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HomeMy WebLinkAboutC-5461(A) - Statement of Work SFEN-9RV6GV for IBM i2COPLINK Data Source Integration Services v Statement of Work SFEN-9RV6GV for IBM i2 COPLINK Data Source Integration Services Prepared for City of Newport Beach The information in this Statement of Work may not be disclosed outside of City of Newport Beach and may not be duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the Statement of Work, provided that, if a contract is awarded to IBM as a result of or in connection with the submission of this Statement of Work, City of Newport Beach will have the right to duplicate, use or disclose the information to the extent provided by the contract. This restriction does not limit the right of City of Newport Beach to use information contained in this Statement of Work if it is obtained from another source without restriction. IBM retains ownership of this Statement of Work. Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RVBGV v2.0.doc Page 1 of 23 1. Overview and Approach IBM is pleased to present this Statement of Work("SOW)for services to integrate the data source listed in the Project Scope section below. 2. IBM Statement of Work This section describes the work to be provided by IBM (the"Services)to City of Newport Beach ("Customer", also called `you" and"your"and"NBPD") under the terms and conditions of the agreement identified in the signature block of this SOW, (the"Agreement"). In addition, your responsibilities are listed. IBM i2 COPLINK Data Migrator("Data Migrator"), an IBM intellectual property asset, is a framework and runtime engine for the migration of data into the COPLINK system. As part of this Statement of Work, IBM will deliver one or more copies of Data Migrator, and licenses the customer to make use of them as part of the larger COPLINK solution specified herein. Changes to this SOW will be processed in accordance with the procedure described in Appendix A-1: Project Change Control Procedure. The investigation and the implementation of changes may result in modifications to the Estimated Schedule, Charges, and other terms of this SOW and/or the Agreement. The following are incorporated in and made part of this SOW: • Appendix A: Project Procedures • Appendix B: Materials • Appendix C: Sample Project Change Request form • Appendix D:Agency Data Source Information Tables • Appendix E: Third Party Hardware and Software To the extent there is any contradiction, inconsistency or ambiguity between the terms of this SOW and the Agreement identified below, this SOW will govern. 2.1 Project Scope Under this project IBM will provide services to integrate the following data source into the existing ILJAOC COPLINK Node: Agency Name Vendor Product Product Data Set Name Name RDBMS Types Newport Beach Police SunGard ONESolution MS SQL RMS/JMS/CAD Department 2008 R2 This Statement of Work (SOW) includes the terms for City of Newport Beach to use IBM i2 COPLINK Data Migrator("Data Migrator"). IBM's estimated charges and schedule are based on performance of the activities listed in the"IBM Responsibilities" section below. Deviations that arise during the project will be managed through the procedure described in Appendix A-1: Project Change Control Procedure, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time-and-materials or fixed-fee basis using IBM's standard rates in effect from time to time for any resulting additional work or waiting time. IBM and you will each comply with applicable export and import laws and regulations, including those of the United States that prohibit or limit export for certain uses or to certain end users, and each party will cooperate with the other by providing all necessary information to the other, as needed for compliance. Each party will provide the other with advance written notice prior to providing the other parry with access to data requiring an export license. 2.1.1 Key Assumptions This SOW and IBM's estimates are based on the following key assumptions. Deviations that arise during the proposed project will be managed through the Project Change Control Procedure, and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and other terms. a. This price is only applicable if the other customer, City of Costa Mesa, signs IBM SOW NKEA- 9QTQYU. Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 2 of 23 b. No COPLINK Data Source Integration Support is included in this and this must be purchased separately by either the agencies or the ILJAOC after the integration project is completed. Any support by the old data systems is not transferrable but credit can be pro-rated and given for those. c. LPR Data will is not included in this estimate and will not be migrated into COPLINK. 2.2 Definitions • "Hosting Agency" means the agency hosting the COPLINK node. • "Contributing Agency" means an organization (e.g. a police department) that contributes a specific Data Source to a COPLINK node. • "Agency" means either the Hosting Agency or any Contributing Agency. An agency can be a Hosting Agency, a Contributing Agency, or both. Most Agencies are law enforcement organizations, but not all. • "COPLINK Node" means the ILJAOC COPLINK Node. • "Data Source" means the Agency's information database to be integrated into the COPLINK node. • "COPLINK Database" is a warehouse in the COPLINK data model, containing the converted data from one or more Contributing Agencies, resulting from the integration and migration services performed by IBM. • "Data Set" is a unit of scope identifying a subset of the information to be migrated from a Data Source to the COPLINK Database. • "Data Verification" means the review with NBPD and the Contributing Agency to present how the Data Source information was mapped into COPLINK and to identify any issues associated with that mapping. • "Data Review" means the review with NBPD and the Contributing Agency to present the resolution of issues identified during Data Verification. • "Refresh Verification" means the verification by NBPD and the Contributing Agency that changes to the Data Source information is reflected within the COPLINK Node. • "Indirectly Contributing Agency" means a smaller law enforcement entity that includes their Data Source information with the Data Source information of a Contributing Agency. 