrate. Upon the selection of a single citation on the history screen, provide the ability to General General 9 bridge directly to the detail citation Requirements Case Financials Requirements Important Y screen. The system should distinguish between a window fine (predetermined fine General General 10 amounts) and a court imposed fine Case Financials Important Y (established by the judge based upon Requirements Requirements range within state law). The system should provide a fee schedule General General 11 Case Financials � that will: Requirements Requirements Establish set fees based upon a fee General General 12 schedule Requirements Case Financials Requirements Essential Y 13 Allow for the calculation of fees based: General Case Financials General Essential Y Requirements Requirements 14 A percentage of the total fine General Case Financials General Essential Y Requirements Requirements A unit based calculation - X at Y amount is General General 15 Case Financials Essential Y $Z Requirements Requirements The cash receipt record should record General General 16 (ocation of receipt. Requirements Case Financials Requirements Essential Y Provide an online fine calculation screen, per violation, speed, construction zone, Generai General 17 Case Financials Optional Y etc. for customer information/query Requirements Requirements purposes. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services ZZ Section 8.0 General Requirements Automatically calculate the disbursement 18 of court costs, fees, collection fees and General Case Financials Genera) Essential Y Requirements Requirements fine per the defined violation/fine tables. Identify the violations that are eligible for 19 enhanced fines and calculate the General Case Financials General �mportant Y enhanced fines accordingly per the Requirements Requirements appropriate enhancement. Report subsequent violation to DPS for violations meeting the enhanced fine Genera) General 20 requirements. (example: violation 29 - Case Financials Important Y failure to maintain insurance.. apply an Requirements Requirements additional $200 fine when The system will allow for the creation of ultiple user defined notification alerts General General Case Management Important Y �t will prompt the user through system Requirement Requirements �r email notifications. If a case is closed, the system should General Case Management General 22 prevent the case from being reopened or Essential Y Requirements System Requirements modified without proper system security. The system should have the capability to 23 apply an electronic signature to a General Case Management General Im ortant Y document or form generated from the Requirements System Requirements p system. Provide the ability to format and ;, ' Y 24 standardize the data, format, and batch General Case Management General ,, generation of: Requirements System Requirements � General Case Management General 25 Setting Notices Important Y Requirements System Requirements Genera) Case Management General 26 Reminder notices important Y Requirements System Requirements Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 23 Section 8.0 General Requirements General Case Management General 27 Dockets Important Y Requirements System Requirements General Case Management General 28 Letters Important Y Requirements System Requirements System should provide the ability to Generai Case Management General 29 associate court notes and documents with Important Y a selected list of cases per defender. Requirements System Requirements Provide the ability to enterjudgments and General Case Management General 30 Essential Y dispositions into the system. Requirements System Requirements Ability to swipe or scan the barcode on a General Case Management General 31 driver license to autopopulate forms with Optional Y the Court system. Requirements System Requirements For instances where an image is required for multiple cases it should be stored in a Generai Case Management General 32 Essential Y single location and associated with each Requirements System Requirements � case. The system should ge�erate a text General Case Management General 33 message or email address as a reminder Optional Y for an upcoming court date. Requirements System Requirements The system should automatically update the status, activity and disposition of the General Case Management General 34 Important Y case based upon the last completed Requirements System Requirements activity. 35 The system should track the following key General Case Management General elements of each case: Requirements 5ystem Requirements General Case Management General 36 Status (activity occurring against the case) Important Y Requirements System Requirements Genera) Case Management General 37 Disposition (i.e. - open � closed) Essential Y Requirements System Requirements Judgment/Finding (i.e. - guilty � not guilty General Case Management General 38 Essential Y � dismissed) Requirements System Requirements Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 24 Section 8.0 General Requirements 39 Records must be exportable: General Case Management Genera) Requirements System Requirements it must be possible to transmit records to other systems without loss of information. General Case Management Genera) 40 Images can be exported, screen shots can Important Y be stored in Word and exported, report Requirements System Requirements can be exported. Copies of records can be produced and supplied in a useable format for business General Case Management General 41 purposes and all public access Requirements System Requirements Important Y requirements. General Case Management General 42 Records must be redactable: Requirements System Requirements Records must be masked when it is '"�-ecessary to deliver censored copies and e version as released must be ;�ocumented in a linked transaction. Redact controls must be provided for all General Case Management General 43 Essentia) Y system environments (web, intranet, case Requirements System Requirements management, EMD offline storage, etc.). Images in EDM can be redacted; otherwise, print requested info, redact manually, scan. 44 Must provide audit controls with a link to General Case Management General Essential Y the released data. Requirements System Requirements Once a case is closed, a user shouid not have the ability to add any record or General Case Management General 45 Essential Y activity to the case unless otherwise Requirements System Requirements granted access via security rules. Provide access to the appropriate screens General Case Management General 46 for updating the defendant address. Requirements System Requirements Essential Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 25 Section 8.0 General Requirements Provide the ability to enter new citations General Case Management General 47 Essential Y into the system. Requirements System Requirements Provide the ability to query by violation code and display the associated violation General Case Management General 48 description, with appropriate fine Essential Y schedule. Note: the ability to calculate Requirements System Requirements speeding fines should be included. Create and maintain an online directory, General Case Management General 49 with multiple search capability (i.e. partial Optiona) Y Requirements System Requirements name search, and job function capability). The case search screen should display the �;;;i I i i I following information for each result: the I,' III'j��, �I General Case Management General 50 name, case number, citation number, °j I violation, case status, total payments and Requiremen ts Sys tem Requiremen ts amount due. General Case Management General 51 Name Essential Y Requirements System Requirements General Case Management General 52 Date of Birth Essential Y Requirements System Requirements General Case Management General 53 Case # Important Y Requirements System Requirements General Case Management General 54 Citation # Important Y Requirements System Requirements General Case Management General 55 Violation ' Important Y Requirements System Requirements General Case Management General 56 Date of Offense Important Y Requirements System Requirements General Case Management General 57 Case Status Important Y Requirements System Requirements Fort Worth RFP#i 13-0207 Court Case Management Software and Implementation Services 26 Section 8.0 General Requirements 58 Total Amount Paid General Case Management General Essential Y Requirements System Requirements General Case Management General 59 Total Amount Due Important Y Requirements System Requirements General Case Management General 60 Balance Due Important Y Requirements System Requirements Genera) Case Management Genera) 61 Vehicle Information Important Y Requirements System Requirements Genera) Case Management Generai 62 Special Notes Important Y Requirements System Requirements General Case Management General 63 Attorney Information Important Y Requirements System Requirements The system should present the search General Case Management General 64 results in a format that can be sortable by Important Y `� '��eend user. Requirements System Requirements e system should allow the end user to General Case Management General �_ �erform a case action against any record Important Y identified in the search results. Requirements System Requirements The system should capture the drivers General Case Management General 66 Important Y license type. Requirements System Requirements Provide the ability to level workload distribution through the use of limits in General Case Management General 67 Important Y the number of cases sent to an Requirements System Requirements individual's work queues. The existing court system data (active and General Case Management General 68 required purged data) is to be converted Essential Y to the new case management system. Requirements System Requirements Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 27 Section 8.0 General Requirements Provide the ability to validate all data fields entered into the case management system and prevent the entry of the field General Case Management General 69 Essential if the verification rules are not passed. Requirements System Requirements The system is to allow multi-rule, multi- level based validation. Provide verifiable compliance with Tex. Local Gov't Code Ch. 252, Purchasing and Contracting Authority of Municipalities; and Ch. 552, Texas Public Information Act; General Case Management General 70 and, Tex. Fam. Code chs. 51 and 58; Tex. Essentia) Ed. Code, Ch. 25; and, Tex. Trans. Code Requirements System Requirements chs. 548 and 730, as far as database development, maintenance, and security are concerned. Ability to access any photographic or General Case Management General 71 digital images of arrestees along with Important their personal identification information. Requirements System Requirements Provide the ability to log and view the General Case Management General ' 72 transaction and disposition activity of all Requirements System Requirements citations. Log must include: ' General Case Management General 73 Entry/Update Date and Time Important Requirements System Requirements General Case Management General 74 User ld Important Requirements System Requirements 75 PC IP Address General Case Management General Important Requirements System Requirements 76 Cash Amounts General Case Management General Important Requirements System Requirements Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Y Y Y Y Y Y Y � � Section 8.0 General Requirements General Case Management General 77 Disposition/Transaction Codes Important Y Requirements System Requirements The system should utilize an offender/defendant centric database, General Case Management General 78 meaning there should be a one to many Essential Y relationship between a single offender Requirements System Requirements and multiple citations/cases/records. 79 Provide the ability to cross reference General Case Management General citation data by: Requirements System Requirements General Case Management General 80 Name Important Y Requirements System Requirements General Case Management General 81 Date of Birth Important Y Requirements System Requirements rtial Name General Case Management General �mportant Y Requirements System Requirements General Case Management General 83 Operator License Important Y Requirements System Requirements Generai Case Management Genera) 84 Car Tag # Important Y Requirements System Requirements Genera) Case Management General 85 Texas ID # Important Y Requirements System Requirements Parties associated with the case (witness, 6enera) Case Management General 86 attorneys, bondsman) Requirements System Requirements Important Y Genera) Case Management General 87 Aliases important Y Requirements System Requirements The cross reference should provide the General Case Management General 88 ability to include/exclude citations Optional Y without a bondsman. Requirements System Requirements Provide a daily error report of ticket General Case Management General 89 Important Y errors from the previous day. Requirements System Requirements Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 29 Section 8.0 General Requirements Provide the ability to review the complete �i , General Case Management General 90 transaction history of a citation including the following: Requirements System Requirements General Case Management General 91 Violation Important Y Requirements System Requirements General Case Management General 92 Pleas Important Y Requirements System Requirements General Case Management General 93 All Dispositions Important Y Requirements System Requirements General Case Management General 94 Payments/Fees applied Important Y Requirements System Requirements General Case Management General 95 Receipt# Important Y Requirements System Requirements General Case Management General 96 Payment Type Important Y . Requirements System Requirements General Case Management General 97 Set Date Important Y Requirements System Requirements General Case Management General 98 Reset Date important Y Requirements System Requirements General Case Management General 99 Warrant Dispositions Important Y Requirements System Requirements General Case Management General 100 Credit Date Extension Important Y Requirements System Requirements General Case Management General 101 Pleas Important Y Requirements System Requirements Provide the ability to "bridge" from a main General Case Management General 102 case screen to any other screen that is Important Y related to the case. Requirements System Requirements Provide the ability to fax and/or email General Case Management Generai 103 data to defined users. Requirements System Requirements Optional Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 30 Section 8.0 General Requirements Provide the ability to generate a court 104 docket list by date, by Court, by time, by General Court Management General Important defendant, by attorney and by officer. Requirements Requirements Ability to report statistics for court cases and hearings for a selected user and General General 105 period of time (date, quarter, week) Requirement Court/Trials Requirements containing the following information: 106 Cases Set General Court/Trials Genera) Important Requirement Requirements General General 107 Cases Reset Court/Trials Important Requirement Requirements General General 10II Address Changes Court/Trials Important Requirement Requirements General General ;earings Set 110 Hearing Reset 111 Complaints Created Provide the ability to generate a single 112 setting notice for multiple citations or cases. 113 Provide the ability to mark individuals as present on the docket sheet. Provide the ability to produce and 114 distribute multiple copies of judge's order. 115 Provide the ability to generate Requirement General Requirement General Requirement General Requirement General General Requirement General Fort Worth RFP# 13-0207 Court Case Management Software and implementation Services Court/Trials Important Requirements General Court/Trials Important Requirements General Court/Trials Important Requirements General Court/Trials Essential Requirements General Court/Trials Important Reauirements General Court/Trials Important Requirements Generai Court/Trials Essentia) Reauirements � � � � � � � Y Y Y Y 31 Section 8.0 General Requirements Provide the ability to attach evidentiary General 116 documents the citation, including audio Court/Trials files. Requirement Provide the ability to track and recognize General 117 repeat offenders. Requirement Court/Trials Provide the ability to set administrative General 118 Court/Triais hearings. Requirement Provide the ability to send out subpoenas General 119 Court/Trials and notifications via fax or email. Requirement Provide the ability to create a docket for judgments, and create a ticker to General 120 generate letters (decision to uphold and Court/Trials Requirement apply bond or to dismiss and refund bond). Provide the ability to reverse the bonds General 121 Court/Trials and re-apply as payments or refunds. Requirement Provide the ability to track the setting General 122 activity (setting, canceling, resetting, etc.) Requirement Court/Trials The system should have the capability to General Important Y Requirements General Optional Y Requirements General Essential Y Requirements General Optional Y Requirements General Important Y Requirements General Essential Y Requirements General Requirements Important Y manage 400,000 cases per year / 1.5 Genera) General General 123 million documents with up to 250 Requirements Requirements Requirements Essential Y concurrent users. The solution should support multiple General General General 124 Essential Y locations and multiple sites. Requirements Requirements Requirements The system should provide a case "notes" function for each case that is accessible General General General 125 from any area associated with the case Requirements Requirements Requirements �mportant Y where notes can be recorded. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services K� Section 8.0 The system should provide an "at a glance" screen or dashboard that allows 126 users to customize a view showing current General status, current disposition and current Requirements judgment and provide links to different elements of the case. The system should maintain daily, monthly, and yearly parking violation 12� totals. Violation totals are to be Genera) maintained within a common table for all Requirement citation types (traffic, general, parking, etc.). 128 Provide the ability to track individual General nroductivity including: Requirement ,umber of cases entered General Requirement 130 Cases set Genera) Requirement 131 Cases reset General Requirement 132 Cases to be set for court General Requirement 133 Warrants General Requirement 134 Monies receipted General Requirement 135 Number of receipts General Requirement 136 Number of individuals served General Requirement Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services General Requirements Reporting Reporting Reporting Reporting Reporting Reporting Reporting Reporting Reporting Reporting Reporting General Requirements Optional General important Requirements General �uirements General Important auirements General Important �uirements Generai Important �uirements General Important �uirements General Important �uirements General Important �uirements General Important �uirements General Important auirements Y 19 R R R R R R R R 33 Section 8.0 General Requirements Ability to display or deliver a report in General General 137 multiple formats including: Requirement Reporting Requirements 138 MS Excel General Reporting General Important Y Requirement Requirements 139 MS Word General Reporting General Important Y Requirement Requirements General General 140 PDF Reporting Important Y Requirement Requirements 141 CSV General Reporting General Important Y Requirement Requirements Provide the ability to generate scheduled General General 142 Reporting Important Y reports. Requirement Requirements Reports should provide either summary General General 143 Reporting Important Y and/or detailed reports. Requirement Requirements Reports should provide grand totals for General General 144 Reporting Important Y each report category Requirement Requirements Provide grand totals (for all employees) General General 145 Reporting Important Y for each category . Requirement Requirements Provide the ability to select workgroup General General 146 level statistics (caseworkers, CTS, Reporting Important Y marshals, etc.) Requirement Requirements Provide the ability to enhance the display of statistics on an as needed basis (i.e. General General 147 Reporting Important Y ability to add another grouping/category Requirement Requirements for the number of hit slips). Provide Municipa) Court activity statistics General General 148 based upon the Clerk of Court Reporting Reporting Important Y requirements Requirement Requirements Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 34 Section 8.0 Access to sensitive information such as 149 defendant medical records, juvenile records could be limited based on operational needs. 150 The system should provide audit trails cannot be altered. 151 The application should meet ISO 17799 security standards. The CMS solution should offer a public access module that allows citizens, 152 attorneys, bail bondsman, etc. to view status of cases, make payments and necessary and upload court records as necessary. �rovide the ability to easily change or �dify workflow rules. General Requirements General General System Security Important Requirements Requirements General General System Security Important Requirements Requirements General General System Security Essential Reauirements Reauirements Generai Web Self Service I General I Important Requirements Requirements General �uireme 15�3 . ' _..`_ _"_ __"' , _ __ , _...�_ .,____ Genera) stations. Requirements Provide the ability to create folders not General 155 related to tickets - referrals, bad checks, RDD's, etc. Requirements Provide the ability to create 156 administrative related workflow's and General associated rules. Requirements The workflow tool should provide 157 notification alerts to the individual General responsible for a specific workflow Requirements activitv. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Workfiow General Important Requirements Workflow General Important Requirements Workflow General Optional Requirements Workflow General �mportant Requirements Workflow I General I Important Requirements Y Y Y Y Y Y Y Y Y 35 Section 8.0 Provide an escalation process, whereby, if a notification is not addressed with a 158 system defined period of time, that a notification would be sent to the individuals supervisor. General Requirements General I Workflow I General I Important Requirements Requirements Fort Worth RFP# 13-0207 Court Case Management Software and implementation Services 36 Section 8.0 Case Initiation B The system should automatically , generate complaints based upon 1 information derived from the New Citations Case Entry Case Initiation Y citation. The system should have a"sounds like" name algorithm that can 2 identify duplicate individuals and New Citations Case Entry Case Initiation Optional Y provide the user with a prompt to consolidate case information. The data structure within the database should be offender centric, We allow the ability to have a meaning that data elements are person identifier which can link `nked via the offender thereby New Citations Case Entry Case Initiation Essential Y multiple persons as one allowing staff to easily track activity allowing a person centric by individual approach The system should automatically apply certain pre-defined fees based 4 New Citations Case Entry Case Initiation Essential Y upon the complaint and offense type. The system should provide the ability to barcode or mag strip scan a 5 drivers license and automatically New Citations Case Entry Case Initiation Optional Y populate the stored data into the system. Provide the administrative ability to delete a record (usually due to errors 6 New Citations Case Entry Case Initiation important Y in data entry); and to undo the deletion when necessary. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 37 Section 8.0 Case Initiation Provide a single violation/complaint 7 code that identifies the charge for New Citations Case Entry Case Initiation Essentiai Y the case. Provide the ability to support multiple violations and muitiple case 8 types for a single citation and a single New Citations Case Entry Case Initiation Essential Y case. The system should assign the case 9 type based upon the violation. New Citations Case Entry Case Initiation Y Provide the ability to calculate the 10 defendant's age (per the defendant New Citations Case Entry Case Initiation Essentiai Y date of birth and the issue date). The system should contain a table 11 New Citations Case Entry Case Initiation Important Y validated set of race/ethnicity codes. � Provide the ability to perform address verification against all address entries via a interface to the 12 GIS address verification module. New Citations Case Entry Case Initiation Important Y Addresses to be verified include: violation location, residential address, business address. Provide the ability to correct an 13 address entry by an override function New Citations Case Entry Case Initiation Essentia) Y based upon user security. The system's override function is 14 limited based upon user defined New Citations Case Entry Case Initiation Essential Y securitv. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 38 Section 8.0 The system should allow corrections to be made to data elements of the 15 New Citations case whenever necessary based upon user security. Provide an audit trail for all changes 16 to a case. The audit trail should New Citations record: 17 Created By New Citations 18 Creation Date New Citations 19 Updated By New Citations 20 Update Date New Citations 21 Original Value New Citations 22 New Value New Citations 'rovide the ability to automatically �pdate defendant information, inciuding the defendant address 23 based on entries made on the New Citations citation entry screen. All updates to the defendant information must have an audit trail. Provide the distinction between a customer requested address change 24 New Citations vs. a system generated address change. The system should maintain a list of all addresses that have been 25 assigned to the individual and flag New Citations the address origin as customer provided or system provided. Fort Worth RFP# 13-0207 Court Case Management Software and Impiementation Services Case Initiation Case Entry ( Case Initiation � Important � Y Case Entry Case Entry Case Entry Case Entry Case Entry Case Entry Case Entry Case Initiation Case Initiation Essential Case Initiation Essential Case Initiation Important Case Initiation Important Case Initiation Important Case Initiation Important Y Y Y Y Y Y Y Case Entry � Case Initiation � Essential � Y Case Entry � Case Initiation � Important ( Y Case Entry � Case Initiation � Important � Y 39 Section 8.0 Case Initiation The system should provide the ability to inactive an address if 26 New Citations Case Entry Case Initiation Important Y correspondence from the individual is returned from the USPS. Provide the ability to select a primary 27 address for a defendant based upon New Citations Case Entry Case Initiation Essential Y user defined security. All address changes will reflect the user that made the change, 28 New Citations Case Entry Case Initiation Important Y regardless of where or how the change was made. Provide a queue of questionable 29 citations (citations with potential New Citations Case Entry Case Initiation Important Y errors) forthe prosecutorto review. Provide a queue of problem citations (i.e. affiant not complete) for the 30 New Citations Case Entry Case Initiation Important Y police liaison follow-up with issuing officer. The system should automatically identify the offiender name by 31 New Citations Case Entry Case Initiation Essential Y matching the citation information with the system's defendant file. Provide the ability to either select a name (from a pull down list) from 3Z the existing names on the defendant New Citations Case Entry Case Initiation Important Y file or to manually enter a name. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 40 Section 8.0 Case Initiation Provide the ability to cross reference citation information by date of 33 offense, date of violation, defendant New Citations Case Entry Case initiation Important Y name and by alias names. Provide the ability to pull down a list of attorney id numbers,and edit 34 attorney id entries against existing New Citations Case Entry Case Initiation important Y attorney records defined in the attorney table. Provide the ability to pull down a list of officer id numbers, and edit officer 35 New Citations Case Entry Case Initiation Important Y id entries against existing officer records defined in the officer table. ;hanges in the defendant record, ` attorney record and officer record entries should be effective dated, 36 meaning the system will maintain a New Citations Case Entry Case Initiation Important Y record of the previous values and keep that associated with all previous cases. Provide the ability to pull down a list of bondsman id numbers, and edit 37 bond id entries against existing New Citations Case Entry Case Initiation Important Y bondsman records defined in the bondsman table. If the notarization of the document happens outside the CMS system, 38 the CMS record should be updated New Citations Case Entry Case Initiation important Y to show the date of notarization of the record. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 41 Section 8.0 Case Initiation Provide the ability to scan tickets and 'i 39 import ticket metadata into the New Citations Case Entry Case Initiation Y u system. Provide ability to cascade specific 40 ticket and record metadata New Citations Case Entry Case Initiation Essential Y throughout the entire case. External Citation Provide the ability to view court 41 dockets electronically. Issuance Issue Citations Case Initiation Essential Y Departments Provide the ability to notify officers External Citation of court dates electronically, and to 42 Issuance Issue Citations Case Initiation Essential Y electronically notify officers of changes in court dates. Departments External Citation � � � � � �°^ Provide the ability to maintain �a4`� 43 Issuance Issue Citations Case Initiation Y ��� I�� �I' i� �'I�'��� � vacations, days-offs, medical leave. ,��' Departments Provide the ability for the officers External Citation 44 and prosecutorto reviewthe Issuance Issue Citations Case Initiation Essential Y complaint text prior to the trial. Departments Provide the ability to cross-reference External Citation 45 the customer names and addresses Issuance Issue Citations Case Initiation Important Y (to associate to properties). Departments Provide monthly case activity "�, pu, I+ External Citation q"`� I statistics (i.e. payments, warrants ', 46 Issuance Issue Citations Case Initiation Y i issued, etc.) specific to each department. Departments Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 42 Section 8.0 Case initiation Provide the ability for the officers to External Citation 47 review the status of a case Issuance Issue Citations Case Initiation Important Y (dispositions). Departments Provide the ability for Departments External Citation 48 to view existing citations and search Issuance Issue Citations Case Initiation Y for citation information by: Departments External Citation 49 Citation # Issuance Issue Citations Case Initiation Essential Y Departments External Citation �� Violation Address Issuance issue Citations Case Initiation Important Y Departments External Citation 51 Violation Code Issuance Issue Citations Case Initiation Essential Y Departments External Citation 52 Violator's Name Issuance Issue Citations Case Initiation Essential Y Departments Provide access to the RMS system for External Citation Police 53 police offense/incident reports and Issuance Case Initiation Essential Y accident reports. Departments Citations Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 43 Section 8.0 Case Initiation Provide the ability to receive copies of the police reports for entry into External Citation Police 54 the document management system Issuance Case Initiation Important Y Citations and associate the reports to the Departments citation number. Provide the ability to audit of all External Citation 55 ticket books printed and issued vs. Issuance Police Case initiation Optional Y Citations the actual tickets used. Departments Produce a report of officer productivity (number of citations External Citation Police 56 issued by officer, type, date an time Issuance Case Initiation Important Y Citations of offense, violation location, vehicle Departments descriptions, etc.). Produce racial profile and search External Citation police � 57 Issuance Case Initiation Optional Y consent reports. Citations Departments The system should provide for the Parking - Parking Citation 58 scanning of parking citations when Citation Case Initiation Essential Y Activity received. Initiation The system will provide a field to Parking - Parl<ing Citation 59 store the vehicle's VIN number Citation Case Initiation Essential Y Activity within the main ticket entry screen. Initiation Perform edit checks to ensure that Parl<ing - Parl<ing Citation 60 the following fields have been Citation Case Initiation Y Activity created and are valid data: Initiation Parking Citation Parking - � I�!i' � 61 Issue Date Citation Case Initiation Y !