HomeMy WebLinkAboutOmiga Solutions, formarly CodeSmart, Inc. - OCourt System Agreementco
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e•sMART
Court
Service Level ;i\,greement
CodeSart Inc. - Yakia Municipal Court
975 Carpenter Rd NE Suite 101
Lacey, WA 98516
(360) 915 — 7017
Contents
1. Service Level Agreement Overview 2
2. Description of Services 2
2.1. Introduction 2
2.2. Specific Services 3
3. Problem Management 3
3.1. General 3
3.2. System and Contract Support Escalation Contact List 3
4. Service Performance 3
4.1. Infrastructure Team Availability 3
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4.2. Operational Expectations 3
4.3. System Availability 4
4.4. System Operational Limitations 4
4.5. ()Court - File Processing 4
4.6.00ourt Security 6
4.7. Bug Reporting/Tracking 7
4.8. System Outage/Security Reporting 7
4.9. Record Transaction Processing Issues: 7
5. Cost of Services 7
5.1. Annual Maintenance Fee Error! Bookmark not defined.
5.2. Calculation Error! Bookmark not defined.
6. Service Provider and Customer Responsibilities 9
7. Periodic Review Process 9
7.1.Overview 9
7.2. Changes 9
8. Termination of Agreement Process 10
9. Glossary of Terms 10
10. Acceptance and Authorization 10
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1. Service Level Agreement Overview
This is a Service Level Agreement (SLA) between CodeSmart Inc. and Yakima Municipal Court (Hereafter
referred to as "Yakima Municipal Court"). Outlined within this document is an expected level of service for
the maintenance and on-going support related to the CodeSmart Inc OCourt system. Specifically, this SLA
addresses the following:
• CodeSmart's commitments
• CodeSmart's execution of delivery
• Yakima Municipal Court' commitments
• Yakima Municipal Court' execution of delivery
• Success criteria and measurement
• SLA change over time
This SLA covers the period 04/01/2018 to 12/31/2022(this is a tentative date as the SLA will come into effect
after onboarding of OCourt is complete), The one-year period covered by the service fee will commence after
the on -boarding is complete and on the date the system "goes live" in the Yakima Municipal Court. The
agreement will renew annually at the same service fee for the following four (4) years as long as the Yakima
Municipal Court does not assume responsibility for providing court services for any additional municipality or
workload does not substantially increase. CodeSmart Inc. reserves the right to review the service fee if the
City of Yakima does assume responsibility for providing court services for any additional municipality. The
City of Yakima Municipal Court may terminate the agreement at the end of any annual period for any reason.
At the end of 5 years, the service fee will be reviewed by CodeSmart Inc. to reflect any substantial change in
the caseload of the court.
2. Description of Services
2.1. Introduction
CodeSmart is providing its proprietary OCourt system to Yakima Municipal Court. OCourt is online web
based business application that streamlines the court processes and integrates with Washington State's
AOC JIS system in real time. OCourt has multiple features including case scheduling, E -Forms,
Archiving, E -Signature and Lobby display. Electronic documents created in OCourt can be concurrently
viewed and edited in real time in a court room and by a defendant located off site in a jail facility. OCourt
supports a number of e -signature technologies including touch, physical signature pad and stored
signatures online. OCourt offers real time synchronization to JIS from electronic forms, with built in
analytics for Administrators, Clerks, Judges, Prosecutors and Public Defense. There is no similar court
product offering for City, Municipal and County courts in the state of Washington.
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2.2. Specific Services
CodeSmart will:
a) Ensure OCourt-specific security processes and best -practices are followed
b) Notify Yakima Municipal Court of any apparent anomalies in data -transfer
c) Communicate future enhancements, modifications, or outages to all relevant parties
d) Maintain network and identity -related security protocols
e) Enforce proper deployment and maximum server up -time
f) Establish and enforce proper application server deployment techniques
g) 24x7 maintenance of the server environment
h) Maintain an environment scalable to meet current & future customer expectations
3. Problem Management
3.1. General
If at any time OCourt users experience a lapse in OCourt services, as defined in this SLA, they should
immediately notify their managers, noting specific items to be addressed.
3.2. System and Contract Support Escalation Contact List
Please use the following escalated contacts for Operational System or Contract Support issues. Please
refer to Section 3.0 to confirm Service Performance standards and metrics.
OCourt System Issue Escalation Contacts
Step 1
System Support
E-mail:
oCourt.support@codesmarti
nc.com
Step 2
Prasad Paluri
Product Manager
M: 425-761-4454
Step 3 Step 4
Debadutta Dash Mark Meyer
Client Relationship Executive President
M: 206-630-8512 M: 425-444-6174
0: 360-358-2240
Prasad,Paluri@codesmartinc.com
4. Service Performance
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4.1. Infrastructure Team Availability
CodeSmart Infrastructure Team hours of operation will be established and managed under mutual
agreement by CodeSmart and Yakima Municipal Court leads. CodeSmart proposes the following
availability:
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Description . '_ _- - ;.
System Support Hours of operation
7:00 AM to 5:00 PM Monday to Friday (Except for Federal holidays).
Regularly scheduled maintenance frequency
Performed on 2nd/3rd Saturday of the month. Email notices are sent
to all users.
