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AGREEMENT
between
The County of Fresno
and
CYCOM Data Systems, Incorporated
NEW AGRMT# D-98-002
1
I Tableof Contents
^AGREEMENT
^1
Section 1
RESPONSIBILITIES OF COUNTY 2
Section 2
RESPONSIBILITIES OF CYCOM 3
sections
LICENSE
Section 4
MAINTENANCE AND SUPPORT
Section S
PAYMENT
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Section 6
TERMINATION ...
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Section?
LIMtTATIONS ON CYCONTS OBLIGATIONS g
Sections
WARRANTY
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Section 9SOURCE CODE RIGHTS ^
Section 10
NON-DISCLOSURE
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Section 11
independent CONTRACTOR jj
Section 12 I
RISKOFLOSS j
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Section 13 \trade SECRET,PATENT AND COPYRIGHT INDEMNIHCATION
Section 14
INDEMNmCATION
Section IS
LIMITATION OF LIABILITY...
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Section 16THIRDPARTY BENEHCIARIES j^
SecUonl?
FORCE MAJURE
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Section 18 I
BINDING EFFECT;ASSIGNMENT...;
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Section 19
SERVABILITY ....
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Section 20
LAWS;FORUM,ENFORCEMENT
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Section 21
WAIVER
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Section 22
USE OF NAME
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Section 23
NOTICE
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Section 24
TAXES
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Section 25
AUDITS AND INSPECTIONS
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Section 26
ENTIRE AGREEMENT
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ATTACHMENT"A"
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AGREEMENT
AGREEMENT made this 17th day of November,1998,CYCOM Data
Systems,Incorporated,a California corporation,with a principal place
of business at a^141 W.Wilshire,Suite 114,Fulerton,California
92832,(hereinafter known as "CYCOM"),and the County of Fresno,a
political subdivision of the State of California {hereinafter referred
to as "COUNTY").
WHEREAS,CYCOM currently sells,licenses and otherwise provides
to its customers existing County Law Case Management and Administrative
Support system software,maintenance,systems analysis,and programming
services for those products;and,
WHEREAS,COUNTY is desirous of obtaining a County Law Case
Management and Administrative Support system in order to improve the
operation and efficiency of the Fresno County Counsel (hereinafter
known as "COUNTY COUNSEL");and,
WHEREAS,CYCOM represents that it has expertise in the area of
installing,maintaining,modifying and enhancing its County Law Case
Management and Administrative Support system (hereinafter Icnown as
Product:")/and CYCOM is desirous of selling,licensing and otherwise
providing certain software system,and programming services for the
COUNTY to meet unique COUNTY COUNSEL needs,COWTY is thereby
reasonably induced and does desire to engage CYCOM to provide its
Product;and,
WHEREAS,CYCOM is willing to provide to the COUNTY its Product,
as aforesaid.
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NOW,therefore,rhe COUNTY and CYCOM,for good and valuable
consideration,do herecy enter into this Agreement which shall specify
the terms and conditions by which the COUNTY shall procure from CYCCM,
its Product.
Section 1
RESPONSIBILITIES OP COUNTY
1.1 COUNTY shall assign a Contract Administrator to ensure that
COUNTY'S responsibilities under this Agreement are met, to
coordinate appropriate schedules in connection with CYCOM's
services hereunder,and to make any other arrangements
which are necessary for CYCOM to perform its services
hereunder.
1.2 Whenever requested by CYCOM,COUNTY shall assign at least
one technically capable individual to assist CYC^in
performing its services hereunder.
1.3 COUNTY shall provide a site for the installation of CYCOM's
Product.The site shall include sufficient electrical
capacity,provisions for one (1)phone line for CYC<a4 to
access the COUNTY COUNSEL database server.
1.4 COUNTY shall test the system and notify CYCOl in writing,
of COUNTY'S acceptance of system problems within thirty
(30)days of written notice from CYCOM that the system is
ready for testing.