�II Activity Initiation Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 44 Section 8.0 Case Initiation Parking - Parking Citation 62 State Citation Case Initiation Essential Y Activity Initiation Parking - Parking Citation 63 Registered Owner Name and Address Citation Case Initiation Important Y Activity Initiation Parking - Parking Citation 64 Operator Name and Address Citation Case Initiation Important Y Activity Initiation Parking Citation Parking - i 65 Violation Citation Case Initiation Y Activity Initiation Parking - Parking Citation 66 Violation location Citation Case Initiation Important Y : - Activity initiation Parking Citation Parking - b, Officer ID Citation Case Initiation Important Y Activity Initiation Provide the ability to search Parking Parking Citation Parking - 68 Citation Case Initiation citations by: Activity Initiation Parking Citation Parking - 69 Tag # Citation Case Initiation Essential Y Activity Initiation Parking Citation Parking - I 70 Name Citation Case Initiation Y Activity Initiation Parking - Parking Citation 71 VIN # Citation Case Initiation Essential Y Activity Initiation Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 45 Section 8.0 Case Initiation Parking - Parking Citation 72 Violation Location Citation Case Initiation Important Y Activity Initiation Parking - Parking Citation 73 Issue Date Citation Case Initiation Important Y Activity Initiation Parking - Parking Citation 74 Officer ID Citation Case Initiation Important Y Activity initiation Maintain a cross-reference of parking dispositions with the ability to drill Parking - Parking Citation 75 into associated data. The cross Citation Case Initiation Y Activity reference fields shouid contain the Initiation following: Parking - Parking Citation 76 Citation number Citation Case Initiation Y Activity Initiation Parking - Parl<ing Citation 77 Issue Date Citation Case initiation Essential Y Activity I nitiation Parking - Parking Citation 78 Violation Citation Case initiation Essential Y Activity Initiation Parking - Parking Citation 79 Violation Location Citation Case Initiation Essential Y Activity Initiation Parking - Parl<ing Citation 80 Tag# Citation Caselnitiation Essential Y Activity initiation Parking - Parking Citation 81 Case # Citation Case Initiation Essential Y Activity Initiation Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 46 Section 8.0 Case Initiation Parking - Parking Citation 82 Disposition/Transaction Codes Citation Case Initiation Essential Y Activity Initiation Parking - 83 The history display is also to provide: Parking Citation Citation Case Initiation Y Activity Initiation Parking - Parking Citation 84 Registered Owner Name Citation Case Initiation Essential Y Activity Initiation Parking - i � Parking Citation � 4j i 85 Operator Name Citation Case Initiation Y �;'lll Activity � , Initiation Boot-Tow information for the Parking - Parking Citation 86 individual (eligibility indicator, boot- Citation Case Initiation Essential Y ,_- . Activity w notice date) Initiation � ,�` Parking- � �� Parking Citation z� � otal Amount Due Citation Case Initiation Essential Y Activity Initiation Parking - 88 Total Number of Tickets or Cases Parking Citation Citation Case Initiation Essential Y Activity Initiation Provide the ability to associate/cross reference parking citation to other citation types by tag#, name, Parking Citation Parking - 89 location, DL#, VIN#, citations from Activity Citation Case Initiation Important Y the Boot Tow list, etc. Search can be Initiation performed by tag, name, DL#, VIN# . Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 47 Section 8.0 Adjudication o -� �a � e Provide the ability to automatically generate Process 1 and regenerate complaints through real- Court/Trials Adjudication Essential Y Com plaints time or batch processing. Prevent the generation of complaints until all of the required data fields are entered Process 2 into the case management system. Court/Trials Adjudication Important Y (violation, complaint code, accident Complaints indicator, search consent, etc.). Prevent the generation of a complaint if an Process 3 accident or incident is involved, and no Court/Trials Adjudication Important Y Complaints accident/incident report has been scanned. Provide the ability to sign complaints Process 4 electronically to identify who generated the Court/Trials Adjudication Important Y complaint. Complaints Provide the ability to control the generation of complaints by multi-level conditions (i.e.. Process 5 Citations that have been delinquent for x Court/Triais Complaints Adjudication Important Y days, case file, etc.) Provide the ability to define a series of Process 6 complaint formats to control the layout of Court/Trials Adjudication Important Y the verbiage within the complaint. Complaints Provide the ability to pre-define and change the verbiage of the complaint text for each Process 7 Action code. This complaint verbiage is then Court/Trials Adjudication Important Y Complaints to be referenced for generating the content of the complaint. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 48 Section 8.0 Adjudication Provide the ability to control affixing a stamp Process 8(i.e. Court Seal, Notary Stamp) on the Court/Trials Complaints Adjudication Essential complaint. Provide the ability to view a list of the availabie complaint formats according to the Process 9 Court/Trials Adjudication Important action code entered. There is only one Complaints complaint format per Action Code. Provide the ability to recognize whether or 10 not a citation's complaint has been Court/Trials Process Adjudication Essential ______._� Complaints Provide the ability to populate complaint Process 11 data with appropriate information (i.e. Court/Trials Adjudication Essential officer id, attorney, witness information). Complaints Provide a notification/warning message �<ior to the final notification of a complaint, i'; witness may be required (example: Process Court/Trials Adjudication Important craffic accident tickets, or if an incident Complaints report was filed). Must be ascertained by the Affiant. Based upon the type of violation, the system 13 should first look for a outside witness. If not Court/Trials Process Adjudication Optional provided, a warning message should be Complaints 14 Provide the ability to notarize complaints. Provide the ability to electronically dismiss 15 and refile a complaint based upon prosecutor recommendation and judge's anoroval. Process Court/Trials Adjudication Important Complaints Process Court/Trials Adjudication Essential Complaints Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Y Y Y Y Y Y Y Y C�` Section 8.0 Adjudication The system should not allow the generation process 16 of duplicate complaints unless the complaint Court/Trials Adjudication Important Complaints has been previously dismissed and refiled. Provide the ability to track the progress of a process 17 complaint and make updates as the Court/Trials Complaints Adjudication Important complaint moves through the court process. The system should automaticaliy allocate 18 escrow costs to the appropriate account Court/Trials based upon offense type and complaint. The system should generate audit reports on 19 all administrative activity occurring during Court/Trials the dismissal process. The system snould allow a judge to apply a single judgment to multiple cases for a single 20 defendant. This process should be Court/Trials supported by the automatic creation of source documents supporting the judgment. Provide an escalation method for action to 21 Court/Trials be tal<en among staff. Dismissals � Adjudication � Important Y Y 11 Dismissals � Adjudication � Important � Y Dismissals � Adjudication ( Essential � Y Follow UP � Adjudication � Important � Y � Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 50 Section 8.0 Adjudication - Deferred o •, Provide the ability to define specific parameters that would prevent a case from Adjudication - automatically being assigned to DSC. Specialized Services Driving Safety 1 Parameters may include: age of defendant, & Human Services Course Deferred Essential Y type of citation, legal limitations and prior Disposition activity. Provide the ability to queue DSC documents Adjudication - to cashiers or court clerks to initiate the DSC Specialized Services Driving Safety 2 Deferred Important Y review process (i.e. notarization, run ready & Human Services Course for review disposition, etc.) Disposition Adjudication - `ovide the ability to allow a defendant to Specialized Services Driving Safety This is done through Deferred Optional Y ?.�ctronically file a request for DSC. & Human Services Course eCourtPublic Disposition Provide the ability for a defendant to Adjudication - 4 electronically scan and attach required Specialized Services Driving Safety Deferred Optional Y & Human Services Course documents to an electronic request for DSC. Disposition The system should ailow a clerk to Adjudication - electronically apply a notary stamp with a Specialized Services Driving Safety 5 Deferred important Y user signature and a variable commission & Human Services Course date. Disposition Adjudication - The scanning of a DL should be clear and of Specialized Services Driving Safety 6 such resolution that all information is legible & Human Services Course Deferred Essential Y Disposition The document imaging system should be Adjudication - 7 automatically adjustabie to the type of Specialized Services Driving Safety Deferred Essential Y document being scanned. & Human Services Course Disposition Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 51 Section 8.0 Adjudication - Deferred Adjudication - $ The system should generate a packet of DSC Specialized Services Driving Safety Deferred Y information including: & Human Services Course Disposition Adjudication - Requirements sheet (includes case specific Specialized Services Driving Safety 9 Deferred Essential Y information such as due date, etc.) & Human Services Course Disposition Adjudication - Instruction Sheet (provide particulars from Specialized Services Driving Safety 10 Deferred Essential Y court) & Human Services Course Disposition Specialized Services Driving Safety Adjudication - 11 Affidavit (specific to defendant) Deferred Essential Y & Human Services Course Disposition The system must provide ability to generate Adjudication - different versions of the documents listed Specialized Services Driving Safety 12 above depending upon various factors such & Human Services Course Deferred Optional Y as home address of defendant, etc. Disposition Provide the ability for the clerl< or cashier to update the case when the appropriate proof Adjudication - Specialized Services Driving Safety 13 of completion is received. Process includes Deferred Important Y & Human Services Course the scanning and attachment of the proof Disposition documents to the case. Upon return of the required proof, the Adjudication - system will submit the case to a queue for Specialized Services Driving Safety 14 Deferred Essential Y the judges review and approval (case & Human Services Course dismissal) of the case. Disposition Provide the ability to queue DSC paperwori< Adjudication - to the assigned judge for review and Specialized Services Driving Safety 15 approval purposes if any individual does not & Human Services Course Deferred Important Y meet the requirements forthe DSC program. Disposition Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 5z Section 8.0 Adjudication - Deferred Provide the ability to track the collection of the various DSC paperwork/documents. Queue cases that have not met the defined Specialized 5ervices Driving Safety Adjudication - 16 criteria within a user defined number of days & Human Services Course Deferred Essential Y after the expiration of the 90-day period. Disposition Notification time period user definable. Provide the ability to automatically set non- Adjudication - Specialized Services Driving Safety 17 compliant cases for Show Cause docket, and Deferred Important Y generate notice for the defendant. & Human Services Course Disposition Provide the ability to identify potential cases 18 for Alcohol and Tobacco court based upon Specialized Services Alcohol and ; age of defendant, type of violation, etc. & Human Services Tobacco Activl stem should dictate age logic based upon = ihe type of violation. For instance, a 16 yr. old with a tobacco citation would be 19 considered as a juvenile case while a 17 yr. Specialized Services Alcohol and old would be a minor. For alcohol cases, & Human Services Tobacco Activl under 16 yr. old should be treated as a juvenile while 17 to 20 yr. old is treated as a minor. System should query the database upon 20 entry of enhanceable violations and notify the court clerk and prosecutor based upon user defined search criteria. Provide the automated tracking/monitoring 21 of alcohol/tobacco cases through automatically generated notifications for convictions. Adjudication - Deferred Dispositian Adjudication - Deferred Disposition Essential I Y Essential I Y 5pecialized Services Alcohol and Adjudication - & Human Services Tobacco Activity Deferred Optional Y Disposition Specialized Services Alcohol and Adjudication - & Human Services Tobacco Activity Deferred Important Y Disposition Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 53 Section 8.0 Adjudication - Deferred Provide the automated routing of Specialized Services Alcohol and Adjudication - 22 Deferred Important Y alcohol/tobacco cases. & Human Services Tobacco Activity Disposition Adjudication - Automation in eCourt Specialized Services Alcohol and 23 When a case is indicated as non-compliant: Deferred Y is configured into the & Human Services Tobacco Activity Disposition workflow engine. Provide the ability to automatically generate an order to suspend licenses for up to 180 Adjudication - 24 days when non-compliance is indicated Specialized Services Alcohol and Deferred Important Y & Human Services Tobacco Activity (produce a DIC15 form for all drivers license Disposition suspensions). Automatically generate an order to suspend Adjudication - 25 the license for 30 days, beginning with the Specialized Services Alcohol and Deferred Important Y judgment date based upon the offense. & Human Services Tobacco Activity Disposition For probations, automatically route the non- Adjudication - 26 compliant cases to the probation revocation Specialized Services Alcohol and Deferred Important Y & Human Services Tobacco Activity docket. See Probation. Disposition Automatically route non-compliant alcohol Specialized Services Alcohol and Adjudication - 27 and tobacco cases in which there is a final Deferred Important Y judgment to the judge for review. & Human Services Tobacco Activity Disposition Automatically generate the DIC15, for DPS distribution, an Alcohol/Tobacco Notice of Adjudication - Specialized Services Alcohol and 28 Conviction when non-compliant, & Deferred Important Y & Human Services Tobacco Activity Suspension/Disqualification distribution Disposition when dismissed. For non-payment of fines forjuveniles (under Specialized Services Alcohol and Adjudication - 29 17), automatically generate the DIC81. & Human Services Tobacco Activity Deferred Important Y Disposition Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 54 Sectio n 8.0 Adjudication - Deferred Provide the ability to indicate the appropriate message on the setting notice, 30 per the defendant's age, regarding the Specialized Services Alcohol and requirements for a parent or guardian to & Numan Services Tobacco Activity appear before the judge with the defendant. Generate a suspension notice to suspend a 31 drivers' license for non-compliance on a Specialized Services Alcohol and system defined number of days for tobacco & Human Services Tobacco Activity convictions. Generate a suspension notice to 32 automatically suspend the drivers' license for Specialized Services Alcohol and & Human Services Tobacco Activity non-compliance on a system defined date. ` Deferred ovide a deferred disposition screen to Specialized Services Disposition • �enter plea bargain or probation agreements. & Human Services (Probation) Provide notification to court personnel when Deferred 34 action needs to be taken concerning cases Specialized Services Disposition with a deferred disposition. & Human Services (P^obation) Deferred Provide the ability to accept partial payment Specialized Services Disposition 35 for special expense fees. & Human Services (Probation) . Deferred 36 Provide the ability to flag a citation for Specialized Services Disposition warrant if defendant is non-compliant. & Human Services (Probation) Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Adjudication - Deferred Important Y Disposition Adjudication - Deferred Disposition Adjudication - Deferred Disposition Adjudication - Deferred Disposition Adjudication - Deferred Disposition Adjudication - Deferred Disposition Adjudication - Deferred Disposition Optional Y Optional Y Important Y Optional Y Important Y Important Y I.'�.9 Section 8.0 Adjudication - Deferred The system should automatically determine Deferred 37 eligibility for deferred based upon age, Specialized Services Disposition citation type, drivers license type, accident & Human Services (Probation) (Y/N), etc. Activity Deferred Provide the ability to automatically check the 38 system for additional citations on the Specialized Services Disposition defendant at the time the case is reviewed. & Human Services (Probation) Activity Automate the generation of the motion for Deferred 39 continuance generated by the prosecutor at Specialized Services Disposition the time of a reset. & Human Services (Probation) Activity Automate the generation of the order to Deferred 40 appear at the time the case is set for Specialized Services Disposition probation revocation. & Human Services (Probation) Activity Deferred 41 Automate the routing of all paperwork to the Specialized Services Disposition prosecutor for processing. & Human Services (Probation) Activity Deferred 42 Automate the routing of all paperwork to the Specialized Services Disposition judge for signed approval. & Human Services (Probation) Adjudication - Deferred Disposition Adjudication - Deferred Disposition Adjudication - Deferred Disposition Adjudication - Deferred Disposition Adjudication - Deferred Disposition Adjudication - Deferred Disposition Essential I Y Important � Y Important � Y Important � Y Important � Y Important � Y Automatically calculate the deferred Deferred Adjudication - disposition due date, based upon the date of Specialized Services Disposition 43 �udges approval based upon user defined & Human Services (Probation) Deferred Important Y Disposition criteria and defined calendar rules. Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 56 Section 8.0 Adjudication - Deferred Automatically place the finai payment due Deferred Adjudication - date, deferred disposition end date on the Specialized Services Disposition 44 physical copy of the printed receipt of the & Human Services (Probation) Deferred Essential Disposition pavment transaction. Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services l.�l Section 8.0 Adjudication - Trials o •. •. � Juvenile i � � „ Provide automatic processing on Obligation � i � iu 1 Court/Trials Arraignment Adjudication-Trials � I Notices including: Docket (JAD) � I Juvenile 2 Document Scanning Court/Trials Arraignment Adjudication -Trials Essential Y Docl<et (JAD) Create a docket entry indicating the notice Juvenile 3 Court/Trials Arraignment Adjudication-Trials Essential Y has been created and distributed. Docl<et (JAD) Disposition of Obligation Notice to be Juvenile 4 Court/Trials Arraignment Adjudication-Trials Essential Y determined. Docket (JAD) The system should generate an Obligation This is done throi � luvenile Notice that can capture muiltple digital interface with 5 Court/Trials Arraignment Adjudication-Trials Optional Y � signatures; one for the defendant and the Docket (JAD) Document defendant's parent, and one of the judge. Management System. The system should track a juvenile case by Juvenile 6 Court/Trials Arraignment Adjudication-Trials Essential Y DOB to initiate the JNA process. Docket (JAD) Provide for routing to the appropriate Juvenile 7 Court/Trials Arraignment Adjudication-Trials Important Y sections (Teen Court, Cashier, DSCE) Docket (JAD) Juvenile Provide setting notification specific to 8 Court/Trials Arraignment Adjudication-Trials Important Y juveniles. Docket (JAD) Provide the ability to exempt juveniles from Juvenile 9 warrant process until further ordered by the Court/Trials Arraignment Adjudication -Trials Essential Y court. Docket (JAD) Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 58 Section 8.0 Adjudication - Trials Automate the generation and transmission of Juvenile 10 the Texas DPS Form DIC81 for non-payment Court/Trials Arraignment Adjudication - Trials Optional Y and failure to appear. Docket (JAD) Automate the generation and transmission of Juvenile 11 an amended Texas DPS Form DIC81 upon Court/Trials Arraignment Adjudication - Trials Optional Y compliance. Docket (JAD) Ability to maintain the confidentiality of all Juvenile 12 Court/Trials Arraignment Adjudication-Trials Essential Y juvenile records in the Court system. Docket (JAD) The system should prompt a user if accessing a juvenile record visually notifying the Juvenile 13 individual (different color screens) that the Court/Trials Arraignment Adjudication -Trials Important Y Docket (JAD) record is a seal/confidentiai record. The system should not allow a cashier to Juvenile scept payment on a juvenile docket before it Court/Trials Arraignment Adjudication - Trials Essential Y is adjudicated. Docket (JAD) Ability to record attendance of all parties at a specific docket. The record should at a Court Room 15 minimum record the presence of each party Court/Trials Adjudication -Trials Important Y to the trial (judge, prosecutor, officer, Activity defendant, attorney, witness, etc.). Provide the ability to bridge to detail citation 16 information directly from the docket list Court/Trials Court Room Adjudication - Trials Important Y screen. Activity System should provide the ability to list all Court Room 17 Court/Trials Adjudication-Trials Important Y witnesses for a particular case. Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 59 Section 8.0 Adjudication - Trials Provide the ability to schedule cases for court (administrative control) per the defined court business rules. Various schedule tables are to be referenced in determining the next 18 Court/Trials Cases for Court Adjudication - Trials Essential Y available court date (i.e.. Docket schedule, court calendar, officer and attorney leave days/schedule, court holidays, number of weeks delay, etc. Provide the ability to set cases for court per 19 either the officer's availability or courtroom Court/Trials Cases for Court Adjudication - Trials Important Y availability (currently forjury triais only). Provide the ability to maintain a count of 20 unsuccessful attempts to schedule a court Optional Y case. Provide the ability to track unsuccessful ' 21 attempts to schedule a court date based upon Optional Y scheduling confiicts. Provide the ability to cancel court dates, on 22 individual cases, that have been previously set Court/Trials Cases for Court Adjudication -Trials Important Y for court. Provide the ability to reset cases for court on 23 Court/Trials Cases for Court Adjudication - Trials Essential Y individual cases. Provide the ability for the supervisor to 24 override the system calculated court date. Court/Trials Cases for Court Adjudication -Trials Important Y (Manual scheduling) Provide the ability to automatically schedule 25 Court/Trials Cases for Court Adjudication -Trials Essential Y multiple officers for a single court date. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 60 Section 8.0 Adjudication -Trials Provide administration the ability to create 26 and maintain court calendars (by the month Court/Trials Cases for Court Adjudication -Trials Essential Y and year) . The calendars will contain maximum set limits. Provide administration the ability to define 2� docket schedules and calendars to control Court/Trials Cases for Court Adjudication - Trials Essential Y maximum cases per docket date for automated court scheduling activities. Provide administration the ability to create 28 new docket types along with defined court Court/Trials Cases for Court Adjudication - Trials Essential Y room numbers, court dates/time. Ability to determine which officers are set by 29 specific docket and determine the number of Court/Trials Cases for Court Adjudication - Trials Important Y cases per officer that are set. �bility to determine the number of cases waiting to be set by officer. Court/Trials Cases for Court Adjudication - Trials Important Y Provide the ability to control the following 31 based on the docket classification (set class - Court/Trials Cases for Court Adjudication - Trials block): 32 Next set date Court/Trials Cases for Court Adjudication - Trials Essential Y 33 Docket schedule Court/Trials Cases for Court Adjudication -Trials Important Y 34 Printing of set notices Court/Trials Cases for Court Adjudication - Trials Essential Y 35 Creation of officer set notifications Court/Trials Cases for Court Adjudication - Trials Essential Y 36 Text for set class descriptions Court/Trials Cases for Court Adjudication - Trials Important Y 37 Text for setting notice messages Court/Trials Cases for Court Adjudication - Trials important Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 61 Section 8.0 Adjudication - Trials Provide the ability to define officer's 38 holiday/leave days, and court schedule, for Court/Trials Cases for Court Adjudication - Trials Essential Y automated court schedule activities. Provide the ability to define the attorney's 39 holidays and leave days for automated court Court/Trials Cases for Court Adjudication - Trials Important Y schedule activities. Accumulate and display the total number of 40 Court/Trials Cases for Court Adjudication - Trials Important Y times a citation has been set/reset for court. provide the ability to postpone setting of a 41 Court/Trials Cases for Court Adjudication -Trials Optional Y case at user discretion. Provide the ability to define specific activities 42 for a case with defined due dates. Court/Trials Cases for Court Adjudication - Trials Optional Y Provide the ability to set alerts for user ' defined case activities that will notify the user 43 Court/Trials Cases for Court Adjudication -Trials Important Y in a user defined period of time before the due date. Provide a warning message at the time officer day's off information is entered, notifying the 44 clerk that the officer has x cases currentiy set Court/Trials Cases for Court Adjudication - Trials Important Y for court. Provide the simultaneous view of cases on Court Room �� i' � I 45 screen during trials forthe following Court/Trials Activit Adjudication -Trials I � I individuals or roles: Y Court Room 46 Judge Court/Trials Adjudication-Trials Essential Y Activity Court Room 47 Prosecutor Court/Trials Adjudication-Trials Essential Y Activity Court Room 48 Defense Attorney Court/Trials Adjudication -Trials Important Y Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 62 Section 8.0 Adjudication -Trials Court Room 49 Defendant Court/Trials Adjudication-Trials Important Y Activity Court Room 50 PoliceOfficer Court/Trials Adjudication-Trials Important Y Activity 51 Jury Court/Trials Court Room Adjudication -Trials Optional Y Activity Display at a minimum the following � i Court Room 52 information on the same screen for in court Court/Trials Adjudication - Trials activities: Activity 53 Defendant Name Court/Trials Court Room Adjudication - Trials Essential Y Activity Court Room 54 Citation # Court/Trials Adjudication -Trials Essential Y Activity 55 Offense Court/Trials Court Room Adjudication - Trials Essential Y Activity Court Room ' Date of Offense Court/Trials Adjudication - Trials Essential Y - Activity 57 Number of settings Court/Trials Court Room Adjudication - Trials Important Y Activity 58 Officer Name Court/Trials Court Room Adjudication - Trials Essential Y Activity 59 Location of Offense Court/Trials Court Room Adjudication -Trials Essentia) Y Activity 60 Fine and Court Cost Breakdown Court/Trials Court Room Adjudication - Trials Essential Y Activity 61 Attorney Name Court/Trials Court Room Adjudication -Trials Important Y Activity Court Room 62 Witness(es)Name Court/Trials Adjudication-Trials Important Y Activity Court Room 63 Plea Decision Court/Trials Adjudication-Trials Essential Y Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 63 Section 8.0 Adjudication - Trials Court Room 64 Bond Amount Court/Trials Adjudication - Trials important Y Activity Court Room 65 Bond Type Court/Trials Adjudication -Triais Important Y Activity Court Room 66 Type of Docket Court/Trials Adjudication -Trials Important Y Activity Court Room 67 Event Notes Court/Trials Adjudication -Trials Essential Y Activity Court Room 68 Document Images Court/Trials Adjudication -Trials Important Y Activity Provide prosecutors the ability to add and Court Room 69 view prosecutor restricted notes for each case Court/Trials Adjudication -Trials Important Y based upon security. Activity Provide judges the ability to add and view Court Room 70 prosecutor restricted notes for each case Court/Trials Adjudication - Trials Essential Y based upon security. Activity Provide the ability to maintain and track FTA Court Room 71 activity which includes the following: Court/Trials Activity Adjudication - Trials Court Room 72 A warrant is ordered Court/Trials Adjudication - Trials Essential Y Activity The certificate of non-appearance (for Court Room 73 bond forfeitures) is filled out bythe Court/Trials Adjudication -Trials Essential Y Activity bailiff/clerk and electronically signed. Court Room 74 The judge signs the judgment. Court/Trials Adjudication - Trials Essential Y Activity Court Room 75 Provide the ability to view and print warrants. Court/Trials Adjudication - Trials Essential Y Activity Provide the ability to kill local warrants from Court Room 76 within the application Court/Trials Activity Adjudication -Trials Essential Y Provide access to Region/TCIC to kill warrants 77 through an interface to the regional warrant Court/Trials Court Room Adjudication - Trials Important Y Activity syste m. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 64 Section 8.0 Adjudication -Triais Provide the ability for the docket clerk to affix 78 a notary seal and Municipal Court seal for Court/Trials Court Room Adjudication -Trials Essential Y notarizations. Activity Provide the ability for docket clerks to electronically sign compiaints as an affiant Court Room 79 and/or notary (capture and store electronic Court/Trials Adjudication -Trials Important Y signatures tied to a unique citation and/or Activity document specific identifier). Provide the ability to add data (i.e. change of Court Room 80 Court/Trials Adjudication-Trials Important Y address) to the complaint information. Activity Provide the ability to generate charges in Spanish (from the complaint) during the trial. Court Room 81 Court/Trials Adjudication-Trials Optional Y , Use complaint/jury charge structure to create Activity 'third document, Spanish Compiaint. �� Provide an alert/notification for defendants Court Room 82 with speciai accommodation requirements Court/Trials Adjudication - Trials Optional Y (i.e. a flag indicating an interpreter is needed). Activity Provide the ability to capture officer no-show Court Room 83 information for officer no-show reporting Court/Trials Adjudication - Trials important Y purposes. Activity Provide the ability to renderjudgment and Court Room 84 Court/Trials Adjudication-Trials Essential Y affix judge's signature to each ludgment. Activity Provide the ability to batch judgments Court Room 85 Court/Trials Adjudication-Trials Important Y (documents -J-Sign) and dispositions. Activity Provide the ability to record prosecutor's Court Room 86 Court/Trials Adjudication-Trials Important Y offer and notes. Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 65 Section 8.0 Adjudication -Trials Provide the ability to apply a color coded flag/alert (based upon type of note) a case for Court Room 87 Court/Trials Adjudication-Trials Optional Y additional review based upon notes entered Activity bythe prosecutororjudge. Provide the ability for the City prosecutors to Court Room 88 review the officer's response and make a plea Court/Trials Adjudication -Trials Essential Y offer to the defense attorney. Activity Provide the ability to generate a user defined Court Room 89 report showing pre-trial offers by attorney Court/Trials Adjudication -Trials Important Y and then by defendant. Activity Provide the ability to email or electronically Court Room 90 send the pre-trial offer report to the Court/Trials Adjudication - Trials Important Y Activity appropriate attorneys. Provide the ability to select a batch (series or Court Room 91 group) of cases and apply a similar activity on Court/Trials Adjudication -Trials Essential Y the cases simultaneously. Activity Provide the ability for the judge to adjust the Court Room 92 fine before entering the judgment on the Court/Trials Adjudication - Trials Important Y individual case. Activity Provide the ability to create a pseudonym for Court Room 93 a minor witness to protect the identity of the Court/Trials Adjudication - Trials Important Y witness. Activity Jury Trial and Provide the ability to schedule and balance Attorney Plea 94 cases for court per the judges, officers and Court/Trials Docl<et — Adjudication - Trials Essential Y attorney's availability. Courtroom Activity Provide the ability for attorneys to view Jury Trial and Attorney Plea complaints/offers and /or print 95 Court/Trials Docket— Adjudication-Trials Important Y complaint/offer packets via a web based Attorney access portal. Courtroom Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 66 Section 8.0 Adjudication -Trials Jury Trial and Provide the ability to interface with Attorney Plea 96 Court/Trials Docket— Adjudication-Trials Optiona) Y DPS/County for updated juror information. Courtroom Activity Provide the ability to automate the jury and Jury Trial and Attorney Plea ATPD calendaring. Calendar must be 97 configured uniquely for each day and/or Court/Trials Docket— Adjudication -Trials Important Y docket. Courtroom Activity Provide the ability to capture officer's or External police-Court Citation supervisor's signatures for the receipt of Administration 98 officer subpoenas. If subpoena, info captured Issuance Activity (Police Adjudication -Trials Important Y electronically, but not as a signature. Department Liaison) s External Police-Court Provide the ability for officers (or the police Citation Administration 99 liaison) to update/maintain officer schedules Issuance Adjudication - Trials Optional Y per each NPD. Department Activity (Police s �iaison) External Police-Court Updates include vacations, scheduled shifts Citation Administration 100 ' Issuance Adjudication-Trials Optional Y days off, and leave time. Activity (Police Department Liaison) s Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 67 Section 8.0 Adjudication - Trials Send an alarm or auto notification to the police liaison when there is conflict in the External Police-Court officer's days off and/or change in shift(s) (i.e. Citation This would be an 101 the officer has cases set for court during the Issuance Administration Adjudication - Trials Optional C interface. API already Activity (Police period in which he has scheduled time off). Department exists Not an alarm but the info is available when s Liaison) changing court dates of an officer. External Provide the ability to route error tickets, and Police-Court Citation the associated error ticket form from the set Administration 102 ' Issuance Adjudication-Trials Important Y team, to the prosecutor, to the police liaison Activity (Police Department for processing of ticket errors. Liaison) s Provide the ability for the liaison to route the External Police-Court error ticket information to the appropriate Citation 103 supervisor, and for the supervisor/officers to Issuance Administration Adjudication - Trials Important Y make the required corrections via the ticket Department Activity (Police ' Liaison) error form. s External Police-Court Provide the ability to route the correction to Citation Administration 104 the originating prosecutor, and then to the Issuance Adjudication -Trials Optional Y set team for actual citation corrections. Department Activity (Police Liaison) s Provide for the automated generation of the External police-Court Citation 105 Missed Docket Report (for officers), per the Issuance Administration Adjudication - Trials Important Y Officer's Sign-In log information, and the Call- Activity (Police Department Off book information. Liaison) s Fort Worth RFP# 13-0207 Court Case Management Software and Impiementation Services 68 Section 8.0 Adjudication - Special Hearings o •. . . This is done through The system should generate the appeal Adjudication - Special integration with 1 Court/Trials Appeals Optional Y packet for the customer by judge. Hearings Document Management System The appeals pack should contains non-case 2 specific instructions (also available in Court/Trials Appeals Adjudication - Special Qptional Y Spanish) on the appeal process, along with Hearings timelines for the customer. If the defendant decides to appeal, the 3 defendant makes a motion for a new trial Court/Trials Appeals Adjudication - Special �mportant Y and the motion is docketed and scanned Hearings '�y the court clerk. ie system should generate an order for 4 the judge's electronic signature indicating Court/Trials Appeals Adjudication - Special �mportant Y his/her grant or denial of trial. Hearings The system shouid provide for an e-filing Adjudication - Special 5 module where a defendant/attorney can Court/Trials Appeals Optional Y Hearings electronically file a motion for appeal. The system shouid track the judge's decision on granting a new trial. The system should allow a notification to be Adjudication - Special 6 set to ensure that the judges ruling is Court/Trials Appeals Hearings Essential Y completed within a user defined window of time. Adjudication - Special 7 If a new trial is approved: Court/Trials Appeals Hearings Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 69 Section 8.0 Adjudication - Special Hearings New trial date is set before the original Adjudication - Special 8 Court/Trials Appeals Important Y Judge, Hearings Setting Notice is sent to the defendant from the judge, stating the new trial Adjudication - Special 9 granted, and informing them of the Court/Trials Appeals Hearings �mportant Y date/time. If a new trial is denied the system should Adjudication - Special 10 generate a letter from the Court Clerk Court/Trials Appeals Important Y Hearings which is sent to the defendant. If the trial is denied, the ' �y, �I attorney/defendant, will submit a notice Adjudication - Special , � I� 11 Court/Trials Appeals I 'i of appeal. The system should capture the Hearings notice of the appeal including the: Adjudication - Special 12 Scanned Copy of the Notice to Appeal Court/Trials Appeals Important Y Hearings 13 Appeal Date Court/Trials Appeals Adjudication - Special Important Y Hearings Tne system should add the preparation fee Adjudication - Special 14 to the case. The fee amount should be Court/Trials Appeals Essential Y defined by the user in a fee schedule. Hearings The system should allow a response from Adjudication - Special 15 the Appellate Court to be imported into Court/Trials Appeals Optional Y the Case file for the appealed case. Hearings The system should generate a notice/letter Adjudication - Special 16 to the defendant, informing them that the Court/Trials Appeals Important Y bond will be applied to the case. Hearings Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services �� Section 8.0 Adjudication - Special Hearings Upon passage of a user defined period of time, the system should provide notice to the Court Clerk to apply the bond to the 17 case costs unless notice is provided to the Court/Trials Court by the Defendant and to generate a refund for the remaining amount to the Defendant. If over-ruled, a notice should be generated to the Court Clerk to process a refund on 18 the Appeal bond, net of the appeal fee, to Court/Trials the defendant and change the status from suspended to closed. <- Provide the ability to set cases for �digency hearings per the defined court Administrative ' y for Indigency hearings. Hearings � Nrovide the ability to generate setting 20 notices to be distributed at the time the Administrative customer requests the hearing. Hearings Provide the ability to enterjudgments, and Administrative 21 dispositions for Indigency hearings. Hearings 22 Provide the ability to produce a daily Administrative docket of Indigency Hearings Hearings 23 Provide the ability to tie an indigency Administrative hearing to multiple cases. Hearings Provide a list of all the outstanding cases 24 (multiple tickets) of an individual for the Administrative processing/payment of each ticket (similar Hearings to TPP processing). 25 Provide the ability to indicate a stop in the Administrative process (new disposition). Hearin�s Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Appeals I Adjudication-Special ( Important ( Y Hearings Appeals Adjudication-Special Important Y Hearings Indigency Adjudication-Special Hearings Hearings Essential Y Indigency Adjudication - Special Hearings Hearings Important Indigency Adjudication - Special Essential Hearings Hearings Indigency Adjudication - Special Hearings Hearings Important Indigency Adjudication-Special Important Hearings Hearings Indigency Adjudication - Special Hearings Hearings Important Indigency I Adjudication - Special I Important Hearin�s Hearin�s Y Y Y Y Y Y 71 Section 8.0 Adjudication - Special Hearings Provide the ability to kill warrants and/or Administrative Indigency Adjudication-Special 26 cancei prior events upon approval to be Important Y set for the indigent docket. Hearings Hearings Hearings Ability to retrieve denial of tag designation Administrative Indigency Adjudication - Special 27 from indigency cases if found indigent. Hearings Hearings Hearings Important Y Provide the ability to track all cases set on Administrative Indigency Adjudication - Speciai 28 an indigency docket by defendant. Hearings Hearings Hearings Important Y Provide the ability to scan Code Compliance documents (checklists, proofs, Administrative Junk Vehicle Adjudication - Special 29 Important Y etc.) into the document management Hearings Hearings Hearings system for court hearings. 30 Provide the ability to set the hearing. Administrative Junk Vehicle Adjudication - Special Important Y Hearings Hearings Hearings 31 Provide the ability to notify appropriate Administrative Junk Vehicle Adjudication - Special Im ortant Y ' parties ofthe hearing. Hearings Hearings Hearings p Provide the ability to set the hearing for Administrative Junl<Vehicle Adjudication-Special 32 court and all capabilities associated with Important Y Hearings Hearings Hearings setting the case for court. Provide the ability to electronically receive Administrative General Adjudication - Special 33 Important Y and filemark petitions/notice to appeal. Hearings Requirements Hearings Provide the ability to automatically assign Administrative General Adjudication - Special 34 Essential Y a unique case number to the hearing. Hearings Requirements Hearings Provide the ability to set cases for Administrative General Adjudication - Special 35 administrative hearings and appeals per Essentia) Y the defined court day. Hearings Requirements Hearings Provide the ability to administratively set 36 the maximum number of cases for an Administrative General Adjudication - Special Important Y administrative/appeal docket. Hearings Requirements Hearings Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services �2 Section 8.0 Adjudication - Special Hearings Provide the ability to produce setting notices and allow the user to enter case Administrative General 37 specific information at the time the notice is generated as needed for administrative Hearings Requirements hearings/appeals. Provide the ability to produce a daily Administrative General 38 log/docket of administrative hearings/appeals Hearings Requirements Provide the ability to produce an 39 electronic file containing the petition, Administrative Property affidavit, judgment form, photographs of Hearings Hearings property/evidence for Property Hearings. Provide the ability to print copies of the Adjudication - Special Important Y Hearings Adjudication - Special Important Y Hearings Adjudication - Special Hearings Optional Y �operty docket listing in a predefined Administrative General Adjudication - Special Important ' Hearings Requirements Hearings `rmat. ' Red Light Provide the ability to receive and scan Administrative Adjudication - Special 41 Camera Important appeals for red light camera violations. Hearings Appeals Hearings Provide the ability to electronically receive Red Light Administrative Adjudication - Speciai 42 and store the video file associated with the Camera Important created red light appeal. Hearings Appeals Hearings Provide the ability to set a deadline for a Parking - Administrative Adjudication - Special 43 parking appeal to be accepted based upon Administrative the liability date. Hearings Appeals Hearings Parking - Provide the ability to notify traffic control Administrative Adjudication - Special 44 Administrative technicians of upcoming hearing dates. Hearings �____,_ Nearings Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Y Y Y Important � Y Important � Y 73 Section 8.0 Adjudication - Schooi Attend o � Provide the ability to standardize the data, format, School and batch generated SAC specific warrants, setting Adjudication - 1 Court/Trials Attendance Important Y notices, warrant notices, delinquent and summons School Attendance Court letters. Provide the ability to tracl< and maintain the School Adjudication - �� �I�� � iY� '�� '� , � �' �i !�, i' 2 Court/Trials Attendance �"I I dl h i � I � II� i following statistics: Court School Attendance III�� I �� �� I N; I School Adjudication - 3# of SAC FTA Cases Court/Trials Attendance School Attendance �mportant Y Court School Adjudication - . 4#ofSACJurytrials Court/Trials Attendance SchoolAttendance Important Y Court School Adjudication - 5# of SAC Fines Court/Trials Attendance School Attendance �mportant Y Court Total Number of SAC Cases by Action Code (Failure School Adjudication - 6 Court/Trials Attendance Important Y to Attend, Parent Attributing, etc.) School Attendance Cou rt Total Number of SAC Cases by Disposition by Day, School qdjudication - � Weel<, Month, Year Court/Trials Attendance School Attendance Important Y Court School Adjudication - 8 Total Number of SAC Cases by Race, Gender, Age Court/Trials Attendance School Attendance Important Y Court School Adjudication - 9# of cases referred to Juvenile Court Court/Trials Attendance School Attendance �mportant Y Cou rt Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services �4 Section 8.0 Adjudication - School Attend School Adjudication - 10 Total Payments by Day, Week, Month, Year Court/Trials Attendance School Attendance �mportant Y Court School Adjudication - 11 # of Dockets Court/Trials Attendance Important Y SchoolAttendance Court School Adjudication - 12 # of Settings Court/Trials Attendance Schoo) Attendance Important Y Court School # of students/parents checked-in on a daily, Adjudication - 13 weekly, monthly basis Court/Trials Attendance School Attendance �mportant Y Court School # of walk-in's seen on a daily. Weekly, monthly Adjudication - 14 basis Court/Trials Attendance School Attendance �mportant Y Court ' 'ovide the ability to update the warrant status of School Adjudication - i.. rhe student/defendant on the case management Court/Trials Attendance Schooi Attendance Essential Y system. Court School Provide the ability to create a new (companion Adjudication - 16 Court/Trials Attendance Important Y charge) for direct contempt of court. School Attendance Court The system should automatically automatically School replicate information on student ticket to parent Adjudication - 17 Court/Trials Attendance Optional Y record (i.e. address info) in cases where the parent Court School Attendance will be issued a citation. School The system should record date of birth (DOB) on Adjudication - 18 Court/Trials Attendance Important Y ali juvenile case records. School Attendance Court Provide the ability to batch, and produce School delinquent notices (per a set of pre-defined multi- Adjudication - 19 Court/Trials Attendance Important Y (evel criteria) and update the notification status School Attendance . Court Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 75 Section 8.0 Adjudication - School Attend Provide the ability to track the various SAC dispositions through the life of the case (including School pleas, judgments, cases set for Show Cause Adjudication - Z� dockets, jury trials, bench trials, warrants, Court/Trials Attendance School Attendance Essential Y disposition ofjudgment, payments/compiiance, Court Provide the ability to route cases to the casework 21 queue for continued SAC processing when necessary. ZZ Provide the ability for the SAC clerks to view caseworker specific information 23IProvide the abilityto create and sign compiaints. 24 � Provide the ability to docket and scan affidavits 25 IProvide the ability for the SAC judge to review warrants, sign warrants. 26 � Provide the ability to amend judgments. 27 � Provide the ability to view dockets Provide the ability to produce a referral log for 28 judges to tracl< summons served by Deputy Marshals and warrants served bv FWPD. School Court/Trials Attendance Adjudication - Important Court School Attendance School Court/Trials Attendance Adjudication - Important Court School Attendance School Adjudication - Court/Trials Attendance important School Attendance Court School Adjudication - Court/Trials Attendance Essential SchoolAttendance Court School Court/Trials Attendance Adjudication - Essential SchoolAttendance Court School Court/Trials Attendance Adjudication - Important Court SchoolAttendance School Adjudication - Court/Trials Attendance Important Court School Attendance School Adjudication - Court/Trials Attendance Optional SchoolAttendance Court Y Y Y Y Y Y Y Y , Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 76 Section 8.0 Provide the ability to automatically calculate and 29 display the defendant's age based on his/her date of birth. Provide the ability to route documents for 30 processing to the SAC judge and SAC clerk through every cycle of the SAC process. Provide the ability to route cases to the SAC judge 31 and SAC docket clerk based on the delivery of data/documents, current dispositions, and/on expiration dates. Adjudication - School Attend School Court/Trials Attendance Adjudication - �mportant Y Court School Attendance School Adjudication - Court/Trials Attendance Optionai Y SchoolAttendance Court School Adjudication - Court/Trials Attendance Optional Y SchoolAttendance Court Provide the ability for SAC personnel to set cases School Adjudication - 32 forvarious SAC specific dockets, and forjury trial Court/Trials Attendance School Attendance dockets. Court School , Provide the ability to receive payments remotely at Adjudication - `? SAC site for all tender types. Court/Trials Attendance Schooi Attendance Court � School Provide the ability to create and maintain a list of Adjudication - 34 Court/Trials Attendance current SAC warrants. School Attendance Court Provide the ability to scan or copy the photo ID of School Adjudication - 35 the parent, guardian or legal custodian upon Court/Trials Attendance School Attendance release of the student. Court Provide the ability to log the pertinent identifying information detailing the detention and release of 36 the student (time detained, time arrived at the Court, time released, name, phone number and photo of the person to whom the student is released). Provide the ability to electronically generate 37 judge's orders based upon the dispositions, conditions, etc. Important Y Important Y Important Y Important Y Y Y School Adjudication - Court/Trials Attendance Important SchoolAttendance Court School Court/Triais Attendance Adjudication - Important Court SchoolAttendance Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 77 Section 8.0 Adjudication - Schoo) Attend Provide the ability to track deferred disposition School 38 orders based upon judicial decisions of the SAC Court/Trials Attendance Adjudication - Important Y CourtJudge. Court SchoolAttendance Ability to track statue of limitations and specific School 39 statutory deadlines on all School Attendance Court Court/Triais Attendance Adjudication - casesincluding: Court SchoolAttendance School 40 Date the Case was filed Court/Trials Attendance Adjudicatio� - Important Y SchoolAttendance Court School 41 Date Scheduled for Court Court/Trials Attenda�ce Adjudication - �mportant Y SchoolAttendance Cou rt School Adjudication - 42 Date the case was adjudicated. Court/Trials Attendance School Attendance �mportant Y Court School Provide the ability to automatically expunge Adjudication - 43 records pending the final disposition of a SAC case. Court/Trials Attendance School Attendance Essential Y COUtt Provide the ability to select a range of fines that School Adjudication - 44 can be imposed over the life of the case and make Court/Trials Attendance School Attendance Important Y adjustments on the individual cases. Court Provide the ability to track deferred disposition School 45 orders based upon judicial decisions of the SAC Court/Trials Attendance Adjudication - Important Y CourtJudge. Court SchoolAttendance Provide the ability to track past due payments and School Adjudication - 46 Court/Trials Attendance Important Y mail delinquent notices School Attendance Court Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 78 Section 8.0 Adjudication -Teen Court B ♦ Provide the ability to add on eligible cases per Teen Court Adjudication - Teen 1 judge's order. Court/Trials Activity Court �mportant Y Provide the ability to identify requirements to Teen Court Adjudication - Teen 2 complete the program and notate when they are Court/Trials Important Y completed. (example: proof documents). Activity Court Provide the ability to track the various Teen Court dispositions through the life of the case 3(including pleas, judgments, cases set for Court/Trials Teen Court Adjudication - Teen Essential Y juvenile arraignment, teen court trial, Activity Court payments/compliance, etc.) Teen Court Adjudication -Teen 4 The tracking screen should: Court/Trials Activity Court �w for the logging of multiple citations on a Teen Court Adjudication - Teen ��ngle screen (like TPP and indigency cases). Court/Trials qctivity Court �mportant Y The Teen Courtjury sentence should be broken Teen Court Adjudication - Teen 6 down by case. Court/Trials qctivity Court Important Y 7 School attended by defendant. Court/Trials Teen Court Adjudication - Teen Important Y Activity Court Provide the ability to enter multiple Teen Court Adjudication -Teen 8 judgments/requirements. Onejudgmentper Court/Trials important Y case; multiple requirements per case. Activity Court Provide the ability to scan and store completed Teen Court Adjudication - Teen 9 Court/Trials Important Y Community Service verification forms. Activity Court System should allow for the recording of completed community service hours within the Teen Court Adjudication -Teen 10 system as a transaction so that progress toward Court/Trials Activity Court Important Y the community service goal can be maintained. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 79 Section 8.0 Adjudication -Teen Court The system should contain an easily accessible defendant notes screen where information Teen Court Adjudication - Teen 11 Court/Trials Important Y relevant to the Teen Court Activity can be Activity Court stored. Provide the ability to remove individuals from the teen court program and to return them to Teen Court Adjudication -Teen 1Z the general case management process forthe Court/Trials Activity Court Important Y routine processing of citations. Receive partial credit toward the fine for the Teen Court Adjudication -Teen 13 community service completed when not Court/Trials Activity Court Important Y completed in its entirety. The system should aliow for the capture of user TeenCourt Adjudication-Teen 14 defined reason codes for removal from the teen Court/Trials Important Y court program. Activity Court Provide the ability to format and the required Teen Court Adjudication - Teen 15 Court/Trials Optional Y . notices. Activity Court Provide the ability to batch produce delinquent notices based upon user defined criteria (per a Teen Court Adjudication - Teen 16 set of pre-defined multi-level criteria) and Court/Trials Activity Court Important Y update the case's disposition appropriately. Provide a daily batch produced list ofjuveniles Teen Court Adjudication -Teen 17 that are now eligible for warrant (over 17 years Court/Trials Important Y of age). Activity Court Provide the ability to track and maintain the Teen Court Adjudication - Teen 18 Court/Trials following reports: Activity Court TeenCourt Adjudication-Teen 19 # of teens per each court date Court/Trials Important Y Activity Court Statistical breakdown by each citation (by Teen Court Adjudication - Teen 20 Court/Trials Important Y offense) Activity Court Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 80 Section 8.0 Adjudication - Teen Court TeenCourt Adjudication-Teen 21 # of Teens by School, Age, Zip Code, Race Court/Triais Important Y Activity Court Teen Court Adjudication - Teen 22 Community Service Hours Completed Court/Trials Optional Y Activity Court Teen Court Adjudication - Teen 23 Hours Completed at City facilities Court/Trials Important Y Activity Court Form letters for parents in the event child is Teen Court Adjudication - Teen 24 Court/Trials Optional Y removed from program Activity Court Congratulations letter to teens who complete Teen Court Adjudication - Teen 25 the program Court/Trials Activity Court Optional Y Provide the ability to exempt juveniles who have an open Teen Court case from warrant Teen Court Adjudication - Teen 26 processing activities and from the actual Court/Trials Activity Court Essentiai Y generation of warrants. By case type. ;ovide the ability to protect juvenile Teen Court Adjudication - Teen Court/Trials Essential Y ,iformation and documents from public viewing. Activity Court Provide the ability to log the attendance of Teen Court Adjudication - Teen 28 defendants, and jurors for classes or jury duty, Court/Trials Optional Y Activity Court etc. Provide the ability for the judge to view complaints, enter judgments via teen court Teen Court Adjudication - Teen 29 Court/Trials Important Y queues which have had cases automatically Activity Court routed to him/her. Provide the ability to amend judgments. Conditional Judgments are created at the Teen Court Adjudication - Teen 30 referral; final judgments or orders of dismissal Court/Trials Important Y will be generated when the juvenile completes Activity Court or does not complete teen court. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 81 Section 8.0 Adjudication -Teen Court Provide the ability forjudges to attach notes to the judgment information for follow-up Teen Court Adjudication - Teen 31 processing by the Teen Court Clerk. Include a Court/Triais Important Y Judge's Notes section on the Conditional Activity Court ludgment. 32 Provide the ability to generate a docket list by Court/Trials Teen Court Adjudication -Teen �mportant Y date, by Court, by time, by defendant. Activity Court Provide the ability to automatically calculate and Teen Court Adjudication - Teen 33 display the defendant's age based on his/her Court/Trials Optional Y date of birth perthe date ofthe citation. Activity Court Provide the ability to route cases to the Municipal Courtjudge based on the delivery of Teen Court Adjudication - Teen 34 Court/Trials Important Y data/documents, current dispositions, and/or Activity Court expiration dates. Provide the ability to display an alarm/message Teen Court Adjudication - Teen 35 Court/Trials in the event: Activity Court TeenCourt Adjudication-Teen 36 A case has been reset 1 or more times Court/Trials Optional Y Activity Court A student has participated in the teen court TeenCourt Adjudication-Teen 37 program more than once within a two year Court/Trials Optional Y period. Activity Court Provide a daily batch produced list ofjuveniles 38 who entered into the system that have not Court/Trials Teen Court Adjudication -Teen Optional Y enrolled for teen court within 30 days. Activity Court Provide the ability to update the fine associated with a Teen Court case and add administrative Teen Court Adjudication - Teen 39 Court/Trials Essential Y fees when the juvenile is accepted into the Teen Activity Court Court program. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 82 Section 8.0 The system shouid automatically calculate administrative fees for Teen Court cases where a 40 Teen Court eligible case has been sent to collections upon which the defendant appears requesting Teen Court. Prevent the payment of fines if juvenile has not 41 been removed from the teen court program. Amount will be dismissed at the time of the referral. The system should provide the ability to track 42 juvenile community service hours for non-teen court cases within the system. �` *,,�-�'` ,; Adjudication -Teen Court Teen Court Adjudication - Teen Court/Trials Activity Court TeenCourt I Adjudication-Teen Court/Trials Activity Court I Teen Court I Adjudication - Teen Cou rt/Tria ls Activity Court Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Important Y Optional Y Optional � Y 83 Section 8.0 Compliance - Warrants B � Automatically produce (and reproduce) VPTA affidavits 14 days after a violation becomes delinquent. The New Violation of Compliance - 1 system shouid provide the ability for an administrator Important Y Citations Promise to Appear Warrants to use any violation codes as the criteria for the creation of VPTA affidavits. Provide the ability to automatically create (and automatically populate the appropriate data fields) New Violation of Compliance - Z based on the underiying citation at the same time the Citations Promise to Appear Warrants Optional Y affidavit is created. 3 Provide the ability to automaticaily create the VPTA New Violation of Compliance - O tional Y citation. Citations Promise to Appear Warrants p Provide one centralized screen for warrant confirmation processing. Access to warrant and defendant Warrant Compliance - 4 information should be easily accessible (and cross- Warrants Confirmation Warrants Essential Y referenced by name/DOB, alias, dl#, car tag, etc.). Provide the ability to view any document associated with a case in warrant status including but not limited Warrant Compliance - 5 to the image of the original citation, the complaint Warrants Essential Y letter, the judgment and the warrant for the warrant Confirmation Warrants confirmation. The system should include flags on zero balance cases Warrant Compliance - 6 to notify clerk of zero balance status. Warrants Confirmation Warrants �mportant Y The system's warrant alert screen should show the total Warrant Compliance - � balance due. Warrants Confirmation Warrants �mportant Y Provide the ability to queue confirmed cases to the City Warrant Compliance - 8 Warrants Important Y Arraignment Court for disposition. Confirmation Warrants Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 84 Section 8.0 Compliance - Warrants 9 Provide the ability to monitor confirmed warrants for Warrants Warrant Compliance - Important Y which there has been no response from other agencies. Confirmation Warrants Provide the ability for an outside agency to 10 electronically search the Court system's warrant Warrants Warrant Compliance - Optional Y database for confirmation procedures. Confirmation Warrants Provide the ability for the Warrant section to queue Warrant Compliance - 11 Warrants Important Y cases to the Walk-In Court. Confirmation Warrants Automate the generation of the Hit-Slip (tool used to 12 track the cases that have been confirmed on a specific Warrants Warrant Compliance - Important Y individual). Confirmation Warrants 13 Provide a mechanism to bundle an individual's Warrants Warrant Compliance - Important Y outstanding warrants for warrant tracking purposes. Confirmation Warrants Provide the ability to store an image of any document Warrant Compliance - ]n Warrants Essentiai Y •#ilized duringwarrant processing. Confirmation Warrants ie system should generate and electronically deliver Warrant Compliance - i., the warrant confirmation to the requesting Warrants Important Y agency/authority. Confirmation Warrants 16 Provide an alert to the judge indicating cash escrow Warrants Warrant Compliance - Important Y associated with a defendant. Confirmation Warrants 1� Provide the ability to scan a document (hit list) and have Warrants warrant Compliance - Important Y it associated with each associated case. Confirmation Warrants 18 Provide the ability to cascade changes to warrant �/�/arrants warrant Compiiance - �mportant Y information through all associated cases. Confirmation Warrants 19 Provide the ability to queue eligible case to the Warrant Warrants Warrant Print Compliance - Essential Y Sections. Processing Warrants Provide the ability for the system to prompt the clerk if Warrant Print Compliance - 20 Warrants Important Y it cannot flag a case for warrant. Processing Warrants The system should prevent a case from being flagged 21 for warrant if it is ineligible based upon user defined Warrants Warrant Print Compliance - �mportant Y criteria. Processing Warrants Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 85 Section 8.0 Compliance - Warrants Warrant Print Compliance - 22 Provide the ability to unflag warrants. Warrants Important Y Processing Warrants Warrant Print Compliance - 23 Provide the ability to reflag warrants. Warrants Important Y Processing Warrants Provide the ability to electronically re-send information Warrant Print Compliance - 24 Warrants Optional Y to region if it was not accepted by them initially. Processing Warrants The system should automatically attach a notification to Warrant Print Compliance - 25 the case indicating that the case has been sent Warrants Optionai Y electronically to the Region. Processing Warrants Provide the ability to perform defendant searches by warrant number if different from system generated Warrant Print Compliance - 26 case number. Upon finding the associated defendant, Warrants Important Y Processing Warrants the system is to list all of the outstanding warrants for that same individual. Provide the ability to perform defendant searches by Warrant Print Compliance - 27 Warrants Important Y � entering a vehicle license number. Processing Warrants Provide the ability to query warrants by age, sex, and/or Warrant Print Compliance - 28 Warrants Essential Y DOB. Processing Warrants Provide the ability to generate images of complaints Warrant Print Compliance - 29 Warrants Essential Y and warrants. Processing Warrants Provide the ability to queue warrants to the judge for Warrant Print Compliance - 30 Warrants Essential Y review and signature. Processing Warrants Provide the ability to route documents to the Warrant Print Compliance - 31 Warrants Important Y appropriate sections. Processing Warrants When an officer searches the Court system for vehicle Research Prior to ,N , i°� �;��I�,i�,� j 32 information: provide the following information for the Warrants Warrant Compliance - � p i ��� ;'',W owner of the vehicle. Executions Warrants �, ;i 'I, Research Prior to Compliance - 33 Tag # Warrants Warrant Important Y Warrants Executions Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 86 Section 8.0 34IMake of Vehicle 35 IModel of Vehicle 36 �Color of Vehicle 37 Provide a list of all defendants associated with a given Vehicle Tag # when queried from the system. 