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Resolution No. 098652 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PAN 22 23 24 25 26 27 RESOLUTION NO. 9865 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR SOFTWARE DEVELOPMENT BY AND BETWEEN THE CITY OF VERNON AND ANGEL CITY DATA, LLC FOR PHASE 3 OF THE DATABASE TRACKING SYSTEM FOR THE FIRE DEPARTMENT WHEREAS, on June 25, 2007, the City Council of the City of Vernon adopted Resolution No. 9352 approving an agreement with Angel City Data, LLC ("Angel City"") for Phase 1 of the development and implementation of a customized database tracking system for the Fire Department that will consolidate its data that is currently in various FileMaker software programs into one comprehensive FileMaker program 'to increase productivity and efficiency by eliminating separate data entry and maintenance of information and increase reporting capabilities (the "Database Tracking System"); and WHEREAS, on June 2, 2008, the City Council of the City of Vernon adopted Resolution No. 9630 approving an agreement to implement Phase 2 of the creation, installation, testing, training and conversion of the Database Tracking System; and WHEREAS, Angel City proposed -that the Database Tracking System be built in three phases with the first phase being the building of the FileMaker Pro foundation, which has been completed, the second phase being the automation of the system, which has been completed, and the third phase being taking the system to the web; and WHEREAS, the Fire Department is ready to implement Phase 3 of the Database Tracking System with Angel City for an estimated cost of Fifty -Four Thousand Four Hundred Fifty Dollars and No Cents 28 ll($54,450.00) (includes software, installation and sales taxes), with 1 thirty percent (30%) due with the issuance of the Purchase Order; and 2 WHEREAS, the City Council of the City of Vernon has 3 determined that, pursuant to the provisions of subsection (a) of 4 Section 2.27 of the Vernon City Code, it is in the public interest and 5 necessity to enter into a contract with Angel City for Phase 3 of the 6 Database Tracking System to enhance services provided to the Vernon 7 community. 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: 9 CITY OF VERNON AS FOLLOWS: 10 SECTION 1: The City Council of the City of Vernon hereby 11 finds and determines that the recitals contained hereinabove are true 12 and correct. 13 SECTION 2: The City Council of the City of Vernon hereby 14 approves the Contract for Software Development with Angel City, in 15 substantially the same form as the copy which is attached hereto as 16 Exhibit A and incorporated by reference. 17 SECTION 3: The City Council of the City of Vernon hereby 18 authorizes the. Mayor or Mayor Pro-Tem to execute said Contract for, 19 and on behalf of, the City of Vernon and the City Clerk or Deputy City 20 Clerk is hereby authorized to attest thereto. 21 SECTION 4: The City Council of the City of Vernon hereby 22 directs the City Clerk, or her designee, to send one fully executed 23 Agreement to: 24 Angel City Data, LLC 25 Attn.: David A. Knight, President 150 E. Olive Avenue, Suite 213 26 Burbank, CA 91502 27 SECTION 5: The City Council of the City of Vernon hereby 28 authorizes the City Administrator, or his designee, to make whatever 2 1 nonsubstantive, administrative and/or text changes, upon advice of 2 counsel, to the Contract. 3 SECTION 6: The City Clerk of the City of Vernon shall 4 certify to the passage of this resolution, and thereupon and 5 thereafter the same shall be in full force and effect. 6 APPROVED AND ADOPTED this 23 rd day of February, 2009. 7 8 9 Name: Leonis C. Malburg 10 Title: Mayor k4ayer Prt) Tt--rrL 11 ATTEST: 12 13 MANUELA GIRON-,--Ci,+-y Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9865, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, February 23, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) -L'4,z'x � a xx"..z MANUELA GIROM- C�ity Cle�-k - 4 - EXHIBIT A CONTRACT FOR SOFTWARE DEVELOPMENT This is a contract to develop database and/or web software between Angel City Data, LLC (vendor) and Vernon Fire Dept (client). Vernon Fire Department System Design Specification Schedule System Phase 3 ProjectScope dated 1/27/09 attached hereto as Exhibit A. and,� incorporated by reference Lestimate) establishes the functional and structural requirements for designing and building a FileMaker Pro database system (the system) for managing many facets of client's operation. For a full list of all functions comprised by this system, please refer to the aforementioned estimate. Justification The system will provide the tools necessary for Increasing productivity, minimizing redundant data entry, and presenting data and reporting capabilities that previously required manual assembly. The system will provide management with tools for verifying accountability and follow through of various staff members. The system will feature several automated routines that previously required manual execution, The system design will also provide extensive scalability, allowing the system to grow considerably without special handling or additional programming. The new system will potentially provide a much higher level of security than current systems and will provide opportunities for future integration with other cli I ent systems. Exclusions from Functionality It Is understood that no printed documentation will accompany the system. Please note that this can be arranged separately at anytime, subject to hourly charges. Please also note that many verbally discussed or previously documented items will not be included in this initial phase of development but may be added at a later time. Migration of existing data is also excluded from this initial phase but can be done by VFD staff or through vendor (additional charges apply). Security The system will provide specific levels of security as detailed In the estimate. Systent Platform The system will be designed primarily for both Windows XP, Vista and Mac OS X Operating system use. The FileMaker Pro system will work across the client's existing network, Client will provide an approved environment (computers and network) for running FileMaker Pro software over, Vendor will make recommendations to the client to achieve the above environment. Please note that system will utilize FileMaker Pro version 9.0 or higher and therefore requires that all computers be running compatible operating systems. The Estimate Vendor represents that all requirements stated in the Project Estimate are those that the Client has deemed necessary and complete, Vendor Is confident that the estimates provided herein are sound. Therefore, the total estimated amount of 330 hours of work shall not be exceeded without prior written justification and subsequent written consent by an authorized representative of the Client. Omissions It is the Client's responsibility to ensure that all requirements are properly documented and accounted for in the Project Estimate. Any errors,in or omissions from the signed Project Estimate and Contract are the sole responsibility of the client once the project has begun. Vendor will schedule review calls or meetings with primary client contacts to update progress of project and approvals for necessary processes to move forward. Payment Sche.dule 30% of the estimated project cost is due and payable upon execution of this agreement and must be received before the project can begin, An additional 50% of the total will be due at the project midpoint. Remaining 20% will be due upon successful delivery and acceptance by client.