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HomeMy WebLinkAboutRESPONSE - RFP - P1091 PFA FIRE AND EDMS RECORD MGMT SYSTEMA Proposal Prepared for City of Fort Collins & Poudre Fire Authority on November 30, 2007 In response to Proposal Number P1091 High Picmins INFORMATION SYSTEMS 6856 S Havana Street Suite 640 Centennial CO 80112 (303)721-8100 Poudre Fire Authority Requirements Yes/No Comments Partial 10 REQUIREMENTS 1 1 General Description Read and understood The City of Fort Collins on behalf of Poudre Fire Authority (PFA) is soliciting written proposals from qualified companies currently offering a Fire/EMS Records Management System (RMS) 12 Objective Read and Understood The primary objective of this project is to integrate Fire and EMS RMS into a unified modular database system The ideal High Plains is perfectly suited for the Poudre vendor will be a partner involved in all aspects of project Fire Authority project Our sole mission is to design implementation deployment and training PFA wishes provide software for fire and EMS agencies to provide their employees and affiliates a comprehensive fully and PFAs requirements are very typical of our integrated interoperable Fire/EMS Records Management customers Our product architecture is a System herein referred to as the System The functionality of perfect fit for the City s Standard Operating the system shall be in accordance with the specifications and Environment conditions contained within this Request for Proposals Pending the identification of a qualified vendor and the successful acceptance of a proposal from the vendor PFA plans to enter into a contract to purchase the system for licensed use by PFA and Affiliates 1 3 Purpose Yes The FireManager is a dynamic solution taking Use state-of-the-art Fire/EMS Information Management System advantage of relevant new technology to better solutions to help meet Poudre Fire Authority reduce response serve our customers needs times enhance communications give immediate relevant access to data related to public safety and streamline operating procedures 14 Technology Yes The Fire/EMS Records Management System solution described in the proposal should be based on mature technology that is installed and in use in like agencies in the United States The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal Firms submitting proposals shall submit five (5) copies of the proposal with the following information a Company history and experience in providing RMS solutions as described in the scope of work See 2 3 Qualifications b The name of the company representatives responsible for answering questions about the firm s proposal products capabilities etc c References from five or more organizations which have used your company for similar products and services within the last two years See 2 3 Qualifications d A written description of the proposed products and services as described in this request for proposal (RFP) In order to facilitate evaluations proposals should be arranged in the same order as presented in this RFP e Pricing as requested The proposal must be signed by a duly authorized representative of the firm submitting the proposal The signature shall include the title of the individual signing the proposal Proposal Timeline* Solicitation released October 26 2007 Vendor questions due November 14 2007 (Questions and requests for clarification must be submitted via email to ihumeftfcoov coml Addendum issued November 26 2007 (Addendum will address vendor queries) Opening date December 3 2007 Evaluations complete Between December 3 and December 14 2007 Interviews (if needed) After January 15 2008 * All dates subject to change 20 ADMINISTRATIVE GUIDANCE Read and understood Any information provided herein is intended to assist the Vendor in the preparation of proposals necessary to properly respond to this RFP Firms are at liberty to propose a System with additional capabilities or other features designed to enhance functionality 22 Proprietary Information Read and understood Poudre Fire Authority is subject to public information laws which permit access to most records and documents Proprietary information in your response must be clearly identified and will be protected to the extent legally permissible Proposals may not be marked Proprietary in their entirety Information considered proprietary is limited to material treated as confidential in the normal conduct of business trade secrets discount information and individual product or service pricing Summary price information may not be designated as proprietary as such information may be carried forward into other public documents All provisions of any contract resulting from this request for proposal will be public information Qualifications Yes High Plains was established in 1985 and has focused on Records Management for fire The successful vendor shall have a minimum of five years departments and emergency service experience providing RMS solutions and support to Fire and/or organizations ever since We are NEMSIS EMS agencies They must have a proven track record with Gold and NFIRS 5 0 compliant The software combined Fire/EMS agencies and State level reporting and at was designed to be HIPPA compliant however minimum be HIPAA NEMSIS and NFIRS compliant is subject to proper set up by the agency Demographics Read and understood District Population 182 873 This demographic model is a perfect fit for our Area 235 Sq miles solution Fire Stations 13 EMS Services 4 Vendor Location Yes High Plains based in Centennial Colorado Systems maintained or supported outside the United States will meets this requirement not be considered 251 Going Concern Yes High Plains has over 20 years of experience in The Vendor of the System proposed shall have in operation for RMS we have many different CAD interfaces operational at various customer sites High a period of not less than 5 years a records management Plains Information Systems has no history of system which is fully interfaced with divergent CAD systems litigation under its current or any former name and is multi operating system compatible The System bid must No litigation is pending use the same platform as the system which currently installed and has been in operation for a minimum of 5 years The Vendor shall disclose any pending or anticipated litigation between the Vendor and any other party or parties that might affect this contract The Vendor shall have a minimum of five (5) records management systems installed and in current use by governmental agencies within the United States The five systems are not required to meet the specific Fire / EMS requirements of this RFP However the systems must utilize the same platform as the one being bid 252 Sub -contracts Yes High Plains will perform all required work without any outside or third party vendors The PFA and Affiliates will not consider a System from a Vendor who proposes to outsource or sub -contract any System software or installation processes Vendor must provide warranty and technical support for all proposed System components Third party arrangements are not acceptable 26 Acceptance Read and understood The Project Manager must accept each phase of the project and provide final acceptance of the entire project before payments for each particular phase or final payment for an entire project shall be made Acceptance shall mean approval in writing of the completed installation and implementation of a project phase or of an entire project after allowing what the Project Manager deems to be sufficient operating time in a production environment to allow the Project Manager to determine that such installation and implementation complies with the Scope of Work and/or any Specifications relevant to the project 261 Performance tests and requirements Yes Verification of all requirements can be validated through currently installed client sites The vendor must provide third party certification verifying that A variety of contacts are included in our the System shall at the time of order conform to the minimum references requirements of the latest standards covering Systems of this High Plains is recognized as a NEMSIS Gold type This shall include federal state and local requirements vendor and is NFIRS 5 0 compliant The Vendor shall submit certifications that the System being supplied to the PFA and Affiliates is in compliance with the following requirements Disparate CAD and RMS Interoperabtlity Multi Operating System Functionality Dynamic Deployment Dynamic Conversion of Standardized Databases 27 Licenses Yes High Plains is located in and licensed to do business in the State of Colorado All Bidders must be licensed to do business in the State of Colorado 28 Change Orders Read and understood Change orders shall be approved by the PFA Project Manager or designate Such change orders must be in writing and contain the following minimum information Date of change request Change description Cost of original specification Cost of new specification Net financial change effect Agency s Authorized Name Agency s Authorized Signature Change orders are required for any and all changes taking place once a Contract has been accepted in writing by both parties The PFA and Affiliates cannot be held liable for incomplete verbal or change orders approved by anyone other than the Agency s authorized agent and The following are definitions to be used in this RFP Affiliates Any other public agencies established and maintained as a duly recognized public safety agency in the state of Colorado API Application Programming Interface Bug Any failure of the System caused by errors in the Source Code CAD Computer Aided Dispatching Contract The Contract shall mean the agreement between the successful Vendor and the Poudre Fire Authority Data Conversion The creation of a common format for importing and exporting the data required for this program to function in all its elements To include yet not limited to the conversion of current Agency data and future dynamic conversion of applicable data from multiple sources which meet current industry standards Deliverables System delivered pursuant to this RFP the selected Vendor's Proposal and as negotiated by and agreed to by both parties Dynamic Deployment The ability to remotely upgrade client software while the system is running without inhibiting operational use of the System by other clients Error Any failure of the System to operate in material conformity with the Specifications agreed to by PFA and the selected Vendor Fire/EMS Records Management System or System The software and hardware that is the subject of this RFP Hardware Computer and network equipment peripheral System devices and voice/data communication systems used during System operation Implementation Includes completion of System design setup customization conversion testing training deployment and other services necessary to configure the software to meet the functional requirements agreed to by PFA and the selected Vendor Project Manager PFA will specify a Project Manager to be the Authority s representative in all matters pertaining to implementation of the selected RMS Other personnel may be designated by the Project Manager to act for PFA on portions of the Project Records Management System RMS Services Professional services including warranty maintenance updates and upgrades provided by the Vendor Software Various kinds of programs used to operate computers and related devices Source Code Software elements written in programming languages including all comments and procedural code such as job control language statements in a form intelligible to trained programmers and capable of being translated into object code for operation on computer equipment through assembly or compiling and accompanied by System Documentation including flow charts schematics statements of principles of operations and architecture standards describing the data flows data structures and control logic of the System in sufficient detail to enable a trained programmer through study of such System Documentation to maintain and/or modify the System without undue experimentation Specifications The requirements set forth in this RFP System Documentation Means all user guides operating manuals educational materials product descriptions and specifications technical manuals supporting materials and other information provided by the successful Vendor relating to the System whether distributed in print magnetic electronic or video format Unauthorized Code Any Virus Trojan horse worm or other Software routines or equipment components designed to permit unauthorized access to disable erase or otherwise harm the software equipment or data or to perform any other actions Vendor A qualified and interested firm that can provide the specified System and submits a proposal to the PFA 40 SCOPE OF WORK Project Detail RMS Requirements The successful RMS proposal will maximize Fire EMS and Administrative staff efficiency streamline processes and in the process reduce response times and frustration Global System Specifications Yes 1 Ability to email forms and reports Yes 2 Ability to print forms and reports Yes 3 Ability to FAX forms and reports Yes 4 Extensive help functionality Yes 5 Spell