38 Provide local arrest warrant information for any other , cars tied to the individual in question. ne system should queue warrants by geographic �'`� Ilocation on one of the foilowing geographic basis: 40 �Mapsco Coordinates 41 �Zip Code 42 �Street Name by Block Number Range 43 �Police Department Patrol Division / Beat Compliance - Warrants Research Prior to Warrants Warrant Compliance - �mportant Wa rra nts Executions Research Prior to Compliance - Warrants Warrant Important Wa rra nts Executions Research Prior to Compliance - Warrants Warrant Important Warrants Executions Research Prior to Compliance - Warrants Warrant Important Executions Warrants Research Prior to Compliance - Warrants Warrant Important Executions Warrants Research Priorto Warrants Warrant Compliance - Warrants Executions Research Priorto Compliance - Warrants Warrant important Warrants Executions Research Prior to Compliance - Warrants Warrant Important W a rra nts Executions Research Prior to Compliance - Warrants Warrant Important W a rra nts Executions Research Prior to Compliance - Warrants Warrant Important Wa rra nts Executions Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Y Y Y Y Y Y Y Y Y 87 Section 8.0 Compliance - Warrants Research Priorto � Provide a warrant notice worksheet (printabie) Compliance - !i � 44 Warrants Warrant containing the following information: Warrants I Executions Research Prior to Compliance - 45 Lastthree I<nown addresses Warrants Warrant Important Y Wa rra nts Executions Research Priorto Defendant Information (height, weight, photo, DOB, Compliance - 46 Warrants Warrant Important Y name, race, sex) Warrants Executions Research Priorto Compliance - 47 Employer Information Warrants Warrant Important Y Warrants Executions Research Prior to Compliance - 48 Known Vehicle Information Warrants Warrant Important Y Wa rra nts Executions Research Priorto Warrant notices should be linked to a marshal that is Compliance - 49 attempting to serve a warrant. Warrants Warrant Warrants Optional Y Executions Research Priorto Provide a web portal that Marshall's can access via a Compliance - 50 MDC to track activity completed in the field. Warrants Warrant Warrants Important Y Executions Research Priorto � 51 Produce productivity reports including the following: Warrants Warrant Compliance - �/ I� VI I � i� Executions Warrants � , Research Priorto Compliance - 52 # of people arrests Warrants Warrant Important Y Warrants Executions Research Prior to Compliance - 53 # of warrants Warrants Warrant Important Y Warrants Executions Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services $8 Section 8.0 Compliance - Warrants Research Prior to 54 Activities completed that do not lead to arrest Warrants Warrant Compliance - Important Y Warrants Executions Research Priorto 55 # of warrants attempted Warrants Warrant Compliance - Important Y Warrants Executions Research Priorto 56 Dollar amount of warrants cleared by arrest Warrants Warrant Compliance - Important Y Wa rra nts Executions Research Prior to Breakdown of arrests by type of activity (interagency Compliance - 57 Warrants Warrant important Y transfer, investigation, transport, traffic stop) Warrants Executions Research Prior to 58 # of warrants confirmed Warrants Warrant Compliance - �mportant Y Executions Warrants � Research Prior to �� � of warrants scheduled Warrants Warrant Compliance - Important Y Executions Warrants Research Prior to 60 # of warrant alerts cleared Warrants Warrant Compliance - Important Y Executions Warrants Research Prior to 61 # of Tickets Issued Warrants Warrant Compliance - Important Y Executions warrants Research Priorto 62 Time in Court Warrants Warrant Compliance - Important Y Executions Warrants Research Prior to 63 Dollar Amount Cleared Warrants Warrant Compliance - Essential Y Wa rra nts Executions Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 89 Section 8.0 Compliance - Warrants Research Prior to Compliance - 64 # of ticl<lers/notifications cieared per staff per day Warrants Warrant Important Y Warrants Executions Research Prior to Compliance - 65 Arraignment Activity Warrants Warrant Important Y Executions Warrants Research Priorto Compliance - 66 Provide the ability to filter productivity reports. Warrants Warrant Important Y Executions Warrants 67 Provide the ability to: Warrants Warrant Compliance - Executions Warrants Distribute warrant data to regional office electronically Warrant Compliance - 68 in multiple formats fortraffic warrants. �/arrants Executions Warrants �mportant Y Warrant Compliance - 69 Notify Region of warrant I<ills Warrants Important Y Executions Warrants Process arraignment activities in the case management Warrant Compliance - 70 Warrants Important Y system. Executions Warrants Provide the ability to electronically store served Warrant Compliance - 71 probable cause warrants after served (search & Warrants Important Y Executions Warrants seizures, etc.). Provide the ability to electronically route served probable cause warrants to the appropriate areas Warrant Compliance - �Z (judge and Code) after served (demolition warrants, Warrants Executions Warrants Optional Y etc.). Provide the online ability for marshals to flag batches of citations for phone calls made, 2nd/3rd notice mailed, Warrant Compliance - 73 arrest made, bond made, add-ons (referring to the Warrants Optional Y Executions Warrants paper worl< delivered to the arresting agency) , and field- contact. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 90 Section 8.0 Compliance - Warrants Provide the ability for mobile point of sale devices that would allow the Marshalls to accept credit card 74 payments at the time the warrant is served and print a Warrants receiptforthe defendant. 75 Provide the ability to email copies of served warrants to Warrants the appropriate police department. Provide the ability to identify cases which have been 76 processed by the collection agency vs. the marshals (for Warrants collection agency payment purposes). Provide photo id system for identification, false ID 77 issues, etc. (internal generation of photos and county Warrants mu� shots). Fort Worth RFP# 13-0207 Court Case Management Software and implementation Services Warrant Compliance - Optional Executions Warrants Warrant Compliance - Executions Warrants Optional Warrant Compliance - Executions Warrants Optional Warrant I Compliance - Optional Executions Warrants Y Y Y Y 91 Section 8.0 Compliance - Bonds ► �� •. . Provide the ability to prepare ' Other Agency Bond Compliance - 1 deposits/payments for other agencies via Cash/Mail Essential Y the case management system. Distribution Bonds Provide the ability to extract other agency receipt transactions in a predefined Other Agency eond Compliance - 2 formatted file for the generation of Finance Cash/Mail Important Y invoices into the BuySpeed system for the Distribution Bonds processing of bonds. Provide the ability to review bond information in the court system, and to void/reissue the bond payment through the Other Agency Bond Compliance - 3 Cash/Mail Important Y Buy Speed interface due to discrepancies Distribution Bonds found after deposits have been posted by Finance. Provide the ability to set Compliance - 4 notifications/ticl<lers for appropriate time Court/Trials NISI/Summons Activity gonds Essential Y periods. Provide the ability to queue documents for Compliance - 5 the judge and prosecutor for review and Court/Trials NISI/Summons Activity gonds Essential Y processing. Provide the ability to communicate to other Compliance - 6 agencies that there is a disqualification of a Court/Trials NISI/Summons Activity gonds Optional Y bondsman to post bond. Provide the ability to assign sequential Compliance - 7 numbers to NISI cases that are linked to the Court/Trials NISI/Summons Activity gonds �mportant Y underlying ticket. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 92 Section 8.0 Compliance - Bonds Provide the ability to distinguish between Compliance - 8 Cash and Surety NISI cases. Court/Trials NISI/Summons Activity gonds Important Y Provide the ability to retain the same index Compliance - 9 from the underlying NISI case but assign a Court/Trials NISI/Summons Activity Important Y new/different case number Bonds Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 93 Section 8.0 Compliance - Human Services o � Provide the ability to maintain and track 1 CTS activity in order to determine Human Credit Time Served Compliance - Human Im ortant Y whether or not a prisoner has been Services (CTS) Services p released. Provide the ability to track money paid, Human Credit Time Served Compliance - Human 2 Essential Y and jail time served. Services (CTS) Services The system should provide access to Human Credit Time Served Compliance - Human 3 warrant history to help determine Important Y Services (CTS) Services eligibility for Credit Time Served. The system should record the following Human Credit Time Served Compliance - Human 4 forjail time: Services (CTS) Services Human Credit Time Served Compiiance - Human 5 Date judge committed defendant Optional Y Services (CTS) Services 6 Date incarcerated Human Credit Time Served Compliance - Human Optional Y , Services (CTS) Services 7 Date released Human Credit Time Served Compliance - Human �mportant Y Services (CTS) Services Human Credit Time Served Compliance - Human 8 Total Time in 1/2 hour increments Optional Y Services (CTS) Services Location where defendant was Human Credit Time Served Compliance - Human 9 incarcerated - table validated field Services (CTS) Services Optional Y 10 Released for any reason other than CTS Human Credit Time Served Compliance - Human Important Y Services (CTS) Services Ability to create electronic interfaces with Human Credit Time Served Compliance - Human 11 outside service providers who host City of Optional Y Fort Worth prisoners. Services (CTS) Services Provide the ability to maintain, and track Human Credit Time Served Compiiance - Human 12 proofs received (via mail, wall<-ins, and Important Y Services (CTS) Services arraignment court) for CTS. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 94 Section 8.0 Compliance - Human Services Provide the ability for a defendant to Human Credit Time Served Compliance - Human 13 request CTS via electronic interface or Optional Y efiling system. Services (CTS) Services Provide the ability to route CTS requests Human Credit Time Served Compliance - Human 14 to judge for review. Services (CTS) Services �mportant Y Ability to schedule a person for a docket Human Credit Time Served Compliance - Human 15 to present the CTS request before the important Y judge. Services (CTS) Services The system should credit the defendants case for credit time served based upon a Human Credit Time Served Compliance - Human 16 user defined rate per day based upon the Services (CTS) Services �mportant Y judge and the case will be closed. The system should have the ability to tipture partial credit for time served and Human Credit Time Served Compliance - Human Important Y rorated based upon user defined criteria Services (CTS) Services to one or many associated cases. The system should generate a notice of acceptance or denial including the Human Credit Time Served Compliance - Human 18 defendants name, # of hours credited, Important Y decision ofjudge and reason fordenial if Services (CTS) Services applicable. Provide the ability to send notice of 19 acceptance or denial to defendant Human Credit Time Served Compliance - Human �mportant Y electronically. Services (CTS) Services Provide an automated time payment plan screen for Time Payment Plan (TPP) 20 activities where an individua) can make Human Time Payment Plan Compliance - Human Essential Y restitution for outstanding citations over Services (TPP) Services a court defined period of time. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 95 Section 8.0 Compliance - Human Services Provide an efiling or kiosk based payment Human Time Payment Plan Compliance - Human 21 plan application process. Services (TPP) Services Optional C Zero Cost Provide the ability to select citations for Human Time Payment Plan Compliance - Human 22 inclusion on a payment plan by defendant Essential Y Services (TPP) Services name. The Court system user should have the 23 ability to schedule the payment Human Time Payment Plan Compliance - Human Essential Y Services (TPP) Services installment amounts and dates. If a case is adjudicated and the fine is imposed, the judge can create the payment plan in the court through a Human Time Payment Plan Compliance - Human 24 default setting (both time and amount) or Services (TPP) Services �mportant Y amend the default amounts based upon the judges discretion. Upon creation of the payment plan, the system should support an electronic Human Time Payment Plan Compliance - Human 25 Optional Y signature via a signature pad a�d stored Services (TPP) Services within the system. The judge should have the ability to route Human Time Payment Plan Compliance - Human 26 a case to a case worker for creation of a Important Y payment plan. Services (TPP) Services Provide a payment history screen showing both credits and debits by transaction Human Time Payment Plan Compliance - Human 27 Essential Y type for tracking the installment Services (TPP) Services agreement. Provide the ability to remove case records from a time payment plan. A case added to a payment plan in error can be deleted. Human Time Payment Plan Compliance - Human Z$ Or a new plan can be generated on the Services (TPP) Services Essentiai Y same cases if the previous plan has gone delinquent. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 96 Section 8.0 Compliance - Human Services For payment plans that will incur additional fines or fees, the system should Human Time Payment Plan Compliance - Human 29 calculate those fees and fines upfront and create the payment plan based upon the Services (TPP) Services total projected amount. Human Time Payment Plan Compliance - Human 30 At the point of TPP initiation: Services (TPP) Services Automatically kill locai warrants. 31 Warrants will be killed because of court Human Time Payment Plan Compliance - Human Services (TPP) Services action. 3Z Clear ail TBS credit dates for applicable Human Time Payment Plan Compliance - Human cases. Services (TPP) Services _: Suspend all other court activity pending Human Time Payment Plan Compliance - Human }mpletion of the payment plan. Services (TPP) Services , r'rovide the caseworker the ability to control the sequence of the citations 34 displayed on the screen. The order of the Human Time Payment Plan Compiiance - Human cases should be displayed in the sequence Services (TPP) Services in which the citations are to be paid at the cashier's window. 35 Process monthly Payments - Human Time Payment Plan Compliance - Human Services (TPP) Services Provide the ability for the cashiers to view 36 the TPP screen for the processing of Human Time Payment Plan Compliance - Human monthly payments. Services (TPP) Services 3� The system should provide a payment Human Time Payment Plan Compliance - Human screen that shows current balance. Services (TPP) Services 38 When a case is paid in full, the system Human Time Payment Plan Compliance - Numan should close the case. Services (TPPI Services Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Essential � Y Important ( Y Essential I Y Essential I Y Important � Y Essentia) I Y Essential Y Essential Y 97 Section 8.0 Compliance - Human Services Automatically queue TPP cases that are 39 delinquent for processing by the Human Time Payment Plan Compliance - Human Essential Y Services (TPP) Services caseworker each month. The system will trigger Capias warrants Human Time Payment Plan Compliance - Human 40 based upon notifications tied to Dunning Important Y Services (TPP) Services Levels. The system will allow the caseworker to make recommendations to the judge for Numan Time Payment Plan Compliance - Human 41 cases that should be submitted for Services (TPP) Services �mportant Y indigency hearings. Provide the ability to set up multiple TPP Human Time Payment Plan Compliance - Human 42 Essential Y plans. Services (TPP) Services For defendants who have an existing payment plan, allow the judge to add Human Time Payment Plan Compliance - Human 43 fines and fees from other cases to an Important Y Services (TPP) Services existing plan versus creating an entirely new payment plan. The system should preventthe caseworker from simultaneously setting 44 up a citation for more than one payment Human Time Payment Plan Compliance - Human Important Y plan by checking against a defendants Services (TPP) Services record for other outstanding plans. Provide the casework the ability to define Human Time Payment Plan Compliance - Human 45 when delinquency notices wiil be issued Essential Y by defendant. Services (TPP) Services After the user defined # of days without Human Time Payment Plan Compliance - Human 46 payment refer to collection agency and important Y create a Capias warrant. Services (TPP) Services Automate the update of the defendant Human Time Payment Plan Compliance - Human 47 mailing address for all cases per the TPP Important Y address entry. Services (TPP) Services Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 98 Section 8.0 Compliance - Human Services The system should generate an order Community 48 from thejudge documenting approval of Human Service/Work Compliance - Human Essential Y Community Service. It should include the Services Services judges signature. Release Produce a community service agreement Human Community Compliance - Human 49 Service/Work form which includes: Services Services Release Human Community Compliance - Human 50 Defendant Name Service/Work Important Y Services Services Release Community Human Compliance - Human 51 Defendant DOB Service/Work Important Y Services Services Release Total Eligible Amount Owed (The Community �. Human Compliance - Human ��Ilection fees are not eligible to be Service/Work Important Y Services Services '�uced via Community Service.) Release , Community 53 Defendant Contact Information Human Service/Work Compliance - Human �mportant Y Services Services Release Site Information (Site Contact, Address, Human Community Compliance - Human 54 Service/Work Important Y Contact Information) Services Services Release Community Human Compliance - Human 55 Required Completion Date Service/Work Important Y Services Services Release Community 56 Total Hours to be Completed Human Service/Work Compliance - Human Important Y Services Release Services Place for Site Supervisor to record hours Community Human Compliance - Human 57 when worked and to sign documenting Service/Work Important Y approval. 5ervices Release Services Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 99 Section 8.0 Compliance - Human Services The system should provide breakdown of Community Human Compliance - Human 58 eligible costs that may be covered by Service/Work Important Y Services Services Community Service worl< hours. Release Provide the ability to route community Human Community Compliance - Human 59 service orders directly to the caseworkers Service/Work Optional Y from the courtroom. Services Release Services Provide the ability to accept judge's Community Human Compliance - Human 60 signature electronically on the community Service/Work Optional Y Services Services service orderform. Release Produce an online sign-in log for the queuing of customers for use in Community determining the order of customers to be Numan Compliance - Human 61 called bythe caseworkers. Will be Services Service/Work Services Optional Y handled by the order in which cases Release appear in queue. Provide the ability to automatically route new community service citations (append additional cases to an existingjudgment Community Human Compliance - Human 62 for community service) to the judge for Service/Work Important Y review and approval. Case Worker will Services Release Services schedule new case on walk in docket for review by Judge. Provide the ability to adjust fines (per Human Community Compliance - Human 63 judge order) based upon user defined Service/Work Important Y Services Services security. Release Provide the ability to define and compile Community the community service pacl<et of Numan Compliance - Human 64 Service/Wori< Important Y documents presented/prepared for the Services Release Services customer. Create and tracl<the defendant's work Community Human Compliance - Human 65 assignments through the defendants Service/Work Important Y completion of the program. Services Release Services Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 100 Section 8.0 Compliance - Human Services Provide the ability to produce community Community service packets for every citation included Human Compliance - Human 66 Service/Work Essential Y in the agreed upon community service Services Services plan. Release Provide the ability to produce and store two versions of the work assignment document. The first containing the Human Community Compliance - Human 67 information at the time the program is Service/Work Important Y implemented. The second containing the Services Release Services completed department information, and containing the supervisor's final signature. Provide the ability to route community '':vice cases to the judge for �ommendation/approval on customer's Community ' requesting alternate methods of Human Compliance - Human 68 Service/Work Important Y restitution for partially completed Services Services community service. Queues for mail and Release if the defendant is present, scheduling them for walk in court. Provide the ability to route completed Community community service cases to the judge for Human Compliance - Human 69 credit approval and signature. Queuing as Services Service/Work Services Essential Y described above. Release Provide the ability to final community service cases by automatically updating Community Human Compliance - Human 70 the final disposition, and zeroing out the Service/Work Important Y Services Services balance. Conditions screen, Community Release Service screen? And Options. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 101 Section 8.0 Compliance - Human Services Provide the ability to automatically Community identify and queue delinquent community Human Compliance - Human 71 Service/Work Important Y service and TPP cases (per expiration Services Release Services dates). Community �i, ; i� I �� When identified the system should Human Compliance - Human 72 Service/Work automatically: Services Release Services Community Human Compliance - Numan 73 Generate a capias warrant Service/Work Important Y Services Release Services Community Human Compliance - Human 74 Generate the complaint, if applicable Service/Work Important Y Services Release Services Provide the ability to track the total Community number of people served and the dollar Human Compliance - Human 75 value for both community service and Services Service/Work Services Optional Y Release TPP. As addressed above. Provide the ability to track community Community Human Compliance - Human 76 service activity by department for cost Service/Work Optional Y Services Services statistics. Release Provide the ability to reduce the Community judgment amount by the collection fee. Human Compliance - Human �� Collection fee will be reduced when proof Services Service/Work Services Optional Y Release of completion is presented. Electronically distribute community Community Human Compliance - Human 78 service packets to the user department Service/Work Optional Y via email. Iftechnicallyfeasible. Services Release Services Provide the ability to identify potential cases based upon the application for Compliance - Human 79 Community Court by a defined case Court/Trials Community Court Services Important Y manager. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 102 Section 8.0 Compliance - Human Services Provide the ability to receive and scan Compliance - Human 80 Court/Trials Community Court Essential Y applications for Community Court. Services Provide the ability to receive electronic Compliance - Human 81 applications via email and attach the Court/Trials Community Court Optional Y application to the case automatically. Services Provide and maintain a list of approved Compliance - Human 82 community service agencies who can file Court/Trials Community Court Important Y applications on behalf of a defendant. Services Provide the ability to automatically reject an application for Community Court if the Compliance - Human 83 defendant has already participated in the Court/Trials Community Court Services Optional Y program. Provide the ability to kill warrants and -ancel prior events based upon successful Compliance - Human '::ceptance of an application for Court/Trials Community Court Services �mportant Y �ommunity Court. Provide the ability to automatically set all Compliance - Human 85 identified cases for Community Court. Court/Trials Community Court Services Important Y Provide the ability to a place the Compliance - Human 86 defendant on deferred/extended status Court/Trials Community Court Important Y for up to 180 days. Services Automatically set the defendant for a Compliance - Human 87 compliance hearing based upon the Court/Trials Community Court Optional Y Services length of the deferred/extended status. Generate a court order indicating the conditions of deferral/extension and Compliance - Human 88 automaticaily attach the order to the Court/Trials Community Court Services �mportant Y court case Fort Worth RFP# 13-0207 Court Case Management Software and implementation Services 103 Section 8.0 Compliance - Human Services Provide the ability to create one order per 89 defendant and link the one order to Court/Trials Community Court Compliance - Human Essential Y multiple cases. Services Provide the ability to flag a defendant as 90 completed Community Court to prevent Court/Triais Community Court Compliance - Human �mportant Y them from applying for Community Court Services a second time. Provide the ability to automatically 91 generate a capias warrant at a user Court/Trials Community Court Compliance - Human Important Y defined time if an individual fails to Services comply with the terms of the deferral. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 104 Section 8.0 Compliance - Jail Arraignment � •� - � � The arraignment system should Arraignment and Compliance -Jail � 1 capture the following information at Court/Trials i the time of appearance: Magistrate Activity Arraignment Arraignment and Compliance -Jail 2 Offender Name Court/Trials Essential Y Magistrate Activity Arraignment 3 DOB Court/Trials Arraignment and Compliance -Jail Important Y Magistrate Activity Arraignment Arraignment and Compliance -Jail 4 Offense Court/Trials Important Y Magistrate Activity Arraignment 5 Agency Court/Trials Arraignment and Compliance -Jail Important Y Magistrate Activity Arraignment '�nd Amount Court/Triais Arraignment and Compiiance -Jail Important Y Magistrate Activity Arraignment / Warrant # Court/Trials Arraignment and Compliance -Jail �mportant Y Magistrate Activity Arraignment Provide the ability to retain images of interface with Arraignment and Compliance - Jai) 8 arrest and search warrants with Court/Trials Essential Y Document restricted access. Magistrate Activity Arraignment Management system The system should provide the ability to record a digital image of any person Arraignment and Compliance -lail 9 who appears before the Court for Court/Trials Optional Y arraignment whether in person or via Magistrate Activity Arraignment video technology. On Adult Warnings - Provide the ability to capture an arraignment packet for Arraignment and Compliance - Jail 10 the jail attendant, arraignment clerk Court/Trials Essentiai Y and the judge to view the arraignment Magistrate Activity Arraignment documents. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 105 Section 8.0 Compliance -lail Arraignment Provide the ability to produce and Arraignment and Compliance -Jail 11 distribute an arraignment log report at Court/Trials the end of a shift with the following: Magistrate Activity Arraignment , , Arraignment and Com liance - Jail 12 # of arrai nments er shift Court Trials p Im ortant Y g p � Magistrate Activity Arraignment p Arraignment and Compliance -Jail 13 Case Disposition Court/Trials Important Y Magistrate Activity Arraignment Provide the ability for the jail attendants, judges office and warrant Arraignment and Compliance - Jail 14 supervisors to view the arraignment Court/Trials Magistrate Activity Arraignment �Ptional Y log. The system should provide access to Police teletype systems to transmit Arraignment and Compliance -Jail 15 Court/Trials Optional Y communications regarding prisoner Magistrate Activity Arraignment dispositions. Create an electronic form for TPP applications. Staff is in the process of Arraignment and Compliance -Jail 16 Court/Trials Optional Y developing an eForm to support this Magistrate Activity Arraignment requirement. The system should manage and track Arraignment and Compliance -Jail 17 both search warrants and arrest Court/Triais Essentia) Y Magistrate Activity Arraignment warrants. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 106 Section 8.0 Document Management e . � Provide the ability to retrieve reports, General 1 forms, letters, etc. that are generated from Requireme Document Document Essential Y Yes, standard functionality. Management Management the system. nts Complaints must be accessible by departmental report number or FWPD General Document Document 2 service number or any report number Requireme Essential Y Yes, standard functionality. assigned (accident, incident number) by nts Management Management authorized users. Provide ability to associate back file documents (complaints and associated General documents) to a case. The back file Document Document 3 Requireme Important Y Yes, standard functionality. _; rompiaints must follow the rules defined nts Management Management '',� system generated complaints (i.e. �uting and triggers). Provide access and data modification at any General 4 stage of capture, storage and retrieval Requireme Document Document �mportant Y Yes, standard functionality. simultaneously by authorized users. nts Management Management Provide an alternative indexing solution for General Document Document 5 the effective retrieval of documents Requireme important Y Yes, standard functionality. without an associated case number. nts Management Management Generai The document management system should Document Document 6 at a minimum index by: Requireme Management Management nts General 7 Defendant/Offender Name Requireme Document Document Essential y Yes, can be configured to Management Management accomplish this. nts Fort Worth RFP# 13-0207 Court Case Management Software and Implementation 5ervices 107 Section 8.0 Document Management General 8 Case # Requireme Document Document Essential Y Yes, can be configured to nts Management Management accomplish this. General Document Document Yes, can be configured to 9 Ticket# Requireme Essential Y Management Management accomplish this. nts General 10 Document ID Requireme Document Document Important Y Yes, can be configured to Management Management accomplish this. nts General Document Document Yes, can be configured to 11 Document Entry Date Requireme Important Y Management Management accomplish this. nts General 12 Provide the ability to store: Requireme Document Document Management Management nts ' General � Document Document 13 Documents Requireme Management Management Essential Y Yes, standard functionality. . nts General Document Document 14 TIFF Requireme important Y Yes, standard functionality. Management Management nts General Document Document 15 JPG Requireme Important Y Yes, standard functionality. � Management Management nts General Document Document 16 PDF Requireme Important Y Yes, standard functionality. Management Management nts General Document Document 17 Video Requireme Management Management �mportant Y Yes, standard functionality. nts Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 108 Section 8.0 Document Management General Document Document 18 Audio Requireme Important Y Yes, standard functionality. Management Management nts General Document Document We can store the JPG that a 19 Provide ability to capture fingerprints. Requireme Optional Y nts Management Management fingerprint scanner produces. Provide duplex scan capability with the General Document Document 20 system recognizing and not scoring blank Requireme Important Y Yes, standard functionality. pages. nts Management Management Access to scanned documents by the issuing departments (police, code General Document Document Z1 compliance, health, fire, etc.) based upon Reants me Management Management Important Y Yes, standard functionality. system security. The document management system should General Document Document ?""'