- Any Items subject to actual billing ("rough estimate" or "to be determined" or third party software items) will be billed as they occur during normal billing cycles (Is� and 15th of each month). Billing rate for all services is $165/hour, Changes to scope of work Client requested changes to the scope of work set forth in the Project Estimate will be handled by written change orders and are subject to additional charges at $165/hr rate. Each change order will be estimated and approved by client signature prior to being implemented. Client Acceptance Upon installation of the completed work, It is the responsibility of the Client to verify that the work accurately represents what is stated in the Project Estimate and other related documents, Client will be asked to 'sign a Document of Delivery upon acceptance of the work product. Should theie be any issues or discrepancies, the Client must present them in writing to vendor within 30 business days. Vendor agrees to resolve any issues in a timely manner, Client approval of all completed requirements constitutes compliance by Vendor, entitles Vendor to any remaining compensation and removes Vendor from any liability for specifications not listed In any supporting project documentation, Please note that upon system installation and final payment, vendor will provide client with master password to software, and full ownership of the software will be transferred to client to do with it as they see fit. Client will be under no obligation to vendor from that day forward. Technical Support Vendor will provide 90 days free technical support on all systems developed or purchased under this contract. Vendor warrants that the system will function properly and according to specifications stated in the Project Estimate and related documents for a period of 90 days upon completion date of the project so long as the database structure, layouts & scripts remain untouched by the Client's employees or agents (anyone other than Vendor personnel). Any system problems that occur as a result of faulty hardware, 3rd party software conflicts or any deviations from the conditions specified are not covered under this warranty. Example of Work Vendor reserves the right to Include the system/database developed for Client in Its portfolio as an example of work to potential clients and/or professional trade organizations. Vendor will obtain written client approval of system and database documentation used prior to presenting. Vendor understands the sensitivity of client Information and therefore promises to use only sample (mock) data in the portfolio, Limits of Liability Except in the event of gross negligence on the part of the vendor, the vendor shall not be liable towards the Client for any fault or any direct or indirect damage resulting there from, and the Client shall Indemnify the Vendor and hold it harmless from and against all claims, including all claims under a warranty, in any of the following cases: -Modifications made to the System or Its components by a person other than the Vendor or a person reporting to the Vendor; -Hardware or software modifications or additions made to the computer equipment which affect the proper operation of the System or its components; -The Introduction of a computer virus Into the computer equipment which affects the proper operation of the System or its components; -The migration of the System and its components to a different hardware or software environment; -The loss of business opportunities or income relating to the operation or failure to operate of the System or its components; and -Unlawful or unauthorized third party hacking into the computer equipment. UNLESS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL THE VENDOR (INCLUDING, IF APPLICABLE, ITS SUBSIDIARIES AND PARENT COMPANY, AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EXECUTIVES, EMPLOYEES, ASSOCIATES AND VENDORS) BE HELD LIABLE TOWARDS THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS OR OTHER ECONOMIC LOSS (RESULTING FROM A CONTRACTUAL OR EXTRA -CONTRACTUAL FAULT'OR FROM NEGLIGENCE), EVEN IF THE VENDOR HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES, AND IT IS POSSIBLE THAT ONE OR MORE OF THE AFOREMENTIONED EXCLUSIONS OR LIMITATIONS WILL NOT APPLY. IT IS ALSO POSSIBLE THAT THE CLIENT MAY HAVE OTHER RIGHTS, WHICH RIGHTS MAY VARY FROM ONE PLACE TO ANOTHER, UNDER NO CIRCUMSTANCES WILL THE VENDOR'S TOTAL LIABILITY TOWARDS THE CLIENT EXCEED THE VALUE OF THE SERVICES RENDERED TO THE CLIENT AND PAID FOR BY IT. THE CLIENT EXPRESSLY RELEASES THE VENDOR FROM ANY LIABILITY EXCEEDING THE SAID LIMIT. Duration The terms and pricing of this Requirements Specification and Project Estimate are deemed time -sensitive and must be executed within 60 days (until 4/10/2009). If this contract is not executed prior to or on this date, this contract and all the terms within are null and void and related pricing and terms are subject to change. Project Estimate VFDO04—Design Spec_v2 & above contract: Agreed to by Vendor: Aqreed to by Client: City of Vernon Sign & Date Sign & Date David A. Knight Name Printed President Angel City Data LLC Mayor / Mayor Pro-Tem ATTEST: Title By: APPROVED AS TO FORM: Manuela Giron, City Clerk Jeff A. Harrison, City Attorney EXHIBIT A Angel City Data 150 E. Olive Ave, Suit, 213 Burbank, CA 91502 (818) 238-0172 System Design Specification Vernon Fire Department Schedule System Phase 3 VFDOD4-v2 Ranking Key: Page 1 Mandatory (Item needed to fulfill requirement), Optional = Cilentoption, Future = (Possiblefuture item -does not affectthe estimate total) 112712009 Angel City Data 150 E. Olive Ave, Suite 213 Burbank, CA 91502 (818) 238-0172 System Design Specification Vernon Fire Department Schedule System Phase 3 VFfXj04-v2 100 Overview This Database System is being enhanced to allow staff to connect to the database using a web browser, and to be able to perform many key functions. Additionally many enhancements will be made to the database including: NFIRS database integration Strike Team enhancements Training Module enhancements Additional enhancements System is designed to run on FileMaker 10 or higher and FileMaker Server 10 or higher ONLY. This has already been purchased by $0�00 Page 2 1121ZQ009 Angel City Data 150 E. Olive Ave, Suite 213 Burbank, CA 91502 (818) 238-0172 System Design Specification Vernon Fire Department Schedule System Phase 3 VF1,004 Q 200 Web Accessibility Staff will be given the ability to access certain database functions via a web browser. Specifically, staff will be able to request OT, PTO, and trades using a web browser. They will also be given read-only access to both the daily schedule and the daily bulletin board. Automatic emalls will be sent out to both parties when a trade is requested or canceled. Please note, programming will be done using FileMaker's "Instant Web Publishing." The client will need to upgrade their server software to FileMaker Server Advanced. . . . . . . . . . . . Mandatory Development FileMaker programming support 121.00 hrs Mandatory Development General Navigation / User Interface &QO hrs Mandatory Development Server Configuration 32,0() hrs Mandatory Development View Only Bulletin Board 8,00 hrs Mandatory Development View Only Schedule 8,00 hrs Mandatory Development Email functionality on trades 8,()() hrs Mandatory Testing Testing of web functionality ................ 