HomeMy WebLinkAbout2000 S Sheriff - Contract Award Piggyback of an RFP for Sheriff's Records/Jail Management Software Contract and Agreement Between
' Orange County
and
' Open Software Solutions, Inc.
1
1
' CONTRACT AND AGREEMENT
' THIS CONTRACT and AGREEMENT is made and entered into this 13th day of
November, 2000,by and between ORANGE COUNTY, a political subdivision of the State of
North Carolina, whose address is 144 EAST MARGARET LANE, HILLSBOROUGH,N.C.
27278, (hereafter referred to as "Customer"), and OPEN SOFTWARE SOLUTIONS, INC.,
' having its principal place of business at 18 OAK BRANCH DRIVE, GREENSBORO,
NORTH CAROLINA 27407, (hereafter referred to as "OSSI").
' WITNESSETH:
WHEREAS, OSSI is engaged in the business of selling application software,
' installing the same, and providing training for the operation thereof; and
WHEREAS, Customer desires to purchase such application products and services;
' and
WHEREAS, OSSI has offered to sell and install the said application software systems
' at a place to be designated by Customer in accordance with the terms and conditions of this
Contract; and,
' WHEREAS, the application systems consist of three separate integral components of
(a) standard application software (Licensed Program), (b) enhancements to application
' software, and (c) services; and
WHEREAS, Customer and OSSI wish to document their agreement concerning the
' licensing fees of the said application systems and the respective obligations of the parties.
NOW, THEREFORE, in consideration of the Customer's progress payments and other
' valuable considerations, the covenants and agreements hereinafter contained and to be kept
and performed by the respective parties hereto, it is agreed as follows:
SECTION l: Subject of Contract
' A. HARDWARE AND OPERATING SYSTEM SOFTWARE
Upon the terms and conditions set forth herein, OSSI agrees to sell and Customer
' agrees to buy the computer hardware and sublicense the operating system software
described in Exhibit A, "HARDWARE AND OPERATING SYSTEM SOFTWARE", at
the price set forth therein, said Exhibit being incorporated herein by reference. Customer
' further agrees to execute any operating system software sublicense agreement(s)required
by the manufacturer(s). Customer may buy and OSSI may sell additional computer
hardware to be added to the computer hardware outlined above at the then current OSSI
' prices in effect at the time of purchase.
tComputer hardware maintenance and/or warranty will be provided by the hardware
manufacturer. Customer is responsible to coordinate any such services directly with the
' hardware manufacturer.
B. APPLICATION SOFTWARE
Upon the terms and conditions set forth herein, OSSI agrees to license to the
Customer the standard application software (Licensed Program) in machine-readable
form described in Exhibit B, "APPLICATION SOFTWARE", at the price set forth
therein, said Exhibit being incorporated herein by reference. Additional application
software may be added by OSSI to Exhibit B and installed by the Customer at an agreed
' upon price between the Customer and OSSI at such time as new application software is
developed and made available by OSSI.
' C. LICENSE
In consideration of payment of license fees, OSSI grants Customer a non-exclusive,
' non-transferable license to use the "Licensed Program", subject to the following terms
and conditions.
Customer is responsible for converting Customer's data for use with the Licensed
Program except as defined in Exhibit D. OSSI will provide conversion assistance on a
' time and materials basis plus related travel and living expenses.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, OSSI
DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND
WARRANTIES WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS
CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION,
' THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND ITS
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
The cumulative liability of OSSI to Customer for all claims related to the Licensed
Program and this Agreement, including any cause of action sounding in contract, tort, or
strict liability, shall not exceed the total amount of all application software license fees
paid to OSSI hereunder.
D. SCOPE OF RIGHTS
' Customer may:
' a. Install the Licensed Program in Customer's own facility.
b. Use the Licensed Program for purposes of serving the internal needs of
' Customer's business.
' CONTRACT AND AGREEMENT
Page 2
' c. Make one copy of the program in machine-readable form, for
nonproductive backup purposes only,provided that OSSI's proprietary
legend is included.
Customer may not use, copy, or modify the Licensed Program, or any copy,
' adaptation, transcription, or merged portion thereof, except as expressly authorized by
OSSI. Customer's rights may not be transferred. Customer may not install the Licensed
Program in any other computer system or use it at any other location without OSSI's
express authorization obtained in advance(which will not be unreasonably withheld.) If
Customer uses, copies, or modifies the Licensed Program or transfers possession of any
copy, adaptation,transcription, or merged portion of the Licensed Program to any other
' party in any way not expressly authorized by OSSI,the license is automatically
terminated.
' E. APPLICATION SOFTWARE SPECIFICATIONS
OSSI agrees to deliver the application software modules listed in Exhibit B,
' "APPLICATION SOFTWARE", that meet the detail specifications described in OSSI's
standard documentation.
' F. SOFTWARE SUPPORT AGREEMENT
Upon the terms and conditions set forth herein, OSSI agrees to provide the
implementation services described in Exhibit C, "SOFTWARE SUPPORT
AGREEMENT", at the price set forth therein, said Exhibit being incorporated herein by
reference.
G. ADDITIONAL SERVICES
' OSSI will make available and Customer may buy additional services in the form of
project management, training, educational classes, file and data conversions, custom
' software system development, and operations support based on the Customer's needs and
OSSI'personnel availability at OSSI's then current prices.
H. APPLICATION SOFTWARE SOURCE CODE
The source code will be placed in escrow at OSSI's bank's safety deposit box as part of
' the Customer's maintenance contract. When new standard releases are made available,
OSSI will maintain the source code in escrow for the most current and the previous
' release of PISTOL .
Should the Customer require the source code to be stored at a different mutually agreed
upon location,then OSSI will provide this service at the Customer's expense. Should
' Open Software Solutions, Inc. discontinue the marketing and discontinue supporting the
' CONTRACT AND AGREEMENT
Page 3
' software for any reason, the Customer will have the right to access the source code
exclusively for their internal use of the software only.
' SECTION 2. Term of Contract
This Contract and Agreement is effective upon the date executed by both parties and
shall remain in effect until the respective obligations described herein are met by both the
Customer and OSSI. Exhibit C, "SOFTWARE SUPPORT AGREEMENT" shall remain in
effect for as long as the Customer utilizes the licensed software.
' Customer's license of the Licensed Program shall become effective upon delivery of
the Licensed Program to them and shall continue unless terminated as provided herein.
' Customer or OSSI may terminate this agreement at any time provided that at least
thirty(30) days written notice is given to the other party.
'
Upon termination of this Agreement, all rights granted to Customer will terminate and
revert to OSSI. Promptly upon termination of this Agreement for any reason or upon
' discontinuance or abandonment of Customer's possession or use of the Licensed Program,
Customer must return, or certify the destruction of, all copies of the Licensed Program in
their possession(whether modified or unmodified) and all other materials pertaining to the
Licensed Program (including all copies thereof).
SECTION 3: SCOPE OF SERVICES
' The Customer retains OSSI to perform all work, furnish and coordinate professional
services and perform those tasks set forth in this Agreement and its Exhibits. This
Agreement and its Exhibits are to be considered as one, and whatever is called for by any one
of the documents shall be as binding as if called for by all.