check and Thesaurus Partial Spell check including a medical lexicon is included Further enhancements are planned to this area in the future 6 Alpha -numeric paging capability Yes Included in quote 7 Ability to create agency specific fields and Yes values for local reporting needs in any module 8 Staff Daily Roster Yes Hardware Read and understood Server hardware will be provided by PFA and meet the requirements of the selected vendor The System server and its equipment shall be installed at the Poudre Fire Authority Administration Offices located at 102 Remington Street Fort Collins CO 80524 413 Database Specifications Read and understood Microsoft SQL Server 2005 or newer provided by PFA 414 Operating Systems Server Microsoft Windows server 2003 provided by PFA Read and understood Workstations Microsoft Windows 2000 XP and Vista Yes Read and understood provided by PFA Microsoft Windows XP is the preferred operating system 415 Network Protocol Yes TCP/IP 416 System Administration / Security and module access Yes Security can be handled by Windows pass through or a separate log in process for machines which use a global I in print email or FAX Application security via application Yes usemame and password Windows active directory domain logon pass through Yes authentication Ability to define individual users Yes Ability to place individual users into user groups (no less than Yes 15 user groups) Ability to integrate with active directory for user/group Yes information including phone numbers email addresses departments supervisors etc Ability to limit group level access in specific windows or views Yes of each module to no access read only access read and write access HIPPA compliant with appropriate staff and administrative level Yes security 417 Data Conversion Our current database is NFIRS 5 0 Yes Data conversion is billed at $125 00 per hour compliant and resides on a Microsoft SQL 2000 database PFA as listed in the quote would like to move our existing data to the new database The existing database contains approximately 6 1/2 years of data or approx 2GB 418 Applications The following standard fully integrated modules are required Additionally modules must be capable of field data collection using portable devices that may not have server database connectivity but can later be synchronized with the server database and linked to the appropriate record via incident number Fire Incident Reporting (NFIRS 5 0 compliant) NFIRS plus one capability for local reporting needs Yes Fire investigation reports Yes Unit and assigned personnel associated with each incident with Yes individual unit times recorded Real -Time interface with our current CAD system (Tiburon CAD Yes 2000) to populate like Geld data to include Incident number Alarm date Alarm time Incident dispatch date Incident dispatch time Incident an route date (first unit an route) Incident an route time (first unit an route) Incident arrival date (first unit on scene) Incident arrival time (first unit on scene) At patient date (if applicable) At patient time (if applicable) Fire controlled date (if applicable) Fire controlled time (if applicable) Transport to facility date (if applicable) Transport to facility time (if applicable) Arrival at facility date (if applicable) Arrival at facility time (if applicable) Incident clear date last unit to clear scene Incident clear time (last unit to clear scene) Unit ID and associated En route dates and times for each unit Unit ID and associated Arrival dates and times for each unit Unit ID and associated Available dates and times for each unit Complete call or incident information provided by CAD vendor including House or business number (if appropriate) Street prefix (if any) Street Name Street Name suffix (if any) City State Zip -code Street intersection (if appropriate) Map Coordinate Fire Zone Latitude and Longitude CAD incident type Priority Response flag (Code 3) Station Area Initial dispatch text information Ability to translate final CAD call type to closest NFIRS 5 0 call type and place into incident type field 419 EMS Patient Care Reporting Ability to report on NEMSIS 2 2 1 data points for export Yes Compliant with the State of Colorado s Data collection program Partial Currently the system is set for a process to for automated daily reporting validate and error check prior to upload This is not currently a completely automated process It may be done at any interval the customer determines Basic Life Support (BLS) reporting Yes Advanced Life Support (ALS) reporting Yes HIPPA compliant with appropriate staff and administrative level Yes security Billing module Partial High Plains can integrate with billing services however does not have an integrated billing module Ability to store and view patient care protocols Yes Audit flags — must be able to set our own criteria for audits and Yes alerts for missing data Forms- Refusal and consent forms with the ability to capture Yes Forms are created by customer any number of hand written electronic signatures forms can be created and up to 5 signatures can be collected r form Auto narrative generator Yes A fully user definable narrative template generator is included Ability to use or create custom fields and values for ad hoc Yes A powerful query by forms feature is included studies Business Occupancies / Inspections 1 Ability to incorporate 2006 IFC and local amendments Yes The FireManager is code independent and can be set up to meet the user's needs and requirements 2 Able to track business inspections from assignment to Yes compliance 3 Ability to track PFA benchmarks to include Yes a) Inspection Numbers b) Inspections/ 1000 population c) Hazards/ Inspection d Annual Inspection Tracking 4 Final Notice Tracking No Currently this is a feature for future development 5 Code Violation Tracking by Code Violation Number Yes 6 Ability to perform mobile field field based Inspections No This is currently in development and will be on Tablet PC or Windows Mobile Devices delivered in 2008 7 Ability to issue paper based or electronic inspection Yes documents to customers 8 Sprinkler Confidence Testing program Ability Partial There is currently no billing linked to a) Links to Quick Books for Billing confidence testing b) Ability to coordinate with General Safety Inspection for prevention of duplication of effort 421 Permit Tracking and inspection Yes 1 Ability to Track Permit and Permit Based inspection Yes throw h final insDections and sign -oft 2 Ability to transfer permit information to Business Occupancies once Projects are completed 422 International Fire Code Section 105 compliant No permitting 423 Automated Web Based International Fire Code Chapter Partial Tier II inventories are currently supported 27 Section 105 and Tier II reporting 424 Use and Construction Permits and licenses Yes Ability to track Use and License Permits 425 Code violation and citation tracking Partial Violations are currently tracked Citations are Ability to track citations and record violation histories for not directly tracked however can be stored as individuals attachments 426 Fire Pre -Plan module with Graphic Design Interface Yes Any graphic design program can be used and stored within our preplan Each computer must have a viewer which will allow the file to be opened 427 Training Records Yes 428 Personnel Module (Integrated with Incident Training Yes and Inspection modules 1 Certification tracking and notification Yes 2 Firefighter injury and exposure tracking (incident and Partial Currently only firefighter casualty reports are not incident related) available to be used on incident related injuries A call can be generated to then track the injury or exposure in this manner I Table of Contents 11. a. Company History 12. b. Company Representatives 3. c. References A d. Written Description 5. Exhibit "A" Statement of Work 16. Exhibit "B" Implementation Schedule 7. Exhibit "C" Pricing Quotation 8. Exhibit "D" Sample Contract Agreement 9. Exhibit "E" Training Sample 429 Asset tracking maintenance Partial Currently certain assets may be tracked however no maintenance schedule is included this is a scheduled upgrade for a future release 430 Apparatus and Equipment 1 Inventory No 2 Depreciation No 3 Maintenance schedule and tracking No 4 Fuel No 5 ODeratina cost calculator No 431 Interfaces 1 GIS Geographical Information System Yes 2 CAD Computer Aided Dispatch Yes 3 MDC Mobile Data Computer Yes 4 Scan & OCR Generator No 5 Master file conversion to reporting system format Ignored Per addendum 6 Import / Export Yes 432 Administrative Access 1 Budget development system Ignored Per addendum 2 Payroll Functionality (Yes) Ignored High Plains has a complete integrated payroll system Per the addendum this is being ignored and not described further 3 Fee Billing Programming No 5 Automated billing No We offer an interface to some EMS billing packages No direct bil ing is supported 6 Fax and Email Capable Yes 7 Microsoft Outlook Calendaring Capable Yes 8 Interactive Staff Scheduler with Multiple Input / Output Methods Yes 9 Automated / Agency Defined Administrative Notification System Yes 10 Voice Generated Phone Pager Email Text Message Notification Output with a Notification Hierarch No 11 Internal email No SMTP Email integration is supported however integrated email is not included 12 Form generator Yes 13 Report Writer Yes 14 Activity Tracking Yes 15 Digital Imaging Yes 16 Personnel System Yes 17 Health Records 18 Personnel Exposure Records Yes 4 33 General Performance Capabilities 1 Pull Down Menus Yes 2 Non Redundant Data entry Yes 3 Quick Incident Browse and Recall Yes 4 Customizable with Agency Specific Master Files Yes 5 Pop-up windows for NFIRS 5 0 and NEMSYS EMS Required Fields Yes Closed call error checking configured by the a enc is included 6 Log in -out Tracking Yes 7 Unique User Login and Password Yes In the mobile environment pin numbers replace individual log in and out to ensure efficient 8 Network Data Retrieval Yes 434 Software Maintenance and Support Due to the critical nature of incident records management the Vendor must propose a plan that addresses its ability to be prepared and able to provide either on -site or remote service within 24 hours of being notified during normal business hours The Vendor shall offer a maintenance service plan that includes 1 Normal Maintenance - for problems that do not affect Yes the overall performance of the System but still require attention The Vendor shall provide its response times to the PFA IT department under Normal Maintenance Maximum response time is not to exceed two business days from the time the complaint is received 2 Critical Maintenance - for problems that jeopardize or Yes All required support is 2417 and is included in degrade any part of the System The Vendors maximum the support contract response is 24 hours not including weekends and holidays The areas covered under Critical Maintenance include but are not limited to a) The ability for the end user to connect to the Records Management System via MDC s and workstation display terminals the ability for the end user to display the records management system database and successfully process incidents b) The Vendor shall be responsible for scheduling and coordinating work and resolving the problem or providing a work around option within the maximum response time c) The Vendor shall also be responsible for providing PFA with methods of contacting the Vendor d) The Vendor shall provide PFA with software maintenance and upgrade options Yes 435 Disaster Recovery and Backup 1 PFA will be responsible for the additional implementation (reuse) or purchase of all software and hardware required for the backup and recovery of the System PFA will be responsible for the compatibility of the hardware The Vendor shall define any additional or special equipment or software needed to successfully backup and recover the proposed system 2 PFA requires the Vendor to provide instruction for the Yes backup and recovery of the System to enable PFA to recover from a database or hardware failure within 12 hours or less using Symantec Backup Exec version 11d PFA requires the Vendor to work side by side with PFA technical resource(s) while performing these Installations configurations and testing to provide knowledge transfer to the PFA for future installations that the PFA may be required to perform 3 The Vendor will provide sufficient System Yes Documentation describing the Systems operation (and/or architecture operating system dependencies) and procedure to perform a successful backup and recovery of both the application and related database(s) PFA and Vendor will jointly sign -off that the objective was met and that System Documentation is complete 44 Warranty No Normal support outlined in the quote covers The successful Vendor shall provide a minimum ONE (1) year any and all upgrades and additional support as performance and upgrade warranty on the entire system which necessary covers defective programming program improvements provided Vendor supplied hardware the improper choice of development configuration improper design or engineering and or poor or improper workmanship or quality control techniques This warranty shall cover the complete System as provided by