Issue Response Time
4 Hours
High Priority Issue Resolution Time
2 Business Days
Medium and Low Priority Resolution Time
1 Week
4.2. Operational Expectations
' .Se'rver-Backups., -;',.f_;. _t Y=,.r ; .:- =` _ .'a
1Fr'equency ',
Regularly scheduled backups
Daily
Log Truncation
Monthly
Retention of collection data
Continuous
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4.3. System Availability
The OCourt Administrator(s) will work to ensure the following:
• All case information that is transmitted between CodeSmart's servers, the customer's servers, and
AOC's servers, are secured via HTTPS.
• All login passwords will be restricted to a sufficient level of complexity so as to prevent brute -force
hack attempts.
• CodeSmart will not store actual user passwords unless customer requires it.
• CodeSmart will abide by the terms of the overall agreement governing auditing and logging of
customer data interactions as specified by the Administrative Office for the Courts (AOC).
• Logs will be truncated every 1 month in order to minimize the possibility of significant data -loss
during security breech.
• Outages shall be scheduled with at least 1 week advanced notification to all customers and
partners.
• All outages or un -expected problems arising as a result of OCourt software will be assigned a
dedicated response team within a 48 hour period.
• The data -retention period for OCourt will not exceed 7 years. (Customer can request less if
needed.)
• CodeSmart will provide individual records data to Court Customer upon request. CodeSmart will not
retain the document data beyond 180 days.
• Regularly scheduled backups will occur every 24 -hours with hourly backups of the data within the
database.
• CodeSmart will maintain the ability to recover from a hard -drive failure or master Hyper -V host
operating system failure within a 24-hour period.
4.4. System Operational Limitations
While always endeavoring to resolve any system failures, there are conditions that may be beyond
CodeSmart's ability to address. Examples include, but are not limited to:
• AOC JIS availability (OCourt will not function properly without JIS functionality)
• Customer network outage
• Customer firewall or browser issue that is specific to their own IT environment
• Upgrades to Judicial Access Browser System (JABS) that causes a problem or outage
• SSL certificate(s) expiration
• Third party back-up power failure
• Restricted access to JIS
• JIS down-time (impacts data transmission).
CodeSmart's commitments, per this SLA, are limited to those basic services, and designated optional
services for CodeSmart supplied or operated systems. Outages within the customer's own systems,
and/or the customer's network provider's systems over a period of several days do not fall within the scope
of this SLA nor will CodeSmart assume responsibility for them.
4.5. OCourt - File Processing
OCourt Overview:
The OCourt system is considered a "real-time" system in that users expect to see data in JIS after they've
entered it into the system. However, there is also a regularly scheduled [automated] process that kicks off
every 24 hours, to migrate the customer's JIS data into our queue for synchronization and error notification.
There is another "near real-time" mechanism that is initiated by user actions such as performing a case
submittal action or typing in a large number of cases to associate with a hearing.
User Authorization and Authentication:
A username/password for OCourt can be established by registering for the site, and then approved by a
Court Administrator or CodeSmart System Administrator. Users that are approved can then be associated
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with specific roles that will allow them to review various functions that have been associated with their
assigned "role" in the system.
Handling Dependency Changes:
In the event that CodeSmart Inc.'s OCourt system is operating normally, but there is:
1. An anomaly present in the JIS and/or document storage data,
2. A JIS screen has been modified and the customer has failed to notify CodeSmart,
3. A Document Storage API has been updated
CodeSmart may reach out to the customer in order to facilitate a resolution. In practice, this type of
anomaly rarely occurs. However, if it should occur, CodeSmart Inc will be able to respond within 72 hours
of notification regarding any small AOC screen changes, document storage API updates, or data
anomalies. If the modification is severe enough (for instance AOC replaces JIS with a new Case
Management System and doesn't tell anyone about it) CodeSmart may not be able to bring the system
back -online within a 72 hour period. Therefore, it is necessary for AOC and the customer to keep
CodeSmart informed of known upcoming changes and upgrades.
External Doc Storage Sync Operations (Applicable to 3rd -party externally hosted solutions only!):
For certain customers, CodeSmart will support software that is responsible for downloading external
data concerning electronic documents associated with a case(s).
Security:
3rd -party vendor data (i.e. Laser Fiche, SharePoint, Sire, etc.) should be made available to CodeSmart
in a secure fashion, but CodeSmart is not responsible for enforcing agreements between its own Courts
customers and their 3rd -party partner vendors. Therefore, CodeSmart will download data related to the
OCourt system from Court customer 3rd -party vendors even if it is provided to us in an inherently
insecure fashion. It is the customer's responsibility to ensure that their 3rd -party vendors are working in
a secure fashion with CodeSmart. Basically, CodeSmart does not control or have leverage over any
Court customer's own vendors.
3rd -party Data Transmission:
We will notify our customers in the event that we notice odd patterns in data -transmission such as (a)
no data for unusual periods of time, (b) bad data repeatedly being transmitted, (c) too much data being
transmitted. Ultimately, if the customer wishes for CodeSmart to work collaboratively with the 3rd -party
to resolve the problem, we will do so on a case-by-case basis.