SECTION 4: COMPENSATION
' Progress payments will be made by the Customer based upon work actually provided.
Costs items for progress payments are based upon the following schedule,mutually agreed
' upon between the Customer and OSSI.
1) Application Software: The Application Software shall be paid by the Customer to
OSSI as follows:
' CONTRACT AND AGREEMENT
Page 4
a) Thirty percent(30%)of the total application software initial license fees
are due and payable with contract execution.
b) Fifty percent (50%) of the total application software initial license fees are
due and payable when the application software is installed on Customer's
computer hardware.
c) The remaining twenty-percent(20%) of the total application software
initial license fees are due and payable when the application software is
certified and accepted by the Customer as defined in Section 5E,
APPLICATION SOFTWARE ACCEPTANCE.
Application software will be considered installed when OSSI demonstrates
that the application software module is operational on the computer
system.
2) Hardware Components: One hundred percent(100%) of the total hardware
components is due and payable when the hardware is delivered to the Customer.
3) Implementation Services: One hundred percent (100%) of the]Implementation
Services are due and payable when the services are provided.
4) Project Management Services: Fifty percent(50%)of the Project Management
Services are due and payable upon contract signing. The remaining fifty percent
(50%) is due and payable 90 days after the project planning session.
5) Software Maintenance: The initial payment of the total application software
maintenance fees are due and payable starting one year from the installation of the
first major application(RMS or JMS)on the Customer's server or eighteen
months from the contract date,whichever coves first. Subsequent total
application software maintenance fees are due and payable twelve months from
1 the anniversary date.
C. REIMBURSEMENT OF EXPENSES
Customer agrees to reimburse OSSI for all travel, living, any out of pocket
expenses, and per them expenses incurred by OSSI personnel in conjunction with the
training, installation, and support of application software. The Customer agrees to
pay all miscellaneous charges, incurred by OSSI on behalf of the Customer and billed
by OSSI to the Customer, no later than thirty(30 days) after OSSI's invoice date.
Travel expenses are defined as airfare and rental car or mileage at 35 cents per
mile, if personal vehicle is used. Per them expenses are defined as $150 per day per
person that include meals, hotel expenses, and related travel time when OSSI's
personnel spend the evening and$75 per day when overnight stay is not required.
CONTRACT AND AGREEMENT
Page 5
' SECTION 5: Delivery and Acceptance
' A. OPERATING ENVIRONMENT
The Customer hereby assumes the full responsibility for compliance with the
' installation guidelines and requirements provided by OSSI and as provided by the
manufacturer's installation manual, and for the overall effectiveness and efficiency of
the operating environment in which the equipment is to function, as well as the full
' responsibility for the cooperation of the Customer's personnel.
B. COMPUTER HARDWARE DELIVERY
' OSSI shall deliver the computer hardware as promptly as is reasonably
possible in conjunction with OSSI's manufacturer's current production schedule
' (normally 30-60 days),but OSSI shall not be held liable for delay in delivery,
installation, or service.
C. SHIPMENT
Computer hardware shipments to the Customer's installation site shall be
made by OSSI in an acceptable mode of transportation to provide utmost protection of
the equipment; OSSI shall prepay all charges therefore and will invoice same to
' Customer for reimbursement. Customer agrees to reimburse OSSI for all computer
hardware transportation, insurance and special handling charges.
' D. RISK OF LOSS
Risk of loss for computer hardware will pass to Customer when the computer
hardware is received at the Customer's designated location.
E. APPLICATION SOFTWARE ACCEPTANCE
' Application software modules as specified in Exhibit B will be installed on the
computer hardware within a reasonable period of time after the computer hardware
' has been certified operational. Those application software modules will be scheduled
for training on a timetable agreeable to both the Customer and OSSI and accepted by
the Customer when the Customer personnel are trained on that application and the
application performs in reasonable conformance to OSSI's specifications defined in
OSSI's standard documentation.
' The customer will notify OSSI in writing upon acceptance of each application.
If customer fails to give written notice of acceptance or non-acceptance to OSSI
' CONTRACT AND AGREEMENT
Page 6
' within ten(10)business days after application software training (certification date),
the application software module will be deemed accepted by the Customer.
' SECTION 6: Proprietary Software
OSSI shall have sole and exclusive ownership of all right, title and interest in and to
the Licensed Program and all modifications and enhancements thereof(including ownership
of all trade secrets and copyrights pertaining thereto) subject only to the rights and privileges
expressly granted by OSSI. This Agreement does not provide Customer with title or
' ownership of the Licensed Program,but only a right of limited use. Customer must keep the
Licensed Program free and clear of all claims, liens, and encumbrances.
' The Licensed Program is a commercially valuable,proprietary product of OSSI, the
design and development of which reflect the effort of skilled development experts and the
investment of considerable time and money. The Licensed Program is treated by OSSI as
' confidential and contains substantial trade secrets of OSSI,which OSSI has entrusted to
Customer in confidence to use only as expressly authorized. OSSI claims and reserves all
rights and benefits afforded under federal copyright law in all software programs and user
' materials that constitute the Licensed Program, and in all system documentation related
thereto as unpublished works.
' Customer may not, at any time, disclose or disseminate the Licensed Program to any
person who does not need to obtain access thereto consistent with Customer's rights under
this Agreement. Under no circumstances may Customer "unlock" the code of the Licensed
Program, as the term is generally used in the trade. Under no circumstances may Customer
disclose or disseminate the Licensed Program to any competitor of OSSI. Customer will
' devote their best efforts to ensure that all their personnel and all other persons afforded access
to the Licensed Program shall protect it against improper use, dissemination, or disclosure.
' OSSI acknowledges that Customer is a governmental entity and as such is subject to
regulations governing public information. Customer will notify OSSI in the event a request
for information may conflict with the terms cited herein. However, in accordance with G.S.
132-1.2, Customer will not release any OSSI information that meets the definition of"trade
secret" as defined in G.S. 66-152 (3). Examples of OSSI's proprietary information would
include OSSI's documentation, object code, and screen shots. Examples of non-proprietary
' information would include any report generated by the Licensed Programs requested by the
public.
' OSSI agrees to hold Customer harmless from the terms of this Agreement in such event with
Customer would have been in violation of public information laws had information been
' withheld.
' CONTRACT AND AGREEMENT
Page 7
Customer hereby authorizes OSSI to enter their premises in order to inspect the
Licensed Program in any reasonable manner during regular business hours.
Customer's obligations hereunder shall remain in effect for as long as Customer
continues to possess or use the Licensed Program or any trade secrets derived there from.
' SECTION 7: OSSI Warranties
A. APPLICATION SOFTWARE WARRANTY
' OSSI warrants, for Customer's benefit alone, that the Licensed Program conforms in
all material respects to the specifications for the current version of the Licensed Program
' as described in OSSI product specifications as of this date. This warranty is expressly
conditioned on your observance of proper operating, security, and data-control procedures
set forth in the User's Manual(s) included with the Licensed Program.
' OSSI is not responsible for obsolescence of the Licensed Program that may result
from changes in Customer's requirements. The foregoing warranty shall apply only to the
' most current version of the Licensed Program issued by OSSI from time to time. OSSI
assumes no responsibility for the use of superseded, outdated, or uncorrected versions of
the Licensed Program.
