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HomeMy WebLinkAboutContract 39963 (2)cwmcf 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 "Customer"), a home rule municipal corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, acting by and through its duly authorized Assistant City Manager, and CHEMWARE INC., ("ChemWare" or "Consultant'), a North Carolina corporation, with its principal office at 900 Ridgefield Drive, Suite 150, Raleigh, North Carolina, 27609, and acting by and through, its duly authorized president and CEO. CONTRACT DOCUMENTS This Agreement shall consist of the following documents: 1. This Professional Services Agreement 2. Attachment A — Software License Agreement 3. Attachment B — Software Maintenance Agreement 4. Attachment C — Statement of Work 5. Attachment D — Requirements Matrix 6. Attachment E — Payment Schedule 7. Attachment F — Hardware Infrastructure 8. Attachment G — Instrument List 9. Attachment H — Test Methods 10. Attachment I — Report Customization 11. Attachment J — Network Access Agreement -� All Attachments are affixed hereto, incorporated herein, and made a part of this Agreement for all purposes. In the event of a conflict between the documents, the order of precedence shall be (1) Professional Services Agreement, (2) the Statement of Work, (3) Software License Agreement, (4) Requirements Matrix, and (5) Software Maintenance Agreement. Notwithstanding the foregoing, the Network Access Agreement shall take precedence in any conflicting matters related to computer or network security. 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional consulting services for the purpose of providing Laboratory Information Management System (LIMS) implementation and support. Attached hereto and incorporated for all purposes incident to this Agreement is Attachment "C," Statement of Work, more specifically describing the services to be provided hereunder. 2. TERM, This Agreement shall commence upon execution by the City ("Effective Date") and shall expire upon completion of all services contemplated herein, but not later than March 1, 2011, unless terminated earlier in accordance with the provisions of this Agreement. 3. COMPENSATION. The City shall pay Consultant an amount not to exceed $349,639.00 in accordance with the provisions of this Agreement and the Payment Schedule attached as Attachment "E." Consultant shall not perform any additional services for the City not specified by this Agreem nt unless the City requests and approves in writing the additional costs for such services. The C ty t;t i I blzkAiE AIRY ChemWare, Inc. - LIMS FT WORTH, TX Professional Services Agreement Page 1 of 8 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/9/2010 DATE: Tuesday, March 09, 2010 LOG NAME: 60CHEMWARE-LIMS REFERENCE NO.: **C-24124 SUBJECT: Authorize Execution of An Agreement with ChemWare, Inc., in the Amount of $349,639.00 for Software, License Implementation Services and Annual Maintenance for a Laboratory Instrument Management System RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute an agreement with ChemWare, Inc., in the amount of $349,639.00 for software licenses, implementation and annual maintenance for a Laboratory Instrument Management System for the Water Department; and 2. Authorize the agreement to be effective as of March 9, 2010 and expire March 1, 2011, with annual options to renew maintenance through March 1, 2013. DISCUSSION: The Laboratory Instrument Management System (LIMS) is used by the Water Department Laboratory to log in, track, test and report on water samples. The laboratory is required to perform analytical work on water and wastewater samples across the City of Fort Worth and other jurisdictions within the service area. The Laboratory Services division is organized into the following sections: Inorganics, Metals, Microbiology, Organics, Sample Receipt/Sample Management and Administration. The current LIMS (Labworks) has been in place for 15 years and does not allow for necessary enhancements to help streamline processes. This procurement will allow the lab to expand the water testing capabilities and create opportunities for enhanced revenue for the Water and Sewer Fund through additional testing of water samples from wholesale customers and other jurisdictions across the state. The current system lacks the necessary vendor support to enable the development of new functions that will allow for this growth. The City laboratory plans to leverage their accreditation from National Environmental Laboratory Accreditation Program (NELAP) to perform water and wastewater testing of other local municipalities than cannot meet the standards required for accreditation. The new LIMS will allow the laboratory to take advantage of demand for water and wastewater testing as an accredited laboratory. The proposed LIMS system will allow for the following: Enhanced ability to invoice customers through web technology Streamline operations and reduce the amount of manually generated reports Increase overall throughput of lab sampling Remain in compliance with Federal and State testing guidelines Maintain accreditation with a system geared towards NELAP guidelines Logname: 60CHEMWARE-LIMS Page 1 of 2 Provide workflow automation Institute better traceability standards required by NELAP Insure accuracy of testing and reporting Improve overall timeliness of reporting to meet regulatory requirements The Water Department requires this new system to be able to maintain the current standards necessary for running an accredited Water Laboratory. The benefits derived from this system will allow for the lab to take advantage of technology to improve revenue generation for the City of Fort Worth. ADMINISTRATIVE INCREASE — An administrative increase or change order for this Contract may be made by the City Manager, or his designee, for an amount up to $25,000.00 and does not require specific City Council approval so long as sufficient funds have been appropriated. BID ADVERTISEMENT — This agreement is being awarded pursuant to Chapter 252, Texas Local Government Code. A Request for Proposal (RFP) for this procurement was advertised in the Fort Worth Star -Telegram on July 8, 2009 and July 15, 2009 and on the City of Fort Worth website. Eight responses were received in response to the RFP. A designated team of Water Department employees evaluated the proposals. In addition to considering the relative importance of price, the primary factors considered in the review included company qualifications, project personnel, project approach and adherence to requirements set forth in the RFP. After considering all responses on this basis, it was determined that ChemWare, Inc., would provide the best solution to the City's needs. M/WBE — A waiver of the M/WBE participation goal has been requested and approved because the purchase of goods or services is from source(s) where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund and Sewer Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for Citv Manager's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 1. 60CHEMWARE-LIMS FARs.pdf (CFW Internal) 2. ChemWare_LIMS.pdf (CFW Internal) 3. Funding- sewer.pdf (CFW Internal) 4. Funding= Water.pdf (CFW Internal) FROM Fund/Account/Centers P253 541200 601020145680 $174,819.50 P258 541200 701020145680 $174,819.50 Fernando Costa (6122) S. Frank Crumb (8207) S. Frank Crumb (8207) Logname: 60CHEMWARE-LIMS Page 2 of 2 shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. The City or Consultant may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement 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 portions of the payments herein agreed upon for which funds shall have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. 4.4 Termination of License Agreement. The foregoing notwithstanding, the License Agreement may be terminated by either party in accordance with the Termination provisions in Attachment A. no 4.5 Termination of Maintenance Agreement. The foregoing notwithstanding, the Maintenance Agreement may be terminated we by either party in accordance with the Term and Termination provisions in Attachment B. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 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. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the consultant involving transactions ChemWare, Inc. - LIMS Professional Services Agreement Page 2 of 8 y MW relating to this Contract 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 appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, 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 of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, 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. 8. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL 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. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City, which assignment shall not be unreasonably delayed or withheld. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The ChemWare, Inc. - LIMS Professional Services Agreement 10 Page 3 of 8 i i Consultant and Assignee shall be jointly liable for all of Consultant's 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 referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. i 10. INSURANCE. Consultant shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $1,000,000 Aggregate (b) Automobile Liability $1,000,000 Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by the Consultant, its employees, agents, No representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non -owned i (c) Worker's Compensation - Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee (d) Technology Liability (Errors & Omissions) $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit no Technology coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Technology E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to the City to evidence coverage. 10.2 General Requirements ChemWare, Inc. - LIMS Professional Services Agreement Page 4 of 8 CJ 40 (a) The commercial general liability and automobile liability policies shall name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of "r Recovery) in favor of the City of Fort Worth. (c) A minimum of Thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. so (f) Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, '� rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. an 12. NON-DISCRIMINATION COVENANT. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 13. NOTICES. Notices required pursuant to the provisions 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 (if facsimile number is provided below) with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: ChemWare, Inc. - LIMS Professional Services Agreement r Page 5 of 8 To The CITY: City of Fort Worth Attn: Water Department / Barbara Wilson 1000 Throckmorton Fort Worth TX 76102-6311 Facsimile: (817) 392-8654 14. SOLICITATION OF EMPLOYEES. To CONSULTANT: CHEMWARE INC. Attn: Vice President/GM 900 Ridgefield Drive, Suite 150 Raleigh, North Carolina, 27609 Neither the City nor Consultant shall, during the term of this agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this agreement, without the prior written consent of the person's employer. 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 upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or 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 restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. ChemWare, Inc. - LIMS Professional Services Agreement .� Page 6 of 8 am so Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction 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 / MODIFICATIONS / EXTENSTIONS. No extension, modification or amendment of this Agreement shall be binding upon a 'r party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 23. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of Attachments "A" through "J" attached hereto, and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. NETWORK ACCESS. If Consultant requires access to the City's Intranet, Internet, email, or other City department database, Consultant must agree to the City's Network Access Agreement, which is attached hereto and incorporated as Attachment "J." The Network Access Agreement outlines the scope of access of Consultant, its employees, agents, and representatives, including any subcontractors, to the City's network. *W 25. SIGNATURE AUTHORITY. r r The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. [Signature Page Follows] ChemWare, Inc. - LIMS Professional Services Agreement Page 7 of 8 No ow IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this day of 20 i r.- CITY OF FORT WORTH: By:`fitw...ri �-�- Fernando Costa Assistant City Manager Date: T ! 1)1 ATTEST: By: I City Secret APPROVED AS TO FORM AND L y. Males is B. Farmer Assistant City Attorney CONTRACT AUTHORIZATION: M&C: C ALf I' - Date Approved: 3 I� CHEMWARE, INC. By AR4ob'ertrt �Jh�itehead��� Vice President/GM Date: S/&/ ATTEST:�', r— V�y:"V onor J. Ward ���A Director, Business Development OFFICIAL RECORD crry SECRETARY FT YkfoRTIj, TX ChemWare, Inc. - LIMS Professional Services Agreement Page 8 of 8 Md r. i .41 i OWN i do s no M ATTACHMENT A —SOFTWARE LICENSE AGREEMENT HORIZON' LABORATORY INFORMATION PARAGRAPH 2 MANAGEMENT SYSTEM This Software License Agreement ("Agreement") is entered into between ChemWare Inc., a North Carolina corporation ("ChemWare") with its principal office at 900 Ridgefield Drive, Suite 150, Raleigh, North Carolina, 27609, and the City of Fort Worth, Texas ("Customer"), with its principal office at 1000 Throckmorton Street, Fort Worth, Texas, 76102. PARAGRAPH 1 DEFINITIONS 1.1. "Software" means the executable code of the HORIZON Laboratory Information Management System Software, together with the executable code for the modules, add -ins, options, special functions, and other ChemWare products identified in Exhibit A under a "HC" or "HO' item designation. 1.2. "Database" means the single central Oracle® database including tables for housing Laboratory Information Management System (LIMS) data established by the Software, together with any Oracle software products identified in Exhibit A under a "OR" item designation. 1.3. "Documentation" means all information provided by ChemWare which describes the installation, operation and use of the Software, in printed or electronic format. 1.4. "Materials" means the Software, Documentation and Database. 1.5. "Oracle" means the Oracle Corporation, located at 500 Oracle Parkway, Redwood Shores, California 94065. 1.6. "Installation Date" means the earliest of the date on which. (a) the Software is delivered to the Customer; or (b) the Software is loaded onto Customer's hardware. 1.7. "Licensed Unit" means the unit of measurement used to define the quantity of Materials licensed to Customer according to the following definitions: a. "Named User" means any real person authorized by Customer to use the Materials, regardless of whether that person is actively using the Materials at any given time. b. "Concurrent User" means any real person authorized by Customer to use the Materials simultaneously with other authorized real persons. c. "Processor" means the CPU in the computer on which the Materials are installed and/or running. In a virtual computing environment, to count as one (1) Processor it must be either dedicated to the Materials or the Materials must be bound to the Processor; otherwise all Processors in the computer must be counted when determining compliance with the license quantity. d. "Server" means the computer on which the Materials are installed. e. "Instrument" means the individual analytical instrument, or instrument data system controlling that instrument, as the case may be, on which the Materials are installed. f. "Workstation" means the individual personal computer on which the Materials are installed. g. "Device" means the individual hardware, hardware data system, network folder or other medium for data storage. 1.8. "Embedded Software License" means a special Database licensing option limiting the Customer's routine access to the Database to the functions provided through the Software interface. 1.9. "Licensor" means any third party software provider, including Oracle, from which ChemWare has secured the right to sublicense, distribute, integrate, and/or support the provider's product as a module, add -in, option or special function when used in conjunction with the Materials and the terms of this Agreement. LICENSE 2.1. Grant of License. ChemWare grants to Customer and Customer accepts, pursuant to the terms and conditions of this Agreement, nonexclusive, nontransferable license ("License") to use the Materials commencing on the Installation Date and continuing in perpetuity unless terminated in accordance with the terms herein, with the following restrictions: a. The Materials may be used only by Customer. Customer may not sublicense, rent, distribute, lease, timeshare or otherwise transfer or assign Customer's rights in the Materials. Customer may not act as a service bureau or provide subscription services using the Materials. b. Customer may not change, alter, modify, translate, disassemble, decompile or reverse engineer the Materials. If Customer has an Embedded Software License, Customer may not modify the Database data structures except as may be provided through the Software interface. c. The Materials may be installed and used by no more than the quantity of Licensed Units specified in Exhibit A (as may be amended from time to time). If Licensed Units are based on Concurrent Users or Named Users, authorization for use must be granted by defining unique individual user names and security credentials through the Software interface, which names and credentials may not be shared by other users. A previously authorized Named User may be deactivated and replaced by a new Named User, with no net change in license quantity. d. Customer may not export or re-export the Materials or any copy, adaptation, or product thereof, directly or indirectly, in violation of any U. S. export law or other applicable regulation, or use the Materials for any purpose prohibited by these laws. The Materials, delivered to U.S. Government end users, are "commercial computer software" pursuant to the applicable Federal Acquisition Regulation ("FAR") and agency -specific supplemental regulations. As such, use, duplication, disclosure, modification, and adaptation of the Materials shall be subject to the license and license restrictions set forth in this Agreement, and, to the extent applicable, the additional rights set forth in FAR 52.227-19, Commercial Computer Software —Restricted Rights (June 1987). e. Customer may not publish the results of any benchmark tests on the Materials. f. Customer may not remove or modify any ChemWare or Licensor program markings, copyright notices, trademarks or other notices of proprietary rights in the Materials. g. All rights not expressly granted are reserved to ChemWare and its Licensors. 2.2. Additional Units and Materials. Any updates or new versions, modules, add -ins, options, customizations or special functions to the Materials provided to Customer by ChemWare shall also become part of the Materials and shall be governed by the terms of this Agreement. Additional Units may be added by an Addendum to Exhibit A, subject to payment of the required fees pursuant to Paragraph 4. 2.3. Copies. Customer shall not make any copies of the Materials except in accordance with the following: a. The Materials may be copied as part of the standard backup process used by Customer, provided that such copies are used only when restored to the primary production environment and only during the term of the License granted herein. b. One copy of the Materials may be used on an unlicensed spare (failover) Server provided that (i) such use is exclusively in a failover environment; (ii) use of the failover Server does not extend beyond a total of ten separate days in any given calendar year; and (iii) use of the failover Server in a production environment is discontinued when the primary production Server is repaired or replaced. c. One copy of the Materials may be installed in development, test and/or training environments, provided that such copy is installed CFW_CitemWare Attachment_ A_ License Agreement 1 29 10).doc Page 1 of 5 Rev. 2/2/2010 ATTACHMENT A —SOFTWARE LICENSE AGREEMENT i i Md i M W w within a tablespace in the same database and on the same Server as the production environment. d. ChemWare must approve, in advance and in writing, any additional copies, backups or archives Customer wishes to make, which approval may be contingent upon, among other conditions, the licensing rules of Oracle and other Licensors. PARAGRAPH 3 TERM This Agreement is effective upon execution by the Customer , and shall continue until such time as it is terminated in accordance with the terms of this Agreement. PARAGRAPH 4 LICENSE FEES 4.1. Customer agrees to pay ChemWare a license fee ("License Fee") for the License to use the Materials in accordance with the license quantities and payment terms specified in Attachment "E" to the Professional Services Agreement to which this Software License Agreement is attached. An additional license fee will be required if Customer adds to the quantity of Licensed Units or acquires licenses for additional modules, add -ins, options, special functions, customizations or other products from ChemWare, and such additional fee is deemed part of the License Fee. 4.2. Neither the License Fee nor any additional license fee shall include the right to new versions, updates, upgrades, or additional or different software or services of any kind. 4.3. All payments shall be made within the United States in U.S. dollars, and shall be nonrefundable. 4.4. Unless the License Fee is paid in full on or before the Installation Date, a temporary license key will be issued to Customer. At such time as Customer has paid the License Fee in full, Customer will be issued a permanent license key allowing access to the Materials. In the event Customer fails to pay the License Fee in full and pursuant to the terms of Attachment "E," the temporary license key will expire, certain functions of the Materials will cease to operate, and ChemWare may proceed with its remedies for breach. PARAGRAPH OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS ChemWare and its Licensors retain all ownership and intellectual property rights in and to the Materials. Customer acknowledges that the Materials and any modifications, copies or derivatives thereof are the sole and exclusive property of ChemWare and its Licensors, regardless of the form or media in which the original or copies may exist. The Software, including its code, logic, design and structure, contains trade secrets which are the sole property of ChemWare, and to the extent permitted by applicable law, Customer agrees to secure and protect the Software so that ChemWare's trade secrets therein are not disclosed to any third parties. PARAGRAPH 6 CONFIDENTIAL INFORMATION Subject to applicable law, all information related to the nature and use of the Materials is confidential. Customer will use its best efforts and take all reasonable steps to protect the Materials from unauthorized reproduction, publication, disclosure or distribution. PARAGRAPH 7 LIMITED WARRANTIES 7.1. ChemWare makes the following warranties to Customer with respect to the Materials: a. For the first sixty (60) days after the Installation Date, if the Software, as delivered (and, if applicable, installed) by ChemWare fails to perform in accordance with the functional specifications in the Documentation, and provided that ChemWare is given written notice of the failure within this warranty period, ChemWare will correct or bypass such error to the extent the error (i) materially affects the user's ability to use the Software in accordance with the Documentation; and (ii) can be reproduced or recreated by ChemWare under similar conditions and in a commercially reasonable manner. ChemWare shall have no obligation to correct or bypass errors under this warranty which result from: (iii) modification of the Materials by a person other than ChemWare; (iv) errors caused by defects, problems or failures of hardware, software or other components or systems not provided by ChemWare; or (v) introduction of errors caused by the negligence of Customer or other non-ChemWare personnel. b. If the Materials, as delivered to Customer, are alleged to infringe any registered trademark, registered service mark, copyright or patent, or to misappropriate any trade secrets of a third party (or if ChemWare otherwise believes the Materials may infringe or misappropriate), ChemWare will make commercially reasonable efforts to either modify the Materials to be noninfringing (while substantially preserving the utility and functionality of the affected portion of the Materials) or obtain a license to continue use. 7.2. Other than the foregoing specific warranties, the Materials are provided "AS IS" and ChemWare makes no warranty, guaranty, condition, covenant or representation, express or implied. All other warranties, including without limitation the implied warranties of merchantability, fitness for a particular purpose, noninfringement, timeliness, currency, accuracy or other attributes, or from a course of dealing or usage, are specifically disclaimed. Without limiting the foregoing, ChemWare and its Licensors make no warranty or representation that the operation of the Software or the Database will be uninterrupted or the Materials will be error -free. PARAGRAPH 8 LIMITATIONS ON LIABILITY 8.1. In the event of a breach of the warranty set forth in Paragraph 7.1 a, and provided that such breach continues for a period of thirty (30) days after Customer gives written notice to ChemWare of the breach, then Customer may terminate this Agreement and recover the License Fees paid to ChemWare through the date of termination and once the License is terminated. This is Customer's exclusive remedy. 8.2. In the event Customer alleges a breach of the warranty set forth in Paragraph 7.1b, or in the event ChemWare otherwise terminates part of the License granted hereunder based on an allegation or determination that any part of the Materials infringe the intellectual property of a third party, then ChemWare's liability shall be limited to a refund of the License Fees actually paid to ChemWare for the applicable part of the Materials for which the License has been terminated. This is Customer's exclusive remedy. 8.3. Except with respect to damages arising out of or related to a breach of Paragraphs 7.1a or 7.1b, the remedies which are set forth exclusively above, or damages which may arise as a direct result of ChemWare's negligence, gross negligence, or intentional conduct, ChemWare's liability to Customer for damages arising from or related to this Agreement shall be limited to the amount of the License Fees Customer has paid to ChemWare hereunder. 8.4. Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages, whether in tort or contract or based on any other legal theory. Neither ChemWare nor its Licensors, including but not limited to Oracle, shall be liable for damages from interruption of business, loss of use of the Materials, loss of profits, revenue, data, or data use, cost of recreating data, cost of capital, cost of any substitute software, or losses caused by delay, even if ChemWare or its Licensors, including but not limited to Oracle, has been advised of the likelihood of such damages occurring. PARAGRAPH 9 INDEMNIFICATION 9.1. Subject to the limitations in Paragraph 9.2, ChemWare (or Oracle if the claims relate to the Database) agrees to indemnify and CFW_Chemwaze Attachment_ A_ License Agreement (1 29 10).doc Page 2 of 5 Rev. 2/2/2010 M ATTACHMENT A— SOFTWARE LICENSE AGREEMENT 0" No so i r i WS W s defend Customer with respect to any claim brought against Customer based on alleged infringement by the Materials of the claimant's intellectual property rights, provided Customer must: a. Provide written notice to ChemWare not later than fifteen (15) days after Customer receives notice of a claim or suit; and b. Give ChemWare (or Oracle if the claims relate to the Database) sole control of the defense and any settlement negotiations; and c. Give ChemWare (or Oracle if the claims relate to the Database) the information, authority and assistance requested to defend against or settle the claim. ChemWare may settle any such claim in any manner it deems appropriate, provided that Customer shall have no obligation to make a payment under any such settlement without its prior consent. Customer shall have the right to participate at its own expense in the defense of any such suit or proceeding through counsel of its own choosing. d. If the Materials or any part thereof are 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, ChemWare (or Oracle if the claims relate to the Database) shall, at its own expense, either: (a) procure for Customer the right to continue to use the Materials; or (b) modify the Materials to make them non - infringing, provided that such modification does not materially adversely affect Customer's authorized use of the Materials; or (c) replace the Materials with equally suitable, compatible, and functionally equivalent non -infringing Materials at no additional charge to Customer; or (d) if none of the foregoing alternatives is reasonably available to ChemWare (or Oracle if claims relate to the Database), terminate this agreement and refund to Customer the payments actually made to ChemWare under this Agreement. 9.2. ChemWare (or Oracle, as applicable) shall have no indemnification obligation to Customer other than as set forth in Paragraph 9. L In clarification but not limitation of the foregoing, neither ChemWare nor Oracle will indemnify Customer if Customer: a. Makes a claim based upon third party programs or ancillary programs not included in the Materials; or b. Alters the Materials or uses a version of the Materials which has been superseded, and the infringement claim could have been avoided by using an unaltered current version of the Materials; or c. Combines the Materials with any other software or hardware not recommended or furnished by ChemWare or Oracle; or d. Uses the Materials outside the scope of use set forth in the Documentation. PARAGRAPH10 NOTICES All notices under this Agreement shall be delivered by hand or by a reputable national overnight courier service, with recipient signature required, and addressed to the recipient's physical address indicated in the first paragraph of this Agreement, or to such other address as the recipient may designate by providing notice. The notice shall be considered delivered on the day of delivery, as indicated by the signed receipt. PARAGRAPH 11 ASSIGNMENT Neither party may assign any right, remedy, obligation, or liability under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, provided that ChemWare may, without the consent of Customer, but upon no less than thirty (30) days written notice, assign all, but not less than all, of its rights and obligations under this Agreement to a third party purchaser of all or substantially all the assets or equity of ChemWare, or with which ChemWare affects a merger or business combination, provided any such third party agrees in writing to assume all obligations of ChemWare under this Agreement. Oracle may deny assignment of the Database for any reason, may require an assignment fee, and may assign its rights and obligations without further notice. Notwithstanding the foregoing provision, in the event Oracle makes an assignment pursuant to the provision set forth in this Section 11, ChemWare shall secure for Customer the right to have sufficient access to the Materials as necessary to allow Customer's continued use pursuant to the Agreement. PARAGRAPH12 FORCE MAJEURE Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of the common enemy, earthquakes, floods, fires, epidemics, riots, labor disputes, failures or delay in transportation or communications, or any act or failure to act by the other party or such other party's employees, agents or contractors (a "Force Majeure Event"); provided, however, that failure to make payment of the License Fee when due shall never be deemed to be a result of a Force Majeure Event. PARAGRAPH 13 TERMINATION 13.1. The License granted hereunder shall automatically terminate with the termination of this Agreement. 13.2. In the event of any default of any obligation under this Agreement which remains uncured thirty (30) days after receipt of a written notice identifying in detail the nature of the default and the expectations to cure the default, the non -defaulting party may terminate this Agreement. 13.3. Within ten (10) days after termination of this Agreement, Customer shall discontinue use of the Materials; shall either return to ChemWare the Materials and all copies thereof, or delete or destroy all copies of the Materials; and deliver to ChemWare a written certification as such. 13.4. Upon termination of this Agreement, except termination by Customer as a result of a breach by ChemWare of Paragraph 7.1a or 7.1 b, all unpaid License Fees shall immediately become due and payable. 13.5. Notwithstanding Paragraph 13.4, no further License Fee payment shall be due in the event of termination of this Agreement pursuant to the terms of Paragraph 8.1 or 8.2, and Customer may recover damages as set forth in Paragraph 8.1 or 8.2, as applicable and as limited thereby. 13.5. Any provision of this Agreement which by its terms imposes continuing obligations, including but not limited to Paragraphs 4, 5, 6, 7, 8, 9, 13, 14 and 15, shall survive the termination of this Agreement. PARAGRAPH 14 GOVERNING LAW AND ADJUDICATION 14.1. This Agreement is to be governed by and interpreted in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. Venue for any actions arising hereunder shall be in Tarrant County, Texas. 14.2. in the event of a dispute arising under or related to this Agreement, except as set forth in Paragraph 14.4, the parties may first submit the dispute for non -binding mediation in Tarrant County, Texas, or in any other place mutually agreed upon by both ChemWare and Customer. The mediator shall be agreed upon by the parties. Each party shall be liable for its own expenses, including attorneys fees; however, the parties shall share equally in the costs for the mediation. 14.3. In the event that mediation is not successful, the dispute may, upon written consent of both parties, be submitted for binding arbitration by one arbitrator in accordance with the rules of the American Arbitration Association. Entry of judgment from that arbitration may be made in a court of competent jurisdiction. Each party shall be liable for its own expenses, including attorneys fees; however, the parties shall share equally in the costs for the arbitration. CFW_ChemWare Attachment_ A_ License Agreement (1 29 10).doc Page 3 of 5 Rev. 2/2/2010 i ATTACHMENT A — SOFTWARE LICENSE AGREEMENT i i so 14.4. Notwithstanding the foregoing, in order to prevent irreparable harm, either party may seek temporary and interim injunctive relief from a court of competent jurisdiction. PARAGRAPH15 RELATIONSHIP BETWEEN CHEMWARE AND ORACLE The parties agree that Oracle is a third party beneficiary of this Agreement. ChemWare is an independent contractor/licensee in all matters relating to its contracts with Oracle. Except for as specifically identified in this Agreement, neither ChemWare nor Oracle has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity. PARAGRAPH16 WAIVER AND SEVERABILITY 16.1. No term of this Agreement shall be deemed waived and no breach excused unless such waiver or excuse shall be in writing and signed by the party giving the waiver or excuse. Thefailure of either party to exercise in any respect any right provided for in this Agreement shall not be construed as a waiver of any further right under this Agreement, and no waiver shall be a continuing waiver unless specifically so stated in the writing. 16.2. If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, such decision shall not affect, impair or invalidate the remainder of this Agreement, but shall be confined in its operation to the provision of this Agreement directly involved in the controversy in which the decision was rendered, the invalid or unenforceable provision shall be reformed by the arbitrator so that each party shall have the obligation to perform reasonably alternatively to give the other party the benefit of the bargain. PARAGRAPH17 TAxES Customer is responsible for and shall pay all sales, use, and excise taxes, and like charges imposed by any federal, state, or local governmental entity for products or services provided under this Agreement, excluding only taxes based solely on ChemWare's income. When ChemWare has the legal obligation to collect such taxes, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides ChemWare with a valid tax exemption certificate authorized by the appropriate taxing authority. Customer shall hold ChemWare harmless from all claims and liability arising from Customer's failure to pay any such taxes, duties, or charges. PARAGRAPH 18 WHOLE AGREEMENT Each party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms. The parties further agree that this Agreement, including its Exhibits, is the complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof and that it supersedes and merges all prior proposals, understandings, and agreements, whether oral or written, between the parties with respect to the subject matter hereof. This Agreement may not be modified except by a written instrument duly executed by the parties hereto. Any term or condition on a printed form which shall be sent to ChemWare from Customer shall have no effect, and shall not modify, add to, or subtract from the obligations and rights set forth herein. _ IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as set forth below. ChemWare. Inc. Oreanizattii'o�n Signed: Signed: I (SEAL) Print: Robert J. Whitehead Print: Title: Vice President Title: Date: _�.