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HomeMy WebLinkAbout25E - AUTOMATED BOOKINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 3, 2008 TITLE: AGREEMENT WITH ABBEY GROUP TO PROVIDE AUTOMATED BOOKING SYSTEM MAINTENANCE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Abbey Group, Inc. to provide maintenance to the Automated Booking System in an amount not to exceed $45,334 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 19, 2006, Council approved the agreement with the Abbey Group to purchase a multi-faceted Automated Booking System. The system consists of an integrated jail management system with jail reporting, fingerprinting, and booking modules that can be operated by non-sworn police personnel. The Automated Booking System is proprietary and can only be serviced by Abbey Group. The one-year service agreement will provide basic support as described in the Agreement for the Jail Photo Imaging System, Jail Corrections Management System and interfaces for an annual maintenance fee of $45,334. FISCAL IMPACT Funds are available in the Police Department's Computer Services fund (account no. 11-338-6291). APPROVED AS TO FUNDS AND ACCOUNTS: a v~i~...~.,~,,.._ . Paul M. Walters Chief of Police Police Department ~nQm~ ~P~ZI~L~ST~..A o Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25E-1 SOFTWARE MAINTENANCE AGREEMENT This Software Maintenance Agreement (this "Agreement") is entered into this 3~d day of March, 2008 (the "Effective Date"), by and between the City of Santa Ana (the "City") and Abbey Group Consultants, Inc. ("Abbey Group"). WHEREAS, 1. The City has determined that it requires continued support services relating to the Jail Management computer automated system previously developed and implemented by Abbey Group for the Client pursuant to that certain Primary Agreement A-2006-141, dated June 19, 2006; and 2. Abbey Group is qualified to provide the support services specified in this Agreement and, subject to the terms and conditions set forth in this Agreement, Abbey Group desires to provide such support services; NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Abbey Group hereby agree as follows: 1. Definitions Capitalized terms used herein and in any exhibit hereto shall have the definitions set forth on Exhibit 1 attached hereto and incorporated herein by this reference, unless otherwise defined herein. 2. Scope of Work 2.1. Basic Support. Subject to the terms and conditions set forth in this Agreement, Abbey Group shall provide the following support for the Covered Applications ("Basic Support"). (a) Application Errors. Abbey Group will correct any Error in any of the Covered Applications discovered by the Client during the term of this Agreement, provided (a) the Client provides all information regarding such Error that may be requested by Abbey Group in accordance with Section 5.1 hereof [Technical Service Requests], (b) such Error is reproduced by the Client in accordance with Section 5.4 hereof [Error Reproduction], and (c) the Client has provided Abbey Group with remote access to the System as required under Section 5.2 hereof [Remote Access]. (b) Customer Support. Abbey Group will provide toll-free telephone support for routine operational and technical assistance. Support for Priority One Calls relating to Abbey Group's Jail Management Systems (JCMS) software application shall be available twenty four hours a day, seven days a week. Support for all other calls will be available during Abbey Group's normal support hours of 8:00 a.m. to 5:30 p.m. local time (not including weekends and Abbey Group holidays). (c) Account Manager. Abbey Group will designate, in a written notice delivered in accordance with Section 24 hereof [Notices], a single individual to act as the account manager for purposes of coordinating technical support as set forth herein (the "Account Manager"). The Account Manager shall ensure Abbey Group's compliance with, and shall coordinate appropriate schedules in connection with, its obligations set forth herein. Abbey Group may change the individual designated hereunder by providing the Client with advance written notice delivered in accordance with Section 24 hereof [Notices] designating the new individual authorized to act as the Account Manager. Exhibit F March 9, 2006 Page 1 Master Support Agreement 25E-2 (d) Interface Updates. Abbey Group will provide updates to interfaces provided under the Master Contract when such requirements or modifications require a modification to the Source Code relating to any Covered Application and are necessary for the proper performance of the Covered Applications. Interface updates required by changes in third-party contractors or changes in software provided by others are subject to additional charges. (e) Updated Forms, Reports and Data Fields. Abbey Group will provide SAPD application and interface updates to any State or Federal forms that impact the operation of any Abbey Group application, either directly or via interface, including State or Federal Department of Justice or Department of Corrections forms. This requirement is limited to the interfaces and form provided under the Master Agreement. 