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HomeMy WebLinkAboutContract 54475 CSC No.54475 SOLUTIONS DOCUNAV SOLUTIONS PRIORITY SUPPORT AGREEMENT The cornerstone of the DocuNav Customer Support program is Priority Support Service.Priority Support Service provides expert troubleshooting.Priority Support Service additionally provides you with answers to ensure smooth,productive operation of your system.DocuNav Solutions technical support team consists of expert problem-solvers trained to support customers across their complete Laserfiche/DocuNav solution. They troubleshoot,identify problems,and provide issue resolution—even when the issue is beyond Laserfiche. Support extends to troubleshooting with scanners, security,firewalls,networks,databases,operating systems, virtual machines and interfaces with 3'party applications.With a Priority Annual DocuNav Support Agreement (PR DSA),you're entitled to the services listed below. Priority Sujnort Services You can expect a response from our support team within 4 hours of reporting any issue to start the resolution process. Our PR DSA customers also receive expedited escalation of any issues that are mission critical to minimize system downtime. All support services start with an e-mail or phone call to the DocuNav support team. Customers should identify valid technical support contacts for their organization and inform DocuNav of their authorized contacts. Authorized contacts should first e-mail or call to report service issues/questions.Emails should be directed to supportAdocunay.com. The e-mail should include information regarding the issues and/or questions. To speak with the support team,call 800-353-2320,option 3.As our support staff works on your cases,they may bring in additional staff expertise as needed to resolve your issues or answer your questions.We will prioritize incoming email support issues and phone calls for our PR DSA customers(within the 4-hour response time); for example, a system failure will receive a response before a scanning issue. Priority Support includes: • 4 Hour Response Time • Remote Log-in Capabilities • Support issues are logged into our system and tracked through completion • Issue escalation to software developers when appropriate • Annual 4 hour System Review with experienced DocuNav technical staff • Free enrollment to Laserfiche Certified Professional Program • Access to certain DocuNav specialized products at no additional charge to enhance solution • Access to the Laserfiche Software Assurance Plan(LSAP) Priority Support Services offers assistance with: • Installation and operation support services—to verify the software is operational • Information services—to interpret error messages and suggest corrective actions • Troubleshooting services across complete solution—to verify issues being addressed(even when issue extends beyond Laserfiche),to suggest problem-solving techniques,to determine work around solutions,to identify and resolve issues with supported peripherals and hardware • Advice on proper system configuration and general best practices suggestions for Laserfiche Administration OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Scheduled After Hours Support: • After Hours: After 5pm CST/Before Sam CST Monday-Friday,and Weekend Hours: Saturday-Sunday • Multiplier is xl.5 regular professional services rate • Tasks must be scheduled,minimum%2 day when scheduling on-site services Optional 2417 365 Days Support: • DocuNav Priority Support Customers will be provided with support contact information to use for emergency support issues that may arise after normal support hours. • Emergency Technical Support Access Fee is 10%of Priority DSA • Multiplier is x3 regular professional services rate • Support applies 24 Hours/Day,7 Days/Week, and 365 Days/Year—No Exclusion Support hours are Monday-Friday 8:00 a.m. -5:00 p.m.,Central Standard Time,excluding holidays. DocuNav Service Level Agreement with Respect to 4 Hour Response Time Commitment In the event DocuNav does not meet the guaranteed four-hour response time commitment for troubleshooting technical support issues,then DocuNav will owe customer a credit back based upon the following: • Credit owed will be calculated as follows: o One full day of support cost per instance(Customer's Annual DSA Cost/365 days) o Credit is limited to one day per instance o Credit to be applied to professional services hours on the next billing period • Customer's responsibilities in order for credit to be received include: o Customer must notify DocuNav through the above notification channels ■ Email supportAdocunay.com or call the 800 number and leave a detailed message with direct contact information ■ Customer may not call or email individuals directly for credit to apply Laserfiche Software Assurance Plan Your DocuNav PR DSA also includes the Laserfiche Software Assurance Plan(LSAP). LSAP entitles you to receive access to the Laserfiche Support Site where you'll find detailed technical information to help you optimize system performance and maximize uptime. Online Resources Available: • Knowledge Base articles • Training Resources • Forums • Downloads • Laserfiche Code Library Technical Sunnort Team DocuNav's technical support team is comprised of implementation experts,technicians,trainers,and software developers.DocuNav's technical support team is recognized by Laserfiche,as Gold-Level Certified for their support services.Every one