2.3 Facilities and Hours of Coverage IBM will: a. perform the work remotely or at your facility in Newport Beach, CA in order to complete its responsibilities under this SOW. b. provide the Services under this SOW during normal business hours, 8:00 AM to 5:00 PM, MST, Monday through Friday, except holidays. If necessary, you will provide after-hours access to your facilities to IBM personnel. Out-of-town personnel may work hours other than those defined as normal business hours to accommodate their travel schedules. 2.4 IBM Responsibilities Under this SOW, IBM will undertake the following activities: Activity 1 -Project Manaaement IBM will provide project management for the IBM responsibilities in this SOW. The purpose of this activity is to provide technical direction and control of IBM project personnel and to provide a framework for project planning, communications, reporting, procedural and contractual activity. This activity is composed of the following tasks: Planning IBM will: Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 3 of 23 a. review the SOW and the contractual responsibilities of both parties with your Project Manager; b. maintain project communications through your Project Manager; C. coordinate the establishment of the project environment; d. establish documentation and procedural standards for deliverable Materials; e. assist your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities,tasks, assignments, milestones and estimates; and f. review with you the hardware required for the performance of this SOW. Project Tracking and Reporting IBM will: a. review project tasks, schedules, and resources and make changes or additions, as appropriate. Measure and evaluate progress against the project plan with your Project Manager, b. review the IBM standard invoice format and billing procedure to be used on the project,with your Project Manager; C. work with your Project Manager to address and resolve deviations from the project plan, d. conduct regularly scheduled project status meetings; e. administer the Project Change Control Procedure with your Project Manager; and f. coordinate and manage the technical activities of IBM project personnel. Completion Criteria: This is an ongoing activity which will be considered complete at the end of the Services. Deliverable Materials: • Status Reports Activity 2- Project Kickoff The purpose of this activity is to facilitate a high-level project kickoff meeting for NBPD participants for up to two(2) hours at a mutually agreed date and time. Under this activity, IBM will perform Services which include the following tasks: a. Introduce the project participants and Agencies; b. Discuss project team roles and responsibilities, c. Review the Services objectives; d. Provide an overview of the project methodology; e. Provide NBPD with a technical questionnaire/checklist packet to be completed by each Participating Agency, as listed in the table below in Appendix D; f. Review the NBPD environment; Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Sroe Integration SOW SFEN-9RV6GV v2.0.doc Page 4 of 23 g. Develop a preliminary schedule of activities; and h. Initiate the Services. Completion Criteria: This activity will be considered complete when IBM has conducted the project kickoff meeting. Deliverable Materials: • Technical Questionnaire/Checklist • High-level Timeline Activity 3- Intermediate Machine Configuration and Testing The purpose of this activity is to provide and configure certain hardware and software. IBM will: a. Remotely install and configure the SQL server software listed in Appendix E. b. Perform a System Test to validate that the hardware and software is ready for Data Migration. Completion Criteria: This activity will be considered complete when IBM has installed and tested the Intermediary Server, validating that the software installation is complete and that the server is on line and ready for use. Deliverable Materials: • System Test Report confirming Data Migration readiness Activity 4-Provide Data Migrator In this activity, IBM will provide the Data Migrator to NBPD on IBM-designated machines. Licensing terms for Data Migrator are set forth in the Additional Terms and Conditions section entitled, "Intellectual Property Services Components. Delivery Location: IBM will deliver the Data Migrator electronically to the location defined in section 2.3 Facilities and Hours of Coverage. IBM personnel will install and configure Data Migrator on the intermediate machine described in Appendix E; it may not be deployed elsewhere. Open Source Software: Data Migrator may include open source software("OSS'), which is not licensed by IBM. Your use of that OSS in connection with Data Migrator is subject to any and all requirements specified by the licenses of those open source materials. These licenses are detailed in the NOTICES.txt file included with Data Migrator. Completion Criteria: • This activity will be complete when IBM has installed and configured Data Migrator as described above. Deliverable Materials: • None Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 5 of 23 Activity 5- Data Analysis, Mapping, and Conversion The purpose of this activity is to extract information from the Participating Agency Data Sources and migrate and integrate that data to create the COPLINK Database within the COPLINK Node. IBM will: a. Provide NBPD with a data storage device (encrypted USB drives)onto which each Participating Agency may download their Data Source information before returning to IBM. b. Provide an interface to connect to the vendor database on which the Agency Data Source information resides to provide access to such information. c. Transfer each Participating Agency's Data Source information and Data Source database structures from the data storage device to IBM servers. d. Verify and analyze the transferred Agency Data Source information and Data Source database structures. e. Perform limited data cleaning. This data cleaning includes common "cleaning"functions such as standardizing record styles for names, addresses, criminal code and crime types. f. Data Cleaning does not include more intensive data restoration, to correct incomplete or incorrect records in the Data Source, or to standardize name, address or other data included in narrative reports. Intensive data restoration may be undertaken at ISP's request as additional work scope at an additional