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Section 2
RESPONSIBILITIES OP CYCOM
2.1 CYCOM shall supply and install all software as described in
Attachment "A". Components of the system shall be
installed in the designated offices of the COUHTY COUNSEL
for the purpose of Case Management and Administrative
Support,as agreed by both parties.
2.2 CYC^warrants that any Product furnished pursuant to this
agreement shall support a four-digit year format and be
able to accurately process date and time data from,into,
and between the twentieth and twenty-first centuries,and
the years 1999 and 2000,as well as leap year calculations.
Product"shall include,without limitation,any piece or
component of equipment,hardware,firmware,middleware,
custom or commercial software,or internal components or
subroutines therein.This warranty shall survive
termination or expiration of this Agreement.
2.3 In the event of any decrease in Product functionality or
accuracy related to time and/or date data related codes
and/or internal subroutines that impede the Product from
operating correctly using dates beyond December 31,1999,
Vendor shall restore or repair the Product to the same
level of functionality as warranted herein,so as to
minimize interruption to COUNTY'S ongoing business process,
time being of the essence. In the event that such warranty
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cor.?iiance requires rhe acquisition of additional programs,
the expense for any such associated or additional
acquisitions,which may be required,including,without
limitation,data conversion tools,shall be borne
exclusively by CYCOM.Nothing in this warranty shall be
construed to limit any rights or remedies the County may
otherwise have under this agreement with respect to defects
other than Year 2000 performance.
2.4 otCOM Shall provide all training and documentation as
described in Attachment "A".
2.5 CYCOM shall provide COUNTY a thirty (30)day test period
before the system is put into production.CYCOM shall
notify COUNTY in writing when the system is ready for
testing.Upon written notification from COUNTY of system
problems during testing,CYCOM shall fix such problems and
allow COUNTY additional time to retest.
Section 3
LICENSE
3.1 GRANT OF LICENSE -CYCOM hereby grants to COUNTY,and
COUNTY hereby accepts from CYCCM,a perpetual,
nonexclusive,nontransferable license to use the Product in
accordance with the terms and conditions of this Agreement.
COUNTY acknowledges and agrees that the Product is
proprietary information and a trade secret of CYCCM and
that this Agreement grants COUNTY no title to the rights of
ownership in the Product.
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3.2 .-'.s.STRICrio::s on use - county is authorized to use Product
only for COUHTY's internal purposes and only on COUNTY'S
computers.COUNTY agrees that it will not use,or permit
the Product to be used,in any manner,whether directly or
indirectly, that would enable COUNTY'S customers or any
other person or entity to use the Product on other than
COUNTY's Cosiputers.
3.3 DOCUMENTATION -CYCCM shall provide COUNTY with Product in
machine-readable form together with a User Guide for each
Product.
3.4 PROPRIETARY MARKINGS -COUNTY agrees not to remove or
destroy any proprietary markings or confidential legends
placed upon or contained within the Product or any related
material or documentation.
Section 4
MIUINTENANCE AND SUPPORT
4.1 MAINTENANCE AND SUPPORT -CYCOM will provide COUNTY with
maintenance and support services for the Product as
provided in Attachment "A"as follows:
4.1.1 CYCOM will provide such assistance as is necessary to
cause the Product to perform in accordance with its
current published specifications;
4.1.2 CYCOM will provide such improvements,enhancements,
extensions,and other changes to the Product
developed by CYCOM as are determined by CYCOM to be
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suitable to the uses made of the Product by COUNTY;
and,
4.1.3 CYCOM will provide updates to the Product if and as
required to cause it to operate under new versions or
releases of the operating system(s)specified in
Attachment "A"so long as such Updates are
technically feasible.
4.2 RENEWAL -CYCOM's obligation to provide maintenance and
support services,and COUNTY'S obligations to pay
maintenance and support charges then in effect,shall be
renewed automatically on July 1 of each year.