' As your exclusive remedy for any material nonconformity or defect in the Licensed
Program for which OSSI is responsible, OSSI shall attempt through reasonable effort to
' correct or cure such nonconformity or defect. However, OSSI shall not be obligated to
correct, cure, or otherwise remedy any nonconformity or defect in the Licensed Program
if Customer has made any changes whatsoever to the Licensed Program, if the Licensed
Program has been misused or damaged in any respect, or if Customer has not reported to
OSSI the existence and nature of such nonconformity or defect promptly upon discovery
' thereof.
If only OSSI has made changes to the Licensed Programs and OSSI cannot make
' Licensed Programs conform to specifications, then OSSI will refund the amounts
specifically related to the Licensed Program(individual application module).
B. PATENT INDEMNITY
OSSI will defend at its own expense any action brought against the Customer to the
extent that it is based on a claim that the software supplied by OSSI infringes a United
States patent, and OSSI will pay any costs that are attributable to any such claim,with
such defense and payment being conditioned upon the following:
CONTRACT AND AGREEMENT
Page 8
1) OSSI shall be notified promptly in writing by the Customer of any notice of such
claim; and
2) OSSI shall have sole control of the defense of any action on such claim and in all
negotiation for its settlement or compromise.
C. DAMAGES
OSSI believes that the application software furnished hereunder is accurate and
reliable and reasonably meets the specification of its system documentation. However,
the amounts to be paid to OSSI under this Contract and Agreement do not include any
' assumption of risk, and OSSI DISCLAIMS ANY AND ALL LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OPERATION OF THE SOFTWARE PROVIDED HEREIN. Notwithstanding the
' foregoing, OSSI shall not be liable to Customer for consequential damages that may arise
or be asserted by a reason of the failure of the application software to perform in
conformance with the specifications. OSSI's sole responsibility shall be to modify or
treplace the application software as delivered to Customer so that the modified or replaced
system reasonably conforms to said specifications.
' SECTION 8: Customer Responsibilities
A. CUSTOMER REPRESENTATIVE
Customer will fully cooperate with and assist OSSI in the performance of its
responsibilities under this Agreement. As part of Customer's responsibilities, it will make
available to OSSI a qualified staff member, Customer's representative,who will have
authority to act for Customer and to make binding decisions with respect to this
Agreement, including any modifications hereto, and provide OSSI with necessary
information and data concerning Customer's operations and activities, and assume
responsibility for the accuracy of such information and data supplied, and provide access
to Customer's computer facility at all reasonable times, and have the authority to enforce
implementation decisions which are mutually agreed to by Customer and OSSI.
Customer is responsible for selecting a system administrator who is qualified to
operate the Licensed Program on their own equipment and is familiar with the
information, calculations, and reports that serve as input and output of the Licensed
' Program.
B. HARDWARE CAPACITY
CONTRACT AND AGREEMENT
Page 9
It is expressly understood and agreed between OSSI and Customer that Customer has
elected to purchase hardware from other sources that is sufficient to meet Customer's
needs and is compatible with OSSI's software.
Other accessories (hardware or software)may be required for the use of the Licensed
Program. Except as agreed otherwise in writing, OSSI assumes no responsibility under
this Agreement for obtaining or supporting such accessories. Customer is also
responsible for ensuring a proper environment and proper utilities for the computer
system on which the Licensed Program operates, including an uninterrupted power
supply.
SECTION 9: Subcontractors
OSSI will not be permitted to assign its contract with Customer, or to subcontract any
of the work requirements to be performed,without obtaining prior written approval.
SECTION 10: Assignments
This Agreement shall be binding upon and inure to the benefit of the parties hereto,
their successors and authorized assigns. Neither party may assign this Agreement, in whole
or in part, or by operation of law or otherwise,without the prior written consent of the other
party.
SECTION 11: Force Majeure
OSSI will not be liable or be deemed to be in breach of this Agreement for any failure
or any delay in rendering performance arising out of causes beyond its reasonable control and
without its fault or negligence. Such causes may include,but are not limited to, acts of God
or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather. Dates or times of performance will be extended to
the extent of delays excused by this section provided that the party whose performance is
affected notifies the other promptly of the existence and nature of such delay.
SECTION 12: Headings
Headings used in this Contract and Agreement are for reference purposes only and
shall not be deemed to be a part of the Contract.
CONTRACT AND AGREEMENT
Page 10
SECTION 13: Choice of Law
This Agreement shall be interpreted in accordance with the laws of the State of North
Carolina.
SECTION 14: Taxes
Customer agrees to pay for, upon demand, any sales,use or excise taxes that shall
arise in connection with, or as a result of,this Agreement. However, OSSI agrees to invoice
any such taxes separately and by specific classification in order for Customer to receive any
reimbursement from the State of North Carolina as may be allowable.
SECTION 15: Invalidity
If any provision of this Agreement or the obligation thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable,the remainder of this
Agreement shall not be affected thereby.
SECTION 16: Integration
This Agreement constitutes the entire understanding between the Customer and OSSI
and the same shall not be modified, amended, or terminated except by the written consent of
OSSI and Customer, made and given in the same manner and form as their original execution
of this agreement.
SECTION 17: Dispute Resolution Procedure
Except for matters which relate to prompt payment, or protection of OSSI's intellectual
property and/or breach of confidentiality under this Agreement, or which are enforceable by
injunction or other equitable remedies, or which exceed the value to $100,000.00 for the
matter in controversy, any dispute or controversy arising out of or relating to this Agreement,
or breach thereof, shall be settled by the following procedure. The parties may agree, in
CONTRACT AND AGREEMENT
Page 11
writing, to submit any controversy between them to non-binding mediation despite the
limitations stated above.
Level 1: Before entering into Level 2 or Level 3 of this Dispute Resolution Procedure
(DRP), the Customer and OSSI shall enter into a series of management meetings for
the purpose of resolving the dispute or controversy through normal business
management practices. The series of meetings, consisting of not less than three
face-to-face meetings, must be held between upper-level managers of both
Customer and OSSI. Both parties agree to put forth their best efforts to resolve
such dispute or controversy in these meetings. The first meeting shall be held at the
Customer offices, and subsequent meetings will alternate between OSSI and
Customer offices. The Level 1 period shall begin when one party gives written
notice to the other that it is entering into this Level 1 procedure to resolve the
dispute. The Level 1 period shall not exceed forty-five (45) days from the date
notice is given by one party that the procedure is to be entered into, unless the
period is extended by an agreement thereto signed by both parties.
Level 2: Only after the parties have completed Level 1 of the DRP without resolving the
dispute or controversy, or at the end of the forty-five (45) day period(or extension)
specified above, and before entering into Level 3 of the DRP, the Customer and
OSSI may,but are not required to, enter into a mediation process. The mediation
process is defined as follows: The parties shall select a mediator with substantial
experience in the computer software industry from the American Mediation
Association list to aid the parties in resolving the dispute or controversy. The
mediator shall not be an employee or former employee, or independent contractor or
former independent contractor, of either party. The meetings shall be held at a
neutral location as agreed upon by both parties. At the mediation meetings(s), each
party may present materials and arguments to the mediator. Both parties agree to
put forth their best efforts to resolve such dispute or controversy in any such
mediation. Level 2 shall not exceed sixty(60) days unless the period is extended by
an agreement thereto signed by both parties. The decision of the mediator is
advisory only, and shall not work in any manner to bar access to court review.
