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HomeMy WebLinkAbout5563 � ,. ��� ��� AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Master Service Agreement, Study Session Date: April 13, 2016 Statement of Work, and Service Contract COUNCIL MEETING Date: April 20, 2016 with CodeSmart for the OCourt System Department: Municipal Court Presenter: Dawn Nelson Phone: (360)473-5242 SUMMARY: The Bremerton Municipal Court wishes to enter into a Service Agreement and Contract with CodeSmart to purchase the OCourt System. This program works in conjunction with the State Administrative Office of the Courts System (JIS)to improve efficiencies, decrease waste, reduce errors and eventually go paperless. ATTACHMENTS: 1) Master Service Agreement; 2) Statement of Work; and 3)Service Contract with CodeSmart 4) Background Information FISCAL IMPACTS (Include Budgeted Amount): $32,000 for the initial purchase of the system and an ongoing yearly service fee, estimated to be $7,100 for each of the first 2 years. The $32,000 and first year of$3,550 (prorated) is budgeted and would be paid out of the Trial Court Improvement Account. The following years would come out of the general fund as the court anticipates cutting our extra help position that is currently budgeted for$10,400 per year. This will save the city approximately$3,300 per year. STUDY SESSION AGENDA: 0 No Presentation 0 Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Master Service Agreement, Statement of Work and The Service Contract with CodeSmart for the OCourt system; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [7f Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 . l ,,�cSMART �����8` ��6`�AC�S ��'�'��9�1���' 1. Appliwbi{ity.Each quotation and/or CODESMAitT INC. Statement of Wor1c together with this Master Services Agreement("Offer')is an offer by CodeSmart Inc. ("CODESMAH7"�to Bremerton Municipal Court("CUSTOMER")to sell to CUSTOMER the professional services performed by CODESflIIART and to enter into the agreement that the offer describes. 2. Acceptance.Eath Offer shall be deemed accepted upon the terms and condRions of such Offer by CUSTOMER by written acknowledgement or by the issuance to CODESMART af a purchase order or other acceptance document.Acceptance is expressly IlmRed ta these terms and conditions.No purported acceptance of any Offer on terms and conditions which modEfy,supersede, , supptement or oiherwlse alter these terms and conditions,whether contained in CUSTOMER's purchase order or other acceptance document,shail t�e binding upon CODESMART and such terms and conditions shall be deemed rejected and replaced by these terms and conditions unless CUSTONifR's proffered terms or conditions are accepted and physfcaliy signed in writing by CODESMART. Notwithstanding any contrary provisfon in CUSTOMER's purchase arder or other acceptance document,commencement of work by CODESMART shall not constitute acceptance of CUSTOMER's terrns and conditions. 3. Umfted Warcenty and Acoeptan�e ot Services.7he Services will be performed by CODESMART in a manner consistent with good practice in the computer services industry.All Service deliverables will be deemed accepted by CUSTOMER If not rejected in a reasonably detailed wtiting within fifteen(15)days of submission to CUSTOMER.In the everrt the 5ervices are not in conformance with this warranty and are rejected as specified above,CODESMART wfll supply commerclally reasonable services to rnrrect or replace the work at no charge to the CUSTOMER.THIS IS CUSTOMER's EXCLUSIVE REMEDY FOR BREACH OF WARRAWTY relating to Services. 4. Service Warrenty Disdaimer.CODESMART MAKES NO WARRANTIES�F ANY KIPID WITH REGARD TO THE Sentices(other than the IlmiCed and exdusive warranty provided for Serv(ces u�der Section 3).GODESMART DISCI.AIMS ALL�71iER REPRESENTA710h� AND WARRANTIFS,F.XPRE55 OR IMPLIED,AS TO THE Services,INCLUDING,WITHOUT UMITATIOIY,ANY WARRAN7Y OF MERCHAIVTAB1LffY OR FITNE55 FOR A PAR7tCULAR PURP05E. S. Intellectual Property for Servioes. (a) Upon payment in full for all charges undet tfiis Agreement,LODESMART will grant CUSTOMER such rights,title,and interest it may own ta the software and documentation developed by CODESMART specificaNy for CUSTOMER ander this Agreement subject to the following Ilmitation.CODESMART retains a world-wide,unlimited,perpetual and royatty free right to(i)copy and use the software and documentation internally for any purpose;(lf)copy and dlstribute to third partles software which.performs a general utility functlon;and(Ili)use for any purpose any concepts,fdeas,or technlques resufting from the development of the software and documenption by CODESN9ART. {b) CODE5MART grants to CUSTOMER all right,title,and interest tn the software and documentatlon that is an enhanceme►rt to or modfficatlon of existing software ar documentadon on all of the CUSTOMER's computer systems. {c) Any CODESMART software,equlpment or consulting,progremming,or management tools which may be fumished or uttlized by CODESMART tn the performance of these servlces shall remafn the properry of CODESMART and shall be immediately retumed to CODESMART,upon fts request or upon completion of the Services. 6. Service Work Assignments.CODESMART retalns the right to ass(gn such personnel,including subcontractors,as it deems appropriate to the perfonnance of Services under the Agreement. 7. CUSTOMER Coordination for Services.CUSTOMER will provide a primary paint of contact and make available all technica!matter, data,Information,operating supplies,and computer system(s),as reasonably required by CODESMART.CODESMART will assign a prlmary concact person for the Services. 