charge, but will not be included under this SOW. g. Map the Agency Data Source information to the COPLINK Database, including the mapping of Agency data codes to COPLINK Database codes. h. Standardize and consolidate the Agency Data Source information into a Data Set to be stored in the COPLINK Database. I. Migrate the Agency Data Source information, including the Data Set, Document Description, and Entity Description information, as listed in the tables in Appendix D, into the COPLINK Database. Completion Criteria: This activity will be considered complete when IBM has migrated the Agency Data Source information into the COPLINK Database. Deliverable Materials: • None Activity 6- Data Verification and Data Review The purpose of this activity is to validate and correct the Agency Data Source information that has been migrated into the COPLINK Database. IBM will: a. Select a sample set of documents from the Agency Data Source information, as determined by IBM with input from each Participating Agency, to review and validate the conversion of the Agency Data Source information into the COPLINK Database. Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-gRV6GV v2.0.doc Page 6 of 23 b. Conduct, with assistance from NBPD, a side-by-side, field-by-field comparison of the selected sample set of documents, comparing the original documents from the Agency Data Source to those same documents migrated into the COPLINK Database. c. Document any issues found as a"Blocking" issue or a"Non-blocking" issue and provide a tracking number for each issue found. A"Blocking" issue is one that will be resolved or a workaround provided prior to Data Verification. A"Non-blocking" issue is one that does not have to be resolved prior to Data Verification. d. Resolve or provide a workaround for the identified Blocking issues. e. Present the issue resolutions to NBPD and each Contributing Agency. f. Provide Data Verification form to NBPD for sign-off. Completion Criteria: This activity will be considered complete when IBM has provided the Data Verification form to your Project Manager. Deliverable Materials: • Data Verification Farm Activity 7- Data Refresh Verification The purpose of this activity is to validate the issue resolutions and corrections to the COPLINK Database after Data Verification. IBM will: a. Load a subset of the COPLINK Database in a test environment at the COPLINK Node. b. Refresh the subset of COPLINK Database from the validated Agency Data Source information. c. Verify the refresh operation within the COPLINK Database with the Agency representative. d. Address any remaining Non-blocking issues, unless otherwise agreed. e. Provide Data Refresh Verification form to NBPD for sign-off. Completion Criteria: This activity will be considered complete when IBM has provided the Data Refresh Verification form to your Project Manager. Deliverable Materials: • Data Refresh Verification Farm 2.5 Your Responsibilities The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel. The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement, and are to be provided at no charge to IBM. You are required to perform your obligations in the Agreement and this SOW without exception. IBM's performance is predicated upon the following responsibilities being managed and fulfilled by you. Delays in performance of these responsibilities may result in additional cost and/or delay of the completion of the project, and will be handled in accordance with Appendix A-1: Project Change Control Procedure, Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-gRV6GV v2.0.doc Page 7 of 23 2.5.1 Your Project Manager Prior to the start of this project, you will designate a person called your Project Manager who will be the focal point for IBM communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project. Your Project Manager's responsibilities include the following: a. manage your personnel and responsibilities for this project; b. serve as the interface between IBM and all your departments participating in the project; C. administer the Project Change Control Procedure with the IBM Project Manager, d. participate in project status meetings; e. obtain and provide information, data, and decisions within three business days of IBM's request unless you and IBM agree in writing to a different response time; f. resolve deviations from the estimated schedule, which may be caused by you; g. help resolve project issues and escalate issues within your organization, as necessary; h. review with the IBM Project Manager any of your invoice or billing requirements. Such requirements that deviate from IBM's standard invoice format or billing procedures may have an effect on price, and will be managed through the Project Change Control Procedure in Appendix A-1; and i. create, with IBM's assistance, the project plan for the performance of this SOW which will include the activities, tasks, assignments, milestones and estimates. 2.5.2 Your Other Responsibilities You will: a. supply all prerequisite hardware and software to be used during the performance of this SOW. This does not include any hardware or software normally used by IBM consultants in the performance of their day-to-day responsibilities with IBM; b. ensure that your staff is available to provide such assistance as IBM reasonably requires and that IBM is given reasonable access to your senior management, as well as any members of your staff to enable IBM to provide the Services. You will ensure that your staff has the appropriate skills and experience. If any of your staff fails to perform as required, you will make suitable additional or alternative staff available; C. if making available any facilities, software, hardware or other resources, obtain any licenses or approvals related to these resources that may be necessary for IBM and its subcontractors to perform the Services. IBM will be relieved of its obligations that are adversely affected by your failure to promptly obtain such licenses or approvals. You agree to reimburse IBM for any reasonable costs and other amounts, including costs of settlements that IBM may incur from your failure to obtain these licenses or approvals. Notwithstanding the foregoing, in the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys'fees; d. provide all information and materials reasonably required to enable IBM to provide the Services. You