Level 3: After the completion of Levels 1 or 2 above without the parties reaching a
resolution of the dispute or controversy, either party may bring suit. Venue for any
such suit shall be in the State of North Carolina. Each party shall bear its own
attorneys' fees and costs unless a party shall be found to have acted in bad faith, in
which event the party acting in bad faith shall be responsible for the reasonable
attorneys' fees and costs incurred by the other party in connection with the
prosecution or defense of the Level 3 action.
CONTRACT AND AGREEMENT
Page 12
SECTION 18: Unavailability of Funds
If the Customer shall learn that funding cannot be obtained or cannot be continued at
a level sufficient to allow for the purchasing of the services specified herein, this Agreement
may then be terminated immediately, at the option of the Customer,by written notice of
termination delivered in person or by mail to OSSI at its address specified hereinafter. The
Customer shall not be obligated to pay for any services provided by OSSI after OSSI has
received notice of termination.
SECTION 19: Notices
Any notices required or permitted under this Agreement shall be in writing and
delivered in person or sent by registered or certified mail, return receipt requested,with
proper postage affixed to:
FOR ORANGE COUNTY
Ms. Theresa Pope
Orange County Sheriff s Office
144 East Margaret Lane
Hillsborough,N.C. 27278
FOR OPEN SOFTWARE SOLUTIONS, INC.
J. A. Savage, Jr.,President
Open Software Solutions, Inc.
18 Oak Branch Drive
Greensboro,North Carolina 27407
CONTRACT AND AGREEMENT
Page 13
SECTION 20: Acknowledgment
The Customer acknowledges that it has read this Agreement, understands it and
agrees to be bound by its terms and further agrees that it is the complete and exclusive
statement of the agreement between the parties,which supersedes all proposals oral or
written and all other communications between OSSI and Customer relating to the subject
matter of this Agreement.
In WITNESS WHEREOF,the parties hereto have caused this Agreement to be
executed in duplicate original, one of which is retained by each of the parties, the day and
year first above set forth.
Accepted and Approved by Accepted and Approved by
Orange County: Open Software Solutions, Inc.:
Signed-c- Signed:
Printed: Moses Carey Printed: Joseph A. Savage, Jr.
Title: ChairmarL Board of Commissioners Title: President
Date: 4::2 Date: November 13, 2000
7
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CONTRACT AND AGREEMENT
Page 14
ORANGE COUNTY
EXHIBIT A
"HARDWARE AND SYSTEM SOFTWARE"
HARDWARE
Description
_ Integrated Mugshot Hardware unit Extended
Quantity Description Price Price
2 Capture Workstation Stations includes: $7,500 $15,000
-Mugshot Capture Board
-Installation and Setup of Image Capture Board
-Canon Video Camera
-2-Point Lighting Component(Note: 3-Point Lighting is required)
-Misc. Cables and Connector
-8 112 X 11 inch Epson Photo Color Ink Jet Printer
Customer Provides New Capture Station
2 Assumes the Customer acquires anew PCs Capture Stations and 1,500 3,000
ships it to OSSI's offices that includes:
i
Example:
-Dell Pentium 111667 Mhz PC with 128 MB memory, 10 GB
memory, video card with 4 MB memory to support 16.7 million colors
in SVGA mode(800 X 600 resolution), 17"color monitor,Windows
98, 3-year on-site warranty, 100 MB Intel LAN Card
* Mounting of Camera, electrical wiring, cabinet to house the capture
station,as well as the acquisition and installation of required 3-point
lighting for mugshots is the responsibility of the County)
Subtotal -Mugshot Hardware, Plus Sales Tax $18,000
SYSTEM SOFTWARE
No System Software Is Being Provided N/A
-
�TOTAL - HARDWARE & SYSTEM SOFTWARE $18,000
Prepared by Open Software Solutions, Inc Page 1
1 ORANGE COUNTY
"EXHIBIT B"
APPLICATION SOFTWARE"
Initial 5 X 8
Application Software — Note 1,2,3,4 License Annual
# Description Fee Maintenance
Records Management Base System_ ---
1 PISTOL Records Management System(Client Server Version, $32,500 $5,850
Microsoft SQL 7.0 Server) 15-Workstation License includes: --
IncidentlCiffense —
Arrest
North Carolina Incident Based Reporting
Warrants
IBR Property Master Name Module
—M -
aster Vehicle Module
Case Management
Daily Bulletin
—Officer Demographics
NC Incident and Arrest Forms Generation
(Unit Price is$2,167 per PC that has the application loaded on their
workstation and all Applications require Base PISTOLRMS )
PISTOL RMS Add-on Modules
5500
1 Calls for Service Module 5,500 990
1 Civil Processing Module 8,500 1,530
Concealed Carry Weapon Module 3,500 630
I Gun Permits Module 3,500 630
I Vacation House Watch Module 5,500
1 Property and Evidence Module (without Barcode Interface) 6,500 1,170--
1 Training Module 5,50 0--,- 990
custom Product Development Services
1 Estimated Cost to Develop a one-way Calls for Service Interface 2,500 875
between Logistics CAD to OSSI Calls for Service. This price is
contingent on an approved Statement of Work by OSSI and Customer.
' _ after receipt of the--detail file layout and contigent on Chapel Hill
acquiring the same interface.
--�Subtotal-RMS/Sheriffs Application Software $73,500 $13,655
Prepared by Open Software Solutions, Inc Page I
' ORANGE COUNTY
' "EXHIBIT B"
APPLICATION SOFTWARE"
Initial 7 X 24
Application Software -- Note 1,2,3,4 License Annual
# Description Fee Maintenance
' Base Jail Management System
1 PISTOL Jail Management System 5-Workstation License Includes: $15,000 $3,450
On-line Booking (intake)
' Central Names Interface
Automated Wants Checks
Initial Inmate Screening - Medical and Suicide
' Tree-based Risk Assessment
Arrest Information
Bond Information
' Property Management
Integration with Mugshot System
Inmate Tracking
' Court List Generation
Scheduled Events Management(Medical Appointment, etc.)
Holds
Facility Capacity and Occupancy
Inmate Cash Accounts
Medical Cost Tracking
t Criminal History
Management Reporting
5-day per week, 8-hours per day unlimited support coverage
' 7-day per week, 24-hours per day emergency coverage
1 NC Specific Reporting Includes: 2,500 575
' -PC 107 Notice of Confinement in Local Facility Report
-Reimbursement Request For Inmates Confined Locally
-Monthly Confinement Report
1 �
Subtotal -Jail Management System Application Software $17,500 $4,025
Prepared by Open Software Solutions, Inc Page 2
t
' ORANGE COUNTY
"EXHIBIT B"
APPLICATION SOFTWARE"
1
Initial 7 X 24
' Application Software -- Note 1,2, 3,4 License Annual
# Description Fee Maintenance
' Mugshot Software
1 PISTOL Mugshot Software Includes: $13,000 $2,990
2 Capture Station Software
15 View and Print Workstation Licenses
15 Mugshot Book Review Workstation Licenses
15 Lineup Workstation Licenses
' (Unit cost of additional View and Print License is$400)
Subtotal-Mugshot Application Software $13,000 $2,990
' EXHIBIT B TOTAL APPLICATION SOFTWARE $104,000 $20,670
t NOTES:
I
' Note 1: All application software from OSSI is licensed to the individual
workstation, not concurrent users. Therefore, each PC whether
it is a console or a laptop where the software is loaded counts
as an application software workstation license.