� Z ?. P/ O Date: aaa a 0FMIM, RECI CITE' SECRET FT, WORTH, APPROVED AS TO FORMI ND LEGALITY: ASSI TANT CITY ATTORNEY Attested by: Marty H City S,;-,- 6-)-H10q Contract Authorization Date CFW_ChemWace Attachment_A_I.imme Apecment (1 2910).doc Page 4 of 5 Rev. 2/2/2010 ATTACHMENT A — SOFTWARE LICENSE AGREEMENT EXHIBIT A TO SOFTWARE LICENSE AGREEMENT i A. LICENSED MATERIALS: The Materials included in this License are itemized in the Licensed Units and quantities described below: Laboratory Information Management System (LIMS) HC-002 HORIZON Central -One Core LIMS, Database Licenses 35 Named Users Scientific Data Management System (SDMS) HO-101 HORIZON Data Mana ement-Vision® g Data Capture/Management 15 Named Users HO-105 HORIZON Data Management-WebVisiong Thin Client for HDM 1 Servers Enterprise Reporting and Business Intelligence (BI) i HO-106 HORIZON Report Manager-ActuateCR) Web Report Portal, Dev Tools I Processor HO-107 Actuate® e.Spreadsheet DMR Spreadsheet 1 Processor HO-108 HORIZON Statistical Analysis-NWA Quality Analyst® Control Charts/Analysis Tool I Workstation ,.. I HO-120 Simple Barcode Software® Scanned Document Capture I Server Database and Tools OR-305 Oracle9i® Database, ESL Standard Edition Processor -Based (Unlim Users) 2 Processors OR-303 Oracle Forms Services (Includes Oracle Reports) Web -Based LIMB Deployment 35 Named Users i CFW_ChemWare Attachmem_A_ 4cense Agreement (1 29 10).doc Page 5 of 5 Rev. 2/2/2010 ATTACHMENT B — SOFTWARE MAINTENANCE AGREEMENT Md me mo rs i M M W HORIZON® LABORATORY INFORMATION MANAGEMENT SYSTEM This Standard Software Maintenance Agreement ("Agreement") is made and entered into as of the date of the last signature below, between ChemWare Inc., a North Carolina corporation ("ChemWare") with its principal office at 900 Ridgefield Drive, Suite 150, Raleigh, North Carolina, 27609, and City of Fort Worth, Texas ("Customer"), with its principal office at 1000 Throckmorton Street, Fort Worth, Texas 76102. WITNESSETH: WHEREAS, ChemWare and Customer entered into a Software License Agreement dated ("License Agreement"); and WHEREAS, Customer desires to obtain from ChemWare certain software maintenance services with respect to the License Agreement; NOW, THEREFORE, in consideration of the mutual covenants and conditions set out in this Agreement, the parties agree as follows: PARAGRAPHI DEFINITIONS I.I. "Software" means the executable code of the HORIZON Laboratory Information Management System Software, together with the executable code for the modules, add -ins, options, special functions, and other ChemWare products included in the terms of the License Agreement. 1.2. "Database" means the single central Oracle® database including tables for housing Laboratory Information Management System (LIMS) data established by the Software, together with any other Oracle software products included in the terms of the License Agreement. 1.3. "Documentation" means all information provided by ChemWare which describes the installation, operation and use of the Software, in printed or electronic format. 1.4. "Materials" means the Software, Documentation and Database. 1.5. "Oracle" means the Oracle Corporation, located at 500 Oracle Parkway, Redwood Shores, California 94065. 1.6. "Parser" means an executable program, routine, or other code or method developed by ChemWare to reformat data and generate an output file. 1.7. "Error Correction" means (i) a software modification or addition that, when made or added to the Materials, establishes material conformity of the Materials to the Documentation; (ii) a procedure or routine that, when observed in the regular operation of the Materials, eliminates or bypasses the practical adverse effect on Customer of such nonconformity; or (iii) an update to the Documentation to reflect the intended description of the proper use of the Materials. 1.8. "Updates" means any additional or supplemental releases of the Materials made generally available under this Agreement, and which may include Error Corrections or enhancements to the Materials. The Updates do not include fundamental changes to the graphical user interface technology, supported database or operating system platform, or any additional hardware or software necessary to support such changes. 1.9. "Unsupported Items" shall include but not be limited to the following, whether or not provided by ChemWare: (i) scripts; (ii) Materials or other software beyond the warranty period; (iii) example software (e.g., off -the -shelf reports, calculations, triggers or interfaces) to assist users in extending the Software's functionality; (iv) Parsers for versions of instruments or data sources other than those for which the Parsers were originally developed; (v) Updates other than the most recent Update of the Materials, provided that ChemWare shall continue to support prior Updates for a period of sixty (60) days from the date of the most recent Update; and (vi) hardware. 1.10. "Customer Error" means an error in the functioning of the Materials which results from (i) defects, problems, failures, or use with hardware, software or other components or systems not provided by ChemWare; (ii) use with Unsupported Items; (iii) negligence of Customer or other non-ChemWare personnel; or (iv) modification of the Materials by Customer, including without limitation changes made by Customer to the control tables and computation routines in a manner inconsistent with the Documentation or ChemWare-provided training. Customer Error shall also mean an error resulting from Customer's use of the Materials (v) in a manner that is not within ordinary use of the Materials as described in the Documentation; or (vi) in a computing environment not certified or recommended by ChemWare for use with the Materials. 1.11. "Error" means any error in the Documentation or failure of the Software, as delivered (and, if applicable, installed) by ChemWare, that materially affects the user's ability to use the Software in accordance with the Documentation, to the extent the error or failure is not the result of Customer Error. 1.12. "Normal Working Hours" means the hours between 8:00 A.M. and 6:00 P.M. Eastern time, Monday through Friday, excluding regularly scheduled ChemWare holidays. 1.13 "System Administrator" means any employee or representative of Customer who has successfully completed all ChemWare-recommeded training on implementation and use of the Materials. PARAGRAPH 2 OBLIGATIONS AND SERVICES 2.1. Customer Obligations. a. Customer shall be responsible for procuring, installing, and maintaining all equipment, telephone lines, communications interfaces, operating systems and other hardware and software necessary to operate the Materials in conformance with the Documentation. b. Customer shall be responsible for installing and implementing the Materials, unless such services are provided by ChemWare pursuant to a separate agreement. c. Customer shall designate up to three (3) System Administrators for all software support and maintenance communication with ChemWare's designated Technical Support and Project Management points -of -contact. d. Prior to contacting ChemWare for assistance, the System Administrator shall review the Documentation and attempt to diagnose and resolve Customer's issues relating to the Materials. e. The System Administrator shall provide ongoing and timely feedback to ChemWare in support of all troubleshooting and resolution activities relating to the Materials. In some cases, this feedback may require the Customer Technical Representative to supply a reproducible test case, database export, documentation (such as screen captures), or remote or on -site access to Customer's software and hardware. 2.2. Covered Services. During Normal Working Hours and throughout the term of this Agreement: a. ChemWare shall provide to the Customer Technical Representatives telephone and e-mail support related to (i) Error notification and resolution; (ii) questions on functional and operational issues related to the Materials; (iii) configuration of the control tables and results computations; and (iv) installation of new Updates. b. ChemWare shall adequately staff a call support center with trained, full-time employees capable of rendering the Covered Services in accordance with the response time objectives described in Exhibit A to this Agreement. ■ CFW_ChemWue Attachment_ -Mamteoance Support Agreement (1 29 10).doe Pagel U5 Rev. 02/02/10 ATTACHMENT B — SOFTWARE MAINTENANCE AGREEMENT Ind a_ MM and bw No 10 0 c. ChemWare shall maintain a technical support request database for tracking the disposition of all technical support requests, software change requests, and related communications and diagnostic information. d. ChemWare shall be responsible for Error Correction, provided that (i) ChemWare is given written notice of the Error by the Customer during the term of this Agreement; and (ii) the Error can be reproduced or recreated by ChemWare under similar conditions and in a commercially reasonable manner. e. If the Error affects the use of the Materials in a production environment, ChemWare shall provide Error Correction through a "service pack" or "patch," which may be downloaded from ChemWare's web site, and ChemWare shall include the Error Correction in all subsequent Updates of the Materials. 2.3. Other Services. Any services not specified in Paragraph 2.2 above will be considered "Other Services." a. Other Services shall include, but not be limited to, (i) correction of Customer Errors; (ii) services provided outside of Normal Working Hours; (iii) assistance with installation of Updates if it is more practical, in ChemWare's sole opinion, to provide the service at Customer's site; (iv) training; (v) system configuration; (vi) custom programming; (vii) methods customization; (viii) data imports or conversion (such as client and sample results data migration); (ix) control table enhancements; (x) custom interface development; (xi) report customization or development; (xii) consulting or project management services; or (xiii) network, database management or recovery, operating system, hardware or other IT service not specifically identified in Paragraph 2.2 as a Covered Service. b. Other Services may be provided by ChemWare, at its sole discretion, subject to staff availability and pursuant to the additional payments and terms specified in Paragraph 3, Exhibit A and (if applicable) a separate Technical Services Agreement by and between the parties. c. If Customer notifies ChemWare of an Error, and after investigation by ChemWare it is determined that the problem is the result of Customer Error, ChemWare reserves the right to bill Customer as an Other Service for all time and expenses accrued in making this determination. PARAGRAPH 3 FEES AND CHARGES 3.1. Maintenance Fees. Fees for the term of this Agreement shall be as set forth in Exhibit A and shall be due and payable upon execution of this Agreement. Thereafter, Customer may renew this Agreement for consecutive one year terms upon payment of the annual maintenance fee; provided however, ChemWare hereby reserves the right to adjust annual maintenance fees and make other modifications to this agreement so long as ChemWare notifies Customer of such adjustment no later than sixty (60) days prior to the renewal of this Agreement. A renewal notice and quotation shall be sent to Customer at least sixty (60) days before the beginning of each renewal term, followed by an invoice no later than thirty (30) days before the beginning of each renewal term. Following the first year of maintenance, the rate used to calculate maintenance fees for the second ("Year 2"), third ("Year 3"), and fourth ("Year 4") renewal periods shall remain fixed; thereafter, the fees shall not increase by more than one basis point (e.g., from 18% to 19%) from one year to the next, provided that any such rate increase shall not exceed an average of five percent (5%) per year since the last year in which an adjustment was made. Full payment shall be due on or before the first day of the renewal support period. 3.2. Emergency Support. This Agreement does not include 24- hour/365 days "on -call" support. Any services provided outside of Normal Business Hours will be considered "Emergency Support." This Agreement may be amended by the Parties to include the Emergency Support Option, which must be established in advance, based on applicable terms and rates described in the Technical Services Agreement and published on ChemWare's Web site at www.chemware.com. 3.3. Travel Expenses. Customer shall reimburse ChemWare for reasonable travel expenses (e.g., transportation, lodging, and meals), courier fees, and long distance telephone or modem expenses incurred by ChemWare in rendering services to Customer more than twenty five (25) miles from ChemWare's principal office. ChemWare shall provide documentation with the invoice in the form of copies of receipts for all billable expenses incurred. CHEMWARE SHALL NOT CHARGE CUSTOMER FOR TIME SPENT TRAVELING TO AND FROM CUSTOMER'S SITE. Travel expenses shall not exceed $13,500.00 on an annual basis. 3.4. Payment Terms. Payments are due to ChemWare within thirty (30) days from receipt of invoice. If payment is not made within thirty (30) days, Customer agrees to pay interest on all unpaid amounts at the rate of the lesser of one percent (1 %) per month or the highest rate allowed under applicable law. 3.5. Late Payment and Nonpayment. If Customer fails to pay any invoices issued when due, ChemWare reserves the right to withhold any and all services to the Customer, and no refund shall be due if services are so suspended. If ChemWare does suspend services, Customer may have the services reinstated only upon payment of all overdue invoices including interest. ChemWare also reserves the right to seek any other remedies available to collect delinquent payments from Customer. Withholding of services by ChemWare for nonpayment does not release Customer of any obligations to ChemWare, including without limitation the obligation to pay the remaining amounts due for the term of this Agreement. PARAGRAPH 4 PROPRIETARY RIGHTS 4.1. Any Updates or Error Corrections received by Customer shall also become part of the Materials and shall be governed by the terms and conditions of this Agreement and the License Agreement, 4.2. The Materials are and shall remain the sole property of ChemWare and its licensors, regardless of whether Customer, its employees, or contractors shall have contributed to the conception of such work, joined in the effort of its development, or paid ChemWare for the use of the work product. Customer shall take any further action and execute and deliver any further instrument, including documents of assignment or acknowledgment, that ChemWare may reasonably request in order to establish and perfect ChemWare's exclusive ownership rights in such works. Customer shall not assert any right, title, or interest in such works, except for the non-exclusive right of use granted to Customer at the time of its delivery or on -site development. PARAGRAPH 5 LIMITED WARRANTIES AND DISCLAIMER OF LIABILITY 5.1. Except as set forth in this Agreement, ChemWare expressly disclaims any and all warranties concerning the Materials or the services to be rendered hereunder, whether expressed or implied, including (without limitation) any warranty of merchantability or fitness for a particular purpose. 5.2. Neither party shall be liable for any consequential or special damages arising from breach of warranty, breach of contract, negligence or any other legal theory, whether in tort or contract, even if the other party has been advised of the likelihood of such damages occurring, including without limitation, damages from interruption of business, loss of profits or business opportunities, loss of use of software, loss of data, cost of recreating lost data, cost of any substitute software, or losses caused by delay. 5.3. Neither party shall be liable for any failure or delay in performance of any obligation under this Agreement if such failure or delay is caused by circumstances not directly or substantially under CFW_ChemWare Attachment_B_Mamtenance Support Agreement (I 29 10).doc Page 2 of 5 Rev, 02/02/10 ATTACHMENT B — SOFTWARE MAINTENANCE AGREEMENT as me aW dw M M the control of the other party, including without limitation, failures resulting from acts of God, acts of public authorities, fires or other natural disasters, delays of suppliers or carriers. 5.4. ChemWare shall not be liable for recovery of the database or lost data due to Customer Error, disk corruption or other factors outside of ChemWare's control, including but not limited to acts of God, power surges or other electrical malfunction, neglect or inadequate maintenance of the Software, or problems caused by or related to the operating system, network or system hardware, which problems shall also be considered Other Services. 5.5. Except for damages for personal injury, including death, or damage to tangible property, caused by ChemWare, ChemWare's liability for damages to Customer shall be limited in all cases to the annual maintenance fee paid by Customer for this Agreement, for the year in which the alleged liability first arose. PARAGRAPH 6 TERM AND TERMINATION 6.1. The initial term of this Agreement shall commence upon completion and Customer acceptance of the Software Installation and Installation Qualification (IQ) deliverables, and shall continue for a period of one year. Customer shall have the option to renew this Agreement for consecutive annual renewals unless terminated in accordance with the terms herein. Unless ChemWare provides written notice to the contrary, this Agreement shall automatically terminate at the conclusion of any term if payment for the next consecutive term is not received by ChemWare as specified in Paragraph 3. 6.2. This Agreement may be terminated as follows: a. This Agreement shall immediately terminate upon the termination of the License Agreement. b. This Agreement may be terminated by either party upon the expiration of the then -current term of this Agreement, provided that at least thirty (30) days' prior written notice is given to the other party. c. This Agreement may be terminated by either party upon thirty (30) days' prior written notice if the other party has materially breached the provisions of this Agreement and has not cured such breach within such notice period. 6.3. Following termination of this Agreement, ChemWare shall immediately invoice Customer for all accrued fees and charges and all reimbursable expenses up through the date of termination, and Customer shall pay all amounts due within thirty (30) days of the invoice. 6.4. Termination of this Agreement prior to the expiration of the then -current term specified in Exhibit A, and pursuant to the terms of this Paragraph, shall not obligate ChemWare to refund any amount paid by Customer for this Agreement nor result in any liability, under any theory of law or equity, of ChemWare to Customer, other than to provide Customer with all currently available Updates through the date of termination. 6.5. Provided that the License Agreement remains in effect, then upon termination of this Agreement Customer shall be permitted to continue use of the Materials pursuant to the terms of the License Agreement. If the License Agreement has terminated, Customer shall take such actions with respect to the Materials as required under the License Agreement upon its termination. 6.6. Notwithstanding termination of this Agreement, all obligations related to Proprietary Rights under Paragraph 4, all disclaimers and limitations under Paragraphs 5 and 6.4, and the terms in Paragraphs 3.5, 7.1, 7.2, 7.3, 7.4 and 7.6 shall remain in effect. 6.7. The terms of the Agreement shall renew automatically; in such cases, only the prior term's Exhibit A will be superseded by a revised Exhibit A for the renewal term, unless otherwise agreed to by the parties. PARAGRAPH 7 MISCELLANEOUS 7.1. Unless written approval is granted by the other party, each party agrees to refrain from soliciting or hiring or contracting or attempting to hire or contract the other's employees or subcontractors who have been involved with the provision of services under this Agreement for a period of one (1) year from termination of such employee's provision of services under this Agreement. 7.2. Each party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms. The parties further agree that this Agreement, including its Exhibits, is the complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof and that it supersedes and merges all prior proposals, understandings, and agreements, whether oral or written, between the parties with respect to the subject matter hereof. This Agreement may not be modified except by a written instrument duly executed by the parties hereto. Any term or condition on a printed form which shall be sent to ChemWare from Customer shall have no effect, and shall not modify, add to, or subtract from the obligations and rights set forth herein. 7.3. This Agreement is to be governed by and interpreted in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. Venue for any actions arising hereunder shall be in Tarrant County, Texas. In the event of a dispute arising under or related to this Agreement, the parties may first submit the dispute for non -binding mediation in Tarrant Couunty, Texas, or in any other place mutually agreed upon by both ChemWare and Customer. The mediator shall be agreed upon by the parties. Each party shall be liable for its own expenses, including attorneys fees; however, the parties shall share equally in the costs for the mediation. In the event that mediation is not successful, the dispute may, upon written consent of both parties, be submitted for binding arbitration by one arbitrator in accordance with the rules of the American Arbitration Association. Entry of judgment from that arbitration may be made in a court of competent jurisdiction. Each party shall be liable for its own expenses, including attorneys fees; however, the parties shall share equally in the costs for the arbitration. 7.4. In the event that any provision of this Agreement is held by a court of competent jurisdication to be invalid, illegal, or unenforceable, such decision shall not affect, impair or invalidate the remainder of this Agreement, but shall be confined in its operation to the provision of this Agreement directly involved in the controversy in which the decision was rendered. The remaining provisions shall be enforced to the maximum extent permitted by applicable law. 7.5. Neither party may assign any right, remedy, obligation, or liability under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld, provided that ChemWare may, without the consent of Customer, but upon no less than thirty (30) days written notice, assign all, but not less than all, of its rights and obligations under this Agreement to a third party purchaser of all or substantially all the assets or equity of ChemWare, or with which ChemWare affects a merger or business combination, provided any such third party agrees in writing to assume all obligations of ChemWare under this Agreement. 7.6. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Failure to enforce any of the provisions of this Agreement shall not be construed as a waiver of future rights to enforce the same or other provisions of this Agreement. 7.7. Customer shall be entitled to all benefits of the escrow arrangements ChemWare has with Business Records Management ("BRM", Pittsburgh, PA), or its successor software escrow company, so long as (i) Customer continuously renews this Agreement and pays in full any associated fees for this Agreement; and (ii) is not in CFW—ChemWare Attachment_l3_Maimcnance Support Agreement (1 29 10).doc Page 3 of 5 Rev. 02/02/10 ATTACHMENT B — SOFTWARE MAINTENANCE AGREEMENT .* i i i an WW mi i material breach of this Agreement or other written contract between ChemWare and Customer. The escrow agreement ChemWare has with BRM entitles Customer, with the exceptions described above and with the exception of any third party software not owned and controlled directly by ChemWare, to receive the source code in the event (iii) ChemWare no longer supports the software; (iv) ChemWare has made an assignment for the benefit of creditors; or (v) ChemWare institutes or becomes subject to a liquidation or bankruptcy of any kind. In the event that Customer does access the source code from escrow, the source code may only be used as set forth in the Software License Agreement and the Software Maintenance Agreement, and for no other purpose and to no greater extent. Release of source code from escrow shall not terminate this Agreement nor cause waiver of any of ChemWare's or ChemWare's successor's rights described by this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as set forth below. ChemWare. Inc. Organization Signed: 1/!il/�'�' "✓ rW'.(M.wy-l_.{ Signed: (SEAL) Print: Robert J. Whi head Print: Title: Vice Preside t Title: Date: � A Date: J/ / APPROVED AS TO FO�EGALITY: ASSIS ANT CITY ATTORNEY Attested by: Marty Hendrix, ►ty Scc+etarY C -a-N-� I .a q - Contract Aut.horizatiOx I Date M OFFI aIAL RECORD CITY SECRETARY FT. WORTH, TX of CFW_ChemWare Attachment_E_Maintenance Support Agreement (1 29 10).doc Page 4 of $ Rev. 02/02/10 M ATTACHMENT B — SOFTWARE MAINTENANCE AGREEMENT EXHIBIT A TO SOFTWARE MAINTENANCE AGREEMENT A. RATE SCHEDULE FOR SERVICES: Tym t Leas* of service Normal Working Hours, at ChemWare Normal Working Hours, at Customer Site Emergency Hours, Support Staff Contacted at ChemWare Emergency Hours, Requires On -Site Work, Overtime or Support Staff Contacted Off - Site B. RESPONSE TIME OBJECTIVES: ++ Service Level Acknowledgement Response Temporary Fix Software Update Description/ Examples Prtttt#ty I Production Systems Immediate 1 hour 1 hour Next Update or General Release Down production system; Oracle crash; critical sample or data processing halted. xa,:„ : , `mice Levd Rate Se'WdullC Covered under this Agreement. Other Service'; requires Technical Services Agreement. No additional charge if resolvable without overtime. Requires Customer to establish in advance an Emergency Support Option account.2 Immediate 4 hours 2 days Next Update or General Release System useability compromised; low priority samples or data processing impacted; form failure or data processing error. 3 Bug Report/ 10 hours 10 hours Not Applicable Next Update or General Release Issue not affecting data delivery; pro- duction or parallel testing questions; implementation halted during parallel testing; bug with reason- able workaround or non -critical feature with no workaround; custom work under warranty. ft*W 4 jad s Test System/ M"I _" Unsupported Item 10 hours 10 hours 2 days Other Service` Not Applicable Other Service' Not Applicable Other Service System config- uration and control table setup; database information; general implementation questions; enhance- ment request. As defined in Paragraph 2.3: printer setup; networking and hardware issues; custom work not under warranty.2 C. STANDARD SOFTWARE MAINTENANCE FEES: First Year Maintenance: There shall be no charge to Customer for the first year's maintenance. 0 Software maintenance fee for the Software and Documentation, at $_0.00_. I@ Software maintenance fee for the Database, at $_0.00_ Each Renewal Period: The maintenance fee for the first annual renewal period shall be $34,408.00; thereafter the renewal fee shall not increase except as allowed under the terms of Paragraph 3 of this Agreement. A renewal notice and quotation for fees to renew this Agreement shall be provided to Customer no later than sixty (60) days prior to the expiration of the then -current term. An invoice for renewal fees shall be provided to Customer no later than thirty (30) days prior to expiration, and shall be payable on the date the new agreement commences. Unless otherwise agreed to by the parties, the terms of the Agreement shall renew automatically; in such cases, only the prior term's Exhibit A will be superseded by a revised Exhibit A for the renewal term. 'See Paragraph 2.3 and Technical Services Agreement for applicable terms and rates. 2See www.chemware.com for applicable terns and rates. is CM—ChemWare Attachment _B_Maiuteeance Support Agreement (1 29 10).doc Page 5 of 5 Rev. 02/02/10 Statement of Work HORIZON® LABORATORY INFORMATION MANAGEMENT Prepared for: City of Fort Worth Date: September 30, 2009 Filename: Statement of Work — Ft Worth_ LSD_200909_Rev2.doc Version 2.0 Draft Document ChemWare Contact: Conor Ward cward@chemware.com 900 Ridgefield Drive, Suite 150 Raleigh, NC 27609 919.855.8716 x227 I www.chemware.com 1.0 Revision History ATTACHMENT_C_STATEMENT OF W OR LDOC PACEI OF 30 REY. 2/2/2010 Sec. UM Rev No. Description of Change Author Eff. Date 0.0 All Initial creation of Project Implementation R. Whitehead 10/19/2006 Summary template for summarizing scope C. Ward i of work, deliverables, and related professional services required by ChemWare to deploy HORIZON LIMS. 'i 1.0 All Draft of Statement of Work document for J. Jenkins 09/23/2009 specific City of Fort Worth project. 2.0 4&5 Renamed Section 4 to "Scope of Work" and C. Ward 9/30/2009 incorporated tasks from Section 5 into section 4 to remove any ambiguity. Renumbered all subsequent sections. Removed Requirements Matrix from SOW App F — will be included as a separate attachment to the contract. i M0 i a M ATTACHMENT_C_STATEMENT OF WORK.DOC PAGE2 OF 30 REV. 2/2/2010 i MRF r. RM 4-0 MM i M r ■ 2.0 Purpose The purpose of this Statement of Work document is to establish a mutual understanding of the project methodology, resources, scope of work, timelines, risks, and assumptions. This document is not intended to provide the level of detail included in the detailed requirements analysis report. The Statement of Work sets the expectations for all members of the Project Team, itemizes the business functionality requirements of the City of Fort Worth's Laboratory Services Division project tasks and deliverables, the technical environment (e.g. instrumentation), and the procedures by which the City accepts each deliverable. ATTAMWNT_C_STATEMENT OF WOR LDOC PAGE3 OF 30 REV. 2/212010 s 3.0 Teams and Management This section outlines the roles and responsibilities for the City and ChemWare staff. 3.1 Project Team Organization HORIZON Implementation Project Organization Jason Asher .. Project Director/ Project Sponsor Technical Lead r Kevin Carter Project Manager Team Lead Sherri Kirklin Implementation Specialist System Administrator r Wendy Elliott -Smith Development Team Support City IT Technical Lead Bill Steltenpohl Engineering/integration Support Laboratory Business Process Expert Robin Gray '— Technical Support/Training Client Services Process Expert Figure 1: Project Team organization chart r r ■ r ATTACHMEM'_C_STATEMEN7 OF WOMDOC PAGE4 OF 30 REV.1l2l2010 3.1.1 ChemWare Project Team 3.1.1.1 Project Director/Technical Lead The Project Director is 100% responsible for the oversight of the project and will coordinate all ChemWare team resources. Any issue that cannot be satisfactorily resolved by the Project Manager is escalated to the Project Director. 3.1.1.2 Project Manager The Project Manager is responsible for managing the day -to day activities of the project and for tracking the completion of all tasks listed in the Implementation Plan. The Project Manager will oversee every task and deliverable for your project, ensuring that the proper resources are allocated and the project remains on schedule and on budget. The time required for completing the implementation depends in some part on key strategic '— decisions made within the laboratory. To mitigate this risk, the Project Manager will meet with the laboratory staff to determine jointly how best to utilize the available laboratory resources. Periodic reports will be filed with your LIMS Administrator and/or other appropriate personnel, highlighting key milestones achieved during the prior period and summarizing any open issues to be resolved during the next period. The Project Manager will alert the laboratory if there is any indication that your project objectives may not be met, and she has the authority to mobilize additional ChemWare resources, if necessary. Should any customization or special programming be required, the PM will initiate the Request for Services or Software Change (RSSC) process (described in a later section). The RSSC is then reviewed and approved by the applicable Development Team Support representative and the City's Team Lead before any work commences. If the RSSC pertains to services or changes beyond the original scope of work, any additional costs will be identified on the RSSC. The Project Manager will prepare and deliver a monthly progress report. A Project Financial Summary will also be supplied detailing how much of the purchased software/services have been delivered to date. This report will be delivered to the City during the monthly and executive progress update meetings. i 3.1.1.3 Implementation Specialist The Implementation Specialist is the primary onsite resource for the implementation. The ,— Implementation Specialist is responsible for the interpretation and translation of the laboratory's business rules into the test codes, workflow, rules and related configuration settings required by HORIZON to execute these business rules. The Implementation Specialist will coordinate her efforts with the Project Manager in order to insure that key milestone deliverables are achieved. The Implementation Specialist will also participate in the onsite progress update meetings. 3.1.1.4 Support Staff Additional subject matter experts, including support staff from the Development Department, Engineering and Help Desk, will be called upon to perform specific tasks as necessary. A ChemWare engineer will perform the physical installation at the Centralized Water Laboratory, but Water IT engineering support staff will need to be available on - site to work with ChemWare staff (preferably side -by -side) during the installation ATTACHMZNT_C_STATEMENT OF WORK.DOC PAGES OF 30 REv. 2/2/2010 process. ChemWare engineers will also provide assistance in the software integration portions of the implementation and will serve as subject matter experts for special integration issues that may arise. Specifically, the engineer will focus on the integration of the Scientific Data Management module and instrument interfacing. q, The Help Desk handles routine technical support requests (not project -specific strategic decisions, which should be directed to the Project Manager) for both production and implementation customers, conducts System Administration I and II/III training, logs Software Change Requests (SCRs) for product defects and enhancement requests, logs and tracks all Technical Support Requests (TSRs) and supports other ChemWare Project Team members as needed. At any given time, there are usually 3-6 staff manning the Help Desk during normal business hours. The Director of Software Development at ChemWare oversees all aspects of the software life cycle, ensuring the proper quality processes are in place for custom software releases. All other Project Management, Engineering, and Help Desk staff report to the Director of Professional Services. 3.1.2 The City's Project Team and Roles The City will assemble a Project Team to include, at a minimum, the following resources: 3.1.2.1 Project Sponsor and Stakeholders The Project Sponsor and Stakeholders are the people who monitor the project from a high level, making sure the project is progressing as expected and meets all objectives. These Stakeholders remain informed of general progress and are alerted to critical obstacles that may require a change in strategy, additional resources, or other intervention. i 3.1.2.2 Team Lead The Team Lead serves as the laboratory's internal project manager. He/she coordinates the City's Project Team by managing individual tasks of the project, resources, budget, and risks. 3.1.2.3 System Administrator The System Administrator configures HORIZON to fit the laboratory's individual needs. This primarily involves table configuration (defining product/test codes, workflows, QC/action limits, etc.) and user security configuration; therefore, a working knowledge of the laboratory's operation and technologies is essential. While ChemWare trains the System Administrator, the individual should have strong computer (PC) skills, and be able to think logically and critically. System Administrators should have demonstrated _ experience in managing projects of similar scope, be able to communicate effectively across all levels of the Project Team and be proactive in troubleshooting and taking corrective actions based on ChemWare and user feedback. System Administrators with SQL or related programming experience will be able to add advanced automation capabilities and further customize the system through HORIZON's Application Programming Interface. Visual Basic° and/or Actuate® development experience is important if the System Administrator will develop custom reports for the laboratory or is making major modifications to the off -the -shelf reports delivered with the system. ATTACHMENT_C_STATEMENT OF WORKMOC PAGE6 OF 30 REP. 2/2/2010 3.1.2.4 Information Technology Resource The Water Information Technology Division should assign an IT professional to the project. The IT resource is tasked with installing workstations and servers, providing maintenance and installing upgrades. This individual must be able to: • maintain the laboratory's network; _ maintain the server and individual workstations; • install software; • install and configure printers, instruments, and other hardware. 