�pw for the searching of any text element Requireme Important Y Yes, standard functionality. 'i file. nts Management Management �, ne system should provide OCR read General capability and populate data elements with Document Document Z3 the CMS system including the following ReQnts me Management Management areas: General 24 Return mail Requireme Document Document �mportant Y Yes, standard functionality. Management Management nts General Document Document 25 Parking ticket entry Requireme Important Y Yes, standard functionality. Management Management nts General Document Document 26 Citation entry Requireme Important Y Yes, standard functionality. Management Management nts General Document Document 27 Payment processing Requireme Important Y Yes, standard functionality. Management Management nts Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 109 Section 8.0 Document Management The system should accommodate non- General Document Document 28 Requireme Important standard size documents for scanning. nts Management Management Provide eFiling input, retrieval and storage General Document Document 29 capabilities for pre-trial motions, rulings, Requireme Optional and related materials nts Management Management General Document Document 30 Input, retrieval and storage capabilities for: Requireme Management Management nts General Document Document 31 Police Offense Reports Requireme Essential Management Management nts General Document Document 32 Code Enforcement Reports Requireme Essentia) nts Management Management General Document Document 33 Environment Reports Requireme Essential Management Management nts General Document Document 34 Fire Investigation Reports Requireme Essential Management Management nts General 35 Motions Requireme Document Document Important Management Management nts General 36 Case Notes Requireme Document Document Important nts Management Management General 37 IOC's Requireme Document Document Important Management Management nts Y � Yes, standard functionality. Yes, standard functionality. Y ( Yes, standard functionality. Y � Yes, standard functionality. Y Y Y Y Y Yes, standard functionality.. Yes, standard functionality. Yes, standard functionality. Yes, standard functionality. Yes, standard functionality. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 110 Section 8.0 Document Management General 38 Faxes Requireme Document Document �mportant Y Management Management nts General 39 Letters of Representation Requireme Document Document �mportant Y nts Management Management General 40 Case Correspondence Requireme Document Document �mportant Y nts Management Management General 41 Case Evidence Requireme Document Document Important Y nts Management Management General Provide standard bar code scanning Document Document 42 Requireme Important Y capabilities according to standards. Management Management � nts ' General ovide OCR/ICR/Barcoding (with field Document Document 4� �' Requireme Important Y indexing) capabilities. nts Management Management Provide the ability to create new versions of scanned images when General Document Document 44 corrections/updates are made to the Requireme Important Y document while maintaining each prior nts Management Management version. Provide file annotation capability with General Document Document 45 flagging ability for internal and external Requireme Important Y Management Management users. nts Provide ability to have simultaneous view General of cases on screen during trials (to include Document Document 46 Requireme Optional Y ludge, prosecutor, defense attorney and/or nts Management Management defendant, and jury panel). Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Yes, standard functionality. Yes, standard functionality. Yes, standard functionality. Yes, standard functionality. Yes, standard functionality. Yes, standard functionality. Yes, standard functionality. Yes, standard functionality. 111 Section 8.0 Document Management Provide the ability to access any General photographic or digital images of arrestees Document Document 47 Requireme Important along with their personal identification Management Management information. nts Provide electronic signature capabilities General Document Document 48 using email or digital signature Requireme important functionality. nts Management Management Provide the ability to appiy rules regarding General Document Document 49 the type of electronic signature to be Requireme Important applied to a document. nts Management Management Provide the ability to electronically apply General Document Document 50 Requireme Important notary stamp to documents (complaint). nts Management Management Provide the capability for regular recopying, reformatting, and other General necessary maintenance to ensure the Document Document 51 Requireme Important retention and usability of electronic nts Management Management records until the expiration of their retention periods. General SZ Provide the ability to recognize and report Requireme Document Document Optional duplicate documents. nts Management Management General Provide the ability to scan true color pocument Document 53 Requireme Important documents or images. nts Management Management Provide the ability to scan a variety of General Document Document 54 tones to one uniform tone (some Requireme Important jacl<ets/documents are light/darl<). nts Management Management General Provide the ability to restrict access and/or pocument Document 55 Requireme Important updates to specific documents. nts Management Management Y ( Yes, standard functionality. Y Y Y Y Y Y Y Y Yes, standard functionality. Yes, standard functionality. Yes, standard functionality. Yes, standard functio�alit� Yes, standard functionality. Yes, standard functionality. Yes, standard functionality. Yes, standard functionality. � � Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 112 Section 8.0 Document Management Provide the ability to delete scanned General Document Document 56 documents based upon system defined Requireme Management Management Important Y Yes, standard functionality. security. nts General Provide the ability to attach copies of Document Document 57 Requireme documents to: nts Management Management General 58 Emails Requireme Document Document �mportant Y Yes, standard functionality. nts Management Management General Document Document 59 Word Documents Requireme Important Y Yes, standard functionality. Management Management nts General Document Document 60 Excel Documents Requireme Important Y Yes, standard functionality. Management Management nts � system should contain a records , z'tention management tool that allows the General 61 user, based upon system security, to Requireme Document Document Essential Y establish records retention parameters nts Management Management based upon record type. General Provide the ability to assign a retention Document Document 6Z schedule at the creation of the record. Requireme Management Management Important Y eCourt Fucntionality nts Provide an administrative process that General Document Document 63 generates a queue of records that are Requireme Important Y eCourt Fucntionality scheduled and ready to be purged. nts Management Management Provide an administrative process that General 64 generates a list of records that are ready Requireme Document Document �mportant Y eCourt Fucntionality for purging. nts Management Management The system should automaticaily purge all General Document Document 65 records that have met the conditions Requireme Important Y eCourt Fucntionality specified in the retention schedule. nts Management Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 113 Section 8.0 Document Management Provide override capability whereby a user General Document Document 66 can prevent the purging of a document Requireme Important based upon user defined security. nts Management Management Provide the ability to identify records as General 67 public or private based upon user defined Requireme Document Document Important Management Management pa ra meters. nts Provide an encryption mechanism that General Document Document 68 Requireme Important encrypts electronic signatures. nts Management Management 69 Provide reports from the document Re eu reme Document Document managementsystem including: ants Management Management Total # of documents imaged by day, General Document Document 70 Requireme Important month, year nts Management Management Total # of documents imaged by General Document Document 71 , Requireme Important individual/user nts Management Management Provide the ability to log and view the General 72 transaction and disposition activity of all Requireme Document Document citations. Log must inciude: nts Management Management General Document Document 73 Entry/Update Date and Time Requireme Important Management Management nts General 74 User ld Requireme Document Document Important Management Management nts General 75 PC IP Address Requireme Document Document Important Management Management nts Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services u Y eCourt Fucntionality eCourt Fucntionality Y eCourt Fucntionality Y Standard Report Y Standard Report Y Y Y 114 Section 8.0 76 �Disposition/Transaction Codes Document Management General Document Document Requireme Important nts Management Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 115 Section 8.0 Case Management B •� •� • 1 The system shouid automatically generate or Court/Trials Sets Case Essential Y create complaints based upon legal requirements. Management Provide the ability to review complaints, and Case 2 Court/Trials Sets Essential Y make corrections as needed. Management Provide the ability to maintain and update 3 defendant, attorney, officer and witness Court/Trials Sets Case Essential Y information. Management Updates for defendant, attorney, officer and witnesses will provide the option to the court Case 4 clerk to update the change to all open cases for Court/Trials Sets Management Essential Y the defendant, attorney, officer and or witness. ; Provide an automated electronic docket listing for S court docket for a selected court room at a Court/Trials Sets Case Essential Y selected time. Management Provide the ability to prompt staff to make sure 6 all steps have been completed as the case gets Court/Trials Sets Case Optional Y set for trial. Management The system should allow a specific limit on the 7 number of resets allowed before dismissal due to Court/Trials Sets Case Optional Y officer's non-appearance. Management The system should include a bar code or QR code Case 8 on the setting notice to reduce entry time and Court/Trials Sets Optional Y create a receipt confirmation. Management The system should provide a workload 9 management report/screen that allows users to Court/Trials Sets Case Optional Y determine the upcoming workload for a specific Management docl<et. Fort Worth RFP# 13-0207 Court Case Management Software and Impiementation Services 116 Section 8.0 Case Management Case 10 Schedule Events based on: Court/Trials Sets Management Case 11 Attorneyavailability(forjurytrials) Court/Trials Sets Important Y Management Case 12 Officer's availability regardless of the docket type Court/Trials Sets Essential Y Management 13 Judge's court date Court/Trials Sets Case Important Y Management 14 Provide the ability to search for a triai docket by: Court/Trials Sets Case Management Case 15 Court/Set Date Court/Trials Sets Essentia) Y Management Case 16 Court/Set Date/Time Court/Trials Sets Essential Y Management ficer ID Court/Trials Sets Case Important Y Management 18 Attorney ID Court/Trials Sets Case �mportant Y Management Case 19 Bond ID Court/Trials Sets Important Y Management Case 20 Defendant Name Court/Trials Sets Essential Y Management Case 21 Witness Name Court/Trials Sets Important Y Management Provide case setting statistics which includes the Case 22 following information for each defined court Court/Trials Sets date: Management 23 Total Set Court/Trials Sets Case �mportant R Management Case 24 Total Pending Settings Court/Trials Sets Important R Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 117 Section 8.0 Case Management 25 Tota) Reset Court/Trials Sets Case Important R Management 26 Total Cleared Court/Trials Sets Case Important R Management 27 Total Prose Cases Court/Trials Sets Case �mportant R Management 28 Total Attorney Cases Court/Trials Sets Case Important R Management Case 29 Total Traffic Citations Court/Trials Sets Important R Management 30 Total General Citations Court/Trials Sets Case �mportant R Management 31 Total Accident Dockets Court/Trials Sets Case Important R Management 32 Total Hearings Court/Trials Sets Case Important R Management Provide setting statistics for all dockets broken Case �' 33 Court/Trials Sets down by: Management 34 Daily Court/Triais Sets Case Important R Management 35 Weekly Court/Trials Sets Case Important R Management 36 Monthly Court/Trials Sets Case Important R Management 37 Quarterly Court/Trials Sets Case Important R Management 38 Year�y Court/Trials Sets Case �mportant R Management 39 Provide the oniine display of case set statistics for Court/Trials Sets Case each citation. Set Statistics may include: Management 40 Prose Pretrial Court/Trials Sets Case �mportant R Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 118 Section 8.0 Case Management Case 41 Prose Bench Trial Court/Trials Sets Important R Management Case 42 ProseluryTrial Court/Trials Sets Important R Management Case 43 Attorney Pretrial Court/Trials Sets Important R Management � 44 Attorney Plea Court/Trials Sets Case Important R Management Case 45 AttorneyJuryTrial Court/Trials Sets Important R Management Case 46 Attorney Bench Trial Court/Trials Sets Important R Management Case 47 Total Number of time set for Court Court/Trials Sets Important R Management � Batch �vide the ability to set and reset cases for court Controlled Case � c`hrough batch processing. Court/Trials Calendar Management Essential Y Resets Batch The new court set dates should be defined by the Controlled Case 49 entry of reset date, time, and court for each case. Court/Trials Calendar Management Important Y Resets Batch Provide a preliminary batch reset notification to Controlled Case 50 show conflicts in court dates and officer Court/Trials Important Y Calendar Management schedules. Resets Provide a process to allow a court clerk to review Batch the set and reset dates for a cases set/reset Controlled Case 51 through the batch process and flag the cases as Court/Trials Calendar Management Important Y reviewed. Resets Automatically, through batch processing, produce Setting Case 52 Court/Trials a: Notices Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 119 Section 8.0 Case Management Setting Case 53 List of cases set for court Court/Trials Essential Y Notices Management Produce setting notices for defendants, witnesses Setting Case 54 and attorneys Court/Trials Notices Management Essential Y Provide the ability to control the printing of 55 GENERAL and DOCKET SPECIFIC verbiage on Court/Trials Setting Case Essentia) Y setting notices through administrative docket Notices Management control tables. Provide the ability to electronically deliver setting Setting Case 56 notices to all parties via email, text message and Court/Trials Optional Y automated phone recording. Notices Management Provide the ability to consolidate multiple cases Setting Case 57 Court/Trials Essential Y onto a single setting notice. Notices Management Provide ability to flag citations requiring witness appearance and allow the entry of witness Witness Case 58 information at the time the citation is entered Court/Trials Letters Management Important Y and/or when case is set for court. Provide the ability to control the printing of either a witness letter or subpoena at the time a setting Witness Case 59 Court/Trials important Y notice is printed, or at the time the case is flagged Letters Management for a one time printing of a(etter/subpoena. Provide the ability to control the reprinting of Witness Case 60 witness letters and subpoenas through a batch Court/Trials Important Y Letters Management process. Provide the ability to clear the print request to Witness Case 61 produce witness letters and subpoenas. Court/Tria�s Letters Management Important Y Provide the ability to inactivate witness records Witness Case 62 for the control of processing of witness notices or Court/Trials Important Y letters based upon type of hearing. Letters Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 120 Section 8.0 Case Management Provide a mechanism to override the generation Witness Case 63 Court/Trials Important Y of witness setting notices. Letters Management Provide the ability to cross reference witness Witness Case 64 Court/Trials Important Y citations per the entry of a witness name. Letters Management Provide the ability to route court schedules, case Officer documents and other information to the officer Notification Case 65 Court/Trials Essential Y associated with a citation and prompt the officer of Court Management to review the material. Date Provide the ability for the officer to respond to Officer Notification Case 66 required cases by selecting, "recall" or "not recall" Court/Trials Essential Y the specific citation. of Court Management Date Provide the ability to escalate cases to the police Officer liaison where the officer has not reviewed the Notification Case 67 ?quired case documents prior to the scheduled Court/Trials of Court Management Important Y lurt date. Date Provide the ability to control the printing of the Officer Notification Case 68 officer notification (for court appearance) on trial Court/Trials of Court Management �mportant Y dockets. Date The bottom legend ofthe officertrial dockets Officer Notification Case 69 may consist of the following values regarding Court/Trials of Court Management officer notification: Date Officer may be required to appear, Subpeona'd, Officer Notification Case 70 dependent on Event Type - may be excused by Court/Trials of Court Management �mportant Y Prosecutor - noted in Event Notes. Date Officer Officer required to appear. Subpoena'd, Notification Case 71 dependent on Event Type Court/Trials of Court Management Important Y Date Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 121 Section 8.0 Case Management Officer Officer NOT required to appear - Not Subpoena's, Notification Case �Z dependent on Event Type Court/Trials of Court Management Important Y Date Display the officer's set frequency totals for the Officer Case 73 current and previous month. Court/Trials Information Management �mportant Y Display and maintain a list of available court dates, to be user defined by court policies and Officer Case 74 procedures, based upon event type for each Court/Trials officer for each month. The court dates Information Management information is to include: 75 Court Number I Court/Trials I Officer ( Case I Essential Y Information Management 76 Day of the Weel< Court/Trials Officer Case �mportant Y I�formation Management 77 Time Court/Trials Officer Case �mportant Y Information Management Officer Case 78 Weel<ofthe Month. Court/Trials �nformation Management Essential Y Display, maintain and update a calendarfor each Officer Case 79 officer which contains work schedule, non Court/Trials Important Y working days and vacation days. Information Management Provide the ability to deactivate or reactivate the Officer Case 80 schedule/calendar for an officer who is no longer Court/Trials Information Management Essential Y emeloved or is on leave. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 1z2 Section 8.0 Case Management Ability to select all cases to be set or reset for an Case 81 officer, attorney and/or defendant and then set Court/Trials Sets Essential Y the case via batch process. Management Display the attorney's set frequency totals for the Attorney Case 82 Court/Trials Optional Y current and previous month. Information Management Display, maintain and update a calendar for each Attorney Case 83 attorney which contains their specific vacation Court/Triais Important Y Information Management days. Provide the ability, based upon Event Type, to flag Attorney Case 84 a case to generate notices for delivery to the Court/Trials Important Y Information Management attorney only. Provide the ability to deactivate or reactivate an Attorney Case 85 attorney without deleting any case history Court/Trials Important Y �ssociated with the attorney. information Management �vide the ability to add, remove or substitute an attorney for an active case while maintaining Attorney Case 86 the historical association of the attorney with the Court/Trials Information Management �mportant Y case. Provide the ability to maintain bondsman Attorney Case $� information. Court/Trials �nformation Management Important Y Provide the ability to set a case for arraignment Case 88 or trial automatically based upon case type. Court/Trials Sets Management Essential Y Create a multi-event note for docket check and Case 89 an auto add for multiple violations. Court/Trials Sets Mana�ement �mportant Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 123 Section 8.0 Juror System , � . Ability to import a juror list from a source 1 system such as the state DPS, Voter Court/Trials Juror System Juror System Important Y Registration and/orthe County system. Ability to determine eligibility requirements for 2 juror selection based upon user defined Court/Trials Juror System Juror System Important Y criteria such as city of residence. Ability to select a pool orjurors based upon a 3 Court/Trials Juror System Juror System Essential Y random selection algorithm. Ability to generate notices to selected jurors 4 Court/Trials JurorSystem JurorSystem Essential Y indicating the report date, time and location. Ability to determine the number of jurors 5 Court/Trials JurorSystem JurorSystem Important Y required based upon upcoming court calendar. Provide the ability for potential jurors to 6 complete and file a qualifications Court/Trials Juror System Juror System Important Y questionnaire. Provide the ability for the juror to file 7 exceptions based upon the qualifications Court/Trials Juror System Juror System Important Y response. Provide the ability for the potential juror to submit documentation online. Examples of 8 Court/Trials Juror System Juror System Optional N documentation would include Dr's.' note, person in household that is handicapped, etc. Provide the ability to generate (hard copy or electronic format) a confirmation of exemption 9 which can be mailed to individuals who Court/Trials Juror System Juror System Important Y requested exemption. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 124 Section 8.0 Juror System Provide the ability for the potential juror to 10 request a reset if they are unavailable for the Court/Trials Juror System Juror System Important selected dates. 11 Provide the ability to record required Court/Trials Juror System luror System Important accommodations required for a juror. Provide the ability for the potential juror to 12 check-in via online website or by presenting Court/Trials Juror System Juror System Optional oneself in person to a City staff inember. Provide the ability to automatically shuffle the 13 �uror list upon check-in. Court/Trials Juror System Juror System Important 14 Provide the ability to reshuffle the juror list Court/Trials Juror System Juror System Important one time at the request of an attorney. Provide the ability to assign jurors to specific 15 Court/Trials Juror System Juror System Essentia) courts and court locations. `'+-ovide the ability to create a list of selected Court/Trials JurorSystem JurorSystem Important ors. ��rovide a list of jurors who were struck from 17 the potential pool ofjurors. Court/Trials JurorSystem JurorSystem Important Provide the ability to remove a juror from the 18 pool of potential jurors after serving one term Court/Trials Juror System Juror System Important for a user defined period of time. 19 Provide the ability to generate a juror voucher Court/Trials Juror System Juror System Important that can be redeemed for payment. Provide the ability to generate a certificate of 20 service documenting completion ofjury Court/Trials Juror System Juror System Important service. Z1 Allow for a juror to be scheduled for one or Court/Trials Juror System Juror System important more days of service. ZZ Provide the ability to record and associate the Court/Trials Juror System Juror System Important case number with each juror's service. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Y Y Y Y Y Y Y Y Y Y Y Y Y 125 Section 8.0 Quality Control e •� 1 Ability to interface with the TXDMV and Miscellaneous State License Quality Control Essential Y bring in registered owner information. Admin Activity Tag Generate required reports in a format Benchmark 2 Reporting Quality Control acceptable to the state agency: Reports Texas Comptroller's - State of Texas Benchmark 3 Reporting Quality Control Essential R Quarterly Court Costs and Fees Reports Texas Parks and Wildlife - Marine and Benchmark 4 Water Safety Report Reporting Reports Quality Control Essential R Office of Court Administration - Court Benchmark 5 Reporting Quality Control Essential R Statistics Reports Office of Court Administration - In House Benchmark , 6 Reporting Quality Control Essential R Collections Reports Benchmark 7 External Auditor - Total System Activity Reporting Quality Control Essential R Reports eenchmark 8 Texas Motor Carrier Weight Report Reporting Quality Control Essential R Reports Provide integration with the Texas Department of Public safety for the Miscellaneous Monthly 9 Quality Control Essential R electronic transmission of convictions to Admin Activity Convictions driving records. Provide supervisory security controls for the authorization of convictions to state Miscellaneous Monthly 10 ' Quality Control Essential R and for the generation of conviction Admin Activity Convictions correction letters. Provide a warning message in the event Miscellaneous Monthly 11 the conviction correction's associated Quality Contro) Important R citation has not actually been dismissed. Admin Activity Convictions Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 126 Section 8.0 Quality Control Provide the ability to reconfigure the 12 criteria for conviction letters/reports sent Miscellaneous Monthiy Quality Control Important R to DPS (i.e. add additional violations). Admin Activity Convictions Provide audit trail (date, time, userid of Miscellaneous Monthly 13 the conviction correction) forthe tracking Quality Controi Important R of conviction correction requests. Admin Activity Convictions 14 Associate the CFW violation code with the Miscellaneous Monthly state offense code. Admin Activity Convictions Quality Control Essential R Design the layout of the forms/letters sent 15 to state using the existing DPS forms (i.e. Miscellaneous Monthly Quality Control Important R DIC15, DIC81, DIC16) as the template. Admin Activity Convictions 'rovide the ability to remove all Expunction _� "references to a page or record that has Records Quality Control Essential R been expunged from the index. Activities Provide system security that utilizes 17 multiple levels of workflow to identify, Records Expunction Quality Control Important Y prepare and expunge the identified Activities record. Pull and/or hold record expunction 18 capability (physical or indexed expunction) Records Expunction Quality Control Essential Y to comply with state mandate. Activities 19 Provide the ability to expunge all backup Records Expunction Quality Control Essential Y data files. Activities Provide an audit trail of electronic Expunction 20 Records Quality Control Important Y expunctions. Activities Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 127 Section 8.0 Quality Control Generate all expunction request forms and confirmation letters. Utilize mail Expunction 21 Records Quality Control Important Y merge processing for the certified mail- Activities out to all agencies. The system should utilize a electronic process where court records can be Court Records 22 Records Quality Control Important Y requested, with the request stored on the Request court case. Provide a Court Self Service system that allows the public to search for public court 23 records and present a display to the Records Court Records Quality Control Important Y THIS IS DONE THROUGH requestor based upon the search results Request ECOURTPUBLIC with private information on the case redacted. Provide the ability to electronically � log/track public information requests (by Court Records � 24 requestor, request #, defendant name, Records Request Quality Control Optional Y ' case#, and/or request date) via an online request log. Provide the ability to classify documents 25 and data as public or non-public Records Court Records Quality Control Essential Y information. Request Provide the capability to automatically Records Retention, trackthe retention period of records in Z6 accordance with the City of Fort Worth's Records Disposition and Quality Control important Y Destruction records retention schedule. Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 128 Section 8.0 Quality Control Provide a mechanism for the definition Records and later amendment of a rule base of Retention, 27 retention and disposal rules (afterwards Records Disposition and Quality Control Essential Y called retention schedules), each of which Destruction can be allocated to record type. Activity Support a unique identifier for each Records Retention, 28 retention schedule. (unique ID# to point Records Disposition and Quality Control Essential Y to the record series level or the folder level) Destruction Activity Enable an authorized user to re-define an existing retention schedule in the Records retention schedule rule base, and ensure Retention, l�at the re-definition takes force on all the Records Disposition and Quality Control Important Y 'objects to which that schedule is already Destruction allocated. Activity Capable of maintaining a history of Records Retention, 30 changes to retention schedules, the date Records Disposition and Quality Control Important Y at which the change was made, and the reason for the change. Destruction Activity Records Support retention schedules which consist Retention, 31 Records Disposition and Quality Control of: Destruction Activity Fort Worth RFP# 13-0207 Court Case Management Software and implementation Services 129 Section 8.0 Quality Control Time retentions, where records are Records Retention, eligible for disposal immediately after 32 Records Disposition and Quality Control Important Y completion of a fixed period of time i.e., (2 years) Destruction Activity Records Event Retentions, where records are eligible for disposal immediately after a Retention, 33 specified event takes place i.e., (Until Records Disposition and Quality Control Important Y Superseded) Destruction Activity Time-Event Retention, where the Records retention periods or records are triggered Retention, , 34 after a specified event takes place but in a Records Disposition and Quality Control Important Y fixed period of time i.e., (Resolution or Destruction , dismissal of complaint+ 2 years) Activity Records Support retention periods which can be Retention, 35 Records Disposition and Quality Control expressed as a period of either: Destruction Activity Records a number of whole months from one to Retention, 36 eleven months Records Disposition and Quality Control Important Y Destr�ction Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 130 Section 8.0 Quality Control Records a number of whole years, from one to 100 Retention, 37 Records Disposition and Quality Control Important Y years. Destruction Activity Records Retention, 38 a combination of whole months and years. Records Disposition and Quality Control Important Y Destruction Activity Records Retention, ' permanent record. Records Disposition and Quality Control Important Y Destruction � Activity Records Provide the ability to define specific event Retention, 40 types which will automaticallytriggerthe Records Disposition and Quality Control Important Y commencement of a retention period. Destruction Activity Support externai event types which can Records automatically trigger commencement of a Retention, 41 retention period which occurs outside the Records Disposition and Quality Control Optional Y normal retention schedule (i.e. Destruction expunctions), and must: Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 131 Section 8.0 Quality Control Records enable an authorized user to notify the Retention, 42 system that a specified event has occurred Records Disposition and Quality Control Important Y Destruction Activity Records enable an authorized user to notify the Retention, 43 system of the effective date on which the Records Disposition and Quality Control Important Y event occurred Destruction Activity automatically trigger the retention period Records when notification of the event is received Retention, , 44 by the system, without requiring explicit Records Disposition and Quality Control important Y amendment of each retention schedule Destruction , which is activated. Activity Records Support the allocation of disposai Retention, 45 instructions as part of a retention Records Disposition and Quality Control schedule which include: Destruction Activity Records Retention, 46 review Records Disposition and Quality Control Important Y Destruction Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 132 Section 8.0 Quality Control Records Retention, 47 destruction Records Disposition and Quality Control Important Y Destruction Activity Records Provide the ability to record a general Retention, 48 Records Disposition and Quality Control Important Y description of all records purged. Destruction Activity Records , Capable of restricting the ability to Retention, ''Jlocate and re-allocate retention Records Disposition and Quality Control Important Y �chedules to authorized users. Destruction � Activity Records Every record in a file or record type must Retention, 50 be governed by the retention schedule Records Disposition and Quality Control Important Y associated with that file or record type. Destruction Activity Records Automated identification and reporting of Retention, 51 records that have met their retention Records Disposition and Quality Control Essential Y period and are eligible for purging. Destruction Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 133 Section 8.0 Quality Control Provide the capability to cutoff or close a Records file once it has been reported as eligible Retention, 52 for destruction, effectively closing it so no Records Disposition and Quality Control Important Y additional records can be added to the Destruction file. Activity Provide for individual file and batch, Records purging of records in accordance with Retention, 53 authorized and approved records Records Disposition and Quality Control Essential Y retention schedules and destruction policy Destruction and procedure. Activity Enable a disposal hold to be placed on a case or group of cases by an authorized Records user, which has the effect of pausing the Retention, 54 disposal process (i.e. no disposal action Records Disposition and Quality Control Important Y can be tal<en on the folders and the Destruction records contained while the hold is in Activity place). Records Prevent any case or record which has a Retention, 55 disposal hold placed on it from being Records Disposition and Quality Control Important Y purged by an Administrator, outside of the disposal process. Destruction Activity Capable of reporting on cases and records Records which have a disposal hold placed on Retention, 56 them, and enabie such a hold to be Records Disposition and Quality Control Important Y removed by an authorized user only. Destruction Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 134 Section 8.0 Quality Control The system should include a workflow Records process that ensures a final approval is Retention, 57 completed before the purging of records Records Disposition and Quality Control Important Y is executed for records that have been Destruction approved for destruction. Activity Records System must be compliant with electronic Retention, 58 records standards and procedures Records Disposition and Quality Control prescribed by the state in; Destruction Activity Records l_ocal Government Code, Chapter 205, Retention, lectronic Storage of Records Records Disposition and Quality Control Essential Y Destruction Activity Records Texas Administrative Code Title 13, Retention, 60 Chapter 7, Electronic Records Standards Records Disposition and Quality Control Essential Y and Procedures Destruction Activity Provide the ability to accumulate defined State Court 61 local and state court costs for each cash Cash/Mail Quality Control Important Y transaction that is run. Costs Provide the ability to recalculate local and state court cost totals for a selected State Court 62 Cash/Mail Quality Control Important Y period of time in the event of system/data Costs related problems. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 135 Section 8.0 Quality Control Provide the ability to back-out local and 63 state court costs per cash transaction that Cash/Maii State Court Quality Control Important Y is backed-out. Automatically done when a Costs receipt is reversed. Provide the online display of local and state court costs for the following periods: State Court 64 Cash/Mail Quality Control Important Y (month-to-date, quarter-to-date, year-to- Costs date). Easily configure court cost tables per State Court 65 legislative changes. Including the ability to Cash/Mail Quality Control Important Y create new court costs and fees. Costs Provide the ability to categorize the court State Court 66 costs and fees by state statues. Cash/Mail Costs Quality Control Important Y External Provide the ability to capture and index Citation Police-Record 67 Quality Control Important Y accident reports electronically, as needed. Issuance Activity Departments External 68 Provide the ability to view court dates Citation Police-Officer Quality Control Important Y online in advance of court date. Issuance Trial Activity Departments External Provide timed reminders for court dates, 2 Citation Police-Officer This is done through our 69 weeks priorto the court date and the day Issuance Trial Activity Quality Control timestandards module before the court date: Departments External 70 Via MDCs, for Patrol, Traffic officer, and Citation Police-Officer Quality Control Optional Y Marshal court dates. Issuance Trial Activity Departments Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 136 Section 8.0 Quality Control External 71 Via email or pager for detectives, Citation Police-Officer Quality Control Optional Y lieutenants, and sergeants. Issuance Trial Activity Departments External �Z Provide access to tickets, and the notes on Citation Police-Officer Quality Control Important Y the back of the ticket, and warrants. Issuance Trial Activity Departments External 73 Provide the ability to track and maintain Citation Police-Officer Quality Control Essential Y defendants by alias names. Issuance Trial Activity Departments Provide the ability to perform geographic External _._ defendant searches via GIS by name/alias, Citation Police-Officer '''�cation, zip code, etc. Marshal's research. Issuance Trial Activity Quality Control Important Y ia on screen Crystal. Departments External 75 Provide access to the RMS Web browser. Citation Police-Officer Quality Control Optional Y Issuance Trial Activity Departments Automatically capture the accident report External into the case management system when Citation Police-Officer 76 Quality Control Important Y an accident is involved. In the future, Issuance Trial Activity maybe. Departments External Provide ad hoc reporting capability by 77 division, defendant, vehicie (make, model, Citation Police-Officer Quality Control Important Y color), location, and/or time, etc. Issuance Trial Activity Departments Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 137 Section 8.0 Quality Control External Provide the ability to set an alert on a 78 court doci<et for officer's that cannot Citation Police-Officer Quality Control Important Y Issuance Trial Activity make their scheduled court date. Departments Provide the ability for the officer or External 79 Marshal to review their court docl<et and Citation Police-Officer Quality Control Important Y associated files. Issuance Trial Activity Departments External Provide the ability to view court dates Citation Police 80 Departmental Quality Control Essential Y online in advance of court date. Issuance Trial Activity Departments Provide timed reminders for court dates, 2 External police 81 weeks prior to the court date and the day Citation Departmental Quality Control Issuance before the court date: Trial Activity Departments External Via MDCs for Patrol Traffic officer, and Citation P��ice 82 ' ' Departmental Quality Control Important Y Marshal court dates. Issuance Trial Activity Departments External Via email or pager for detectives, Police 83 lieutenants, and sergeants. May want to Citation Departmental Quality Control Optional Y Issuance investigate at some time in the future. Trial Activity Departments External Provide access to ticl<ets and the notes on Citation Police 84 ' Departmental Quality Control Optional Y the back of the ticket, and warrants. Issuance Trial Activity Departments Provide the ability to track and maintain External defendants by alias names. Additional Citation Police 85 Departmental Quality Control Important Y alias data may be captured manually from Issuance Trial Activity the RMS system. Departments Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 138 Section 8.0 Quality Control Provide the ability to perform geographic External police 86 defendant searches via GIS by name/alias, Citation Departmental Quality Control Important Y issuance location, zip code, etc. Marshal's research. Trial Activity Departments External Police 87 Provide access to the RMS Web browser. Citation Departmental Quality Control Optional Y Issuance Trial Activity Departments External Automatically capture the accident report Police 88 into the case management system when Citation Departmental Quality Control Important Y Issuance an accident is involved. Trial Activity Departments Provide ad hoc reporting capability by External police Citation 89�� division, defendant, vehicle (make, model, Departmental Quality Control Important Y Issuance `alor), location, and/or time, etc. Trial Activity Departments , External Provide the ability to set an alert on a Police 90 court docket for officer's that cannot Citation Departmental Quality Control Important Y Issuance make their scheduled court date. Trial Activity Departments External Provide the ability for the officer or Police 91 Marshal to review their court docket and Citation Departmental Quality Control Important Y Issuance associated files. Trial Activity Departments Provide the ability to report warrant External 92 confirmations to officers via MDCs for Citation Police Officer - Quality Control Important Y officers in the field may be considered in Issuance General Activity the future. Departments Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 139 Section 8.0 Provide the ability to transmit daily detail ticket information to the RMS Traffic 93 Management Module for police analysis activities (i.e. crime analysis, racial profilin�, etc.). 94 �General ticl<et information Race/Ethnicity Information -- The system must provide the necessary race/ethnicity 95 information for racial profiling activities. (see Marty Humphries /Police SME for additional information) Defendant information - name, address, 96 alias, sex, dob, hair color, etc. 9� Vehicle information - make, model, body type,year Provide officers and marshals (non-fieid 98 officers) controlled access to the general citation information. 99 (General ticket information Quality Control External Citation Police Officer - Issuance General Activity auality Control Departments External Citation Police Officer - Issuance General Activity Quality Control Essential External Citation Police Officer - Issuance General Activity Quality Control Essential Departments External Citation Police Officer - Issuance General Activity Quality Control Essential Departments External Citation Police Officer - Issuance General Activity Quality Control Essential Departments External Citation Police Officer - issuance General Activity Quality Control Departments External Citation Police Officer - Issuance General Activity Quality Control Essential Departments Y Y 1'I Y Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 140 Section 8.0 Quality Control External 100 Defendant information - name, alias, sex, Citation Police Officer - Quality Control Important Y dob, hair color, etc. Issuance General Activity Departments External 101 Ticket's current disposition and conviction Citation Police Officer - Quality Control Essential Y status, currentjudgments/court action Issuance General Activity Departments External 102 Warrant status Citation Police Officer - Quality Control Essential Y Issuance General Activity Departments External 1�� Vehicle information - make, model, body Citation Police Officer - Quality Control Important Y type, year Issuance General Activity Departments � External 104 Officers will have the ability to: Citation Police Officer - Quality Control Issuance General Activity Departments External 105 Query citations by: citation number, DL#, Citation Police Officer - Quality Control Essential Y tag#, etc. Issuance General Activity Departments External Citation Police Officer - 106 View marsha) activity issuance General Activity Quality Control Essential Y Departments External Cross reference warrant information - Citation Police Officer - 107 display warrant info Issuance General Activity Quality Controi Important Y Departments Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 141 Section 8.0 Quality Control Exte rna I View officer court date information - Citation Police Officer - 108 through subpoena system Issuance General Activity Quality Controi Important Y Departments External Citation Police Officer- 109 View Officer schedule/shift information Issuance Genera) Activity Quality Control Important Y Departments External The system will follow NCI standards for Citation Police Officer - 110 the entry of citation information as closely Quality Control Important Y Issuance General Activity as possibie. Departments Deliver original commitments to the jail External 111 With the prisoner. Queue the scanned Citation Police Officer - Quality Control Important Y copy of the commitment to the Issuance Generai Activity caseworkers. Departments External ' 112 The system is to provide the ability to Citation Police Officer - Quality Control Important Y store and index adult warning sheets. Issuance General Activity Departments External The adult warning form is routed to 350 Citation Police Officer - 113 West Belknap and Muni Court (for the Quality Control Important Y Issuance General Activity chief judge). Departments Data is to be indexed by defendant External information, the charge, arraignment Citation Police Officer - 114 date, etc. and have the ability to be Issuance General Activity Quality Control Important Y searched by name. Departments External Provide the ability to accept electronic Citation Police Officer - 115 signatures from the judge/Magistrate Issuance General Activity Quality Control Important Y court. Departments Fort Worth RFP# 13-0207 Court Case Management Software and implementation Services 142 Section 8.0 Quality Contro) Provide the ability to notify the jail External 116 lieutenant of charges that have been Citation Police Officer - Quality Control Important Y Issuance General Activity dismissed. Departments External Provide the ability to receive scanned, 117 faxed or emailed accident reports from Citation Police Officer - Quality Control Issuance General Activity Police. Departments External 118 Accident reports are required for accident Citation Police Officer - Quality Control Essential Y cases only. Issuance Genera) Activity Departments The accident report is to be provided only External 119 for cases going to court or to warrant at Citation Police Officer - Quality Contro) Essentiai Y `-he time the complaint is generated. Issuance General Activity Departments External 120 The accident report is to be docketed and Citation Police Officer - Quality Control Important Y scanned to a citation/case Issuance General Activity Departments The system is to purge accident and External 121 incident reports according to the system Citation Police Officer - Quality Control Important Y purge criteria for associated citation Issuance General Activity records. Departments External 122 Provide the ability to receive faxed Citation Police Officer - Quality Control Important Y incident reports from Police. Issuance General Activity Departments External 123 The incident report is to be attached to a Citation Police Officer - Quality Control Essential Y citation/case number - docket and scan Issuance General Activity Departments Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 143 Section 8.0 Quality Control The system is to provide the ability to External 124 perform address verification via the GIS Citation Police Officer - Quality Control Important Y system. Issuance General Activity Departments External 125 Provide the ability for Court personnel to Citation Police Officer - Quality Control Important Y access TCIC and NCIC. Issuance General Activity Departments Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 144 Section 8.0 Financial Mgmt B •� � � Provide web access to the case management 1 system and imaged documents for multiple users Miscellaneous Attorney User Financial Important Y per each attorney. Admin Activity Access Fees Management 2 Provide the ability to monitor attorney usage Miscellaneous Attorney User Financial 0 tional Y (number of cases viewed, frequency of use etc.). Admin Activity Access Fees Management p Provide the ability for attorneys to electronically Miscellaneous Attorney User Financial 3 file documents. Admin Activity Access Fees Management Important Y Provide the ability to apply full and/or partial Cash & Financial 4 Cash/Mail Essential Y payments to a fine amount due. Dispositions Management Provide the ability to reverse dispositions, and 'ash transactions due to changes to the original Cash & Financia) Cash/Mail Essential Y or errors. Transaction reversals should be Dispositions Management controlled by security. Provide the ability to for a cashier to select Cash & Financial 6 multiple outstanding citations in order to receive Cash/Mail Essential Y a single payment. Dispositions Management Provide the ability to present a customer all required forms for signature on an external monitor along with a signature pad which when Cash & Financial InterFace with 7 signed, shows the individuai's signature on the Cash/Mail Important Y Document Management Dispositions Management form which visible on the external monitor. The System image should then be stored within the document management system. The completion of required forms, updates the Cash & Financial 8 Cash/Mail Important Y status of the case automatically. Dispositions Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 145 Section 8.0 9 Provide the ability to allocate all of the payments Cash/Mail proportionally between State, City and Vendor. 10 Provide the ability to print customer receipts Cash/Mail (single copy). Provide the ability to turn off receipt printing 11 when processing receipts in a batch process such as for mail processing. 12 Provide the ability to produce duplicate receipt Cash/Mail copies. Provide the ability capture transaction activity for each cashier for each day. (City cashiers are 13 assigned a cash drawer and may move from Cash/Mail workstation to workstation throughout the day, however, their physical cash drawer will travel with them as they change workstations). Provide the ability to kill/delete outstanding 14 warrant or stop a delinquent notice when a Cash/Mail citation has been paid based upon user security. Provide the ability to kill a warrant if it has been 15 incorrectly added to a case based on user Cash/Mail security. 16 Provide the ability to track deposits and register Cash/Mail totals. 17 Provide a report or query of daily receipts listings Cash/Mail by user, by date and by tender type. Produce a report of violation totals and 18 disposition totals (daily, weekly, monthly, and Cash/Mail Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Financial Mgmt Cash & Financial Dispositions Management Essential Y Cash & Financial Essential Y Dispositions Management Optional Y Cash & I Financial I Important spositions Mana�ement Cash & I Financial I Essential Dispositions Management Cash & I Financial Essential Dispositions Management Cash & Financial Essential Dispositions Management Cash & Financial Essential Dispositions Management Cash & Financial Essential Dispositions Management Cash & Financial Important Dispositions Management Y Y Y Y Y Y Y 146 Section 8.0 Financial Mgmt Provide the ability to enter a plea and flag Cash & Financial 19 Cash/Mail Important Y citations to print a plea letter. Dispositions Management If a NISI judgment has been entered, prevent a surety bond from being posted by the same Cash & Financial 20 Cash/Mail Optional Y attorney. Deactivate bondsman (attorney would Dispositions Management be a bondsman) Provide the ability to control (through administrative tables) how each disposition wili Cash/Dispositi Financial 21 affect the assessed amount, the current balance Cash/Mail on Controls Management Essential Y and the cashiers' total. 22 The affects to each of the above should include: Cash/Mail Cash/Dispositi Financial on Controls Management Assessed Amount: add to amount, subtract from Cash/Dispositi Financial 23 amount, replace the amount, or do not change Cash/Mail Essential Y , ` rhe amount. on Controls Management ;i:urrent Balance: add to balance, subtract from Cash/Dispositi Financial ��'balance, replace the balance, zero the balance, Cash/Mail Essential Y or do not change the balance. on Controls Management Cashier's Drawer Totals: add to total, subtract Cash/Dispositi Financial 25 from total, replace the total, or do not change Cash/Mail Essential Y the total. Only calculates on receipted monies. on Controls Management Provide the ability to define authorizations for Cash/Dispositi Financial 26 Cash/Mail Essential Y each transaction disposition. on Controls Management Provide the ability to automatically generate a Cash/Dispositi Financial 27 court date for the defendant at the point of Cash/Maii Optional Y initiation and/or upon customer request. on Controls Management Establish and process maximum fine limits, and Cash/Dispositi Financial 28 Cash/Mail Important Y window fine ranges for each violation. on Controls Management The system should include an administrative Cash/Dispositi Financial 29 table where all case dispositions can be defined. Cash/Mail on Controls Management Essential Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 147 Section 8.0 Financial Mgmt Provide the ability to control the application of Financial 30 payment to a specified set of fund-account- Cash/Mail Accounting Essential Y centers. Management Provide the ability to accumulate totals (through Financial 31 Cash/Mail Accounting Essential Y batch processing or real-time processing). Management The system should accumulate and report totals through a daily and monthly cashier drawer Financial 32 Cash/Mail Accounting Essential Y totals report, a receipt listing report and a Management account balance report. Provide the ability to recalculate fund-acct- 33 center totals for a selected period of time in the Cash/Mail Accounting Financial Important Y event of system/data related problems. Management Cash & Provide the ability to declare opening and closing Dispositions Financial 34 Cash/Mail Essential Y , cash drawer balances. (Opening/Clo Management sing Activity Cash & Provide the ability to display or print close out Dispositions Financial 35 the totals for a particular cashier's cash drawer. Cash/Mail �Opening/Clo Management Essential Y sing Activity Cash & Provide the ability generate a deposit report that Dispositions Financia) 36 su orts the re aration of a bani< de osit sli Cash/Mail O enin Clo Mana ement Essential Y Pp p p p p� � P g/ g sing Activity Provide notification to the cashier when the Cash & Dispositions Financial 37 cashier logs into the system if the cashier has not Cash/Mail Important Y closed from the previous day. (Opening/Clo Management sing Activity Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 148 Section 8.0 Financiai Mgmt Automatically produce a breakdown of court cost Cash & 38 fees and fines by Fund-Account-Center value by Cash/Mail Dispositions Financial Important Y cashier for each daily cash drawer closeout. (Opening/Clo Management sing Activity Cash & � Produce an interface to the City's finance system, Dispositions Financiai , 39 Cash/Mail providingtheabilityto: (Opening/Clo Management sing Activity Cash & Simplify the reconciliation process (daily or Dispositions Financial 40 Cash/Mail Essential C See Costs for Interfaces monthly) to be performed by Municipal Court. (Opening/Clo Management sing Activity Produce a file of all daily deposits for Cash & _ review/verification activities performed bythe Dispositions Financial Cash/Mail Essential C See Costs for Interfaces evenue Office/central cashier, foliowed by final (Opening/Clo Management �ystem processing via the finance system. sing Activity Cash & Produce an interface to the City's finance system, Dispositions Financial 42 Cash/Mail providing the ability to: (Accounting Management Activity) Cash & Provide error/exception reports and process Dispositions Financial 43 Cash/Mail Important C See Costs for Interfaces totals for Municipal Court QA activities. (Accounting Management Activity) Cash & Provide a method of reviewing and approving Dispositions Financial 44 daily transactions after they have been closed Cash/Mail Important C See Costs for Interfaces out for the day. (Accounting Management Activity) Provide the ability to apply payments to the case Financial 45 management system real time following the Cash/Mail IVR General Essential C See Costs for Interfaces defined business rules for cash updates. Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 149 Section 8.0 Financial Mgmt Return payment confirmation to the customer, including the payment amount, violation, Financial 46 balance, final status, collection status, warrant Cash/Mail IVR General Management �mportant C See Costs for Interfaces status, receipt number, and fee. Provide the ability to make partial payment or i�' p +�' I u' ' Financial I �, ; lii�� 47 TPP payments via the IVR system with the Cash/Mail IVR General Mana ement ' �, individual having the option to; g Receive a verbal confirmation number over the Financial 48 phone Casn/Mail IVR General Management Important C See Costs for Interfaces Receive a Text Message with the confirmation Financial 49 number Cash/Mail IVR General Management Optional C See Costs for Interfaces Financial 50 Receive a receipt via email Cash/Mail IVR General Optional C See Costs for Interfaces Management Provide the ability to receive and respond to Financial � 51 Cash/Mail IVR General balance inquiries. Management Financial 52 Provide search capability by: Cash/Mail IVR General Optiona) Y Management Financial 53 Citation # Cash/Mail IVR General Important Y Management 54 Tag # Cash/Mail IVR General F�nancial Important Y Management Financial 55 Name Cash/Mail IVR General Important Y Management 56 DOB Cash/Mail IVR General Financial �mportant Y Management Financial 57 DL # Cash/Mail IVR General Important Y Management Response to inquiries will include the citation Financial 58 number, violation number, and balance. Cash/Mail IVR General Management �mportant Y Provide ability to list all associated citations on Financial 59 Cash/Mail IVR Genera) Important Y the requested citation inquiry. Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 150 Section 8.0 Financial Mgmt Provide the ability to restrict payment on Financial 60 Cash/Mail IVR General Essential Y selected citations. Management Provide the ability to restrict payment for an Financial 61 Cash/Mail IVR General Essential Y individual (charge backs). Management Provide an appropriate message through the IVR Financial 62 system when the request for payment occurs for Cash/Mail IVR General Important Y restricted individuals. Management Provide the ability to closeout daily cash for IVR Financial 63 Cash/Mai) IVR General Essential Y transactions. Management Provide the ability to prevent payment of a fine Financial 64 Cash/Mai) IVR General Important Y previously paid with a NSF check. Management Provide notification to the defendant regarding the allowance of payment by the IVR system Financial 65 Cash/Mail IVR General Important Y when it cannot be accepted (i.e. MIP, juvenile, Management �'" tc.). �rovide the ability to route complaints to the Financial ..� judge for review, acceptance/decline of IVR Cash/Mail IVR General Important Y payment, and disposition on the citation. Management Provide the ability to accept payments on probations in place or which there has been an Financial 67 offer (with the credit card being tied to a Cash/Mail IVR General Important Y defendant), without reporting a conviction to Management DPS. Identify the defendant and aliases based on Financial 68 drivers license, alias names, warrant information, Cash/Mail IVR General Essential Y and defendant name/DOB. Management The case management system is to provide a complete list of all fees/amounts owed by the Financial 69 Cash/Mail IVR General Essential Y defendant (and all associated aliases) making the Management request for payment. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 151 Section 8.0 Financial Mgmt The case management system is to request credit card approval to the designated credit provider, Financiai �� and respond to the IVR system with the returned Cash/Mail IVR General Management Essential Y approval code. The case management system, pending credit card approval from the designated credit Financial 71 provider, is to apply real-time paymentto the Cash/Mail IVR General Essential Y requested citation(s) via the Case Management Management system. Provide real-time update of the case management system for each IVR payment. IVR - Financial 72 Cash/Mail Important Y Apply the cash/disposition rules for the Payments Management application of payments. Apply dispositions in the defined payment IVR - Financial 73 Cash/Mail Important Y sequence for IVR payments. Payments Management 74 Start the citation sequence with the most recent Cash/Mail IVR - Financial Important Y citation first. Payments Management After completing the initial payment or inquiry, IVR - Financial 75 provide the option to continue the inquiry Cash/Mail Optional Y process by entering another citation number. Payments Management The system should be integrated with BuySpeed. Refund Financial 76 Cash/Mail Transactions should: Activity Management Send person name, amount and what case it Refund Financial 77 Cash/Mail Essential C See Costs for Interfaces references Activity Management Receive from Buy Speed the checi< number, 78 check date which should be associated with the Cash/Mail Refund Financial Essential C See Costs for Interfaces Activity Management case. Refund payments that are voided in Buy Speed Refund Financial 79 shouid be sent electronically to the court system Cash/Mail Essential C See Costs for Interfaces so the case file can be updated. Activity Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 152 Section 8.0 The system should consolidate all refunds onto a 80 single check request from Buy Speed. Once the check is cut, BuySpeed should electronicaily update each citation in the court system. 81 Provide the ability to void/reissue a refund payment. Provide a method of reviewing and approving 82 refund transactions after they are returned from finance. 83 Provide the ability to void unclaimed refunds. 84 Provide the ability to reverse payments. ' Provide the ability to batch produce bad check =_tters. Provide the ability to automatically generate 86 warrants on user defined day after a bad check notification has been processed unless. $� Provide the ability to create a separate case associated to the original citation. Provide the ability to create a separate case for 88 Direct Contempt, court and restitution cases as part of judgment. 89 Generate a report listing all individuals who have written bad checks. 