Note 2: All application software modules are for use by the Orange
_ County Sheriffs Department only. Additional workstations
' and/or additional jurisdictions who use the software will result
in additional application software license fees.
' Note 3: All application software is OSSI's standard product without
modifications.
Note 4: All PCs on the network are required to be minimally on a 10MB
LAN speeds.
Prepared by Open Software Solutions, Inc Page 3
EXHIBIT C
APPLICATION SOFTWARE SUPPORT AGREEMENT
THIS SUPPORT AGREEMENT ("this Agreement")is entered into this 13'h day of
November, 2000,by and between ORANGE COUNTY, a political subdivision of the State of
North Carolina,whose address is 144 EAST MARGARET LANE,HILLSBOROUGH,N.C.
27278, (hereafter referred to as "Customer"), and OPEN SOFTWARE SOLUTIONS, INC.,
having its principal place of business-at 18 OAK BRANCH DRIVE, GREENSBORO,NORTH
CAROLINA 27407, (hereafter referred to as "OSSI").
WITNESSETH:
WHEREAS, OSSI and Customer entered into that certain Computer Software License
Agreement dated November 13, 2000 (the "License Agreement") under which Customer
obtained a non-exclusive,nontransferable license to use certain computer software in object code
form and related user documentation (the "Licensed Program")on certain terms and conditions;
WHEREAS, Customer desires to receive the Support, as defined herein, from OSSI and
OSSI desires to render the Support to Customer with respect to the Software Program on the
terms and conditions set forth herein;
NOW THEREFORE, in consideration of the premises hereof, and the mutual obligations
herein', the parties hereto, intending to be legally bound, hereby agree as follows:
Section I
DEFINITIONS
For the purposes of this Agreement, the following definitions shall apply to the respective
capitalized terms:
1.1 "Software." "Software" means the Software identified in Attachment 2 to this
Agreement, attached hereto, including any extracts from such software, derivative works
of such software, or collective works constituting such software (such as subsequent
Releases) to the extent offered to Customer under this Agreement or License Agreement.
This excludes computer software not developed by OSSI that might be used in
conjunction with the OSSI Public Safety Software, such as word processors,
spreadsheets,terminal emulators, etc.
1.2 "Modification." "Modification" means a change to the Software requested by Customer
to meet its specific needs and use, adding value, functionality and/or desirability for
Customer.
Application Software Support Agreement C_ 1
1.3 "Agreement Term." An initial period shall run from the execution of this Agreement
and for a period of one year from the delivery of the first major application module such
as CAD or RMS or eighteen months from the contract date, whichever comes first.
Thereafter, the Agreement Term shall automatically renew for successive periods of one
year each unless and until terminated pursuant to Section 9 hereof. In no event, however,
shall the Agreement Term extend beyond the prescribed term of the License Agreement.
1.4 "Error." Any failure of the Licensed Software to conform in all material respects to the
' functional specifications for the Licensed Program published from time to time by OSSI.
However, any nonconformity resulting from Customer's misuse or improper use of the
Licensed Program or combining or merging the Licensed Program with any hardware or
software not supplied by OSSI, or not authorized to be so combined or merged by OSSI,
shall not be considered an Error. Nor shall Licensed Program or data file damage
resulting from unauthorized software alterations (including problems, errors, or
malfunctions caused or created by the operator), customizing of programs, accident,
neglect, power surge or failure, lightning, operating environment not in conformance with
1 the manufacturer's specifications (for electric power, air quality, humidity or
temperature), operating system errors, or hardware malfunction be considered an Error.
1 1.5 "Error Correction." Either a software modification or addition that, when made or
added to the Licensed Program, establishes material conformity of the Licensed Program
to the functional specifications, or a procedure or routine that, when observed in the
regular operation of the Licensed Program, eliminates the practical adverse effect on
Customer of such nonconformity. Not covered under Error Correction is the
responsibility for data file damage due to software or hardware malfunction.
"Enhancement." An modification or addition that when made or added to the
1.6 y ,
Licensed Program, materially changes its utility, efficiency, functional capability, or
application, but that does not constitute solely an Error Correction. Enhancements may
be designated by OSSI as minor or major, depending on OSSI's assessment of their value
and of the function added to the preexisting Licensed Program.
1.7 "Coverage Hours." Monday through Friday 8:30 A.M. to 5:00 P.M. Eastern Standard
Time excluding holidays for any questions regarding application software included in this
Agreement. For a Major Application Problem on OSSI's Base Jail Management System
(Base JMS) only, OSSI coverage hours will be 24-hours per day, 7-days per week
Iexcluding OSSI's holidays.
1.8 "Response Time." Within Eight (8) hours of the Coverage Hours from the time that
' OSSI verifies that an Error is present, OSSI will initiate work toward development of an
Error Correction for a Major Application Problem. Minor Application Problems will
normally be fixed with the next scheduled Software Release.
' 1.9 "Releases." New versions of the Licensed Program, which new versions may include
' both Error Corrections and Enhancements.
Application Software Support Agreement C- 2
1.10 "System Administrator." An agent of Customer with sufficient training and/or
experience with a Software Product to communicate effectively with the OSSI Support
personnel.
1.11 "Major Application Problem." The Licensed Software is not functioning to the point
that the Licensed Software is the cause of the Customer not being able to book or release
inmates in the Base JMS system. Therefore, the Base JMS system is down or non-
operational because of the Licensed Software as determined by OSSI.
1.12 "Minor Application Problem." The Licensed Software functions with inconveniences
or programmatic error; however, Licensed Software has not stopped Customer's daily
operations.
1.13 "Non Application Problem." is a problem, which is determined by OSSI to have been
caused by a source other than the Licensed Software, such as hardware failure, network
malfunction, etc.
Section 2
ELIGIBILITY FOR SUPPORT
To be eligible for support for a Software Product, Customer must meet the following
requirements. Acceptance of this Agreement by OSSI is conditioned upon confirmation by OSSI
that a.Software Product is eligible for support. Customer agrees that the obligation of OSSI to
continue to provide Services with respect to a Software Product shall terminate if, at any time
during the term of this Agreement, these requirements are not met. Nothing in this Agreement
shall be construed to obligate OSSI to make available to Customer support for a Software
Product for so long as Customer shall not have a valid Software Agreement for such Software
Product.
To be eligible for Software Support for a Software Product, Customer must meet all of the
following requirements:
A. Customer has a valid Computer Software License Agreement for the Software
Product.
B. Customer has a System,Administrator.
C. The hardware configuration on which the Software Product is to be used is supported
by OSSI,
D. Customer must be in compliance with the schedule of payments.
Application Software Support Agreement C- 3
OSSI may require Customer to appoint a new System Administrator if OSSI determines that the
System Administrator does not have the training or experience necessary to communicate
effectively with the OSSI support personnel.