agree that all information disclosed or to be disclosed to IBM is and will be true, accurate and not misleading in any material respect. IBM will not be responsible for any loss, damage, delay, or deficiency arising from inaccurate, incomplete, or otherwise defective information or materials supplied by you or your representative; e. if you are employing other suppliers whose work may affect IBM's ability to provide the Services, unless specifically agreed to otherwise in writing, you will be responsible for the management of the third parties and the quality of their input and work. Except to the extent IBM specifically agrees otherwise in this SOW, you are solely responsible for any third party hardware, software or communications equipment used in connection with the Services; f. make final selection of solution and technical architectures; g. be responsible for the identification of, interpretation of, and compliance with, any applicable laws, regulations, and statutes that affect your existing systems, applications, programs, or data to which IBM will have access during the Services, including applicable data privacy, export, import laws and regulations, and product safety and regulatory compliance for non-IBM products including those recommended by IBM. You are solely responsible for obtaining advice of competent legal counsel Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPIINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 8 of 23 as to the identification and interpretation of any relevant laws, rules and regulations that may affect your business and any actions you may need to take to comply with such laws. IBM makes no representations or warranties with respect to product safety or regulatory compliance of non-IBM products; h. allow IBM to cite your company name and the general nature of the Services IBM performed for you to IBM's other customers and prospective customers as an indication of IBM's experience, unless both you and IBM specifically agree otherwise in writing; i. agree that IBM may process the business contact information of your employees and contractors and information about you as a legal entity (contact information) in connection with IBM Products and Services or in furtherance of IBM's business relationship with you. This contact information can be stored, disclosed internally and processed by International Business Machines Corporation and its subsidiaries, Business Partners and subcontractors wherever they do business, solely for the purpose described above provided that these companies comply with applicable data privacy laws related to this processing. Where required by applicable law, you have notified and obtained the consent of the individuals whose contact information may be stored, disclosed internally and processed and will forward their requests to access, update, correct or delete their contact information to IBM who will then comply with those requests; j. be responsible for i) any data and the content of any database you make available to IBM in connection with a Service, ii)the selection and implementation of procedures and controls regarding access, security, encryption, use, and transmission of data, and iii) backup and recovery and integrity of the database and any stored data, including the Intermediate Machine(iBox). This security will also include any procedures necessary to safeguard the integrity and security of software and data used in the Services from access by unauthorized personnel. IBM's responsibilities regarding such data or database, including any confidentiality and security obligations, are governed by the terms of this SOW, including the referenced Agreement and applicable Attachments (which prevails over the terms of any separate confidentiality agreements) and subject to the Limitation of Liability and other terms in the Agreement; and k. assign the following personnel for each Client Agency responsible for making decisions regarding the Agency Data Source information during the project kickoff meeting and the Data Verification and Data Review activities: (1) A command level decision maker (2) A records department administrator (3) A sworn law enforcement officer,who will also be a user of the COPLINK Node. I. protect the Data Migrator from any access not authorized in this SOW and ensure that its use is limited to the services described in this SOW. m. meet the following prerequisites prior to the start of the IBM Services under this SOW: (1) Provide connectivity and remote access, via a VPN or other secure dialup access, to the COPLINK Node to be used by IBM for installation, testing and support purposes, to the extent allowed by NBPD security policy and practices. (2) Provide a data network connection employing TCP/IP between all participating agencies, including the Hosting Agency and those listed in Appendix A. (3) Provide the required floor space, rack space and facilities (including power; lighting; and connectivity)for the hardware to be installed for the Services under this SOW. (4) Provide the hardware and software listed in Appendix E. (5) With the exception of SQL software, install and configure the software required for the Data Migrator, as specified in Appendix E. n. The following responsibilities apply to the Intermediate Machine Configuration and Testing: NBPD will install any hardware required by this project. o. The following responsibilities apply to the Data Analysis, Mapping and Conversion. NBPD will: (1) Prior to the start of the data analysis, mapping and conversion activity, provide the following to IBM for each vendor database product containing the Agency Data Source information: (a) return the completed technical questionnaire/checklist packet from each participating Agency to IBM; Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLI NK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 9 of 23 (b) database backup data (historical load)for the Agency Data Source information database; (c) a second database backup upon request(at least one month after the first historical load is provided); and (d) the Geographic Information System ("GIS")map shape files for geo-coding. (2) If NBPD and/or Contributing Agency cannot meet the responsibilities listed above for an Agency Data Source database within 30 days of the kick off meeting, IBM reserves the right to remove that Agency Data