of DocuNav's multiple support staff members is tested and mandated to retain current certifications across the Laserfiche product suite. DocuNav Integration Sup= DocuNav PR DSA also includes support across all DocuNav integration tools.Your current support contract will allow you direct access to the developers of the integration tools ensuring a knowledgeable response. Software Updates and Feature Enhancements Your PR DSA includes comprehensive software assurance plans to help preserve your investment by delivering periodic updates that extend the benefits of the original purchase. These plans include crucial point updates,patches and service packs as released by Laserfiche throughout the year.Another advantage is Laserfiche full version releases are also offered at no additional cost as part of your PR DSA. All DocuNav software will also follow along the same update schedule. As Laserfiche updates become available,DocuNav will release any necessary updates to DocuNav software ensuring customers maintain seamless compatibility across their solutions. DocuNav tests all manufacturers' updates and consults with customers on an individual basis. After consultation,DocuNav will make recommendations for each customer's unique system on the optimal timing in the release cycle to consider updating. DocuNav's knowledgeable staff protects and guides customers to the most successful deployment of future updates and enhancements of their solutions. Internet services and remote access This service provides our PR DSA clients with remote access to the same quality assistance and advice that they would receive from an on-site visit by one of our technicians.Using remote connectivity, a DocuNav technical staff member can connect to your system and control your screen as you watch and speak with us over the phone. This powerful,interactive technique allows us to assist you in various tasks. Annual System Review Annually,a 4-hour remote system review with an experienced DocuNav technical team member has been included with your DocuNav PR DSA. This event can be scheduled by contacting your DocuNav Account Manager and can occur anytime throughout the year of your DocuNav PR DSA. During the annual system review,DocuNav technical staff will analyze the configuration of the existing Laserfiche application server, database,and backup procedures.Additionally,the Laserfiche configuration will be reviewed to include volume structures, folder trees, security and template field creation.Upon completion of the review,DocuNav will provide the customer with documentation detailing the findings as well as best practice recommendations for adjustments that would enhance the solution. Extended User Education Using hands-on teaching methods, end-user education courses are held throughout the year to help you design, develop, and maintain your DocuNav solution. Led by experienced teachers,you gain knowledge and expertise of your DocuNav Solution.Optional free webinars covering a variety of topics are also available throughout the year.Whether on-site or remote,the sessions provide improved employee understanding of your system and increased utilization. Free enrollment to a variety of courses available through the Laserfiche Certified Professional Program(CPP)is also included and is a staple of your PR DSA. Every CPP certification includes online training that you can access from anywhere at any time. Through the CPP's comprehensive online training,you can gain complex content management skills without having to travel or spend time in the classroom. Along with online training videos,you receive a full training manual with screenshots and a detailed walkthrough of all the functionality relevant to the CPP course you are taking. CPP courses are limited to up to 5 individual courses or one certification each.Please see chart below for a breakdown of how many employees per organization may register for courses. Laserfiche CPP Registration Chart Laserfiche Named Full User Count Number of Registrants 20 users or less 1 person 21 — 100 users 2 people 101 —500 users 4 people 501 +users 8 people Laserfiche Emnower Conference Laserfiche Empower Conference is an annual educational and networking event with over 3,000 Laserfiche customers,partners,and IT professionals. As part of your PR DSA,DocuNav will pay conference registration fees for your employees to attend. We encourage you to sign-up for Empower Registration as early as you can because the number of total registrations we pay for is limited per year.Please see the chart included below for a breakdown of how many employees per organization are eligible for free conference registration. Laserfiche Empower Registration Chart Laserfiche Named Full User Count Number of Registrants 21 — 100 users 1 person 101 —500 users 2 people 501 +users 4 people How to Register for CPP&Laserfiche Emgower Conference To register employees for the CPP courses and/or the Laserfiche Empower Conference,please email salesAdocunay.com. �oc�a ]ae QUOTE SOLUTIONS VP Imaging, Inc.dba DocuNav Solutions 8501 Wade Blvd.,Suite 760 City of Fort Worth Frisco,TX 75034 800-353-2320 DocuNav Contact: Date: 8/17/2020 Accounts Payable Quote: DSA7124 ANNUAL SUPPORT AGREEMENT *Last year ended your 3-year contract.Signing this quote signifies that you agree to continue an additional 3-year agreement with DocuNav Solutions.Renewal date:November 28th. 300 ENF02 Laserfiche Rio Named Full Users(Per