8. PrPce and Payment.The prices in this Agreement are exclusive of all applicable taxes,dutles,licenses,and tarllfs levied upon the sale,purchase or dellvery of the Services which remaln the CUSTOMER's obllgatton.Prices quoted are firm for thirty(30)days following the quote unless athervvise provided on the Offer.Except for COD accounts that are due on dellvery,payment is due thiRy (30)days from the date of the invoice.Alt paymenu will be made in US currency.Qut of pocket expenses wlll be charged as incurred. Unless expressly proVfded to the contrary,kems deslgnated by CODESMART as estimates are estlmates only and are not binding commitments.CUSTOMER will pay interest in the amount of one and one half percent(1.596)per month,or the maximum ailowed by law whlchever Is tower,on any outstanding balance owed. 9. Confiderrtial Information.Written and oral informaUon deslgnated as confidential by either party whether before or after the effective date of this Agreement shall be held in strlct confidence and used only for purposes of this Agreemerrt.Except as required by law,no confidentlal irrformation,ineluding the provistons of this Agreement,shall be disclosed without the prfor wrftten consent of the party designating the information as confidential.If either party 1s requlred to disclose any confldentlal information of the other parry,the party so required shall notlfy the other party immedlately and shall cooperate in seeking a reasonable protecttve order.This sectian shall not apAly to information,which Is(i)in the publlc domain,(ii)already known to the recipient,(lil)devetoped independently or(iv)recelved from a third parFy withaut simllar restrlctfon and without breach of this or a sirnilar agreement. 10. Export.CUSTOMER acicnowledges that it is responslble for complying with(and agrees to comply with)all applicable export and re- export control laws and regulations,including,without Ilmitation,the Export Administration Regulations maintained by the United States Department of Commerce.Spec(fically,CUSTOMER covenants that lt shall not—directly or indlrectly--sell,export(including without limitation any deemed export as defined by appllcable law),re-export,trensfer,divert,or otherwise dispose of any Service dellverable to any country�or natianal thereof�sub}ect to antiterroram controls,U.S.embargo,encryption technology controls,or i to any other person,enfity(or utilize arry such person or entity in connection with the activlties Ifsted above},or dest{nation : prahibited by the laws or regutations of the United SYates,without obWlning prfor authorizatlon from the campetent government '4 ,�`SMART i � authorities as required by those laws and regulations.CUSTOMER certifies,represents and warcanu that no Service shall be used for any mflitary or defense purpose,including,without limitation,being used to design,develop,engineer,manufacture,produce, assemble,test,repalr,maintaln,modify,operate,demilitarfze,destroy;process,or use military or defense articles.Notwithstanding any prov�ion of R services or deslgns by CdDESMART,CUSTOMER acknowledges that it is not relying on CODESMAR7 for any advtce or counsel(ng on such export tontrol requirements.CllSTOMER agrees to indemnify,to the fullest extent permitted by law, CODFSMART from and against any fines,penalties and reasonable attoi ney fees that may arise as a resuit af CUSTOMER's breach of this Section. ii. Limitation of Liebillty.NO MONETARY RECOVERY IS AVAILABLE FROM CODESMART fOR WARRANTY CLAIMS.IN ADDITIUN,IPI N� EVENT WllL CODESMART's LIABILITY 1'D CUSTOMER D(CEED TNE PURCHASE PRICE PAIp FOR TFlE SERVICE THAT IS THE BA515 FOR THE PARI'ICULAR qAIM. CODESMART Wlll N�T,IN ANY EVEIYT,8E IIABLE FOR ANY L055 OF REVENUE,PROFlT,USE OF DATA, tNTERRUPTIOPI OF BUSINESS OR FOR SPECIAL,IIYDIRECT,CONSEQUENTIAL,INCIDENTA�IXEMPLARY OR PUNRNE DAMAGES, HOWEVER CAl1SED AND REGAADLESS OF THE THEORY OF LIABILITY,ARISING OUT OF THE USE OF OR INABIUIY TO USE THE PRODUCT OF THE SERVICES,OR IN ANY WAY CONNECTED 70 THLS AGREEMENT,EVfN IF CODESMART HAS BEEN ADd{SED OF SUCH DAMAGES.'fHE FOEiEGOlNiG LIMITATION OF iIAeILITY WILIAPPLY WHETHER ANY CLAIM IS BASED UPON ARINpPLfS OF Cp1111'RACf,WARRAfVTY,PIEGLIGEMCE,INFRINGEMEPIT OR OTNHR FORT,BREACH OF ANY STAMORY D�l'fY,PRINCIPLES dF INDEMPIITY,CONTRIBU'TION,OR OTHERINISE. i 12. Cancellallon of Order.�ty may only cancel for good cause or for reasons out of the Cit�Is control,such as budgetary mnstreints. tf tity cancels the contrect,Gty must pravide relmbursement to[ODESMART for all work and services already rnmpieted,and must give CODESMART 30 days advance notice of such cancellation. ' 13. AddEtional Coatractual R(ghi5 for Oefauft.If CUSTOMER defaults in performance of any obligation under this AgreemeM,including the payment of any amount due,CODESMART may,at its aption,suspend performance,require prepayment,or terminate its performance and collect payment for all Services provided up to the date of termination. 14. Attomey Fees.CUSTOMER shall reimburse CODESMART for any and all expenses fncluding,wfthout limltation,reasonable attorney fees and legal expenses that CODESMART pays or incurs in protectfng and enforcing the rights of CODESMAftT under this Agreement. 15. Publ'kation.lYothing rnntained in tfiis Agreement shall be interpreted;so as to prevent CODESMART from publicizing Rs buslness relationship with CUSTOMER or the nature of the Services performed for CUSTOMER. 16. No Sollcitation.CUSTOMER agrees not to solicit for employment or to employ any CODESMART employee during wark being perFormed and for a period of twelve(12)months following the conclusion of the work performed under this Agreement. CODESMART agrees no tot soli�it for employment or to employ any CUSTOMER employee during work being performed and for a period of twelve(12�months foilowing the conclusion of the work performed under this Agreemerrt 17. Indemnification.CUSTOMER agrees to defend,at its expense,and to indemnify CODESMART against any award of damages and costs based on the claim that any materials or daumentation provided by CUSTOMER to CODESMART during this engagemern infringes a U.S.patent,copyright or other intellectual propeRy right of any third party. 18. Goveming law.These Terms and Conditions will be construed in accordance wfth the laws of the State of Washington. AIt legal claims must be filed in Kitsap County Superior Court. 19. No Waiver.The failure of either party toinsist upon mict performance of any of the provisions of the Terms and Conditions wilt not be deemed a waiver of arry breach o�default.The remedies provided to CODESMART hereunder are not a waiver of the remedies of CODESMART under applicable law. 20. Severabllity.If any provtslon of the Agreement Is unenforceable as a matter of law,all other provisions wi#I remain in effect. 