Customer Network, Document Storage Provider, or AOC System Anomalies:
There are many points of failure in the overall data pipe -line for the OCourt system. CodeSmart often
plays the role of working to resolve any break -downs in the pipeline. However, there are times when
CodeSmart would have absolutely no knowledge of such a breakdown. The following are examples that
have occurred. (a) The customer has a network outage. (b) The customer has a firewall or browser
issue that is specific to their IT environment. (c) AOC has made an upgrade to JABS which causes a
problem or outage. (d) AOC has forgotten to update their SSL certificates and the SSL certificates have
expired. (e) AOC experiences a network outage.
Since there are many points of failure, CodeSmart's agreed-upon metrics that are defined in this SLA
document may only be applied at the point that we are the source of the problem. Outages within AOC,
the customer's own systems, and/or the customer's network provider's systems over a period of several
days do not fall within the scope of this SLA nor does CodeSmart assume responsibility for them.
Document Storage Synchronization Operations (Applicable to focally installed software only!):
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In the case where the document -storage resides internal to the customer, CodeSmart will provide the
customer with a Windows executable program. The program is made up of more than 3 files. One file is
intended to be configured according to the unique requirements of the customer. This file ends with a
*.config file extension.
The Windows executable that CodeSmart provides to the customer will, generally speaking, look for files
located in a document storage solution, determine if they are relevant case -related files, transmit them over
HTTPS to CodeSmart's e -Docs servers, and then disconnect from the customer's document storage
system. For this reason, it is important that the customer not expect that the data displayed in CodeSmart's
e -Docs manager will be automatically synchronized with the customer's document -storage solution. In
order to update the case -documents when making a change to your document -management data, you will
need to "refresh" the CodeSmart e -Docs external documents list.
The executable currently depends on Microsoft .NET Framework 4.5 in order to execute and perform its
tasks. This may change in the future.
The executable transmits the customer's ticket data over port 443 which is a standard SSL port. Other than
allowing outbound traffic on port 443, and ensuring that the user -account running the executable has the
appropriate permissions to read and delete files in the configured processing path of the program, there is
no other operational requirement of the software.
Case -File Processing Executable Maintenance (Applicable to locally installed software only!):
CodeSmart may periodically update the executable supplied to any Court customer as updates and
enhancements are developed. Given that this executable is responsible for reading the appropriate
document data, and also updating it, there may be updates or enhancements required over time. The
maintenance fee associated with any contract related to the OCourt system is partially used to ensure this
component stays up-to-date with technology changes over time.
If any Court customer wishes to disable or rebuild the server that the OCourt executable is running on, they
merely need to copy all of the files associated with the Ocourt executable... and place them into a directory
on the new server. There is no uninstall process, re -configuration process, or other Windows artifacts in-
place that need to be addressed. If any Court customer needs a new copy of the OCourt executable,
CodeSmart will provide one for them at no charge.
Ticket Processing Bandwidth:
CodeSmart Inc. does not expect to have any difficulty processing up to the maximum allowable number of
documents that our pre-screened customers are able to accommodate. (Assuming no more than -40,000
cases per year)
As the exact processing volumes and capabilities of hardware, software, and other factors adjust over
time... so will the exact contents of this portion of the Service Level Agreement.
CodeSmart Inc. will be able to provide reports within a 48 hour period of exact case -volume processing
and anomalies per customer.
4.6. OCourt Security
The OCourt software is managed by CodeSmart's Network Support Team and is responsible for the
physical security, data redundancy, and other aspects of backups and power supply necessary to maintain
uptimes that meet the definition of this Service Level Agreement.
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CodeSmart Inc. is responsible for the SSL certificate used to secure individual customer logins via the web -
based interface as well as encryption of the ticketing data within the SQL Server storage environment.
CodeSmart Inc. is also responsible for the verification of regular data -backups and redundancy that is
necessary to avoid any data loss. However, in the case of this system... any lost data may be recovered
from multiple sources outside of CodeSmart Inc.'s control. (Such as Washington State AOC or DES or the
customer.)
CodeSmart Inc. is also responsible for verifying the secure transmission of the case data associated with
the OCourt system to the customer's servers and to AOC's JIS.
CodeSmart Inc. will notify the Court Customer within 48 hours in the event of any known security breach or
compromise to the integrity of the data. If CodeSmart determines that a username or password of a valid
user for Court Customer was utilized during the security breach, we will immediately deactivate the account
and change the password prior to notifying the Court Customer, in order to ensure that no further security
breaches occur.
4.7. Bug Reporting/Tracking
CodeSmart Inc. is responsible for tracking all bugs/problems associated with the OCourt software or
general processing of OCourt-related tickets from the customer's .3 party ticket vendor as needed.
CodeSmart Inc. currently uses a system known as "AdminiTrack" to facilitate the reporting of bugs. A
username/password may be established for any 3rd -party wishing to provide bug -reports on a 24x7 basis.
Bug reports may be generated from the AdminiTrack system upon request within a 48-hour period.
4.8. System Outage/Security Reporting
Due to the complexity and number of systems supporting OCourt processing system, it is difficult to
centralize a reporting mechanism to identify all system outages, security -related issues, or other
concerns over an extended period of time. However, CodeSmart will provide a regular security bulletin for
issues within the CodeSmart server and OCourt environment upon request. CodeSmart cannot provide
information about the system functionality or security of non-CodeSmart server environments.