40,00 hrs ............... I 1 ­11.111- E,,'Arpa'tco Cczsl' 1�1""'�5 $37,125�00 300 NFIRS database Functionality will be added to provide integration with NFIRS database. When scheduler goes into NFIRS database, creates a new incident, specifies a date and an apparatus, the NFIRS database will go to the new database and capture the staff members who are on that apparatus on that day. The NFIRS database will then create personnel records for each of those staff members. In the case of split shifts, If a staff member needs to be removed, they can then remove them manually just as they can do today. The RDI Staff database will still be maintained simultaneously to the regular staff database that ACD built. E ............. . ....... Mandatory Functional Integration with NFIRS database 8,00 hrs Ppge 3 11?2;12009 Angel City Data 150 E. Olive Ave, Suite 213 Burbank, CA 91502 (818) 238-0172 System Design Specification Vernon Fire Department Schedule System Phase 3 vH)(@q V 400 Strike Team Enhancements The schedule module will be modifed to track staff and apparatus when a strike team is called. The following new functionaility will be put into place: Need a way on the schedule for schedulers to indicate which of the day's staff are available for a strike team. 2. Need a way on the schedule to visually see which of the day's staff are available for a strike team. 3. Need a NEW SCREEN to be able to schedule the strike team should one be needed. This would be apparatus centric. It would show all available apparatus, and then the positions on that apparatus, and allow schedulers to assign available staff to the various slots. 4. A printout needs to be generated every morning with strike team assignments and availability should it be needed. 5. If a strike team is needed, we need the ability to move staff off their normal assignments and on to the strike team. This also means one or more apparatus might be assigned to a strike team. 6. Need the ability to place into service another piece of apparatus to replace the one out on the strike team. This would have to be visible on the schedule screen. 7. Once staff and apparatus are placed on a strike team, they should stay on the strike team until a scheduler indicates that they have returned. 8. Need ability to take apparatus and staff off of strike team. 9. If someone comes off the schedule due to illness, etc., they should also come off the strike team. ........................... Mandatory Functional Schedulers need to be able to indicate which staff is available Mandatory Screens Visual way to see which of the staff are available for strike team. Mandatory Screens NEW SCREEN to be able to schedule the strike team Mandatory Printouts Printout needs to be generated every morning with strike team assignments and availability. Mandatory Functional Ability to move staff off their normal assignments and on to the strike team. This also means one or more apparatus might be assigned to a strike team. Mandatory Functional Ability to place into service another piece of apparatus to replace the one out on the strike team. This would have to be visible on the schedule screen. Mandatory Functional Once staff and apparatus are placed on a strike team, they should stay on the strike team until a scheduler indicates that they have returned. Mandatory Functional Need ability to take apparatus and staff off of strike team. Mandatory Functional If a staff member comes off the schedule due to illness, etc., they should also come off the strike team. 'Co�A ('57 Est 1H-,ur-'VPdr 3,L)o hrs 2.00 hrs 2�,(X) hrs 8�(X) hrs Un hrs UO hrs 1,()0 hrs 3,00 hrs 1,00 IT $9,405.00 Page 4 f /,?�4?009 Angel City Data 150 E. Olive Ave, Suite 213 Burbank, CA 91502 (818) 238-0172 500 Training Module Enhancements The training module will be enhanced with the following capabilities: 1. Change start and end time to # of hours. No need for exact times. 2. New Training Type Table 3. New Training Type admin screen. System Design Specification Vernon Fire Department Schedule System Phase 3 V11111*11-112. 4. New Training Wizard Screen We'd like to have checkboxes for every staff member at that station for that day. These staff members will be in the same sort order as on the schedule. (This could be a portal - perhaps) Scheduler can choose which staff members did the training. Probably should check all by default. The top trainings would be presented, and scheduler can indicate how many hours for each training. Then the Bottom trainings would be presented as checkboxes, and schedulers can choose. Then click okay, and database would create these individual training records. NOTE: The bottom trainings are children of the top trainings - but right now that relationship does not exist, Client has inidcated that this parent/child relationship does not need to be implemented. ...... ............ Mandatory Functional ............. ...... .. Change start and end time to number of hours. 2,()() hrs Mandatory Table New Training Type Table 4,00 hrs Mandatory Screens New Training Type Admin Screen 4,00 hrs Mandatory Screens New Training Wizard Screen 12.00 hrs Mandatory Functional Automatic creation of individual training records ................. ....... ....................... 18,00 hrs ........... 4 �$6,600.00 C,0611. 0 Grand Total Estimate (330.00 hrs): $54,450.00 Note: There may be options in this spec that are not reflected in this total Please hand check items for accurate total Page 5 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (32,,8),583-8811 April 1, 2009 Mr. David Knight President Angel City Data, LLC 150 E. Olive Avenue, Suite 213 Burbank, CA 91502 Re: Software Development Contract- Phase 3 Database Tracking System for the Fire Department Dear Mr. Knight: Transmitted herewith is a copy of the fully executed agreement, as referenced above, approved by City Council on February 23, 2009, through Resolution No. 9865. If you have any questions regarding this matter, please call Mr. Mark Whitworth, at (323) 583-8811 ext. 280. ry truly yours, e 11 - AGil' City Clerk NG: dj c: Mark Whitworth Purchasing Resolution No. 9865 Agreement File No. 09-033 Er,cfusivefy Industriaf CONTRACT FOR SOFTWARE DEVELOPMENT This is a contract to develop database and/or web software between Angel City Data, LLC (vendor) and Vernon Fire Dept (client). Project Scope Vernon Fire Department System Design Specification Schedule System Phase 3 dated 1/27/09 (VFDO04—Design Spec—v2) attached hereto as Exhibit A and incorporated by reference (estimate) establishes the functional and structural requirements for designing and building a FileMaker Pro database system (the system) for managing many facets of client's operation. For a full list of all functions comprised by this system, please refer to the aforementioned estimate. Justification The system will provide the tools necessary for increasing productivity, minimizing redundant data entry, and presenting data and reporting capabilities that previously required manual assembly. The system will provide management with tools for verifying accountability and follow through of various staff members. The system will feature several automated routines that previously required manual execution. The system design will also provide extensive scalability, allowing the system to grow considerably without special handling or additional programming. The new system will potentially provide a much higher level of security than current systems and will provide opportunities for future integration with other client systems. Exclusions from Functionality It is understood that no printed documentation will accompany the system. Please note that this can be arranged separately at anytime, subject to hourly charges, Please also note that many verbally discussed or previously documented items will not be included in this initial phase of development but may be added at a later time. Migration of existing data is also excluded from this initial phase but can be done by VFD staff or through vendor (additional charges apply). Security The system will