21. F.xcusable Deiay.CODESMART will not be Ilable for any delay or failure of performance whauoever due ta acts of God,earthquakes, shortage of supplies,transportation difficuldes,labor disputes,riots,war,fire,epfdemiu or other circumstances beyond CODESMART's control. � 22. Time for 8ringing ClaEms.Any claim by CUSTOMER against CODESMART, arising from or In connectlan wlth the Agreement or any related purchase order canrrot be filed,made or malntafned unless filed withtn six months after CODESMART, has provided the Services in question. � 23. Eritire Agreement Tfiese terms and conditions along wlth the Offer constitute the entire agreement betv,reen the parties as to the sale Services and supersede all prior or current written or oral statements,representations,negotiations,agreemenu and understandings. .� � �.�tSMART� �'lH6�LL�r,�9H�i�Y6A ��.Y�li..0 1�1JC.1iRl'/Y.rl!S /��70,�� �� L�.Ari+��il:.� 9 c.�Ln V_ n Auti►orized S�gnature Authorized tare Name: Mark M.Meyer Name: � � �--`e�'� Tide:President-CodeSmart lnc. T�tle: �,(it�- U 1 Date: ��r;�r ��' � �� ,6' Date: � �� � � � �.��SMART ���r�t ���i�� l����i �greemen� ��d��rn�r� I �co - ���y �f � re�erfon une�ip�l ��urt -e:,:�`:�-:_., . ._::. �`��:t::�s';:�i+r t�.,:;�;:x�. ��.. �.;*..a•,�v�•,�; a�� ::�;%' ���,.�,�r,, s..,,,;�-��., . F�v ti:sti., r.�`-`,��:�„ :.} �. � ' ; •���.����� ``�`y�rF� �f����2�'{���' 975 Carpenter Rd NE Suite 101 ��;"�r��<"•,: �;'�!� r c•':,_tf". � -_, ;��,•, `°�_ ���'�� �` �"� Lacey WA 98516 w,, a�;,. ;-;.,.,-� . 4•�,tay:� ,r•i.a;��`:��; ! `�-�`�r°�; �f`�==�`��' (36�) 915 7017 °��,�::,j�� ��;:�, �:: .,.5 ':�'�`Y.',y'';��,. E•r�x���:i• .�A 5*�a�:�L+�}E=��_' 1;;��:°;�;.;"'.,v.�t":,:"?;'?;,• `:"u�,4',' =,i, :;�; J�`�K: �:'�: w. �.."y�i `?k`i%�c..=..a k^`�;'�•I .4�a�,�!�A��i='y ,[_`��',}.'!r`��j�h, �a;.`;�i.fJ�yA�,. �:t��S �r=�*,��g�,�� ��„+' -8,. �F';,<;.�,�^i pf� „e�'ska� •��:'�V�i.Y�:.��"u). •c.,n� ' ,a.y,tY,.`�'Y% '.?v'`i#,Y' l.;ct�ie. ,,, w'.v.�2'.e�v:`.� �wF 1��!`.:��.,,, ".�j�`f;'y',"� a.3h��'1`.'S'i�:� �' .�k`"' "r.i�iS,` ��;,•`x�:;cMr '�i�`C:;r° �it;;3; :-. qs-:� `'� �c�::f•' 'Y;: a5i,+r�,^[ic±��. T�'r+ Contents 1. Service Level Agreement Ov�rview...........................................................................................................................2 2. Descripfion of Services.....................................................................................................................................................2 �2.�.lntroduction...............................................................................................................................................................................2 2.2.Specific Services..............................:....................................................................................................................................3 3. Probletn Management.........................................................................................................................................................3 3.7.General.........................................................................................................................................................................................3 3.2.System and Contract Su,pport~Escalation Contact List.................................................................................3 4. Service Performance...........................................................................................................................................................3 2016 Codesir�art Inc. . . - . - ,��SMART . 4.9.lnfrastructure Team Availabifity...................................................................................................................................3 4.2.Operational Expectations................. : ...........................................................................................................................4 4.3.System Availability...............................................................................................................................................................4 4.4.System Operational Limrtations...................................................................................................................................4 4.5.OCourt-File Processing..................................................................................................................................................4 4.6.OCourt Securify......................................................................................................................................................................6 4.T.Bug Reporting/Tr�cking....................................................................................................................................................8 4.8.Sysfem Dutage/Securify Reportirag............................................................................................................................8 4.9.Record Transacfion Processing fssues;.................................................................................................................8 5. Cost of Services.....................................:...............................................................................................................................8 5.1.Annual Maintenance Fee................................................................... ..........................................................................8 5 2.Calculation.................................................................................................................................................................................8 6. Service Provider and Customer Responsibilities.............................................................................................9 7. Periodic Review Process..................................................................................................................................................9 7.9.Overview.....................................................................................................................................................................................9 7.2.Changes.....................................................................................................................................................................................9 8. Termination of Agreement Process........................................................................................................................10 