Sootion 5
PAYMENT
5.1 SYSTEM COSTS -COUNTY shall pay CYCC»1 for the software,
installation and training (hereinafter "SYSTEM COSTS")
pursuant to page 11 of Attachment "A".in no event shall
SYSTEM COSTS exceed $61,293.00.System Costs shall be
payable as follows,and as described in Attachment "A";
5.1.1 CDl -Upon Contract execution,20%Of the SYSTEM
COSTS are due and payable;
5.1.2 CD2 -Upon completion of installation and training of
all modules,40%of the SYSTEM COSTS are due and
payable;and,
5.1.3 CD3 -Upon acceptance of the entire system by COUNTY
in writing,40%of the SYSTEM COSTS are due and
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payable.
5.2 ANNUAL MAINTENANCE AND SUPPORT -CfflONTy shall pay CXCCW for
annual naincenance and support services (hereinafter
"SYSTEM [MAINTENANCE")pursuant to page 11 of Attachment
"A".SYSTEM MAINTENANCE costs shall be due and payable on
October 1 each year.CXCOM shall invoice COUNT*at least
forty-five (45)days in advance,prior to October 1.
SYSTEM MAINTENANCE costs shall be prorated the first year
to cover the period beginning three (3)months after the
acceptance of the system and ending September 30,1999.
SYSTEM MAINTENANCE costs nay be changed by cyccw upon
ninety (90)days advance written notice to COUNTY.
5.3 INVOICING -All Payments shall be due and payable within
forty-five (45)days of COONTI's receipt of an invoice from
CJtC®!.COONK's obligation to pay all accrued charges shall
survive the termination of this Agreement.
SACtion 6
TEBMIKATZOK
6.1 This Agreement may be terminated by either party upon
thirty (30)days written notice.
6.2 Should there be an increase in annual SYSTEM MAINTENANCE
charges,COUNTY may immediately terminate this Agreement by
giving written notice of termination within fifteen (15)
days of receipt of written notice from CYOGM of such
increase.
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6'3 -..e following sections of this Agreerr.ent shall survive the
-erminarion of this Agreement;(1)Section 3 (LICENSE)(2)
section 3 (WARRANTY)(3)Section 9 (SOURCE CODE ESCROW)(4)
Section .0 (NON-DISCLOSURE)(5)Section 13 (TRADE SECRET,
PATENT .:.ND COPYRIGHT INDEMNIFICATION)(6)Section 14
(xNDEMNIFICATION)(7)Section 15 (LIMITATION OF LIABILITY).
Section 7
LIMITATIONS ON CYCOM'S OBLIGATIONS
7.1 COUNTY understands and agrees that CYCOM may develop and
market new or different computer programs which may use
part or all of the Product and which may perform all or
part of the functions performed by the Product.Nothing
contained in this Agreement shall give COUNTY any rights to
such new or different computer programs.
Section 8
Warranty
8.1 Unless otherwise stated in Attachment "A",CYCCM hereby
warrants that the Product,as delivered by CYCCM,is
capable of operating in conformance with the Product's
current published specifications and capability
representations.Except as specifically provided in this
section,CYCCM makes no warranties,either expressed or
implied,as to any matter whatsoever,including,without
limitation,the Product's merchantability or fitness for a
particular purpose.
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Section 9
SOURCE CODE RIGHTS
9.1 When CYCOM ceiivers and COUNTY accepts the Product:covered
by this Agreement,whether initial version or subsequent
upgrade,CYCOM will deliver to COUNTY the Source Code for
such Product.CYCOM will also deliver a list of third
party software development compilers and libraries used to
compile such Source Code.It is understood by COUNTY that
such third party software is excluded from this Agreement.
Delivery wil«be made on 3.5 inch computer diskettes unless
otherwise agreed by both parties to this Agreement.
9.2 CYCOM grants to COUNTY an irrevocable/nonexclusive/paid-
up license to use the Source Code for COUNTY internal
purposes only.COUNTY agrees not to distribute,disclose,
or otherwise make available the Source Code to any third
party for any purpose.Any third party working on behalf
of the COUNTY must execute a nondisclosure statement before
being given access to the Source Code.