3.1.2.5 Laboratory/Operations/Business Rules Resource A person with extensive knowledge of the laboratory operation is vital to the project. The mo City requires one or more such resources familiar with laboratory processes, including: • workflow and business rules; • sample batching criteria (batching rules, quality control, etc); i • sample analysis information (analytes, methods, procedures, etc); • data reduction rules (significant figures/rounding, data formats, etc); • reporting specifications (electronic and final data reports); • regulatory requirements. 3.1.2.6 Client Services/Business Analyst A client services, project manager, or senior business analyst resource involved in the early stages of project ensures a smooth transition — for both laboratory operation and its customers — as the City launches HORIZON. This resource configures, or provides the System Administrator with, the following information: • client and profile hierarchy and organization; • pricing and invoicing details; • customer contact information (names, addresses, etc); • reporting specifications; • project contractual requirements and/or data quality objectives. 3.2 Communication Plan and Service The Project Manager is responsible for all team communications. Project communication ensures that all members of the City's LIMS Team and ChemWare's Project team remain informed and keep the project on target from start to finish. Frequent communication identifies risks, resolves obstacles, and keeps critical paths in the spotlight. The Project Manager will establish with the City's team a communication plan that determines the frequency, forum, and attendees for recurring meetings and information to be distributed and the distribution list. This plan will include provisions and commitments to the monthly management meeting and regular project status calls with written minutes. ATTACHMENf_C STATEMENT OF WOULDOC PAGE7 OF 30 REV. 2/2/2010 3.2.1 Technical Support Request Logging and Tracking The Maintenance and Support Agreement describes the technical support services ChemWare provides at no additional charge (beyond the annual Maintenance fee commencing after the warranty period). ChemWare uses a formal tracking process to y ensure successful completion of projects. In the event that an issue requires a software change, ChemWare project personnel will file a Software Change Request (SCR). SCRs have a severity priority assigned by ChemWare. The City is then provided with _ promise dates for each SCR that impacts their project. The SCRs are tracked by the Project Manager to ensure the project timeline. The Project Manager is responsible for identifying and reporting all such SCR and Technical Support Request (TSR) issues to the City. For routine inquiries to the Help Desk, a TSR is initiated in the tracking system, and assigned a ticket number, owner and priority. The priority system is described in the final contract between ChemWare and the City. If the issue is the result of a software defect that renders the software unusable (e.g., down production system, database crash, critical sample or data processing halted), the TSR is characterized as Priority 1 and all commercially reasonable measures are extended to resolve the issue as quickly as possible, according to the terms of the final contract. All members of the ChemWare Project Team and Development Team have access to the tracking system, and may ' respond or augment the TSR during its lifecycle. The City's Team Leader is provided the TSR ticket number for further reference. 3.2.2 Service Requests and Escalation The Project Director and the City's Project Sponsor must authorize any major changes to the Project the Scope of Work. In the event an issue results in a request to change the software, ChemWare project personnel will initiate a Software Change Request (SCR), which is reviewed and prioritized by the Development Team, Support representative and Director of Software Development. If the SCR results in customization or special programming, a Request for Services or Software Change (RSSC) is initiated as well. The City is provided a response and/or delivery commitment date (and affected software release/version) for each SCR and RSSC (if applicable) that impacts the project. The Project Manager tracks the SCR/RSSC against these commitments. The Project Manager is responsible for properly assigning team resources to tasks, tracking the progress of resources against the Project Plan timeline, verifying the quality of the work products and identifying and reporting issues to the Project Director and the City's Project Sponsor, as appropriate. 3.2.3 Request for Services or Software Change The Maintenance and Support Agreement describes the "Other Services" not covered by so the Agreement. All Centralized Water and Waste Water Laboratory -specific systems integration, customization and special programming tasks will be described through a RSSC (see 3.3.2 above). The objective is to properly document the requirements and expected outcome of the service and to make sure the client understands and approves of any additional costs involved, if applicable. Service labor rates are detailed in the final contract. ATTACHMENT C STATEMENTOMORR.DOC PAGE8OF30 REV.2/2/2010 Regardless of how detailed the specifications the potential always exists that an unforeseen or new requirement will arise during the implementation. Should the Project Sponsor decide that a moderate increase in the timeline and budget is an acceptable tradeoff for the improvement in functionality, convenience, or automation, the RSSC process will be followed. In some cases, the RSSC is originated from a new idea about how to enhance or extend the system, and the customer is willing to wait for the enhancement in a general product release. If ChemWare provides such an enhancement, there is no additional cost involved (beyond the annual maintenance fee). All RSSCs are assigned an SCR number and tracked in the same system as the TSRs. 3.3 Risk Management The Project Manager will establish, with the City's Team Leader, a communication plan that determines the frequency, forum and attendees for recurring meetings and information to be distributed and distribution list. The Software Change Request (SCR) process ensures that proper priority is given to any issues that may arise. The SCR process is complemented by ChemWare's standard procedures for updating customers on project status, key milestones and SCRs should they exist. The time required for completing the implementation depends in some part on key _ strategic decisions made within the laboratory. To mitigate this risk, the ChemWare project management staff will meet with the City's LIMS Team to determine jointly how best to utilize the available City resources. The project plan will document the specific strategies, deliverables and tasks for both ChemWare and the City's LIMS Team Members. Anticipated risks at this time include: • Limited information about laboratory business processes, for example, the reviews and approvals process; • Interfacing instruments connected to computers utilizing operating systems that pre -date Windows 2000 not suitable for RS232 communications; • Data migration efforts hold many unknowns until the data set to be migrated is inspected and key decisions made about its relevance to the new system; • Limited information about reports and reporting formats provided; • Availability of City resources assigned to the project throughout the implementation process. ChemWare's ability to meet project requirements is based upon the following assumptions: • The City will supply an adequately staffed, capable and appropriately dedicated project team to actively participate in this Project, including: meeting attendance and participation, software deployment, use case development, acceptance testing and effective communication with the ChemWare project team. ATTACRMENT_C_STATEMENT OF WORR.DOC PACE9 OF 30 REV. 2/2/2010 • The minimum hardware and software requirements have been met, prior to ChemWare Professional Services staff arriving on -site for system installation. • All workstations and all instruments to be interfaced with HORIZON are capable of writing ASCII output files to a common network drive accessible by the HORIZON server or can be connected to a PC via an RS232 cable. 3.4 Change Orders The following is a summary of the internal processes for initiating and tracking change requests (as detailed in a previous section): _ 1. The ChemWare Project Manager completes a Request for Services or Software Change (RSSC) for any services requiring detailed, site -specific specifications and documentation. 2. Jointly, the ChemWare Project Manager and the City's LIMS Project Team Leader evaluate the RSSC for impact on the Project timeline, cost and level of effort to execute the RSSC. 3. The RSSC form is finalized, and either approved or denied, in writing, by the ChemWare Project Manager and the City's LIMS Project Team Leader. 4. All completed RSSC forms are entered into the ChemWare tracking system and assigned a tracking number and owner. The owner is responsible for delivering the resolution to the the City's LIMS Project Team and closing the issue as expeditiously as possible. ,. 5. The ChemWare Project Manager adjusts the Project Plan to reflect the impact of the approved RSSC, if applicable. 6. The ChemWare Project Manager notifies the appropriate ChemWare and City .. resources of any approved or denied RSSCs. WN ATTACHMENT _C_STATEMENT OF WORK.DOC PAGE10 OF 30 REV. 2/2/2010 4.0 Scope of Work 4.1 Approach ChemWare is recommending a Shared Resources approach for this project. With the Shared Resources approach, ChemWare and the customer select representative test methods and workflows for ChemWare to use as configuration models. ChemWare completes the configuration and trains the customer to "clone" these models to analogous methods and workflows. A similar approach is used for configuring clients and projects in the LIMS, for batch rules and templates, and for business rules used in data reduction (e.g., significant figures rules, reporting rules relative to cutoffs or detection limits, etc.). ChemWare configures a representative suite of instrument interfaces and delivers off -the - shelf operations and final reports. The customer uses the same tools and techniques used by ChemWare to expand this effort over the full breadth of instrumentation and deliverables. Advanced automation used to alert users on certain conditions (e.g., sample receiving conditions, batch QC failures, sample result conditions compared to action limits, etc.), to flag/qualify test results and to reflex or reschedule analytical procedures based on test outcomes, can be added by the customer during the final part of the implementation. 4.1.1 Project Tools The primary project management tools to be used in the project are: • Microsoft Outlook 2008 for e-mail communication and meeting/conference scheduling • Microsoft Project 2008 for implementation planning and tracking (Gantt charts) • Microsoft Visio 2008 for process and workflow diagrams • Office 2008 Suite for project report word processing and spreadsheet attachments • The primary testing/troubleshooting/development tools used in the project are: • SQL*Plus • Import/Export • SQL*Loader • SQL*Developer • Toad (Quest Software, Inc.) 4.2 Project Schedule Phase I is comprised of the replacement of legacy system functions, providing no less than current level of automation, full compliance with applicable regulatory requirements and major improvements upon organization's interfacing, data management and reporting capabilities. The second phase of the project adds the advanced automation functionality to the system and integrates any business functions that are not considered "critical" at the outset. With this approach in mind, the project schedule can be outlined as: •. ➢ Project kickoff meeting ATTACHMENT _C_STATEMENT OF W ORK.DOC PAGE11 OF 30 REV. 2/2/2010 ➢ Communication planning for all stakeholders ➢ Completed installation qualification checklists ➢ Project management coordination/Orientation site visit _ ➢ Resource planning, ➢ Assignment of roles and responsibilities ➢ Documentation of Change Management process s ➢ Project plan document and acceptance check -list ➢ System Administrator I Training ➢ System configuration and ongoing stakeholder reviews ➢ Interface planning and development for instruments and systems ➢ Data migration activities (legacy LABWORKS data) ➢ Report development and delivery ➢ User and System Acceptance Test planning ➢ End -user Training ➢ Parallel Testing ➢ Final System Acceptance signoff (90-day warranty period) ➢ Go -Live assistance ➢ Ongoing support subsequent to warrant period 4.3 Project Kickoff This stage involves building a working relationship between the ChemWare and the City's LIMS Project Team members. The laboratory's Team Leader kicks off the project internally with the Project Team to review implementation objectives, timelines and assignment of resources well ahead of the LIMS installation. This Statement of Work document is typically distributed to, and reviewed by, the Project Team. The ChemWare Project Manager conducts a project launch with the the City's LIMS Project Team Leader and/or entire Project Team to review the implementation process and identify next steps. Considerations during the Project Launch phase include: • Review of hardware requirements, procurement, and expected arrival dates • Schedule system installation task(s) • Review the communication plan and detailed project work plan 4.3.1 Formalized Communication Plan The ChemWare Project Manager and the City's LIMS Project Team Leader establish a communication plan that fits the scope of the project. Considerations include: ATTACHMENT_C_STATEMENT OF W ORK.DOC PAGE12 OF 30 REv. 2/2/2010 W • The frequency, forum, and attendees for recurring meetings • Information to be distributed and distribution list • Engagement and periodic oversight by top laboratory management 4.4 Strategic Planning This phase involves significant strategic planning and gathering of details about the laboratory and its workflow. During this time, each team member should identify any gaps between the requirements and HORIZON's initial ("base") configuration. A strategic planning checklist assists the Project Team in the completion of this task. 4.4.1 Orientation Site Visit The Project Manager and the Implementation Specialist travel to review the laboratory operation and the scope of work required. During this phase of the project, the System Administrator and Project Team develop a familiarity with HORIZON's terminology and workflow. The Project Manager, Implementation Specialist, and the City's LIMS Project Team Leader work together to finalize the Implementation Plan and timelines. Sub -tasks include: • Finalize scope of the Implementation Plan • Complete HORIZON LIMS Orientation Training Prerequisite: System Installation is complete. During this time, the System Administrator continues become familiar with HORIZON's initial configuration and core functions. This serves to better understand the baseline provided so that the System Configuration stage can commence as quickly as possible. Should ChemWare find that additional automation enhancements could be provided to optimize the laboratory's operation, based on business rules or work conditions, which are specific to the Centralized Water and Waste Water Laboratory, it will be up to the City's LIMS Project Team to determine if those enhancements are desired or necessary. 4.4.2 Formal Project Plan In this stage of the project, a formal Implementation Plan and Schedule will be developed with the input of the City's LIMS Project Team Leader. Included in the Implementation Plan is a Gantt chart, with a breakdown of project milestones, responsibilities and key deliverables. The Implementation Plan Gantt Chart will include at minimum: the items in Section 4.2, all milestone deliverables, all phases and tasks contained within Section 4 of this document, and all milestone payment items. The schedule will be comprehensive and us demonstrate the shared resources execution of the project. The ChemWare Project Manager will issue a final version of the schedule within one week of the orientation site visit and will maintain and update this schedule for the duration of the project. At minimum, the schedule must be updated and reflect then -current project progress and expectations for each bi-monthly project meeting. ATTACHM ENT_C_STATEMENT OF WORK.DOC PAGE13 OF 30 REV. 2/2/2010 ME Considerations during the Strategic Planning phase include: • Understand HORIZON sample flow • Determine the laboratory's workflow needs • Investigate laboratory procedures • Work with Project Team to develop Acceptance Test Plan Checklist • Create Work Breakdown Structure • Develop Gantt chart 4.5 System Administrator I Training This introductory class explains the function and operation of each online transaction from a user's perspective. The system administrator learns basic HORIZON concepts and how samples flow from start to finish. Demonstration of how the underlying system parameters control HORIZON's operation sheds insight into the system's capabilities. These parameters are configurable by the laboratory. The training shows how the HORIZON Rules Engine maintains these parameters. The System Administrator I class also addresses the correct approach for testing the parameter settings and releasing new settings from the test database into the production database. Worksheets are provided to aid in the information gathering process that yields the data to model the methods and load these parameter values. Upon completion of the class, the attendee is prepared to return to the laboratory and start configuring the LIMS. Since HORIZON is pre - configured with several hundred EPA, ASTM, microbiology and related methods, the initial goal is to retain and modify these particular methods for the laboratory's own use. The System Administrator I Course will be conducted at the City's training facility. The following table summarizes some of the topics included in the System Administrator I course. System Administrator I Description Introductory HORIZON administrator course that outlines procedures for LIMS configuration, maintenance and optimization. 4.6 System Configuration Topics Control table relationships and basics Detection limits, control limits and standards HRM-Actuate Administrator perspective HORIZON Data Management (HDM): End -user perspective Client/Project setup: Configuration assistance Analysis code validation Introduction to database structures This portion of the project is where the business rules, test code definitions, and clients/projects are configured in HORIZON. Data review and approval requirements are defined throughout the system. The LIMS is integrated with external systems and instruments, and both internal operations and final data reports are specified and A7TACHMENT_C_STATEMENT OF WORK.DOC PAGE14 OF 30 REV. 2/2/2010 developed to meet end -user and data consumer needs. Security settings and user security roles and privileges are configured. The system is readied for parallel and acceptance Im testing. 4.6.1 Test Code (Acode) Definitions This task requires careful planning and execution as acodes drive much of the system behavior and function. Naming conventions and laboratory workflow are considerations in acode development. Since HORIZON manages administrative units of work in the same manner as laboratory analyses, these tasks and work processes will be defined as well. Other acode components include: compound lists, detection limits, analysis price (or cost), and exceptions to normal processing (when results don't meet certain criteria). The list of test methods in Attachment H forms the basis of the scope of work with respect to this task. The LIMS Business and Technical Functionality Requirements matrix provides additional workflow and business rules that must also be incorporated in the LIMS configuration. This task includes configuration of the data entry templates for manual tests/procedures (such as wet chemistries), along with any calculations necessary to compute all test results, whether manually or automatically captured via an instrument interface. _ 4.6.2 Batch Rules/Templates HORIZON builds batches, selecting the samples to be placed in a batch based on pre- defined criteria. Batch rule definitions set forth the manner in which samples are selected for the batch, the maximum number of samples in a batch, the type and distribution of QA/QC samples and other organizational relationships. Batches can be built using criteria such as project or sample delivery group, or as cloned batches so the instrumentation no batch is aligned identically to the preparation batch. HORIZON permanently maintains the relationship(s) between QC samples/controls and test samples. The worklist, which is the hardcopy representation of a batch, must be formatted. A download file can optionally be created as the batch is built, so that the tray or run sequence, including demographic data, is sent to the instrument data system. " 4.6.3 Project/Profile Setup More than just client names and addresses, Project and Profile setup includes information on specific contracts, projects, programs, or studies being conducted by the laboratory, including: reporting limits, data quality objectives (QA/QC requirements, down to the analyte level), report recipients, report delivery options, result/report formats and any specific exceptions from standard protocols. Significant input is required from client services and project management staff in order to properly model these project /profiles. Once several are modeled, the clients and their individual profiles and line items can be • quickly cloned and renamed to build out the remaining configuration. 4.6.4 Calculations/Triggers PW Custom calculations (not to be confused with general results calculations from manually or automatically captured test results) and database triggers can be developed to provide for nearly any type of system update or action desired — with no impact to the HORIZON ATTACHMENT C STATEMENT OF WORK.DOC PAGE15OF30 REV. 2/2/2010 w rr source code. Custom action triggers can be set up to fire during key events in LIMS: sample login, results entry, results approval, batch release, sample completion, etc. Calculations may contain logic or advanced math functions to compute or derive new values from the combination of two or more other values (whether or not on the same sample), or to interrogate results or samples for the presence/absence of certain conditions or comparison to criteria. If underlying analytical results are edited, any associated calculation will re -fire to create an updated computed/derived result, under full audit trail. HORIZON is delivered with over one hundred example calculations and triggers. These vary in complexity, but the laboratory's system administrator or Water IT programming .. staff with SQL skills can easily tailor these exposed programs for Laboratory Services Division specific circumstances. 4.7 Ongoing Status Reports 4.7.1 Weekly Status Reports ChemWare will establish a weekly meeting time so that all members of the project team are kept up to date on the latest progress. This meeting time will primarily be used for discussing any issues that have come up, devising solutions to those issues, and assigning the resource(s) necessary to implement the solution. ChemWare will issue a weekly report after each of these meetings, which will summarize the progress, conclusions, and next steps. ChemWare uses a program called Projector to track the overall implementation status and reconcile the associated project costs. 4.7.2 Monthly Management/Financial Reports ChemWare will supply a monthly progress report which will cover progress for the past month and plans/tasks for the future month. In some cases, a table of action items may be included to highlight the responsibilities for the upcoming month. In conjunction with the monthly progress report, a Project Financial Summary will be supplied detailing how much of the purchased software/services have been delivered to date. This report will be delivered to the City by the Project Manager during the monthly and executive progress update meetings. _ 4.8 Data Migration The data migration effort potentially carries significant project risk, the scope of work may involve 5-10 days of labor or it may require 60 days of effort —this will not be •• ascertainable until all of the historical records for migration, in all of their varieties of formats, and the media/application types (hardcopy, Excel, Access, etc.) are presented to ChemWare for inspection. The following approach (outlined in Figures 2 and 3 below) would typically require 1-4 man -weeks of ChemWare effort, and is the approach proposed for this project pending further discussion. Export/extract the data from the legacy LIMS into a separate new LIMS tablespace: The data structures/relationships in the legacy LIMS would be mapped to a new tablespace in the HORIZON database. The legacy samples cannot be queried from within the new LIMS interface; however, the data are available to report writer w AWACHMEN7_C_STATEMENT OF W ORK.DOC PAGE16 OF 30 REV. 2/2/2010 no queries/reports. With most LIMS products, the queries/reports must be developed/customized to attach to the new LIMS database/tablespace as well as the new tablespace created for the legacy data. With HORIZON, customization would be confined to a "wrapper" on the Data Layer, a normalized set of data objects against which all queries/reports are written. An "Historical Report" calls the "wrapper," which establishes whether the sample(s) of interest exist in both tablespaces, and if so, Data Layers from each tablespace are populated and merged into a new Data Layer. The Historical Report displays reportable results and associated demographic data in a common format, on a sample -by -sample basis (i.e., not associated with a workorder/job in LabWorks or HORIZON), regardless of the data source. The Historical Report displays batch IDs associated with the legacy sample data (where available), and can be generated to display QC sample data in the same format as actual field sample data. The batch IDs serve to maintain traceability between the field samples and internal lab QC samples, although the Historical Report will not automatically determine the QC relationships and display the field sample data with their associated QC data in the same report (since the QC "thread" for the legacy LIMS data will be nearly impossible to deduce and maintain in the new tablespace). The remaining suite of off -the -shelf reports and queries would not require modification, and would continue to query the HORIZON Data Layer only. The City could modify these reports to query the "wrapper" instead, if desired. ChemWare would prescribe the format of the legacy LIMS data so that the City could develop a script to extract the data and populate the new tablespace, or manually enter the data if programming skills were not available. no ATTACBMENT_C_STATEMENT OF WORK.DOC PAGE17 OF 30 REV. 2/2/2010 HORMN Data Layer for LabVWorks UMS Lab%%kwks LIMS::_ 4/1/2010 obpataLayerl MW-1 ' MW-1 MW-1 , MW-1 HORRON LIMS: > 4/1/2010 objDataLayeO MW-1 MW-1 Merged Data Layer. > 4/1/2010 c4Datalayer3 MW-1 Historical Reporting MW-1 tblData layer, where_ MW-1 id _ X MW-1 objDataLayer3 MW-1 MW-1 Figure 2: An Historical Report is generated for Sample MW-1. The LabWorks Data Layer code and HORIZON Data Layer code are identical; the report code queries a custom "wrapper" that populates these Data Layers and creates a new (merged) Data Layer when a sample (MW-1 in this case) exists in both the legacy and new LIMS tablespaces. ATTACHMENT-C-STATEMENT OF WORK.DOC PAGE18 OF 30 REV. 2/2/2010 no The individual HORIZON and LabWorks Data Layers are populated, generating unique table IDs with the following methods: declare myHORIZONDataLayer horizon.objDataLayer; myLabWorksDataLayer labworks.objDataLayer; MW begin myHORIZONDataLayer := horizon.objDataLayer('SAMPLE',null, 'to _char(collect_date, ''MM/DD/YYYY '') = " 05/18/2008 ''',null,horizon.objUser('chemware')); myLabWorksDataLayer := labworks.objDataLayer('SAMPLE',null, 'to _char(collect_date, ''MM/DD/YYYY '') = " 06/26/2009''',null,labworks.objUser('chemware')); dbms_output.put_line(' HORIZON table id myHORIZONDataLayer.tblinsert); dbms_output.put_line(' LabWorks table id myLabWorksDataLayer.tblinsert); MW end; The results are then selected using the IDs generated above: select s.lab_sample_id, s.collect_date from tblDataLayer d, table(d.dl.samples) s where d.id = 25 union select s.lab_sample_id, s.collect_date from horizon.tblDataLayer d, table(d.dl.samples) s where d.id = 4 The query returns the combined result set: No LAB SAMPLE_ ID COLLECT —DATE IM Figure 3: The "merged" Data Layer is created from the individual LabWorks and _ HORIZON Data Layers containing "historical" and "new" data, respectively, from samples MW-01, MW-02, and MW-03. ATTACHMENT C STATEMENT OF WORK.DOC PAGE190F30 REv. 2/2/2010 4.9 Instrument and Other Interfaces Before the LIMS can understand the output from the instrument, a physical map must be created so that HORIZON can translate the instrument output and associate the information with the correct LIMS objects. Two different techniques are commonly used based on the capabilities and limitations of the instrument and/or associated data system. Attachment G includes a list of instruments to be interfaced during the implementation and the specific techniques proposed. ChemWare's specification includes an average services cost for our configuration of specified interfaces; some interfaces may require more effort and some less effort, but the extended price is a not -to -exceed amount. Associated interface software licenses are itemized separately. AL HORIZON expects certain types of data to be uploaded through the instrument interface. For example, one technique for validating the uploaded data is for the upload program to check the batch number associated with the instrument run sequence. In some cases, ChemWare may recommend that the instrument output be modified prior to interfacing, if possible, to include these types of data. HORIZON will also be interfaced to the City's pretreatment system. Details of the interface, which may take the form of a LIMS file export, will be defined during initial project activities. 4.9.1 HORIZON Data Management The preferred interfacing technique uses the Waters/NuGenesiso print -to -database and extraction template technology included in the HORIZON Data Management software suite. Instruments with modern (Windows 2000 or higher) operating systems and data systems utilizing Windows -based print drivers (Unix printing solutions are also available), and which generate graphical analytical output in tabular or columnar format, are readily interfaced using this technique. An electronic image of the instrument output is captured and simultaneously extracted into XML; the resulting XML containing the analytical results is processed into the Autopost Pipe by an automated agent running on the LIMS server. Consequently, the analytical results in the LIMS are directly traceable to the instrument's printed output. ChemWare will deliver ten (5) HDM extraction template interfaces and HDM-Vision licenses for up to 15 named users to use the print -to -database SDMS technology (including anyone printing to the SDMS database, or querying/viewing records from the SDMS database, whether through HORIZON's interface or directly through the Waters/NuGenesis SDMS interface). 4.9.2 Labtronics LimsLink® Instruments with irregularly formatted output (e.g., not in columnar/tabular format, headers missing on multi -page outputs, text wrapping, auto -adjusted formats, unpredictable data value lengths or terminations, etc.) or capable of generating only a text file or RS232 data stream, are routinely interfaced using LimsLink. This technique is also used for instruments with older operating systems that can't be upgraded (e.g., because of firmware limitations), and in some cases, for instruments that print test results for the ATTACHMENT_C_STATEMENT OF WORKMOC PAGE20 OF 30 REV. 2/2/2010 no entire run sequence only at the conclusion of the sequence (i.e., not on a sample -by - sample basis). Labtronic's CollectTM is the preferred interfacing technology for capturing readings from any balance or scale equipped with an RS232 port. CollectTM supports bi-directional _ commands and provides a simple to use solution for automation of weighing applications. ChemWare will deliver five (5) LimsLink interfaces utilizing the licenses owned by the laboratory. 4.10 Advanced LIMS Administrator Training Additional training sessions allow LIMS Administrators to enhance their knowledge of HORIZON and extend the core features of the LIMS. Training includes database structures and data definitions, custom action triggers, condition codes, cosmetic report changes, instrument interfacing, and other advanced topics developed of interest for attendees. Advanced LIMS Administrator training will be conducted onsite at the City's training facility. No The following table summarizes some of the topics included in the Advanced System Administrator course. Advanced System Administrator Training Description Topics TAdvanced training in concepts Custom triggers and calculations designed to extend system Database structures functionality using callable Condition codes and facades database procedures and HORIZON's built-in result calculations administrator tools. Financials HDM integration HDM Extraction Template Builder 4.11 Report Development & Delivery The HORIZON Report Manager -Actuate module includes all the Web Portal i functionality, the "reporting engine," and the "report encyclopedia" that contains the off - the -shelf reports developed and distributed by ChemWare with the current release (see A D), as well as any additional reports the City develops on its own. The HORIZON Web i Portal, included with the Report Manager -Actuate module, includes a "single sign -on" security layer that bypasses the native Actuate Portal logon process. The HORIZON Web _ Portal will reside in the City's network DMZ and access authentication credentials through an encrypted web service that communicates with HORIZON's database. There is no direct connection to the database, which resides inside the City's firewall. The MW LIMS user can launch reports by submitting a job in HORIZON without being prompted again by the Actuate logon. no ATTACHMENT C STATEMENT OF WORK.DOC PAGE210F30 REV. 2/2/2010 The scope of work for this project is based on delivering the custom reports described in Attachment I, as well as training the City's staff to perform customization to the off -the - shelf reports and to create new reports as required. Out -of -scope report customization can be covered with ChemWare under a RSSC. This task assumes the City will be reasonably flexible in its report design requirements unless the report (such as the DMR) must conform to a regulatory -required format. In other words, ChemWare will have reports that address the information needs described •• by the samples provided with the RFP, and assumes that it is not the City's intent that these reports be reengineered just so they look identical to its legacy reports. ChemWare has also included a budget to provide up to 10 days of report and EDD configuration services, to be applied at the City's discretion toward any modifications the City wishes to make to the reports in this suite. -} 4.12 Advanced Report Writer Training This course is intended for system administrators and/or power users with a basic _ familiarity of Visual Basic° and/or other report writing and data querying tools, such as Microsoft Access® or Crystal Reports®. Additionally, attendees are expected to have participated in the prerequisite System Administrator Training courses and have a working understanding of the database schema. This course also focuses on the Web Portal architecture and administration, as well as the various strategies for deploying and managing an enterprise reporting solution. The following table summarizes some of the topics included in the Advanced Report Writer training course. HORIZON Report Manager -Actuate Description Topics i Advanced report writer training Actuate overview for system administrators and Report design power users that want to create Creating SQL queries their own Actuate reports or customize those provided by Building information objects ChemWare. Using HORIZON stored procedures Administering the report server Advanced HORIZON reports 4.13 End User Training Hands-on training is given to end -users to facilitate their transition to HORIZON. Specific work tasks are explained and demonstrated so that the learning curve for system users is minimized and made as smooth as possible. End -user training is designed to give users an in-depth understanding of the activities HORIZON has been configured to perform. Each End -User Training session is configured to meet the specific needs for each of the customer's functional groups (i.e. Login, Analysts, Project Managers). ■ w ATTACHMENT_C_STATEMENT OF WORK.DOC PAGE22 OF 30 REv. 2/2/2010 ChemWare will conduct end -user training in two separate onsite sessions. The first course will occur shortly before cutover and will prepare end -users for the cutover into production. The second course will occur approximately 30-90 days after cutover and will provide end -users with an opportunity to review the system and pose questions with the benefit of having had "time in the seat". The following table summarizes some of the topics included in the End User training course. End -User Training Description Topics Training designed to transfer Practical HDM applications understanding of HORIZON Web Portal: Report generation and distribution functionality and specific Sample login workflow processes to laboratory end -users. Batching _ Laboratory end -users learn how Posting to use HORIZON in the context Data review and batch release of their daily job functions. Client services and invoicing 4.14 Parallel and Acceptance Testing This is the final testing and debugging of the system prior to its release as a live and on- going application. The parallel testing and validation assistance to be provided by _ ChemWare is to include an Installation Qualification checklist (also see Section 6.1) and test code validation scripts to assist the laboratory in testing and documenting the validation of the system. ChemWare will also be a resource for system and _ implementation questions pertaining to the system at its initial "go -live," assisting in side -by -side comparison of results produced by the legacy and HORIZON systems. The Project Manager or Implementation Specialist will be onsite at the laboratory for 5- days during this phase. Acceptance testing concludes upon completion of the Acceptance Test Plan (ATP) checklist prepared and approved by the City. This process usually uncovers any issues in the operation or usability of the configured HORIZON system. Section 6 provides details of the testing and acceptance process. 