9. Glossary of Terms.............................................................................................................................................................10 10. Acceptance and Authorization...................................................................................................................................10 201G CodeSmart lnc. . � ,: • . � 1 - ,;��SMART � 1. Service Level Agreement Overview This is a Servic� Level Agreement (SLA) between CodeSmart inc. and Bremerton Municipal Court (Hereafter referred to as"municipa{ court of Bremerton"). Outlined withir�this dacument is an expeoted level of service for the maintenance and on-going support related to the CodeSmart Inc OCourt system. Specificatly, this SLA addresses the following: • CodeSmart's commitments • CodeSma�t's execution of delivery • Bremerton Municipal Court' commitments • Bremerton Municipal Court' execution of delivery • Success criteria and measurement • SlA change over time This SLA covers the period 7/15/2016 ta 7/14/2019(this is a tentati�e date as the SLA will come into effect after onboarding of OCourt is complete), and will be reviewed. revised and Fenewed at the end of this period for an additiona� 2+y$ars an�ess anv concerned aartv chooses to withdraw�it will remain in effect until a new agreement is signed: 2. Description of Services 2.�. Infroduction CodeSmart is providing its proprietary OCourt system to Bremerton Municipal Court. OCourt is online web based business application that streamiines the court processes and integrates with Washington State's AOC JIS system in real time. OCourt has mu(tiple features including case scheduling, E-�orms, Archiving, E�ignature and Lobby display. Electronic documents created in OCourt can be conauRently viewed and edited in real time in a court room and a defendant located ofF site in a jail facifity. OCourt supports a number of e-signature technologies including touch, physical signature pad and stored signatures online. OCourt offers real time synchronization to JIS from electronic forms, with built in � analytics for Administrators, Cler�cs, Judges, Prosecutors and Public Defense. There is nn simitar court product offering for City, Municipal and County courts in the state of Washington. 2016CodeSma�t�lru. . � . � . _. � � � 2. - �CC� ���`SMART 2.2. Speci�c Services CodeSmart will: � a) Ensure OCourt-specific security processes and best-practices are followed b) Notify Municipa! court of Bremerton of any apparen# anomalies in data-transfer c) Communicate future enhan�cements, modifications, or outages to all relevant parties � d) Maintain network and identity-related security protocols e) Enforce praper deplayment and maximum server up-time fl Establish and enforce proper application server deployment techniques g) 24x7 maintenancs of the server environment h) Maintain an environment scalable to meet current 8 future customer expeckations 3. Problem Management 3.1. General If at any time OCourt users experience a fapse in OCourt services, as defined in this SLA, they should immediately notify their managers, noting specific items to be addressed. 3.2. System and Contract Support Escalation Contact List Please use the following escala�ed contacts for Operational System or Contract Support issues. Please refer#o Section 3.0 to confirm Service Performance standards and metrics. OCourt System tssue Escalation Contacts . . � . . I. �� . . . • � �� . OCo Co ct ssue Es a t'on Co tacts . � - . : � . � � � � 4. Service Performance 4.1. Infrastructure Team Ava�lability CodeSmart Irrfrastructure Team hours of operation will be established and managed under muttaal agreement by CodeSmart ar�d Bremerton Municipa! Court leads. CodeSmart proposes the following availabili : ` - :t.. '� ��i��i.•�:r'_::%`;,�? - �-'- - - '-.{i�'• .•r.,v� - :�f: '1:i�' _ ,. "i- �` •.p�� ,r. �� _ _ _ ,..,;;:;L _ ;Ser�i!ces:` °'� c�n�.;� , �;:: - ��. .IP� :'�•. S stem Su � jrt Hours of o ration 9:00 AM to 5:00 PM Monda to Frida Exce t for Federal hofida s . Regularly scheduled maintenance frequency Perfbrmed on 2"�/3rd Saturday of the month. Email no6ces are sent to all users. lssue Res nse Time 4 Hours Hi h Priori Issue Resolutian Time 2 B siness Da s Medium and Low Priori Resolution Time 1 Week . 2016 CodeSmaFt Inc. ° � . . " � � � -- . � � - � - - - � 3 - ���SMART 4.2. O erational Ex ecta#ions ::�e,rve,F=Ba�lcups,;';`:...-:�.'�- •:s'; _- � �Fre 'uency: Re ularl sol�eduled backu Dail , Lo Truncation Monthi Retention of collection data Continuous 4.3. System Availability � The OCourt Administrator{s) wiH wark to ensure the following: • All case information that is transmitted between CodeSmart's servers, the customer's servers, and AOC's servers, are secured via HTTPS. • All login passwords will be restricted to a sufficient level of complexity so as to prevent brute-force hack attempts. • CodeSmart will not store actual user passwords unless customer requires it. • CodeSmart will abide by the terms of the overall agreement governing auditing and logging af customer data interactions as specified by the Administrative Office�or the Courts (AOC). • Logs will be truncated every 1 month in order to minimize the possibility of sign�cant data-loss during security breech. � • Outages shall be scheduled with at least 1 week advanced notifica#ior�to all custamers and partners. • All outagss or un-expected problems arising as a result of OCourt software will be assigned a dedicated response team within a 48 hour period. • The data-retention period for OCourt will not exceed 7 years. {Customer can request less if needed.} • CodeSmart will provide individual records data to Court Customer upon request. CodeSmart wil! not retain the document data beyond 980 days. • Regularly scheduled backups will occur every 24hours with hourly backups of the data within the database. • CodeSmart wiil maintain the ability to recover from a hard-�rive failure or mas#er Hyper-V host operating syster�failure within a 24-hour period. 