4.9. Record Transaction Processing Issues:
In the event that transaction processing does not occur correctly, customers are notified in one of 2 ways.
(1) via email if it is a long-running transaction process. (2) Via user -interface if it is a "real-time" or "near
real-time" transaction. Additionally, the OCourt Systems Administrator(s) will also be notified. It is
possible to include other members from various roles in these error notifications upon request. Error
emails are filtered by the Customer identifier because there could be more than one Court organization
using the same system. A configurable customer email address can be associated with each Customer
id. In this case, a "customer identifier" is the unique information that identifies customers such as City of
Tacoma, City of Fife, City of Lakewood, etc.
5. Cost of Services
5.1. Annual Maintenance Fee
Scope of CodeSmart Inc's OCourt system services to Yakima Municipal Court shall be performed for a
not -to -exceed annual amount of $10,500.00 (service fee is prorated). The service fee will cover the
settings of Yakima Municipal Court and is for the implementation, maintenance and on-going support of
the OCourt scheduler and electronic document system described in sections 2, 3 and 4 of this
agreement. The one-year period covered by the service fee will commence after the on -boarding is
complete and on the date the system "goes live" in the Yakima Municipal Court. The agreement will
2016 CodeSmart Inc. 7
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renew annually at the same service fee for the following four (4) years as long as the Yakima Municipal
Court does not assume responsibility for providing court services for any additional municipality or
workload does not substantially increase. CodeSmart Inc. reserves the right to review the service fee if
the City of Yakima does assume responsibility for providing court services for any additional municipality.
The City of Yakima Municipal Court may terminate the agreement at the end of any annual period for any
reason. At the end of 5 years, the service fee will be reviewed by CodeSmart Inc. to reflect any
substantial change in the caseload of the court.
CodeSmart Inc. will make available to the Yakima Municipal Court the Public Access Module (allowing
citizens to schedule infraction hearings) at the point it is developed. Implementation and use of the
Public Access Module may require an additional service fee.
The annual maintenance fee above does not include feature enhancements or future improvements. It is
intended solely to cover the services in this agreement and to ensure proper security in accordance with
AOC guidelines, industry best -practices, and normal operating procedures.
5.2. Calculation
The annual maintenance fee is calculated based upon the number of hearings held for all types of cases
in Yakima Municipal Court per year. CodeSmart is relying upon the figure of 16,000, which is the total of
all infraction and criminal hearings scheduled into JIS and held in 2015.
After the first 5 Year term of this agreement, the actual number of transactions processed through OCourt
for Yakima Municipal Court during the year will be used to calculate the maintenance fee and will be
reflected in the next version of this service contract. A transaction is a case synchronized from JIS into
the OCourt scheduler system.
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Service Provider and Customer Responsibilities
_. _Aole�_:
-_ : _ ;Responsibilities
CodeSmart
•
Installs, updates, and configures the physical Electronic Documents, SchedulR, and
synchronization with JIS
•
Ensures Electronic Documents, SchedulR, and synchronization -specific security
processes and best -practices are followed
•
Notifies all partners of any apparent anomalies in data -transfer or ongoing
operations
•
Communicates future enhancements, modifications, or outages to all relevant
parties
•
Maintains data -retention policies
Yakima
•
Responsible for correcting data -entry errors
Municipal
•
Provide all digital data -entry including hearing information, e -Doc data, required e -
Court
Document case files, and/or other relevant information
o
Responsible for syncing the hearing or other data periodically from JIS. (Until a real-
time data synchronization mechanism can be built and agreed to by AOC.)
•
Responsible for following system business practices to ensure long-term operational
needs
•
Responsible for accepting valid users, elevating user permissions, and generally
removing users that are no longer part of the Court
•
Responsible for collaborating with CodeSmart system administrators to identify
features, functionality, or problems that need to be addressed
•
Responsible for ensuring proper e -Document signatures and association with
relevant hearing and case -types
7. Periodic Review Process
7.1. Overview
This SLA will be reviewed at a minimum once per contract year. Contents of this document may be
amended as required, provided mutual agreement is obtained and communicated to all affected parties.
The Document Owner will incorporate all subsequent revisions and obtain mutual agreements / approvals
as required.
a) Document Owner: Mark Meyer
b) Review Period: Annually or as requested
c) Previous Review Date: December 01St, 2017
d) Next Review Date: December 01St, 2018
7.2. Changes
This SLA is a dynamic document and will be periodically reviewed and changed when the following
events occur:
a) The environment has changed.
b) The customer's expectations and/or needs have changed.
c) Workloads have changed. (Including processing volumes and capabilities)
d) Better metrics, measurement tools and processes have evolved.
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8. Termination of Agreement Process
This agreement shall run for a period of twelve (12) months from the effective date and, will be reviewed,
revised and renewed at the end of this period for an additional 4 years unless either of the two parties
chooses to withdraw; it will remain in effect until a new agreement is signed. After the mutually -agreed
amendment and extension of the existing Agreement has been executed the previous Agreement shall
automatically terminate, with or without notice of termination.
Upon termination of this Agreement, CodeSmart shall have no further obligation to provide any Services
hereunder to Customer.