Section 3
SCOPE OF SERVICES
3.1 -During the Agreement Tenn, OSSI shall render the following services in support of the
Licensed Program, during Co-verage Hours, subject to the compensation fixed for each
type of service in OSSI's current rate schedule:
a. OSSI shall maintain a program control center capable of receiving by telephone any
operator reports of system irregularities.
b. OSSI shall maintain a telephone hot line that allows Customer to report system
problems and seek assistance in use of the Licensed Program.
c. OSSI shall maintain a trained staff capable of rendering the services set forth in this
Agreement.
d, OSSI shall be responsible for using all reasonable diligence in correcting verifiable
and reproducible Errors when reported to OSSI in accordance with OSSI's standard
reporting procedures. OSSI shall, after verifying that such an Error is present, initiate
work, within Response Time, in a diligent manner toward development of an Error
Correction. Following completion of the Error Correction, OSSI shall provide the
Error Correction through a "temporary fix" consisting of sufficient programming and
operating instructions to implement the Error Correction, and OSSI shall include the
Error Correction in all subsequent Releases of the Licensed Program. OSSI shall not
be responsible for correcting Errors in any version of the Licensed Program other than
the most recent Release of the Licensed Program, provided that OSSI shall continue
to support prior Releases superseded by recent Releases for a reasonable period
sufficient to allow Customer to implement the newest Release, not to exceed 180
days.
e. OSSI may, from time to time, issue new Releases of the Licensed Program to its
customers generally, containing Error Corrections, minor Enhancements, and, in
certain instances if OSSI so elects, major Enhancements. OSSI shall provide
Customer with one copy of each new Release, without additional charge. OSSI shall
provide reasonable assistance to help Customer install and operate each new Release,
provided that such assistance, if required to be provided at Customer's facility, shall
1 be subject to the supplemental charges set forth in OSSI's current rate schedule.
f. Subject to space availability and training fees, Customer may enroll its employees in
OSSI's training classes.
Application Software Support Agreement C- 4
' g. OSSI shall consider and evaluate the development of Enhancements for the specific
use of Customer and shall respond to Customer's requests for additional services
pertaining to the Licensed Program (including, without limitation, data conversion
and report-formatting assistance), provided that such assistance, if agreed to be
provided, shall be subject to supplemental charges mutually agreed to by OSSI and
Customer.
' h. OSSI software support, although primarily intended for OSSI application software,
also extends to all operating systems where OSSI has an agreement with the supplier.
OSSI will make a good faith effort to find solutions to all operating system problems.
However, Customer must-be aware of the following facts:
' 1. In some cases, Customer is in a much better position to deal with operating system
issues because they are on-site and because of technical expertise they may have.
In these cases, OSSI recommends that they work directly with the hardware
vendor on these matters. OSSI will still be available to provide assistance
whenever needed.
2. OSSI is forced to work with the company that supplied the operating system. If
that company fails to provide quality support, OSSI will not be able to provide
Iquality support to our customers.
3. Some operating system problems can only be solved on-site. If and when this
situation occurs, OSSI personnel will travel to Customer's site with Customer's
approval. Customer will be billed according to the OSSI fee schedule for travel
expenses and comprehensive per diem.
4. In the event that a bug is identified in the operating system, OSSI will
immediately report the problem directly to the provider. However, we will be
' required to accept their schedule for fixing the problem.
5. If enhancement requests are made to OSSI for changes to the operating system,
OSSI will pass them along to the provider. OSSI can make no commitments as to
when or if, the enhancements will be included in future releases.
' 6. OSSI will provide assistance with operating system upgrades but Customer is
responsible for obtaining the upgrade from the vendor and paying any required
I fee.
7. Most operating system upgrades require on-site assistance. The fee for on-site
' assistance is not included with OSSI software support.
8. OSSI must approve all operating system upgrades in advance to verify that the
1 upgrade is necessary and compatible with the OSSI software.
3.2 The following items are specifically not covered by this agreement:
Application Software Support Agreement C- 5
a. Any hardware failure including, but not limited to, failure caused by wiring,
multiplexers, modems, phone lines, power, or connectors. Also, any hardware
limitations due to insufficient memory disk storage or processing power.
b. Any problems caused by hardware failure.
c. Any work required restoring or recovering the operating system and/or data files.
d. Any problem caused by an operator.
e. Configuring, maintaining, and upgrading the operating system including, but not
limited to,backups and restores, fixes, and patches.
f Any problems caused by incorrectly installed, configured, or maintained operating
system,or versions of the operating system not supported by OSSI.
g. Problems with, or caused by any software not supported by OSSI, including, but not
limited to, SNA,word processors, terminal emulators, etc.
Section 4
OBLIGATION OF CUSTOMER
4.1 Customer shall provide access to its facilities in connection with the performance of OSSI of
its obligations hereunder. No charge shall be made for such access. It is agreed that prior
notification will be given when access is required.
4.2 Customer must provide OSSI with information sufficient for OSSI to duplicate the
circumstances under which a Problem in a Software Product became apparent.
4.3 Customer must maintain a current license of PC AnyWhere, a dedicated 56 KB modem and
data set connected to the direct dial network near each Application Server used with a
Software Product being maintained by OSSI hereunder and provide access to a voice grade
local telephone. The Customer is responsible to reimburse OSSI for all long-distance toll
charges when connected to their network via modem or provide the resources necessary for
OSSI to access the Customer's system via the Internet at no cost to OSSI.
4.4 A representative of Customer must be present when any on-site support is provided.
Customer agrees that if such representative is not present when the OSSI representative
arrives on site, no work will be performed and Customer will be charged for such OSSI
representative.
4.5 All communications by Customer to OSSI must be in the English language.
Application Software Support Agreement C- 6
1 4.6 Customer is responsible for providing one or more qualified System Administrators as
described in Section 5. At least one of these System Administrators must be available at all
times.
' Section 5
SYSTEM ADMINISTRATOR REQUIREMENTS
' 5.1 Each System Administrator must be certified by OSSI or Microsoft by completing the
following:
a. Operating System training by either OSSI or by a certified Microsoft training
organization. This course work must include Administrating NT 4.0 Workstation,
' Administrating NT 4.0 Server, SQL 7.0 Administration and other courses determined at
the installation planning session based on the experience of the individuals.
' b. Basic system administration training. OSSI course.
c. System inquiry training. OSSI course.
d. System data entry&modification training. OSSI course.
5.2 Each System Administrator must meet with an OSSI Project Management to review and
sign OSSI's "System Administrator's Responsibilities Checklist".
' 5.3 Each System Administrator must be identified in an Attachment 1 properly signed by both
Customer and OSSI.
5.4 Each System Administrator must be qualified to address, without the aid of OSSI; all
problems relating to any hardware, software or operating system not directly associated
with OSSI's software.
5.5 Calls received by anyone not identified in Attachment 1 are not covered by this agreement
and are therefore subject to hourly fees, and are not subject to minimum Response Time.