provide specific levels of security as detailed in the estimate. System Platform The system will be designed primarily for both Windows XP, Vista and Mac OS X Operating system use, The FileMaker Pro system will work across the client's existing network. Client will provide an approved environment (computers and network) for running FileMaker Pro software over. Vendor will make recommendations to the client to achieve the above environment. Please note that system will utilize FileMaker Pro version 9.0 or higher and therefore requires that all computers be running compatible operating systems. The Estimate Vendor represents that all requirements stated in the Project Estimate are those that the Client has deemed necessary and complete. Vendor is confident that the estimates provided herein are sound, Therefore, the total estimated amount of 330 hours of work shall not be exceeded without prior written justification and subsequent written consent by an authorized representative of the Client. Omissions It is the Client's responsibility to ensure that all requirements are properly documented and accounted for in the Project Estimate. Any errors in or omissions from the signed Project Estimate and Contract are the sole responsibility of the client once the project has begun. Vendor will schedule review calls or meetings with primary client contacts to update progress of project and approvals for necessary processes to move fo rw a rd. NL--- Payment Schedule 30% of the estimated project cost is due and payable upon execution of this agreement and must be received before the project can begin. An additional 50% of the total will be due at the project midpoint, Remaining 20% will be due upon successful delivery and acceptance by client. Any items subject to actual billing ("rough estimate" or "to be determined" or third party software items) will be billed as they occur during normal billing cycles (1st and 15th of each month). Billing rate for all services is $165/hour. Changes to scope of work Client requested changes to the scope of work set forth in the Project Estimate will be handled by written change orders and are subject to additional charges at $165/hr rate. Each change order will be estimated and approved by client signature prior to being implemented. Client Acceptance Upon installation of the completed work, it is the responsibility of the Client to verify that the work accurately represents what is stated in the Project Estimate and other related documents. Client will be asked to sign a Document of Delivery upon acceptance of the work product. Should there be any issues or discrepancies, the Client must present them in writing to vendor within 30 business days. Vendor agrees to resolve any issues in a timely manner. Client approval of all completed requirements constitutes compliance by Vendor, entitles Vendor to any remaining compensation and removes Vendor from any liability for specifications not listed in any supporting project documentation. Please note that upon system installation and final payment, vendor will provide client with master password to software, and full ownership of the software will be transferred to client to do with it as they see fit. Client will be under no obligation to vendor from that day forward. Technical Support Vendor will provide 90 days free technical support on all systems developed or purchased under this contract. Vendor warrants that the system will function properly and according to specifications stated in the Project Estimate and related documents for a period of 90 days upon completion date of the project so long as the database structure, layouts & scripts remain untouched by the Client's employees or agents (anyone other than Vendor personnel). Any system problems that occur as a result of faulty hardware, 3rd party software conflicts or any deviations from the conditions specified are not covered under this warranty. Example of Work Vendor reserves the right to include the system/database developed for Client in its portfolio as an example of work to potential clients and/or professional trade organizations. Vendor will obtain written client approval of system and database documentation used prior to presenting. Vendor understands the sensitivity of client information and therefore promises to use only sample (mock) data in the portfolio. N�-- Limits of Liability Except in the event of gross negligence on the part of the vendor, the vendor shall not be liable towards the Client for any fault or any direct or indirect damage resulting there from, and the Client shall indemnify the Vendor and hold it harmless from and against all claims, including all claims under a warranty, in any of the following cases: -Modifications made to the System or its components by a person other than the Vendor or a person reporting to the Vendor; -Hardware or software modifications or additions made to the computer equipment which affect the proper operation of the System or its components; -The introduction of a computer virus into the computer equipment which affects the proper operation of the System or its components; -The migration of the System and its components to a different hardware or software environment; -The loss of business opportunities or income relating to the operation or failure to operate of the System or its components; and -Unlawful or unauthorized third party hacking into the computer equipment. UNLESS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL THE VENDOR (INCLUDING, IF APPLICABLE, ITS SUBSIDIARIES AND PARENT COMPANY, AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EXECUTIVES, EMPLOYEES, ASSOCIATES AND VENDORS) BE HELD LIABLE TOWARDS THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS OR OTHER ECONOMIC LOSS (RESULTING FROM A CONTRACTUAL OR EXTRA -CONTRACTUAL FAULT OR FROM NEGLIGENCE), EVEN IF THE VENDOR HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES, AND IT IS POSSIBLE THAT ONE OR MORE OF THE AFOREMENTIONED EXCLUSIONS OR LIMITATIONS WILL NOT APPLY. IT IS ALSO POSSIBLE THAT THE CLIENT MAY HAVE OTHER RIGHTS, WHICH RIGHTS MAY VARY FROM ONE PLACE TO ANOTHER. UNDER NO CIRCUMSTANCES WILL THE VENDOR'S TOTAL LIABILITY TOWARDS THE CLIENT EXCEED THE VALUE OF THE SERVICES RENDERED TO THE CLIENT AND PAID FOR BY IT. THE CLIENT EXPRESSLY RELEASES THE VENDOR FROM ANY LIABILITY EXCEEDING THE SAID LIMIT. Duration The terms and pricing of this Requirements Specification and Project Estimate are deemed time -sensitive and must be executed within 60 days (until 4/10/2009). If this contract is not executed prior to or on this date, this contract and all the terms within are null and void and related pricing and terms are subject to change. Project Estimate (exhibit A) VFDO04—Design Spec_v2 & above contract: Agreed to by Vendor: I— David A. Knight President Angel City Data LLC ATTES) Z� By: Manuela Giron,Ci Clerk Leonis C. Malburg Agreed to by Client: Printed Mayor Title APARO ED S TO FORM: ult a_�! J �fA. 7rrison, City Attorney I EXHIBIT A System Design Specification Angel City Data 150 E. Olive Ave, Suiie 213 Vernon Fire Department Burbank, CA 91502 Schedule System Phase 3 (818) 238-0172 VFD00+v2 Ranking Key: PC)ge 1 Mandatory (Item needed to fulfill requirement), Optional = Client option, Future = (Possible future item -does not affect the estimate total) 311812009 Angel City Data System Design Specification, 150 E. Olive Ave, Suite 213 Vernon Fire Department Burbank, CA 91502 Schedule System Phase 3 (818) 238-0172 VFDO04-v2 System is designed to run on FileMaker 10 or higher and FileMaker Server 10 or higher ONLY. This has already been purchased by customer. I Ranking Element Description Est Hours/Prii -------------------- --- - ------------------------ ----- — ------------------------- I - --- - - ------------ -- -- ------ - - Mandatory 0.00 ................. . ---- — .... -------------- - -------------------------- - ---- ----------------------- - ----------------- -- --------------- - - ---- ----------------- - - Requirement Estimated Cost (0 lirs): $0. T KOM Page 2 311812009 Angel City Data System Design Specification 150 E. Olive Ave, Suite 213 Vernon Fire Department Burbank, CA 91502 Schedule System Phase 3 (818) 238-0172 VFDO04-v2 200 Web Accessibility Staff will be given the ability to access certain database functions via a web browser. Specifically, staff will be able to request OT, PTO, and trades using a web browser. They will also be given read-only access to both the daily schedule and the daily bulletin board. Automatic emails will be sent out to both parties when a trade is requested or canceled. Please note, programming will be done using FileMaker's "Instant Web Publishing." The client will need to upgrade their server software to FileMaker Server Advanced. Ranking Element Descrip n Est Hours/Price I ---- I __ ____ . �19_1 -- ------ ­1 .................. ­­­ ------- --------------------------------- ------------- -­------------ ----------------------------- ........ ------- ------------------------ Mandatory Development FileMaker programming / support 121.00 hrs Mandatory Development General Navigation / User Interface 8,00 hrs Mandatory Development Server Configuration 32.00 hrs Mandatory Development View Only Bulletin Board 8.00 hrs Mandatory Development View Only Schedule 8.00 hrs Mandatory Development Email functionality on trades 8,00 hrs Mandatory Testing Testing of web functionality 40.00 hrs Requirement Estimated Cost (225 hrs): $37,125.00 300 NFIRS database Functionality will be added to provide integration with NFIRS database. When scheduler goes into NFIRS database, creates a new incident, specifies a date and an apparatus, the NFIRS database will go to the new database and capture the staff members who are on that apparatus on that day. The NFIRS database will then create personnel records for each of those staff members. In the case of split shifts, If a staff member needs to be removed, they can then remove them manually just as they can do today. The RDI Staff database will still be maintained simultaneously to the regular staff database that ACD built. Ranking Element Description Est Hours/Price Mandatory Functional Integration with NFIRS database 8.00 hrs ..................... .. ................................... .. - -- ---- ............ ........ ­1.11.11­11 .. Requirement Estimated Cost (8 hrs): $1,320.00 Page 3 311812009 Angel City Data System Design Specification, 150 E. Olive Ave, Suite 213 Vernon Fire Department Burbank, CA 91502 Schedule System Phase 3 (818) 238-0172 VFDO04-v2 400 Strike Team Enhancements The schedule module will be modifed to track staff and apparatus when a strike team is called. The following new functionaility will be put into place: 1. Need a way on the schedule for schedulers to indicate which of the day's staff are available for a strike team. 2. Need a way on the schedule to visually see which of the day's staff are available for a strike team. 3. Need a NEW SCREEN to be able to schedule the strike team should one be needed. This would be apparatus centric. It would show all available apparatus, and then the positions on that apparatus, and allow schedulers to assign available staff to the various slots. 4. A printout needs to be generated every morning with strike team assignments and availability should it be needed. 5. If a strike team is needed, we need the ability to move staff off their normal assignments and on to the strike team. This also means one or more apparatus might be assigned to a strike team. 6. Need the ability to place into service another piece of apparatus to replace the one out on the strike team. This would have to be visible on the schedule screen. 7. Once staff and apparatus are placed on a strike team, they should stay on the strike team until a scheduler indicates that they have returned. 8. Need ability to take apparatus and staff off of strike team. 9. If someone comes off the schedule due to illness, etc., they should also come off the strike team. Ranking Element Description ............. I .... ..... ......................... . ............ .......... Est Hours/Nice Mandatory Functional Schedulers need to be able to indicate which staff is available 3.00 hrs Mandatory Screens Visual way to see which of the staff are available for strike team. 2.00 hrs Mandatory Screens NEW SCREEN to be able to schedule the strike team 24.00 hrs MW�datory Printouts Printout needs to be generated every morning with strike team assignments and availability, 8.00 hrs Mandatory Functional Ability to move staff off their normal assignments and on to the strike team. This also means one or 8.00 hrs more apparatus might be assigned to a strike team. Mandatory Functional Ability to place into service another piece of apparatus to replace the one out on the strike team. This 4,00 hrs would have to be visible on the schedule screen. Mandatory Functional Once staff and apparatus are placed on a strike team, they should stay on the strike team until a 4,00 hrs scheduler indicates that they have returned. Mandatory Functional Need ability to take apparatus and staff off of strike team. 3,00 hrs Mandatory ---- ------ ----- Functional ------------------------------- If a staff member comes off the schedule due to illness, etc., they should also come off the strike team. ---------- .................. — --------------------------- -------------------------- ----------------- --------------- 1-1 ... I ........ 1.00 hr Requirement Estimated Cost (57 lirs): $9,405.00 Page 4 311812009 Angel City Data 150 E. Olive Ave, Suite 213 Burbank, CA 91502 (818) 238-0172 System Design Specification Vernon Fire Department Schedule System Phase 3 VFDO04-v2 �g, p� - ........ .. 500 Training Module Enhancements The training module will be enhanced with the following capabilities: 1. Change start and end time to # of hours. No need for exact times. 2. New Training Type Table 3. New Training Type admin screen. 4. New Training Wizard Screen We'd like to have checkboxes for every staff member at that station for that day. These staff members will be in the same sort order as on the schedule. (This could be a portal - perhaps) Scheduler can choose which staff members did the training. Probably should check all by default. The top trainings would be presented, and scheduler can indicate how many hours for each training. Then the Bottom trainings would be presented as checkboxes, and schedulers; can choose. Then click okay, and database would create these individual training records. NOTE: The bottom trainings are children of the top trainings - but right now that relationship does not exist. Client has inidcated that this parent/child relationship does not need to be implemented. Ranking Element Description ---- ------ --------------------------------- ----------- ------ I --------------------- Est Hours/Price -------------------------------------------------- -- ---------------------------- I-- ................ - — --- Mandatory Functional Change start and end time to number of hours. 2.00 hrs Mandatory Table New Training Type Table 4.00 hrs Mandatory Screens New Training Type Admin Screen 4.00 hrs Mandatory Screens New Training Wizard Screen 12.00 hrs Mandatory Functional Automatic creation of individual training records ........... .................. . .............. .... .... 