2.2. Additional Support Options. The Client may request information regarding the Additional Support Options currently available from the Abbey Group Account Manager. The terms and conditions for each Additional Support Option shall be set forth in a separate exhibit which, upon payment of the required annual fee for such Additional Support Option, shall automatically become part of this Agreement and shall be subject to the terms hereof. 2.3. Enhancements. From time to time, the Client may request Abbey Group to provide under this Agreement services and materials to furnish, install and implement an Enhancement. The installation and implementation of such Enhancement shall be provided, at Abbey Group's option, on a fixed-quote basis with payment milestones or on a time and material basis at Abbey Group's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. No Enhancement shall be provided under this Agreement unless (a) this Agreement is amended as necessary or appropriate to include the Enhancement Terms relating to the Enhancement; (b) the Enhancement Terms are attached to this Agreement as a new exhibit and, except as specifically set forth therein, are subject to the terms hereof; (c) the Enhancement Terms include terms regarding final acceptance of the Enhancement; (d) the Enhancement Terms provide that, upon final acceptance of the Enhancement, Exhibit 2 to this Agreement shall be amended to include the Enhancement as a Covered Application subject to the Client's payment of any necessary additional support fees relating to the Enhancement; and (e) the Enhancement Terms provide that, upon final acceptance of such Enhancement, the Software License Agreement shall be amended as necessary or appropriate to grant to the Client the appropriate rights to use the Enhancement, subject to payment in full of all amounts due under the Enhancement Terms. 2.4. Out of Scope Services. From time to time, the Client may request Abbey Group to provide under this Agreement certain Out of Scope Services. Abbey Group shall be under no firm obligation to perform any Out of Scope Services, but shall undertake to make a good faith effort to perform such services to the extent that it is capable of doing so without substantially interfering with its other obligations under this Agreement or with its obligations to its other customers. Any Out of Scope Services shall be provided, at Abbey Group's option, on a fixed-quote basis with payment milestones. 3. Term The term of this Agreement shall commence on the Effective Date and shall continue in effect until terminated in accordance with its terms. 4. Fees and Payment 4.1. Annual Support Fees (a) Basic Support. The Client shall pay an annual fee for Basic Support for each of the Covered Applications. The amount of such annual fee shall be set forth on Exhibit 2 attached hereto Exhibit F March 9, 2006 Page 2 Master Support Agreement 25E-3 and incorporated herein by this reference and shall be paid upon the expiration of any Warranty Period applicable to such Covered Application and, thereafter, on each Payment Date during the term of this Agreement. (b) Priority 1 Error Correction. Abbey Group's Customer Support Center will commence diagnostic/problem resolution activities immediately upon its receipt of a Priority 1 Error report. Abbey Group will respond with as many qualified and knowledgeable representatives as necessary immediately after notification by the Client to remedy a Priority 1 Error. Abbey Group's representatives will furnish uninterrupted, continuous efforts or a plan acceptable to the Client to remedy the Priority 1 Error on an emergency basis. During this time, Abbey Group's representatives will provide status reports to the Client's Technical Coordinator until the Priority 1 Error is remedied. If the Priority 1 Error is not remedied within twenty-four (24) hours of its initial report, Abbey Group will take all measures necessary to restore the System or the major subsystem to operation, including sending technical support personnel to the Client's installation site(s) immediately, and any other actions necessary to return the System or a major subsystem to service as quickly as is practicable. (c) Additional Support Options. The Client shall pay a fee for any requested Additional Support Options. The amount of such annual fee shall be set forth on the exhibit pertaining to such Additional Support Option and shall be paid on or prior to the commencement of any services relating to such Additional Support Option and, thereafter, on each Payment Date during the term of this Agreement unless such Additional Support Option has been discontinued in accordance with Section 2.2 hereof (Additional Support Options]. 