Termination of this Agreement shall not affect any obligation owed by either party to the other as accrued prior
to such termination.
9. Glossary of Terms
• AOC — Administrative Office of the Courts.
• APS —Automated Payment System
• OCourt- CodeSmart Inc.'s proprietary online web based business application that streamlines the court
processes and integrates with Washington State's AOC JIS system in real time. OCourt has multiple
features including case scheduling, E -Forms, Archiving, E -Signature and Lobby display.
• EA Group — Enterprise Architecture Group: A governing body or group within the AOC, responsible for
the oversight and general design of Information Technology as it relates to the agency.
• Executive Management — The ISD Director or other management entity responsible for overseeing the
agency Information Services budget and project selection.
• ISD — Information Services Division: A division within the AOC responsible for the maintenance and
development of Information Technology Software and Hardware.
• JIS - Judicial Information Systems
• PMO — Project Management Office; the organization responsible for the oversight and direct
management of projects within the AOC.
• SSL - Secure Sockets Layer; a protocol designed to provide secure communications over the Internet
using asymmetric key encryption.
10. Acceptance and Authorization
IN WITNESS WHEREOF, the parties hereto each acting with proper authority have accepted and authorized
execution of this Service Contract.
Yakima Municipal Court CodeSmart Inc.
Avut
Full name
rvt
Tile
Oel9-4117
2017 CodeSmart Inc.
CITY CONTRACT NO:
RESOLUTION NO:•
D/ -51-3
Mark Meyer
Full name
President
Title
Signature
Date
C e0SMART
8. Termination of Agreement Process
This agreement shall run for a period of twelve (12) months from the effective date and, will be reviewed,
revised and renewed at the end of this period for an additional 4 years unless either of the two parties
chooses to withdraw; it will remain in effect until a new agreement is signed. After the mutually -agreed
amendment and extension of the existing Agreement has been executed the previous Agreement shall
automatically terminate, with or without notice of termination.
Upon termination of this Agreement, CodeSmart shall have no further obligation to provide any Services
hereunder to Customer.
Termination of this Agreement shall not affect any obligation owed by either party to the other as accrued prior
to such termination.
9. Glossary of Terms
• AOC — Administrative Office of the Courts.
• APS —Automated Payment System
• OCourt- CodeSmart Inc.'s proprietary online web based business application that streamlines the court
processes and integrates with Washington State's AOC JIS system in real time. OCourt has multiple
features including case scheduling, E -Forms, Archiving, E -Signature and Lobby display.
• EA Group — Enterprise Architecture Group: A governing body or group within the AOC, responsible for
the oversight and general design of Information Technology as it relates to the agency.
• Executive Management — The ISD Director or other management entity responsible for overseeing the
agency Information Services budget and project selection.
• ISD — Information Services Division: A division within the AOC responsible for the maintenance and
development of Information Technology Software and Hardware.
• JIS - Judicial Information Systems
• PMO — Project Management Office; the organization responsible for the oversight and direct
management of projects within the AOC.
• SSL - Secure Sockets Layer; a protocol designed to provide secure communications over the Internet
using asymmetric key encryption.
10. Acceptance and Authorization
IN WITNESS WHEREOF, the parties hereto each acting with proper authority have accepted and authorized
execution of this Service Contract.
Yakima Municipal Court
Fu I name
CodeSmart Inc.
Mark Meyer
Full name
to-tI 1,.1 �-- President
��/r Cr Title
Signature Signature
Date12ti I
2017 CodeSmart Inc.
CITY CONTRACT NO. n:::2/
/
RESOLUTION NO•
n/ 4
December 29, 2017
Date
10
CoCIeoSMART
Master Services Agreement
1. Applicability. Each quotation and/or CODESMART INC. Statement of Work together with this Master Services Agreement and
Service Level Agreement ("Offer") is an offer by CodeSmart Inc. ("CODESMART") to Yakima Municipal Court ("CUSTOMER") to sell
to CUSTOMER the professional services performed by CODESMART and to enter into the agreement that the offer describes.
2. Acceptance. Each Offer shall be deemed accepted upon the terms and conditions of such Offer by CUSTOMER by written
acknowledgement or by the issuance to CODESMART of a purchase order or other acceptance document. Acceptance is expressly
limited to these terms and conditions. No purported acceptance of any Offer on terms and conditions which modify, supersede,
supplement or otherwise alter these terms and conditions, whether contained in CUSTOMER's purchase order or other acceptance
document, shall be binding upon CODESMART and such terms and conditions shall be deemed rejected and replaced by these terms
and conditions unless CUSTOMER's proffered terms or conditions are accepted and physically signed in writing by CODESMART.
Notwithstanding any contrary provision in CUSTOMER's purchase order or other acceptance document, commencement of work by
CODESMART shall not constitute acceptance of CUSTOMER's terms and conditions.
3. Limited Warranty and Acceptance of Services. The Services will be performed by CODESMART in a manner consistent with good
practice and the accepted professional standards of the computer services industry. All Service deliverables will be deemed accepted
by CUSTOMER if not rejected in a reasonably detailed writing within fifteen (15) days of submission to CUSTOMER. In the event the
Services are not in conformance with this warranty and are rejected as specified above, CODESMART will supply commercially
reasonable services to correct or replace the work at no charge to the CUSTOMER. THIS IS CUSTOMER's EXCLUSIVE REMEDY FOR
BREACH OF WARRANTY relating to Services.