Source database from the Participating Agency table. IBM will bill for all work completed up to the most recently stamped milestone. (3) Ensure that all Agency Data Source databases are using a currently supported version of the database and that all Agency Data Source databases are kept current with support and maintenance. Unsupported or down-level Agency Data Source database will not be included in the data analysis, mapping and conversion activity under this SOW. (4) Either(i) copy the Data Source information to an encrypted data storage device provided by IBM and ship the data storage device to IBM, or(ii)send a copy of the Data Source information to IBM via SFTP (Secure FTP). p. The following responsibilities apply to the Data Verification and Data Review. NBPD will: (1) Assist IBM as required with the side-by-side, field-by-field comparison of the selected sample set of documents, comparing the original documents from the Agency Data Source to those same documents migrated into the COPLINK Database. (2) Make staff available for the data verification and review sessions within 48 hours of completion of the migration activity. IBM will have the right to invoice for this step and continue with the remainder of the project, if the resources are not made available within the time frame specified. (3) Provide the completed, signed Data Verification form to IBM. q. The following responsibilities apply to the Data Refresh Verification. NBPD will: (1) Assist IBM as required with the data refresh activity. (2) Provide the completed, signed Data Refresh Verification form to IBM. r. Acknowledge that: (1) IBM reserves the right to subcontract services to technically qualified Consultants. (2) Some or all data sources may require purchasing tools or interfaces from the Vendor of the product. NBPD is responsible for purchasing those if necessary and for any fees the Vendor may charge. S. if IBM requires access to your production systems, provide the required hardware(either an assigned desktop or laptop system)for such access. Any hardware provided for this access will be secured at your location when not in use by IBM. 2.6 Deliverable Materials IBM will provide you with the tangible items listed in Appendix B, if any, which will be provided as Type II Materials. 2.7 Completion Criteria IBM will have fulfilled its obligations under this SOW when one of the following first occurs: a. IBM accomplishes the activities set forth in the"IBM Responsibilities"section and delivers to you the Materials listed, if any; or b. You or IBM terminates the project in accordance with the provisions of this SOW and the Agreement. 2.8 Estimated Schedule The Services will be provided between a start date to be determined by both parties and currently estimated to be June 1, 2015 ("Start Date'), and an estimated end date of October 31, 2015 ("End Date") or on other dates mutually agreed to between you and IBM. Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPIINK Data Sroe Integration SOW SFEN-9RV6GV v2.0.doc Page 10 of 23 2.9 Charges The Services will be conducted on a fixed price basis. The fixed price for performing the Services defined in the SOW will be$39,000.00. This fixed price is exclusive of any travel and living expenses and other reasonable expenses incurred in connection with the Services. All charges are exclusive of any applicable taxes. Travel and living expenses are not expected for this SOW. Should any travel to your facility under this SOW be required, estimated travel and living expenses will be paid by you and will be authorized through the procedure described in Appendix A-1: Project Change Control Procedure. IBM will invoice you for the Services performed in accordance with the table below, plus applicable taxes, travel and living expenses, and other reasonable expenses incurred in connection with the Services. Payment is due upon receipt of invoice, payable within 30 days. Payment may be made electronically to an account specified by IBM or by other means agreed to by the parties. In the event of late payment, IBM reserves the right to suspend the provision of Services and to charge interest on amounts overdue. You do not have to pay any amount disputed in good faith while it is being investigated, but you remain obligated to pay any amount not in dispute. Date or Milestone Charge Milestone 1: Project Kickoff for NBPD(includes Project Management) $3,000.00 Milestone 2: Intermediate Machine Configuration and Testing for NBPD $3,600.00 Milestone 3: Data Analysis, Mapping and Conversion for NBPD $18,000.00 Milestone 4: Data Verification and Data Review for NBPD $7,200.00 Milestone 5: Data Refresh Verification for NBPD $7,200.00 Total Services Charge: $39,000.00 2.10 Additional Terms and Conditions 2.10.1 Intellectual Property Services Components Intellectual Property Services Components Definition Intellectual Property Services Components("IPSCs")are preexisting IBM or third party literary works or other works of authorship (such as programs, program listings, programming tools, documentation, reports, drawings and similar works)that IBM may license to NBPD or that IBM may use when providing a Service. IPSCs are not Products or Materials as such terms are defined in the IBM Customer Agreement ("ICA"), IPSC License Grant Subject to the section entitled"IPSC Special Terms," IBM grants NBPD an irrevocable, nonexclusive, paid-up license to use, execute, copy, display, and distribute, all within the NBPD Enterprise only, the following IPSC: • IBM i2 COPLINK Data Migrator IPSC Special Terms a. IBM or third parties have all right, title, and interest(including ownership of copyright) in IPSCs and IPSCs are licensed, not sold. Notwithstanding the definition of IPSC above, an IPSC shall be considered a Product for the purposes of the ICA section entitled "Limitation of Liability" only, without reference to any other section. b. IPSCs are provided"AS IS"AND IBM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO IPSCs, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND DOES NOT INDEMNIFY AGAINST OR PROVIDE ANY REMEDY REGARDING THIRD PARTY INTELLECTUAL PROPERTY CLAIMS. Under no circumstances shall IBM be liable for any damages arising out of NBPD's use of the IPSC. Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 11 of 23 C. The IPSC License granted to NBPD is limited solely to NBPD's COPLINK solution, as specified elsewhere in this Statement of Work. No other entity in NBPD shall be permitted access to the IPSC unless separately contracted with IBM. d. The IPSC License granted is for internal use only and includes the right to make and install copies of the IPSC to support such use, and the right to make one copy of the IPSC for backup and recovery purposes. e. The terms of this license apply to each copy NBPD makes of the IPSC. NBPD agrees to reproduce all copyright notices and all other legends of ownership on each copy. f. All modifications and the modified IPSC made by IBM under this or any SOW and all rights therein (including copyrights), shall belong exclusively to IBM, but shall be subject to this IPSC License. If requested by IBM to perfect IBM's ownership rights (including copyrights) in such modifications or the modified IPSC, NBPD agrees to execute all documents necessary to perfect IBM's ownership rights. g. NBPD agrees not to: i) sublicense, assign, or transfer the license for the IPSC, ii) sell, lease, license or otherwise distribute the IPSC to any third party, iii) reverse assemble, reverse compile, or otherwise obtain or attempt to obtain the source code of the IPSC except as specifically permitted by law without the possibility of contractual waiver, or iv) sublicense, assign, or transfer the license for the IPSC to a successor, acquired, or acquiring organization by merger or acquisition. Any attempt to do items (i), (ii)or(iv) is void. h. IBM may terminate this license if NBPD does not comply with any of the terms of this SOW. i. Upon termination, NBPD agrees to destroy, and make no further use of,the IPSC, and certify such destruction to IBM. j. This term only applies to the OSS included with the IPSC and listed in the IBM Responsibilities section above. OSS that IBM may install, update, access or otherwise use for NBPD under this SOW is distributed (except as may be provided by the SOW) and licensed to NBPD by the non-IBM OSS distributors and/or respective copyright or other right holders under their terms and conditions. IBM is not a distributor(except as may be provided by the SOW), licensee or licensor of such OSS, and performs the work described in this SOW on NBPD's behalf. Notwithstanding anything to the contrary contained in the Agreement, IBM makes no express or implied warranties or representations with respect to such OSS and provides no indemnity for such OSS. IBM grants no express or implied patent or other license with respect to such OSS. IBM is not liable for any damages arising out of the use of OSS. Any modification or creation of derivative works of any OSS is outside the scope of this SOW. 2.10.2 Confidential Information Notwithstanding anything to the contrary in the Agreement, the parties hereto agree that the IBM Agreement for the Exchange of Confidential Information ("AECI") shall govern the obligations and rights of the parties with respect to any Information (as defined in the AECI)exchanged between the parties during the term of this SOW. The AECI is incorporated into, and subject to, this SOW, and is located at: http://www-05.ibm.com/support/operations/files/pdf/aeci us.pdf (which location may be changed from time to time). The terms of this SOW shall be considered confidential information under the AECI. 2.10.3 Termination Either party may terminate this SOW by giving the other party not less than 30 days written notice. Upon termination, you will pay the following amounts to IBM: i)the charges for Services IBM provides through termination, and all Materials IBM has prepared through termination, whether or not completed or delivered, and ii) if you terminate, all costs and expenses IBM incurs in terminating the Services. 2.10.4 Offer Expiration Date This offer will expire on April 30, 2015, unless extended by IBM in writing. This SOW, its Appendices and the Agreement identified below, are the complete agreement regarding Services, and replace any prior oral or written communications, representations, undertakings, warranties, promises, covenants, and commitments between you and IBM regarding the Services. In entering into this SOW, neither party is relying upon any representation that is not specified in this SOW or the Agreement. Additional or different Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 12 of 23 terms in any written communication from you (such as a purchase order) are void. Each party agrees that no modifications have been made to this SOW. Each party accepts the terms of this SOW by signing this SOW (or another document that incorporates it by reference) by hand or, where recognized by law, electronically. Once signed, please return a copy of this document to the IBM address shown below. Any reproduction of this SOW made by reliable means (for example, electronic image, photocopy, or facsimile) is considered an original and all Services ordered under this SOW are subject to it. Agreed to: City of Newport Beach By: Authorized signature Title: l� 0' 6 � �d It 6, Name (type or print): .�a X . Tod f o>^ Date: / -,2,Y - / 5 ,iPPROVED AS TO FORM: `r l_ homey UrM crt� Il s Agreed to: International Business Machines Corporation By: rM► Authorized signature Title:_Quality Assurance Representative Name (type or print):_Misty A. Mayfield Date: -April 15, 2015 Agreement name: Orange County - IBM Customer Agreement Agreement number/date: HW80996 / March 20, 2014 Statement of Work number: SFEN-9RV6GV IBM Fax number: (402) 359-1685 IBM E-mail address: danny.jensen@ca.ibm.com Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 13 of 23 Appendix A: Project Procedures A- 1: Project Change Control Procedure The following process will be followed if a change to this SOW is required: a. A Project Change Request(PCR)will be the vehicle for communicating change. The PCR must describe the change, the rationale for the change and the effect the change will have on the project. b. The designated Project Manager of the requesting party will review the proposed change and determine whether to submit the request to the other party. C. Both Project Managers will review the proposed change and agree to implement it, recommend it for further investigation, or reject it. d. IBM will specify any charges for such investigation. A PCR must be signed by authorized representatives from both parties to authorize investigation of