4.15 Go -Live Following sign -off of the ATP and completion of parallel testing and validation, the system is put into either partial or full production. In partial production mode, either a single project can be logged through the system, or multiple projects can be logged through only a limited battery of tests within a single department. The specific strategy may be determined at any point in the project. The Project Manager or Implementation Specialist will be onsite at the laboratory to provide system cutover assistance for 4- days during this phase. .t ATTACRMENT_C_STATEMENT OF WORK.DOC PAGE23 OF 30 REV. 2/2/2010 so so As an additional element of Task 4.15, ChemWare will provide one week of on -site assistance and support during the City's 2010 Annual NELAP Audit (anticipated during the April to August timeframe). ChemWare has committed to the assignment of Mr. Bob Whitehead for this project task. Prior to his participation in the project, Mr. Whitehead will be briefed on the City's use and implementation of the LIMS by the ChemWare a Project Manager. 4.16 Ongoing Support Once the initial implementation is completed, most questions that arise tend to be routine support issues, which are coordinated directly with ChemWare's Help Desk. Access to the Help Desk remains available indefinitely as long as your Software Maintenance Agreement is extended from year to year. Of course, your Project Administrator remains available following the implementation. If strategic questions arise, or you wish to implement a second phase of HORIZON, your Project Administrator is available for consultation. During the warranty period, and as long as the City continues to renew its annual i, maintenance agreement, City will receive software updates, unlimited telephone, fax and e-mail support, and remote dial -up or web -based troubleshooting and diagnostics. i r ii r , ATFACAMENT_C_STATEMENT OF W ORK.DOC PAGE24 OF 30 REV. 2/2/2010 5.0 Other Deliverables This section describes the "tangible" deliverables — off -the -shelf software that ChemWare has committed to provide as part of the scope of work. Unless specified otherwise, all software products sold by ChemWare are provided with a one-year warranty from date of software installation. 5.1 LIMS Software HORIZON Central is the core LIMS license, providing required features and capabilities. The terms and conditions of licensing are described in the final contract. 5.2 Intergrated Third Party Software HORIZON LIMS is just one component of an enterprise -wide laboratory automation solution. HORIZON is integrated with Scientific Data Management System (SDMS) software, Business Intelligence (BI) software, and various data capture and integration _ components. The HORIZON Report Manager -Actuate licenses are "application specific." Actuate is used to generate reports from HORIZON and manage report distribution through the integrated HORIZON Web Portal. HRM-Actuate includes the end -user report writer license, an ad hoc query/reporting wizard (Actuate Query) for each end -user and one license each of the ERDPro and ERD report development/administration tools (for advanced and intermediate users, respectively), for each processor license of Actuate. A processor -based (unlimited end -user) license is required to make the LIMS reports available to external laboratory customers via the HORIZON Web Portal. In addition to the Oracle RDBMS (see 5.3 below), the Oracle Forms Services application server software is integrated with HORIZON LIMS to provide the thin -client interface. 5.3 Database The Oracle database and Oracle Forms licenses required to use the HORIZON application are included in the cost proposal. Users will contact ChemWare directly for all application related support and database - related support. It is highly advisable to have ChemWare provide assistance with on -site installations of major new software versions (e.g., whole number releases: v9.0, v10.0, etc.) and new technologies the City may adopt in the future. 5.4 Hardware TBD — Chem Ware and the City to review hardware requirements. ATTACHMENT_C_STATEM ENT OF WORK.DOC PACE25 OF 30 REV. 2/2/2010 6.0 Acceptance of Work s The following criteria will be used to determine final acceptance of the implemented HORIZON business solution and will initiate the project closure process at ChemWare: 1. All Deliverables (as defined in the final contract) including documentation, software and services have been provided to, and accepted by, the City in accordance with the provisions of the final contract and its exhibits/attachments. 2. All Requests for Software or Service Change (RSSCs) generated during the course of the implementation project are closed to the satisfaction of the ChemWare Project Administrator and the City's LIMS Team Leader. 3. All invoices related to this project have been submitted and approved for payment. The following sections describe the specific phases and components of the software testing and acceptance process: 6.1 Installation Qualification Checklist When the software is physically installed at the City, an Installation Qualification (IQ) checklist is used to demonstrate that all components have been properly installed and are functioning as expected. The designated City representative and ChemWare's Project Manager will each sign off on the IQ (acceptance certificate) to document acceptable completion of this Deliverable, marking the "Acceptance Date" of the software. 6.2 Acceptance Test Plan The planning phase of the project includes the review and approval of the Acceptance Test Plan Checklist (ATP). Each applicable Deliverable is itemized in the ATP, with a summary of the acceptance criteria. As each Deliverable is delivered and accepted, the City's LIMS Project Team Leader signs and dates the respective signature block in the ■ ATP. Any changes to the ATP will be made using the appropriate document management and change control procedures, as described in this Statement of Work. The ATP will be fully executed for each Deliverable prior to Final Acceptance Testing. r 6.3 Acceptance Test Issues and Resolution For each Deliverable provided by ChemWare, testing and acceptance under the ATP shall commence on the work day following the day the Deliverable was provided to the City and the City notified it is ready to undergo evaluation and acceptance testing. The r City shall complete the ATP within ten (10) workdays of this notification date. Should the City not complete the ATP or not report any material defects in the Deliverable within this timeframe, the Deliverable shall be deemed Accepted by the City. This timeframe may be adjusted due to extenuating circumstances and upon mutual agreement by the Team Leads from both parties. Should a material defect be identified and reported (as described below) to ChemWare, ChemWare shall have ten (10) workdays to correct the defect and provide the City with the corrected Deliverable. The City shall complete ATP testing within the following ten (10) workdays and testing and acceptance shall resume in the same manner as above. ATTACHMENT C STATEMENT OF WORK.DOC PAGE26 OF 30 REv. 2/2/2010 ChemWare will provide an Acceptance Test Issue Log and an Acceptance Test Issue Form to document any problems or issues experienced during the acceptance test, along with pertinent information about the subsequent investigation and resolution. These issues will then be entered into ChemWare's software support tracking system and assigned TSR and/or SCR tracking numbers, as applicable. When all issues are resolved to the satisfaction of the City's LIMS Team Leader and ChemWare's Project Manager, they will both sign the Final Approval section of the ATP to document the completion and acceptance of each Deliverable. Depending on specific City's billing requirements, the ATP may be included with ChemWare's invoice so that City's accounting staff and other Project Team members know the disposition of each Deliverable prior to payment approval. 6.4 Final Acceptance Testing Final Acceptance Testing (FAT) will be conducted over a mutually agreed upon period following acceptance of the final Deliverable and prior to cutover (the RFP suggested a 90 day period). During this period the software and any ChemWare-provided or modified infrastructure components must meet or exceed all functional and performance requirements identified in the final contract, with no material defects in the software. During this FAT period, it is expected that adjustments will be necessary to various system configuration settings (e.g., minor modifications to calculations, reports, workflow, interfaces, etc.) as the system is fine-tuned prior to cutover. These types of adjustments and modifications are not considered material defects in the software, but part of the expected iterative process of exercising the system. Should the City not complete the FAT or not report any material defects in the software within this timeframe, the System shall be deemed Accepted by the City. This timeframe may be adjusted due to extenuating circumstances and upon mutual agreement by the Team Leads from both parties. Should a material defect be identified and reported to ChemWare (as described in 6.3 above), ChemWare shall have thirty (30) days to correct the defect and provide the City with the corrected Deliverable. The City shall complete the FAT testing within the agreed upon period following delivery of all such corrected Deliverables, and testing and acceptance shall resume in the same manner as above. Upon completion and sign -off of the FAT, any final payments or holdbacks will be released to ChemWare. The system will continue to be supported under the warranty terms. 6.5 Software Maintenance, Year 2 and Beyond At the conclusion of the first year warranty period, "Year 2" maintenance begins. The obligations of both parties are described in the final contract, which automatically renews on the same anniversary date each year thereafter, unless terminated by either party. The final contract also describes how much advance notice is required if there is going to be a change to the maintenance fee. Beginning in January 2009, the standard annual maintenance fee is calculated at 18% of the cost of the HORIZON -related software licenses purchased through ChemWare (HC and HO line items on the product schedule). Once the initial implementation is completed, most questions that arise tend to be routine support issues, which are coordinated directly with ChemWare's Help Desk. Access to ATTACHMENT C STATEMENT OF WORKMOC PAGE27 OF 30 REv. 2/2/2010 the Help Desk remains available indefinitely as long as your Software Maintenance Agreement is extended from year to year. Of course, your Project Administrator remains available following the implementation. If strategic questions arise, or you wish to implement a second phase of HORIZON, your Project Administrator is available for consultation. During the warranty period, and as long as the City continues to renew its annual maintenance agreement, City will receive software updates, unlimited telephone, fax and e-mail support, and remote dial -up or web -based troubleshooting and diagnostics. 6.5.1 Help Desk Support ChemWare's Help Desk is staffed between the regular business hours of 7:00 a.m. and 5:00 p.m. Central time, Monday through Friday, excluding standard U.S. Holidays. ChemWare supports all of its customers, from as far west as Anchorage to as far east as Seoul, Korea, from its headquarters in Raleigh, NC. Other than routine installation, configuration assistance and training visits, customers very rarely require on -site vendor services to fully deploy and maintain HORIZON. ChemWare support is available at support@chemware.com or at our business number (919-855-8716, option 1). All support issues are logged into ChemWare's PVCS Tracker system and remain open until resolved. 6.5.2 Emergency Support Services 24x7x365 emergency pager/cell phone support is available to customers operating mission -critical laboratories. Because HORIZON's platform is time -tested and remarkably stable, the incidence of mission -critical requests is extremely low; emergency �. support has been requested only five times in the past eight years. The emergency support line is manned outside regular ChemWare support hours only: 6pm EST - gam EST on weeknights and 24hr coverage on weekends and holidays. Any emergencies during normal business hours are handled through our production emergency support line and are covered under the existing ChemWare maintenance agreement. 6.5.3 Remote Access Support Remote support is accomplished via the online Conference Room at www.chemware.com, using GoToMeeting web conferencing services. There is no additional charge for ChemWare to perform covered services via the Web. ATTACHMENT_C_STATEMENT OF W ORK.DOC PAGE28 OF 30 REV. 2/2/2010 ATTACHMENT C-STATEMENT OF WORK 7.0 Understandings 1. All required hardware is (or will be) in place on the network and meets minimum specifications as published on ChemWare's web site or provided to the City prior to software installation. 2. Project timeline and costs are based on assumptions about resource utilization for each of the project team members (see Section 3.2 for additional discussion), as ,. well as the qualifications of City team members. Many of the implementation tasks will require input and participation from the City team. If resource utilization is lower than expected, or there is staff turnover during the course of the implementation, the timing and overall cost of the project may be adversely impacted. 3. Scope of work and resources were estimated without the availability of a detailed list of test methods and matrices (see Attachment H ). ChemWare personnel estimated the level of effort based on past experience with comparably -sized water quality/waste water laboratories. 4. ChemWare is specifically including only the products and services described in the Product Schedule in the final contract. The following is a summary of the products and services specifically not included. The intent of this section is to avoid any confusion about which products and services ChemWare has assumed are the City's responsibility: a. Barcode Peripherals: Barcode wands, readers, label printers, label stock and related equipment and supplies are not, at this time, included. b. Desktop/Workstation Software and Hardware: Not included are the PCs, PC operating system software licenses, Microsoft Office products (such as Excel® and Word®), Adobe products, and related desktop application software that may or may not be used in conjunction with HORIZON LIMS and other integrated ChemWare third party software solutions. All such hardware and software is expected to be in place prior to project startup, unless ChemWare is instructed otherwise. c. Fax/Modem Hardware: Not included is any fax/modem hardware the laboratory wishes to use in conjunction with the integrated HORIZON Autofaxing (Faxman) module. This hardware, if not already available, is readily available and inexpensive. d. Third -Party Billing and Accounting System Software: Not included are the functions normally reserved for third -party billing systems, such as the handling of Medicare/Medicaid reporting, verification of insurance coverage, etc., and full accounting system functions such as payroll, accounts/payable, aged receivables reports, payment/revenue recognition, taxes, income statements, etc. HORIZON handles the creation, editing and transmission (to the City's accounting system) of charges, credits and demographics associated with testing and fees generated by the laboratory. EM ATTACHMENT _C_STATEMENT OF WORK.DOC PACE29 OF 30 REv. 2/2/2010 ATTACHMENT C-STATEMENT OF WORK e. High Speed Scanner, Adobe Software: Not included are any scanner/copiers or associated software, including but not limited to Adobe that might be used by the laboratory to scan-to-PDF any documents received in hardcopy form by the laboratory. f. Instrument Cabling, Network Interface Cards and Related Infrastructure: ChemWare assumes the City's instruments are on the network and "communication -ready" with respect to LIMS. g. Additional Licensing for Additional Processors, Users, or Other Incremental Metrics: Depending on the software licensing metric, if additional users (for named user licenses), servers (for site- or server - based licenses), devices (for device- or instrument -based licenses) or processors (for processor -based licenses) are needed in the future, additional licenses are available from ChemWare. - h. Additional Students for Training: If additional students require training, additional training fees may apply. i. Unlimited Report Customization: ChemWare has included a budget to provide report development/customization services, if desired by the City. This budget may be increased or decreased depending on the _ extent to which the City desires ChemWare to be involved. j. Custom Data Entry Spreadsheets, Triggers, and Other Unspecified User -Configurable Items: The City may elect to use custom Excel spreadsheets for manual data capture (examples are provided with the delivered system), custom action triggers for results flagging, validation and automated alerts (such as emails to project managers or supervisors), and numerous other advanced programmatic techniques for interacting with HORIZON'S API. k. Field Data Collection: ChemWare offers an optional application for automatically capturing field data on ruggedized notebook PCs or tablet PCs. The application includes an embedded RS232 scripting program that interfaces the FDC spreadsheet to field instruments for capturing RS232 data via the serial port. no ATTACHMENT C STATEMENT OF WORK.DOC PAGE30 OF 30 REv. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS test (Senior/QC). J-3 Describe the LIMS ability to allow for validation/approval by a number of filter criteria (e.g., analyst, test, location, batch, etc.). J-4 Should a sample have items in multiple batches, all batches shall be validated before the samples status becomes "Reportable" (or similar status). Please describe the LIMS ability to meet this requirement. J-5 Describe the LIMS ability to create test replicates without deletion of invalid tests. DESCRIPTION method to method if desired. The primary method for approving samples is by QC batch (e.g., "prep" batch and "analytical" batch). A QC batch is typically associated with a given user processed on a given date, for a given test (or set of tests), and the sample containers are typically transferred and stored together throughout different areas of the laboratory (and/or a walk-in cooler). Eligible samples can be queried by any of the parameters listed below and batched together for review/approval. The completion of the review step will move the samples along to the next step in the overall work process. A "review batch" could contain many analytical batches, for example, and an analytical batch could contain samples from many individual preparation batches -- so a "batch" need not be a group of samples that follow the workflow from start to finish through the entire laboratory. Users don't query samples or batches to determine what needs to be reviewed -- the Backlog contains a prioritized list of batches eligible for that particular user's review process, and the user simply clicks on the highest priority review batches and then approves all the samples in the batch with a single click OR indicates which of the samples are unacceptable or require qualification on an "exception" basis. This is standard functionality in HORIZON. Typically the completion of a final PM level review indicates that a sample is ready for reporting. This is standard functionality in HORIZON. Attachment_D Statement of Work Matrix.doc Page 34 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS J-6 Describe the LIMS notification process for those samples that are awaiting approval. J-7 Describe the LIMS ability to flag results that are questionable by control charts even if results are valid and pass QA/QC. J-8 Describe the ability for an analyst to flag results in the LIMS that are questionable even if results are valid and pass QA/QC. J-9 Describe the LIMS ability to provide validation criteria information related to location (i.e., ability to establish location -specific limits). J-10 Elaborate appropriately and succinctly any Data Validation and Approval considerations not called out in this section that are deemed important differentiators or essential functionality. DESCRIPTION Samples awaiting approval flow into the data reviewer's online Backlog. At any time the data reviewer can query the backlog or run a report to see samples awaiting review. An active alert such as an email can be triggered if necessary, but this is typically not recommended because all the information the user needs is right there in HORIZON -- no need to have them looking in their email inbox as well. Data flagging rules in the HORIZON Statistical Analysis module are user configurable. HSA may show that a trend is occurring for samples, that while they may pass QA/QC, it is worth noting on the sample and/or report. See above. HORIZON can store project, client, location or workorder specific limits or exceedances. HORIZON provides a major advantage for analytical data reviewers, supervisors and QA reviewers who wish to see all the analytical data and associated project documentation in one place, at their fingertips, during their review. Many such HORIZON users have widescreen monitors and bring up the documentation (including instrument raw data) alongside the screens in HORIZON that show the reportable results as fully calculated and reduced and the final report itself. This type of validation eliminates the need for reviewers to search for associated data within hardcopy files and raw data reports. HORIZON will logically query all these records for you. Attachment_D Statement of Work Matrix.doc Page 35 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT DESCRIPTION AND Included NUMBERING PROPOSED LIMS K Laboratory Management and Standards K-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. K-2 Describe the LIMS ability to provide online inventory of HORIZON provides an online Standards/Reagents/Media chemicals, reagent inventories, and supplies and the ability log for tracking stock and secondary (working) standards, to record expiration dates. Please describe the method and the volumes and expiration dates for media, reagents used to add inventory to the system, as well as whether or and controls, with full traceability to all raw material not the system has the ability to automatically decrement components. There is a standard off -the -shelf report that inventory based on sample runs. shows all materials and their QC/certification results and expiration dates. End -users can also track all laboratory consumables, including detailed vendor information and reorder points using HORIZON's inventory management module. The inventory overview screens allow users to gain quick insight into current stock amounts and record bulk inventory reconciliation when the current in stock values are incorrect. HORIZON's inventory control also provides the ability to create, approve and track current supply orders, including kits/coolers, forms, media or other supplies originated by the laboratory and distributed to collectors or customers. A standard Inventory Reconciliation report and a worksheet for manual reconciliation have also been added. K-3 Describe the LIMS ability to track preventive and standard Instruments can be taken "off-line" in HORIZON when maintenance on instruments and alert staff when they are undergoing service or out of calibration. Most of maintenance is required. our users prefer to track the maintenance records in an Excel spreadsheet or a separate PC -based application. K-4 Describe the LIMS ability to maintain document Any documents can be stored in the SDMS and retrieved attachments for items such as, but not limited to, based on the specific target item of interest i.e. you can procedures, safety information, project information/project search on project information documents from the Client plans, QA plans, resource planning, monitoring schedules, Setup screen. Attachment D_Statement of Work Matrix.doc Page 36 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS AND NUMBERING etc. K-5 Describe the LIMS ability to provide work assignment features for planning and scheduling the laboratory's workload. These features shall take into account: K-5a Sample priority K-5b Maximum valid holding time K-5c Sample age K-5d Due date K-6 Describe the LIMS ability to track certifications and training including renewal criteria/dates. K-7 Describe the ability of the LIMS to track Lab Accreditation and Certification records such as proficiency testing results, safety training certifications, and approval NOT DESCRIPTION Included PROPOSED LIMS The online Backlog window or the standard backlog report will give authorized users an overview of the workload in each department. Example workload reports are provided with the delivered system, and are customizable using the tools provided. The Management Dashboard will show supervisors/managers immediately when holding times or similar high priority events are in jeopardy, so actions can be taken immediately and without searching for data, running special reports, or scanning your email inbox for special alerts that have been emailed to you. HORIZON tracks each user's "certification" status -- what procedures they are certified on and when they expire. If an analyst fails to participate in a training program, for example, the supervisor could simply go into the User Edit transaction and decertify him/her on the appropriate procedures. Certification documentation can also be printed into the SDMS and attached to the user. Proficiency/performance evaluation (PE) samples can be treated essentially the same as any other field sample, except that they can be logged into the LIMS as double blind QCs (e.g., lab staff would not know they were PEs), Attachment D_Statement of Work Matrix.doc Page 37 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX (Refer to and modify the separate "Requirements Matrix" file) The City recommends that the requested descriptions and appropriate elaboration of the Requirements Matrix be completed before completing the balance of the RFP response, and that where other sections of the RFP duplicate information already contained in the Matrix, the Proposer should simply reference the Matrix location for that information. SECTION CATEGORY LIMS REQUIREMENTS NOT DESCRIPTION AND Included NUMBERING PROPOSED LIMS B System Infrastructure The proposing vendor is expected to provide all necessary information regarding hardware, software, and database licensing subject to this section: B-I GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. B-2 The system must operate in the Microsoft (MS) Windows Server 2008 environment. While we believe the system will operate in a Windows 2008 environment, it will not be formally certified in that environment until our next major release. Our release schedule is driven by our customers and third -party vendors. Many of our customers operate in GMP/validated environments and do not wish to take the latest operating system or database upgrades when they hit the market, because of the magnitude of the validation effort and the likelihood that these versions will require Attachment_D_Statement of Work Matrix.doc Page t of 66 Rev. 2/2/20 ] 0 a ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS AND NUMBERING B-3 Provide a server specification including space requirements. Note: the vendor is required to provide a quote for hardware in Cost Proposal 1 - System Cost. B-4 The City prefers MS SQL Server database platform. Please specify the preferred database (including versions), and explain the rationale of the database choice. NOT DESCRIPTION Included PROPOSED LIMS 1-3 years to fully stabilize. Since its first release in 1991, HORIZON has always been an Oracle -based application. Many of the institutions and governments that use HORIZON are operating in mixed computing environments (i.e., Oracle, Microsoft, and Sun). At the very core of HORIZON's design was the fundamental principle that the LIMS administrator(s) would use HORIZON's installation scripts and built-in tools when interacting with, or configuring, the database or interface. Consequently, the database platform itself is of little significance to our typical customer, although that is rarely the case for other LIMS products on the market. Because of this unique engineering approach, ChemWare was certified by Oracle to sell and support a special "embedded" license type normally reserved for handheld devices such as PDAs and smart phones, and indeed, the Oracle database itself is bundled with the HORIZON Central core LIMS module for that reason. As LIMS vendors were driven to develop "web -based" applications, many of them reengineered their products with entirely new front-end technologies (e.g., .NET) or provided "thin client" access through remote connection middleware (e.g., Citrix Metaframe/WinFrame/XenApp). ChemWare, on the other hand, simply moved the interface from Oracle Forms 6i to Forms 10g, using Oracle's migration pathway. What this means is that our product has the benefit of the full 19 years it has been used in environmental laboratories, even though the architecture Attachment D Statement of Work Matrix.doc Page 2 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS B-5 Describe any experience utilizing server virtualization with the proposed LIMS. Include any problems encountered. B-6 Indicate where event triggering and transaction processing take place (e.g., database level, middleware, etc.). B-7 Specify the proposed LIMS architecture configuration by description and drawing (e.g., n-tier client -server, thin- client/web-enabled). No formal requirement is set forth in terms of architecture as long as it best meets the needs of the City. B-8 Provide high-level details on the architecture of the proposed configuration, including the availability of API's, web services, and similar open architectures enabling expansion, custom reporting, and interfacing to the LIMS (such description should include a listing and discussion of available web services). DESCRIPTION itself was a relatively dramatic change (moving from client/server to thin client in 2007). The products and versions in this "Oracle IOg" architecture are identical to those used in tens of thousands of deployments around the globe, so reliability, performance, scalability, and maintainability are time -tested and well documented. Triggering and transaction processing take place at the database level. Application -specific triggers ("custom action triggers," not database triggers) are independent of the database itself, and implemented at the business logic layer. Any custom action trigger you developed, for example, would not be impacted by a database upgrade provided by ChemWare. The workflow, test code definitions and other business logic components are also implemented in the application (middle) tier, independent of both the user interface and the database. HORIZON is an n-tier/thin client application and can be deployed in a variety of configurations for optimum scalability, performance, and maintainability. Please see Appendix iii for a graphical representation of the architecture of the application and a web services architecture diagram. There are virtually unlimited opportunities to extend the functionality of HORIZON by taking advantage of the API "hooks" provided throughout the application and fully documented. These "points of entry" allow the user Attachment_D Statement of Work Matrix.doc Page 3 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS AND NUMBERING B-9 The system must be compatible with MS Exchange Server 2007 (for sending automated alerts, etc.) and use SMTP service. The City will not allow use of POP3 or IMAP services. NOT DESCRIPTION Included PROPOSED LIMS to create triggers, calculations, and similar custom logic to apply site -specific criteria and actions that are too esoteric to pertain to the general water quality user community. More than one hundred such example extensions are delivered with the system. None of this customization involves or affects the core LIMS source code. Callable stored procedures are also fully documented, and many of our customers write their own applications and call these procedures so there is no need to duplicate or understand any of the functionality relating to HORIZON's login, scheduling, data reduction, or invoicing code, for example. Web services are fully supported by HORIZON LIMS® and its associated Web Portal module. SOA is fully leveraged in the implementation of "CwAdmin," which hosts all of the web services developed by ChemWare and provides the integration between the Web Portal and the HORIZON LIMS database. The Web Portal is a ChemWare-developed, Java -based interface for the Actuate iServer® platform, and serves as the web -based data access point for the laboratory's internal and external data consumers (via reports and queries). All Web Portal dynamic data and report content are delivered through calls to various web services contained in CwAdmin. The web services that fuel the reporting content reside on the Actuate iServer; the iServer also provides the encyclopedia of report files. Standard LIMS Functionality Attachment_D_Statement of Work Matrix.doc Page 4 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY AND NUMBERING LIMS REQUIREMENTS B-10 The minimum desktop/laptop/tablet configurations supported by the City are: desktop/laptop/tablet workstations with 1 GB memory minimum, 75GB HD minimum, and standard peripheral support through USB, 10/100 TIC, and CD/DVD, running Windows XP Professional SP2. Please confirm that these configurations are acceptable along with the intent to support future versions of Windows while maintaining backward compatibility. B-11 Describe any experience or problems encountered with incompatible hardware, operating systems (specifically MS Vista), server configurations, Microsoft Office 2003 or 2007 or similar issues of which the City should be aware regarding the related infrastructure. B-12 Describe the software products and/or tools utilized in development of the LIMS. B-13 Describe the ability of the system to allow for active directory integration. NOT DESCRIPTION Included PROPOSED LIMS Yes, these configurations are acceptable. HORIZON utilizes a browser -based user interface, so the only requirement that must be maintained to use the application is the ability to run Microsoft Internet Explorer v6.0 or greater. ChemWare's policy is to maintain support and certification for Windows -based operating systems at least as long as they are officially supported by Microsoft. ChemWare will work with the City to recommend and size server configurations prior to software installation. We have included suggested server specifications in Appendix iii to the proposal. HORIZON's development environment is PL/SQL (stored procedures, Oracle Forms), and Java (Web Portal). HORIZON uses a common package (PL/SQL) to validate the HORIZON logon and password against the user configuration tables. This package can be replaced with a lookup into Active Directory using DBMS _LDAP routines. When a user launches the HORIZON application, instead of prompting for logon and password, the package collects the Windows login credentials and compares those against the HORIZON user