4.2. Annual Adjustments. The fees payable pursuant to Section 4.1 hereof [Annual Support Fees] may be increased on an annual basis by an amount which shall not exceed the increase in the Consumer Price Index, All Urban Consumers (base year 1982-84=100) for U.S. City Average, but in no case more than five percent (5%). Any such increase shall become effective on the next occurring Payment Date. 4.3. Invoices. Invoices for the annual or annual fees required pursuant to Section 4.1 hereof [Annual Support Fees] shall be payable on or prior to each Payment Date during the term of this Agreement. All other invoices issued hereunder shall be payable within thirty (30) days of receipt unless otherwise specifically provided therein. 4.4. Consequences of Late Payment. Failure to pay any amount owing hereunder when such amount is due, notwithstanding the provisions identified in Section 4.1(b), shall constitute a material default under this Agreement and could result in the termination of this Agreement or all or part of the Basic Support or any Additional Support Option. The Client shall reimburse Abbey Group for all collection fees, including reasonable attorneys' fees and expenses, incurred by Abbey Group in connection with the collection of any amount owing hereunder. 5. Client Responsibilities 5.1. Technical Service Requests. The Client shall provide all information requested by Abbey Group necessary to complete its Technical Service Request Form for each request for technical services, whether under this Agreement or otherwise. 5.2. Remote Access. The Client shall install and monitor during the term of this Agreement adial-up modem and any other networking equipment specified by Abbey Group to provide Abbey Group remote access to the System. Abbey Group shall not be responsible for any costs relating to the installation, maintenance and use of such equipment and all associated telephone use charges. Abbey Group shall use the data connection solely in connection with the provision of its services hereunder. The Client shall Exhibit F March 9, 2006 Page 3 Master Support Agreement 25E-4 run appropriate tests following each remote access as requested by Abbey Group, subject to prior notification of such requirement. 5.3. Physical Access. The Client shall provide Abbey Group with physical access to the System at any time during normal business hours, subject to County authorization. After normal business hours, the Client shall ensure that one of the Technical Support Coordinators designated under Section 5.11 hereof [Technical Support Coordinators] can be reached by phone or pager to (a) provide physical access to the System within two (2) hours of Abbey Group's request for such access, and (b) remain on-site until Abbey Group determines that there is no longer a need for physical access. 5.4. Error Reproduction. Upon detection of any Error in any of the Covered Applications, the Client shall provide Abbey Group a listing of output and any other data, including databases and back-up systems, that Abbey Group may reasonably request in order to reproduce operating conditions similar to those present when the Error occurred. 5.5. Maintenance and Back-Ups. The Client shall ensure that maintenance and back-up activities relating to the Covered Applications and the System, including without limitation backing up databases and journal logs, purging out of date records and running reports and performing diagnostics as requested by Abbey Group. 5.6. Data Input. The Client shall update and maintain the input data as may be required by Abbey Group for satisfactory operation of the Covered Applications, and be responsible for the accuracy of all Client-provided data. 5.7. System Security. The Client shall ensure that the security of the System conforms in all respects to the state-mandated law enforcement telecommunications requirements. The Client shall ensure that no workstations have access to the Covered Applications other than those licensed by Abbey Group to access the Covered Applications and that such access is limited to only those TCP/IP addresses and TCP/IP service ports identified by Abbey Group required to support such workstations. 5.8. Authorized Client Representative. The Client shall designate a single individual to act as the Client's authorized representative for purposes of this Agreement (the "Client Representative"). Such individual (a) must be authorized to act on the Client's behalf with respect to all matters relating to this Agreement; (b) shall ensure the Client's compliance with its responsibilities under this Agreement; and (c) shall coordinate appropriate schedules in connection with Abbey Group's services under this Agreement. The Client may change the individual designated hereunder by providing Abbey Group advance written notice. 