4.4. System Operational Limitations While always endeavoring to r�solve any system failures, there are condi#ions that may be beyond CodeSmart's ability to address. Examples indude, but are not limited to: • AOC J!S availability (OCourt will not function properly without JIS functionality} • Customer network outage • Customer firewall or browser issue that is specific to their own lT environment • Upgrades to Judicial�lccsss Browser System (JABS) that causes a problem or outage • SSL cert�cate�s}expiration • Third party back-up power failure • Restricted access to JIS • J1S down-time (impacts data#ransmission). CodeSmart's commitments, per this SLA, are fimited to those basic services, and desigr�ated optional services for CodeSmart supplied or operated systems. Outages within the customer's oum syster�s, and/or the customer's network provider's systems aver a period of several days do not fall within the scope of this SLA nor will CodeSmart assume responsibility for them. 4.5. OCourt- File Processing OCourt Overview: The OCourE system is considered a °real-time" system in that users expect to see data in JIS after they've entered it into the system. However, there is als� a regularly scheduled [automated] process that kicks off every 24 hours, to migrate the customer's JIS data into our queue for synchronization and error notification. 20�6 CodeSmart-Ic�C. = , _ � - - - _ _ � - �� 4 - �;��SMART � � . There is another"near re�al-time° mechanism that is init�ated by user actions such as pertorming a case submi.ttal action or typing in a large riumber of cases to associate with.a hearing. User Authorization and Authen�ication: A usemame/password for OCaurt�csn be established by registering for the site, and then approved by a Court Administrator or CodeSma�t System Administrator. Users that are approved can then be associated with specific rotes that.will allow them to revlew various functions that have been associated with their assigned "rote" in the system. Handiing Dependency Changes: In the even#that CodeSmart lnc's OCour# system is operating normally, but there is: 1. An anomaly present in the JIS and/or document storage data, 2. A.lIS screen has�been modified and#he customer has failsd to notify CodeSmart, 3. A Document Storage APf has beeri updated � CodeSmart may reach out to the customer in order to faci{itate a resolution. In practice,this type of anomaly rarely occurs. However, if it should occur, CodeSmart Inc will be able to respond within 72 hours of notification regarding any small AaC screen changes, document storage API updates, or data . anamali�es. If the mod�ca'tion is severe enough (for instance AC�C replaces JtS with a new Case Management System and doesn't tell anyone about it) CodeSmart may not be able to bring the system back-oraline within a 72 hour period. Therefore, it is necessary for AOC and the customer#o keep CodeSmart ir�formed of known upcoming cf�anges and upgrades. Extemal Doc Storaqe Sync Oqerations (Applicable to 3rd-partv extemallv hosted solutions only!): For certain customers, CodeSmart will support software that is responsible for downloading extemal data conceming electronic documents associated with a case(s). Securit : . 3rd-party vendor data (i.e. �aserFiche, SharePoint, Sire, etc) should be made available to CodeSmart in a secure fashion, but CodeSmart is not res�onsibfe for enforcing agreements between its own Cvurts customers and their 3rd-party partne�vendors. Therefore, CodeSmart will download data rela#ed to the OCourt system from Court customer 3rd-party yendors even if it is provided to us in an inherently , insecure fashion. lt is the customer's responsibility to ensure that their 3,rd-party vendors are,working in a secure fashion with CodeSmar�. Basically, CodeSmart does not coritrol or have leuerage aver any Court customer's�own vendors. . 3rd-party Data Transmission: , r, , We will notify our customers in the event that we not�ce odd pattems in data-transmission such as (a) no data�or unusual periods of time, (b) �ad data repeatedly being tr�nsmitted, (c)too much data being transmitted. Ultimately,,if the cus#omer wishes for CodeSmart to work collaboratively with the 3rc!-�arty to resolve the problem,we wil(do so on a case-by-ca�e basis. . Customer Networic, Dacur�ent�StoraQe.Provider, orAOC Svstem Anomalies: There a�e many points Of failure ir��th�overall data pipe-line for the OCourt system. CodeSmart often plays the role of working to resolve�any break-downs in.the pipeline. However, there are times when CodeSmart�tould have absofutefy no knowledge of such a breakdown. The followi�g are examples that have occurred. {a)The custom�r has�a network outage. (b)The customer has a fi�ewal! or brawser issue that is specific to their IT environment. (c)AOC has made'an upgrade to JABS�which causes.a proble�n or outage. {d)AOC has forgo�ten to update the.ir SSL certifcates and the SS�certificates have expired. (e)A�C�experiences a n�#work outage. � . 203.6 CodeSmart Inc. �_ � . - _ . . � , ` � 5 - ,�`SMART � . . Sin�e there are many�points of�ailure, CodeSmart's agreed-upon metri.cs that are defined in this SLA doc�ment may only be applied at the point that we are the sour�e af the problem. Outages v�ithin AOC, the customer's own systerns, and/or the customer's networlc provider's�systems over a period of severa! days do not fali within the scope of this SLA nor does CodeSmart assume responsibility for them. � . Document Stora�e S�nchron�zation �perations (Appiicable to lacallv ir�stalled software onlv!): In the case wheFe the document-stvrage resides infiemal to the customer, CodeSmart wifl provide the . customer with a Windows executa�le�program. The program is ma,de up of mvre#han 3 files. One file is - intended to be con#igured according to ttie unique requiremen#s.of the�customer. This file ends with a *.config file extension. . The Windows executable that CodeSrnart provides to the customer wiil, generally speaking, look for files located in a document storage so{ution, determine if they are reievant case-related files, transmit them over HTTPS to CodeSmar#'s e-Do�s servers, and then disconnect from�he customer's document storage sys#errr. For this reason, it is important that t�e customer not e�cpect that the data displayed in CodeSmart's e-Docs manager will be automatically�rsynchranized with th�e customer's document-storage solution. In order to update the case�locuments when ma�king a change to your document-manageme�data, you wil! . need to�refiresh"the CodeSmart�Dacs extemaf documents list. The