18.00 hrs I........., .. .... ..... I..., .. ......... .............................. ---- -- Requirement Estimated Cost (40 hrs): $6,600.00 L-tv Grand Total Estimate (330.00 hrs): $54,450.00 Note: There may be options in this spec that are not reflected in this total Please hand check items for accurate total Page 5 311812009 10-1 VWC r Y CU1011 N, C i 1. 0 2 �5 '0 9 APPROVED FE OL g Memoimd= RECEIVEID FEB 2009 TO: MARTHA VALENZUELA, PURCHAr7ENT Ali rom: DEBBY NICKENS, PURCHASING Date: 2/09/2009 Re: FIRE DEPARTMENT REQUISITION #0003772 CITY CLERK'S OFFICE �4 gh� kl� /01 Attached for your approval is requisition #0003772. The Fire Department is requesting to purchase Phase 3 of the Angel City Database Tracking System for their department. The system will provide internal data management compiled by the department. In a memo to Purchasing dated January 26, 2009 Battalion Chief Andy Guth advised Purchasing that "Phase 3 (2009) will take the system to the Web, enabling personnel and staff access to the databasefor scheduling and other needs. " The Web accessibility will allow Fire department personnel to view their work schedule and department bulletins. Requests for over time, PTO*, and shift trades canble requested via the Web. When these shift changes are requested, automatic e7ffiails�4te sent to the personnel affected. Also during this phase, the NFIRS dat'ab"', ill be integrated into the data system. Battalion Chief Andy Guth ase wi adv li�scd' Purchasing this software identifies what firefighter is assigned to a specific apparatus. When the department responds to a fire incident, this software quickly provides information as to who is responding to the incident, which is important when drafting the incident report. Another addition to this data base, will provide personnel availability and incident tracking for strike team members and their apparatus' called into service. Finally, training modules can be established and tracked. This data would indicate who provided training, the duration of the training session, and other related data for record keeping purposes. The selected vendor for this purchase is Angel City Data, As previously advised last year, this system is a custom developed system for the Vernon Fire Department. The vendor will perform the installation of this software. The vendor has a Contract for Software Development (copy attached), which will be signed by Mr. David Knight, President and mailed via Federal Express to Legal. Purchasing has confirmed with Risk Management that this vendor has approved insurance, C1 Y L RK DigRIBUTION IN .9 February 10, 2009 The approximate cost for Phase 3 is $54,450.00 (cost includes software, installation and sales taxes). Funds were specifically budgeted for this expenditure and are available, *NFIRS — National Fire Incident Reporting System * *PTO — Personal Time Off ReqMstr Requisition Master Report Page: 1 214/2009 12:52:06PM CITY OF VERNON Document #: 4771 Date: 01/28/2009 Year: 2009 Requisition #: 0003772 Description: SYSTEM PHASE 3 Requestor: ALVAREZ, DAVID Requested for: ALVAREZ, DAVID Apprvi Queue: fi re Group: dalvarez Combine: N Current Aprv: JAUNZEMIS, DOLORES LvI: 3 Prev: WHITWORTH, MARK PO Type: reg Confirming: N PO #: Blanket exp: $Limit - PO: Tran: Contact: DEBBY NICKENS Phone: (323) 583-8811 x281 Text Code: Restock: N Department: 1033 Order Placement: Purchasing Requisition'$6 ce Type Item Code Amount s Tax cd: Comm cd: 100 Overview Account(s) Project Account(s) 200 Web Accessibility Account(s) Project Account(s) E 0 11. 1033.850000 MM 1099 box: 7M FA? N Acct % Amount Acct % Amount 100.00 37,125.00 RFQ: N Encumber: Y Vendor: 000314 ANGEL CITY DATA, L.L.C. Selected: Y Order from: 150 E. OLIVE AVENUE SUITE 213 BURBANK, CA 91502 Pay to: 150 E. OLIVE AVENUE SUITE 213 BURBANK, CA 91502 FOB Point: DESTINATION A�� Desired: Required: Bill to: 01 ATTN: TREASURY DEPARTMENT 4305 SANTA FE AVE VERNON, CA 90058 Ship to: city 4305 SANTA FE AVE. VERNON, CA 90058 Ship -via: Instructs: cZ3 9-- w Page: 1 ReqMstr Requisition Master Report Page: 2 2/4/2009 12:52:06PM CITY OF VERNON 300 NFIRS database Account(s) E 011. 1033.850000 Project Account(s) Acct % Amount 100.00 1,320.00 RFQ: N Encumber: Y Vendor: 000314 ANGEL CITY DATA, L.L.C. Selected: Y Order from: 150 E. OLIVE AVENUE SUITE 213 BURBANK, CA 91502 Pay to: 150 E. OLIVE AVENUE SUITE 213 BURBANK, CA 91502 FOB Point: DESTINATION Desired: Required: Bill to: 01 ATTN: TREASURY DEPARTMENT 4305 SANTA FE AVE VERNON, CA 90058 Ship to: city 4305 SANTA FIE AVE. VERNON, CA 90058 Ship -via: Instructs: disition Ite Type Item Code Whse Quantity Units Unit Cost Extension 9 1.00 ea 9,405.00000 9,405.00 Tax cd: Comm cd: 1099 box: FA? N Fund Typ: Allow partial: N 400 Strike Team Enhancements Account(s) E 011. 1033.850000 Allow backorder: N Project Account(s) Acct % Amount 100.00 9,405.00 RFQ: N Encumber: Y Vendor: 000314 ANGEL CITY DATA, L.L.C. Selected: Y Order from: 150 E. OLIVE AVENUE SUITE 213 BURBANK, CA 91502 Pay to: 150 E. OLIVE AVENUE SUITE 213 BURBANK, CA 91502 FOB Point: DESTINATION Desired: Required: Bill to: 01 ATTN: TREASURY DEPARTMENT 4305 SANTA FE AVE VERNON, CA 90058 Ship to: city 4305 SANTA FE AVE. VERNON, CA 90058 Ship -via: Instructs: Requisition* em Type Item Code Whse Quantity Units Unit Cost Extension 9 1.00 ea 6,600.00000 6,600.00 Tax cd: Comm cd: 1099 box: FA? N Fund Typ: Allow partial: N Allow backorder: N 500 Training Module Enhancements Account(s) E 0 11. 1033.850000 Project Account(s) Acct % 100.00 Amount Page: 2 ReqMstr Requisition Master Report Page: 3 21412009 12:52:06PM CITY OF VERNON Document #: 4,771 (Continued) Requisition #: 0003772 RFQ: N Encumber: Y Vendor: 000314 ANGEL CITY DATA, L.L.C. Selected: Y Order from: 150 E. OLIVE AVENUE SUITE 213 BURBANK, CA 91502 Pay to: 150 E. OLIVE AVENUE SUITE 213 BURBANK, CA 91502 FOB Point: DESTINATION Desired: Required: Bill to: 01 ATTN: TREASURY DEPARTMENT 4305 SANTA FE AVE VERNON, CA 90058 Ship to: city 4305 SANTA FE AVE. VERNON, CA 90058 Ship -via: Instructs: Total: 54,450.00 R isit" I History eqv , iom, pprova, Approver: DAVID ALVAREZ LvI: I In: 1/28/2009 1:07:14PM Out: 1/28/2009 1:08:05PM Action: app Approver: MARK WHITWORTH Action: app LvI: 2 In: 1/28/2009 1:08:05PM Out: 2/3/2009 5:19:40PM Page: 3 V ernon Fire Department Memo , F6: Purchasing From: Bat(alion Chiel'Guth CC: Date� 1/2-6/2009 Re: New F'ire Department Data base Attached is the Desion Specification firom Angel City Data fbr phase 3 of our ne�v Rre LI department, database pro ' ject, �Fhe need for the project was derived firoin the intlbility, of our oornputer system to meet and keel) tip witb (lie needs ofour propye,"ive fire dopal-ti-nQ11t, Our original systeno was created in'ternally in early versions ofUileniakcj- Pro and has progressed throuLlb 1.11,1111CRYLIS upgrades of' the program lbr the past twelve years, "I'Tic systern was rilade up of twinerous flat or non -relational liles that were incapable or cornmunicilling with eziell other and limiting the aniount of data to be drawn fior staff analysis and automation. 'I'lie bollorn line is that. we Just outgrew our SyStelll ',111d did not litive the CNPCI-tiSC to create a system R.)r the f1iture, needs ofthe dopartnic 'I'hQ new system is to be bUill ill OWN phaSQS Min,, Filornaker Pro 10.0 as the platromi. .In phase 1, we completed (lie foundation for tile syStem that included an internal database, shill scheduling, qualffleations tracking, vacation/siek tracking. In phase 22 we will be adding extensive autornation, which will enable tile departi-noilt lo complete (asks quickly and efficiently by tying nurnerous databases togetherand allow its to go virtually paperless, Phase 2 will, also include a department calendar. tire apparatus status and it training d, atabase. I'llase 3 (2009) will take the systen) to the Weh, enablinc, personnel and stall'access to tile database for scheduling and other needs, At the coalpletion ol'cach phase we will be placing tile system in service in order to iron out any bttg.