Sttction 10
NON-DISCLOSURE
10.1 Each party covenants and agrees that it will not,at any
time during,or one <1)year after the termination of this
Agreement with each other,whatever may be the reason for
such termination,reveal or make known to any person,firm,
or corporation,any confidential information disclosed to
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it by the other/relating to the business plans/
productresearch and development plans,customer
relationships,supplier relationships,project and sales
opportunities,proposals or bid strategies,corporate
strategies,or any information which has been marked
"Confidential"by the disclosing party,including,but not
limited to,all information relating to CYCCW's systems and
clients.This does not apply to disclosure of such
information in prosecuting or defending a lawsuit,
arbitration or other legal proceeding.
10.2 iNotwithstanding t.he fact that confidential information may
be disclosed,it is understood and agreed that all such
information shall remain the property of the disclosing
party and no use shall be made of such information except
as required by the terms of the business relationship
between the parties in accordance with the instructions,
and with the consent of the disclosing party.
10.3 Neither party shall copy, photograph, photocopy or in any
other manner reproduce or cause reproduction to be made of
any plans,specifications,formulae,instructions or any
other document or information furnished to it without the
express written permission of the other party.Neither
party will disclose any verbal confidential information
which may be communicated to it.
10.4 Notwithstanding anything to the contrary hereinbefore set
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-orth or implied,the obligations of non-use and
maintenance of confidentiality shall not apply to any
information which,at the time of disclosure, is part of
the public domain or which,at the time of disclosure,is
already known to the recipient thereof or its employees,
subsequent to the time of the disclosure,becomes part of
the public domain by reason of authorized publications,or
is required to be disclosed pursuant to the California
Public Records Act or any other applicable law.
Section 11
HIDEPENDENT CONTRACTOR
11.1 In performance of the work,duties,and obligations assumed
by CYCm under this Agreement,it is mutually understood
and agreed that CYCOM,including any and all of C7C0M*s
officers agents,and employees will, at all times,be
acting and performing as an independent contractor,and
shall act in an independent capacity and not as an officer,
agent,servant,employee,joint venture,partner,or
associate of the COUNTY.Furthermore,COONTY shall have no
right to control or supervise or direct the manner or
method by which CYCOM shall perform its work and function.
However,COUNTY shall retain the right to administer this
Agreement so as to verify that CYCOM is performing its
obligations in accordance with the terms and conditions
thereof.CYCOM and COUNTY shall comply with all applicable
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provisions of law and the rules and regulations,if any,cf
governmental authorities having jurisdiction over natters
the subject thereof.
11.2 Because of its status as an independent contractor,CYC^
shall have absolutely no right to employment rights and
benefits available to COUNTY employees.CYCOM shall be
solely liable and responsible for providing to,or on
behalf of,its employees all legally-required employee
benefits.In addition,CYCQM shall be solely responsible
and save COUNTY harmless from all matters relating to
payment of CYCOM*s employees,including compliance with
Social Security,withholding,and all other regulations
governing such matters.It is acknowledged that during the
term of this Agreement,CYCOM may be providing services to
others unrelated to the COUNTY or this Agreement.
Sootion 12
RISK OF LOSS
12.1 COUNTY will not be responsible for risk of loss or damage
to the product incurred on COUNTY'S premises prior to the
acceptance of the Product by County,or for loss or damage
to the Product incurred during shipping or caused by CYCCSf
in the process of installation or maintenance.
Sootion 13
TRADE SECRET,PATENT AND COPYRIGHT INDEMNIFICATION
13.1 CYCOd agrees to defend and indemnify COUNTY and to hold
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COUNTY r.~rx:.Bss from any claim of trade secret,patent or
copyrigr.-ir.zringement asserted against County by virtue of
COUNTY'S use of the Product as delivered by CYCOM and
maintained =n COUNTY'S computer and from all damages
awarded agair.st COUNTY and from all reasonable expenses
incurred by COUNTY as the result of any such claim;
provided,however,that CYCOM is given prompt notice of any
such claims and the right to control the direct
investigation,preparation,defense and settlement of each
such claim and further provided that COUNTY shall fully
cooperate wmh CYCOM in connection with the foregoing.