the recommended changes. IBM will invoice you for any such charges per the terms of this SOW and the Agreement. The investigation will determine the effect that the implementation of the PCR will have on price, schedule and other terms and conditions of this SOW and the Agreement. e. A PCR must be accepted by authorized representatives from both parties to authorize implementation of any agreed changes to the SOW and the Agreement. Until a change is agreed to, both parties will continue to act in accordance with the latest agreed version of the SOW. f. A PCR that has been signed by authorized representatives from both parties constitutes a change authorization for purposes of this SOW and the Agreement. A- 2: Deliverable Materials Acceptance Procedure Except for Status Reports, Project Plans/Schedules, and Student Course Materials, deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure: a. One printed draft of the deliverable Material will be submitted to your Project Manager. It is your Project Manager's responsibility to make and distribute additional copies to any other reviewers. b. Within five business days of receipt, your Project Manager will either accept the deliverable Material or provide the IBM Project Manager a written list of requested revisions. If IBM receives no response from your Project Manager within five business days, then the deliverable Material will be deemed accepted. c. The IBM Project Manager will consider your timely request for revisions, if any, within the context of IBM's obligations under this SOW. d. Those revisions agreed to by IBM will be made and the deliverable Material will be resubmitted to your Project Manager, at which time the deliverable Material will be deemed accepted. e. Those revisions not agreed to by IBM will be managed in accordance with Appendix A-1: Project Change Control Procedure. f. Any conflict arising from this deliverable Materials Acceptance Procedure will be addressed as specified in the Escalation Procedure set forth in Appendix A-3. A-3: Escalation Procedure The following procedure will be followed to resolve a conflict arising during the performance of this SOW. a. When a conflict arises between you and IBM, the project team member(s)will first strive to work out the problem internally. b. Level 1: If the project team cannot resolve the conflict within two business days, your Project Manager and the IBM Project Manager will meet to resolve the issue. C. Level 2: If the conflict is not resolved within three business days after being escalated to Level 1, your Executive Sponsor will meet with the IBM Project Executive to resolve the issue. d. If the conflict is resolved by either Level 1 or Level 2 intervention, the resolution will be addressed in accordance with the Project Change Control Procedure set forth in Appendix A-1. Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 14 of 23 e. If the conflict remains unresolved after Level 2 intervention, then either party may terminate this SOW. If the conflict is addressed by termination, you agree to pay IBM as described in the "Termination" section of this SOW. f. During any conflict resolution, IBM agrees to provide Services relating to items not in dispute, to the extent practicable pending resolution of the conflict. You agree to pay invoices per this SOW and the Agreement. Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 15 of 23 Appendix B: Materials B - 1: Status Reports Purpose: IBM will provide status reports advising NBPD's Project Manager of the progress and status of the IBM activities. The report will outline the IBM activities and describe the status of tasks worked on during that period. Significant accomplishments, milestones, and problems will be identified. Content: The report will consist of the following, as appropriate: • Activities performed during the reporting period • Activities planned for the next reporting period • Project change control summary • Problems, concerns, and recommendations • Tasks for next reporting period • Key resource or other requirements for reporting periods • Other items of importance Delivery: IBM will deliver one(1) reproducible soft copy to NBPD's Project Manager. B - 2: Technical Questionnaire/Checklist Purpose: The purpose of this survey is to give IBM a technical understanding of the structure of your source system and insight into factors that will affect the deployment of your data source into the COPLINK production environment. Please complete this questionnaire electronically and return it to your IBM Project Manager (PM).A completed survey is required before your agency's kick-off meeting can be scheduled and before the integration of your data source can begin. Content: The questionnaire/checklist will include the following information: • Agency Info • Roster • Product Information • First Encounters or Custom Systems • Contributing Agencies • Participation Requirements Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-gRV6GV v2.0.doc Page 16 of 23 • Documents Contained • Mug Shots/Images • Network Topology • Miscellaneous Information Delivery: IBM will deliver one (1)copy of this document in softcopy format. B - 3: High-level Timeline Purpose: Provide high-level timeline for the project. Content: The timeline will show the anticipated time frame for each activity in the SOW. Delivery: IBM will deliver one(1) copy of this document in softcopy format. B -4: System Test Report Confirming Data Migration Readiness Purpose: The purpose of this report is to provide NBPD with a document that shows the results of the system testing of the COPLINK Node, Content: The content of this document will include the testing results for the various elements of the COPLINK Node. Delivery: IBM will deliver one(1)copy of this document in softcopy format. B - 5: Data Verification Form Purpose: To provide a sign-off form for the Data Verification activity; this constitutes completion of the Data Verification services. This checklist is created based on agency scoped source document types. It is a sign off from the agency that we have fixed any issues from the first session and are signing off on the data as acceptable and correct to move into production. Content: Checklist of tasks completed during the Data Verification services. 