the Vendor and shall include any and all costs for labor and parts or materials that are required to correct any and all deficiencies It is not the intent of this requirement that routine hardware preventative maintenance items or non - Vendor supplied hardware be covered A sample of this warranty shall be submitted with the Vendors proposal The Vendor must supply copies of all other warranties and or licenses applicable to this System The Vendor shall submit with the bid proposal the vendor's warranties as described above Warranties shall begin at the acceptance of the System by the PFA Bid proposals failing to meet this requirement will not be accepted 441 Warranty Service Response Yes The successful Vendor must have an authorized support center staffed with technicians certified in the system being bid The center must be accessible during normal business hours (8 A M— 5 P M M-F Mountain Time) to respond to a verbal or written notification that warranty support and or support work is required Arrangements for service must be made within (1) hour with notification to the hosting agency being made by E- mail or faxed letter with a statement of intent to show where and when the warranty support shall be accomplished Additional warranty or logistical services that the Vendor might provide above and beyond the requirements of these Specifications shall also be listed They may be used as an additional basis for a contract award 45 Current Release and Functionality Yes All Systems furnished shall be guaranteed to be new and of current release meet all relevant standards conforming to current programming National State and local regulatory requirements The System shall be to the best of the Bidders knowledge free of defects and suitable for the use intended and the requirements of this Specification and be in an operable condition at the time of delivery No programming or attachment shall be substituted or applied contrary to the Developer's recommendations and standard practices Security measures will be provided in accordance with the information technology industry s best practices The major components of the security plan will include details concerning the security architecture which includes the Network Platform Physical and Process 46 Installation Yes Installation must be by the Vendor's employee(s) The installation must be completed without interrupting the Agency operations or the operations at the hosting location 47 Training Programs Yes The successful Vendor's authorized training associate shall provide a minimum of five days operational training at the following location 3400 West Vine Fort Collins CO 80521 A sample training program must be included with each firm s proposal The program shall include at a minimum training in all aspects of System input data retrieval maintenance operation back-up and security The training must provide PFA personnel with a thorough understanding of System operation and adequately prepare them to present the training to others stem users 50 EVALUATION OF PROPOSALS 51 Evaluation and Assessment of Proposal Read and understood Review of scoring criteria complete An evaluation committee shall rank the interested firms based on their written proposals using the ranking system set forth in the table below Vendor proposals shall be scored as follows The rating scale shall be from 1 to 5 with 1 being a poor rating 3 an average rating and 5 an outstanding rating Recommended weighing factors for the criteria are listed adjacent to the qualification PFA may select a vendor based on written proposals or highly rated vendors may be required to participate in an oral interview and demonstration process Such interviews and demonstrations shall be ranked according to applicable criteria contained in the table below Scoring shall be the same as for written proposals 52 Reference Evaluation (Top -ranked firms) Read and understood The Project Managers will check references using the following criteria The evaluation rankings will be labeled Satisfactory / Unsatisfactory 53 Qualification and Standard Read and understood a Overall Performance Would you hire this company again b Timetable - Was the original Project completed within the specified time? Were interim deadlines met in a timely manner? c Completeness Was the company responsive to client needs did the company anticipate problems? Were problems solved quickly and effectively? d Budget - Was the original Project completed within budget? e Job Knowledge - Did company personnel exhibit the knowledge and skills necessary for the efficient completion of the Project 60 Proposal Acceptance and Pricing Read and understood Prices Prices shall be quoted FOB Fort Collins Colorado and must be valid for 120 days from the RFP opening Project Timeline and Payments Read and understood Payment 30% upon execution of agreement Payment 60% split equally between incremental Project phases as negotiated and agreed to by both parties and payable within 30 days after acceptance of such incremental phase Payment 10% within 30 days after Final Acceptance of the completed project • High Plains is acknowledging the receipt of the addendum and has reviewed it ExHIsrT "a" Statement of Work Exhibit SOW Statement of Work Sample Only The FlreManager November 30, 2007 High Plains Information Systems Table of Contents 1 Statement of Work 2 Project Objectives 3 Definition of Terms 4 HPIS Responsibilities 5 COL Responsibilities 6 Solution Components 6 1 Software Licensing 6 2 Interface/Integration 6 3 Installation and Configuration 6 4 License of Software 6 5 No Resale of Software 6 6 Annual Maintenance & Support Plan/Scope 6 7 Source Code In Escrow 6 8 Software Warranties 6 9 Indemnification for Patent and Copyright Infringement 6 10 Limitation on Warranty/Copyright Infringement Indemnification 6 11 Remedies for Patent/Copyright Infringements 6 12 Documentation 6 13 Training Service 6 14 Reporting Capabilities 7 Scheduling System Testing Procedures 8 Final Project Acceptance 9 Project Implementation 9 1 Project Timing 9 2 Detailed Project Plan 9 3 Project Team 2 Exhibit A 3 3 3 3 3 5 5 5 5 5 6 6 7 7 7 8 8 8 8 9 12 13 13 13 13 13 1 Statement of Work This Statement of Work describes the work to be performed for The FireManager software a Fire Records Management System (RMS) for the Customer It delineates responsibilities between High Plains Information Systems and the Customer as agreed to by contract 2 Project Objectives To successfully implement The FireManager software s Incident Reporting Life Safety Human Resources Report Manager and Management Tools modules so that the effectiveness and efficiency of the Customers records management and reporting processes are enhanced significantly 3 Definition of Terms Customer Customer CAD Computer Aided Dispatch The City City of IS Information Services Department HPIS/High Plains High Plains Information Systems SOW Statement of Work The FireManager HPIS s Incident Reporting Life Safety Human Resources Report Manager and Management Tools modules 4 HPIS Responsibilities HPIS is responsible for providing all Solution Components listed in Section 6 including but not limited to • Providing installation and configuration of The FireManager software including Incident Reporting Life Safety Human Resources Report Manager and Management Tools modules of The FireManager application • Providing system administrator training on all system wide functions including Life Safety Incident Reporting and Human Resources modules • Providing end user and/or train the trainer training on all system functions including sufficient information and experience to familiarize personnel with system features and operations • Providing and managing a detailed implementation plan including the actual installation testing and training time • Working directly with other incumbent vendors to ensure functionality of data links from outside applications into The FireManager 5 COL Responsibilities CUSTOMER is responsible for Appointing a project implementation team (see Section 9) to work with the HPIS team throughout the implementation Providing a training facility equipped with a PC for each student and course instructor (at most two trainees can share a PC) Working with HPIS in defining the training plan including identifying a list of trainees (future trainers) and their roles and responsibilities Exhibit A • Designating one (1) person properly trained in the use of The FireManager software to serve as CUSTOMER s primary point of contact with HPIS for maintenance services in functional related issues • Conducting product testing and determining product functional acceptance • Ensuring business requirement compliance by HPIS IS is responsible for • Preparing the Database and Application Server that meets HPIS s hardware specifications • Loading MS Windows 2003 Server OS and SQL Server 2000 or SQL Server 2005 licenses on the above servers • Designating one (1) person to serve as IS s primary point of contact with HPIS for maintenance services in technical related issues • Determining product technical acceptance • Ensuring technical requirement compliance by HPIS 4 Exhibit A I s.CQMPANY HISTORY 6 Solution Components Phase I Desktop Application The FireManager implementation will be divided into two (2) phases Phase I is the Desktop Application consisting of the Life Safety Incident Reporting and the Human Resource modules Upon completion and CUSTOMER acceptance of the Incident Reporting module in Phase I the project will transition into Phase 11 the Mobile Application component of the FireManager program Phase II Mobile Application After project acceptance of the Incident Reporting module of the FireManager desktop application CUSTOMER will purchase twenty (20) CF 19 Panasonic Toughbooks equipped with the Mobile FireManager software which will equip all ALS units with EMS field reporting computers and software Associated costs include a one year maintenance fee for the Mobile Application project 6 1 Software Licensing HPIS is to provide fifteen (15) CAL (concurrent application licenses) for each software module including Life Safety Incident Reporting and Human Resources modules In addition HPIS will provide one (1) seat license for each of the twenty (20) anticipated mobile computers Mobile computers are licensed independently and do not affect desktop CAL s 6 2 Interface/Integration As part of The FireManager software acquisition and implementation HPIS will need to ensure functional links between The FireManager and the other incumbent CAD System HPIS s FireManager software needs to import data from the City s current CAD system 6 3Installation and Configuration HPIS is responsible for all server software installation including all interfaces High Plains Information Systems agrees that each of its employees subcontractors consultants and principals/owners involved in the project may at the option and expense of the City be subject to a security check at any time The City retains the option to require the removal from the City s premises of any employee subcontractor employee or other person it deems inappropriate for any reason whatsoever for placement in a public safety environment 6 4 License of Software Grant of License High Plains Information Systems grants to the City a non transferable non exclusive and perpetual license to use the High Plains Information Systems Software and Documentation in connection with the operation of the System free and clear of all liens encumbrances duties and assessments This Agreement is hereby deemed to include all license agreements required to be executed by the City for the System Use This license entitles the City and its Authorized Users to use the High Plains Information Systems Software for its own internal operations Third Party software included in the price of the System is licensed by the City directly from the manufacturer subject to all terms and conditions of the manufacturers license agreement The City may make back up copies in the normal course of system administration The City agrees to reproduce all copyright confidentiality and proprietary notices Exhibit A Ownership High Plains Information Systems warrants and the City acknowledges that High Plains Information Systems and its sub licensors own all proprietary rights including patent copyright trademark trade secret and other proprietary rights in and to the Software and to any corrections bug fixes patches maintenance updates new version releases improvements developments derivations adaptations or other modifications whether made by High Plains Information Systems the City or any third party and such will remain the exclusive property of High Plains Information Systems or its sub licensors whether or not specifically recognized or perfected under the laws of the country where the Software is located The City agrees not to take any action that jeopardizes such proprietary rights or attempt to acquire any rights in Software Term The term of the license for the Software provided shall begin upon the Effective Date of this Agreement and continues until such time as the System ceases to be within the control of Customer or until otherwise terminated in accordance with the provisions of this Agreement Termination of Use