4. Service Warranty Disclaimer. CODESMART MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE Services (other than the
limited and exclusive warranty provided for Services under Section 3). CODESMART DISCLAIMS ALL OTHER REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE Services, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. Intellectual Property for Services.
(a) Upon payment in full for all charges under this Agreement, CODESMART will grant CUSTOMER such rights, title, and
interest it may own to the software and documentation developed by CODESMART specifically for CUSTOMER under this
Agreement subject to the following limitation. CODESMART retains a world-wide, unlimited, perpetual and royalty free
right to (i) copy and use the software and documentation internally for any purpose; (ii) copy and distribute to third
parties software which performs a general utility function; and (iii) use for any purpose any concepts, ideas, or techniques
resulting from the development of the software and documentation by CODESMART.
(b) CODESMART grants to CUSTOMER all right, title, and interest in the software and documentation that is an enhancement
to or modification of existing software or documentation on all of the CUSTOMER's computer systems.
(c) Any CODESMART software, equipment or consulting, programming, or management tools which may be furnished or
utilized by CODESMART in the performance of these services shall remain the property of CODESMART and shall be
immediately returned to CODESMART, upon its request or upon completion of the Services.
6. Service Work Assignments. CODESMART retains the right to assign such personnel, including subcontractors, as it deems
appropriate to the performance of Services under the Agreement.
7. CUSTOMER Coordination for Services. CUSTOMER will provide a primary point of contact and make available all technical matter,
data, information, operating supplies, and computer system(s), as reasonably required by CODESMART. CODESMART will assign a
primary contact person for the Services.
8. Price and Payment. The prices in this Agreement are exclusive of all applicable taxes, duties, licenses, and tariffs levied upon the
sale, purchase or delivery of the Services which remain the CUSTOMER's obligation. Prices quoted are firm for thirty (30) days
following the quote unless otherwise provided on the Offer. Except for COD accounts that are due on delivery, payment is due thirty
(30) days from the date of the invoice which will be after the services has been received and accepted by the City. All payments will
be made in US currency. Out of pocket expenses will be charged as incurred. Unless expressly provided to the contrary, items
designated by CODESMART as estimates are estimates only and are not binding commitments. CUSTOMER will pay interest in the
amount of one and one half percent (1.5%) per month, or the maximum allowed by law whichever is lower, on any outstanding
balance owed.
9. Confidential Information. Written and oral information designated as confidential by either party whether before or after the
effective date of this Agreement shall be held in strict confidence and used only for purposes of this Agreement. Except as required
by law, no confidential information, including the provisions of this Agreement, shall be disclosed without the prior written consent
of the party designating the information as confidential. If either party is required to disclose any confidential information of the
other party, the party so required shall notify the other party immediately and shall cooperate in allowing said party reasonable time
to obtain an injunction or protective order. This section shall not apply to information, which is (i) in the public domain, (ii) already
known to the recipient, (iii) developed independently or (iv) received from a third party without similar restriction and without
breach of this or a similar agreement.
10. Export. CUSTOMER acknowledges that it is responsible for complying with (and agrees to comply with) all applicable export and re-
export control laws and regulations, including, without limitation, the Export Administration Regulations maintained by the United
States Department of Commerce. Specifically, CUSTOMER covenants that it shall not -- directly or indirectly -- sell, export (including
without limitation any deemed export as defined by applicable law), re-export, transfer, divert, or otherwise dispose of any Service
deliverable to any country (or national thereof) subject to antiterrorism controls, U.S. embargo, encryption technology controls, or
COCieASMART
to any other person, entity (or utilize any such person or entity in connection with the activities listed above), or destination
prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government
authorities as required by those laws and regulations. CUSTOMER certifies, represents and warrants that no Service shall be used for
any military or defense purpose, including, without limitation, being used to design, develop, engineer, manufacture, produce,
assemble, test, repair, maintain, modify, operate, demilitarize, destroy, process, or use military or defense articles. Notwithstanding
any provision of IT services or designs by CODESMART, CUSTOMER acknowledges that it is not relying on CODESMART for any
advice or counseling on such export control requirements. CUSTOMER agrees to indemnify, to the fullest extent permitted by law,
CODESMART from and against any fines, penalties and reasonable attorney fees that may arise as a result of CUSTOMER's breach of
this Section.
11. Limitation of Liability. IN NO EVENT WILL CODESMART's LIABILITY TO CUSTOMER EXCEED THE PURCHASE PRICE PAID FOR THE
SERVICE THAT IS THE BASIS FOR THE PARTICULAR CLAIM. CODESMART WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY LOSS OF
REVENUE, PROFIT, USE OF DATA, INTERRUPTION OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE
USE OF OR INABILITY TO USE THE PRODUCT OF THE SERVICES, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF
CODESMART HAS BEEN ADVISED OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY
CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, INFRINGEMENT OR OTHER TORT, BREACH OF ANY
STATUTORY DUTY, PRINCIPLES OF INDEMNITY, CONTRIBUTION, OR OTHERWISE.