configuration tables to authenticate the user and launch the application. While the ability certainly exists, turnkey integration could be included in our proposal if further specifications were provided during negotiations. Attachment D_Statement of Work Matdx.doc Page 5 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS B-14 Elaborate appropriately and succinctly any System Infrastructure considerations not called out in this section that are deemed important differentiators or essential functionality. C General System C-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. C-2 Provide an overview, introduction, and history of the proposed LIMS as it pertains to general system usage, differentiating features, and other relevant details. C-3 The intended system must be a commercial -off -the -shelf (COTS) system; supply the following information: DESCRIPTION HORIZON LIMS is a Commercial Off -The -Shelf (COTS) software system with a proven track record in meeting the complex and varied requirements of thousands of users. Most HORIZON LIMS users are operating laboratories very similar to the City — two thirds of the installed base is comprised of full service environmental laboratories (both government and private labs), arguably the most complex of all laboratories in terms of data processing, reduction and reporting requirements. HORIZON is a Commercial off -the -shelf system. Unlike other systems our end -users are not customizing the system but rather configuring the system to meets the individual laboratory's unique requirements. This approach greatly reduces the overall implementation time and supportability of the product without compromising the flexibility and configurability of the system. HORIZON is not just a LIMS. ChemWare's solution includes a fully integrated SDMS for image records management and instrument neutral interfacing and a Web Portal for report distribution and ad -hoc data queries against the LIMS database. Attachment_D_Statement of Work Matrix.doc Page 6 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS C-3a Number of installations following a versioning path C-3b Other information indicating a mature COTS system C-4 Describe the system development plan and/or commitments to future releases, including a description of known feature, function, and/or architecture enhancements. C-5 Describe the upgrade plan (i.e., Are upgrades required to maintain support? What notice is given and what upgrade paths are offered when a version approaches retirement? When is a version no longer supported, etc?). Also include the method of communication to inform the client an upgrade has been sent. Due to the large size of the City, upgrades sent via mail sometimes were not discovered for DESCRIPTION ChemWare has over 100 discreet installations following a versioning path. To our knowledge, all of these installations can move forward to the current product release if they are not already on it. The first release of HORIZON was in 1991 -- the current version of HORIZON is 00.1. All of ChemWare's customers utilize the same source code. This is critical to our business model as all of our users are able to take new releases and enhancements at any time without retrofitting site -specific configurations or business rules. ChemWare utilizes formal software development lifecycle (SDLC) procedures based on industry best practices and years of experience catering to the specific demands of HORIZON end users and information technology professionals. ChemWare's development plan is in many cases driven by customer feedback. At the ChemWare User Group Meeting in Chicago we held formal product and process improvement round tables. One specific enhancement that is currently in development is the redesign of the HORIZON Field Data Collection module from an Excel -based application to a Java application. The redesign is being driven by the increasingly sophisticated needs of our Water Quality customers, and includes specific features for route management and oceanographic study data capture. ChemWare averages one new version release every twelve months. Major upgrades (new version numbers) are distributed on CD. The CDs include detailed release notes (a full release history is also available to customers from the LIMS Resource Center), installation instructions, and automated InstallShield® scripts. ChemWare encourages all of its customers to stay current on either the latest release or one major release back and Attachment D_Statement of Work Matrix.doc Page 7 of 66 Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING ATTACHMENT D - REQUIREMENTS MATRIX LIMS REQUIREMENTS some time. Describe the user interface, focusing on such items as the menu structure, screen layout, etc. C-7 Describe the LIMS sample tracking ability beginning with the sample request and tracking the sample through log -in, analysis, quality assurance, review and approval. C-8 Please provide a hierarchical diagram of the parent/child relationships for core product terminology (e.g., tests comprise samples, samples comprise specifications, etc.). NOT DESCRIPTION Included PROPOSED LIMS provides full support for two major releases prior to the current release. No core HORIZON technology has ever been obsolesced by either ChemWare or a third -party provider, without a natural migration/upgrade path being provided. Further, all HORIZON source code is escrowed and all customers with active Software Maintenance Agreements are beneficiaries to the escrow agreement ChemWare has with Business Records Management, an independent software escrow company. Within HORIZON the user's unique logon IDs and passwords map the user to a "user class," which controls database access, paints the menus with the appropriate set of menu items, and provides update or read-only access to Oracle tables and columns specific to the user class. Additional hyperlinked images throughout the matrix illustrate the variety of screens throughout the application. Please see the Project Understanding section of the proposal for details and screenshots of a sample as it moves through the laboratory. Any task — administrative or analytical — can be automatically scheduled and tracked through the laboratory. Users do not "push" work from one area or task to the next; HORIZON "pulls" the samples through to review/approval/reporting as work becomes eligible for processing in each section along the process chain. For this reason, users do not query HORIZON for eligible work, and users typically do not initiate reporting — HORIZON automates and manages all of this for you. In HORIZON, a "Profile" is created (under the "Client" top level in the Client Setup hierarchy), and this is generally associated with a specific submitter, contract, program or ongoing project. This Profile is akin to a Attachment D Statement of Work Matrix.doc Page 8 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT DESCRIPTION AND Included NUMBERING PROPOSED LIMS "login template" in many LIMS, but can contain far more information and drive far more automation. The user (login, client services, or PM staff in many cases) sets up any number of Profiles for each Client, and each Profile generally has its own set of billing properties and report recipient/responsible party information. When a sample arrives at the laboratory it is ordered against a specific profile to expedite the login process. The sample inherits any profile/project specific limits, reporting units and formats and also the specific report recipients. HORIZON is front -loaded meaning that the more information that can be associated with the profile before the sample arrives at the lab the more automated the whole sample receipt, review and reporting will be. Samples are grouped together at login by workorder. A workorder is comprised of multiple samples that generally arrive at the lab on the same chain of custody. Samples are also typically reported by workorder as well. The specific tests/methods to be performed in HORIZON are called Acodes (i.e. EPA 200.7). Within each test the work to be performed is broken down into individual "Schedules". Schedules can be analytical, prep followed by analysis, or they can be administrative in nature. Each schedule has its own due date in order to manage the overall due date of the sample. C-9 Explain any other nomenclature associated with the HORIZON uses most standard environmental and water proposed system (e.g., location, project, etc.). quality nomenclature such as locations, studies (typically for biological/ecological data), coordinates, routes, complaints (e.g., odor/taste), batches, etc. C-10 Describe any event triggering available in the system and The examples you identified here, and dozens of other how such events are designated, added, amended, or automated actions, are built into HORIZON and deleted by a user or system administrator. The following configured through the Rules Engine. HORIZON will are required at minimum: automated a -mails based on flag data as estimated (i.e. apply "J flag" rules) and make Attachment D Statement of Work Matrix.doc Page 9 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS AND NUMBERING limit exceedance, upcoming hold times for samples in the Holding Area to one or multiple recipients. C-11 Describe the degree of configurability of the proposed system by a trained administrator. Include items such as ability to add/create user defined data fields, changing screen labels, etc. C-11 a More specifically, describe the ability to modify screen labels for the limit terminology (e.g., MDL/LOD). Furthermore, describe the ability for reports to utilize the specified terminology. NOT DESCRIPTION Included PROPOSED LIMS detection limit corrections based on the dilution factor, for example, simply by setting the applicable parameter in the Rules Engine. Triggers are used extensively throughout HORIZON to automate actions or events based on "site -specific' rules — i.e., rules that are highly dynamic or specific to your operation and your needs. For example, TDEQ-required data flags/qualifiers may be automatically applied through a user -definable custom action trigger (CAT), which can interrogate data and apply the appropriate flag based on inter -sample or intra- sample data validation rules. HORIZON provides test code definition, workflow modeling, user -definable data fields, and business rule maintenance within the built-in Rules Engine utility. Test codes are created using this graphical interface which depicts the resulting configuration as a logical decision diagram. The user will typically not be creating new screens or altering data fields within the screens; however, HORIZON does provide the ability for customers to develop their own custom screen and "hang" it off a custom menu item. Since HORIZON was designed for environmental and water quality labs, it is highly unlikely that you will find any need for this level of customization. Custom fields can be added as described above. The label on the screen in HORIZON and the label on the report are entirely independent. The field in HORIZON might call it "Location," for example, but your report recipient may know it as "Site." There is a "mapper" tool in the Rules Engine that allows you to configure much more complex terminology mappings that might be applicable to analytical results, analyte names, method references, etc., detection limit type (MDL, PQL, LOD, RDL, CRDL, etc.) for example, that might be required by an Attachment_D Statement of Work Matrix.doc Page 10 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS AND NUMBERING C-12 Describe any third party software proposed. Include details on products, version, intended usage, and licensing. C-13 Describe any modules, spreadsheets, web tools, or other water/wastewater-specific applications that assist in the electronic capture of data (e.g., BOD spreadsheet). NOT DESCRIPTION Included PROPOSED LIMS electronic data deliverable (EDD) mandated by a regulator. In other words, you will end up with a single data dictionary containing lists of analytes, method names/descriptions, detection limits (one list for IDL, one for MDL/LOD, one for PQL/LOQ, one for RDL/RL, etc.), etc., and then any number of custom "translations" of this dictionary for specific projects. You will see this flexibility lacking in many other LIMS, resulting in a problem we call "proliferation of test codes and analytes." This happens whenever there is a special need (e.g., the report recipient wants 4-nitrophenol called "p- nitrophenol" instead), and the LIMS Administrator has to go into the LIMS and create a new version of some list. In HORIZON, none of the users need to know what the customer wants to see on the report — HORIZON manages all that for you. HORIZON's architecture consists of three enterprise - class solutions, HORIZON' LIMS, Actuate' (Enterprise Reporting/Business Intelligence/Web Portal), and Waters/NuGenesis SDMS" (Scientific Data Management System). ChemWare is an OEM Partner with both Actuate and Waters and also integrates Northwest Analytical's Quality Analyst® control charting/statistics software into its HORIZON Statistical Analysis module. All three products are tightly integrated with HORIZON LIMS and are accessed through the HORIZON user interface. Off -the -shelf reports are developed using Actuate's ERD Pro report development environment and built-in VB-based language. HORIZON Field Data Capture (FDC) is the only "module" or application that provides water/wastewater- specific functionality that is not already built into HORIZON. And the only reason for that is because FDC is designed to function as a stand-alone (not attached to Attachment_D_Statement of Work Matrix.doc Page 11 of 66 Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS C-14 Describe the proposed system's document management/attachment capabilities, including the methodology used to attach/assign documents to any record in the database. No interface is required to the City Document Management System. Include discussion on where documents or files are stored and managed (e.g., within the database or as external references). C-15 Describe the LIMS ability to allow data entry and review through browse screens (multiple record entry/review on a single screen). C-16 Describe the number and type of user -definable fields available. NOT DESCRIPTION Included PROPOSED LIMS the LIMS) application, since sample collectors are not expected to necessarily have internet connectivity in the field. Even very complex BOD calculations and automated scheduling/decision-making can be handled entirely within the LIMS. This is not to say that spreadsheets, web tools, or other external applications can NOT be used for data capture; on the contrary, any data captured in a spreadsheet can be "pushed" to the LIMS simply by hitting the Print button in Excel (i.e., the spreadsheet doesn't even need ODBC connectivity to the database). All paper -based records, whether arriving from outside the laboratory (such as a COC), or generated within the laboratory's processes, can be captured electronically and associated to the sample using the HORIZON Data Management (HDM) module. The data within the instrument records (i.e. chromatograms) are extracted from the report and ingested into the LIMS and are indexed and catalogued using dozens of metadata tags for intelligent and unambiguous data storage and archiving. The records are stored and managed in a separate embedded SDMS Oracle database. HORIZON's data entry screens have been refined over many years to expedite the entry and review of environmental data. Data reviewers can also open multiple screens and images (i.e. the raw instrument chromatogram) simultaneously to facilitate the overall review process. Any number of auxiliary data field can be easily created by the system administrator. These auxiliary data fields can be free text or the user can pick from a pre -defined list of valid values. Auxiliary data fields can also be project specific and can be mandatory so that the data Attachment D Statement of Work Matrix.doc Page 12 of 66 Rev. 2/2/2010 IL ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY AND NUMBERING LIMS REQUIREMENTS NOT Included PROPOSED LIMS C-17 Describe provisions or plans for NELAP compliance. Please include discussion of current customers who utilize the proposed LIMS as a component of their NELAP certification, and in what capacity the system serves to aid in their accreditation. DESCRIPTION entry clerk is prompted to add the relevant project/sample information at login. HORIZON fully complies with NELAC requirements, and the vast majority of environmental labs using HORIZON LIMS are NELAC accredited and have undergone numerous NELAC audits. Only one lab has ever reported a regulatory deficiency relating to HORIZON: the "analysis date" that appeared on the final report did not include the actual HH:MM military time in the date/time format (even though the customer could have easily made this change on their own, ChemWare modified its off -the -shelf final report and sent it to them within the week, at no cost, of course). ChemWare provide a guarantee with the system that if the core LIMS code requires modification to conform to any NELAC, EPA, or similar environmental regulatory requirement, ChemWare will make this change at no cost to the customer as part of their standard software maintenance agreement. In other words, we would treat this as a "bug." In the 18+ years HORIZON has been on the market, this guarantee has never been invoked. Among the hundreds of principles used by HORIZON to enforce compliance with NELAC, the system: prevents a user from using the wrong method/procedure or one that has not been certified internally (through a formal MDL Study, for example); displays the written SOP that must be followed; prevents the analyst or reviewer from applying the wrong QC criteria; prevents the user from making unauthorized changes to data; prevents the user from deleting a sample or making any other changes that would not be permanently evidenced in the online audit trail; keeps perfect track of every individual container (including the "daughter" containers created through sample extraction, aliquotting, digestion, etc.) associated Attachment_D_Statement of Work Matrix.doc Page 13 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS DESCRIPTION with a sample, including every chain of custody transfer and who has current possession; prevents unauthorized login to the system; prevents entry of data or conducting of procedures/actions the user is not qualified/certified to perform; prevents the user from performing tasks in the wrong order or before a prior step must be performed according to pre -defined criteria; prevents the user from releasing data prior to completion of all SOP -required data review steps; prevents the user from modifying a certified/reported result without having the proper authority to do so and without the system explicitly "backing up" the status of the sample so the SOP - required review steps must be followed again; minimizes or eliminates the possibility of data entry/transcription errors through automated integration with instruments/devices/applications; minimizes the likelihood of a reviewer approving a result without the benefit of the underlying raw instrument data (since the data are visible side -by -side with the associated reportable results in HORIZON); minimizes the possibility of data being reported without all QC criteria being met and data flags properly applied (since these data are automatically flagged in the Data Review window in HORIZON); minimizes the possibility of a missed holding time (since samples in jeopardy of missing holding times are plainly flagged in red in HORIZON and on worklists); eliminates the possibility of a user inadvertently using an expired or uncertified reagent, chemical, or QC standard (whether or not a stock or primary standard); prevents the user from batching samples on an instrument that is out -of -calibration; prevents a sample or batch from advancing on its own to the next step in the process chain or to reporting without all of the required criteria being acceptable or manually overwritten (by an authorized individual); and prevents Attachment_D_Statement of Work Matrix.doc Page 14 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS C-18 Describe the ability of the system to interface with the PeopleSoft ERP system to update system users due to turnover. C-19 Elaborate appropriately and succinctly any General System considerations not called out in this section that are deemed important differentiators or essential functionality. D Sample Requests and Scheduling D-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. D-2 Describe the proposed system's overall scheduling capabilities. Include such items as routine/standard sampling, ad -hoc, non -laboratory (e.g., industrial pretreatment), laboratory management (e.g., inventory, training, work management, etc.). Note: Only laboratory personnel will interact with sample scheduling tasks. D-3 Describe the available methods for sample request/scheduling (e.g., daily, weekly, "2nd Tuesday", DESCRIPTION the user from logging in and processing a sample against a test method or for an analyte for which the laboratory's accreditation status is not current (i.e., pending or decertified). While the ability certainly exists, turnkey integration could be included in our proposal if further specifications were provided during negotiations. If PeopleSoft utilized LDAP integration at the City, it would only be necessary to make the change in LDAP, which would automatically update HORIZON (if you were to move forward with the HORIZON/LDAP integration as described in 13-13 above). HORIZON contains very sophisticated Prelogin, arrival schedule and forecasting/planner features. If a collection schedule is known in advance the lab can create the collection route for the collector, print container labels and download the route to a portable device. HORIZON also seamlessly handles ad -hoc samples, walk-ins and sample login data from subcontract labs or agencies that submit their information electronically (i.e. XML or flat file). The sample scheduling algorithm is completely flexible and user configurable. Attachment_D_Statement of Work Matrix.doc Page 15 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS "Every other Monday", etc.). D-4 Describe the proposed system's ability to schedule/assign tasks to individuals or sections within the laboratory. D-5 Describe the proposed system's ability to alter (i.e., prioritize, change dates, etc.) the stated/standard schedule and the process for deleting samples or tasks that are not received or executed. D-6 Describe the LIMS ability to store information in the database concerning the sample's origination or collection point, the ability to record biographical data such as the project number, due date, sample priority, and pertinent sample splitting or field preparation details. D-7 Describe the LIMS schedule review capabilities (e.g., calendar format) and the ability to review past, present, and future sample requests. D-8 Describe the user selectable filtering criteria available within the scheduling element of the proposed system (e.g., filter by Project Manager/Staff Member/Requesting Department/External Customer). D-9 Elaborate appropriately and succinctly any Sample Requests and Scheduling considerations not called out in this section that are deemed important differentiators or essential functionality. E Sample Identification DESCRIPTION The laboratory assigns work to a specific lab resource or department. From within the online backlog, or backlog report, the resource responsible for the work can see all of the samples that are currently available or will become available pending completion of a prior task (i.e. a prep). If the user has the appropriate privileges any changes, additions or deletions are very straight forward to make. All of these data types are standard in HORIZON. HORIZON also utilizes auxiliary data fields to capture non-standard or project specific data elements without the need for programming or changes to the interface. HORIZON has a planner calendar for high level work review. The HORIZON Web Portal also has sophisticated ad -hoc query tools for data analysis. The user can select by collector, date range, client and route. Ad hoc queries can be executed if more detailed sample filtering needs to be performed. HORIZON Web Portal provides end -users with the ability to request services and bottle shipments via the web. The laboratory has the ability to accept these requests and facilitate them into shipments or schedules in HORIZON. Attachment D_Statement of Work Matrix.doc Page 16 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS E-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. E-2 Information on sampling sites will be stored in the LIMS. The minimum data elements, which will be stored, are site ID, description, time, location and sampling frequency. Describe the LIMS basic sample identification method including sample ID and associated parameters. Include discussion on the automated creation of sample ID and when such ID is generated (e.g., upon receipt, during scheduling, etc.). E-3 Elaborate appropriately and succinctly any Sample Identification considerations not called out in this section that are deemed important differentiators or essential functionality. F Sample Receiving F-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. F-2 Describe how the proposed system handles the receiving of scheduled samples. Note: The City intends to utilize barcode labels for scheduled samples, however, please describe the receiving process for both bar-coded and hand-written labels. DESCRIPTION HORIZON can capture a variety of data, including all of the parameters noted, about the project. Additionally, if there are project specific data fields to be captured HORIZON can manage these through auxiliary data. HORIZON maintains a sample ID (i.e. the submitter's identifier or location name) and an internally generated Lab ID. The Lab ID is generally created at accessioning or in advance when container labels are required. The accessioning protocol in HORIZON is quite flexible. For example, HORIZON can "seed" the starting point for the accessioning numbers. Users also have the option to prepend numbers with a lab -specific identifier. As regularly scheduled samples are received by the laboratory, the barcode (if applicable) on the sample is wanded in. This matches up the incoming sample to the prelogged entry, thus, facilitating immediate login with no manual entry of information except, perhaps, the true collection date and time. Prelogged samples may be downloaded to a field data collection device or the spreadsheet to minimize data entry. Hand written labels can be typed into the form but the Attachment_D_Statement of Work Matrix.doc Page 17 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT DESCRIPTION AND Included NUMBERING PROPOSED LIMS majority of information required to log in the sample can be defaulted based on the original project specifications. The image of the chain -of -custody document, as well as any photographs of sampling sites or incoming sample condition, may be scanned and attached to samples. F-3 Describe the LIMS sample manual log -in function to Ad -hoc samples can be logged in using standard accommodate ad -hoc requests. HORIZON login transactions. If the sample is associated with an existing contract the login clerk will pick the profile associated with the sample and add the pertinent sample information (i.e. location, priority etc). The profile acts as a login template and supplies most of the necessary information at login, and maximum information is carried over to the next sample in sequence. Most of the login fields can either be free -text or available for selection on a drop down list. F-4 Describe the LIMS multiple sample log -in function. This HORIZON uses a workorder to group similar samples function shall allow a batch of similar samples to be together at login. The login form will retain all of the logged in one operation, assigning unique sample characteristics from the previous sample login except for identifications to each sample, and duplicating common the unique sample fields (i.e. sample and lab ID). fields for each sample in the batch. Individual samples must then be modifiable at the user's discretion. F-5 Describe the proposed system's ability to capture the All of the receiving data fields listed below are standard following receiving data items as samples arrive at the in HORIZON. laboratory: F-5a Date and time of receipt F-5b Location of sample F-5c Time of sample collection (Need Start Time and End Time for Composite samples) Attachment_D_Statement of Work Matrix.doc Page 18 of 66 Rev. 2/2/2010 I I I SECTION CATEGORY AND NUMBERING ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS NOT Included PROPOSED LIMS F-5d Sample identification code F-5e Unusual sample conditions F-5f Tests requested F-5g Field test results F-5h Project ID F-5i Sample Temperature and pH F-5j Sample Splitting F-5k One or many sampler names F-51 Comments F-5m User -definable Fields (e.g., identify the need for chain of custody document to be further reviewed). F-5n Chain of custody information (including the linking of scanned images). F-5o Please describe and/or list additional data fields that can be captured during sample receiving. F-6 Describe the LIMS ability to add, store, associate, or delete sample information as appropriate (e.g. sample preparation, tests, holding time, storage requirements, type, time limits, etc.). F-7 Describe the proposed system's ability to allow authorized users to modify tests or procedures assigned to logged in samples without modifying the standard procedures and test assignments. DESCRIPTION There are standard transactions that enable end users to make ad -hoc additions or deletions to a sample. The user will have to have the appropriate privileges to make these types of changes all of which can be audited. Additional tests can be added in an ad -hoc fashion by authorized users at any point in the sample's lifecycle. These additional test assignments do not affect the standard testing profile template or the test assignments of future samples processed against that testing profile. Further, if the user determines that all of the samples in a Attachment_D_Statement of Work Matrix.doc Page 19 of 66 Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS F-8 The system must provide the ability to create subsamples, assign tests to that subsample, reconcile the parent sample (remove tests from), maintain parent/child relationship, and uniquely track custody of parent and child independently. Please describe how the LIMS accommodates these requirements during receiving. F-9 Describe the LIMS ability to associate sample holding times with each sample based on its sampling time to produce maximum holding time/date(s) based on sample types and tests required. NOT DESCRIPTION Included PROPOSED LIMS workorder need to be modified (e.g., an additional suite of tests need to be performed, or some tests need to be cancelled), the user can make changes to one sample in the workorder and HORIZON will prompt the user to see if other samples in the same workorder are to be similarly modified. This eliminates the need for a user to manually open and edit each sample in the workorder for the same modification(s). A whole group of tests can be added to all the samples in a workorder in a few seconds. "Child" containers of the as -received parent sample containers are assigned unique IDs by the system at the point they are created in the workflow (which can also automatically spawn labels for the child containers). HORIZON can prompt the analyst to take possession and/or create output (aliquot) containers. HORIZON tracks each transfer and (if desired) can prompt the container recipient to acknowledge receipt of the container during the transfer, for true hand-to-hand COC. The user can look at the COC transfer history online to see each documented transfer, and also the current utilization of each container, which is useful when multiple users and/or departments could be sharing a container for multiple tests. HORIZON automatically computes holding times based on regulatory requirements - from date the extract was prepared, for example (in this case, the analytical holding time is recomputed when the extract is prepared, exactly as required by the regs). Additionally, any editing of the collection date or turnaround time will cause automatic recalculation of the overall sample holding times, due date, and departmental due dates, as appropriate. Attachment_D_Statement of Work Matrix.doc Page 20 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS F-10 Describe the system's ability to change ownership of a sample to either an individual or lab section. Include discussion of the LIMS' ability to either "push" samples to an individual/section or have the individual/section "pull" the sample to their ownership. F-11 Elaborate appropriately and succinctly any Sample Receiving considerations not called out in this section that are deemed important differentiators or essential functionality. G Chain of Custody G-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. G-2 Describe the LIMS process for handling chain of custody documents (i.e., when are they created, how are they linked to a sample/barcode label, etc.). G-3 Describe the system's ability to create a chain of custody for samples that arrive without supporting documentation. DESCRIPTION HORIZON pushes work through the system for you. The user need only look at the backlog and HORIZON will suggest the best candidate samples for batching and processing, based on earliest due -date, holding times, priority status, etc.; the user doesn't query the system for these candidates or wait to be notified. When work is available for scheduling, it shows up in the backlog and becomes eligible for batching. When the containers are returned to the laboratory, the login staff simply wand the container labels to login all the samples/containers on the incoming COC form (if the City is using pre-printed COCs). The containers have a unique ID, as required by NELAC, and these containers may be tracked within each department. At any time the location of the container can be viewed online or using the internal COC report. Additionally, HORIZON will also create an external COC should the City choose to subcontract analysis. This workflow is completely configurable, of course. You can add containers to a COC at any point in the sample lifecycle. HORIZON can also prompt the user to take possession of containers as they move samples from location to location thereby automatically creating the internal COC. Attachment_D_Statement of Work Matrix.doc Page 21 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS G-4 Describe the LIMS ability to -link scanned chain of custody documents to samples. G-5 Describe the system's ability to allow certain departments to print chain of custody documents at their location. G-6 Elaborate appropriately and succinctly any Chain of Custody considerations not called out in this section that are deemed important differentiators or essential functionality. H Sample Analysis and Tracking H-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. H-2 Describe the LIMS ability to provide methods for monitoring sample status throughout the sample life -cycle. Sample status codes shall automatically be assigned and updated by the system based on events or transactions occurring. DESCRIPTION Most modern day high-speed scanners have OCR software capable of recognizing a barcode on the chain of custody document (ChemWare also resells a product call Simple Barcode if the City does not have this software). The chain is scanned into a folder that a service is polling which then picks up the file and appends it to the end of the final report. The chain can also be ingested by SDMS if the City requires online review of the scanned chain from directly within the LIMS. This is simply done by running the COC report in HORIZON. The chain of custody transactions in HORIZON were designed to meet or exceed all of the requirements of NELAC and the CROMERR Rule, which the USEPA issued (and later retracted) as a set of guidelines paralleling the FDA's 40 CFR Part 11 rule. HORIZON uses numerous status codes to monitor the progress of the sample. HORIZON's Backlog window provides an instant readout of open work in each department, or optionally, just new work that has arrived. Using the Backlog window, you can immediately identify samples that are not moving as planned, assess the backlog in any area, and view samples for a particular project manager or client. The Backlog shows the count of samples active in each department, count of predictive samples (waiting for completion of a preliminary step), and the worst -case internal due date. Samples in danger of missing the Attachment_D_Statement of Work Matrix.doc Page 22 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS H-3 Describe the LIMS ability to allow users to record and track field data results. DESCRIPTION holding time are clearly evident, as are the rush samples that have come onto the backlog since you last checked. Data qualifiers may be manually applied during results posting or review, captured directly from the instrument (if the instrument data system applies the flag or qualifier to the result), or automatically through a user -definable custom action trigger (CAT), which can interrogate data and apply the appropriate flag based on inter -sample