Upon termination of the license of any Software granted herein the City shall immediately cease use of the Software and will promptly purge the same from the System all other computer systems any storage locations and any other files then deliver the Software to High Plains Information Systems or its sub licensor along with any other item that contains High Plains Information System s or its sub licensors confidential information and deliver to High Plains Information Systems an affidavit certifying that to the best of the affiant s knowledge the City has complied with these termination provisions 6 5 No Resale of Software Under no circumstances shall any Software (or portion thereof) be resold or transferred without the express prior written permission of High Plains Information Systems Any unapproved resale or transfer by the City of licensed Software shall be deemed a material breach of this Agreement 6 6 Annual Maintenance & Support Plan/Scope First Year Maintenance and Support comes into effect upon project acceptance and remains in effect for 12 months Maintenance & Support fee starting Year 2 and beyond will be due the beginning of each year on the anniversary date (project acceptance) HPIS will provide the following annual support for the CUSTOMER contract ➢ Free Upgrade and On Site Implementation of Software o HPIS will provide Release Notes Installation Instructions/Scripts ➢ All maintenance upgrades o HPIS will provide Release Notes Installation Instructions/Scripts ➢ Telephone/Email/Modem Support — 303 721 8100 o Monday to Friday 8 00 17 00 (MST) Maintenance patches (i a bug fixes) will be released based on the urgency of the fixes Upgrades (minor enhancements or database optimization routines) will be released bi annually Release notes and instructions will be included as part of the release For biannual upgrades HPIS will contact the CUSTOMER s Point of Contact(s) to arrange for COL/CUSTOMER software testing HPIS will provide IS with server and client software for the upgrade which IS will install on a test server and several workstations for internal environment testing Once the upgrade has been approved by the CUSTOMER test group HPIS will install the server software on site at COL IS is responsible for CUSTOMER wide client software installation CUSTOMER users encountering issue(s) with HPIS application will contact the IS HelpDesk first The IS HelpDesk may escalate the issue(s) to the CUSTOMER Point of Contact(s) if unable to reach problem resolution The CUSTOMER Point of Contact(s) will rule out any hardware server issue(s) if possible before calling HPIS s technical support line for assistance 6 Exhibit A Any issue(s) involved Product Failure/Loss of Service and/or Severely Impaired Functionality shall be addressed by HPIS immediately upon receiptand an initial response provided to the City within one business day Once a description of the problem has been given to the vendor the vendor must provide to CUSTOMER an estimate of the length of time for problem resolution Upon receiving a support call HPIS will be given an CUSTOMER Help Desk ticket number that will be provided by CUSTOMER s Point of Contact(s) for reference 6 7 Source Code In Escrow Prior to final acceptance and notwithstanding any other provision of this Agreement upon the City s request and at the HPIS s sole expense HPIS shall provide to a mutually agreeable Escrow Agent the source code to the Software including all new releases updates scripts proprietary utilities and any necessary documentation implementing the System (including but not limited to any Software code source concerning the interface with HPIS s Software) Such escrowed items shall be provided to the City at no additional charge from HPIS in event High Plains Information Systems ceases to do business or is no longer to provide software updates and support HPIS warrants that the Software in escrow shall always be the current version on which the City s System is operating COL will be responsible for any client side fees charged by the Escrow Agent for storage 6 8 Software Warranties General Warranty High Plains Information Systems warrants that (1) the Software provided by it under this Agreement shall perform in accordance with its design specifications and (u) the Services performed by it under this Agreement shall be performed in accordance with the ordinary skill and care which would be executed by those who are knowledgeable trained and experienced in rendering these types of Services at the time such Services are performed and (u) the modules that High Plains Information Systems and the City are working on to bring to an acceptable level of functionality shall be warranted to assure the City of the level of functionality detailed within the Scope of Work 6 9Indemmfication for Patent and Copyright Infringement High Plains Information Systems Warrants that it is the owner of the High Plains Information Systems Software or is otherwise authorized to license the High Plains Information Systems Software and that it owns all the necessary legal right(s) to authorize or license the City to use the System and every Component thereof High Plains Information Systems at its sole expense shall (i) indemnify defend and hold harmless the City from and against any claim suit or proceeding brought against the City alleging that any portion of the High Plains Information Systems Software infringes any United States patent copyright trade secret or proprietary right (an Infringement Claim ) and (u) pay any and all final judgments entered against the City and all reasonable costs and expenses incurred in defending or settling and Infringement Claim or pay any settlement made by High Plains Information Systems on such Infringement Claim However such defense and payments are subject to the following conditions The City must notify High Plains Information Systems in writing of any such claim within thirty (30) days of learning that such a claim might be or is asserted High Plains Information Systems possesses sole control and management of the defense of the claim and any negotiation for its settlement or compromise including but not limited to all decisions bearing on litigation of all parts of the claim and Exhibit A The City reasonably assists High Plains Information Systems in the defense of any such claim High Plains Information Systems agrees to reimburse the City for reasonable costs and expenses including reasonable attorney fees incurred by the City in connection with providing such cooperation If as the result of an Infringement Claim a temporary or final injunction is obtained against the City use of any Component or if in High Plains Information System s opinion the System or any Component thereof is likely to become the subject of an Infringement Claim High Plains Information Systems shall at its sole option and expense procure for the City the right to use such Component(s) or modify or replace the same so that the System in non infringing (provided the City s use of the System is not thereby adversely affected) 6 10 Limitation on Warranty/Copyright Infringement Indemmffcatron High Plains Information Systems will not have any indemnity obligation to the City under any provision of the Indemnification For Patent and Copyright Infringement Section with respect to any claim of patent or copyright infringement which is based upon the following A combination of High Plains Information Systems Software with any other product or program not supplied or approved in advance by High Plains Information Systems A modification of High Plains Information Systems Software or any part thereof by a Party other than High Plains Information Systems and not approved in advance by High Plains Information Systems The failure by the City to install promptly upon receipt a release intended to correct the claimed infringement or The failure by the City to install promptly upon receipt a release intended to correct the claimed infringement or The use of the High Plains Information Systems provided system or any part thereof in any manner for which it was not clearly designed 6 11 Remedies for Patent/Copyright Infringements Should any High Plains Information Systems Software become (or in High Plains Information System s opinion be likely to become) the subject of an infringement claim described above The City agrees to permit High Plains Information Systems at High Plains Information System s option and expense either to (a) procure for the City the right to continue using the infringing product or (b) replace or modify the infringing product to eliminate the infringement while providing functionally equivalent performance High Plains Information Systems shall use all reasonable commercial efforts to remedy such infringement first by option (a) and then (b) 6 12 Documentation In additional to standard electronic copy of documentation HPIS agrees to provide to CUSTOMER at no additional cost the requested number of hard copies for each document mentioned below • Installation Guide — Two copies 6 13 Training Service HPIS will formulate a training plan for implementation across CUSTOMER A finalized training plan will be agreed upon between CUSTOMER and HPIS as part of the final project plan Exhibit A HPIS shall provide system administrator training on all system wide functions including sufficient information and experience to familiarize personnel with system features and operations HPIS shall provide five full days of end user and/or train the trainer training on all system functions including sufficient information and experience to familiarize personnel with system features and operations Training is based on train the trainer model for the Incident Reporting Report Manager and Management Tools module and end user training sessions for the Life Safety and Human Resources modules Life Safety module training for CUSTOMER users will be accomplished on computer terminals in a classroom setting during a half day end user training session Incident Reporting module training will be accomplished on computer terminals in a classroom setting during a 2 day train the trainer session The training will cover users entering Fire and EMS Incident information into a test database of The FireManager General query and reporting functions will also be covered Human Resources module training to CUSTOMER users will be accomplished on computer terminals in a classroom setting during a 2 day end user training session The training will cover all aspects of entering and tracking training and certification information EMS Field Reporting training to CUSTOMER users will be accomplished through a classroom setting with a hands on approach to training Training plans for each module will be formulated by HPIS and will list the topics to be covered and the target audience One training plan per module will be created for each of the five modules (Incident Reporting Life Safety Human Resources Report Manager and Management Tools) in addition to one training plan for system administrator training and one training plan for HelpDesk training for a total of five (5) different training sessions and target groups Each of the training plans will be provided to the CUSTOMER project manager for final approval prior to calendar scheduling of the training sessions 6 14 Reporting Capabilities The FireManager software must have capability to generate reports that include but are not limited to the following information Fire/EMS records/reporting • The RMS must provide a variety of canned reports • The RMS must have the ability for a general user to easily create any report (ad hoc) without using third party reporting programs (i a Crystal Reports) • It must have the ability for administrators to easily and rapidly modify EMS report forms • The RMS must have the ability for administrators to easily and rapidly modify the information contained within drop down boxes combo boxes and other input fields • It should have the ability to print specific portions of a report without printing the entire report • It must have the ability to generate and print public information report for an incident • It must be able to generate standard queries and reports based upon various categories and criteria not just NFIRS codes • It must support entry of NFIRS 5 0 required data and NFIRS plus one type coding (3 character NFIRS code plus 4th character for local use) • It should have the ability for rapid medical data entry via a large touch screen interface • It must have the ability to automatically generate narratives from data entry fields based upon incident type Exhibit A • It must have the ability to enter previously created (administrator and end user created) narrative templates with the ability to prompt the user for information • It should have the ability to record multiple exposures as supplements to original incident It must have the ability for supervisor to review and approve reports • It must have the ability to require supervisor approval for certain incidents based upon incident type • It must be able to enter mutual aid reports and records outside jurisdictional unit(s) ID and involvement • It should have the ability to correlate building/business names with addresses • It must have the ability to