Should the Product as delivered by CYCCM become,or, in
CYC^'s opinion, be likely to become,the subject of a
claim of infringement of a trade secret,patent or
copyright,CYCGM may,at its option and expense,either {1)
procure for COUNTY the right to continue to use the Product
as contemplated hereunder,or (2)replace or modify the
Product and/or modify its use to make its use hereinunder
non-infringing,CYCOM shall have no liability for any claim
of trade secret,patent or copyright infringement based on
COUNTY'S use or combination of the Product with products or
data not supplied by CYCOM as part of the Product.
Section 14
IMDEMNZFZCATION
14.1 CYCCM,agrees to indemnify,save, hold harmless,and at
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COUNTY'S request,defend the COUNTY,i^s officers,agents,
and employees from any and all costs and expenses,damages,
liabilities,claims,including loss of COUNTY'S own assets
and losses occurring or resulting to COUNTY in connection
with the performance,or failure to perform,by CYCOM,its
officers,agents,or employees under this Agreement, and
from any and all cosrs and expenses,damages,liabilities,
claims,and losses occurring or resulting to any person,
firm or corporation who may be injured or damaged by the
performance,or failure to perform,by CYCOM,its officers,
agents,or employees under this Agreement.
Soction 15
LIMITATION OF LIABILITY
15.1 MODIFICATION OF PRODUCT BY COUNTY -Any modification of the
Product by COUNTY or any other failure by COUNTY to
implement any Improvements or Updates to the product as
supplied by CYCC3M shall void CYCOM'a maintenance and
support obligations under Section 4,CYCOM's warranty under
Section 8, and CYCOM's indemnity under Section 14 above,
unless COUNTY has obtained prior written authorization from
CYCOM permitting such modification or failure to implement.
15.2 LIMITATIONS ON CYCOM'S LIABILITY —Except as provided in
Sections 13 and 14 above,CYCOM shall not be liable for any
direct,indirect,special,consequential or any other
damages arising out of COUNTY'S use of the Product or the
marketing,delivery,installation,furnishing,maintaining
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or supporting by CYCOM.If,for any reason,any of the
foregoing limitations of liability are voided or are not
effective,COUNTY agrees that (except as provided in
Section 15 above)CYCOM's liability for damages,if any,
shall not exceed the charges paid to CYCOM by COTOiTY for
use of the Product under rhis agreement.
Section 16
THIRD PARTY BENEFICIARIES
16.1 Notwithstanding mutual recognition that use of the System
under this Agreement may provide some aid or assistance to
members of COUNTY COUNSEL'S population,it is not the
intention of either the COUNTY or CYC^that such
individuals occupy the position of intended third party
beneficiaries of the obligations assumed by either party to
this Agreement.
Section 17
FORCE MAJEURE
17.1 Neither party shall be liable for any delay or failure in
performance of this Agreement if caused by an act of God or
any factor beyond the control of the parties,or as a
result of a third party other than CYCOM or the COUNTY,
including,but not limited to,failure of the other party
to comply with its obligations and responsibilities
hereunder or to provide materials or information specified
herein,in any such event, the date for the party's
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perfcrntance shall be deferred for a period of time equal zo
-ne ti.T.e lost by reason of such act of God or other factor
beyond control of the party,provided that the delayed
party shall notify the other party of such occurrence and
snail cooperate with the other party in minimizing any
adverse impact of such occurrence.
Section 18
BINDING EFFECT;ASSIGNMENT
18.1 T.his Agreement shall inure to the benefit of,and shall be
binding upon,all of the divisions, subsidiaries,
affiliates and successors in interest of CYCOM and the
COUNTY,except as limited hereinbelow.
18.2 Neither party may assign any aspect of this Agreement with
the following exception:
18.2.1 Either party can assign this Agreement to a
successor-in-interest which serves as a guarantor of
performance and the obligations inherent thereto.