user;200-499 users)Named User pricing includes the following features:Unlimited $162.00 $48,600.00 Laserfiche Servers,Workflow,Web Access(including the SharePoint integration and Web Access Light),Advanced Audit Trail,Snapshot,E-mail. 300 ERM Laserfiche RIO Records Management Edition $16.20 $4,860.00 1 TK Laserfiche RIO Toolkit $1,000.00 $1,000.00 1 PPX2 Laserfiche RIO Public Portal license for dual CPU machinelicense(Includes Laserfiche WebLink and retrieval connections $13,500.00 $13,500.00 licensed per processor).License is for multiple processors and must match the number of processors enabled on the server hardware where the Laserfiche Application Server is installed.The Portal License will enable WebLink users to connect to a single application server. IA Laserfiche RIO Import Agent $405.00 $405.00 DN QL DocuNav QuickLink(includes 10 licenses;$100 per user after). $300.00 $300.00 MSC01 Laserfiche RIO ScanConnect $45.00 $45.00 1 DN DV DocuNav Dataview $600.00 $600.00 1 MCA01 Laserfiche Avante Import Agent $449.00 $449.00 1 DN DocuNav Solutions DIR Support Discount(10%-off)*Please See DIR Contract#DIR-CPO-4449 $(6,975.90) $(6,975.90) DIR DSA *Note:All quotes expire 30 days from above date.Please call your DocuNav contact for any changes. Subtotal $69,759.00 Discount $-6,975.90 Tax $.00 Total $62,783.10 Valerie Washington(Sep 15,202014:42 CDT) Sep 15,2020 Sign Here Date Payment Terms:All payments are Net 30 from date of invoice issued.Preferred payment method:check orACH payment.Subscription terms will renew on the anniversary of the date of your DocuNav Annual Support Agreement unless you provide cancellation notice 45 days before the end of the agreement. On-site Professional Services Time:billing rate quoted does not include travel expenses for out of market professional services time.Pre-purchased hours or daily units expire after 3 years from invoice date. ACCEPTED AND AGREED: CITY: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration w,Jyj';-� of this contract,including ensuring all By: Valerie Washington(Sep 15,202014:42 CDT) performance and reporting requirements. Name: Valerie Washington Title: Assistant City Manager a wn Date: Sep 15, 2020 By: Mark•D Boer' (,Sep11,202009:54CDT) Name: Mark Deboer Approval Recommended: Title: Interim Assistant Director,IT Solutions Approved as to Form and Legality: K� By: Name: Kevin Gunn 18 Lfj= Title: Director,IT Solutions By: J B Strong(Sep ,202016:47 CDT) Name: John B. Strong Attest: Title: Assistant City Attorney U� L Contract Authorization: By: "Q M&C: NA Name: Mary J. Kayser Title: City Secretary VENDOR: VP Imaging, Inc. dba DocuNav Solutions By: 1' l Name: CJ Bettis Title: VP of Operation Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ADDENDUM TO PRIORITY SUPPORT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND VP IMAGING, INC. DBA DOCUNAV SOLUTIONS This Addendum to the Priority Support Agreement ("Addendum") is entered into by and between VP Imaging,Inc. dba DocuNav Solutions("Vendor")and the City of Fort Worth("City"), collectively the"parties", for a purchase of licenses. The Contract documents shall include the following: 1. The Priority Support Agreement; and 2. This Addendum. Notwithstanding any language to the contrary in the attached Priority Support Agreement (the"Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. Term. The Agreement shall become effective upon the signing of the Agreement by an Assistant City Manager of the City (the "Effective Date") and shall expire November 28, 2023 (the Expiration Date"), unless terminated earlier in accordance with the provisions of the Agreement or otherwise extended by the parties. 2. Termination. a. Convenience. Either City or Vendor may terminate the Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. b. Breach. If either party commits a material breach of the Agreement,the non- breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten(10) calendar days after receipt of notice from the non-breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non-breaching party may, in its sole discretion, and without prejudice to any other right under the Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. C. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and the 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 have been appropriated. OFFICIAL RECORD Addendum CITY SECRETARY FT. WORTH, TX d. Duties and Obligations of the Parties. In the event that the Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with the Agreement up to the effective date of termination. Upon termination of the Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under the Agreement. In the event Vendor has received access to City information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 3. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties or liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 4. Law and Venue. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 5. Linked Terms and Conditions. If the Agreement contains a website link to terms and conditions, the linked terms and conditions located at that website link as of the effective date of the Agreement shall be the linked terms and conditions referred to in the Agreement. To the extent that the linked terms and conditions conflict with any provision of either this Addendum or the Agreement, the provisions contained within this Addendum and the Agreement shall control. If any changes are made to the linked terms and conditions after the date of the Agreement, such changes are hereby deleted and void. Further, if Vendor cannot clearly and sufficiently demonstrate the exact terms and conditions as of the effective date of the Agreement, all of the linked terms and conditions are hereby deleted and void. 6. Insurance. The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self-insured and therefore is not required to purchase insurance. To the extent the Agreement requires City to purchase insurance, City objects to any such provision, the parties agree that any such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect. City will provide a letter of self-insured status as requested by Vendor. 7. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. Addendum Page 2 of 6 8. Limitation of Liability and Indemnity. To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 9. IP Indemnification. Vendor agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and expense of payment for claims or actions against the City pursuant to this section 8,Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with Vendor in doing so.In the event City,for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Vendor shall fully participate and cooperate with the City in defense of such claim or action.City agrees to give Vendor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto.Notwithstanding the foregoing,the City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify the City under this Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor, terminate this Agreement, and refund all amounts paid to Vendor by the City, subsequent to which termination City may seek any and all remedies available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE REQUIRED BY CITY. 10. Insurance. City agrees that insurance coverage provided to City by Vendor is sufficient for purposes of the Agreement only. 11. No Debt. In compliance with Article I I § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable, City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. Addendum Page 3 of 6 12. Confidential Information. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary,City shall promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 13. Addendum Controlling. If any provisions of the attached Agreement, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Addendum shall control. 14. Network Access. a. City Network Access. If Vendor, and/or any of its employees, officers, agents, servants or subcontractors (for purposes of this section "Vendor Personnel"), requires access to the City's computer network in order to provide the services herein, Vendor shall execute and comply with the Network Access Agreement which is attached hereto as Exhibit"A" and incorporated herein for all purposes. b. Federal Law Enforcement Database Access. If Vendor, or any Vendor Personnel,requires access to any federal law enforcement database or any federal criminal history record information system, including but not limited to Fingerprint Identification Records System ("FIRS"), Interstate Identification Index System ("III System"),National Crime Information Center ("NCIC") or National Fingerprint File ("NFF"), or Texas Law Enforcement Telecommunications Systems("TLETS"),that is governed by and/or defined in Title 28, Code of Federal Regulations Part 20 ("CFR Part 20"), for the purpose of providing services for the administration of criminal justice as defined therein on behalf of the City or the Fort Worth Police Department, under the Agreement, Vendor shall comply with the Criminal Justice Information Services Security Policy and CFR Part 20, as amended,and shall separately execute the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. No changes, modifications, alterations, or amendments shall be made to the Security Addendum. The document must be executed as is, and as approved by the Texas Department of Public Safety and the United States Attorney General. 15. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR Addendum Page 4 of 6 LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 16. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor certifies that Vendor's signature provides written verification to City that Vendor: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement. 17. Right to Audit. Vendor agrees that City shall,until the expiration of three(3)years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. (signature page follows) Addendum Page 5 of 6 ACCEPTED AND AGREED: CITY: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration w,J� of this contract,including ensuring all By: Valerie Washington(Sep 15,202014:42 CDT) performance and reporting requirements. Name: Valerie Washington Title: Assistant City Manager a wn Date: Sep 15, 2020 By: Mark•D Boer' (,Sep11,202009:54CDT) Name: Mark Deboer Approval Recommended: Title: Interim Assistant Director,IT Solutions Approved as to Form and Legality: By: Name: Kevin Gunn �g sfy 4,o*Oar JBStrong(Sep ,202016:47CDT) Title: Director,IT Solutions ppF fORp as By: �o°°° °°°°°�a o° o��� Name: John B. Strong o Attest: ��a s=� Title: Assistant City Attorney C� dda*°°° o°� A �U aaan nFa5�4p Contract Authorization: By: M&C: NA Name: Mary J. Kayser Title: City Secretary VENDOR: VP Imaging, Inc. dba DocuNav Solutions By: 'A' 15H Name: CJ Bettis Title: VP of Operations Date: ���Z02—� OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Addendum Page 6 of 6