`� prior to file star( ofthe next phase,, A tinijule roi, the prcliect completion was set at 24 months, 0 Pap 1 Angel City Data System Design Specification ISO E, Ofive Ave, Suite. 213 Vernon Fire Department Burbank, CA 91502 Schedule System Phase 3 (818) 238-0172 Ranking key! nmu'd Ir, 41RA ofxiurl' 1"11"w, Mw,bk� A'hm� &fe(l tho, mmw��t� "MW m . . . . . . . . . . NO- ON` BE, sum �'wow '� WAV! Mandatory Development HeMaker prograrnnning / support 121 DO 1-, Mandatory Developmert General Navigation / User I nLorface 8,00 1), � Mandatory Development Server Configuration 32,M N, Mandatory DevelOPMOni, View Only Bulletin Board 8�(k) hi, Mandatoty Development View Only Schedule H Of) Mandatory Development Ernail functionality on bades 4,(�) Mandatory 'resting Testing of web functionality 40A) h! $37,125.00 300 NFIRS database Functionality will be added to provide integration with NFIRS database, When scheduier goes into NFIRS database, creates a new incident, specifies a date and an apparatus, the NFIRS database will go to the new database and capture the staf I members who are on that apparatus on that clay� The NFIRS database will then cre�ate personnel records, for each of those staff members, it) the case of split shifts, If a staff member needs to be rem I oved, they can then remove them manually just as they can ao today, The, RDJ Staff database will still be maintained simultaneously to the regular staff database that ACD built. Mandatory Functional Integration with NFIRS database Wxb h�% Angel City Data System Design Specification 190 E, Olive Ave, 13olte 213 Vernon Fire Department F.Wrtionk, CA 91502, Schedule System Phase 3 (81$) 238-0172 WW "'t 400 Strike Team Enhancements The schedule module will be modifed to track staff and apparatus when a stiike tearn is called. The following new I'Linctionaility will be put into place: I , Need a way on the schedule for schedulers to indicate which of the day's staff are available for a strike team. 2. Need a way on the schedule to VISUallysee which of the day's staff are, available for a strike team. 3, Need a NEW SCREEN to be able to schedule the strike [.earn should one be needed. This would be appara! us centric. it would $[,low all available apparotus, and then the positions on that apparaftls, and allow schedulers to assign available staff to the, Various $lots. 4� A printout needs to be generated every morning with strike V.-am assignMents and availability should it be nieecled� 5. If a strike team is needed, we need the ability to move staff off their normal assignments and on to the strike team. This also means one or more apparatus might be assigned to a strike Leam. 6� Need the ability to place into service another plece of apparatus to replace the one out on the strike team, This would have to be visible on the schedule screen, 7. Once staff and apparatus are placed on a strike Leam, they should stay on the strike team until a scheduler indicates that they have returned. B. Need atillity to take apparattis and staff off of strike team, 91 If someone conies off the schedule due, to illness, otc., they should also come off the strike tean), Mandatory Fundionai Schedulens, needl to be able to indicate oilhich staff is Ovallable 301) Man,datory Scraens, Vistial way to see which of the staff are available f,,.tr strike tvarn. 2,("() tim Mandatory Scre.ens NEW SCREEN to be, able to, soiedule the strike tearn 2�;,171(1 lif� Mandatory Printouts PrinLout needs to be gerieratt,'M every morning wiLh Mrike Learn assigrinrents and availability. 81)(1 lit " MandiLory Functional Ability to move staff off their normal assignments and of, to the strike team, Th(q also of 1 -0, 0, s o n e, o r fj�o() lit, more apparatus might be msignod to a strike team, M�indatory Functional Ability to plOce into sQrvice another plKe of apparatus, to replace the. one out on the strike toarn. This 4'(0 lirs would havia to he visil,)Io on the st'hodule s(reon. Mandatoiy Fun(tinnal Orwo staff and apparolus are placed on a strike toarti, LhOy should Stay on the, ctrike teary) until a (,X'j llf�. ,�cheduler indicatc-, Lh�it they have r(Jurrie.d. Mandatory Functional Need ability to take apparatus and s4iff off of strike tearn, Mandatory Functional 1,; a staff tylember comes of� the schedule dijc� to illnessi etc, fficy should also come off the strike tem, 'J'a) [Y $9,40S.00 9 1. Change start and end Urne to 11 of hours. No need for exact Urnes 2. New Training Type Table 3, New.Tralring Typo admih scre0n. 4. New Training Wizard Screen We'd like to have checkboxes for every staff member at that station for that day. The�3(,,, staff mernbers will be in the same sort order as on the schedule. (This could be a portal - perhaps) Scheduler (.an choose which staff, members did the training. Probably should check all by default. 'The top trainings Would be PICsenLed, and schodulei can indicatc- how many hours for each training, Then the Bottom Lrainings would be presented as checkboxes, and schedUlers can choose, I'lien click okay, and dal.aba�A� would create thes(,� individual training record��."', NoTE.: The bottom trainings are children of the top trainings - but right now that reladonship does not exist. Client has iniccated that this parent/child relationship does not need to be iMPINTIOnted, MO, M Mandatory Functional Change �,Lart and ond I ime to numlx�r or, hours. 21,K) nti Mandatory Table New'fraining Type'lable 'Vri') 1- Mandatory Screnns -Now Training Type Adrnin Screen A'�'Y j Mandatory Screens Nom Training Wizard _qcre4"M Q-00 Mandatory Fundionai Autonnatic, creation of individual training records $6,600.00 Grand Total Estimate (330.00 hrs): $54,450.00 Note: There may be options in this spec that are not reflected in this total Please hand check items for accurate total Page I of I Nickens, Debby From: Barcia, Ana Sent: Monday, February 09, 2009 2:40 PM To: Nickens, Debby Subject: RE: ANGEL CITY DATA INSURANCE STATUS Hi Debby, Current insurance on file. Ana Barcia From: Nickens, Debby Sent: Monday, February 09, 2009 1:28 PM To: Barcia, Ana Subject: ANGEL CITY DATA INSURANCE STATUS MY. A n a; What is the current status regarding insurancefor this vendor? -q1eA*.1Vk&w Sz. ffdmhz. ffjj11YawAtw&# (323) SN3-NY11. &d. M3 2/9/2009 System Requirements Specification & . Project Contract Client: Vernon Fire Department Project Name: Database Tracking System Date: February 10, 2009 Project Lead: David Knight Client Project Lead: Battalion Chief Andy Guth CONTRACT FOR SOFTWARE DEVELOPMENT This is a contract to develop database and/or web software between Angel City Data, LLC (vendor) and Vernon Fire Dept (client). Project Scope The attached document, VFDO04—Design Spec—v2 �estimate) establishes the functional and structural requirements for designing and building a FileMaker Pro database system (the system) for managing many facets of client's operation. For a full list of all functions comprised by this system, please refer to the aforementioned estimate. Justification The system will provide the tools necessary for increasing productivity, minimizing redundant data entry, and presenting data and reporting capabilities that previously required manual assembly. The system will provide management with tools for verifying accountability and follow through of various staff members. The system will feature several automated routines that previously required manual execution. The system design will also provide extensive scalability, allowing the