90 Provide an alert to cashiers for defendants who have presented bad checks previously. 91 Provide a record of bad check fees that have been waived bv a iudge or supervisor. Financial Mgmt Cash/Mail Cash/Mail Cash/Mail Cash/Mail Cash/Mail Cash/Mail Cash/Mail Cash/Mail Cash/Mail Cash/Mail Cash/Mail Cash/Mail Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Refund ( Financial I Optional Activity Management Refund Financial Activity Management Essential Refund Financial Important Activity Management Refund Financial Important Activity Management Bad Check Financial Essential Activity Management Bad Check Financial Important Activity Management Bad Check Financial Important Activity Management Bad Check Financial Important Activity Management ead Check Financial Important Activity Management Bad Check Financial Optional Activity Management Bad Check Financial Important Activity Management Bad Check Financial Important Activitv Management C I See Costs for Interfaces C I See Costs for Interfaces C I See Costs for Interfaces C See Costs for Interfaces C See Costs for InterFaces C See Costs for Interfaces C I See Costs for Interfaces C I See Costs for Interfaces C ( See Costs for Interfaces C See Costs for Interfaces C See Costs for Interfaces C See Costs for Interfaces 153 Section 8.0 Financial Mgmt Parking - Cash 92 Provide the ability to maintain daily, monthly, Parking Citation and Financial Important C See Costs for InterFaces and yearly parking disposition totals. Activity Management Dispositions Parking - Cash 93 Provide the ability forthe hearing officer to grant Parking Citation and F�nancial �mportant C See Costs for Interfaces extensions. Activity Management Dispositions Parking - Cash Provide the ability to maintain cash and/or Pari<ing Citation Financial 94 and Essential C See Costs for Interfaces disposition activity against a Parking citation. Activity Management Dispositions Provide the ability to receive orders from the Parking - Cash Parking Citation Financial 95 hearing officer for voids, dismissals, and issue and Important C See Costs for Interfaces Activity Management delinquent notices. Dispositions Parking - Cash Provide the ability to maintain the following Parking Citation Financial 96 and Optional C See Costs for Interfaces totals: Activity Management Dispositions Parking - Cash Daily (also monthly and annual) register totals by Parl<ing Citation Financial 97 register/cash drawer. Activity and Management Essential C See Costs for Interface's Dispositions The system should only allow cashiers the ability Parking - Cash Pari<ing Citation Financial 98 to view their register totals and/or receipts and Important C See Costs for Interfaces Activity Management based upon user defined security. Dispositions Parking - Cash The system should provide supervisors the ability Parl<ing Citation Financial 99 and Essential C See Costs for interfaces to view all register totals. Activity Management Dispositions All totals are to be maintained within a common Parking - Cash 100 table for all citation types (traffic, general, Parl<ing Citation and Financial Essential C See Costs for Interfaces Activity Management parking, etc.). Dispositions Parking - Cash �; ; !, Y� « Provide the ability to void non-cash dispositions Parl<ing Citation Financial 101 based upon user defined security: Activity and Management Dispositions Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 154 Section 8.0 Financial Mgmt Parking - Cash 102 Dismissed Parking Citation and financial �mportant Y Activity Management Dispositions Parking - Cash 103 Reverse on Return Check Parking Citation and Financial Important Y Activity Management Dispositions Parking - Cash 104 Cash-Lower Current Balance Parking Citation and Financial �mportant Y Activity Management Dispositions Parking- Cash Parking Citation Financial 105 Raise Current Balance and Important Y Activity Management Dispositions Parking - Cash 106 Lower Original Fine Parking Citation and Financial �mportant Y . Activity , Management "`., Dispositions ' Parking - Cash Parking Citation Financial �.,, � Raise Original Fine and Important Y Activity Management Dispositions Provide the ability to void a citation that will Parking - Cash prevent updates and the running of dispositions Parking Citation Financial 108 and Important Y against the ticket based upon user defined Activity Management security. Dispositions Allow the following payment types (cash, check, Parking - Cash 109 charge, cashiers check, money order, Western Parking Citation and Financial Essentia) Y Activity Management Union). Dispositions Parking - Cash 110 Upon receipt of ful) payment, remove the Parking Citation and Financial �mportant Y eligibility for boot-tow. Activity Management Dispositions Provide the ability to temporarily suspend and Parking - Cash Parking Citation Financial 111 reinstate the boot/tow eligibility per an and Important Y extension date. Activity Dispositions Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 155 Section 8.0 Financial Mgmt Provide the ability to modify citation information Parking - Cash Parking Citation Financial 112 based upon user defined security that defines and Important Y what can be updated. Activity Dispositions Management Parking- Cash 113 Provide the ability to reverse payments and Parking Citation and Financial Essential Y assess an NSF check fee. Activity Management Dispositions Parking - Cash 114 Provide the ability to assess additional penalty Parking Citation and Financial Important Y fees for non-compliance. Activity Management Dispositions Provide the ability to communicate with auto Parking - Cash 115 pound regarding the hold and release of Parking Citation and Financial pptional Y impounded vehicles with outstanding parking Activity Management tickets. Dispositions Parking- Cash '„ � 116 Maintain a history of parl<ing transactions Parking Citation and F�nancial ill i� i containing: Activity Management Dispositions Parking Citation Parking - Cash Financial 117 Dis osition and Im ortant Y p Activity Management p Dispositions Parking - Cash Parking Citation Financial 118 Disposition Date and Important Y Activity Management Dispositions Parking - Cash 119 User Name Parl<ing Citation and Financial �mportant Y Activity Management Dispositions Parking - Cash 120 User ID Parl<ing Citation and Financial �mportant Y Activity Management Dispositions Parl<ing - Cash 121 Receipt # Parking Citation and Financial �mportant Y Activity Management Dispositions Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 156 Section 8.0 Financial Mgmt Parking - Cash 122 Amount Parking Citation and Financial Essential Y Activity Management Dispositions Parking - Cash 123 Type Payment Parking Citation and Financial Essential Y Activity Management Dispositions Parking - Cash 124 AmountTendered ParkingCitation and Financial Essential Y Activity Management Dispositions Parking-Cash I y �i i Parking Citation Financial � � I I II 125 The history display is also to provide: Activity and Management � � I � Dispositions I Parking Citation Parking - Cash Financial 126 Citation # and Essential Y �, Activity Management Dispositions Parking - Cash �_, Tag# ParkingCitation and Financial Important Y Activity Management Dispositions Parking - Cash 128 Current Disposition Parking Citation and F�nancial �mportant Y Activity Management Dispositions Parking - Cash 129 Registered Owner Name Parking Citation and Financial �mportant Y Activity Management Dispositions Parking - Cash 130 Registered OwnerAddress ParkingCitation and Financial Essential Y Activity Management Dispositions Parking - Cash 131 Total Amount Due Parking Citation and Financial �mportant Y Activity Management Dispositions Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 157 Section 8.0 Financia) Mgmt Upon the selection of a singie citation on the Parking - Cash 132 history screen, provide the ability to bridge Parking Citation and Financial �mportant Y Activity Management directly to the detail citation screen. Dispositions History is to include the tracking of updates to Parking - Cash Parl<ing Citation Financial 133 specific fields (i.e. update name, update address, and Important Y update comment, tag number). Activity Dispositions Management Parking - Cash i° � i'� ��� 134 The system should include the following Parking Citation and Financial I�II , i�I , notification options for dockets or queues: Activity Management I Dispositions Parking - Cash Parl<ing Citation Financial 135 Active Parking Citations Issued (monthly) and Important Y Activity Management Dispositions Parking - Cash Parking Citation Financial 136 Finaled (Closed) Parking Citations Issued (daily) and Important Y Activity Management Dispositions Parking - Cash Finaled Parking Citations Over 6 Months Old Parking Citation Financial 137 and Important Y (monthly) Activity Management Dispositions Parking - Cash List of Delinquent Parking Citations (monthly) Parl<ing Citation Financial 138 Owner information Activity and Management Important Y Dispositions Parking - Cash Monthly Volunteer Parki�g Citation Report (upon Parking Citation Financial 139 and Important Y request) Activity Management Dispositions Parl<ing - Cash Parking Citation Financial 140 Boot Eligibility List (weel<ly) and Essential Y Activity Management Dispositions Parking-Cash � �� i ''��4 ' 141 Per the currently defined Parking Citations Parl<ing Citation and Financial '' �I ; i'�'' � ' Eligible for Destruction report: Activity Management 'J�� g i i' Dispositions � Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 158 Section 8.0 Financial Mgmt Parking - Cash These records are included in the petition to Parking Citation Financial 142 and Important R destroy (AFRD) Activity Management Dispositions Parking - Cash 143 Follow the state's retention schedule (6 months). Parking Citation and Financial Important R Activity Management Dispositions Parking - Cash Provide the ability to perform administrative Parking Citation Financial 144 and Important R dismissais for parking citations on a routine basis. Activity Management Dispositions Parking - Delinquent Automatically produce delinquent notices for Parking Citation Financial 145 Citation & Essential R cases that are more than two weeks delinquent. Activity Management Boot Tow Processing Parking - ' Delinquent .'rovide the ability to flag a Parking citation for Parking Citation Financial Citation & Important R y� Parking delinquent notification. Activity Management Boot Tow Processing Parking- ' ' u, � Delinquent I' �'VI� ' I I Parking Citation Financial ii 147 At the time a case becomes delinquent: Citation & i� Activit Mana ement Y g Boot Tow Processing Parking - Delinquent 148 Create a docket entry with an audit trail (docket Parking Citation Citation & Financial Important Y date, docket code, delinquent fee). Activity Management Boot Tow Processing Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 159 Section 8.0 Financial Mgmt 149 IAdd a user defined delinquent fee on the 1st day Parking Citation after a citation becomes delinquent. Activity I Provide the ability to waive a delinquent fee/fine I Parking Citation 150 or reduce fees/fines based on a hearing officer's �__:_ __ Activity 151 IThe system should display the following fields ( Parking Citation the detail citation screen: Activity 152 IAn indicator for signifying the delinquent notice ( Parl<ing Citation has been issued. Activity 153 � Date the citation becomes delinquent 154 � Date the citation becomes boot eligible Parking Citation Activity Parking Citation Activity Parking - Delinquent Citation & Financial �mportant Management Boot Tow Processing Parking - Delinquent Citation & Financial Important Management Boot Tow Processing Parking - Delinquent Citation & Financial BootTow Management Processing Parking - Delinquent Citation & Financial �mportant BootTow Management Processing Parking - Delinquent Financial Citation & Important Management Boot Tow Processing Parking - Delinquent Financial Citation & Important BootTow Management Processin� Y Y 1'1 Y Y � Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 160 Section 8.0 Ability to track the appeal timeframe for a 155 delinquent citation based upon a user defined timeframe. 156 IAllow the entry of at least 8 digits for the tag number. The system should produce Boot Eligible notices 157 for all registered owners that have 3 or more delinquent citations with the same registered ,4 owner and the same tag #. Once a vehicle is eligible for boot - tow and 158 notice has been generated, general updates to the system should not remove eligibility. Provide the ability to change the delinquent 159 status to current status using extensions/credit dates authorized by the hearing officer. 160 I Provide the ability to grant extensions on multiple citations when necessary. Financial Mgmt Parking - Delinquent Parking Citation Financial Citation & Important Activity Management Boot Tow Processing Parking - Delinquent Parking Citation Financial Citation & Essential Activity Management Boot Tow Processing Parking - Delinquent Parking Citation Financial Citation & Essential Activity Management Boot Tow Processing Parking - Delinquent Parking Citation Financial Citation & Essential Activity Management Boot Tow Processing Parking - Delinquent Parking Citation Financial Citation & Important Activity Management Boot Tow Processing Parking - Delinquent Parking Citation Financia) Citation & Essential Activity Management Boot Tow Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 19 Y Y Y Y W 161 Section 8.0 Financial Mgmt Produce an entry on the case, with an audit trail Parking - (update date, reason code, delinquent fee) for all Parking Citation Delinquent Financial 161 Citation & Essential Y associated citations each time a boot tow notice Activity Management generated. Boot Tow Processing Parking - Delinquent 162 Provide the ability to manually generate boot Parking Citation Citation & Financial Important Y tow notices. Activity Management Boot Tow Processing General Collection Provide the ability to calculate appropriate Financial 163 Administrative Agency Essential Y collection fees where applicable. Management Reporting Reporting Provide the ability to distinguish between Financial 164 addresses received from the collection agency vs. Warrants Collections Optional Y Municipal Court. Management Indicate the date a citation was sent to the Financial 165 collection agency. Warrants Coliections Management �mportant Y Financial 166 Provide the ability to determine collection status. Warrants Collections Management �mportant Y Retrieve a Defendant record using, but not Financial Financial 167 �imited to, the foilowing items: Processing Payments Management 168 Name Financial payments Financial Essential Y Processing Management 169 Citation Number Financial payments Financial Essential Y Processing Management 170 Address Financial payments Financial Essential Y Processing Management 171 Dl Number Financial payments Financial Essential Y , Processing Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 162 Section 8.0 Financial Mgmt Present the total amount owed by a Defendant 172 and allow a user to select the items the Financial payments F�nancial �mportant Y Processing Management Defendant wishes to pay or select all. Accept any dollar amount payment and apply the 173 payment partially to an item, automatically Financial payments Financial Essential Y adjusting the remaining amount owed. Processing Management Accept a split payment across payment type (e.g. cash, check and credit card) and record Financiai Financial 174 appropriately, retaining a history of what was Processing Payments Management Important Y paid with what payment type. Automatically apply payments between bond Financial Financial 175 and non-bond payments according to user- Payments Essential Y � defined rules. Processing Management �lllow costs, fines and fees to be viewed at the 176 aggregate level and drilied down to view the Financial payments Financial Essential Y detailed make-up of the aggregate amounts. Processing Management Automatically initiate a user-defined number of Financial Financial 177 days Payment Extension when a returned check Payments Important Y is entered into the system. Processing Management Automatically identify when a citation as been paid in full and all conditions are met and Financial Financial 178 perform user-defined activities such as Payments Important Y generating a ludgment to populate a judge Processing Management queue. Allow authorized users to access the Judgment 1�9 Queue, review the associated information with Financial payments Financial Important Y one click, refine the text if needed, and mark the Processing Management Judgment as'Approved'. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 163 Section 8.0 Financial Mgmt Prohibit a citation from reaching the ciosed 180 status if it does not have a Judgment in the Financial payments Financial Important Y 'Approved' status. Processing Management Automatically identify when a citation has a Financial Financial 181 ludgment in'Approved' status and close the Payments Important Y Processing Management citation. Allow the selection of an Extension on the 182 Defendant's payment date if the option is Financial payments Financial �mportant Y available based on user-defined rules. Processing Management Automatically print the Extension Notification once the Judgment for the Payment Extension Financial Financial 183 has reached the 'Approved' status if user defined Processing Payments Management Important Y rules specify to do so. Identify a citation that has been issued a , Payment Extension but has not complied within Financial Financial 184 Payments Important Y the Extension deadline and automatical�y initiate Processing Management the warrant and collection process. Accept miscellaneous payments (e.g. Financial Financial 185 Payments Essential Y Expunctions, tapes, etc...). Processing Management Provide receipt formatting options to ensure that Financial Financial 186 all balance due information is provided on the Payments Essential Y Processing Management receipt. The system should assign collection agency fees 187 to AR to ensure that the defendant's overall Financial payments Financial Essential Y balance is clear and/or create explanatory Processing Management document that be distributed or mailed. Allow an authorized user to add comments to a 188 Defendant case that are viewable by only Financial Payment Financial Important Y authorized users. Processing Plans Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 164 Section 8.0 Limit refund/alterations capabilities to 189 authorized personnel and create audit trail of all refunds. 190 Alterations selected fields such as fine amount is disallowed in the cashiering process. 191 If citations are voided, the void is recorded in an audittrail. Support real-time transaction processing via the internet that: prompts for identifying proper citations, accesses the Defendant record, 192 presents available options and internet supported transactions, prompts Defendant through transaction and updates the Defendant :ecord in the source system real-time. Financial Mgmt Financial Financial Financial Processing Control Management Important Y Financial Financial Financial Processing Controi Management Important Y Financial Financial Financial Processine Control Manaeement Essential Y Financial Online Financial Processing Payments Management �mportant Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 165 Section 8.0 implementation o � � ,� � The selected implementation vendor shall review all existing Business 1 business process material to gain insight into how the selected Important Y system should be configured. Process The selected implementation vendor will review and assess the existing business process and make recommendations as to ways 2 to streamline the existing business process, improve City efficiency Business �mportant Y and effectiveness in the court functions and reduce the amount of Process manual processing. The selected implementation vendor will review the City's list of detailed business requirements and reconcile those requirements eusiness 3 Essential Y to the selected system via written description of how the system Process will meet the required functionality. Vendor will review "As-Is" process maps and the court assessment 4 report with the City and identify areas for improvement based Business Important Y upon software functionality with City staff. Process Vendor will review "As-Is" process maps and the court assessment 5 report with the City and identify gaps in functionality between the Business Important Y proposed software and City processes. Process Vendor will produce "To-Be" process maps in coordination with Business 6 City staff that reflect the "To-Be" processes upon software Important Y implementation. Process Vendor will demonstrate all business tools to be used during the 7 implementation and instruct the City's Implementation Team on Business Important Y the ability of the tool and the proper use of the tool. Process The vendor will identify how configuration decisions affect the Business $ design of business processes during the implementation program. Process Essential Y The vendor will create an individual configuration document with Business 9 details on system and data configuration prior to testing. Process Essential Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 166 Section 8.0 Implementation The selected vendor should prepare and host a detailed project Change 10 kick-off meeting for Court staff. Management �mportant Y The selected implementation vendor should prepare and host a 11 project collaboration site which can be utilized by City and vendor Change 0 tional Y staff to share documents, record action items and track risks and Management p issues. Vendor will develop a comprehensive communication plan that Change 12 describes how project information will be distributed and who will Important Y Management receive information and in what format. The vendor will actively communicate project information across Change 13 Optional Y the City to keep departments involved in the process. Management Vendor will educate City employees on the benefits of the new Change 14 system i.e. improved business processes, easier access to Important Y Management information, enhanced reporting capabilities, etc. 15 Vendor wiil provide open communication with the project team. Change �mportant Y Management >dor and the Project Management Team will articulate the goals Change �mportant Y �and objectives related to deliverable, timeli�e, and project costs. Management Vendor will assist the project manager, the project management 17 team, and functional consultants with managing change related to Change Orders Important Y modification requests. 18 All vendor requests for modifications must be timely presented to Change Orders the City's Project Manager for review and include the foilowing: 19 Request should establish the purpose for the modification Change Orders Important Y 20 Request should establish the anticipated results of the modification Change Orders Important Y 21 Request should establish the time requirements for the Change Orders Important Y modification 22 Request should set out the cost to the City for the modification Change Orders Important Y The selected implementation vendor will review and recommend 23 the appropriate sizing and placement of the new system's Project Important Y architecture. Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 167 Section 8.0 Implementation The selected implementation vendor will install and configure a 24 separate database and application environment for testing Project �mportant Y Management purposes. The selected implementation vendor will develop a detailed testing project 25 plan which contains test scenarios which mirror City County Essential Y Management functionality. The selected vendor will create a detailed data conversion plan 26 which will be fully executed by the selected implementation Project Essential Y consultant. Management The selected implementation vendor will be responsible for the extraction, translation and load of all converted data into the Project 27 selected software system. Additionally, the vendor shouid assist Essential Y the City with the reconcilation of data between the legacy system Management and the new system. The selected implementation vendor will provide a team of trained 28 consultants who will support the City onsite for the system go-live Project Essential Y plus four additional weeks. Management The selected consultant should assign a dedicated team of 29 consultants and one specified project manager who will have Project Essential Y supervisory responsibility for the entire duration of the project. Management 30 The vendor's project manager should develop a detailed project Project plan in MS Project including the following components: Management 31 Detailed tasks Project �mportant Y Management 32 Projected start and end dates Project Important Y Management 33 Individual resources assigned to each task Project Important Y Management 34 Level of effort for each task for each resource Project Important Y Management The successful implementation vendor should develop a detailed Project 35 go-live/cut over schedule that includes sufficient downtime to Important Y facilitate the new system's go-live. Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 168 Section 8.0 Implementation Following go-live, the City and vendor will collaboratively identify 36 and agree to all outstanding issues, upon which the vendor will be Project �mportant Y required to address each issue or provide a detailed plan to Management address each issue. 3� Project Management will be performed jointly by the vendor and Project Im ortant Y the City's project team. Management p The vendor will identify and assign one project manager/point of contact and back-up relief person/personnel ( when assigned Project 38 important Y personnel is out on scheduled and unscheduled leave) to answer all Management client request/needs or independently obtain answers. The vendor will assume responsibility for all components of Project 39 Essentiai Y successful completion of implementation. Management The vendor's approach and recommended installation time frame Project 40 will be required to meet the required City deadlines. Management �mportant Y City will retain the ability to refuse the project manager or other Project 41 Important Y ��aff inembers assigned to the project by the vendor. Management �'rdor should effectively manage the project plan to avoid project Project Important Y tays and make efficient use of staff time. Management 43 The vendor will notify the City of any and all project delays and cost Project Essential Y overruns. Management The vendor will attend meetings and provide project status updates on a weekly schedule in multiple formats as defined by the Project 44 City that show results based on the milestones and deliverables Management Important Y defined in the project plan. 45 The vendor shall track project budget to complete within budget Project �m ortant Y and avoid cost overruns. Management p 46 The-vendor will be responsible for managing all subcontractors and Project Important Y third party product vendor issues. Management Vendor will provide a detailed list of all required hardware, 47 software, resource requirements necessary for project Project Essential Y implementation at start of project. Management Vendor wili consult with City staff on alternative configuration and 48 work around solutions rather than software modification (i.e. Project �mportant Y impact of change on various areas) Management Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 169 Section 8.0 Implementation 49 The vendor has the financial and human resources to support a Support Essential Y project of this size within the specified time frame. This project will receive the full attention and support of the vendor. As a result, the vendor will place key people, as defined by SO Support Essential Y the City, onsite during the development, installation and training effort until the successful acceptance of the system The product is supported through a 24-hour a day 7 days per week 24X7 Support can be added for an 51 product support line staffed by business and technical Support important C additional fee over the standard professionals. maintenance. The vendor has a record of responsiveness to meet the needs of its 52 , Support important Y installed customer base. The City will receive priority service for product modifications and 53 Support Optional Y releases. There is a provision for technical documentation including a 54 Support Important Y complete data element dictionary. 55 The system provides appropriate procedures for correcting the Support Important Y errors through online prompts. The vendor should provide complete and easy-to-read user 56 documentation, including reports, online functions, screen Support Essential Y illustrations, data entry requirements and diagrams of table links. 5� The system should provide online help features at all screen and Support important Y field levels. The system should provide instructional screen prompts that assist 58 the user in data entry, without the need to enter the help system. Support Optional Y 59 The system provides an online heip facility that is context sensitive. Support Optional Y Vendor will provide the product source code, data analysis, and any 60 other information are provided thereby giving the City complete Support important C Source Code can be held in escrow per documentation. the contract. 61 The vendor will provide support for: Support 62 Year end assistance Support Important Y 63 Calendar year end assistance Support Important Y 64 Consulting on-call Support Important Y 65 An on going support program Support Important Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services � Section 8.0 Implementation Vendor will schedule and coordinate installation of the mandatory Technology 66 Essential Y application software. Management Vendor will schedule and coordinate installation of proposed Technology 67 hardware (CPU, disk storage, to add on to existing backup). Management Important Y Vendor will schedule and coordinate installation of operating Technology 68 Essential Y system software. Management Vendor wiii schedule and coordinate instaliation of ad hoc query Technology 69 Essential Y language software. Management Vendor will schedule and coordinate installation of peripherals Technology 70 Important Y (workstations, printers, optical storage, and scanners). Management Vendor will schedule and coordinate installation of interfaces to Technology 71 both outside agencies and other City applications. Management Important Y 72 Vendor will schedule and coordinate installation of the database. Technology �mportant Y Management The vendor wili be responsible for coordinating unit, system and 7^ 'ntegration testing based upon test scripts jointly written and Testing Essential Y ';�ed upon by the City and the vendor. e vendor will work with City staff to identify and design test 74 �scripts that accurately reflect the "To-Be" processes as articulated Testing Essential Y through the Process Re-Engineering Phase of the project. Test outcomes will be documented and reviewed by Project Team 75 Testing Important Y members to ensure that the system is performing as anticipated. Changes in configuration based upon the Testing Processes will be 76 included in iterations of the System Configuration document. Testing Important Y The vendor will maintain a log of all testing and conduct quality 77 control on client testing scripts. City wiil be required to sign off on Testing important Y all log entries. The selected vendor will develop detailed training materiai that �g addresses how the City will utilize the selected system. Training Important Y The detailed training material will be divided into process specific 79 areas in order to facilitate process specific training. Training Important Y The detailed training material will be delivered to the City in 80 Training Important Y hardcopy and electronic format. 81 The vendor will conduct all end user training. Training Important Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 171 Section 8.0 Implementation The vendor provided training will be divided into discreet process 82 areas and will cover City business processes as well as all hardware Training Important Y and peripherals which must be utilized by the system. 