sxecutable currently depends on�Microsoft .NET Framework 4.5 in order to execute and perform its tasks. This may change in the future. , The executable transmits the custvmer's ticket data over port 443 which is a standard SSl porE. Oxher than allowing outbound traffic on port 443, and ensuring that the user-account running the executable has the appropriate permissions to read and delete files in the configured processing path of the program, there is no other pperational requirement:af the software. � Case-File Processinq Executable Mainfenance lAnplicable to locallv installed software only!): CodeSmar#may periodically update#fie exec�table suppfied to any Cou�t customer as upd�tes and, enhancements are developed. Given that this executable is r�esponsible for reading t�e appropriate - document data, and also updating it, tl�ere m�y be updates vr enhan:cements required over#ime. The maintenance fee associated with any contract related to the OCoutt system is partially used tp ensure this componerrt stays up-to-date wi#h techraology ch�nges ovec time. � � . � If any Court customer wishes to disabte or rebuild the server tha#the OCourt executable is runr�ing on, they merely need to copy all of the f les,assoeiated with the Ocourt executable... and place them into.a directory on the new server. There is no trnir�sta�l process, re.-configuration process, or other.Windaws artiiac�s in- pface that need tfl be addressed.��f any Cou�t customer needs a new copy of the OCaurt exectitable, CodeSmart vuill provide one for�hem at:no charge. , Ticket Processinq Bandwidth: ' � CodeSmart lnc does not expect to.have any difficul#y processing up to the maximum allowable number of. documents that our pre-screened customers are able to accommodate. (Assumirtg no more than �40,000 cases per year) � ' As the exa�t processing volumes �nd capabilities of hardware, software, and o#her factors adjust over time... so wrili the exact contents of this �ortion of the Service Level Agreement. CodeSmart Inc wi{I be able to proyide�reports within a�48 hour period of exact case-volume processing and anomalies per customer.. ' , 4.6. � O�ourt Security � � � � � , 2(116 CodeSmart I�c: . �� � � , , � � .. " � .. . . • .- � . � - 6•. � �;��SMART �: The OCourt software is managed by CodeSmart's Network Support Team and is responsible for the physical security, da#a redundancy, and other aspects of backups and power supply necessary to maintain uptimes that meet the definition of this S�rvice Levei Agreement. CodeSmaR Inc is responsibie for tfie SSL certi�cate used to secure individual customer logins via the web- based interface as well as encryptwn of the�ticketing data within the SQL Server storage environment. CodeSmart inc is afso responsible for the verification�of regular data-backups and redundancy that is necessary to avoid any data loss. However, in the case of this system... any Iost data may be recovered from multiple sources outside of CodeSmar# Inc's cantrol. (Such as Washington State AOC or DES or the cus#omer.) . CodeSmart fnc iS atso responsible for ver'i#ying the secure transmission of the case data associated with the OCourt system to the customer's�senrers and ta AOC's JIS. CodeSmart Inc will notify the Court Customer within 48 hours in the event of any k�own security breach or compromise to the integrity of the data. If CodeSmart determines that a usemame or password of a valid user for Court Customer was utilized during the security breach, we will immediately deactivate the accaunt and change the password prior to r�otifying the Court.Custo�ner, in order to ensure that no further security breaches occur. . , � . ; . � ; . 201�CodeSma�t Inc.�� � . �. ' � � . � � ' �. . - . 1 �, � � �,��SMART 4.7. Bug�Reporting/Track�r�g CodeSmart Inc is responsible for tracking all bugslproblems associated with the OCourt software or general processing of OCourt-relafed tickets from the customer's 3'�-party ticket vendor as needed. CodeSmart tnc currerttly uses a sysfem known as"AdminiT.rack"ta facilitate the reporti�g of bugs. A username/passworc! may be established for any 3ro-party wishing to pravide bug-repocts on a 24x7 basis. Bug repo�ts may be generated from the AdminiTrack system upon request within a 4&hour period. 4.8. System Outage/Security Reporting Due to the complexity and nurnber of systerns supporting OCdurt processing system, it is diifcult to centralize a repo�ting mechanism to identify all system outages, securify-related issues, or other concerns.over an extended period�of time. However, CodeSmart will provide a regular security buNetin for issues within the CodeSmart server and OCourt environment upon request. CodeSmart cannot provide information about the system funcfionality or security of non-CodeSmar�server environments. 4.9. Record Transact�on ,.Processing Issues: In the event that transaction processing does not occur aorrectly, customers are notified in one of 2 ways. (1)via emai1 ff it is a long-running transaction process. (2)via user-inter�ace if it is a"rea(-time" or"near real-time"transaction. AdditionaAy;,.�he,OCou�t Systems Administrator(s)will atso be nof�ied. It is possible to include other members fi�om various roles in these error notifications upon �equest. Error emails are filtered by the Custorrler identifier because there could be more than one Court orga�ization u�ing the same system. A configurable customer email address can be associa#ed wi#h each Customer id. In this case, a"customer ide�tifer" is the unique information that identifies custom�rs such as Ci#y of � Tacoma, City of Fife, City.of Lakewood, etc. 5. Cost of Serv�ces 5.7. Annual Mainfenar�ce Fee � Scope of CodeSmar.t Inc.'s OCourt sys#em services to fUaunicipal Court of Bremerton shalt be,performed forthe not-to-exceed amount of$3,550 forthe period of six{6) months i.e. July 1�, 2096 to Deeember 316�, 2016 for maintenance and on-going support. This fee does not include feature ennancements or future improvements. lt is intended solely for ensuring proper security accor�ing to AOC guidelines, industry best-practices, and normal operating procedures. . 