or infra -sample data validation rules. HORIZON's Field Data Capture (FDC) module is designed for this purpose. ChemWare's implementation at the South Florida Water Management District, for example, includes deployment of about one hundred ruggedized field computers for remote collection of sample demographics and field test results through FDC. The collector downloads his/her collection list at the start of the day on to a ruggedized laptop or computer. In the field, the computer captures RS232 data from field instruments (Hydrolab), then automatically logs in the samples and posts the field test results when the computer is synchronized with HORIZON LIMS back at the laboratory. The preference for ruggedized laptops (versus handheld data loggers or PDAs) is pervasive across our user community. The laptop -based application is far more robust in its ability to validate the data being entered, dynamically alter the prompts for data to be collected based on Prelogin information, dynamically capture data in the field for parameters or locations not anticipated (e.g., a homeowner isn't home so the collector attempts to collect water from the nearest neighbor's spigot), and remotely generate chain of custody documents, worklists, and other reports. Attachment_D_Statement of Work Matrix.doc Page 23 of 66 Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS H-4 Describe the process for assigning analysts (e.g., at schedule creation time, based on method certification, etc.) and the ability to alter this assignment based on actual work performed. H-5 Describe the ability of the system to allow for assignment of tests and/or bottles to multiple analysts or lab sections (e.g., if sample was sub -sampled into multiple bottles, the bottle could have the need for analysis in multiple lab sections). H-6 Describe the ability of the LIMS to track the physical location and designated "owner" of each bottle in the laboratory, including overnight refrigerator storage. H-7 The system must provide the ability to create subsamples, assign tests to that subsample, reconcile the parent sample (remove tests from), maintain parent/child relationship, and uniquely track custody of parent and child independently. Please describe how the LIMS accommodates these requirements after sample custody NOT DESCRIPTION Included PROPOSED LIMS Generally the analyst is assigned at the time of batch creation. User certifications are maintained online in HORIZON and a certification report can be run to see which analysts are certified on a particular method. HORIZON tracks each user's "certification" status -- what procedures they are certified on and when they expire. If an analyst fails to participate in a training program, for example, the supervisor could simply go into the User Edit transaction and decertify him/her on the appropriate procedures.. HORIZON will not allow an uncertified analyst post data to a batch. HORIZON will capture the actual analyst who performed the work, based on HORIZON logon ID or the ID captured from the instrument run, and update the analyst accordingly. HORIZON tracks all containers independently. As daughter containers are created new labels are printed and the chain of custody is established for the new container (usually the container ID is the Sample ID-1, -2). You can configure laboratory locations and sub -locations in HORIZON. When an analyst takes possession of a container HORIZON can prompt the analyst to indicate where the container is being transferred to, thereby establishing the owner and the current location and utilization of the container. Daughter containers (aliquots) are usually created at time of batching. Therefore the test is automatically transferred to the daughter container. HORIZON always maintains the link back to the original container. Attachment_D_Statement of Work Matrix.doc Page 24 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS AND NUMBERING has been transferred to an individual or lab section. H-8 There may be more than one bottle collected for a single sample. Describe how the system provides the ability to run tests from different bottles that are the same sample (e.g., VOC (524) — requires triplicate bottles but only use one for sampling purposes). This could be a grouping level above sample ID that allows the user to group/batch sample ID's into one. Analyses would be assigned to the group and not sample ID. H-9 Describe the LIMS ability to provide an online review of results versus stated limits and/or boundaries. H-10 Describe the number of configurable limit sets assignable to a test (e.g. high/low, regulatory compliance, operational standards, watershed protection standards, detection limits). H-11 Describe the LIMS ability to generate work lists using various filter criteria (e.g., laboratory section, analyst, customer, etc.). H-12 Identify and describe the proposed system's assignment of work tasks, including the automatic assignment of tasks as well as due dates, holding times, etc. H-13 Describe the LIMS ability to allow users to configure data NOT DESCRIPTION Included PROPOSED LIMS HORIZON maintains a one -to -many relationship with respect to samples and bottles. In the case where the lab collects multiple bottles for a single test such as VOC the test is assigned to a single bottle in order to maintain full traceability back to the bottle. Should the lab need to rerun the test they will manually add the test to another bottle of similar type and preservative. HORIZON has numerous screens and reports (i.e. QC Review) for this purpose. You can have any number of program limits associated with a test. HORIZON will always frame the sample results in the context of the applicable limits. A worklist report is a standard off -the -shelf report in HORIZON. The "Queue" in HORIZON is the department, section or resource to which work is assigned and routed. HORIZON natively tracks both the date and time that a sample became available in the queue, the appropriate hold and turnaround times and the time that the work was completed. Data entry screens can be customized by an authorized Attachment_D_Statement of Work Matrix.doc Page 25 of 66 Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING H-14 ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS NOT Included PROPOSED LIMS entry screens. Describe the LIMS ability to provide method references. H-15 Elaborating on C-11, Describe the LIMS ability to provide linking or embedding objects in association with samples and analyses. H-16 Describe the overall handling and assignment of data qualifiers, including the following: H-16a User options for calculations made with qualified data; H-16b The ability to record special result values such as Not Detected, Not Measured, <, or Null H-16c The capability to correctly handle all special result values in mathematical computations (including averages and log average, etc.). DESCRIPTION administrator -- we call this the fagade. HORIZON provides the ability for the lab to create facades that are applicable to specific procedures and data elements that are collected for the procedure. You can view any SOP or method within the context of the transaction in HORIZON. SOPS and methods are time stamped so if you query a sample and view the SOP, HORIZON will return the SOP that was in effect at the time the testing was performed. Using the HORIZON Data Management (SDMS) features, regardless of where you are in the LIMS, you click on the Data Management button to view all the associated laboratory records that have been printed to the database (including all the relevant instrument data, QC charts, chains, SOPS, etc.). An Advanced Find feature allows the user to quickly narrow the search. Data qualifiers are handled seamlessly in HORIZON. HORIZON can flag data automatically using posting triggers or the data reviewer can manually flag the data by picking from a pre -defined list of qualifiers. The user also defines how to handle special results for a client or project (i.e. < or Null) in the client setup screen by choosing user defined properties from a pick list. See above. See above. See above. Attachment_D_Statement of Work Matrix.doc Page 26 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS H-16d The ability to define in advance how special result values will be handled in calculations. Note: qualifiers may be handled differently based on the sample type, customer, laboratory section, etc. (e.g., "<" may indicate use of MDL for Pretreatment but indicate "zero' result for Code Compliance). H-16e The ability to define unique sample qualifier codes indicating special circumstances or conditions may apply to the test result (e.g., multiple analysts executed test, etc.). H-17 Describe the LIMS ability to provide information associated with sample analysis such as dilutions, sample prep, etc. H-18 Describe the LIMS performance of typical environmental calculations and statistical analysis. H-19 Describe the LIMS library of statistical calculations. H-20 Describe the LIMS allowance for the creation of a customized library of statistical functions/calculations/definitions. DESCRIPTION See above. Qualifier codes are user configurable in HORIZON. Analysts can also apply free text comments to a sample as well. HORIZON maintains the link to sample prep/dilution online. The analyst can easily find the prep information online from the Sample Edit window. HORIZON tracks all sample dilutions and will even select the reportable result from the lowest dilution factor, if that is your default business rule (and as long as the result is within the linear range of the instrument). HORIZON is delivered with over 100 standard environmental calculations. HORIZON also includes the integrated Quality Analyst program from Northwest Analytical for detailed statistical analysis. See above. Your system administrator can write custom calculations. They may contain logic or advanced math functions to compute new values from the combination of two or more other values, or to interrogate results or samples for the presence of certain conditions. ChemWare provides example calculations and the tools and training to write these calculations. The HORIZON Statistical Analysis add -in has NWA/Quality Analyst embedded in it and allows for Attachment_D_Statement of Work Matrix.doc Page 27 of 66 Rev. 2/2/2010 i ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS H-21 Describe the method for establishing calculations (e.g., excel format, native to the software) and ability to utilize a calculation wizard or similar. H-22 Describe the LIMS ability to provide the entry of test results in multiple formats, including (at a minimum): H-22a All results from one test performed on many samples. H-22b All results from many tests performed on one sample. H-22c All results from one test performed on one sample. H-22d All results from WET testing H-23 Describe the LIMS ability for users outside the lab to view sample status. H-24 Describe the assignment and configurability of significant figures; also defining number of digits after the decimal point and usage in calculations. H-25 Describe the LIMS ability to provide comment fields attached to analytical results. H-26 Describe the alerts and notifications available to users for such items as limit exceedance, overdue items, low inventory, etc. DESCRIPTION complex environmental statistical analysis, pattern analysis and trending. Calculations are written in PL/SQL packets and fire at specific points in the sample workflow. HORIZON meets all these requirements. The entry of test results generally is governed by the test and the data entry technique that makes the most sense for that test. External users can query real time sample status from the Web Portal. HORIZON handles all standard environmental significant figure permutations. Both non -reportable and reportable comments are supported in HORIZON, and can be attached at various levels (analyte, sample, batch, workorder, etc.). Exceptions and notifications are handled through user configurable triggers. If a certain condition is met or exceeded (this logic is described and configured in the trigger) then an alert (i.e. email) or an administrative review unit of work can be automatically scheduled by HORIZON. Attachment_D Statement of Work Matrix.doc Page 28 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY AND NUMBERING LIMS REQUIREMENTS H-27 Describe how the LIMS handles missing/blank sample analyses. Include missing or uncollected samples, incomplete tests within samples, and the process/need for purging/deleting the same. H-28 Describe the proposed system's ability to support calculations based on the results of multiple analyses. H-29 Describe how the proposed system handles re -testing and/or the direct editing of test result values or correction factors. H-29a Describe how the above process changes if such data has already been approved. H-30 Describe how the LIMS ensures analysts who lack certification and/or whose certification/training for a given test/method has expired are prohibited from entering results. NOT DESCRIPTION Included PROPOSED LIMS Missing or uncollected samples can be purged or rescheduled directly from prelogin. If there are incomplete analyses on an in -process sample this will hold up the final workorder review. Samples that are in danger of missing holding time because of a missed analysis will be flagged and then the project manager or analyst can take the appropriate steps to complete the work or cancel the work with a reason code. All of HORIZON's standard calculations can interrogate intra-analysis results. They may contain logic or advanced math functions to compute new values from the combination of two or more other values (such as a MPN), or to interrogate results or samples for the presence of certain conditions. Condition Codes in HORIZON can automatically cause the result to be qualified (with a predefined comment or free text comment, for example) or the test to be automatically rescheduled/reflexed based on a pre- defined criteria. Analysts with the appropriate authority can also manually schedule a test to be rescheduled. If test results are directly edited HORIZON will maintain a full audit trail outlining the before and after values and who made the change. If the data has already been approved an authorized user will have to manually add the retest and flag the previous results with a condition code indicating that the results will no longer be used. HORIZON tracks each user's "certification" status -- what procedures they are certified on and when they expire. If an analyst fails to participate in a training program, for example, the supervisor could simply go into the User Edit transaction and decertify him/her on Attachment_D_Statement of Work Matrix.doc Page 29 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS AND NUMBERING H-31 Describe any annotation available to designate a test result as questionable. H-32 Describe the LIMS ability to import external / 3rd party analysis. (e.g., from contract laboratories), Please specify formats. H-33 Elaborate appropriately and succinctly any Sample Analysis and Tracking considerations not called out in this section that are deemed important differentiators or essential functionality. QA/QC I-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. I-2 Describe the proposed system's ability to provide the storage and tracking of auditing information associated with samples, tests, and other analytical information retained within the LIMS. At minimum this should include such items as "last user", "last updated", replicate/re-test number, changed value, and associated comment for any changed or altered data. NOT Included PROPOSED LIMS DESCRIPTION the appropriate procedures. HORIZON will not allow an uncertified analyst to post results for the specific test. This is handled by applying a footnote or comment to the result. The analyst can designate whether the comment is reportable or non -reportable. Data can be imported to HORIZON from subcontract labs in a variety of formats i.e. text file, XML. The sample will be logged normally into HORIZON but the scheduled subcontract work is dynamically adjusted to contain a "ship" step (ship the specific containers to the subcontract laboratory.) A unit of work will remain open until the subcontract lab delivers the result back to the City in an electronic file format. The system maintains a trail of any changes to data that could impact data usability — such as changes to the project data quality objectives or requirements, changes to IDs, changes to users, changes to results, etc. Oracle maintains (behind the scenes) a log of all changes, but this is really for system administrator purposes, not for an end -user's inspection of the audit trail. There are hundreds (if not thousands) of "manipulations" to data at some point in the process that have no impact on data usability and are therefore not presented in the online Attachment_D Statement of Work Matrix.doc Page 30 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS I-3 Describe the LIMS ability to create, assign, and track all QA/QC tasks (e.g., duplicates, spikes, reference checks, calibration standards, blanks, etc.). I-4 Describe any differences between the entry and maintenance of QC test results versus standard sampling results. I-5 Describe the proposed system's creation of QC codes. I-6 Describe the LIMS ability to provide control charts including user -selectable data sets, exclusion of outlying data points, and optional automatic updating of control limits. I-7 Describe the LIMS ability to provide instant communication to an analyst of QA acceptance or data DESCRIPTION audit trail (it would be too verbose for the user even to make sense of all the data). The audit trail is NELAC compliant and shows the item being changed, the user making the change, the before and after values, the date/time of change, and (if this feature is utilized), the prompted reason for change. Blanks, Duplicates, Matrix Spikes, Matrix Spike Duplicates and calibration standards can all be created and managed by HORIZON. HORIZON can also compare the results of tests performed against these samples to limits or calculated limits. Further, HORIZON can be configured to automatically make the call on the sample or the analytical run based on the results of the QC samples and/or calculations based on these results. HORIZON treats QC data input in the same manner as it treats production sample data entry. QC codes/types are configured using the Rules Engine. These tests are automatically created when the analytical batch is created. The QA/QC testing requirements for the analysis are configured into the system and are automatically incorporated into each analytical batch. Also, QA/QC testing can be added or removed from an analytical batch by authorized users. This is standard functionality in the integrated NWA/Quality Analyst. HORIZON will compute the QC/QA results and flag any exceptions as soon as the analytical results have been posted to HORIZON. Attachment_D_Statement of Work Matrix.doc Page 31 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS reliability. I-8 Describe the LIMS ability to provide assessment and reporting of broad, long-term measures of QA performance (completeness, precision, accuracy, etc.). I-9 Describe the LIMS QA/QC functionality and reporting capability for sample batch. DESCRIPTION These are standard statistical analysis queries. HORIZON builds instrument/test specific batches, selecting the samples to be placed in a batch based on predefined criteria and introducing the required QC. You can always add additional QC samples on the fly if necessary. If you create extra runs or QCs at the instrument level, there is no need to log these into HORIZON; the system will capture these dynamically and automatically reorder the batch in HORIZON in the sequence they were run on the instrument. During review the supervisor is typically looking for control failures. QC data may be sorted to flush any such failure directly to the top of the screen. Anomalies are color -coded in HORIZON to bring them to the user's attention. If necessary, the reviewer can quickly select an appropriate Condition Code from a choice list, and the CC can automatically cause the result to be qualified (with a predefined comment or free text comment, for example) or the test to be rescheduled. All QC limits can be attached to multiple projects, clients or permits. HORIZON has a transaction called dynamic QC which allows the analyst to evaluate samples against all limits contained in a single batch. HORIZON reports respect client or project specific limits and always report against the specific limits in effect. Limits in HORIZON are also version controlled and reports will only use limits that were in effect at the time a sample was analyzed. Attachment D Statement of Work Matrix.doc Page 32 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS I-10 Describe the LIIVIS ability to provide troubleshooting diaries. I-11 Describe the system's ability to provide QA/QC templates (reference libraries, calculations, codes, etc.). I-12 Describe the LIMS ability to provide a mandatory comment field on records updated or marked for deletion. I-13 Elaborate appropriately and succinctly any QA/QC considerations not called out in this section that are deemed important differentiators or essential functionality. J Data Validation and Approval J-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. J-2 Describe the ability of the proposed system, at a minimum, to maintain two levels of data validation for an individual DESCRIPTION The system can capture both reportable and non - reportable comments during all major phases of sample processing, including the review steps. The reviewer could suspect instrument carryover contamination, for example, then evaluate the method and instrument blanks, as well as the preceding samples in the run sequence, in order to rule this out. All of this information may be entered into the appropriate comment section and be available for subsequent reviews and as a permanent archive. If the laboratory uses QA Notices or "Narratives" that appear in the actual report, these documents may be created from templates (in MS Word, for example), then printed to the SDMS database and automatically associated with the sample, location, batch, or workorder, for example. Users can run queries or reports from the Web Portal to see a history of all such troubleshooting/investigatory review (and analyst) comments associated with each workorder and sample. This is standard functionality delivered with HORIZON. Comments and mandatory e-signatures can be enforced by HORIZON for any changes to the sample record. HORIZON meets this requirement. The number of levels of data validation is configurable and can vary from Attachment_D_Statement of Work Matrix.doc Page 33 of 66 Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING L Reporting and Data Export ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS L-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. L-2 For L-5 through L-11 below, please indicate if the report and/or function is electronic, print, or both. L-3 Please explain the Vendor's experience with Texas regulatory reporting for water and wastewater, including electronic or otherwise. L-4 Please indicate Vendor's experience/compliance with the EPA Electronic Data Interchange (EDI) programs and procedures. L-5 Describe any inherent system ad -hoc reporting functionality including the ability to export query results to third party software (i.e., Excel, Access, etc.). Description should include discussion on ability to save and share reports and to establish filters (e.g., saving the report template but allowing users to select specific criteria). NOT DESCRIPTION Included PROPOSED LIMS ChemWare has extensive experience with SDWIS, CAEDF, COELT, ERPIMS, EQuIS, ADaPT and other common environmental EDD formats. ChemWare's Implementation Specialist was also the LIMS Administrator at a commercial environmental laboratory in Texas for 14 years and has extensive experience in the Texas Risk Reduction Program (TRRP) reporting requirements. ChemWare has experience creating EDD's for a variety of EPA data exchange requirements, including the EDI standards for drinking water reporting, known as SDWIS. In addition to the EDI/EDD experience described above, ChemWare has extensive experience with electronic data reporting under the Contract Laboratory Program (CLP SOWs OLM04.2 and ILM05.2), which utilizes XML- based data formatting, validation and exchange. (Electronic & Print) The HORIZON Web Portal provides a built-in, wizard -based ad hoc query tool. The results of the query can be returned to the screen or dumped into an Excel spreadsheet for online analysis, graphing and additional formatting. Queries can also be saved and shared. The filter parameter of the query can also be edited by the user but they will only be able to query samples that belong to them. Attachment_D_Statement of Work Matrix.doc Page 40 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS L-6 Describe any inherent system functionality which enables/facilitates cross -source reporting (e.g., comparative analyses on different sampling locations). L-7 Describe any inherent system graphing functionality. L-8 Describe the trending and statistical analysis capabilities of the proposed LIMS. L-9 Describe the use or reliance on any third party ad -hoc reporting tools (e.g., Crystal Reports) for standard or non- standard reporting. L-10 The following reports are required to be included in the proposed system. The vendor must provide a minimum 10 days of report development in addition to the time necessary to complete those listed below. Samples of these reports are included on the CD. DESCRIPTION (Electronic & Print) The ad hoc query tool is ideal for cross -source reporting. (Electronic & Print) HORIZON is delivered with some standard graph based management reports. Information in ad hoc queries and reports can also be downloaded to Excel for additional data manipulation and graphing. (Electronic & Print) The HORIZON Statistical Analysis add -in has NWA/Quality Analyst embedded in it and allows for complex environmental statistical analysis, pattern analysis and trending. (Electronic & Print) The HORIZON Web Portal is powered by Actuate® enterprise reporting platform, and was chosen for its superior scalabiliry and flexibility. ChemWare leveraged the extensibility of Actuate to provide integrated enterprise reporting, secure report delivery, self-service research and intelligence portal, and a self-service test -ordering portal. Of course, ChemWare provides off -the -shelf reports that can be modified to suit the laboratories needs. The HORIZON Web Portal is seamlessly integrated with the LIMS and provides a dashboard on all activity in the laboratory, such as turnaround time by section, QC failure analysis, test workload/capacity analysis, and analyst certification status. ChemWare meets these requirements. Please see the Report Development and Delivery section of the proposal for additional details. Attachment D_Statement of Work Matrix.doc Page 41 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS L-10a Analytical Report_WQI L-10b Analytical Report_Standard Version L-10c Bacteriological Monthly Report (TCEQ Electronic Reporting.pdf includes instructions for this report) L-10d Bacteriological Report to Engineering L-10e D2 Sheet L-10f DMR L-10g Exception Report L-10h Invoice L-10i Micro BenchSheet Form L-10j Monthly Distribution Report to TCEQ L-10k Monthly TOC Removal Report L-101 NELAC Report Req L-10m Sample Receipt L-10n TOCMOR v9 (RG-379 (TOCMOR instructions).pdf includes instructions for this report) L-10o TOCMORv4 (example) L-10p Tracking Sheets L-10q Water Quality Report L-10r WQI Report DESCRIPTION Attachment_D_Statement of Work Matrix.doc Page 42 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS L-11 Provide a list of any "standard" reports to be supplied with the system. These reports may include those of an operational (e.g., analyses reporting), management (e.g., QA reporting, overdue analyses), transactional (e.g., audit trail) and/or general system nature. L-12 Describe the users' ability to restrict, segregate, or include the publication/reporting of raw (i.e., unapproved) data. If unapproved data is utilized in a report, describe the LIMS ability to denote the same visually on the report. L-13 Describe the method and process for affixing electronic signature to records, reports, and documents. L-14 Describe the method external customers would utilize to view reports, results, etc. Include the file format(s) available for upload for these reports (the City would like to allow customers to view/print reports themselves in a format that does not allow changes by the client). L-15 Any report sent by the City must have the Fort Worth Lab logo. Please describe the ability of the LIMS to allow for logo insertion. L-16 Describe the ability of the LIMS to identify which parameters are/are not accredited on each report and the ability to include the NELAP logo on reports. This is a requirement of NELAP. DESCRIPTION A list of off -the -shelf HORIZON reports is included in Appendix iv to the proposal. Reports delivered to the HORIZON Web Portal are delivered to an individual's inbox based on their user class or recipient property. Access to the web portal requires a LIMS username and password administered within HORIZON i.e. single sign -on. Reports transmitted from the Web Portal can be encrypted if delivered outside of the firewall. The report type (i.e. final report with raw results) can vary from person to person. HORIZON is 21 CFR Part 11 compliant for electronic signatures. HORIZON Data Management also supports capturing electronic signatures on the record. The online Web Portal is designed for authorized end - users to pick up reports online and execute ad -hoc sample inquiries. Reports can be viewed or downloaded as .pdf. Excel is also a native output format for tabular data. The City will add its logo one time to its library and it will be pushed down to all reports. If the logo changes you only have to drop the new logo in the library. A CAT (trigger) will be included with the delivered system that checks the parameter accreditation status at the time the sample was collected, received, or when the fast analytical step was taken (e.g., sample prep), for example (your preference), and apply a footnote/qualifier to the reportable result on the final report. The standard Attachment D Statement of Work Matrix.doc Page 43 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS L-17 Elaborate appropriately and succinctly any Reporting and Data Export considerations not called out in this section that are deemed important differentiators or essential functionality. M Instrument Interfaces M-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. M-2 Provide an overview and description of the methodology and general process utilized to interface instruments to the proposed LIMS. Note: The City has obtained 5 licenses for Labtronics' LimsLink and 3 licenses for Labtronics Collect 6.0. The proposer is welcome to utilize these licenses or specify an alternative. DESCRIPTION final report already includes the NELAC logo (see below; there is a parameter in HORIZON that allows the user to turn this on or off in the report or to use an alternate accreditation logo). ,tl RQCOR yam/ P i u°i e The interfacing technique is highly standardized and automated in HORIZON, and does not depend on any proprietary tools, custom drivers or similar technologies. ChemWare interfaces nearly all types of laboratory instrumentation by utilizing NuGenesis® SDMS (Waters) and/or Labtronics LimsLink. We have extensive experience with these applications, and offer formal training and numerous off -the -shelf example interfaces using these technologies. LimsLink is the preferred tool for instruments with older operating systems, or those equipped only with serial (RS232) or text file output capabilities. All other instruments having PC -based data systems with Windows 2003 or higher operating systems, and capable of printing results or reports using a Windows -based print driver, are interfaced using NuGenesis SDMS. The benefit to using the SDMS technique is that we can simultaneously capture both the Attachment D Statement of Work Matrix.doe Page 44 of 66 Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING 1 I I I 1 I I ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS NOT Included PROPOSED LIMS M-3 Please state whether the proposed system has previously interfaced with the instruments listed below. (Please indicate the cost associated with each instrument interface in the Attachment C, "Cost Proposal" sheet.) M-3a Four (4) HP Gas Chromatographs w/ Mass Spectrometry M-3b Four (4) HP Gas Chromatographs w/ Dual Micro Electron Capture Detectors M-3c One (1) HP Gas Chromatograph Dual Flame Photometric Detector M-3d One (1) Inductively Coupled Plasma Mass Spectrometry M-3e Two (2) BOD Analyzers M-3f One (1) DIONEX M-3 g One (1) Smartchem M-3h One (1) Leeman Mercury Analyzer M-3i One (1) Denver Analytical Balance M-3j Two (2) Ohaus Analytical Balances Attachment D Statement of Work Matrix.doc Page 45 of 66 DESCRIPTION text results and the image of the instrument output in the LIMS. ChemWare has interfaced all of the instruments listed below. Additional information about the operating system is required to determine the final interfacing technique to be used. We have proposed a total cost for implementing interfaces to all of these instruments based on the following assumptions: • ChemWare is assuming that all of the HP GC's have identical or highly similar report formats. • ChemWare will leverage the City's existing LimsLink and Collect licenses. Extraction Template Extraction Template Extraction Template Extraction Template LimsLink Extraction Template LimsLink LimsLink Labtronics Collect Labtronics Collect Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS M-3k One (1) Shimadzu TOC Analyzer M-31 One (1) Thermo TOX Analyzer M-4 Describe any additional/peripheral equipment required to support the proposed instrument interfaces. M-5 Describe any third party software utilized in the interfacing of instruments and the basic functionality/benefits of each. M-6 Describe the ability of the system to allow users to select the data to use from instrument analysis files. There may be more than one set of data and the user needs the ability to choose which is to be utilized. M-7 Elaborate appropriately and succinctly any Instrument Interfaces considerations not called out in this section that are deemed important differentiators or essential functionality. N External Interfaces NOT Included PROPOSED LIMS DESCRIPTION LimsLink LimsLink All instruments must be on the network to be interfaced, meaning they require a NIC card and connection to the LAN. There is a possibility that the lab may need to update the software on some of its instrumentation/equipment if the operating system is too old. See response to M-2 above. HORIZON can accept duplicate results and make the determination on the best set of results based on a pre- defined business rule or allow the analyst to determine which results are usable. Most users prefer to stop the data in a data review staging area in HORIZON, then indicate which runs are not usable/reportable by selecting the appropriate user -definable status code (i.e., when one of the duplicate runs has an "OK" code and the other has any other code, HORIZON "knows" to select the OK run). HORIZON can even dynamically accept an instrument run that was not on the existing run sequence if, for example, a sample was diluted and added to the end of the run sequence. Attachment D_Statement of Work Matrix.doc Page 46 of 66 Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS N-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. N-2 The proposed LIMS must provide the ability to export a text file of LIMS data for import into the City's internally - developed Access -based pretreatment system via an Excel template (file format included in Appendix D). N-3 Elaborate appropriately and succinctly any external - Interface considerations not called out in this section that are deemed important differentiators or essential functionality. O Handheld or Other Mobile Devices 0-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. 0-2 Provide a specification for handheld or other mobile devices that may be used in LIMS data gathering. Such specification(s) should be based on the Proposer's experience in delivering the same in a working environment. The City would use handheld devices for in - lab data collection (e.g., WETChem) as well as field results. Note: Recommended handheld devices should be quoted in Attachment C, "Cost Proposal". 0-3 Describe the Proposer's experience with mobile data collection. Provide details on processes (e.g., synchronization, online availability, failure recovery, off- line capabilities, etc.) used in hand-held utilization. NOT DESCRIPTION Included PROPOSED LIMS ChemWare has included the cost to produce the export file for the City's custom pretreatment system in its cost proposal. The file format was not included in the RFP so additional information may be required to fully understand the scope of this deliverable. ChemWare has experience with Symbol and Intermec handheld dataloggers and Panasonic Toughbook notebooks; however the FDC application will run on any ruggedized laptop running a currently supported Windows operating system, including Vista. The memory and hard drive specifications will be provided prior to purchase, but nothing special is required. ChemWare has implemented a number of labs such as the South Florida Water Management District that use ruggedized field computers for remote collection of sample demographics and field test results. The collectors download their collection list to the computer prior to heading out into the field. The computer captures RS232 data from a field testing instrument (Hydrolab), then Attachment D_Statement of Work Matrix.doc Page 47 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS 0-4 For mobile devices, the LIMS should provide a configurable data entry form and offer a bi-directional interface for such items as schedule download and automated upload of collected data. Please explain the proposed system's method of achieving this result. 