2125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 17 of 23 Delivery: IBM will deliver one(1)copy of this document in softcopy format. B - 6: Data Refresh Verification Form Purpose: To provide a sign-off form for the Data Refresh activity; this constitutes completion of the Data Refresh services. Content: Checklist of tasks completed during the Data Refresh services. Delivery: IBM will deliver one(1)copy of this document in softcopy format. Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV V2.0.doc Page 18 of 23 Appendix C: Sample Project Change Request PROJECT CHANGE REQUEST (PCR) PCR Date: Requested by: PCR Number: This PCR must be approved by both parties and signed below on or before the offer expiration date before the PCR can be implemented. This offer will expire on{insert mm/ddlyyyy), unless extended by IBM in writing. All other terms in the referenced SOW not affected by this PCR remain in full force and effect. The parties agree that this PCR modifies the existing referenced SOW as follows: {insert language regarding the changes to the SOW here} (insert language regarding the impact of the changes here... sample text is below) If extending the date: The new estimated End Date is{End Date). If adding hours: The additional estimated services hours for this PCR are{Number of hours), at${Hourly rate) per hour, for additional estimated professional services charges of$(Fee total). If adding Fixed Fee Services: The additional fixed fee for performing the Services defined in this PCR is ${Fee total). If adding TBL: The additional estimated travel and living expenses(including actual transportation and lodging, and per diem meal expenses)for this PCR are${Expenses}. PCR Approval + In entering into this PCR, you are not relying upon any representation made by or on behalf of IBM that is not specified in the Agreement or the SOW, including, without limitation, the actual or estimated completion date, number of hours to provide any of the Services, charges to be paid, or the results of any of the Services to be provided under the SOW. Each of us agrees that the complete agreement between us about these Services consists of 1)this Project Change Request, 2)the referenced SOW including any previous mutually-approved PCRs, and 3)the Agreement or any equivalent agreement in effect between us as identified in the SOW. Agreed to: Agreed to: (Customer Legal Name} International Business Machines Corporation By (Authorized Signature): By (Authorized Signature): DRAFT—NOT FOR SIGNATURE DRAFT—NOT FOR SIGNATURE Title: Title: Name(type or print): Name(type or print): Date: Date: PCR Estimated Start Date (remove if not applicable): Statement of Work Name: PCR Estimated End Date(remove if not applicable): Statement of Work Number: IBM Fax Number: IBM Internet ID: Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 19 of 23 Appendix D: Agency Data Source Information Tables The following table is for reference only. The Data Set Type listed above is defined by the documents and entities included as outlined below. Agency Data Source Data Sets Description Customer Standard Data Data Not Migrated Agency Data Set ' Migrated Type Records Department Reports Jail Management System (JMS) data Management System (RMS) Supplemental Reports Mug Shots Traffic Collisions CAD data Miscellaneous Incident AFIS data Citations Probation data Field Interviews Court data Permits CJ IS data Pawns Vehicle Tow data Supervisions Intelligence documents (Registration) Crime Analysis documents Supervisions(Court Civil Process documents Ordered) Arraignments Watch Lists Motor Vehicle Dept. Images Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Dale Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 20 of 23 Agency Data Source Data Sets Description Customer Standard Data Data Not Migrated Agency Data Set Migrated Type Jail Management Bookings Jail Financial Management System (JMS) Visitations* Commissary Records (*only if Visitor Type data is Internal Jail Communication available) Jail Resource Management Supervisions(Court Background Checks Ordered) Employee Personnel Files&Applications Mug Shots* Internal Jail activity (*only if native to the JMS) Inmate Cell information Inmate Transport Records Inmate schedules Inmate grievances Inmate mail; Email; telephone calls Inmate Escape records Inmate Court activity Inmate Work programs &related skills Inmate Medical data Inmate Behavior records Inmate Handling Instructions Inmate Visit Authorizations Inmate Privileges Inmate Property Inmate Property Tracking Inmate Next of Kin Inmate Holds Earliest Possible Release date Anticipated Release date Sentence Start& End date Inmate Probation &Release Schedules Sentence Adjustments Conditions of Bail Released To information Inmate address& phone after Release Lineups Inmate Vehicles Inmate Vehicle Storage Computer Aided Occurrences/Calls for N/A Dispatch (CAD) Service(CFS) Probation or Supervisions(Court NIA Parole Ordered) (Probation/Parole Supervisions(Parole) System) Supervisions (Probation) Automated Identification N/A Fingerprint Documents Identification System (AFIS) Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 21 of 23 Agency Data Source Data Sets Description Customer Standard Data Data Not Migrated Agency Data Set Migrated Type Criminal Justice Warrants N/A Information System (CJIS) Traffic Collision Traffic Collisions N/A System Citation System Citations N/A Pawn System Pawn Tickets N/A Department of Permits N/A Motor Vehicles Registration System (DMVR) Department of Permits N/A Motor Vehicles License System (DMVL) Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Sroe Integration SOW SFEN-9RV6GV v2.0.doc Page 22 of 23 Appendix E: Third Party Hardware and Software The following third party hardware and software (or their equivalents) is required for the Services. NBPD will provide this hardware and software. THIRD PARTY HARDWARE Integration Box(Desktop) Item DELL OptiPlex 990 Small Form Factor or equivalent Quantity Per Data Source Processor Intel Core i5 Clock Speed 3.1 Ghz Memory 8GB, DDR2 Non-ECC SDRAM, 80OMhz Hard Drive 2x500GS 7200 RPM SATA 3.OGB/s&8MB DataBurst Hard Drive Configuration RAID-1 Operating System Windows 7 Professional x64 Redundant Power No THIRD PARTY SOFTWARE Integration Box Third Party Software Java RE 1.6, MS SOL Server 2008 R2 Std, Cygwin, OpenSSH Z125-7311-06 SWG Services SOW template 11-2013 Newport Beach PD COPLINK Data Srce Integration SOW SFEN-9RV6GV v2.0.doc Page 23 of 23