5.2. Calculation This maintenance fee is catculated based on the estimated number of cases per year. CodeSmart used the figure of 10,873 cases which was confirmed wi#h Municipal court of Bremerton as the number�of cases per year. . � The actual number of transactions processed through OCourt for Bremerton Municipal Court during this year will be used to calculate the next year's maintenance fee and w'i!I be reflected in the next version of this service contract. _, . . : , , _ � . . " $ 2fl�G CodeSrriart�nc. ; , - :� _ � � . � . .. � , � . . � - , � �� ���SMART � 6. Service Provider �and Customer Responsibilities ,�,. •.�.;:,�. - •;�;x.�;�;: :;; ••_ -- - ,r.:.� _ t.: - - �� - �;�._ - - s :,� :.t., - '.; �Sfbl��x1�S;;':��;;Y,`.:: _ `;��§ ��i _ _ -- _ -,�a>` �K'� _ :,� �.3:,;+c` _�x'�'' ":A�.�• . '�CodeSmart .�•' ,fnstalls, updates,�and configures the.physical Electronic Documents, SchedulR, and synchronization witti JIS • Ensures Electronic Documents, SchedulR, and synchronization-specific security pFocesses and best-practices are followed . • Notifies all parttlers of any apparent anomalies in date transfer or ongoing . operations ��� • Communicates future enhancements,;modifications, or outages to all relevant parties - • Maintains data-ret�ention policies Municipal . . Responsible for correcting data-entry errors Cou�t of . . Provide all digital da#a-ehtry including hearing mformation, e-Doc data, required e- Bremerton Document case fil�s, and7or other releva�t information • Responsible.f�r�syncing the hearing or other data periodically from JIS. (Unfil a real- � time data synchron�zat�on mechanism can be built and agreed to by A4C.) • Responsible for following system business practices to ensure long-term operational needs � � . • Responsible for accepting valid users, elevating user permissions, and generally removing users;that are no longer�art of the Court • Responsible for�.coUaborating with CodeSmart�system administrators ta identify features, functionality, or problems that need#o be addressed • Responsible�or�ensuring proper e-Document signatures and association with relevant heari� and case- es 7. Periodic Review Process � � 7.1. Overview . , This SLA will be reviewed at a minimum once per contract y�ar. Contents of this document may be amended as required, pr'ovided mutu�al agreement is obtained and communicated ta aU affected parties. The Document Owner wrill incorp�rate all subsequent revisions and obtain mutual agreements/approvals. as required. � - � a) Document Owner: Mack Mey.er b) Review Period: Annually or as requested , � c) Previous Review Date: July �., 2016 . , d) Next Review Date: December 30th, 2016 � 7.2. Changes � � � This SLA is a d�rnamic documen�and wiA.be�periodicall.y reviewed and changed when the fo8owing events occur. a) The environment has changed. • b) The customers expectations�andlor needs have claanged. c} Work�oads have changed.(lncluding processing volumes and capabilities) d) Better metrics, measurernent tools and processes have evolved. '201f CodeSr��rt t.nc. � . .•. ' ,` ;;-: : .� . ' : . . . � � . � ' 9 � �r�SMART 8. Termination of Agreement�Process This agreement shall run ior a period of six (6) months from the effective date and, absent mutually-agreed amendment and extension, shall automatically terminate with or without notice o#termination. Upon termination of this Agreement, CodeSmart shall have no further obligation to provide any Services�hereunder to Customer. Termination of this Agreement shal! not affect any obligation owed by either party to the other as accrued prior to such termination. � - � 9. Glossary of Terms • AOC—Administrative Offce of ttie Courts. • APS Automated Payment System , • OCourt-CodeSmart Inc.'s proprietary online web based business application that streamlines the court processes and integrates with Washington State's AOC JIS system in real time. OCourt has multiple features including case schedulingr E�Forms, Archiving,�E-Signature and Lobby display. • EA Group—Enterprise Architecture Group: A goveming body or group within the AOC, responsible for the oversight and general.design of Information Technoiogy as it relates to the agency. • Executive Management—The 15D Director or other management entity responsibie#or averseeing th�e agency information Services budget and project selectiori. • ISD—tnformation Services Divis"ion:A divfsion within the AOC responsible far the maintenance and development of Information Technology Software and Hardware. • JfS �Judicial Information Systems � • PMO— Project Management�ffice; the organization responsible for the oversight and direct management of projects within the.AOC. • SSL-Secure Sockets Layer; a protocol d�signed to provide secure communications over the Intemet using asymmetric key encryption. 90. Acceptance and �Authorization � IN WITNESS WHEREOF, the parties�hereto each acting with proper authority have accepted and authorized execution of this Senrice Contract. � Bremerton Municipa! Court ' CodeSmart Inc. � Mark Meyer _ Full name , Full name ' ���� President �Title , Title ��. • Signature ' gnature ' �� ?.a`.� d�D�! . /�, o� d f�& Date Date 2016 CodeSrn�rt Ipc. , - . - -. -:� , - � - ' .. - . , , 1�. • �� ��,�:�S�J� Stateme�t of VI/ork Not-to-exceed deliverable . . Munic"ipal court of Bremerton , Dawn Nelson • . - OCourt : - . . . - �� April 15i 2016 , , . - � July 14, 201b . 4J18/2016 CodeSmarf Inc. Statement of Wor9c Page 2 - Statement of Work � SCHEDULE OF TASKS ' " , • - f 1 � � � � � f . Setup SchedulR , � 15 $7,OOQ Setup E-Docs modufe 30 $25,000 Setup FTP transfer � 5 � Totaf Cost 50 $32,000 � OB3ECTIYE Municipal court of Bremerton desires to have in-place a case processi�ng system to efflciently manage eourt hearing schedule, update JYS from Hearings � manager, maintain a library of dynamic court forms that auto populate with defendant information based an JIS records: The system will give �ea� time access fio 3udges, Clerks,�Prosecutors and Defendants live in the court room setting and allow all parties to sign case forms electronically. The forms will fihen be stored in the courts doc.umen� storage�system and aut4ra�aticaEly update into JIS. � CadeSmart Inc has developed technology to better integrate VUashington .State's Courts of Limited Jurisdiction case management system, JIS, with each individual Court's internal systems and vendors. SUCCESS CRITERIA � Project Success Criteria is defin�d as d�livery of a web application ahd serv�ces enabling-specific business��apabilities, as foll�ows: • Scheduled events in Hearing Wizard are automatically added in JIS • Schedul�ing of events within the Hearing Wizard allows creating ev�nts with automatic inclusi�on of�Defendant, Case Number, etc .