system to grow considerably without special handling or additional programming. The new system will potentially provide a much higher level of security than current systems and will provide opportunities for future integration with other client systems. Exclusions from Functionality It is understood that no printed documentation will accompany the system. Please note that this can be arranged separately at anytime, subject to hourly charges. Please also note that many verbally discussed or previously documented items will not be included in this initial phase of development but may be added at a later time. Migration of existing data is also excluded from this initial phase but can be done by VFD staff or through vendor (additional charges apply). Security The system will provide specific levels of security as detailed in the estimate. System Platform The system will be designed primarily for both Windows XP, Vista and Mac OS X Operating system use. The FileMaker Pro system will work across the client's existing network. Client will provide an approved environment (computers and network) for running FileMaker Pro software over, Vendor will make recommendations to the client to achieve the above environment. Please note that system will utilize FileMaker Pro version 9.0 or higher and therefore requires that all computers be running compatible operating systems. The Estimate Vendor represents that all requirements stated in the Project Estimate are those that the Client has deemed necessary and complete. Vendor is confident that the estimates provided herein are sound. Therefore, the total estimated amount of 330 hours of work shall not be exceeded without prior written justification and subsequent w.ritten consent by an authorized representative of the Client;, Omissions It is the Client's responsibility to ensure that all requirements are properly documented and accounted for in the Project Estimate. Any errors in or omissions from the signed Project Estimate and Contract are the sole responsibility of the client once the project has begun. Vendor will schedule review calls or meetings with primary client contacts to update progress of project and approvals for necessary processes to move forward. Payment Schedule 30% of the estimated project cost is due and payable upon execution of this agreement and must be received before the project can begin. An additional 50% of the total will be due at the project midpoint. Remaining 20% will be due upon successful delivery and acceptance by client. Any items subject to actual billing ("rough estimate" or "to be determined" or third party software items) will be billed as they occur during normal billing cycles (1't and I 5th of each month). Billing rate for all services is $165/hour. Changes to scope of work Client requested changes to the scope of work set forth in the Project Estimate will be handled by written change orders and are subject to additional charges at $165/hr rate. Each change order will be estimated and approved by client signature prior to being implemented. Client Acceptance Upon installation of the completed work, it is the responsibility of the Client to verify that the work accurately represents what is stated in the Project Estimate and other related documents. Client will be asked to sign a Document of Delivery upon acceptance of the work product. Should there be any issues or discrepancies, the Client must present them in writing to vendor within 30 business days, Vendor agrees to resolve any issues in a timely manner. Client approval of all completed requirements constitutes compliance by Vendor, entitles Vendor to any remaining compensation and removes Vendor from any liability for specifications not listed in any supporting project documentation. Please note that upon system installation and final payment, vendor will provide client with master password to software, and full ownership of the software will be transferred to client to do with it as they see fit. Client will be under no obligation to vendor from that day forward. Technical Support Vendor will provide 90 days free technical support on all systems developed or purchased under this contract. Vendor warrants that the system will function properly and according to specifications stated in the Project Estimate and related documents for a period of 90 days upon completion date of the project so long as the database structure, layouts & scripts remain untouched by the Client's employees or agents (anyone other than Vendor personnel). Any system problems that occur as a result of faulty hardware, 3rd party software conflicts or any deviations from the conditions specified are not covered under this warranty. Example of Work Vendor reserves the right to include the system/database developed for Client in its portfolio as an example of work to potential clients and/or professional trade organizations. Vendor will obtain written client approval of system and database documentation used prior to presenting. Vendor understands the sensitivity of client information and therefore promises to use only sample (mock) data in the portfolio. Limits of Liability Except in the event of gross negligence on the part of the vendor, the vendor shall not be liable towards the Client for any fault or any direct or indirect damage resulting there from, and the Client shall indemnify the Vendor and hold it harmless from and against all claims, including all claims under a warranty, in any of the following cases: -Modifications made to the System or its components by a person other than the Vendor or a person reporting to the Vendor; -Hardware or software modifications or additions made to the computer equipment which affect the proper operation of the System or its components; -The introduction of a computer virus into the computer equipment which affects the proper operation of the System or its components; -The migration of the System and its components to a different hardware or software environment; -The loss of business opportunities or income relating to the operation or failure to operate of the System or its components; and -Unlawful or unauthorized third party hacking into the computer equipment. UNLESS OTHERWISE PROVIDED FOR IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL THE VENDOR (INCLUDING, IF APPLICABLE, ITS SUBSIDIARIES AND PARENT COMPANY, AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EXECUTIVES, EMPLOYEES, ASSOCIATES AND VENDORS) BE HELD LIABLE TOWARDS THE CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS;, OF PROFITS OR OTHER ECONOMIC LOSS (RESULTING FROM A CONTRACTUAL OR EXTRA -CONTRACTUAL FAULT OR FROM NEGLIGENCE), EVEN IF THE VENDOR HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES, AND IT IS POSSIBLE THAT ONE OR MORE OF THE AFOREMENTIONED EXCLUSIONS OR LIMITATIONS WILL NOT APPLY. IT IS ALSO POSSIBLE THAT THE CLIENT MAY HAVE OTHER RIGHTS, WHICH RIGHTS MAY VARY FROM ONE PLACE TO ANOTHER. UNDER NO CIRCUMSTANCES WILL THE VENDOR'S TOTAL LIABILITY TOWARDS THE CLIENT EXCEED THE VALUE OF THE SERVICES RENDERED TO THE CLIENT AND PAID FOR BY IT. THE CLIENT EXPRESSLY RELEASES THE VENDOR FROM ANY LIABILITY EXCEEDING THE SAID LIMIT. Duration The terms and pricing of this Requirements Specification and Project Estimate are deemed time -sensitive and must be executed within 60 days (until 4/10/2009). If this contract is not executed prior to or on this date, this contract and all the terms within are null and void and related pricing and terms are subject to change. Project Estimate VFDO04—Design Spec_v2 & above contract: Agreed to by Vendor: Sign & Date David A. Knight President Angel City Data LLC Agreed to by Client: Sign & Date Name Printed Title