83 End user training will be delivered "just in time" as close as possible Training Essential Y to the projected go-live date. Implementation core team training will be delivered early in the 84 project, prior to the initiation of the business process review stage Training Important Y of the project. The selected vendor shall develop and execute a training 85 evaluation process which should be completed 2 to 5 days after Training Important Y completion of the training class. S6 Each training participant will be provided direct access to the Training Essential Y training/test environment used for the training class. Each training class wiii cover all of the key business processes 87 , Training important Y inherent in the area being trained. Sg The maximum size of each training class should not exceed 16 Training Optional Y students. The selected vendor should assign the same application specialist 89 to the training program as the individual who aided the City during Training Important Y the implementation process. The training plan should accommodate training for staff who 90 Training Important Y support the Municipal Court process from external departments. Training standards will be established and agreed upon by both the 91 Training Important Y vendor and the City. The successful vendor will customize the training process based on 92 Training Important Y client needs. System training will be specialized to user defined groups at all 93 levels, ranging from higher level sessions (Senior Management) to Training Important Y lower level sessions (end users). Vendor will provide an education process to be followed by all 94 personnel assigned by the City as trainers (e.g. on site, at vendor's Training Important Y Iocation, at a customer's location, manuals, electronic, etc.) Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 172 Section 8.0 Implementation The vendor will provide ramp up training during the initial 95 transition period with interval training over the course of the Training important Y project. The product will include complete training material (manual and/or 96 automated) to provide for initia) and ongoing training Training important Y requirements. 97 Vendor will provide advanced training for: Training 98 System Administrators Training Essential Y 99 End users Training Essential Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 173 Section 8.0 Technical Requirements 0 e •e 1 The application server should Technical Application Technical support: Environment Server Environment eCourt is a Java based system. Technical Application Technical 2 Microsoft .Net 3.5 or greater Essential Y It will worl< on Windows OS, but Environment Server Environment .NET not required. 3 Apache Technical Application Technical Essential Y Environment Server Environment 4 Tomcat Technical Application Technical �mportant Y Environment Server Environment 5 ColdFusion Technical Application Technical Important Y Environment Server Environment The application server should run on Technical Application Technical � 6 Windows Server 2008 R2 - 64 bit. Environment Server Environment Important Y . The application should support a � load balanced environment in a Technical Application Technical Im ortant Y virtualized server operating Environment Server Environment P environment using VMware. Data exposed via the public access Technical Application Technical $ portal should be encrypted. Environment Server Environment Essential Y 9 The system should utilize: Technicai Database Technical Environment Environment 10 SQL Server 2005 (64-bit) Technical Database Technical �mportant Y Environment Environment 11 SQL Server 2008 R2 (64 bit) Technical Database Technical Important Y Environment Environment Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 174 Section 8.0 Technical Requirements Application can run with database as Technical Technical 12 part of a SQL Cluster (with Database Important Y Environment Environment name/instance configuration) 13 Database authentication should be Technical Database Technical Essential Y through Windows Authentication. Environment Environment 14 System should work with Microsoft Technical Database Technical Essential Y Active Directory Groups Environment Environment 15 The system should include archiving Technicai Database Technical �mportant Y capabilities. Environment Environment 16 The system should include purging Technical Database Technical Essential Y capabilities. Environment Environment The application should contain an Technical Technical 17 Database Essential Y automated replication process. Environment Environment The database application should Technical Technical Database Essential Y ;�upport VMware virtualization. Environment Environment 19 `User identity must be propagated to Technical Database Technical Essential Y database records and logs. Environment Environment The system updates all related modules and tables with a single Z� entry, for example, an account Technical Database Technical Essential Y number change is made only once Environment Environment but takes effect throughout The system. The system tracks and stores date 21 effective changes throughout all Technical Database Technical �mportant Y Environment Environment modules. The system provides query features that support alternate field lookup, Technica) Technical 22 Database Essential Y for instance, using vendor name to Environment Environment look up vendor number. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 175 Section 8.0 Technical Requirements The system provides table look-up 23 fields that can be linked to, or refer Technical Database Technical Important Y to, other tables. Environment Environment The system database supports 24 execution of procedures stored in Technical Database Technical Important Y the database based on event Environment Environment triggers. The system database provides 25 automatic replication of table Technical Database Technical �mportant Y Environment Environment updates to multiple databases. The system database locl<s records at Technica) Technical WE USE OPTIMISTIC LOCKING 26 the data item level. Environment Database Environment Important Y TO ACHIEVE THIS Data attributes can be configured by Technical Technical Z� the system administrator. Environment Database Environment �mportant Y The system database provides Technical Technical 28 structured query language (SQL) Database Important Y Environment Environment capabilities for database queries. � The system database allows properly authorized administrators to create Technical Technical 29 new data items online and will Database Important Y automatically update a global data Environment Environment dictionary with these new elements. New data items are automatically 30 included in migration paths during Technical Database Technical Essential Y software upgrades. Environment Environment Data model documentation for Technical Technical 31 accommodating new fields is Database Essential Y Environment Environment included as part of upgrade strategy. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 176 Section 8.0 Technical Requirements The system will perform updating from external batch sources (e.g., 32 other application systems) through a Technical Database Technical Essential Y standard interface. See interface Environment Environment requirements for details. The system supports on-line 33 integration through standard Technical Database Technical Important Y message-based API's. See interface Environment Environment requirements for details. The system supports mass changes 34 to defined groups of transactions or Technical Database Technical Important Y table-driven data, if properly Environment Environment authorized. 35 The system provides the ability to Technical Database Technical �mportant Y monitor access logs. Environment Environment 'he system provides the ability to Technical Technical Database Essential Y monitor database performance. Environment Environment The system provides the ability to perform database updates using Technical Technical 37 Database Essential Y logical transactions to ensure Environment Environment referential integrity. The system provides the ability to Technical Technical 38 support transaction commit/rollback Database Essential Y Environment Environment as required by the application. 39 System must support the following Technical Deskto Technical Desktop operating systems: Environment p Environment Technical Technical 40 Windows XP Desktop Essential Y Environment Environment Technical Technical 41 Windows 7 Environment Desktop Environment �mportant Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 177 Section 8.0 Technical Requirements 42 Windows 8 Technical Desktop Technical Important Y Environment Environment 43 System must support the foilowing Technical Deskto Technical Office productivity tools: Environment P Environment 44 Office 2007 Technical Desktop Technical Essential Y Environment Environment 45 Office 2010 Technical Desktop Technical �mportant Y Environment Environment 46 Application must support: Technical Desktop Technical Environment Environment 47 IE 7 or later Technical Desktop Technical Important Y Recommended internet Environment Environment Explorer IE8 or higher. 48 Safari Technical Desl<top Technical �mportant Y Environment Environment 49 Chrome Technical Desl<top Technical Important Y � Environment Environment 50 Firefox Technical Desl<top Technical Important Y Environment Environment System must support desktop TWAIN scanning, barcoding scanning, drivers license mag strip readers, signature Technical Technical 51 pads, credit card readers, digita) Environment Desktop Environment Essential Y image and video and network printers. The system should provide mobile 52 capability via handheld devices Technical Desktop Technica� Important Y such as the iPad and Android Environment Environment e app�ication should support all Microsoft software releases within Technical General Technical 53 60 days of release by Microsoft Environment Technical Environment �mportant Y (security and server). Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 1�8 Section 8.0 Technical Requirements System must support a WinTel Technical General Technical 54 Important Y operating environment. Environment Technical Environment System reports should be generated 55 using Microsoft SQL Server Reporting Technical Reporting Technical Optionai Y Environment Environment Services. The system should support a simple Technical Technical 56 Reporting Important Y to use ad hoc reporting tool. Environment Environment The system should support the ability to create scheduled reports and Technical Technical 57 Reporting Important Y burst them to users based upon user Environment Environment defined security. The system should provide a 58 business analytics toolset that Technical Reporting Technical �mportant Y Environment Environment integrates with Microsoft Excel. a reporting database must be run in parallel to the on-line transaction processing (OLTP) database, from Technicai Technical 59 which the reporting database will be Reporting Important Y refreshed at scheduled intervals by Environment Environment an extract, transform and load (ETL) batch process Queries and reports that would otherwise overtax the OLTP database Technica) Technical 60 must be routed to the reporting Environment Reporting Environment Important Y database. Queries must be constrained to Technical Technical 61 balance load across sessions — in Reporting particular: Environment Environment Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 179 Section 8.0 Technical Requirements Lookup queries where wildcards are 62 allowed must be directed to the Technical Reporting Technical �mportant Y We use hibernate transaxtion to Environment Environment efficient query mechanism. reporting database. Extract, Transform and Load (ETL) batch jobs must not run against the Technical Technical 63 on-line transactional processing Reporting Important Y Environment Environment (OLTP) database during normai City business hours. Analysis and reporting queries must oniy be executed against the Technical Technical 64 Reporting Essential Y reporting database and not the OLTP Environment Environment database. 65 Minimum password requirements Technical Securit Technical should support: Environment y Environment Minimum of 8 alphanumeric Technical Technical We integrate with active direcr' 66 Security Essential Y letters/numbers Environment Environment to enforce these. Minimum of 3 of 4- upper case, Technical Technical 67 lower case, number and special Security Essential Y Environment Environment characters 68 Force change every 90 days Technical Security Technical Essential Y Environment Environment The system should lock the account Technical Technical 69 Security Important Y after 3 unsuccessful attempts. Environment Environment 70 System must be based on: Technical System Technical Environment Architecture Environment Real-time update of tables from end- Technical System Technical 71 Important Y user input screens. Environment Architecture Environment All input (i.e., batch, interfaced and Technical System Technical 72 on-line) edited via City-defined Important Y Environment Architecture Environment parameters priorto processing. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 180 Section 8.0 73 N-tier architecture 74 Open standards computing platform (e.g., Java, .NET). B The system database must be ODBC 75 compliant (Open Database Connectivity). System must have export facility that supports at least one of the data- transfer formats listed below. This 76 facility should include the ability to select from data views information which is needed to update legacy systems or external agencies. Technical Requirements Technical System Technical Important Environment Architecture Environment Technical System Technical Important Environment Architecture Environment Technical System Technical Essential Environment Architecture Environment Technical ( System I Technical Environment Architecture Environment Technical System Technical �ML Essential Environment Architecture Environment 78 EDI Technical System Technical Important Environment Architecture Environment Flat file (e.g., ASCII, variable and/or Technical System Technical 79 Important fixed length, comma-delimited, etc.) Environment Architecture Environment 80 DIF Technical System Technical �mportant Environment Architecture Environment 81 CVS Technicai System Technical �mportant Environment Architecture Environment Technical System Technical 82 RTF Important Environment Architecture Environment or Support automated table export Technical System Technical 83 tools Environment Architecture Environment Important Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services Y Y Y Y Y u Y Y Y Y 181 Section 8.0 Technical Requirements For interfaces to justice systems, where applicable, Global Justice XML Data Model (GJXDM) must be incorporated for all data exchanges Technical System Technical 84 Important Y We are NIEM compliant. external to the system, including Environment Architecture Environment interFaces to other city, county and state systems. GJXDM standards can be found at www.it.ojp.gov/jx System provides Enterprise i��,� " 85 Application Integration (EAI) Technical System Technical � i, functionalit : Environment Architecture Environment � Y Connectivity services -- transports 86 data across different networl<s and Technical System Technical Important Y Environment Architecture Environment protocols � Communication services -- guarantees message delivery and handles queuing and encryption for 8� various types of communication (e.g., Technical System Technicai Important Y pubiish and subscribe, request/repiy, Environment Architecture Environment etc.) including the use of third party ESB (Enterprise Service Bus) and must be able t Data-flow services -- routes data to 88 the appropriate destination(s) and Technical System Technical �mportant Y filters messages Environment Architecture Environment Data-mapping services -- links data to 89 the appropriate meaning in different Technical System Technical Important Y schemas Environment Architecture Environment Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 182 Section 8.0 Technica) Requirements Data-transformation services -- Technical System Technical 90 handles data validation, calculations, Environment Architecture Environment �mportant Y lookups, padding, truncation, etc. Transaction processing services -- Technical System Technical 91 manages transactions across multiple Important Y Environment Architecture Environment applications Business process flow services -- groups and links data flows to Technicai System Technical 92 Important Y automate the steps in a business Environment Architecture Environment transaction Web Services functionality (i.e., Technical System Technical 93 UDDI, WSDL, SOAP, etc.) Environment Architecture Environment �mportant Y , The system must be web-based with he option to provide additional rich- >lientfunctionality, particularly 94 where a need for disconnected Technical System Technical operation is identified or in scenarios Environment Architecture Environment where work patterns do not lend themselves well to the request- response modei System is compatible with the City's 95 use of network protocols, such as Technical System Technical TCP/IP. Environment Architecture Environment 96 System provides toolsets to Technical System Technical accommodate the following: Environment Architecture Environment Technical System Technical 97 Database maintenance Environment Architecture Environment 98 Report design and generation Technical System Technical Environment Architecture Environment Fort Worth RFP# 13-0207 Court Case Management Software and Impiementation Services Essential I Y Essential ( Y Essential Y Your normal database processes appiy. Essential Y 183 Section 8.0 99 Application security administration 100 End-user interface design 101 System upgrade administration 102 API maintenance 103 Archiving/purging of data System supports a fully scalable architecture designed to allow 104 incremental increases in hardware capacity to meet demands of increased usage. System supports multi-node application server processing so that application processing load can be 105 distributed and balanced across multiple physical servers. Please provide diagrams that illustrate how yourtechnical architecture meets this criteria. System architecture supports rapid failover or redeployment in the event of planned or unplanned 106 interruptions. Please provide diagrams that illustrate how your technicai architecture meets this criteria. Technicai Requirements Technical System Technical Environment Architecture Environment Technical System Technical Environment Architecture Environment Technical System Technical Environment Architecture Environment Technical System Technical Environment Architecture Environment Technical System Technical Environment Architecture Environment Essential Essential Essential Essential Essential Y Y Y Y Y Technical System Technical Environment Architecture Environment Essentiai Y Technical System Technical Environment Architecture Environment �mportant Y Technical I System ( Technical Environment Architecture Environment Essential Y Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 184 Section 8.0 Technical Requirements System must provide clustered or parallel processing server components (database and application) that allow hot Technical System Technical 107 addition/deletion of hardware Important Y components to address peaks in Environment Architecture Environment demand. Setting up the servers in this fashion will assist with no single point System architecture ensures that 108 batch processing does not interFere Technical System Technical Essentiai Y with on-line responsiveness or Environment Architecture Environment availability. System architecture provides user session isolation such that a failure in Technical System Technical important Y "''ne session has no impact on other Environment Architecture Environment user sessions. All system data can be archived and Technical System Technical 110 Important Y retrieved. Environment Architecture Environment System administrator can define Technical System Technical 111 Essential Y retention periods. Environment Architecture Environment Deleted records are marked for 112 deletion but not removed from the Technical System Technical Important Y Environment Architecture Environment database until purged. Administrator has the ability to reset 113 deleted records (maintaining Technical System Technical Important Y Environment Architecture Environment referential integrity). System provides a method to access, 114 query, and report against archived Technical System Technical Important Y Environment Architecture Environment data. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 185 Section 8.0 Technical Requirements System provides method to access 115 archived data when system Technical System Technical Important Y architecture changes as a result of Environment Architecture Environment software upgrade. The system should provide schedule and ticl<ler capability that allows 116 users to manage important dates and Technical System Technical Essential Y prompts them on upcoming Environment Architecture Environment scheduled events. System is vendor-independent, that is, system is non-proprietary, based 117 on non-proprietarytechnologyand is Technical System Technical �mportant Y not locl<ed into usage with Environment Architecture Environment proprietary hardware or operating system platforms. The System minimizes the use of any technologythatincludesbranded products, or dependencies on Technical System Technical 118 Important Y branded products (e.g., Microsoft Environment Architecture Environment BizTalk server, SUSE Linux, Pl/SQL, T- SQL, etc.) Access requirements through firewalls should be clearly identified 119 and follow standard port Technical System Technical Essentiai Y Environment Architecture Environment designations (port 80 and 443), where possible. Processing for erroneous Technical System Technical 120 transactions is suspended until the Environment Architecture Environment �mportant Y error is resolved. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 186 Section 8.0 Technical Requirements System provides job scheduling tools to automate administrative tasks Technical System Technicai 121 Essential Y such as data base backups or regular Environment Architecture Environment report production. System integrates any proposed third 122 party applications into the main Technical System Technical Essential Y Environment Architecture Environment menu structure. Menu structure is maintained during Technical System Technical 123 softwareupgradesforfinancial Essential Y Environment Architecture Environment system and third-party applications. Vendor proposed third party Technical System Technicai 124 applications adhere to financial Essential Y system security profiles. Environment Architecture Environment System provides software ';'istribution tools to facilitate Technical System Technical ,`migration of application software to Environment Architecture Environment Essential Y other servers (e.g., test, development, etc.) Application is supported by version Technicai System Technical 126 control tools that provide "check in" Important Y and "check out" support. Environment Architecture Environment System tools support enterprise-wide 127 administration of multiple Technical System Technical Important Y application servers. Environment Architecture Environment System toois support proactive 128 management of application server Technical System Technical Important Y Environment Architecture Environment resources. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 187 Section 8.0 Technical Requirements The system supplies job scheduling Technical System Technical 129 tools that allow users to predefine Important Y Environment Processing Environment start times for batch processes. The system supplies job scheduling 130 tools that allow users to control jobs Technical System Technical �mportant Y Environment Processing Environment by transaction type. The system allows users to sequence 131 multiplejobs based on user-defined Technical System Technical Important Y Environment Processing Environment rules. The system maintains a system-wide 132 calendar, which can be updated Technical System Technical Important Y online by the user, for production Environment Processing Environment scheduling. The system provides automatic program checks for controlling data files, verifying correct processing, 133 and ensuring data integrity. Technica) System Technical Important Y Available program checl<s include Environment Processing Environment record counts, totals, limit checks, and dollartotals. The system automatically reconciles all exported/imported data (e.g., Technical System Technical 134 Important Y reconcile that what was sent was Environment Processing Environment received.) The system provides integration with 135 third-party scheduling tools for all Technical System Technical Important Y proposed installed and supported Environment Processing Environment Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 188 Section 8.0 Technical Requirements Application system is based on Technical System Technical 136 Important Y Service Oriented Architecture (SOA). Environment Processing Environment The system supports multiple 137 concurrent application sessions for Technical System Technical Important Y each user on a single computer. Environment Processing Environment The system supports returning only a generic server error to the end user 138 while logging a detailed error in a Technical System Technical Important Y Environment Processing Environment location only accessible to system administrators and other developers. System is web-based and requires Technical System Technical 139 minimal installation on client Important Y Environment Processing Environment workstations. Fort Worth RFP# 13-0207 Court Case Management Software and Implementation Services 189 FORT WORTH Feb 10, 2015 Jon M. Peek, Chief Operating Officer Journal Technologies 843 South 100 West Logan, UT 84321 Dear Mr. Peek, Enclosed you will iind iive (5) original contracts for final execution of the Professional Services Agreement for a new Municipal Court Case Management System, which includes eCourt, eCourt Public and Jury Systems. Please review and obtain the appropriate signatures on the final documentation between the City of Fort Worth and Journal Technologies Inc. All five original contracts have been placed in its own binder for your convenience, The signed original documents should be mailed back to us at the address listed below. Once all original documents have been received and signed by the City of Fort Worth executive management, the agreement will be formally executed and a final signed copy will be routed back to you for recording. Return Address: A.D. Marshall Public Safety Building 2°d Floor Administrative Offices Attention: Sherral Dulaney 1000 Throckmorton Street Fort Worth, Texas 76102 ank u, / Dalcisha R. Wesley �' Municipal Court Services Assistant Director Enclosure: Five Professional Services Contract Agreements MUNICIPAL COURT THE CITY OF FORT WORTH * IOOO THROCKMORTON STREET * FORT WORTH, TEXAS 76102 �, Printed on recycled paper M&C Review CITY COUNCIL AGENDA Page 1 of 3 Official site of the City of Fort Worth, Texas FORT WORTF� _�T`'�. COUNCIL ACTION: Approved As Amended on 1/27/2015 - Ordinance No. 21620-01-2015 DATE: 1/27/2015 REFERENCE C-27165 LOG NAME: 38CMSIMPLEMENTATION NO.. CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Professional Services Agreement with Journal Technologies, Inc., in an Amount Up to $1,170,276.00 for Initial Implementation Costs for a Case Management System, Including Software Licensing, Maintenance and Support, and Hosting Services for the Municipal Court Services Department, Authorize Funding for Staff Augmentation Services in an Amount Up to $790,000.00 and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a Professional Services Agreement with Journal Technologies, Inc., in an amount up to. $1,170,276.00 for initial implementation costs for a Case Management System, including software licensing, maintenance and support and hosting services for the Municipal Court Services Department and ten percent contingency for unanticipated costs; 2. Authorize the funding for staff augmentation services during the implementation phase using the City's current staff augmentation vendor in an amount up to $790,000.00; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Municipal Court Technology Project of the Special Trust Fund in the amount of $1,960,276.00 from available funds. DISCUSSION: On January 28, 2003, the City Council approved M&C C-19450, which authorized the purchase of a Case Management System (CMS) and Electronic Document Management System for the purpose of enhancing Municipal Court operations. On July 17, 2007, the City Council approved M&C G-15785, which authorized a Software Support and Maintenance Agreement for the system. The Municipal Court Services Department has been using the current CMS for approximately nine years. Since its implementation in December of 2005, a myriad of issues related to general usability, product design and software support have been identified. Municipal Court staff has worked diligently with the current vendor in order to improve the system to more effectively and efficiently meet the business needs of the Court. Despite those efforts, the current system is not sufficient to meet the Court's needs to foster effective and efficient progress. In order to initiate the process of replacing the current CMS on November 15, 2011, the City Council authorized an Agreement with the Azimuth Group, Inc., to conduct a comprehensive assessment of the following: (i) the Court's business processes, organizational structure and functional requirements and (ii) the capabilities and limitations of the current system. The resulting assessment and information was used to design the functional and technical specifications included in a Request for Proposals (RFP) to solicit submittals from the CMS vendor community. On or about July 17, 2013, an RFP was issued for a new CMS. The City received nine proposals, all http://apps.cfwnet.org/council�acket/mc_review.asp?ID=20389&councildate=l/27/2015 2/27/2015 M&C Review Page 2 of 3 of which were evaluated by applying the following criteria: technical and implementation services, qualifications/references, adherence to the terms/conditions of the contract, �nancial stability and MBE participation. After a thorough evaluation that involved scoring written proposals and reviewing vendor presentations, finalists were selected. An evaluation team, comprised of representatives from the Municipal Court Services, Financial Management Services, Law and Information Technology Solutions departments recommended the comprehensive solution by Journal Technologies, Inc. (formerly Sustain Technologies, Inc.) (Journal), as the best proposed CMS solution for the City. The selected solution includes eCourt Case Management System, an automated jury management system and document imaging system. The current appropriation request in the amount of $1,960,276.00 is for initial implementation costs for software implementation services, Staff augmentation, hosting services and software licensing and support. Funding for future annual payments and support will be included in subsequent budget years for the City Council to consider and approve. Staff anticipates maintenance and support fees in the amount of $337,179.00 to be paid ee{tra�4y from the Court Technology Project �-�' "-- ^-:�- through Fiscal Year �8�-9 2021, upon approval �p-�e the City Council for a six year initial term with total contract costs not to exceed $2,810,398.00. The Municipal Courts Technology Special Trust Fund is dedicated to financing the purchase and maintenance of technological enhancements for the Municipal Court. Collection of funds for this purpose requires a defendant convicted of a misdemeanor offense in a municipal court to pay a technology fee not to exceed $4.00 as court cost (Article 102.0172, Texas Code of Criminal Procedure). Municipal Court Services will utilize one of the City's current staff augmentation vendors authorized via M&C C-26551 (November 5, 2013) to provide project management support during the implementation. ADMINISTRATIVE AMENDMENT - One or more administrative amendments for this Agreement may be made by the City Manager or his designee for a total amount not to exceed 10 percent of the cumulative original contract cost. Such an increase would not require City Council approval as long as sufficient funds have been appropriated. M/WBE OFFICE - Journal Technologies, Inc., is in compliance with the City's BDE Ordinance by committing to 10 percent MBE (African American) participation for the implementation and setup in the first year of the contract. This goal does not apply to the maintenance and support services for the remaining years of the contract. The City's MBE (African American) goal on this project is 10 percent. AGREEMENT TERM - Upon City Council approval, the Agreement shall begin upon execution by the parties and shall continue for an initial term of six years. RENEWAL OPTIONS - Following the initial term, the Support and Maintenance Agreement may be renewed annually for five additional successive one-year terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Special Trust Fund. TO Fund/AccountlCenters � FE72 431038 03853501000 � FE72 539120 03853501000 $1,960,276.00 $1,960,276.00 FROM Fund/AccountlCenters (1)(2) $1, 960,276.00 FE72 539120 03853501000 http://apps.cfwnet.org/council�acket/mc_review.asp?ID=20389&councildate=l/27/2015 2/27/2015 M&C Review Submitted for Citv Manaqer's Office by;, Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS 38CMSIMPLEMENTATION AO FY2015.docx Charles W. Daniels (6183) Deidra Emerson (6711) Dakisha R. Wesley (6711) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=203 89&councildate=l /27/2015 Page 3 of 3 2/27/2015