12. Cancellation of Order. City may only cancel for good cause or for reasons out of the City's control, such as budgetary constraints. If
City cancels the contract, City must provide reimbursement to CODESMART for all work and services already completed, and must
give CODESMART 30 days advance notice of such cancellation.
13. Additional Contractual Rights for Default. If CUSTOMER defaults in performance of any obligation under this Agreement, including
the payment of any amount due, CODESMART may, at its option, suspend performance, require prepayment, or terminate its
performance and collect payment for all Services provided up to the date of termination.
14. Attorney Fees. CUSTOMER shall reimburse CODESMART for reasonable expenses including, without limitation, reasonable attorney
fees and legal expenses that CODESMART pays or incurs in successfully defending and enforcing the rights of CODESMART under this
Agreement.
15. Publication. Nothing contained in this Agreement shall be interpreted so as to prevent CODESMART from publicizing its business
relationship with CUSTOMER but it will be only done with written consent from the CUSTOMER (Yakima) on a case by case basis.
16. No Solicitation. CUSTOMER agrees not to solicit for employment or to employ any CODESMART employee during work being
performed and for a period of twelve (12) months following the conclusion of the work performed under this Agreement.
CODESMART agrees not to solicit for employment or to employ any CUSTOMER employee during work being performed and for a
period of twelve (12) months following the conclusion of the work performed under this Agreement.
17. Indemnification. CUSTOMER agrees to defend, at its expense, and to indemnify CODESMART against any award of damages and
costs based on the claim that any materials or documentation provided by CUSTOMER to CODESMART during this engagement
infringes a U.S. patent, copyright or other intellectual property right of any third party.
18. Governing Law. These Terms and Conditions will be construed in accordance with the laws of the State of Washington. All legal
claims must be filed in a court of competent jurisdiction in Yakima County, Washington.
19. No Waiver. The failure of either party to insist upon strict performance of any of the provisions of the Terms and Conditions herein
will not be deemed a waiver of any subsequent breach or default. The remedies provided to either party hereunder are not a waiver
of the remedies available to the parties under applicable law.
20. Severability. If any provision of the Agreement is unenforceable as a matter of law, all other provisions will remain in effect.
21. Excusable Delay. CODESMART will not be liable for any delay or failure of performance whatsoever due to acts of God, earthquakes,
shortage of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics or other circumstances beyond
CODESMART's control.
22. Time for Bringing Claims. Any claim by CUSTOMER against CODESMART, arising from or in connection with the Agreement or any
related purchase order cannot be filed, made or maintained unless filed within six months after CODESMART, has provided the
Services in question.
23. Entire Agreement. These terms and conditions, along with the Service Level Agreement, the Statement of Work and the Offer
constitute the entire agreement between the parties as to the sale Services and supersede all prior or current written or oral
statements, representations, negotiations, agreements and understandings.
COdeOSMART
CodeSma In Mayor, City of Yakima
nni
Authorized Signature
Name: Mark W. Meyer
Title: President - CodeSmart Inc.
Date:
December 29, 2017
Authorized Signature
Name: A I V IA_ 0_,Dr2-
Title: , G L
Date: P1,2-410 J
code SMART
CodeSmart Inc.
Authorized Signature
Name: Mark W. Meyer
Title: President - CodeSmart Inc.
Date:
Mayor, City of Yakima
ciz>A\
Authorized Signature
Name: .f ��� (�
Title: r@k a s ' `Gvte'r-
Date: 1*-41ri
CITY CONTRACT NO.
RESOLUTION NO' r7 / Q
C.de.SMART
Statement oork
Not -to -exceed deliverable
December 31st 2022
(Please read Service Contract document
for more details)
12/29/2017 CodeSmart Inc. Statement of Work Page 2
Statement of Work
SCHEDULE OF TASKS
OBJECTIVE
Yakima desires to have in-place a case processing system to efficiently manage
court hearing schedule, update JIS from Hearings manager, maintain a library of
dynamic court forms that auto populate with defendant information based on JIS
records. The system will give real time access to Judges, Clerks, Prosecutors and
Defendants live in the court room setting and allow all parties to sign case forms
electronically. The forms will then be stored in the courts document storage
system and automatically update into JIS.
CodeSmart Inc has developed technology to better integrate Washington State's
Courts of Limited Jurisdiction case management system, JIS, with each
individual Court's internal systems and vendors.
SUCCESS CRITERIA
Project Success Criteria is defined as delivery of a web application and services
enabling specific business capabilities, as follows:
• Scheduled events in Hearing Wizard are automatically added in JIS
• Scheduling of events within the Hearing Wizard allows creating events
with automatic inclusion of Defendant, Case Number, etc (previously
manually added data within Outlook)
• Selecting a hearing will allow you to click on a Case # and view all
documents currently associated with that Case.
12/29/2017 Statement of Work Page 3
Statement of Work
• Document storage solution will be integrated into the case -file
management interface to seamlessly leverage Court's existing document
storage capabilities.
• Document templates are defined and available within the OCourt system
via a popup window when creating new documents.
• Document templates can be populated automatically with the data from
the various JIS screens by choosing "Insert Case # Information':
• Pre -populated template data and manually entered data will be stored on
the server for future document template generation during a hearing.
• Documents can be edited and concurrently viewed between various
parties during a courtroom hearing.