5.9. Technical Support Coordinators. The Client shall designate an individual to act as the Client's technical support coordinator (a `Technical Support Coordinator"). The Client shall ensure that, at all times, a Technical Support Coordinator is available (a) to screen operational assistance calls and handle operational problems, where appropriate; (b) to provide access to the System; (c) to provide on-site technical assistance as required by Abbey Group to aid Abbey Group in performing its services hereunder; and (d) to review all Monthly Status Reports delivered hereunder and, if required, provide Abbey Group with required direction regarding recommended preventative maintenance activities. 5.10. Operations Review. The Client shall meet with Abbey Group as may be reasonably requested to discuss operational issues and the status of the Covered Applications and the other components of the System, and as required to provide timely responses to issues identified by Abbey Group related to maintenance of the Covered Applications or the other components of the System. The Client shall ensure that key personnel designated by Abbey Group participate in the operations review process. 6. Exclusions Exhibit F March 9, 2006 Page 4 Master Support Agreement 25E-5 6.1. Failure to Observe Obligations. Basic Support provided hereunder is expressly conditioned on the observance of the responsibilities of the Client set forth in Section 5 hereof. 6.2. Erroneous Reported Problems. If Abbey Group performs diagnosis of erroneously reported problems, with client authorization, the Client may be charged for such services at Abbey Group's then current technical service rates. 6.3. Failure of Remote Access. If the Client fails for any reason to provide remote access to the System as required by Section 5.2 hereof [Remote Access], Abbey Group will, at the Client's request, provide on-site services to correct an Error to the extent otherwise required hereunder and will charge the Client for such services at Abbey Group's then current technical service rates. 6.4. Unauthorized Modifications. Abbey Group is under no obligation to correct any Error in any of the Covered Applications if the Error is due to a modification or alteration to such Covered Application in violation of the terms of the Software License Agreement or relates to any portion of such Covered Application that has been affected by software not developed or installed by Abbey Group. Abbey Group is under no obligation to correct any problems caused by any modification or alteration to any component of the System or to the System Configuration in violation of the terms of this Agreement or caused by software or hardware not developed and installed by Abbey Group. 6.5. Unauthorized Use. Abbey Group is under no obligation to correct any Error in any of the Covered Applications or any problems with any other component of the System if such Error or other problem is caused by (a) accident, neglect, misuse or abuse on the part of any party other than Abbey Group; (b) is due to exposure to conditions outside the range of the environmental, power and operating specifications provided by Abbey Group; or (c) use of any of the Covered Applications or any other component of the System for any purpose other than that for which it was originally acquired. If requested by the Client, Abbey Group will provide technical support services to resolve such problems pursuant to Section 2.4 hereof [Out of Scope Services] and will charge the Client for such services at Abbey Group's then current technical service rates. 6.6. Third-Party Products. Abbey Group shall have no responsibility for correcting or resolving any errors, defects or failures in any Third-Party Products. Abbey Group's only obligation with respect to such Third-Party Products is to assist with the coordination of support services with the appropriate third-party vendor to the extent such support services are available to the Client. 6.7. Third-Party Product Compatibility. Abbey Group shall have no responsibility for any Third-Party Product provided and installed on or integrated into the System by any party other than Abbey Group without Abbey Group's prior written authorization, including but not limited to responsibility for the installation and integration of any such Third-Party Products, the condition, operation and performance of any such Third-Party Products, the compatibility of any such Third-Party Products with the Covered Applications, and any impact any such Third-Party Products have on the overall operation or performance of any of the Covered Applications or any other component of the System. If requested by the Client, Abbey Group will provide technical support services pursuant to Section 2.4 hereof [Out of Scope Services] to resolve any operation or performance problems relating to any of the Covered