' Section 6
FEES AND CHARGES
' 6.1 Customer shall pay OSSI its fees and charges based on the Attachment 2. Attachment 2 is
attached to and is a part of this Agreement. Additional Software Orders may be signed with
' OSSI from time to time and will become a part of this agreement. OSSI reserves the right
to change its Maintenance Fees from time to time, provided that no such change will be
effective until at least 90 days after OSSI has given Customer written notice of such
change. Fee changes will result from changes in (1) Software Prices, (2) Increases in the
Application Software Support Agreement C- 7
number of modules, (3) Increases in the number of users on the system, (4) Changes in the
computer hardware or(5) Selection by Customer of different Coverage Hours.
6.2 OSSI shall invoice Customer at the beginning of each contract year for all fees. Charges
accrued and all reimbursable expenses incurred shall be invoiced at the beginning of the
next calendar month. Customer shall pay the invoiced amounts immediately upon receipt
' of such invoices. Any amount not paid within thirty (30) days after the invoice date shall
bear interest at the rate allowed by applicable law.
' 6.3 Customer shall be responsible for procuring, installing, and maintaining all equipment,
telephone lines, modems, communications interfaces, and other hardware necessary to
' operate the Licensed Software and to obtain from OSSI the services called for by this
Agreement.
' 6.4 Customer agrees to pay additional charges according to the OSSI Fee Schedule for all work
performed outside of Coverage Hours. These charges are applicable for any work
performed after hours regardless of cause even if it was reported and/or initiated during
Coverage Hours. Customer will be required to authorize any work outside of coverage
hours that result in additional charges.
' 6.5 On-site assistance will be performed as requested by Customer. However, Customer will
be billed according to the OSSI Fee Schedule for travel expenses and comprehensive per
diem.
Section 7
PROPRIETARY RIGHTS
7.1 To the extent that OSSI may provide Customer with any Error Corrections or
Enhancements or any other software, including any new software programs or components,
or any compilations or derivative works prepared by OSSI (collectively, "Vendor
Programs"), Customer may (1) install one set of the Vendor Programs in the most current
form provided by OSSI, in Customer's own facility; (2) use such Vendor Programs in
' connection with the Licensed Programs, and in a manner consistent with the requirements
of the License Agreement, for purposes of serving Customer's internal business needs; and
(3) make one copy of the Vendor Programs in machine-readable form for nonproductive
backup purposes only. Customer may not use, copy, or modify the Vendor Programs, or
any copy, adaptation, transcription, or merged portion thereof, except as expressly
authorized by OSSI. Upon termination of such License Agreement, Customer shall return
or destroy the Vendor Programs, and returning the Vendor Programs in the manner required
by the License Agreement shall be sufficient for such purposes.
' 7.2 The Vendor Programs are and shall remain the sole property of OSSI,regardless of whether
Customer, its employees, or contractors may have contributed to the conception of such
work,joined in the effort of its development, or paid OSSI for the use of the work product.
Customer shall from time to time take any further action and execute any further
Application Software Support Agreement C- 8
' instrument, including documents of assignment or acknowledgment that OSSI may
reasonably request in order to establish and perfect its exclusive ownership rights in such
works. Customer shall not assert any right, title, or interest in such works, except for the
' non-exclusive right of use granted to Customer at the time of its delivery or on-site
development.
Section 8
tDISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
' 8.1 OSSI disclaims all other warranties either expressed or implied and representations with
respect to the licensed program, including its condition, its conformity to any representation
or description, the existence of any latent or patent defects, and its merchantability or
' fitness for a particular use.
8.2 In no event shall OSSI's cumulative liability for any claim arising in connection with this
Agreement exceed the total fees and charges paid to OSSI by Customer within the last
twelve(12)months.
8.3 No action, whether based on contract, strict liability, or tort, including any action based on
negligence, arising out of the performance of services under this Agreement, may be
brought by either party more than one (1)year after such cause of action accrued.
Section 9
' TERMINATION
' 9.1 This Agreement may be terminated as follows:
a. This Agreement shall immediately terminate upon the termination of the License '
' Agreement;
b. This Agreement may be terminated by either party upon the expiration of the then-
current term of this Agreement,provided that at least 90 days prior written notice is
given to the other party; or
c. This Agreement may be terminated by either party upon 30 days prior written notice if
the other party has materially breached the provisions of this Agreement and has not
' cured such breach within such notice period.
9.2 Following termination of this Agreement, OSSI shall immediately invoice Customer for all
' accrued fees and charges and all reimbursable expenses, and Customer shall pay the
invoiced amount immediately upon receipt of such invoice. Customer may continue to use
any work supplied to Customer by OSSI for the remaining term of the License Agreement.
Application Software Support Agreement C- 9
' Any amount not paid within thirty(30) days after the invoice date shall bear interest at the
rate allowed by applicable law.
' Section 10
' MISCELLANEOUS
10.1 Each party acknowledges that it has read this Agreement, understands it, and agrees to be
bound by its terms. The parties further agree that this is the complete and exclusive
statement of the agreement of the parties with respect to the subject matter hereof and that it
' supersedes and merges all prior proposals, understandings, and agreements, whether oral or
written,between the parties with respect to the subject matter hereof. This Agreement may
not be modified except by a written instrument duly executed by the parties hereto.
' 10.2 In the event that any provision of this Agreement is held invalid, illegal, or unenforceable,
the remaining provisions shall be enforced to the maximum extent permitted by applicable
' law.
10.3 Neither party may assign its rights or duties under this Agreement without the prior written
' consent of the other party, except to a successor of all or substantially all of its business and
properties.
' 10.4 The waiver by either party of any term or condition of this Agreement shall not be deemed
to constitute a continuing waiver thereof nor of any further or additional right that such
party may hold under this Agreement.
' IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives as set forth below.
Accepted and Approved by Accepted and Approved by
Orange County: Open Software Solutions, Inc.:
Signed: Signed: Q If OF
Printed: Moses Carey Printed: Joseph A. Savage, Jr.
1 Title: Chairman, Board of Commissioners Title: President
Date: ZZ Date: November 13, 2000
Application Software Support Agreement C- 10
ORANGE COUNTY
"EXHIBIT C"
"ATTACHMENT V
"SYSTEM ADMINISTRATORS"
1 Name: Ms. Theresa Pope
Title: Administrative Assistant
Office Phone Number: (919) 942-6300
Fax Number (919)732-6403
Email Address
Beeper/Pager Number: (919)
Home Phone Number: (919)
Mailing Address: Orange County Sheriffs Office
144 East Margaret Lane
Hillsborough,N.C. 27278
2. Name: Mr. Jack Eason
Title: IS Analyst
Office Phone Number: (919)245-2281
Fax Number (919)
Email Address
Beeper/Pager Number: (919)
Home Phone Number: (919)
Mailing Address: P.O.Box 8181
208 South Cameron Street
Hillsborough,N.C. 27278
Application Software Support Agreement C- 11
ORANGE COUNTY
EXHIBIT C
' "Attachment 2"
' "APPLICATION SOFTWARE MAINTENANCE FEES"
5X8
Application Software Annual
# Description I Maintenance
Records Management Base System
1 PISTOL Records Management System (Client Server Version, $5,850
' Microsoft SQL 7.0 Server) 15-Workstation License includes:
Incident/Offense
Arrest_ - - ---- - - -- .---
- - - ---
North Carolina Incident Based Reporting
Warrants
IBR Property
Master Name Module -
j Master Vehicle Module
Case Management
Daily Bulletin -
- - - - -
Officer Demographics
NC Incident and Arrest Forms Generation
' PISTOL RMS Add-on Modules
1 Calls for Service Module 990
1 Civil Processing Module 1,530
1 Concealed Carry Weapon Module j 630
- _ -
1 Gun Permits Module 630
1 Vacation House Watch Module 990
1 Property and Evidence Module (without Barcode Interface) 1,170
1 ;Training Module 990
Custom Product Development Services
1 Estimated Cost to Develop a one_-way Calls for Service Interface 875
between Logistics CAD to OSSI Calls for Service This price is
-- -
contingent on an approved Statement of Work by_OSSI and Customer.