chart advanced EMS patient procedures • Must have extensive QA/QI tools • The RMS should provide retrospective report review workflow features • It must have automatic bill calculation • The RMS must be able to establish a benchmark time that defines arrival to patient with the press of a button The system will then use that time as the starting time for procedures vitals etc • It must have the ability to enter information via drop down boxes and combo boxes that have an auto scroll feature for rapid entry (i a Medication input for Metoprolol user types met and the box scrolls to entries that start with Met ) • The RMS must have a medical dictionary • It must include an FDA medication database for easy selection via quick fill or drop down box • It must include a medication allergy database for easy selection via quick fill or drop down box • It must have the ability to populate patient information such as address medical history allergies and medications from previous patient contact reports Fire Prevention records/reporting • The RMS must support any adopted fire code • it should support entry of exact addresses to the apartment level • The RMS must allow unlimited auxiliary contact information for each location (i e landlord name address telephone management company name address telephone etc ) • It must allow recording of occupancy classification • It must allow recording of initial fire department conditions for new business approval • The RMS must have the ability to record type of equipment installed in a location by manufacturer make model and install date • The RMS must have the ability to record unlimited number of special circumstances regarding a location (i a Building Inspection information unique characteristics etc ) • It must allow entry of unlimited number of code violations • It should allow check box style of data entry for violation codes • The RMS must display plain English description for violation codes in addition to code • It must allow designation of inspection responsibility by station area for each address • The RMS must allow scheduling of follow up inspections • The RMS must allow designation of re inspection frequency based on type of business (e g regular inspections are every two years self inspections are every four years fire permits every year) • It must have the ability to create re inspection schedules on a daily weekly monthly or yearly basis • The RMS must have the ability to print out inspection schedules for individual inspectors company all companies in a specific shift or all companies • The RMS must have the ability to generate form letters documenting specific violations with date of scheduled re inspection • It must be able to view online and print out history of prior violations for any address 10 Exhibit A • It must allow inspection records to be viewed online without making any changes to record • The RMS must record the name and identification of the inspector and the date and time for each inspection performed • The RMS should come pre loaded with all violation code tables providing for any copyright laws or regulations • It must support the ability to record results of violation re inspection • It must be able to print out a complete inspection report • The RMS must record name and operator ID of anyone making changes to inspection record • The RMS must support the ability to perform inspections in the field and upload results to main system • It should have the ability to associate a scanned image (i a pre fire plan ) to a location • It should have the ability to build and update mobile pre fire plans based on building information provided • It must have the ability to have occupancy hazard risk assessment Fire Investigation records • The RMS must have the ability to track fire investigations \ • The RMS must allow designation of an incident as a potential arson with ability to record additional fields of associated information Investigation data should include o Investigator name and identification o Police department investigator assigned o Police department case number o The date the case begun o Suspect information (unlimited) including Date of Birth (DOB) o Witness information (unlimited) including DOB o Property owner Including DOB o Evidence taken (unlimited) o Who collected evidence and track the chain of evidence o Characteristics of fire/MO o Cause of fire o Status of case o Narrative • The RMS must allow case status to be updated with ongoing activities and notes • it must have the ability to automatically supplement initial NFIRS report with investigation results • The RMS must support the ability to view and print entire case report • The RMS must support the ability to view and print summary of all investigations in progress Hazardous Materials management The RMS should include a hazardous materials database as part of the FRMS for use in identifying materials contacted and recommended remedial action all of which should be a part of the Pre Fire Plan for an address or location Hazardous material information should include the chemical by name code and category The RMS must allow recording of types and locations of hazardous materials stored at addresses within the jurisdiction The hazardous material information for location should include o Location o Incident number (if any not required) o Date of spill 11 Exhibit A o Type of spill o Chemical spilled (unlimited) Training records/reporting • The RMS must have the ability to track training for all personnel Training data to be tracked would include o Certifications including expiration dates o Continuing education o BLS/ALS courses • The RMS must have the ability to create class codes and class descriptions • It should automatically post a record of attendance into an individuals training record without requiring user re entry • The RMS must have the ability to print a report of total training hours completed by individuals or groups for user defined time intervals (i a month quarter year to date etc ) • The RMS should have the ability to set mandatory number of training hours by category (e g suppression related) • The RMS must have the ability to print report of which individuals have not completed the mandatory training hours certifications • It must be able to view and print individual training record for a specified period of time • It should require certain types of training for individuals based upon job requirements (e g required certifications) • The RMS must have the ability to print list of certificates due to expire within a specified period of time Personnel • The RMS must track all personnel information for Fire Department staff both sworn and civilian Personnel data should include o Promotion/reclassification date o Certifications (cross referenced from Training records) o Certification(s) expiration date o Licenses o License(s) expiration date • The RMS must support the ability to track an unlimited number and type of certifications per person • The RMS must support the ability to record an unlimited number and type of skills per person • The RMS must support the ability to record an unlimited number and type of licenses per person 7 Scheduling System Testing Procedures HPIS s System Testing will proceed in accordance with a testing plan that is jointly defined and approved by the CUSTOMER Protect Manager and the HPIS Project Manager However CUSTOMER may decide to conduct an independent product acceptance testing prior to product acceptance Any bugs/issues encountered during testing phase will be reported to and documented by HPIS Protect Manager HPIS Project Manager will provide a bug resolution status prior to product acceptance 12 Exhibit A A Functional Requirements Checklist will be created by the CUSTOMER project manager for each of the modules being implemented The system shall adhere to the Functional Requirements Checklist prior to signoff for final project acceptance 8 Final Project Acceptance All high/critical bugs reported during testing shall be fixed prior to product acceptance The CUSTOMER and IS project managers will jointly define a project acceptance checklist CUSTOMER /IS project managers will notify HPIS in writing upon successful product testing and acceptance Project acceptance is when Phase I • All high or critical issues are resolved and • All testing plans are completed successfully and • The FireManager (all modules) and its interfaces with CAD and scheduling systems meet both CUSTOMER s functional and technical needs and work error free for sixty (60) days and • The System/interface Checklist is signed off • The Functional Requirements Checklist is signed off Phase II • All high or critical issues are resolved and • All testing plans are completed successfully and • The FireManager EMS Field Reporting module meets CUSTOMER s functional and technical needs and work error free for sixty (60) days and • The System must seamslessly interface with the desktop Incident Reporting module First Year Maintenance and Support (included in total project cost) comes into effect upon project acceptance and remains in effect for 12 months 9 Project Implementation 9 1 Project Timing Project Kick off will take place in December of 2007 9 2 Detailed Project Plan Implementation of the system will proceed in accordance with a project plan that is jointly defined and approved by the CUSTOMER project manager and the HPIS project manager The project plan will be updated as required to ensure all parties are apprised of the latest project status 9 3 Project Team Mark Cheline HPIS Project Manager Email m cheline(a)highpiains com Tel 303 721 8100 Anne Bobkowski Customer Support Manager Email a bobkowskiOhighplains com Tel 303 721 8100 Kasey Feagin VP Product Development Email k feagin EDhighplains com Tel 303 721 8100 Kevin Collier Director of Business Development Email k colliernahioholains com Tel 303 721 8100 13 Exhibit A HPIS Signature Date Customer Signature Date 14 Exhibit A Section 1 5 a Company History High Plains was established in 1985 in Denver by Mark Chelme, a full-time firefighter and paramedic who had extensive experience in the field of software development The company's mission was to develop leading -edge fire department management software The company was established initially as a sole proprietorship under the name High Plains Computer Technologies In 1998, the business was incorporated as High Plains Consulting Corp , and in 2002, the corporation assumed its current name Mr Chelme is and has always been the sole shareholder For the first 16 years of the company's history, the software was based on the UNIX operating system Although the software was very solid, the UNIX user interface was not very common and many users found the software difficult to use This, coupled with the fact that Mr Chelme was a full time firefighter without much time to devote to the company, impeded the growth For many years, High Plains existed to serve a small customer base in Colorado and did not seek to grow In 2000, the decision was made to completely re -engineer the software and develop it for Microsoft Windows using Microsoft's native tools The first module, Life Safety, was released in 2002 The Incident Reporting module came next and was placed to service for the first time in 2003 Finally, an early version of the Human Resources module was completed and released in 2005 Since the initial release of the Windows -based software, High Plains' customer base has grown at a steady pace, and the software is receiving attention from coast to coast Customers are now located from Alaska to Virginia with many points in-between EXHIBIT "B" Implementation Schedule r ID ® Task Name Duration Start Finish Predecessors Sep 2 07 S M T W 1 - - - 2 3 Contract Negotiations 1 day? Tue 914107 Tue 9/4107 4 Final Pricing 1 day? Tue 9/4/07 Tue 914/07 5 Sales Agreement 1 day? Tue 9/4/07 Tue 914107 6 EULA 1 day? Tue 9/4107 Tue 914/07 7 Support Agreement 1 day? Tue 914107 Tue 9/4/07 8 Team Identification 1 days Tue 9/4/07 Tue 9/4/07 9 Statement of Work 1 day? Tue 9/4/07 Tue 914/07 10 Implementation Plan 1 dayl Tue 9/4/07 Tue 914/07 11 12 Server Installation 1 day? Tue 9/4107 Tue 9/4I07 13 Database Server 1 day? Tue 9/4107 Tue 9/4/07 14 Communications Server 1 day? Tue 9/4/07 Tue 9/4/07--- 15 Web Server 1 day? Tue 914/07 Tue 9/4/07 16 Remote Access 1 day2 Tue 9/4/07 Tue 9/4/07 17 System Preferences 1 day? Tue 9/4/07 Tue 9/4/07 18 Form Configuration 1 day? Tue 9/4107 Tue 9/4/07 19 Security 1 day? Tue 914/07 Tue 9/4/07 20 21 Client installation 1 day? Tue 914107 Tue 9/4107 22 Limited (Key Players) 1 day? Tue 9/4107 Tue 9/4/07 23 Complete 1 day? Tue 914/07 Tue 9/4/07 24 25 Klck-Off 1 day? Tue 9/4107 Tue 914107 26 System Administrators 1 day? Tue 9/4/07 Tue 9/4/07 27 EMS/Fire Reporting 1 day? Tue 9/4/07 Tue 9/4/07 28 Life Safely 1 day? Tue 914/07 Tue 9/4/07 29 Human Resources 1 day? Tue 9/4107 Tue 9/4107 30 HR 1 day Tue 9/4/07 Tue 914/07 31 Payroll 1 day Tue 9/4/07 Tue 9l4/07 32 Training/Certificates 1 day' Tue 9/4/07 Tue 9/4/07 33 34 Code Building 1 day? Tue 9/4/07 Tue 914107 35 EMS 1 day? Tue 914107 Tue 914107 36 Mid Point Review 1 day? Tue 9/4/07 Tue 914/07 37 Final Review 1 days Tue 9/4107 Tue 9/4/07 J38 Fire Reporting 1 day? Tue 914/07 Tue 914107 Project Sample Implementation Plan Date Thu 11/29/07 Task „ryie - Milestone ♦ External Tasks Split Summary External Milestone k Progress Project Summary Deadline Page 1 ID $ Task Name Duration Start Finish Predecessors Sep 2 07 S M T W 39 Mid Point Review 1 day? Toe 9/4/07 Tue 914/07 _ ..._ .._, ............