Applications or any other component of the System caused by any such Third-Party Products or to assist with the integration of any such Third-Party Products with or into any of the Covered Applications or any other component of the System. Abbey Group will charge the Client for any such services at Abbey Group's then current technical service rates plus all related travel, per diem and other expenses invoiced as incurred. // // Exhibit F March 9, 2006 Page 5 Master Support Agreement 25E-6 // // // SIGNATURE PAGE IN WITNESS WHEREOF, the parties have hereunto set their hands as set forth below. City of Santa Ana By: DAVID N. REAM City Manager ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: PAUL M. WALTERS Chief of Police Abbey Group, Inc. By: Name: Title: Exhibit F March 9, 2006 Page 6 Master Support Agreement 25E-7 EXHIBIT 1 To Software Maintenance Agreement DEFINITIONS This Exhibit is attached to, incorporated into, and forms a part of the Abbey Group Master Support Agreement, dated , 200_, between Abbey Group and the Client (herein referred to as the "Agreement"). Capitalized terms used in the Agreement or any exhibit thereto shall have the definitions set forth herein unless otherwise defined in the Agreement. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. 1. "Basic Support" is defined in Section 2.1 [Basic Support] of the Agreement. 2. "Client" is defined in the preamble to the Agreement. 3. "Covered Application" shall mean each software application developed by Abbey Group in accordance with the As-Built Specifications relating thereto which application is identified as a Covered Application on Exhibit 2 attached to the Agreement and incorporated therein by reference, including all Maintenance Modifications thereto, all Derivative Works thereof, and all related Documentation. 4. "Documentation" shall mean, with respect to any Covered Application, those printed instructions, manuals, and diagrams pertaining to and furnished with such Covered Applications. 5. "Effective Date" is defined in the preamble to the Agreement. 6. "Enhancement" shall mean, with respect to any Covered Application, a computer program modification or addition, other than a Maintenance Modification, that alters the functionality of, or adds new functions to, such Covered Application and that is integrated with such Covered Application after the Effective Date, or that is related to a given Covered Application but offered separately by Abbey Group after the Effective Date. 7. "Enhancement Terms" shall mean, with respect to any Enhancement provided pursuant to the Agreement, the mutually negotiated terms and conditions specifically relating to an Enhancement and included as part of the Agreement in accordance with Section 2.3 [Enhancements] thereof. 8. "Maintenance Modification" shall mean, with respect to any Covered Application, a computer software change integrated with such Covered Application during the term of the Agreement to correct any Errors therein, but that does not alter the functionality of such Covered Application or add new functions thereto. 9. "Out of Scope Services" shall consist of any services provided under this Agreement that are outside the scope of those services specifically and expressly identified under, and provided pursuant to, Section 2,1 [Basic Support], Section 2.2 [Additional Support] or Section 2.3 [Enhancements] of the Agreement. 10. "Payment Date" shall mean the date each year upon which the maintenance payment is due. 11. "Priority One Call" shall mean a call requesting technical support for an Error in any Covered Application or a failure of the Authorized Server on which such Covered Application is installed that prevents continued use or operation of the System, impacts all or substantially all operators using the System, halts or Exhibit F March 9, 2006 Page 1 Master Support Agreement 25E-8 severely impacts critical System operations or endangers the integrity of any database on any of the Authorized Servers. The term Priority One Call shall not include calls requesting technical support relating to a problem encountered with substantially less than all functions of a Covered Application or all records of a database on any of the Authorized Servers, or to a failure in individual components of the network communications equipment, communications lines, terminals, workstations, printers, terminal servers or modems. Abbey Group shall have exclusive authority for determining whether a technical service request constitutes a Priority One Call. 12. "System" shall mean the Client's computer automated system consisting of the Covered Applications combined with any of the Authorized Servers, the operating systems installed on each of the Authorized Servers, any database or other third party software products installed on any of the Authorized Servers, any PC or other workstation equipment having access to any of the Covered Applications, any Communications Interfaces installed on any of the Authorized Servers, any network communications equipment and any other third party software, wiring, cabling and connections and other hardware relating to any such Authorized Servers, workstation or network communications equipment located at any of the Authorized Sites. 