' after receipt of the detail file layout and contigent on Chapel Hill j
i
acquiring the same interface.
Subtotal -RMS/Sheriff's Application Software $13,655
' Prepared by Open Software Solutions, Inc Page 1
ORANGE COUNTY
EXHIBIT C
' "Attachment 2"
' "APPLICATION SOFTWARE MAINTENANCE FEES"
7X24
Application Software Annual
# Description Maintenance
Base Jail Management System
1 PISTOL Jail Management System 5-Workstation License Includes: $3,450
On-line Booking (intake)
Central Names Interface
Automated Wants Checks I
' initial Inmate Screening -Medical and Suicide
Tree-based Risk Assessment
Arrest lnformatian --
Bond information
Property Management
Integration with Mugshot System
Inmate Tracking -
Court List Generation
Scheduled Events Management(Medical Appointment, etc.) i
Holds
Facility Capacity and Occupancy
Inmate Cash Accounts -
Medical Cost Tracking_
Criminal History -
Management-Reporting
5-day per week,8-hours per day unlimited support coverage
7-day per week, 24-hours per day emergency coverage
1 INC Specific Reporting Includes: _ 575
-PC 107 Notice of Confinement in Local Facility Report
-Reimbursement Request For Inmates Confined Locally_
-Monthly Confinement Report
Subtotal -Jail Management System Application Software $4,025
i
Prepared by Open Software Solutions, Inc Page 2
ORANGE COUNTY
"EXHIBIT C"
' "Attachment 2"
"APPLICATION SOFTWARE MAINTENANCE FEES"
-� 5X8
Application Software Annual
# Description Maintenance
Mugshot Software
1 PISTOL Mugshot Software Includes: $2,340
' 2 Capture Station Software
15 View and Print Workstation Licenses
15 Mugshot Book Review Workstation Licenses
' 15 Lineup Workstation Licenses
Subtotal -Mugshot Application Software $2,340
TOTAL APPLICATION SOFTWARE MAINTENANCE FEES $20,020
i
' Prepared by Open Software Solutions, Inc Page 3
ORANGE COUNTY
EXHIBIT D
' "IMPLEMENTATION SERVICES"
-- - -
Records Management
Implementation Services unit Total
# Description -- NOTE 1 Price Purchase
1 Project Planning Session $2,500 $2,500
1 OSSI's Project Management on Base RMS with Standard Delivery 7,500 7,500
- -- - - -
(without any software modifications)
1 ISoftware Installation --Customer ships server to OSSI's offices and 2,000 2,000
_ - --
i OSSI delivers to Customer's site
1 PISTOL RMS System Administrator's Course, Support Files Training/ 1,600 1,600
' Consulting Session at OSSI's Office in Greensboro(one 2-day class for
up to 8 students)
1 PISTOL RMS End User Course for Data Entry Personnel, Supervisors 3,200 3,200
at OSSI's Office in Greensboro (one 4-day class for up to 8 students)
i
1 PISTOL Civil, CCW and Pistol Perm_ it Training at OSSI's Offices in 800 800
Greensboro
-- -_ . _ - -
1 Calls for Service,Training, and Vacation House Watch Training in OSSI's 800 800
- - -- -
Offices in Greensboro
1 PISTOL Property and Evidence Training 800 800
--- -- -
1 Person On site when RMS Goes Live(up to two days on-site) 1,600 1,600
1 ;Visions Basic Name File Conversion (names and base demographic 2,000 2,000
- _ ---- --
data ONLY from Vision's DOS System)
i
4 (Additional Days Allowance for additional professional services 800 3,200
Subtotal -OSSI's RMS Implementation Services, plus travel and _ _$26,000
living expenses
1
' 11/13/2000 3:37 PM Prepared by Open Software Solutions, Inc Page 1
ORANGE COUNTY
EXHIBIT D
' "IMPLEMENTATION SERVICES"
Mugshot Software
Implementation Services unit Total
# Description -- NOTE 1 Price Purchase
- -
1 e Installation Char - - -- - -- --
Charge $2 500 $2,500
Subtotal -OSSI's Mugshot Implementation Services, plus travel $2,500
- - --- -and living expenses
- -
Jail Management System
Implementation Services unit Total
# Description -- NOTE 1 Price Purchase
_ 1 OSSI's Project Management on Base RMS with Standard Delivery $2,500 $2,500
(without any software modifications)
-- - --
1 Project Planning Session (assumes it is held at the same time with the N/C N/C
RMS Planning Session)
' 1 Software Installation --Customer ships server to OSSI's offices and 2,000 2,000
OSSI delivers to Customer's site
i
' 1 PISTOL JMS System Administrator's Course, Support Files Training/ 1,600 1,600
Consulting Session (one 2-day class for up to 8 students)
1 PISTOL JMS End User_Course for Data Entry Personnel, Supervisors 2,400 2,400
(one 3-day class for up to 8 students)
1 Person On site when JMS Goes Live (up to two days on-site) 11600 1,600
Subtotal -OSSI's RMS Implementation Services, plus travel and $10,100
living expenses
EXHIBIT D TOTAL IMPLEMENTATION SERVICES, plus $38,600
' ',travel and living expenses
I
' 11/13/2000 3:37 PM Prepared by Open Software Solutions, Inc Page 2
ORANGE COUNTY
EXHIBIT D
"IMPLEMENTATION SERVICES"
NOTES:
Note 1: All Implementation Services are billed on a daily basis. If OSSI
provides less than a day service it will be billed at the full daily
rate.
Note 2: If the County does not utilize all of the days defined in the
' Allowance for Professional Services Section of Exhibit D OSSI
will not invoice them.
Note 3: OSSI's intent for all standard products such as Base CAD,-
' RMS, JMS and other modules is to provide"Train the Trainer'
services.
Note 4: OSSI's current professional services rate are listed below:
-
Professional Services Rate for work provided during normal $_125 per hour
- --- -
i Maintenance Coverage Hours
Professional Services Rate for work provided $175 per hour
outside of normal Maintenance Coverage Hours
Professional Services Rate for work provided $250 per hour
when call is initiated outside Coverage Hours or
i on Weekends and OSSI's Holidays (Two hour minimum)
Note 5: All data conversion services will be provided on a Time and
- - - __
Materials basis plus expenses. OSSI's current rate for Data
Conversion Services is$150 per hour.
' 11/13/2000 3:37 PM Prepared by Open Software Solutions, Inc Page 3