• Court clerks can organize and distribute documents and package them
with non -generated documents as part of a comprehensive case -file for
any hearings that are scheduled.
• Documents can be "saved" back to the Court's document storage solution
of choice.
• Document archives can be reviewed and searched.
• Documents can be electronically signed by Judge, Prosecutor, Public
Defense and defendants within SCORE.
• Documents can be electronically signed by Yakima staff as needed.
Project success functionality can be described as the ability to:
System
• Display and maintain an up to date schedule of all cases by day/court
room
• Display open/close cases throughout the proceeding
• Maintain a Court Forms library with ability to add/edit/remove forms
• Ability to attach forms to either one or more cases
• Ability to dynamically modify form based on form field values
• Ability to extract case metadata from JIS and populate forms
• Ability to collect signatures from an input source like Mouse, Touchscreen
and Topaz Signature pad.
• Ability to lock a file when judge signs the document
• Maintain an audit by user and action
• Ability to convert forms into PDF format
• Ability to update JIS
Administration
• Add/Edit/Remove users and assign roles to users
12/29/2017 Statement of Work Page 4
Statement of Work
• View Dashboard information with all case information, electronic
document activity, document archival satus
• Maintain backend/lookup tables like Judge, Courtroom and contacts
• Ability to main the Form library and JIS hearing type codes
o All the ability to perform actions mentioned in Clerk role
Clerk
• View court schedule
• Add, remove or reschedule case
• Batch reschedule case from Schedule
• View forms library
• Add form(s) related to case
• Update forms content
• Make forms viewable by others
• Mark the form as reviewed
• Update JIS
Judge
• View court schedule
• View open cases
• Dashboard to view all the work in progress forms
• Ability to view and edit case forms
• After judge signs the form will be locked
• After form is locked only judge can sign the document
o Ability to Sign the forms
Prosecutor
• View court schedule
• View open cases
• View/pick from forms library
• Add/submit form(s) related to case
• Email the document to their contact ID's
• View/edit case forms
• Sign forms
Public defendant/Attorney
• View court schedule
• View open case/forms
12/29/2017 Statement of Work Page 5
Statement of Work
• Email the document to their contact ID's
• Submit forms
• Ability to e -Sign forms
Defendant
• View forms made available by Clerk
• Ability to e -Sign electronic forms
SCORE Defendant
• View forms made available by Clerk
• Ability to e -Sign electronic forms
ASSUMPTIONS
CodeSmart assumes the following:
1. Yakima will continue to work with CodeSmart to resolve any road -blocks
associated with the product.
2. CodeSmart will be providing the document storage integration per
agreements with Yakima.
3. CodeSmart will continue to develop as much of the solution as possible on
its own servers so that enhancements, feature upgrades, and bug fixes
can be shared with all other customers of CodeSmart.
4. Yakima staff are comfortable creating a Microsoft LIVE identity and
associating it with their work email addresses per the instructions
provided separately by CodeSmart Inc.
5. The court agrees to pay the annual maintenance fee as outlined in the
SLA (Service Level Agreement). The SLA outlines the costs and
expectations associated with maintaining the software and data -integrity
standards imposed on CodeSmart by the Administrative Office of the
Courts (AOC) and Yakima's own standards.
Security Agreement
In the case of a data breach of personal customer information through
CodeSmart Inc.'s systems, CodeSmart Inc. would be responsible for notifying
customers of the data breach.
12/29/2017 Statement of Work Page 6
Statement of Work
Costs and Payment Schedule
• Yakima agrees to fund $32,000 for the total effort, due within thirty days
after implementation of the services by Yakima Municipal Court.
Master Services Agreement
This statement of work is subject to the terms stated in the Master Services
Agreement effective lac 117 , together with the terms of the Service Level
Agreement effective 4 iQ . Any other terms and conditions to the
contrary are null and voi
Acceptance and authorization
IN WITNESS WHEREOF, the parties hereto each acting with proper authority
have executed this Statement of Work, under seal.
City of Yakima CodeSmart Inc.
Ai �kz
Mark Meyer
Full name Full name
Title
CP'ity 44 r
President
Title
Signature
/Digq 117
Date Date
CITY CONTRACT NO'
RESOLUTION NO'
4
12/29/2017
Statement of Work
Page 7
Statement of Work
Costs and Payment Schedule
Yakima agrees to fund $32,000 for the total effort, due within thirty days
after implementation of the services by Yakima Municipal Court.
Master Services Agreement
This statement of work 's subject to the terms stated in the Master Services
Agreement effective / 2 aC 117 , together with the terms of the Service Level
Agreement effective 4 /11 .g . Any other terms and conditions to the
contrary are null and voi
Acceptance and authorization
IN WITNESS WHEREOF, the parties hereto each acting with proper authority
have executed this Statement of Work, under seal.
City of Yakima
Ain b-rkz
Full name
CodeSmart Inc.
Mark Meyer
Full name
'&47 ` ('�� '/ly President
Title
J ` �/ l J Title /
/Digq /17
Date
CITY CONTRACT NO: Zv/ "/ V3
RESOLUTION NO: n1
Signature
December 29, 2017
Date
12/29/2017 Statement of Work Page 7
November 17,2020
November 17,2020
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