13. "System Configuration" shall mean the configuration for the System other than the Covered Applications existing as of the Effective Date together with any modifications or alterations thereto permitted hereunder, including without limitation the configuration of the Authorized Servers, any operating system installed on any of the Authorized Servers, any database or other third party software products installed on any of the Authorized Servers, any PC or other workstation equipment having access to any of the Covered Applications, any network communications equipment and any other third party software, wiring, cabling and connections and other hardware relating to any such Authorized Server, workstation or network communications equipment located at any of the Authorized Sites. 14. "Third-Party Products" shall mean all software and hardware components of the System other than the Covered Applications. Exhibit F March 9, 2006 Page 2 Master Support Agreement 25E-9 EXHIBIT 2 To Software Maintenance Agreement COVERED APPLICATIONS This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated March 3, 2008, between the Client and Abbey Group (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. Abbey Group will provide the Basic Support described in Section 2.1 [Basic Support] of the Agreement for the Jail Photo Imaging System, Jail Corrections Management System and interfaces for an annual maintenance fee of $45,334.00. Exhibit F March 9, 2006 Page 1 Master Support Agreement 25E-10 EXHIBIT 3 To Software Maintenance Agreement Warranty & Maintenance Support -Guidelines & Options This Exhibit is attached to, incorporated into and forms part of the Master Support Agreement, dated March 3, 2008, between the Client and Abbey Group (herein referred to as the "Agreement"). Capitalized terms used herein shall have the definitions set forth in the Agreement, unless otherwise defined herein. In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. Methods for Contacting Support Method Procedure Tele hone 877 265-9140 352-401-0770 Web Site www.abbeygroup.com Fax 352-401-9318 U.S. Mail 1515 Silver Springs Blvd., Suite 110, Ocala FL 34470 Prioritizing TSRs To ensure TSRs receive the appropriate response and attention required customers should assign each TSR a priority code that is consistent with the definitions outlined below. All problems are addressed according to their priority level. Priority Category Definition Resolution Requirement Level Priority 1 Urgent The Entire System or a Major Component is DOWN. Continuous work until Customer cannot use system to continue operations. problem is resolved. After Impacts multiple users, halts or severely impacts critical 24 hours of remote operations, or database integrity is compromised. attempts, onsite assistance is required until TSR is NOTE: FOR PRIORITY 1 ISSUES, CUSTOMERS corrected. MUST CONTACT THE CSC IMMEDIATELY BY TELEPHONE. DO NOT DELAY RESOLUTION BY SUBMITTING A PRIORITY 1 TSR BY WEB, EMAIL, FAX, OR U. S. MAIL. Priority 2 Standard A major component or function does not work properly. Continuous work until Impacts an individual or small group. Normal operations problem is resolved. After impaired, but can continue. 48 hours of remote attempts, onsite assistance is required until TSR is corrected. Priority 3 Scheduled Failure of any application to function properly: Impacts an Continuous work until individual or small group. problem is resolved. After 7 days of remote attempts, a mutually agreeable correction plan must be developed. Priority 4 Information Issue is informational or educational in nature. Abbey to provide Enhancement requests should be reported as Priority 4 proposal for when such TSRs. TSR will be addressed. Software corrections will be made in next release, while information requests will be fulfilled within one month. Exhibit F March 9, 2006 Page 1 Master Support Agreement 25E-11 Priority 1 TSRs reported during regular business hours are logged and assigned to an Abbey Group technician for investigation and resolution as soon as the information is gathered from the reporting person. Priority 1 TSRs may be reported 24 hours a day, 7 days a week. TSRs for Priority 2, 3 and 4 calls are assigned to the applicable technical team for review, assessment, scheduling, and resolution. Regular TSR reviews between the customer and the Project Manager or Account Manager will allow Abbey Group technicians to focus on problem resolution and improve the TSR resolution time. Exhibit F March 9, 2006 Page 2 Master Support Agreement 25E-12