0-5 Describe the Proposer's recommended mobile field unit recommendation for collecting composite sample data: start date and time, stop date and time, temperature, pH, flow information, aliquots, field comments, split samples, etc. to eliminate paper collection in the field. 0-6 Elaborate appropriately and succinctly any Handheld Devices considerations not called out in this section that are deemed important differentiators or essential functionality. P Bar -Coding P-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. DESCRIPTION automatically logs in the samples and posts the field test results when the computer is synchronized with lab computers running HORIZON LIMS. This is exactly how the Field Data Capture (FDC) application works. The HORIZON Field Data Capture (FDC) module creates a download file containing test request and sample demographic information (including collector, collect date, location, etc.). The collector then remotely captures the required field parameters on the field laptop, then synchronizes the laptop with his/her desktop upon returning to the lab. If the laptop is equipped with GPS, the latitude and longitude data can be captured automatically. When the laptop is docked, all the samples are autologged into HORIZON (without wanding barcodes or entering sample IDs), and the field data for those samples uploaded automatically. ChemWare recommends the HORIZON Field Data Capture (FDC) module for collecting field data (see detail above). The FDC eliminates the need for paperwork and is seamlessly integrated with HORIZON. Attachment_D Statement of Work Matrix.doc Page 48 of 66 Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS P-2 Provide an overview of the use of bar code label printing and scanning, and provide a recommendation on how best to incorporate this functionality into a lab's operations. Include such items as the configurability of labels, handling of sample split tracking, integration with sample schedules, ad -hoc production, etc. P-3 Provide a recommendation for bar code scanners, printers, software, and any other hardware necessary to implement bar coding within the City. P-4 If third party products are used, describe the degree of integration with the core solution and any supplemental training needed to operate the software. P-5 Describe the proposed system's ability to integrate bar coded labels with established sample schedules so as to print for being affixed to bottles in advance. NOT DESCRIPTION Included PROPOSED LIMS The uses for barcode labels are numerous in HORIZON and can really drive automation in the overall laboratory workflow. Samples that are prelogged, for example, can be immediately accessioned to the lab as they are received by wanding the sample barcode. This matches up the incoming sample to the prelogged entry, thus, facilitating immediate login with no manual entry of information except, perhaps, the true collection date and time. HORIZON can autogenerate labels for aliquot containers as they are created which facilitates easy identification and manages the overall internal chain of custody tracking. Barcodes can also be used in sample disposal. The user will gather their group of containers awaiting disposal and scan each of them into the disposal window. HORIZON will raise errors and/or warnings if the sample is still work in process, the scheduled disposal date has not yet passed, or the scheduled disposal method is different from the one selected. There is no magic to labels -- label formats are completely user -configurable and examples, including those with barcode fonts, are delivered with the system. We know of no modern barcode peripheral equipment that does not work with the system. We have had significant experience using Zebra barcode printers and Symbol barcode scanners with HORIZON. Apart from hardware there is generally no additional third party software products required for barcoding. The collector or analyst will simply query all of the samples that are scheduled for collection for a specified time period and use the print labels transaction to pre - label all of the outbound containers. Attachment D Statement of Work Matrix.doc Page 49 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS P-6 Describe the LIMS ability to generate and read bar codes for identification, utilization on labels, chain of custody documents, and data entry purposes. P-7 Describe the system's ability to allow certain departments to print bottle labels at their location. P-8 Describe the ability to re -print a label, even if part of a larger batch. P-9 Describe the ability to print ad -hoc labels as in the case of a walk-in sample. P-10 Elaborate appropriately and succinctly any barcode/labeling considerations not called out in this section that are deemed important differentiators or essential functionality. DESCRIPTION Barcode generation and reading are completely standardized in HORIZON. HORIZON treats barcodes as a font, so it is just another representation of the data to be consumed or produced by the LIMS. Assuming the printer used to print the barcode is available on the network and known by the reporting server, barcode labels can be produced across the network. This is standard functionality in the system. A label can be re -produced for a sample, an aliquot or a batch, as needed. The City may choose to create an additional label format for these samples so that they can be made to be visually different than `production samples', otherwise, the process and the ability is completely standard. Frankly, you should be concerned about any proposal that elaborates too much on the complexities or vagaries of barcodes — it should be a red flag the vendor is probably using proprietary technology or otherwise hard -coding device communication. Our customers use virtually all the common barcode scanners and printers on the market. The barcode scanner acts as a keyboard wedge; it simply translates the barcode into a font that must be installed on the user's PC, and HORIZON treats the scanning in exactly the same manner as an entry (or sequence of entries) on the keyboard. Modern barcode printers have drivers, and these drivers are installed in the same manner as any other printer on your network. In setting up label printing in HORIZON, you designate which printer is associated with which LIMS-related events. When preparing 2 ml extracts, for example, the labels will be of smaller stock than when preparing 50 nil digestate bottle Attachment_D_Statement of Work Matrix.doc Page 50 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS Q Training and Documentation Q-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. Q-2 The City has facilities to accommodate training up to 10 people at a time. Describe the approach and curriculum for each of the classes listed below, including number of days, necessary skills of attendees, etc. (those identified should be considered the minimum requirement), and any others you recommend. Q-2a End -user training classes (The City will have approximately 35 participants for this session) DESCRIPTION labels — these labels are automatically directed to the printer with the appropriate stock. Most users fall into three broad categories: "end -users," "power users," and "administrators." For the power users and administrators, ChemWare offers three System Administrator Training courses. All training includes a formal training manual, with a wealth of practical examples and hands-on exercises. ChemWare typically delivers administrator training courses at its specialized training facility in Raleigh, however, we are proposing that these classes be conducted in Fort Worth based on the City's stated preference. The end -user category refers to the training ChemWare provides for users who interact with HORIZON on a daily basis, but are not responsible for any of the system's workflow or business rule configuration or administration. End -user training is always performed onsite. End -user training is designed to give users an in-depth understanding of the activities HORIZON has been configured to perform. Each End -User Training session is configured to meet the specific needs of the customer. Generally, the course will be segmented by laboratory functional group in order to focus on the transactions and screens that are most applicable to the specific audience. We have included 8-days of on -site end -user training to accommodate laboratory users, laboratory clients, treatment user/administrators, pre-treatment Attachment_D_Statement of Work Matrix.doc Page 51 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS Q-2b Separate System Administrator training classes for IT Administrator and Power Users (The City will have approximately 5 participants for this session) DESCRIPTION users/administrators, and information support department personnel training. System Administrator I Training This introductory class explains the function and operation of each online transaction from a user's perspective. The system administrator learns basic HORIZON concepts and how samples flow from start to finish. Demonstration of how the underlying system parameters control HORIZON's operation sheds insight into the system's capabilities. These parameters are configurable by the laboratory. The System Administrator I class also addresses the correct approach for testing the parameter settings and releasing new settings from the test database into the production database. Worksheets are provided to aid in the information gathering process that yields the data to model the methods (test codes) and load these parameter values. Upon completion of the class, the attendee is prepared to return to the laboratory and start configuring the LIMS. Since HORIZON is pre -configured with several hundred EPA, ASTM, NIOSH, and related methods, the initial goal is to retain and modify these particular methods for the laboratory's own use. This is a 4-day training course that is usually offered at ChemWare's training facility in Raleigh, however we have included the cost to conduct the training at the City's facility. Advanced Administrator Training Advanced Administrator training provides five (5) additional days of advanced LIMS training, including applied topics such as user -definable calculations and custom action triggers (CATS), instrument interfacing principles, HORIZON database structures and data Attachment_D Statement of Work Matrix.doc Page 52 of 66 Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS Q-2c Separate report training depending on the method of reporting proposed: How to write reports within the LIMS- -from data to report. Q-2d Follow-up training onsite within 30-90 days; explain how system proficiency is ensured after the follow-up training. NOT DESCRIPTION Included PROPOSED LIMS definitions, advanced control table setup and special condition code features, end -user applications and reports development (using ActuateTm, ExcelTm, and related tools), financials, QC charts, subcontract test setup and advanced scheduling techniques. Two days are committed to HORIZON Data Management/Vision, the HORIZON PowerGridTm, and the Extraction Template Builder. At the conclusion of this training, attendees will also be qualified to provide LIMS training to new end - users. This course is intended for system administrators and/or power users with a basic familiarity of Visual Basic and/or other report writing and data querying tools, such as Microsoft Access or Crystal Reports. Additionally, attendees are expected to have participated in the prerequisite System Administrator I and II/III training courses and have a working understanding of the database schema. This course focuses as well on the general Web Portal architecture and administration, as well as the various strategies for deploying and managing an enterprise reporting solution. This course is delivered in two distinct portions. The first part can be delivered by Actuate in general report development principles as part of their public course offerings or online. The first four days of this course can be taken online or at a local Actuate training facility. The final three days of the course will be delivered by ChemWare at the City's training facility. We have included 8 days of end -user training. The first 4 days will occur just prior to cutover and the second 4 days will occur 30-60 days after cutover. The first 4 days of end user training will be broken out by functional group and will focus on tasks and transactions that are specific to each group. User test cases will be supplied. Attachment_D_Statement of Work Matrix.doc Page 53 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS Q-3 Describe the proposed system's training materials (e.g., video, online/CD training, workbooks) to enable future end users to learn the system without need of formal classroom based training. Note: Offering a "train -the - trainer" curriculum is not sufficient for meeting this requirement. Q-4 Describe any third party training necessary for use of the proposed system (e.g., Crystal Reports). Q-5 All training must be provided at City facilities. Designate any costs not covered in this proposal (e.g., travel by the City, and/or any assumptions on available facilities and equipment.) Q-6 Describe the proposed LIMS documentation, including all system administration guides, technical reference guides, training materials, end -user manuals, and report development guides. Q-7 Describe all online help and documentation, including search capabilities, context sensitive searching, etc. Q-8 Describe database documentation available, including entity relationship diagrams, table structures and DESCRIPTION Each user will be able to practice in a test environment. The second end user training course will occur after users have had a chance to use HORIZON for a few months and will serve as both a refresher course and an opportunity to deal with specific issues and use cases that users have experienced. HORIZON provides administrator and end -user training manuals that include detailed learning exercises. The City will have a training database environment for end users to practice and work through the training exercises. ChemWare is not proposing a train the trainer approach. See Q-2c above. ChemWare has included the cost for travel expenses to the City in its proposal. We will work with the City to recommend suitable onsite resources for training (i.e. training computers/databases, projector, flip chart, etc). HORIZON's documentation is extensive, and includes an online System Administrator Guide, Implementation Guide and end -user Help. All three sets of documentation are written in plain English, with full -text search capability. All help documentation is context -sensitive, and browser -based (requires Internet Explorer® 6.x or higher on the user's workstation). See Q-6 above. ChemWare distributes a 4x5' dry erase entity relationship diagram to its customers. The System Administrator Guide documents all of the underlying HORIZON table Attachment D_Statement of Work Matrix.doc Page 54 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS AND NUMBERING definitions, and other associated elements. Q-9 List any third party documentation to be delivered (e.g., Crystal Reports, hardware manuals, label printing guides, etc.) Q-10 Describe any regular user conferences or user group seminars sponsored by the vendor. Q-11 Elaborate appropriately and succinctly any Training and Documentation considerations not called out in this section that are deemed important differentiators or essential methodologies. R System Support R-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. R-2 The system must be maintained to be current with any future O/S or database upgrades such that support for these systems has not expired. Describe the process utilized to ensure compatibility with future versions of the installed platform and the infrastructure environment. NOT Included PROPOSED LIMS DESCRIPTION and database structure. ChemWare does not distribute any standalone third party documentation. All of the integrated third party products are described in ChemWare's standard documentation. The user group meeting is an opportunity for our users to meet with their peers and present suggested improvements to the system. It is also a forum for ChemWare to discuss new features and modules that have been added to HORIZON along with the upcoming development schedule. ChemWare holds a User Group meeting approximately every 12-18 months. The 2008 ChemWare User Group Meeting was held in Chicago, IL. ChemWare goes through a rigorous internal validation process prior to software release. At the time of distribution/installation, we issue a list of operating systems on which the software has been certified. The process is outlined in the documented Quality System procedures which can be made available to the City upon request. The Software Maintenance Agreement stipulates that ChemWare must support the systems/versions for which it has been certified. No software vendor will Attachment D_Statement of Work Matnx.doc Page 55 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS R-3 Describe the ability to provide the following minimum support items: R-3a The system should be provided with telephone and online support during standard business hours (8:00 a.m. to 5:00 p.m. CST). If the vendor's standard support hours fall outside of this time frame, describe the process that will used to support City. R-3b Response time of issues should be within 4 business hours. R-3c The system should be provided with annual upgrades and "bug" fixes as required. DESCRIPTION guarantee certification on "any future O/S or database upgrades" because the vendor has no control over the product release or desupport cycles of the respective third -party software providers. ChemWare's Help Desk is staffed between the regular business hours of 7 am and 5 pm CST, Monday through Friday, excluding standard U.S. Holidays. ChemWare supports all of its customers, from as far west as Anchorage to as far east as Seoul, Korea, from its headquarters in Raleigh, NC. ChemWare prioritizes all incoming support requests. A Priority 1 support issue (Down Production System) requires an immediate acknowledgement and a 1 hr response turnaround with a temporary fix. A priority 2 support issue (Compromised Production System) also requires an immediate acknowledgement and a 4 hr response time with a temporary fix within 2 days. Priority 3 through 5 support issues will receive a response within 1 business day with a resolution or fix on a case by case basis. Generally, all HORIZON updates ("point" releases) are distributed via the Download Center at www.chemware.com. Users are e-mailed an update notice in advance, describing the pertinent features of the update. Any updates to documentation are also downloaded directly from the LIMS Resource Center. ChemWare averages one new "point" release every six months; the point releases are not "service packs," as that term is normally used for releases to fix critical bugs. Our point releases are primarily for new enhancements, Attachment_D_Statement of Work Matrix.doc Page 56 of 66 Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING R-4 R-5 ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS R-3d All upgrades or system patches must be provided with full documentation concerning the nature of the change and the process for its installation. R-3e Phone support must be available during the installation of any issued upgrade/patch. Describe support procedures for incidents occurring outside normal business hours and/or emergency/critical situations. Describe the process for system updates such that no content, links, configuration settings, files, etc. are abandoned. NOT DESCRIPTION Included PROPOSED LIMS although minor bugs will have also been addressed. Major upgrades (new version numbers) are distributed on CD. The CDs include detailed release notes (a full release history is also available for download by customers from the LIMS Resource Center), installation instructions, and automated InstallShield® scripts. Minor releases and patches can be downloaded from ChemWare's website with full documentation. This is a standard part of the support/maintenance agreement. We would highly recommend that you notify the ChemWare Help Desk in advance of any such installation to make sure we are aware you are doing this and on standby. However, if you follow proper procedures, any such upgrade/patch would be installed on your Test system first, validated, and then moved over into the Production system. "Emergency support" (240065) is also optionally available to customers operating mission -critical laboratories requiring production -emergency support beyond normal working hours. Therefore, the City could X establish an emergency support option to its standard maintenance agreement, which would provide access to emergency beeper/cell phone support in the event of a production -emergency occurring after 6 pm Eastern Time (5 pm CST). ChemWare never changes the database structures such that they could break end -user extensions to the system (e.g., eliminating a table or field), and we provide detailed release notes with an impact statement to allow users to understand what changes were made within a new release and to help them perform validation on custom reports, interfaces, etc., if applicable. Attachment D_Statement of Work Matrix.doc Page 57 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS AND NUMBERING R-6 Provide a statement guaranteeing future compatibility and "seamless" upgrade assuming an annual support agreement is maintained. R-7 Describe any additional support functions offered as part of the proposed system (e.g., off -hours support availability). R-8 Describe, with examples, the prioritization of support calls and the intended response time for resolution of each level of priority. R-9 Fully describe the path for support issue escalation. NOT DESCRIPTION Included PROPOSED LIMS The HORIZON warranty, and thereafter your annual Software Maintenance Agreement, includes all HORIZON updates available during the period. ChemWare goes to great lengths to ensure that customer extensions and customizations will not be affected by the new release and provides a detailed impact statement with new releases for the customer to evaluate. ChemWare also provides release scripts and templates to aid in the transition to a new software release however, the City is ultimately responsible for rigorously testing any new software release prior to putting it into production. See R-4 above. See R-3b above. Support issues are triaged and prioritized as received. ChemWare uses a web -based project management system (PPSA Projector to ensure accurate tracking and timely resolution of implementation -related issues, and a professional software support tracking system (TeamTrack(r') to ensure timely resolution and track escalation of any support -related issues. Projector also allows the customer to view project status reports and an issue log, among other reports and project -related documents (including customization/development-related RSSCs), from any web browser. For routine support inquiries to the Help Desk, a Technical Support Request (TSR) is initiated in the tracking system, and assigned a ticket number, owner, and priority. If the issue is the Attachment_D_Statement of Work Matrix.doc Page 58 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT DESCRIPTION AND Included NUMBERING PROPOSED LIMS result of a software defect that renders the software unusable (e.g., down production system, critical sample or data processing halted), the TSR is characterized as a Priority 1 emergency, and all commercially -reasonable measures are extended to resolve the issue as quickly as possible. In the event that an issue requires a software change, ChemWare project personnel will file a Software Change Request (SCR). SCRs have a severity priority assigned by ChemWare. The City is then provided with commitment dates for each SCR. If the City believes that proper attention is not being given to a reported issue, project personnel will follow the escalation path identified in the Project Team organization chart. R-10 Indicate the duration of continued maintenance and The last two major releases of HORIZON LIMS are support for superseded releases. officially supported by the Help Desk. However, if there are issues with older versions of the software, ChemWare makes its best effort to support customers on older versions, though patches and other means of issue resolution may not be available. R-11 Describe any annual roadmap sessions available to The formal product roadmap is discussed in detail during communicate near -term functionality upgrades to clients. the HORIZON User Group meetings. Ongoing conversations between the ChemWare PM and customers take place as required to keep customers abreast of any changes that may impact their implementation. R-12 Provide the cost difference between standard business To access 24x7 emergency technical support, the "On hour support and 24x7 support, if available. Call "Emergency Support Option coverage must be established in advance according to the terms and pricing described in Exhibit A of the Technical Services X Agreement attached to this proposal. We don't believe this will be necessary for the City; however, the option is certainly available. Emergency support applies to application -related emergencies after the LIMS is in full production, not to routine Help Desk or implementation Attachment_A_Statement of Work Matrix.doc Page 59 of 66 Rev. 2/2/2010 i ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS R-13 Describe any activities offered to ease the transition from implementation to support. R-14 Elaborate appropriately and succinctly any System Support considerations not called out in this section that are deemed important differentiators or essential functionality. S Data Archival and Backup S-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. DESCRIPTION questions. Normal working hours for Help Desk support are Sam — 6pm ET, Monday -Friday, except holidays. None of ChemWare's water quality laboratory customers utilize the Emergency Support Option, but this is probably more a factor of the system up-time/reliability than of their operations being single- or multi -shift. ChemWare's Project Manager usually manages the account for the first few months in production as this is a time when ongoing communication is essential. The PM will gradually transition the account to support that will have access to customer documentation and a copy of the customer's database (if allowed by the customer) so that they can recreate any issues the customer may be experiencing. Usually, archiving of data is not necessary any more frequently than every two or three years. The purpose of an archive is to reduce the amount of online data so that the database can be more efficiently accessed. The approach we recommend maintains the archive in an Oracle database —a database that is separate from the online production database. This means that all regular HORIZON transactions that are compatible with the archived samples can be viewed, re -reported, etc. There is no requirement to "roll forward" the archive for each new release of Oracle. Currently none of our users takes an archive of the LIMS data — all of the data is left online indefinitely. There are no performance problems, even Attachment_D_Statement of Work Matriz.doc Page 60 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT DESCRIPTION AND Included NUMBERING PROPOSED LIMS S-2 Describe any data archival utility feature including timing and frequency of archival, record selection and retention (e.g., by date, sample number, etc.), restore options, etc. S-3 Is the LIMS provided with an inherent backup utility or does the system rely on the backup systems and processes of the operating environment (i.e., server and operating system)? Describe the functionality and/or the vendor's recommendation with respect to other tools/options for backup and/or archival. S-4 Describe the proposed systems ability to retrieve archived data for inclusion in reports, and how report data may be used to obviate the need for voluminous long-term data storage. Include any 'restore' functionality and/or any limitations on the querability of such data. with laboratories processing up to 8,000 samples/day since the 1998. See S-1 above The backup software should have an "agent" that allows for unattended hot backup of the database, such as the Symantec Backup ExecTM system (not included in this proposal). The backup operator indicates to the Oracle database instance that a backup is about to occur on a specific tablespace. All the files for that tablespace are copied to backup media. Upon completion of the tablespace backup, the backup operator indicates to the Oracle database instance that the tablespace backup is X completed. This process continues until all the tablespaces are backed up. Upon completion of the backup of all the tablespaces, backup of the mirrored control file and redo log files, as well as the archived redo log files, takes place. ChemWare distributes recommended database backup documentation to all new customers and the topic is also covered in System Administrator Training. We are assuming that the City will keep all of its data online in HORIZON (See S-1 above). Should the database crash the recovery of an Oracle database backed up under the hot backup scheme does not have to be recovered as a set. If a single tablespace must be recovered, the files belonging to that tablespace are recovered and the data found in the archived redo log files (and active redo log files) is applied to the database instance. The net effect is that recovery is virtually up to Attachment D Statement of Work Matrix.doc Page 61 of 66 Rev. 2/2/2010 SECTION T ATTACHMENT D — REQUIREMENTS MATRIX CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS S-5 Describe the ability to purge data from the system after a specified amount of time. S-6 Elaborate appropriately and succinctly any Data Archival and Backup considerations not called out in this section that are deemed important differentiators or essential functionality. Security T-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. T-2 The LIMS system shall provide security features to ensure that only authorized individuals enter, view and modify data. Access levels shall be definable to restrict use of system level functions (such as user authorization), and to provide data access levels to restrict the use of data entry, data approval, data retrieval, data modification, database structure creation or modification functions. Describe the security features of the proposed system, covering items such as system login, user validation (usemame/password), user groups, establishing privileges, DESCRIPTION the point of impact. The only data loss should be the last transaction that was in progress at the time of the failure. ChemWare is recommending that the City keep all of its records online, as is the case with nearly all other HORIZON users. The system was designed for scalability, and performance should never suffer as long as the server hardware is not under -sized. Even our largest customers (including several of the largest commercial environmental and clinical laboratories in the U.S.) never take an archive or purge data. HORIZON implements security at several levels. You have complete control in establishing user authorities and defining classes. HORIZON institutes role -based security mechanisms that provide levels of visibility and update capability appropriate for the tasks being performed. Associated with each user is a list of queues, procedures, and expiration dates (to control analyst certification periods). Update access for a certain test method or procedure is prohibited if this is not one of the analyst's permitted queues or procedures. Only super -users at the DBA level have access to the underlying tables through the Attachment_D_Statement of Work Matrix.doc Page 62 of 66 Rev. 2/2/2010 SECTION CATEGORY AND NUMBERING etc. ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS NOT Included PROPOSED LIMS T-3 Describe the ability of the system to allow for complex passwords and forced expiration of passwords. T-4 Describe the ability for the LIMS to allow restriction for: T-4a Individual screens T-4b Menus T-4c Tables T-4d Reports T-4e Quality control functions T-4f Other (please specify) T-5 Describe the auditing information (e.g., last user, last updated) stored with each non -sample database record (e.g., inventory) including any user definable options for DESCRIPTION HORIZON Rules Engine. Unique logon IDs and passwords map the user to a `user class," which controls database access, paints the menus with the appropriate set of menu items, and provides update or read-only access to Oracle tables and columns specific to the user class. Any number of user classes may be defined, and any level of granularity may be established in setting up these classes. As required by 21 CFR Part 11 for Electronic Record Keeping, a timeout feature prevents unauthorized access to unattended workstations. Key user actions are audit trailed automatically, including modification of results. HORIZON includes the ability to set user time-out and user log -out as standard configuration settings. The algorithm used for defining acceptable passwords can be defined by our clients. See T-2 Above See T-2 Above See T-2 Above See T-2 Above See T-2 Above HORIZON requires a unique username and password combination and provides a role -based security model that prevents system access or data modification without proper security privileges. The identity of the user and a Attachment D Statement of Work Matrix.doc Page 63 of 66 Rev. 2/2/2010 I SECTION CATEGORY AND NUMBERING the same. ATTACHMENT D — REQUIREMENTS MATRIX LIMS REQUIREMENTS NOT Included PROPOSED LIMS T-6 Elaborate appropriately and succinctly any Security considerations not called out in this section that are deemed important differentiators or essential functionality. U Invoicing and Future Considerations U-1 GENERAL RESPONSE / DESCRIPTION for this section as noted on line 2. U-2 The City may provide analytical services to external agencies and send invoices as needed. Describe the proposed systems ability to track analyses by customer, to assign costs by sample or test, and to produce invoices. Please fully describe the system's fee structure capabilities. DESCRIPTION date timestamp are attached to every update of sample or batch information. HORIZON maintains a full audit trail displaying the "before" and "after" values, date and time of change, person making the change, reason for change, and optional free -format explanation for the change. Capture of auditing information can be enabled in the background ("quiet" auditing). A button is lit on the HORIZON tool bar to show when a workorder, sample, or batch has an underlying audit trail. Clicking on this button displays the audit trail. A standard audit report is also delivered with the system. Reports delivered to the HORIZON Web Portal are delivered to an individual's inbox based on their user class or recipient property. Access to the web portal requires a LIMS username and password administered within HORIZON i.e. single sign -on. Reports transmitted from the Web Portal can be encrypted if delivered outside of the City's firewall. Laboratories can generate both quotes and invoices directly from HORIZON, though the LIMS may also be configured to use your existing accounting and invoicing system, if preferred. Any number of cost or price sheets can be carried within HORIZON. A price sheet can be defined as a percentage of another cost/price sheet and as a function of test turnaround. The cost/price sheet contains prices for each analysis code and, optionally, other pricing strategies, such as pricing per procedure (actual work scheduled), time and materials rates, a fixed fee assigned by the Attachment_D_Statement of Work Matrix.doc Page 64 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT AND Included NUMBERING PROPOSED LIMS U-3 Describe the LIMS contact management system used to maintain addresses and other relevant information that can be assimilated on an invoice. U-4 Describe the proposed system's cost accounting and management functions for tracking invoice payment and for maintaining accounts payable information (e.g., from DESCRIPTION project manager, supply costs or any miscellaneous charge(s). In addition to the price sheet, special price quotations for an individual test or a group of tests may be defined at the profile level. HORIZON produces invoices on a sample or workorder basis, or by period/timeframe. Invoices are always specific to a project, client or profile, and link to a purchase order number, if supplied. When invoicing by period, the cutoff dates for each period can be configured system -wide or by client, so one client can be invoiced monthly while another is invoiced quarterly. When the invoice is generated, an export file of billable charges is also created, so that charges and breakdown by general ledger account can be automatically fed into the laboratory's Accounts/Receivable system. Invoices, including the charge detail, remain online for inquiry purposes. Any number of addresses or contacts, and how each is to be used, can be associated with a given client or project. A list of phone numbers is also carried for each address. A reporting contact can be set up for different delivery methods, such as Web Portal, fax, e-mail, or hardcopy. HORIZON is delivered with a zip code database, which defaults the city and state from the entered zip code. HORIZON also has an online Phonelog for registering details of client correspondence, classifying the concern, capturing free -form notes, and scheduling follow on activities (of either an administrative or analytical nature). HORIZON does not replicate the functionality of a true accounting system. HORIZON does billing (actually printing the invoice) but does not track the status of Attachment_D_Statement of Work Matrix.doc Page 65 of 66 Rev. 2/2/2010 ATTACHMENT D — REQUIREMENTS MATRIX SECTION CATEGORY LIMS REQUIREMENTS NOT DESCRIPTION AND Included NUMBERING PROPOSED LIMS contract laboratories). U-5 Describe the ability of the system to import payment details from a spreadsheet and allow external customers to view the status of an invoice. U-6 Elaborate appropriately and succinctly any Future Considerations not called out in this section that are deemed important differentiators or essential functionality. V Other Requirements V-1 Elaborate appropriately and succinctly any other requirements not called out in this document and are deemed important differentiators, essential functionality, or contributing methodologies. Accounts Receivable. Past due accounts can be put on hold in HORIZON which can automatically create an administrative unit of work for the Project Manager to contact the client should new samples arrive from a delinquent account. Invoices can be published to specified users' web portals for inspection, download or printing. The web portal will also allow users to have full access to their invoices and are free text searchable. Attachment_D Statement of Work Matrix.doc Page 66 of 66 Rev. 2/2/2010 ATTACHMENT E — PAYMENT SCHEDULE HORIZON LIMS PAYMENT SCHEDULE City of Forth Worth Summary Total Software Amount $189,584 Total Services Amount' $172,065 Travel Amount2 $13,500 (Reference Site Discount) ($25.510) _ Total Amount $349,639 Milestone Payment Schedule # Milestone Projected Date Amount 1 Installation of Software/IQ March 2010 $111,999 - Software $94,792 - Services $17,207 2 Delivery of Initial System Configuration May 2010 $53,372 - Software $18,959 - Services $34,413 3 Delivery of Advanced Configuration Items July 2010 $89,537 Software $37,917 - Services $51,620 4 System Acceptance October 2010 $43,891 " - Services $34,412 - Software $9,479 5 Go-Live3 November 2010 $26,686 - Software Holdback $9,479 - Services $17,207 6 Delivery of Second End -User Training3 $10,654 - Software Holdback $18,958 - Services $17,206 - Reference Site Discount ($25,510) Subtotal: $336,139 Travel $13,500 Total: $349,639 All Milestone Payments are upon conclusion of written City acceptance in accordance with the terms of the Professional Services Agreement (PSA). 