�.. 40 Final Rewew 1 day2 Tue 9/4/07 Tue 9/4/07 41 Life Safety t day? Toe 9/4107 Tue 914107 42 Mid Point Review 1 day? Tue 914/07 Tue 9/4/07 43 Final Review 1 day? Tue 9/4/07 Tue 9/4/07 44 Human Resources 1 day? Tue 9/4107 Tue 9/4107 45 Mid Point Review 1 day? Tue 9/4/07 Tue 9/4/07 46 Final Review 1 day? Tue 9/4/07 Tue 9/4/07 47 Training/Certificates 1 day? Tue 914107 Tue 9/4/07 48 Mid Point Review 1 day? Tue 9/4/07 Tue 9/4107 49 Final Review 1 day? Tue 9/4/07 Tue 9/4/07 50 Payroll 1 day? Tue 914/07 Tue 914/07 51 Mid Point Rewew 1 day? Tue 9/4/07 Tue 9/4/07 52 Final Rewew 1 day? Tue 9/4/07 Tue 9/4/07 53 54 Interfaces 1 day? Tue 914/07 Tue 9/4/07 55 CAD > RMS 1 day? Tue 9/4/07 Tue 914/07 56 RMS > CAD 1 day? Tue 9/4/07 Tue 9/4/07 57 Web Services 1 day? Tue 9/4/07 Tue 9/4/07 58 Staffing 1 day? Tue 914/07 Tue 9/4107 59 Telestaff (Simple) 1 day? Tue 9/4/07 Tue 9/4107 60 Telestaff (Complex) 1 day) Tue 9/4/07 Tue 9/4/07 61 EMS Billing 1 day? Tue 9/4107 Tue 914107 62 Ortwus 1 day? Tue 914/07 Tue 9/4/07 63 NEMSIS 1 day? Tue 9/4/07 Tue 9/4/07 64 Custom 1 day? Tue 9/4/07 Tue 9/4/07 65 Faxing 1 day? Tue 9/4/07 Tue 9/4/07 66 Paging 1 day? Tue 9/4/07 Tue 9/4/07 67 68 Mobile Installation 1 day? Tue 9/4107 Tue 9/4107 69 SQL Agent Configuration 1 day? Tue 9/4/07 Tue 9/4/07 70 Software Installation 1 day'? Tue 9/4/07 Tue 914/07 71 72 Training 1 day? Tue 914107 Tue 914/07 73 Incident Reporting 1 day? Tue 914/07 Tue 9/4/07 74 Video 1 day? Tue 9/4/07 Tue 9/4/07 75 Train the Trainer 1 day7 Tue 9/4/07 Tue 9/4/07 76 Train the User 1 day?l Tue 9/4/07 Tue 9/4/07 Protect Sample Implementation Plan Date Thu 11129/07 Task mm mm Milestone ♦ External Tasks Split Summary tillmmmmOmmmmmilill External Milestone a Progress Protect Summary ""` - r Deadline Page 2 ID Task Name Duration Start Finish Predecessors Sep 2 07 S M T w 77 Incident Reviews 1 day? Tue 914/07 Tue 9/4/07 F _ _ 78 Template Building 1 day? Tue 914/07 Tue 9/4107 79 Query and Export 1 day? Tue 9/4/07 Tue 9/4/07 80 Life Safety 1 day? Tue 914107 Tue 914107 81 Bureau Staff 1 day? Tue 914/07 Tue 9/4/07 82 Field Users 1 day? Tue 914/07 Tue 9/4/07 83 Human Resources 1 day? Tue 914107 Tue 914107 84 General & HR Functions 1 day? Tue 914/07 Tue 9/4/07 85 Scheduling/Time Accounting 1 day? Tue 9/4/07 Tue 9/4/07 86 Payroll 1 day? Tue 9/4/07 Tue 9/4/07 87 Training Records 1 day? Tue 9/4107 Tue 9/4/07 88 Certificates 1 day? Tue 914/07 Tue 9/4/07 89 90 Data Conversion 1 day? Tue 914107 Tue 9/4/07 91 Legacy RIMS Data 1 day? Tue 9/4/07 Tue 9/4/07 92 93 Acceptance 1 day? Tue 914107 Tue 914/07 94 Incident Reporting 1 day2 Tue 9/4107 Tue 9/4/07 95 Life Safety 1 day? Tue 9/4/07 Tue 9/4/07 96 Human Resources 1 day? Tue 914/07 Tue 9/4/07 97 Mobile 1 day? Tue 9/4/07 Tue 9/4/07 98 99 Production 1 day? Tue 914/07 Tue 9/4107 100 Incident Reporting 1 day? Tue 9/4/07 Tue 9/4/07 101 Life Safety 1 dayl Tue 9/4107 Tue 9/4107 102 Human Resources 1 day? Tue 9/4/07 Tue 9/4107 103 Mobile 1 day? Tue 9/4107 Tue 9/4/07 Project Sample Implementation Plan Date Thu 11/29/07 Task _ Milestone ♦ External Tasks _ _ ^, Split Summary External Milestone Progress Project Summary Deadline Page 3 r EXMBlT "C" Pricing Quotation Quotation Prepared for Poudre Fire Authority November30 2007 Component Unit Cost Qty Extension Incident Reporting Core Module (15 CALs) $ 29 500 1 $ 29 500 Life Safety Core Module (15 CALs) $ 29 500 1 $ 29 500 Human Resources Core Module (15 CALs) $ 29 500 1 $ 29 500 Integrated Payroll (Requires HR Core) $ 9 500 0 $ Additional CALs (5 pack) $ 5 000 0 $ Fax Integration $ 2 925 0 $ Alphapaging Integration $ 1 895 1 $ 1 895 Mobile Preplan Viewer $ 395 22 $ 8 690 Mobile Incident Reporting $ 1 495 0 $ Mobile Life Safety $ 1 495 0 $ Mobile IR & LS Combined $ 2 195 0 $ Software Subtotal $ 99 085 Database / Server App Installabon $ 1 850 1 $ 1 850 CAD Interface (RMS Side) $ 7 500 1 $ 7 500 Data Conversion (per hour) $ 125 40 $ 5 000 (Estimated') Medtronic Lifepak 12 Interface $ 15 000 0 $ Ortivus EMS Billing Interface $ 2 500 0 $ Services subtotal $ 14350 Support (1st Module) $ 5 900 1 $ 5 900 (Annually) Support (2nd Module) $ 4 720 1 $ 4 720 (Annually) Support (3rd Module) $ 3 540 1 $ 3 540 (Annually) Support (Mobile Preplan Viewer) $ 79 22 $ 1 738 (Annually) Support (Mobile Incident Reporting) $ 299 0 $ (Annually) Support (Mobile Life Safety) $ 299 0 $ (Annually) Support (Mobile IR & LS Combined) $ 439 0 $ (Annually) Annual Support subtotal $ 15 898 Total First Year Cost $ 129 333 This quote does not include hardware infrastructure operating system software SQL Server or any other 3rd party applications Data conversion is ALWAYS billed at the rate of $125/hour for actual time spent Time estimates will be provided but actual time will vary EXHIBIT "D" Sample Contract Agreement (Software license Agreement) (Software Maintenance) r I Contract Agreement November 30 2006 For the Implementation of The Fire Manager Fire Records Management System and Related Services Prepared for Sample Only 1II.i ploinaw i !` celiasl it t7,�j 1x s ri fSl 3 6855 S Havana Street Suite 640 Centennial CO 80112 (303) 721 8100 w hraholams com THIS AGREEMENT (the "Agreement's is made and entered into as of this _ day of 20_, by and between Sample Customer (the' Customer', and High Plains Information Systems, Inc, whose address is 6855 S Havana Street, Suite 640, Centennial, Colorado 80112, a Colorado corporation (' High Plains') WHEREAS, the Customer desires to procure a fire records management system (RMS) that will significantly enhance the effectiveness and efficiency of the records management process, WHEREAS, the Customer desires for High Plains to provide installation configuration and support of The FireManager® RMS, including multiple components, for this purpose, NOW THEREFORE, in consideration of the agreements and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows High Plains shall provide, install and configure the latest and current versions of the following components of The Fire Manager, each component will be identified in the statement of work (SOW) with expectance test plans (ATP) as deliverables under the SOW, there will also be a functional requirements document (FRD) listed as an exhibit to the SOW A Incident Reporting, including 1 NFIRS 5 0 compliant and certified fire reporting 2 Advanced patient care reporting 3 Advanced query and data analysis tools 4 Field data collection software for all report types 5 Integrated faxing module 6 Interface with the existing <Your CAD System> computer aided dispatch (CAD) system 7 Interface with Ortivus EMS billing software 8 Interface with Medtronic Lifepak 12 monitors 9 Other components as detailed in the Statement of Work B Life Safety, including 1 Occupancy Profile Management 2 Fire Code Inspections 3 Pre Fire Planning 4 Construction Project Management 5 Confidence Testing 6 Appointment Scheduling 7 Advanced query and data analysis tools 8 Other components as detailed in the Statement of Work C Human Resource Management, including 1 Employee Profile Management 2 Training scheduling and tracking 3 Employee certificate tracking 4 Work schedule management 5 Time accounting and daily roster management 6 Integrated payroll module 7 Advanced query and data analysis tools 8 Other components as detailed in the Statement of Work D Report Manager, including 1 The current set of pre written reports 2 Crystal Reports runtime 3 Other components as detailed in the Statement of Work E Management Tools, including 1 Security Manager 2 Management Console 3 Code Manager 4 Patient Form Configurator 5 Other components as detailed in the Statement of Work The cost of the project and the schedule of payments are detailed in Schedule A The Customer agrees to make payments in a timely fashion and in accordance with this schedule III Software Installation High Plains shall install, configure and test all components according to the implementation schedule set forth in the Statement of Work IV Data Conversion High Plains shall provide data conversion of historical incident data Data conversion, data imported into High Plains' FireManager application, shall include data extracted from BIO key FireRMS 5 0 More specific information concerning conversion will be set forth in the Statement of Work V Tralmno High Plains shall provide end user and administrative training according to the training schedule set forth in the Statement of Work 3 e. Company Representatives VI Support High Plains shall provide on going software support according the terms and conditions of the separately executed software support agreement, which is attached to this Agreement VII Party Responsibilities High Plains is responsible for providing all Solution Components listed in Section 4 of the Statement of Work (SOW) Customer is responsible for providing all items listed under section 5 of the SOW VIII End -User License Agreement The Customer agrees to abide by all of the terms and conditions of High Plains end user license agreement (EULA) which is attached to this agreement, is packaged with the software installation media, is prominently displayed when the software is installed, and can be viewed from within the software application IX Representations and Warranties High Plains represents and warrants that all services will be performed in compliance with all applicable federal, state or local laws of the United States High Plains warrants that the software and intellectual property furnished to the Customer shall be furnished in good and workmanlike manner, shall be reasonably free of defects, shall be reasonably usable by the staff of the Customer expected to use them on a regular basis, shall be fit for the purposes for which intended, and shall not violate any applicable license agreements X Costs and Attorney's Fees In the event of any dispute regarding the enforcement of any of the terms of the Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney's fees and costs, in addition to all other sums provided by law XI Force Majeure Neither party shall be in default by reason of any failure of its performance under this Agreement if such failure results, whether directly or indirectly, from fire, explosion, strike, freight embargo, act of God, or of the public enemy, war, civil disturbance, act of government, delure or defacto, or any agency or official thereof, labor shortage (other than caused by High Plains response to District duties,) transportation contingencies, unusually severe weather, default of manufacturer or supplier as a subcontractor, quarantine or restriction, epidemic, or catastrophe, lack of timely instructions or essential information from Dealer or otherwise beyond the control of the parties Lrll711r jI •i Failure to exercise any right hereunder shall not constitute or be deemed a waiver or forfeiture of such right In addition, the waiver of any breach of any provision of this Agreement shall not constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof XIII Source Code Escrow High Plains shall hold the most recent source code in escrow and shall, in the event if cessation of business, make such source available to Customer Each party shall bear their associated costs for maintaining the escrow agreement O t•�41M� This Agreement, combined with the attached End User License Agreement and Software Support Agreement, constitutes the entire agreement between the parties and supersedes all previous communications, representations or agreements, either oral or written, with respect to the subject matter hereof, and no representations or statements of any kind made by any representative, which are not stated herein, shall be binding upon the parties No addition to or modification of any provision in this Agreement shall be binding upon either party unless made in writing and signed by both parties If any of the provisions or portions of this Agreement are invalid under an applicable statute or rule of law, they are to that extent to be deemed omitted If a conflict exists between this Agreement and the End User License Agreement, this Agreement shall prevail XIV Headings The section headings are inserted only for reference and do not define, limit or prescribe the scope of this Agreement XV Due Authorizat on The undersigned do hereby warrant that they are fully authorized to execute the terms of this Agreement IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS Agreement to be duly executed effective the day and year first above written Sample Agency By _ Deputy Chief of Administration Date HIGH PLAINS INFORMATION SYSTEMS, INC By Mark L Cheline, President Date Schedule A Project Costs Pricing Schedule Appears Here Schedule of Payments 1/3 of total due at contract signing 1/3 of total due upon acceptance as specified In the Statement of Work 1/3 of total due 90 days after going live with Incident Reporting Module END -USER LICENSE AGREEMENT FOR THE FIREMANAGERTM SOFTWARE IMPORTANT READ CAREFULLY This End User License Agreement ( Agreement) is a legal agreement between you (either an