(previously manually added data within Outlook) 4/18/2016 Statement of Work Page 3 , Statement of Work • • Selecting a hearing wiil al{ow you to click on a Case # and view ail ' documents currentiy associated with that Case. • Docurrient storage snlukion will be integrated into the case-file management interface to sea,mlessly leverage Court's existing document storage capabitities. . • Document terr�plates are de�ined and available within the OCourt system via a popup wind�aw when creating new documents. � • Document templates�can be�populated automatically with the data �rom the various 7IS screens. by choosing "Insert Case # Information". • Pre-popu{ated tempkate data and manually entered data wil# be stored on the server for future docut�ent,template generation during a hearing. • Documents can be edited and concurrently vi�ewed between various parties during a eourtroom hearing. ` • Court clerks can�organize and distribute documents and package tl�em with nort-generated documents as part of a comprehensive case-file for any hea►ings tha� ar� sc�ied�led. • Documents can be "sa'ved" back to the Court's document storage solution of choice. � • Document arcfiive� can be reviewed and searched. • Documents can �e electronically signed by 3udge, �rosecutor, Pubiic Defense and defendants ' � • Documents can be electronically signed by Municipal court of Bremerton staff as �needed. � Project success funcCionality can be described as the ability to: . System � � � • Display and maintain an up to date-schedule of afl cases by day/court raom - � - • Display open/close.c�ses throughout the proceeding • Maintain a Court Forms library with ability to add/edtt/remove forxns • Abil�ty to attach forms to �ither one or more cases • Ability to dynamically�modify form based on form fieid vafues • Abi,IFty to extract c�se metadata from �IS and populate forms • Ability to collect sigr�atures from an input source �ike Mouse, Touchscreen and Topaz�Signatur� pad. � • Ability to lock a f+le wfien judge signs the document • Maintain an audit, by�user and action • Ability to convert�forms into PDF format • Ab�lity fio upda�te JIS - .� � . � 4/18/2016 Statement of Work • • Page 4 ` . . Statement of Work ' Administration � • Add/Edit/Remove users and assign roles Co users . View Dashboard information wifih all case infbrmation, electronic document activity, document archival satus • Maintain backend/lookup tables iike Judge, Courtroom and contacts • Ability to main the Form library and JIS hearing type codes • All the abflity to p,erform actions mentioned in Clerk role Cferk • View court schedule : • Add, remove or reschedule case • Batch reschedule�case from Schedule • View forms Iibrary • Add farm(s) related to case , • Update forms content • Make forms viewable by others . • Mark the farm as rev�iewed • Update JIS -� ]udge • View court schedule� � • t/iew open cases � • Dashbaard to view all the work in progress forms � • Abi{ity to view and edit case forms • After judge signs the form will be locked � • After form is locked�on�ly judge can sign the document • Ability�to Sign the forms Prosecutor � , . • View court schedute • View open cases . � • View/p)ck from forr�s library � • Add/s�bmit form(s) related to case 4/18/20f6 Statement of Work Page 5 • Statement of Work • Email the documEnt tfl their contact ID's . View/edit case forms • Sign forms � : Public defendant/Attorney . Vlew court schedule � . View open case/forms • Email the document to their contact ID's • Submit fo�-ms � . Ability to e-Sign forms Defendant -' . View forms made available by Clerk � � • Ability to e-Sign electronic forms t �nCuS-koctc� �e.�'enda.+-�-�- • View forms made availabie by Clerk • Ability to e-Sign electr.onic forms � ' 4/18/�016 � Statement�of uVorfc � Page 6 � • Statement of Work ASSUMPTIONS � CodeSmart assumes the following: 1. Municipal court of Bremerton wiil continue to work with CodeSmart to � resolve any road-b.{ocks associated with the product. � 2. Cod.eSmart will be providing.the document storage integra�ion per agreements with Municipal court of Bremerton. 3. CodeSmart wil! cantinue to develop as much of the solution as passible an its own servers so that�enhancements, feature upgrades, and bug fixes can be shared with all other customers of CodeSmart. 4. CodeSmart wifl provide�training(over phone and online � demos/conferences). to�the court sra.ff�of Bremerton Municipal Court after initiat setup tiil go-live of the product and provide support as�needed thereafter. � � 5. N�unicipal court of Br.emerton staff are comfortabie creating a Microsoft LIVE identity and a-ssociating it with their work email addresses per the instructio.ns provided separately by CodeSmart Inc. 6. The court agrees to,pay the annual maintenance fee as outlined in the SLA (Service Level �greement). The SlA outlines the costs and expectations assoc(ated with maintaining the software and data-integrity standards imposed on CodeSmart by the Adm�nistrative flfF'ice of the � Cour#s (AflC) and Municipal court of Bremerton's own�,standards. Sec�rity Agreement . �� � In the case af a data breach of persor�al customer information throug�i CodeSmart Inc.'s systeFns, CodeSmart Inc. would be responsible for notifying customers o�the data Ixeach. � � Costs and Payment Schedule ' • Municipal court of Bremerton agrees to fund $32,000 for the total effort, due within thirty days after �mplernentation of the senrices by Munlcipal court of Bremerton. � 4/18/Z015 ' Statement of Work �9�� • Statement of Work • Master Services Agreement This statement of work is subject to the terms stated in the Master Services Agreement effective . Any other terms and conditions to the contrary are null and void. , Acceptance and author�zati�on 3N WITNESS WHEREOF, the parties hereto each acting with proper authority have executed this Statement of Work, under seal. Bremerton Municipal Court ' CodeSmart Inc. � ���� Mark Meyer Full name - Full name � President Title Tltle � � � �� z� - Slgnature • tgnature ,Qg 2a 2O/ � � ` g ��� 6 Date Dat , . � 4/S8/2016 � Statement of Work • Page 8