'Total Services Amount is based on service hours, tasks/deliverables, resources, timelines, and scope of work described in Statement of Work, Attachment C to the PSA. Includes provisions for (1) weekly Progress Meeting with written progress report (30 minute teleconference); (2) monthly Onsite Progress Meeting; and (3) two Onsite Milestone "Executive Briefings" (presentations). Services line items in above Milestone Payment Schedule are approximate; actual Services delivered/accepted for each Milestone will be invoiced/paid. Attachment _E._Payment Plan.doc Page 1 of 1 Rev 2/2/2010 ATTACHMENT E — PAYMENT SCHEDULE 2Travel Expenses will be expensed as they are incurred with a maximum total expenditure of $13,500. The majority of onsite visits will be from the Austin Service Center and will not require a flight. Mileage " expenses are included in the per diem. 3The City will not unreasonably withhold or delay release of a milestone -based payment, including holdbacks, if progress on the milestone is delayed by the City. WE Md i do i MW MW M Attachment _E_Payment Plan.doc Page 2 of 1 Rev 2/2/2010 ATTACHMENT F — HARDWARE INFRASTRUCTURE am ... Proposed Hardware Configuration (subject to change) Am s am am m aw 00 so do no No Attachment_F_Hardware Infrastmctum.doc Page Iof 1 Re 22/2010 00 HORIZON® LIMS Enterprise Computing Topology Web Portal Traffic Port 8000 SOAP Port 8700 HTTP Port 443 SSL 110. eMail Fax Port 80 IIS /� Port 1521 Port 2500-2509 Oracle Client Instrument Data Encrypted Port 7777 Port 7778 Instrument Data 411 COA's v PC Workstation • IE8 Web Browser Oracle Forms Server Oracle Client Win2003 Server Port 1521 Running: • Oracle Forms 10g Services Actuate IServer 1IV1n2003 Server Running: • Actuate iServer -Web Portal for Internal Users Private Network HORIZON/Oracle 10g db Win2003 Server- Oracle 10g db (Embedded or ASFU) NuGenesis/Oracle 10g db VYn2003 Server • NuGenesis Portal on IIS • Oracle 10g (Embedded) ONN ATTACHMENT G — INSTRUMENT LIST .. This attachment includes the list of Laboratory instruments. ChemWare has annotated the list with the following footnotes to indicate which instrument interfacing technique will be used: HDM = Extraction Template technique using Waters NuGenesis® Scientific Data Management System (SDMS) included in the HORIZON Data Management technology suite for print -to -database capture of both image and extracted data/text DI = Data Innovations Instrument Manager® technique for capturing RS232/binary, HL7, or ASTM data stream from instrument LL = Labtronics LimsLink ExpressTM, CollectTM or other applicable Labtronics interfacing technique for parsing instrument text file (or capturing RS232 data stream, if text file is not available) Instrument Four (4) HP Gas Chromatographs w/ Mass Spectrometry Four (4) HP Gas Chromatographs w/ Dual Micro Electron Capture Detectors One (1) HP Gas Chromatograph Dual Flame Photometric Detector One (1) Inductively Coupled Plasma Mass Spectrometry Two (2) BOD Analyzers One (1) D IONEX _ One (1) Smartchem One (1) Leeman Mercury Analyzer One (1) Denver Analytical Balance Two (2) Ohaus Analytical Balances One (1) Shimadzu TOC Analyzer One (1) Thermo TOX Analyzer Suggested Interfacing Technique HDM HDM HDM LL HDM LL LL LL/Collect LL/Collect LL LL Note: The City has obtained 5 licenses for Labtronics' LimsLink and 3 licenses for Labtronics Collect 6.0. Attachment_G_Lutrument List.doc Page W2 Rev. 2/2/2010 ATTACHMENT G — INSTRUMENT LIST i r r ao M M Assumptions: • ChemWare is assuming that all of the HP GC's have identical or highly similar report formats. • ChemWare will leverage the City's existing LimsLink and Collect licenses. Attachment_G_Instmment LleLdoc Page 2of 2 Rev. 2/2/2010 Acode $300 300 $502 $508 $524 $525 $551 $552 $608 $625 $1657 $8081 $8082 $8141 $8240 $8260 $8270 $300S $524PHARM $524SM $525SM $556SM $608UNQ $624M $624MA $624MUNQ $624SP $625L $625SM $625SP $625UNQ $8081 S $8270SM $ATRAZINE $BTEX $CH $DB21 MET $DBMET $DTMET $DW PARTA $EMEMDISMET $EMEMPILOT $GEOSMIN $INMET $INMTA $INMT-AS $L3TEST2 $METALSTEST $METPREP $MONITORINGW ELLMETALS $MTBE Attachment H: Test Methods Aname Bromate Part B Anions Trihalomethanes Screening Chlorinated Pesticides/PCB Volatile Organics Semi -Volatile Organics Haloacetonitriles* Haloacetic Acids Chlorinated Pesticides/PCBs Semi -Volatile Organics OP Pesticides Chlorinated Pesticides PCB OP Pesticides Volatile Organics Volatile Organics Semi -Volatile Organics Part B Surrogate Volatile Organics Volatile Organics Screen Semi -Volatile Organics Screen Carbonyls* Chlorinated Pesticides Volatile Organic Acidified Volatile Organic Volatile Organic Volatile Organics Semi -Volatile Organics Semi -Volatile Organics Screen Semi -Volatile Organics Semi -Volatile Organics Chlorinated Pesticides Semi -Volatile Organics Screen Semi -Volatile Organics BTEX Chloral Hydrate Drying Bed 21 Metals Drying Bed 21 Metals Distribution Metals Part A Anions EM MEM Dissolved Metals EM MEM PILOT Metals Taste & Odor Compounds Industrial Metals Industrial Metals No Arsenic Industrial Metals W/O AS LCS Recovery for Trihalomethanes Metals Prep Test Metals Prep Monitoring Well Metals Volatile Organics Aref EPA 300.1 EPA 300.1 THM Screen EPA508 EPA524.2 EPA525.2 EPA551.1 EPA 552.2 EPA608 EPA625 EPA1657 EPA8081A EPA 8082 EPA8141 EPA8240 EPA8260 EPA8270 EPA300.1 EPA524.2 EPA524.2 EPA525SM EPA556 EPA608 EPA624 EPA624 EPA624 EPA624 EPA625 EPA625 EPA625 EPA625 EPA8081 A E PA8270 EPA525.2 EPA624 EPA551.1 EPA 200.8 EPA 200.8 EPA 200.8 EPA300.0 EPA 200.8 EPA 200.8 SM6040D EPA 200.8 EPA 200.8 EPA 200.8 EPA524.2 EPA 200.8 EPA 200.8 EPA 200.8 EPA524.2 Attachment H: Test Methods $MWMET Monitoring Well Metals EPA 200.8 $PCB Polychlorinated Biphenyls EPA608 $PCOUNT Partical Counts SM2560 B $PEMET Performance Evaluation Metals EPA 200.8 $PSDMETALS PSD Metals EPA 200.8 $PSDMONTHLYMETALS PSD Monthly Metals EPA 200.8 $PSDUNQMETALS PSD Unique Metals EPA 200.8 $SLMET Sludge Metals EPA 200.8 $SPMET Special Metals List EPA 200.8 $TCEQATRAZINE MC Select Semi -Volatile Organics EPA525.2 $TCEQHERBICIDES MC Select Semi -Volatile Organics EPA525.2 $TEST1 Trihalomethanes EPA524.2 $TEST2 Trihalomethanes EPA524.2 $TESTMET Industrial Metals EPA 200.8 $TTHM Trihalomethanes EPA524.2 $VCMETALS Village Creek Metals EPA 200.8 $WSMETALS WS Proficiency Metals EPA 200.8 $WWMETALS Wastewater Metals EPA 200.8 $WWMETALSPPB Wastewater Metals PPB EPA 200.8 $W W PARTA Part A Anions EPA300.0 $WWPCF Metals Prep Conversion Factor EPA 200.8 $WWPPPB Metals Prep (PPB) EPA 200.8 ' 1112TCLE 1,1,1,2-Tetrachloroethane EPA524 111 TCLET 1,1,1-Trichloroethane EPA624 1122TCLE 1,1,2,2-Tetrachloroethane EPA624 112TCLET 1,1,2-Trichloroethane EPA624 11 DCLETA 1,1-Dichloroethane EPA624 11 DCLETE 1,1-Dichloroethene EPA624 11 DCLETN 1, 1 -Dichloroethylene EPA624 11 DCLPRO 1,1-Dichloropropene EPA524 123TCLBZ 1,2,3-Trichlorobenzene EPA524 123TCLPR 1,2,3-Trichloropropane EPA624 1245TCB 1,2,4,5-Tetrachlorobenzene EPA625 124TCLBE 1,2,4-Trichlorobenzene EPA625 124TMYBE 1,2,4-Trim ethyl benzene EPA525 - 12DB3CLP 1,2-Dibromo-3-Chloropropane EPA624 12DBETHN 1,2-Dibromoethane EPA624 12DBMETH 1,2-Dibromoethane EPA624 12DCLBEN 1,2-Dichlorobenzene EPA624 12DCLETH 1,2'-Dichloroethane EPA624 12DCLPRO 1,2-Dichloropropane EPA624 12DPHHYN 1,2-Dipehnylhydrazine EPA625 12TDCLEN 1,2-trans-Dichloroethene EPA624 13DCLBEN 1,3-Dichlorobenzene EPA624 13DCLPRO 1,3-Dichloropropane EPA624 ' 13TMYBEN 1,3,5-Trimethylbenzene EPA524 14DCLBEN 1,4-Dichlorobenzene EPA624 141DIOXIN 1,4-Dioxin EPA624 22DCLPRO 2,2-Dichloropropane EPA624 245TCHLP 2,4,5-Trichlorophenol EPA625 246TCHLP 2,4,6-Trichlorophenol EPA625 24DCHLPH 2,4-Dichlorophenol EPA625 A Attachment H: Test Methods 24DMYLPH 2,4-Dimehtylphenol EPA625 24DNITOL 2,4-Dinitrotoluene EPA625 24DNITPH 2,4-Dinitrophenol EPA625 26DNITOL 2,6-Dinitrotoluene EPA625 2BUTANON 2-Butanone EPA624 2CHLETVE 2-Chloroethyl Vinyl Ether EPA624 2CHLOPH 2-Chlorophenol EPA625 2CHLOTL 2-Chlorotoluene EPA525 2CLNAPHT 2-Chloronaphthalene EPA625 2HEXANON 2-Hexanone EPA624 2NITROPH 2-Nitrophenol EPA625 2PICOLIN 2-Picoline EPA624 300BR Bromide EPA 300.0 300M Bromate Screen EPA 300.1 33DCLBEN 3,3-Dichlorobenzidine EPA625 44DDD 4,4'-DDD EPA608 44DDE 4,4'-DDE EPA608 44DDT 4,4'-DDT EPA608 46DN2MPH 4,6-Dinitro-2-Methyl phenol EPA625 4BRPHETH 4-Bromophenyl Phenyl Ether EPA625 4CHUMPH 4-Chloro-3-Methylphenol EPA625 4CHLOTOL 4-Chlorotoluene EPA525 4CLPHETH 4-Chlorophenyl Phenyl Ether EPA625 4MYL2PEN 4-Methyl-2-Pentanone EPA624 4NITROPH 4-Nitrophenol EPA625 524RXLONG 524 Pharmeceuticals Long List EPA524.2 524RXSHORT 524 Pharmeceuticals Short List EPA524.2 A-BHC Alpha-BHC EPA608 ACENAPHT Acenaphthene EPA625 ACENAPHY Acenaphthylene EPA625 ACETNTRL Acetonitrile EPA624 ACETONE Acetone EPA624 ACROLEIN Acrolein EPA624 ACRYLNI Acrylonitrile EPA624 AG Silver EPA200.8 AL Aluminum EPA200.8 ALACHLOR Alachlor EPA508 ALDRIN Aldrin EPA608 ALK Total Alkalinity SM2320 B ALK310 Total Alkalinity EPA 310.2 ALK310SM Total Alkalinity Scan SM2320 B ALKSC Total Alkalinity EPA 310.2 ALKSM Total Alkalinity Scan SM2320 B ALKSMSC Total Alkalinity Scan for smartchem SM2320 B ANTHRACE Anthracene EPA625 ARC01016 Aroclor-1016 EPA608 ARC01221 Aroclor-1221 EPA608 ARC01232 Aroclor-1232 EPA608 ARC01242 Aroclor-1242 EPA608 ARC01248 Aroclor-1248 EPA608 ARC01254 Aroclor-1254 EPA608 ARC01260 Aroclor-1260 EPA608 Attachment H: Test Methods AS Arsenic EPA200.8 ATRAZINE Atrazine EPA508 AYLCHLOR Allyl Chloride EPA624 AZNMETHL Azinphos Methyl EPA8141 B2CLETHE Bis(2-chloroethyl)ether EPA625 B2CLMETH Bis(2-chloroethoxy)methane EPA625 B2CLPRET Bis(2-chloroisopropyl)ether EPA625 B2ETPHTH Bis(2-ethylhexyl)phthalate EPA625 BA Barium EPA200.8 B-BHC Beta-BHC EPA608 BCAA Bromochloroacetic Acid EPA522.2 BCAN Bromochloroacetonitrile EPA551.1 BDCAA Bromodichloroacetic Acid EPA522.2 BE Beryllium EPA200.8 BENZDINE Benzidine EPA625 BENZENE Benzene EPA624 BOD Biochemical Oxygen Demand SM 5210 B BOD1 Biochemical Oxygen Demand SM 5210 B BOD7M 7 Day Biochemical Oxygen Demand SM 5210 B BOWSETUP 7 Day BOD Set Up SM 5210 B M BODFIL BOD-Soluble SM 5210 B BODFILSET BOD-Soluble Set Up SM 5210 B BODPART BOD - Particulate SM 5210 B BODSETUP BOD Set Up SM 5210 B BROCLBEN Bromochloromethane EPA524 BROMACIL Bromacil EPA508 BROMOBEN Bromobenzene EPA524 BROMOFOR Bromoform EPA502.2 BROMOMET Bromomethane EPA624 BUBNZPHL Butylbenzylphthalate EPA525 BUTACHLR Butachlor EPA508 BZANTHRA Benzo(a)anthracene EPA625 BZBFLUOR Benzo(b)fluoranthene EPA625 BZBUPHTH Benzyl butyl phthalate EPA625 BZKFLUOR Benzo(k)fluoranthene EPA625 BZPERYLE Benzo(ghi)perylene EPA625 BZPYRENE Benzo(a)pyrene EPA625 C12DCLET cis-1,2-Dichloroethene EPA524 C13DCLPR cis-1,3-Dichloropropene EPA624 C14DCL2B cis-1,4-Dichloro-2-Butene EPA624 CA Calcium Hardness SM3500 Ca B CALCIUM Calcium as Calcium SM3500 Ca B CBOD Carbonaceous BOD SM 5210 B CBODSETUP CBOD Set Up SM 5210 B CD Cadmium EPA 200.8 CDBAA Chlorodibromoacetic Acid EPA552.2 CDISULFI Carbon Disulfide EPA624 CHBR2CL Chlorod ibrom om ethane EPA502.2 CHBR3 Bromoform EPA502.2 CHCL2BR Dichlorobromomethane EPA502.2 CHCL3 Chloroform EPA502.2 CHLBENZE Chlorobenzene EPA624 M so id Attachment H: Test Methods CHLETHAN Chloroethane EPA624 CHLORDAN Chlordane EPA608 CHLORDNA Chlordane (alpha) EPA508 CHLORDNC Cis-Nonachlor EPA525 CHLORDNG Chlordane (gamma) EPA508 CHLORDNT trans-Nonachlor EPA508 CHLORPYF Chlorpyrifos EPA8141 CHLPYPHS Chlorpyrophos EPA8141 CHLRMETH Chloromethane EPA624 CHRYSENE Chrysene EPA625 CHYLLA Chlorophyll A SM10200H CL Chloride SM4500-CI- B CL2 Total Chlorine Residual SM4500-CI F CL2SM Total Chlorine Residual Screen Method SM4500-CI F CLE Chloride SM4500-CI E CLESC Chloride SM4500 Cl- E CL-T Chloride - TRACCS SM4500-CI B CN Cyanide Hach 8027 CNM Cyanide Modified Hach 8027 CNMSM Cyanide Modified Scan Hach 8027SM CO Cobalt EPA200.8 CO3 Carbonate as CaCO3 SM 4500-CO2D COD Chemical Oxygen Demand HACH 8000 COLOR Color - Rusty, Yellow, or Dirty SM2120 B COND Conductivity SM2510 B CR Chromium EPA200.8 CRESOLS Cresols EPA625 CTETACHL Carbon Tetrachloride EPA624 CU Copper EPA200.8 D2ETYLAD Di-(2-ethylhexyl)adipate EPA525 D2ETYLPH Di-(2-ethylhexyl)phthalate EPA525 DAL Dissolved Aluminum EPA200.8 DALAPON Dalapon EPA522.2 DAS Dissolved Arsenic EPA200.7 DBAA Dibromoacetic Acid EPA522.2 DBAN Dibromoacetonitrile EPA551.1 DBENANTH Dibenz(a,h)anthracene EPA625 D-BHC Delta-BHC EPA608 DBRCLMET Dibromochloromethane EPA524 DCAA Dichloroacetic Acid EPA522.2 DCAN Dichloroacetonitrile EPA551.1 DCLFLMET Dichlorofluoromethane EPA624 DEMETNO Demeton-O EPA1657 DEMETNS Demeton-S EPA1657 DEMETONO Demeton (0 and S) EPA1657 DETPHTHA Diehtyl phthalate EPA625 DFE Dissolved Iron EPA200.7 DIAZINON Diazinon EPA8141 DIBRMETH Dibromomethane EPA524 DICL2 Dichloramines SM4500-CI F DICLDFME Dichlorodifluoromethane EPA524 DICOFOL Dicofol EPA 625 Attachment H: Test Methods DIELDRIN Dieldrin EPA608 DIGALK Digester Total Alkalinity SM2320 B -• DIGPH pH SM4500-H+ B DIGTS% Digester Total % Solids SM2540 B DIGVTS Digester Volatile Total % Solids SM 2540 G DISULFTN Disulfoton EPA8141 DMTPHTHA Dimethyl Phthalate EPA625 DNBUPHTH Di-n-butylphthalate EPA625 DO Dissolved Oxygen SM4500-0 G DOC Dissolved Organic Carbon SM 5310B DOC415 Dissolved Organic Carbon EPA 415.3 DOC415SM Dissolved Organic Carbon Scan EPA 415.3 DOCTPHTH Di-n-octylphthalate EPA625 DPO4 Dissolved Phosphorus SM4500-P F DWALK Total Alkalinity SM2320 B DWBOD Biochemical Oxygen Demand SM 5210 B DWCA Calcium Hardness SM3500 Ca D DWCADMIUM DWCadmium EPA200.8 DWCHROMIUM DWChromium EPA200.8 DWCL Chloride SM4500-CI B DWCNM Cyanide Modified Hach 8027SM DWCOD Chemical Oxygen Demand HACH 8000 DWCOND Conductivity SM2510 B DWCOPPER DWCopper EPA200.8 DWF300 Fluoride EPA 300.0 DWFCOLI Fecal Coliform SM9222 D DWHARD Total Hardness SM2340 C DW IRON DW Iron EPA200.8 DWLEAD DWLead EPA200.8 DWMANGANESE DWManganese EPA200.8 DWNH3 Ammonia - Nitrogen HACH 8038 DWNH3PRO Ammonia - Nitrogen Probe SM4500NH3 F DWNH3SM Ammonia - Nitrogen Screen Method HACH 8038 DWNICKEL DWNickel EPA200.8 DW NO3 Nitrate SM4500NO3D DWNO3H Nitrate Hach HACH 8171 DWNO3T Nitrate - TRAACS SM4500NO3F DWNO3-T Nitrate - TRAACS SM4500NO3F DWOPO4-T Ortho-Phosphorus TRAACS SM4500-P F DW PDCU Copper EPA200.8 DWPDPB Lead EPA200.8 DWPH pH SM4500-H+ B DWS1O2SM Dissolved Silica Screen Method HACH 8185 DWSO4 Sulfate SM4500-SO4 E DWTCOLI Total Coliform SM9223 DWTCOLIQ Total Coliform (QT) SM9223 DWTDS Total Dissolved Solids SM2540 C DWTDSPROBE Total Dissolved Solids SM1030 F DWTPO4 Total Phosphorus EPA 365.4 DWTSS Total Suspended Solids SM2540 D DWTURB Turbidity SM2130 B ,. DWUV254 UV254 SM5910 B 10 H Attachment H: Test Methods DWZINC DWZinc EPA200.8 EBENZENE Ethyl Benzene EPA624 ECOLI Ecoli SM9223 ECOLIQ EColi (QT) SM9223 ENDOSUFI Endosulfan I EPA608 ENDOSUII Endosulfan II EPA608 ENDOSUSL Endosulfan Sulfate EPA608 ENDRIN Endrin EPA608 ENDRINAL Endrin Aldehyde EPA608 EPN EPN EPA8141 ETHION Ethion EPA8141 ETYLMETC Ethyl Methacrylate EPA624 F Fluoride SM4500 F C F300 Fluoride EPA 300.0 FCOLI Fecal Coliform SM9222 D FE Iron EPA200.8 FIELDCL2 Field -Total Chlorine Residual HACH DPD FLUOATHN Fluoranthene EPA625 FLUOBENZ Fluorobenzene EPA524 FLUORENE Fluorene EPA625 FREECL2 Free Chlorine SM4500-CI F FREENH3 Free Ammonia - Nitrogen SM4500NH3 F FSS Fixed Suspended Solids SM209 D G-BHC Gamma-BHC EPA608 H2S Hydrogen Sulfide SM4500-S2 D HARD Total Hardness SM2340 C HARD130 Total Hardness EPA130.1 HARD130SM Total Hardness Scan SM2340 C HARDSC Total Hardness EPA 130.1 HARDSM Total Hardness Scan SM2340 C HARDSMSC Total Hardness Scan smartchem SM2340 C HCO3 Bicarbonate as CaCO3 SM18th4500-CO2D HEPTACHL Heptachlor EPA608 HEPTCLEP Heptachlor Epoxide EPA608 HEXCHBUT Hexachlorobutadiene EPA524 HEXCHCYP Hexach lorocyclo pentad iene EPA625 HG Mercury EPA 245.1 HGPPB Mercury PPB EPA 245.1 HPC Heterotrophic Plate Count SM9215 B HXCLBENZ Hexach loro benzene EPA625 HXCLBUTA Hexachlorobutadiene EPA625 HXCLCPTD Hexach lorocyclo pentad iene EPA508 HXCLETHA Hexachloroethane EPA625 HXCLPH Hexachlorophene EPA625 1123PYRE Indeo(1,2,3,c,d)pyrene EPA625 ICFLUORIDE IC Fluoride EPA300.0 ICNITRATE IC Nitrate EPA300.0 ICNITRITE IC Nitrite EPA300.0 ICOPO4 IC Ortho-Phosphate EPA300.0 ICSULFATE IC Sulfate EPA300.0 IODMETHN lodomethane EPA624 ISBTALCO Isobutyl Alcohol EPA624 ISOPHORO ISOPROBN K MALTHION MBAA MBAS MCAA MEACNTLE MEK METCHLOR METHOXYC METOLCHL METRBUZN MEYLMETC MG MIREX MLSS MLVSS MN MO MONOCL2 MPXYLENE MTBE NA NAPHTHAL NBUTBNZ NH3 NI NIBENZEN NNISPROP NNITBUT NNITSETA NNITSMTA NNITSPHA NO2 NO2353 NO2NO3 NO2SC NO2SCNR NO2-T NO3SC NO3-T NPOC NPROBNZ O&G Attachment H: Test Methods Isophorone Isopropylbenzene Potassium Malathion Monobromoacetic Acid Surfactants Monochloroacetic Acid Methacrylonitrile Methyl Ethyl Ketone Methylene Chloride Methoxychlor Metolachlor Metribuzin Methyl Methacrylate Magnesium Mirex Total Suspended Solids-Areation Vol. Suspended Solids-Areation Manganese Molydenum Mono Chloramines m,p-Xylene MTBE Sodium Naphthalene n-Butylbenzene Ammonia - Nitrogen Nickel Nitrobenzene n-Nitrosodi-n-propylam ine N-Nitrosodi-n-butylamine N-N itrosod iethyla m i ne n-Nitrosodimethylamine n-Nitrosodiphenyiamine Nitrite Nitrite Nitrite + Nitrate Nitrite Nitrite Not Reportable Nitrite - TRAACS Nitrate Nitrate - TRAACS Non-Purgeable Organic Carbon n-Propylbenzene Oil & Grease Gravimetric ODOR Odor OPO4 Ortho-Phosphate OPO4300 Ortho-Phosphate OPO4365 Ortho-Phosphate OPO4SC Ortho-Phosphate OPO4-T Ortho-Phosphorus TRAACS OXYLENE o-Xylene EPA625 EPA524 EPA200.8 EPA8141 EPA522.2 SM5540C EPA522.2 EPA624 EPA624 EPA624 EPA608 EPA508 EPA508 EPA624 EPA200.8 EPA 625 SM2540 G SM2540 G EPA200.8 EPA200.8 SM4500-CI F EPA624 EPA 524.2 & 624 EPA200.8 EPA625 EPA524 SM4500NH3 D EPA200.8 EPA625 EPA625 EPA625 EPA625 EPA625 EPA625 HACH 8507 EPA 353.2 SM4500-NO3-H EPA 353.2 SM 4500-NO3-H SM4500NO3F SM4500-NO3-H SM4500NO3F EPA415.2 EPA524 EPA1664A SM2170 HACH 8048 EPA 300.0 EPA 365 EPA 365.1 SM4500-P F EPA624 iJ as 04 i Attachment H: Test Methods PALK Phenol Alkalinity SM2320 B PARAETHY Parathion Ethyl EPA8141 PARAMETH Parathion Methyl EPA8141 PB Lead EPA200.8 PC10 Partical Counts @ 10 Micron SM2560 B PC125 Partical Counts @ 12.5 Micron SM2560 B PC15 Partical Counts @ 15 Micron SM2560 B PC17 Partical Counts @ 17 Micron SM2560 B PC2 Partical Counts @ 2 Micron SM2560 B PC20 Partical Counts @ 20 Micron SM2560 B PC25 Partical Counts @ 25 Micron SM2560 B PC5 Partical Counts @ 5 Micron SM2560 B PCB1016 PCB-1016 EPA625 PCB1221 PCB-1221 EPA625 PCB1232 PCB-1232 EPA625 PCB1242 PCB-1242 EPA625 PCB1248 PCB-1248 EPA625 PCB1254 PCB-1254 EPA625 PCB1260 PCB-1260 EPA625 PENCHLBN Pentachlorobenzene EPA625 PENCHLPH Pentachlorophenol EPA625 PH pH SM4500-H+ B PHENANTH Phenanthrene EPA625 PHENOL Phenol EPA625 PISPROTL p-Isopropyltoluene EPA524 PNCLETHN Pentachloroethane EPA624 PROMETON Prometon EPA508 PROPCHLR Propachlor EPA508 PROPNITL Propionitrile EPA624 PYRENE Pyrene EPA625 PYRIDINE Pyridine EPA625 QCTPO4 QC Spike SM4500-P F SAS Soluble Arsenic EPA206.2 SIB Antimony EPA200.8 SE Selenium EPA200.8 SECBUTBZ sec-Buytlbenzene EPA524 SETSOL Settleable Solids SM 2540 F SGRAV Specific Gravity D1298-80 SGT-HEM SGT-HEM; Non -polar Material EPA1664A SIMAZINE Simazine EPA508 S1O2 Dissolved Silica SM 4500-Si E SN Tin EPA200.8 SO4 Sulfate SM4500-SO4 E SO4300 Sulfate EPA 300.0 SO4375 Sulfate EPA375.4 SO4SC Sulfate EPA 375.4 SOURCE Source Water TOC-MOR SPGRAV Specific Gravity D1298-80 SR Strontium EPA 200.8 STREP Fecal Streptococcus SM9230 STYRENE Styrene EPA624 SUVA SUVA TOC-MOR M Attachment H: Test Methods T12DCLET trans-1,2-Dichloroethene EPA624 T13DCLPR trans-1,3-Dichloropropene EPA624 T14DCL2B trans-1,4-Dichloro-2-Butene EPA624 TASTE Taste SM2170 TBAA Tribromoacetic Acid EPA522.2 TCAA Trichloroacetic Acid EPA522.2 TCAN Trichloroacetonitrile EPA551.1 TCHLETHE Trichloroethene EPA624 TCLETHEN Tetrachloroethene EPA624 TCLETHLN Tetrachloroethylene EPA624 TCLFLMET Trichlorofluoromethane EPA624 TCOLI Total Coliform SM9223 TCOLIM Total Coliform SM9222 B TCOLIQ Total Coliform (QT) SM9223 B TCOLITCEQ Total Coliform SM9223 TDS Total Dissolved Solids SM2540 C TDSCALC Calculated Total Dissolved Solids SM2540 C TDSPROBE Total Dissolved Solids SM1030 E TEMP Temperature SM2550 B TERBUTBZ tert-Butyl benzene EPA524 THM THMs EPA524.2 TI Titanium EPA200.8 TKN Total Kjeldahl Nitrogen EPA 351.2 TKNSC Total Kjeldahl Nitrogen EPA 351.2 TL Thallium EPA200.8 TL_W Thallium EPA200.8 TOC Total Organic Carbon SM 5310B TOC415 Total Organic Carbon EPA 415.3 TOC415SM Total Organic Carbon Scan EPA 415.3 TOCSM Total Organic Carbon Screen SM5310B TOH Total Organic Halide EPA450.1 TOLUENE Toluene EPA624 TOX Total Organic Halides SM5320 B TOXAPHEN Toxaphene EPA608 TPO4 Total Phosphorus EPA 365.4 TPO4SC Total Phosphorus EPA 365.4 TRIFLULN Trifluralin EPA508 TS Total Solids SM2540 B TS% Total % Solids Modified SM 2540 GM TS%SLUDGE Total Solids % SM 2540 G TSS Total Suspended Solids SM2540 D TSS2 Aeration Total Susp Solids SM2540 D TSSFIX Total Suspended Solids Fixed SM 2540 E TTHM Total THMs EPA624 TURB Turbidity SM2130 B TURBSM Turbidity Scan SM2130 B TURBSMSC Turbidity Scan smartchem SM2130 B UV254 UV254 SM5910 B UV254SM UV254 Scan SM5910 B UV254SMSC UV254 Scan for smartchem SM5910 B V Vanadium EPA 200.8 VACETATE Vinyl Acetate EPA624 Attachment H: Test Methods VCDO Dissolved Oxygen Grab VCOP VCHLORID Vinyl Chloride EPA624 VOLACID Volatile Acids SM5560 C VOLTS Volatile Total Solids SM 2540 E VOLTSS Volatile Total Suspended Solids SM 2540 E VS%SLUDGE Volatile Solids % SM 2540 G VSS Volatile Suspended Solids SM 2540 E VTS Volatile Total % Solids SM 2540 G VTSS Volatile % Suspended Solids SM2540 E ' VTSS2 Aeration Vol % Susp Solids SM2540 E VTSS3 Aeration Susp Solids SM2540 E WCL2 Field Chlorine Residual HACH 8167 WCL2CUST Chlorine Residual SM4500-CI G WFREECL2 Free Chlorine SM4500-CI G WNH3 Field Ammonia HACH 10031 WNO2 Field Nitrite HACH 8507 WPH Field pH SM4500-H+ B WTEMP Field Temperature SM2550 B WWALUMINUM WWAluminum EPA200.8 W WANTIMONY W WAntimony EPA200.8 WWARSENIC WWArsenic EPA200.8 W W BARI UM W W Barium EPA200.8 WWBERYLLIUM WWBeryllium EPA200.8 WWCADMIUM wwCadmium EPA 200.8 WWCBOD Carbonaceous BOD SM 5210 B WWCHROMIUM WWChromium EPA200.8 W W COBALT W W Cobalt EPA 200.8 WWCOD Chemical Oxygen Demand HACH 8000 WWCODFIL Chemical Oxygen Demand - Soluble HACH 8000 W W COPPER W W Copper EPA200.8 WWECOLIQ EColi (QT) SM 9223 WWFCOLI Fecal Coliform SM9222 D - WWIRON WWlron EPA200.8 W WLEAD W W Lead EPA200.8 WWMAGNESIUM WWMagnesium EPA200.8 WWMANGANESE WWManganese EPA200.8 W W MOLYBDENUM W W Molydenum EPA200.8 WWNH3PRO Ammonia - Nitrogen Probe SM4500NH3 F W W NICKEL W W Nickel EPA200.8 WWOPO4300 Ortho-Phosphate EPA 300.0 WWPH pH SM4500-H+ B W W POTASSI UM W W Potassium EPA200.8 WWSELENIUM WWSelenium EPA200.8 WWSILVER WWSilver EPA200.8 WWSODIUM WWSodium EPA200.8 WWSTRONTIUM WWStrontium EPA 200.8 WWTCOLI Total Coliform SM9223 WWTCOLIQ Total Coliform (QT) SM9223 B • WWTHALLIUM WWThallium EPA200.8 WWTIN WWTin EPA200.8 W WTITANIUM W WTitanium EPA200.8 �,, WWTOC Total Organic Carbon SM 5310B Attachment H: Test Methods WWTOC415 Total Organic Carbon EPA 415.3 WWTPO4 Total Phosphorus EPA 365.4 WWTPO4SC Total Phosphorus EPA 365.4 WWTPO4SOL Total Phosphorus - Soluble EPA 365.4 WWTURB Turbidity SM2130 B WWVANADIUM WWVanadium EPA 200.8 WWZINC WWZinc EPA 200.8 XYLENE Xylenes EPA624 XYLENES Xylenes EPA624 ZN Zinc EPA 200.8 ATTACHMENT I — REPORT CUSTOMIZATION so This attachment describes any custom internal operations/management reports and external final data reports that must be delivered by ChemWare as part of the implementation, beyond the standard suite of laboratory reports delivered with HORIZON Report Manager -Actuate. If custom reports are not specifically identified in the scope of work, the City will modify the off -the -shelf reports provided with the HRM-Actuate suite, or develop their own reports using the tools and training provided by ChemWare. Should the City wish to „ contract with ChemWare to develop additional custom reports these services can be ordered at any time. ChemWare is including report development tools so that the City can develop custom reports to meet future laboratory requirements. The following table outlines the reports specified by the City to be delivered along with an annotation indicating whether it is a new report, a modification to an existing report or an off -the -shelf report: Analytical Report —WQI Mod Analytical Report —Standard Version Mod a Bacteriological Monthly Report) Mod Bacteriological Report to Engineering Mod D2 Sheet New DMR New Exception Report New Invoice OTS Micro BenchSheet Form Mod Monthly Distribution Report to TCEQ Mod Monthly TOC Removal Report New NELAC Report Req N/A Sample Receipt Mod = TOCMOR v9 (RG-379 (TOCMOR instructions).pdf New includes instructions for this report) TOCMORv4 (example) New Tracking Sheets OTS , Water Quality Report New WQI Report Mod Attechmeut_I_Report Customvatioos.doc Page I of 3 Rev. 2/2/2010 ATTACHMENT I — REPORT CUSTOMIZATION Off -the -Shelf Reports The following is a listing of off -the -shelf reports delivered with HORIZON. The HORIZON Reports Administrator and User Guides provide information on each report. a Batch Quality control review ~' Worklist Download format a (HORIZON to analytical instrument download file) Chain of Custodv _ External transfer chain of custody Internal transfer chain of custody Test request Container disposal Workflow Audit log Backlog by queue Backlog summary Bottle order shipping form Daily sample count Inventory reconciliation Letter of receipt Standards expiration Turnaround by queue + Workorder backlog Final Renort Client export file Environmental Final Sample Data Sheet Inquiry Sample History Attachment_I_Report Customizations.doc Page 2 of 3 Rev. 2/2/2010 ATTACHMENT I — REPORT CUSTOMIZATION Financial Backlog dollar value Invoice Laboratory financial status summary Preliminary workorder billables Quote Revenues & profits Samples received dollar value Management (Dashboard) Backlog map i Condition codes summary Currently due Currently due schedules Reanalysis summary Top accounts Top workorders Mod Sample Data sheet History Inquiry Letter of receipt Information Object Sample Inquiry (ad -hoc) _ Utilities Acode catalog Email password Web delivery daemon Web replication daemon Web upload daemon Attachment_I_Report Cbstomizatioos.doc Page 3 of 3 Rev. 2/2/2010 NETWORK ACCESS AGREEMENT This NETWORK ACCESS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation with its principal location at 1000 Throckmorton Street, Fort Worth, Texas 76102, organized under the laws of the State of Texas and situated in portions of Tarrant, Denton and Wise Counties, Texas, and ChemWare with its principal location at 900 Ridgefield Drive, Suite 150, Raleigh NC 27609, ("Contractor"). 1. The Network. The City owns and operates a computing environment and network (collectively the "Network"). Contractor wishes to access the City's network in order to provide HORIZON LIMS software installation services, configuration services and remote diagnostic and troubleshooting services. In order to provide the necessary support, Contractor needs access to the City's internet and intranet. 2. Grant of Limited Access. Contractor is hereby granted a limited right of access to the City's Network for the sole purpose of providing HORIZON LIMS software installation services, configuration services and remote diagnostic and troubleshooting services. Such access is granted subject to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions are hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon request. 3. Network Credentials. The City will provide Contractor with Network Credentials consisting of user IDs and passwords unique to each individual requiring Network access on behalf of the Contractor. Access rights will automatically expire one (1) year from the date of this Agreement. If this access is being granted for purposes of completing services for the City pursuant to a separate contract, then, this Agreement will expire at the completion of the contracted services, or upon termination of the contracted services, whichever occurs first. Services are being provided in accordance with City Secretary Contract No. 4. Renewal. At the end of the first year and each year thereafter, this Agreement may be renewed annually if the following conditions are met: 4.1 Contracted services have not been completed. no 4.2 Contracted services have not been terminated. 4.3 Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the Contractor has provided the City with a current list of its officers, agents, servants, employees or representatives requiring Network credentials. Notwithstanding the scheduled contract expiration or the status of completion of services, Contractor shall provide the City with a current list of officers, agents, servants, employees or representatives that require Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the Network and/or termination of this Agreement. 5. Network Restrictions. Contractor officers, agents, servants, employees or representatives may not share the City -assigned user IDs and passwords. Contractor acknowledges, agrees and hereby gives its authorization to the City to monitor Contractor's use of the City's Network in order to ensure Contractor's compliance with this Agreement. A breach by Contractor, its officers, agents, servants, -• employees or representatives, of this Agreement and any other written instructions or guidelines that the City provides to Contractor pursuant to this Agreement shall be grounds for the City immediately to deny Contractor access to the Network and Contractor's Data, terminate the Agreement, and pursue any other remedies that the City may have under this Agreement or at law or in equity. 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, Contractor agrees to remove entirely any client or communications Vendor Network Access Agreement Rev. 12/10/2009 no no software provided by the City from all computing equipment used and owned by the Contractor, its officers, agents, servants, employees and/or representatives to access the City's Network. 7. Information Securitv. Contractor agrees to make every reasonable effort in accordance with accepted security practices to protect the Network credentials and access methods provided by the City from unauthorized disclosure and use. Contractor 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, including but not limited to, theft of Contractor -owned equipment that contains City -provided access software, termination or resignation of officers, agents, servants, employees or representatives with access to City -provided Network credentials, and unauthorized use or sharing of Network credentials. 8. LIABILITY AND INDEMNIFICATION. CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ALL DAMAGES THAT THE CITY MAY INCUR DIRECTLY ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT CONTRACTOR MAY INCUR AS A RESULT OF THE CITY'S RESTRICTIONS TO OR DENIAL OF ACCESS TO CONTRACTOR'S DATA ON ACCOUNT OF ANY BREACH OF THIS AGREEMENT BY CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR FOR ANY REASONABLE SECURITY MEASURES TAKEN BY THE CITY. IN ADDITION, CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, AND ALL CLAIMS, DEMANDS AND JUDGMENTS THEREFOR, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES. CONTRACTOR, AT CONTRACTOR'S OWN COST OR EXPENSE, HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND/OR EMPLOYEES FROM AND AGAINST ANY CLAIM, LAWSUIT, DEMAND OR OTHER ACTION TO THE EXTENT THAT THE SAME ARISES FROM THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. Confidential Information. Contractor, for itself and its officers, agents, employees, and representatives, agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Contractor further agrees that it shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 10. Riaht to Audit. Contractor agrees that the City shall, during the initial term, any renewal terms, and until the expiration of three (3) years after termination or expiration of this contract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of the Contractor involving transactions relating to this Agreement. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, during the initial term, any renewal terms, and until expiration of three (3) years after termination or expiration of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, data, documents, papers and records, both hard copy and electronic, of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. Vendor Network Access Agreement 2 ChemWare Rev. 12/10/2009 no 11. Agreement Cumulative. This Agreement is cumulative of and in addition to any written contracts, agreements, understandings or acknowledgments with the City signed by Contractor. This Agreement and any other documents incorporated herein by reference constitute the entire understanding and Agreement between the City and Contractor as to the matters contained herein regarding Contractor's access to and use of the City's Network. 12. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by an authorized representative of both the City and Contractor. 13. Assignment. Contractor may not assign or in any way transfer any of its interest in this Agreement. Any attempted assignment or transfer of all or any part hereof shall be null and void. •• 14. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 15. Force Maieure. Each party shall exercise its best efforts to meet its respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or 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 restrictions by any governmental authority, transportation problems and/or any other similar causes. ` 16. Governinq Law / Venue. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 17. Signature Authoritv. The signature below of an authorized representative acknowledges that the Contractor has read this Agreement and agrees to be bound by terms and conditions set forth herein. ACCEPTED AND AGREED: CITY OF FORT WORTH:: By: ' ACM Name Assistant Ci Njanager Date.. ////d AT I.E T: By: Marty Hendrix City Secretary APPROVED AS;TO FORM AND LEGALITY, B .O4� p `� d Assistant City Attorney M & C: none required Vendor Network Access Agreement woo ChemWare CHEMWARE, INC: By: /�1''f'�_ `FlZ1ame: / %, W, " Title: VP1 Date: Z/ 2./Z a i o i ATTEST: By: VF- 75ont:ract AuthorizatiOA Date Rev. 12/ 10/2009