individual or a single entity) and High Plains Information Systems Inc ( High Plains) for The FreManagerT" software product(s) accompanying this Agreement which include(s) computer software and may include online or electronic documentation associated media and printed materials (collectively Software ) By installing copying or otherwise using the Software or any Updates (as defined below) you agree to be bound by the terms of this Agreement If you do not agree to the terms of this Agreement do not install copy or otherwise use the Software In addition by installing copying or otherwise using any updates or other components of the Software that you receive separately as part of the Software ( Updates ) you agree to be bound by any additional license terns that accompany such Updates If you do not agree to the additional license terms that accompany such Updates you may not install copy or otherwise use such Updates LICENSE TO USE SOFTWARE 1 1 General License Grant High Plains grants to you a nonexclusive limited license to install and use one copy of the Software subject to the consent of High Plains to the use of the Software for the number of number of servers workstations mobile devices and users that are specified in a separate authorization certificate provided by High Plains ( Authorized Users ) The Software is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties The Software is licensed not sold 1 2 Documentation/Storage/Network Use This Agreement grants you a personal nonexclusive license to install a copy of the Software on a storage device such as a network server used only to install or run the Software concurrently by the maximum number of Authorized Users as may be designated in a separate authorization certificate provided by High Plains A license for the Software may not be shared or used concurrently by other end users unless you have a license for additional Authorized Users as specified in a separate authorization certificate provided by High Plains You may not distribute the Software including by electronic transfer from one computer to another over a network or otherwise except as necessary for use of the Authorized Users You may increase the number of concurrent Authorized Users only upon payment of an additional license fee and receipt of an authorization certificate for such number of additional Authorized Users UNLESS YOU HOLD AN AUTHORIZATION CERTIFICATE EVIDENCING YOUR LICENSE YOU ARE NOT AUTHORIZED TO INSTALL COPY OR OTHERWISE USE THE SOFTWARE AND ANY SOFTWARE THAT HAS BEEN INSTALLED SHOULD BE REMOVED IMMEDIATELY DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS 21 Limitations on Reverse Engineering Decompilation and Disassembly You may not reverse engineer decompile or disassemble the Software 22 Transfer You may not resell rent lease lend or otherwise transfer for value the Software without the pnor written consent of High Plains 23 Certification of Use You agree that upon request of High Plains you will within 30 days fully document and certify that your use of The FreManager® software at the time of the request is in conformity with valid licenses from High Plains 24 Termination Without prejudice to any other rights High Plains may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement In such event you must destroy all copies of the Software and all of its component parts 3 COPYRIGHT TRADEMARKS All title and intellectual property rights in and to the Software (including but not limited to any forms images photographs animations applets video audio music and text incorporated into the Software) the accompanying printed materials and any copies of the Software are owned by High Plains This Agreement does not grant you any rights in connection with The FireManagerT or other trademarks or service marks of High Plains All rights not expressly granted are reserved by High Plains 4 SUPPORT SERVICES High Plains may provide you with support services related to the Software ( Support Services ) Use of Support Services is governed by policies and programs descnbed in the user manual in online documentation and/or other materials or support agreements provided by High Plains Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terns and conditions of this Agreement 5 UPGRADES If the Software is labeled as an upgrade you must be properly licensed to use a product identified by High Plains as being eligible for the upgrade in order to use the Software You may use the resulting upgraded product only in accordance with the terms of this Agreement MISCELLANEOUS This Agreement is governed by the laws of the State of Colorado 7 LIMITED WARRANTY High Plains warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of receipt of the Software THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE 8 NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW HIGH PLAINS DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE TITLE AND NON INFRINGEMENT WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last so the above limitations may not apply to you To the extent permissible any implied warranties are limited to 90 days 9 CUSTOMER REMEDIES/LIMITATION OF LIABILITY High Plains entire liability and your exclusive remedy shall be at High Plains s option either (a) return of the price paid if any or (b) repair or replacement of the Software TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL HIGH PLAINS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE FAILURE TO PROVIDE SUPPORT SERVICES EVEN IF HIGH PLAINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ANY CASE HIGH PLAINS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U S $5 00 10 HIPAA COMPLIANCE You are responsible for compliance with the Health Insurance Portability and Accountability Act of 1990 (HIPAA) Use of the Software may result in the documentation or dissemination of information in a manner that is not in compliance with the privacy laws and regulations under HIPAA Before using this Software or any associated documents obtained from this Software you should obtain the advice of your attorney regarding compliance with HIPAA laws and regulations in connection with the use of the Software HIGH PLAINS MAKES NO WARRANTY OR REPRESENTATION THAT THE USE OF THE SOFTWARE WILL ENSURE YOUR COMPLIANCE WITH ANY LAWS AND REGULATIONS INCLUDING HIPAA WHETHER CURRENT PROPOSED OR THAT BECOME EFFECTIVE AT ANY FUTURE DATE YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW HIGH PLAINS ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT ARISING OUT OF ANY VIOLATION OR ALLEGED VIOLATION OF ANY LAWS AND REGULATIONS INCLUDING HIPAA AS A RESULT OF YOUR USE OF THE SOFTWARE 11 GOVERNMENT RIGHTS In the case where the United States Government or an agency thereof is the licensee the following additional terms apply Restricted Computer Software as defined in the Rights in Data General clause at Federal Acquisition Regulations 52 227 14 and as applicable RESTRICTED RIGHTS LEGEND Use duplication or disclosure by the U S Government is subject to restrictions as set forth in the appropriate subparagraph of the Rights in Technical Data and Computer Software clause at DFARS 252 227 7013 Annual Technical Support Agreement This Annual Technical Support Agreement (the Agreement ) is entered into effective as of the date set forth below between High Plains Information Systems Inc a Colorado corporation ( High Plains ) and Sample Customer (the Customer) 1 Purpose This Agreement is also entered into in order to specify the rights and duties of High Plains and the Customer with regard to certain support services to be provided by High Plains for the Customer 2 Performance of Duties High Plains agrees to provide the maintenance and support services specified in Schedule A attached to this Agreement with regard to The FireManagerTM software ( Software ) licensed by High Plains to the Customer and such other services in support of the Customer as may mutually be agreed upon by the parties during the term of this Agreement ( services ) This Agreement is expressly subject to the High Plains End User License Agreement (EULA ) 3 Scope of Agreement a Conditions Covered This Agreement covers The FireManagerTM Software identified in the License Agreement This Agreement will also cover Updates and Upgrades furnished to Customer by High Plains under this Agreement b Conditions Not Covered (Q Customer shall inform High Plains in writing of any modifications to The FireManagerTM Software made by Customer or made for Customer by third parties ( Customer Modifications ) High Plains shall not be responsible for maintaining or supporting Customer Modifications or for maintaining portions of The FireManagerTM Software affected by Customer Modifications (u) High Plains shall not be responsible for correcting problems caused by the improper use of The FireManagerTM Software by Customer (up High Plains shall not be responsible for technology developed or owned by third parties (iv) High Plains shall not be responsible for maintaining Customer's hardware including but not limited to telecommunications devices components computers peripheral devices and storage media High Plains will provide customer with reasonable notice if it is determined that changes or improvements to the Customers hardware will be necessary to continue to successfully run the software (v) High Plains shall not be responsible for correcting problems caused by conditions beyond its reasonable control such as environmental and natural disasters strikes acts of war viruses introduced by parties other than High Plains etc 4 Compensation a For the regular services specified in this Agreement and Schedule A attached hereto High Plains will be compensated as specified in Schedule A b Unless otherwise agreed upon in writing special or services excluded from the scope of this Agreement will be accounted for based on time expended of High Plains High Plains will cause time records of its personnel managers employees and agents to be maintained for the purpose of determining such charges Charges for time expended on special matters or for one time services will be at the normally hourly rates charged by High Plains for such personnel performing such services but in no case shall exceed $125 per hour 5 Payment of Compensation The Customer shall pay the cash compensation by check or by wire transfer to such account(s) as may be specified by High Plains for the services on or before 30 days after the date of invoice 10 6 Customer Responsibilities High Plains obligations to Customer under this Agreement are expressly made conditional upon the following a Customer shall at all times be in full compliance with all terms and conditions of the License Agreement b Customer shall at all times ensure that its personnel are properly trained in the operation and use of The FireManagerTM Software Customer will designate up to three (3) persons properly trained in the use of The FireManagerTM Software to serve as Customers primary contact with High Plains for maintenance services Customer shall provide written notice to High Plains giving the name and contact information for such designated persons Customer shall devote such personnel and resources as High Plains reasonably requests as necessary to the successful and timely provision of maintenance services c Customer shall provide High Plains with in person telephone and high bandwidth electronic file access to Customer's equipment software data and personnel as reasonably requested by High Plains to enable High Plains to perform its services under this Agreement Updates, Upgrades and New Versions a Free Updates High Plains will provide a licensed copy of all updates to fix or correct errors in the functionality of the Software which High Plains makes generally available to its customers during the term of this Agreement High Plains will waive the license fee if any generally to customers for such updates Updates will be subject to the terms and conditions of the applicable License Agreement and of this Agreement b Upgrades High Plains will provide a licensed copy of all upgrades to the Software which High Plains makes available to its customers during the term of this Agreement For purposes hereof upgrades shall mean improvements that require a major change in development tools and result in a higher major release number for the software High Plains will charge Customer the license fee if any generally charged to supported customers for an upgrade Upgrades will be subject to the terms and conditions of the End User License Agreement (EULA) and of this Agreement c New Products New products are not provided to Customer under this Agreement 8 Disclaimers HIGH PLAINS DOES NOT GUARANTEE OR WARRANT THE CUSTOMERS USE OF THE FIREMANAGERTM SOFTWARE WILL BE UNINTERRUPTED ERROR FREE OR WILL ALWAYS BE OPERATIONAL WITHOUT DELAY THE SERVICES ARE BEING PROVIDED ON AN AS IS BASIS WITH NO WARRANTIES EXPRESS OR IMPLIED IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT SPECIAL PUNITIVE INCIDENTAL CONSEQUENTIAL DAMAGES LOST PROFITS LOSS OF BUSINESS INFORMATION BUSINESS INTERRUPTIONS OR OTHER SIMILAR DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES BE LIABLE TO CUSTOMER FOR ANY INDIRECT SPECIAL PUNITIVE INCIDENTAL CONSEQUENTIAL DAMAGES LOST PROFITS LOSS OF BUSINESS INFORMATION BUSINESS INTERRUPTION OR OTHER SIMILAR DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF EVEN IF HIGH PLAINS AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF TO THE MAXIMUM EXTENT PERMITTED BY APPICABLE LAW CUSTOMERS SOLE AND EXCLUSIVE REMEDY AGAINST HIGH PLAINS SHALL BE CUSTOMERS RIGHT TO TERMINATE THIS AGREEMENT Without limiting the generality of the foregoing High Plains and its affiliates shall not be liable for any loss or liability caused by computer viruses strikes lockouts fire explosion theft floods riot civil commotion war malicious mischief act of God or any actions or events beyond the control of High Plains Each party to the extent permitted by law and subject to all of the immunities defenses and protections afforded to that party by the Colorado Governmental Immunity Act shall indemnify and hold harmless the other party its officers directors employees and agents from and against any claims including attorneys fees arising out of the negligence of the officers directors employees or agents of the indemnifying party and rising out of the performance of services under this Agreement 11 9 Term of Agreement This Agreement shall have an initial term of one year commencing on the date set forth below This Agreement may be renewed on an annual basis if the parties reach mutual agreement as to the terms and conditions of such renewal The provisions of Sections 3 4 5 8 9 and 10 shall survive the termination of this Agreement 10 Miscellaneous The following additional provisions will apply to this Agreement a This Agreement shall be governed in all respects by the laws of the State of Colorado The Customer hereby irrevocably submits and consents to the non exclusive jurisdiction of the state and federal courts located within the State of Colorado with respect to any action or proceeding arising out of this Agreement b This Agreement in conjunction with the End User License Agreement and the Sales and Installation Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and may not be amended or modified except in writing subscribed to by both parties c Neither party may assign this Agreement without the prior written consent of the other party This Agreement is binding upon and shall inure to the benefit of both parties hereto and their penmtted successors and assigns d If any provision of this Agreement is held to be invalid illegal or unenforceable then such provision shall be enforced or severed to the extent possible without affecting the remainder of this Agreement e Formal notices pertaining to this agreement shall be delivered in person or by United States postal mail to the following parties • High Plains Information Systems 6855 S Havana Street Suite 640 Centennial CO 80112 • Sample Customer f The Parties agree that this Agreement may be enforced in law or in equity for specific performance injunctive or other appropriate relief including damages as may be available to the laws and statutes of the State of Colorado It is specifically understood that be executing this Agreement each Party commits itself to perform pursuant to these terms contained herein and that any breach hereof which results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the Party not in breach hereof g Any material breach of this Agreement constitutes a default under the Agreement and upon discovery of the breach the non defaulting party may terminate the agreement upon providing notice to the defaulting party Such notice must be made in writing giving a minimum 90 days notice Any waiver of a breach shall not constitute waiver of any subsequent breach b The non defaulting Party shall have the right to enforce this Agreement in a court of competent jurisdiction or seek such other equitable relief as may be appropriate including but not limited to temporary restraining orders and injunctions or specific performance i High Plains agrees to carry sufficient business and worker s compensation insurance to cover any actual damages that could result from the breach of this contract Customer shall be named as an additional insured on the policy j Software source code escrow is available from several commercial providers The Customer may elect to participate in the software escrow program at its own expense The cost of these programs are determined by the providers and are not considered part of this agreement Source code will only be released to Customer in the event that High Plains ceases distribution and support of the software 12 Dated effective the _ day of 20 High Plains Information Systems Inc By Title Customer By Title 13 Section 1 5 b Project Lead and Key Personnel Mark Cheline will serve as the project lead He can be contacted at (303) 721-8100 or by email at in chelineghighplains com Mark is the President and CEO of High Plains Information Systems Mark has over 27 years experience as a paramedic and fire officer He attended paramedic school at Swedish Medical Center in Englewood, Colorado, graduating in October of 1978 He is still a certified paramedic in the State of Colorado Mr Chelme founded High Plains in 1985 to address the need for a comprehensive fire and EMS records management system An expert in the UNIX operating system and Unix -based programming languages, Mark built the company and the first several iterations of the product on the strengths of UNIX In September of 2000, he made the decision to migrate all High Plains products to the Microsoft Windows environment, and chose Microsoft SQL Server 2000 and Microsoft Visual Studio as the new preferred platform Mark has successfully completed the Microsoft curricula for the administration of several operating systems, Microsoft Exchange, and training for SQL Server He serves the company as the primary architect of the product and is responsible for the design and construction of the database component of the product Kasey Feagin is the Vice President of Product Development at High Plains Kasey also has extensive experience in the fire and EMS world, and has served as a firefighter, EMT and dispatcher over the course of his career Kasey joined High Plains in 1997 in a customer support capacity, but has since become an expert Visual Basic programmer and is currently our lead developer Kasey has also completed most of the available Microsoft training courses that relate to his field of expertise Anne Bobkowski serves as High Plains' Customer Support Manager Prior to joining High Plains, she worked for South Metro Fire Rescue in their Human Resources department as well as in the Training and EMS divisions Kevin Collier is a twenty-year veteran of the fire and EMS community, and recently retired as an EMS Supervisor to focus his full time attention to our clients needs In his previous capacity, he was the ultimate end -user of our products Kevin joined the High Plains team in April of 2004, and is responsible for sales and marketing Kevin is an expert at using our software from the non -technical, end -user point of view Tlus makes him the perfect choice for training your users Addendum A Section I Services Furnished High Plains Information Systems Inc shall furnish support services for The FireManagerTM Software consisting of the following services 1 Routine Telephone, E mail, Verbal and Internet Support High Plains will provide telephone support email verbal and Internet support during High Plains normal business hours in Colorado Such support will be given (i) to answer routine questions regarding the use of The FireManagerTM Software (u) to assist Customer in identifying and reporting errors in the Software which may need corrections (ui) to assist Customer in identifying and reporting new features and functional improvements that may warrant the development of an update or upgrade and (iv) to provide work around solutions when reasonably available Verbal support refers to such assistance given by High Plains personnel other than by telephone or Internet (i a in person or in writing) Internet support refers to Internet access to Customers equipment and Customer's copy of The FireManagerTM Software by High Plains personnel from High Plains place of business or another remote location High Plains shall strive to answer such calls within 1 hour of receipt 2 Critical Telephone, E mail, Verbal and Internet Support High Plains will provide telephone support email verbal and Internet support after High Plains normal business hours in Colorado Such support will be given (i) in the event that the Customers ability to conduct business is significantly impaired due to a malfunction of The FireManagerTM Software but only after a reasonable attempt has been made by the Customer to trouble shoot and resolve the problem High Plains shall strive to answer such calls within 4 hours of receipt 3 Electronic Support Capability High Plains and Customer will maintain telecommunications facilities enabling high bandwidth electronic file transfer between High Plains and Customer 4 Training During the initial term of this Agreement qualified High Plains personnel will provide training according to the Statement of Work 5 Upgrades and Updates Upgrades and Updates shall be provided as specified in this agreement 6 Server Software Installation High Plains will install and configure one copy of the server based software when upgrades and updates are released Software installation on client machines is the Customers responsibility 14 Addendum B — Illegal Aliens 1 UNLAWFUL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract Contractor shall not knowingly contract with a subcontractor that (a) knowingly employs or contracts with an illegal alien to perform work under this Contract or (b) fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this contract 2 VERIFICATION REGARDING ILLEGAL ALIENS Contractor has verified or attempted to verify through participation in the basic pilot program of the State of Colorado that Contractor does not employ any illegal aliens or Contractor verifies that Contractor has not been accepted into the basic pilot program prior to entering into this Contract Contractor further verifies that if Contractor has not been accepted into the basic pilot program of the State of Colorado Contractor will apply to participate in the basic pilot program of the State of Colorado every three months until Contractor is accepted or this Contract is completed whichever is earlier If the Basic Pilot Program is discontinued this provision shall not be required or be effective 3 LIMITATION REGARDING BASIC PILOT PROGRAM Contractor shall not use Basic Pilot Program procedures to undertake pre employment screening of job applicants while performing this Contract 4 DUTY TO TERMINATE A SUBCONTRACT EXCEPTIONS If Contractor obtains actual knowledge that a subcontractor perfornng work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall 41 Notify the subcontractor and the District within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, and 42 Terminate the subcontract with the subcontractor if within three days of receiving notice that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, the subcontractor does not stop employing or contracting with the illegal alien The contractor shall not terminate the contract with the subcontractor if during the three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien 5 DUTY TO COMPLY WITH STATE INVESTIGATION Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to Section 8 17 5 102(5), C R S 6 DAMAGES FOR BREACH OF CONTRACT In addition to any other legal or equitable remedy, the District may be entitled to for a breach of this Contract, if the District terminates tlus Contract, in whole or in part, due to Contractor s breach of the obligations set forth above Contractor shall be liable for actual and consequential damages to the District 15 PROSPECTIVE CONTRACTOR S CERTIFICATE REGARDING EMPLOYING OR CONTRACTING WITH AN ILLEGAL ALIEN db, iPi (Prospective Contractor) TO Project Name Bid Number District Project Number As a prospective contractor for the above identified bid I (we) do hereby certify that as of the date of tlus certification I (we) do not knowingly employ or contract with an illegal alien and the I (we) have participated in or attempted to participate in the basic pilot program of the State of Colorado in order to verify that I (we) do not employ any illegal aliens Signed on Prospective Contractor By Its Title 200_ (Insert the Individual Corporate or Partnership Certificate as appropriate) IV Exhibit "E" Training Sample M y r c. References r Section 1 5 c References rt Castle Rock Fire and Norris Croom (303) 660-1066 Rescue 300 Perry Street Division Chief ncroom(a-),cr ov com Castle Rock CO 80104 Longmont Fire Department Sharon Lafferty (303) 744-4484 225 Kimbark Street Longmont CO 80501 Sr Programmer/Analyst Sharon Laffertvna ci lommont co us Alexandria Fire Department Jim Burke (703) 838-6445 900 Second Street IT Director James Burke(d ci alexandria va us Alexandria VA 22314 Aurora Fire Department Danny Willcox (303) 326 8970 15151 E Alameda Pkwy Aurora CO 80014 Deputy Chief dwillcox(Mauroraaov ora Montgomery Fire Rescue Alan Miller (334) 241 2976 19 Madison Ave Montgomery AL 36104 Network Engineer amdier0montoomerval gov d. Written Description