Section 19
SEBVABILITY
19.1 If any part of this Agreement is found violative of any law
or is found to be otherwise legally defective,this
Agreement shall be construed and interpreted without
reference to any such part.
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Section 20
LAWS;FORUM,ENFORCEMENT
20.1 This Agreerjent shall be interpreted and construed in
accordance vuth California State law and not the conflicts
law of t..e State of California. All clauses,including
"Whereas"and "Definitions", shall be given operative
effect,wich the exceptions set forth in this Agreement.
20.2 The foruir.selected and specifically agreed to by the
parties as the forum of convenience for any proceeding or
suit in law or equity arising from or incident to this
Agreement as between the parties hereto shall be located
either in a state court in Fresno County,California or in
the U.S.District Court for the Eastern District of
California in Fresno,California.
20.3 In the event any proceeding or suit is instituted against
the COUNTY wherein the COUNTY has the right to
indemnification from CYCOM,or where there is a warranty
flow-through from CYCOM to the COUNTY,or where strict
liability is claimed,or where the claims involve joint
tortfeasants or liability,or where issues of contribution
or comparative negligence are involved,and jurisdiction
and venue are properly set as against the COUNTY,CYCGM
hereby waives any objections to such jurisdiction and venue
in the event of the assertion of a third party,joinder or
related claims by the COUNTY against CYCOM.
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Section 21
HAIVER
21.1 No term or provision hereof shall be deemed waived and no
breach excused unless such waiver or consent shall be in
writing and signed by the party claimed to have so waived
or consented.
Soction 22
USE OF NAME
22.1 CYCCai shall not use the name of the COUNTY in any
advertising or publicity without in each instance obtaining
the specific prior written consent of the COUNTY,and CYCC^
agrees that it will not issue any •news release in
connection with either the award of this Agreement or any
subsequent amendment to or effort under this Agreement,
without first obtaining the prior review and approval of
said news release from the COUNTY through the COUNTY'S
Contract Administrator identified herein.The COUNTY will
not unreasonably withhold this approval.
Soction 23
NOTICE
23.1 Notice shall be given to the parties at their respective
addresses herein below set forth unless another address has
been given by any such party,by first class United States
Mail, postage prepaid,unless the form and type of notice
has been otherwise specified herein:
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COUNTY OF FRESKO
Computer Services Department
1020 S.Tenth Street
Fresno,CA 93702
Section 24
CYCC»d DATA SYSTEMS,INC.
P.O.BOX 92437
LONG BEACH,CA 90809-2437
TAXES
24.1 COUNTY shall be responsible for all sales and use taxes if
any are required.
Section 25
AUDITS AND INSPECTIONS
25.1 CYCCM shall at any time during business hours,and as often
as the COUNTY nay deem necessary,make available to the
COUNTY for examination,all of its records and data with
respect to the matters covered by this Agreement.CYCCM
shall,upon request by the COUNTY,permit the COUNTY to
audit and inspect all of such records and data necessary to
ensure CYCOU's compliance with the terms of this Agreement.
25.2 If this Agreement exceeds Ten Thousand and No/100 dollars
($10,000.00),CYCOM shall be subject to the examination and
audit of the Auditor General for a period of three (3)
years after final payment under contract (Government Code
Section 8546.7).
Section 26
Entire Agretti&eni;
26.1 This Agreement constitutes the entire understanding of the
parties hereto and supersedes any and all prior or
contemporaneous representations or Agreements,whether
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Wr^vten cr oral,between the parties,and cannot be changed
or modified unless in a writing signed by ail parties
hereto.
-20-
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WHEREFORE,IN WITirssS HEREOF,the parties have caused this Agreement to
be executed and do each hereby warrant and represent that their
respective signatory whose signature appears below has been and is on
the date of such signature duly authorized by all necessary and
appropriate corporate and public action to execute this Agreement.
COUNTY OF FRESNO
JUAN ARAMBULA
—ISI ^...By:
CHAIR1-:
Date:mcWl398 SUPERVISORS
APPROVED A3 TO LEGAL FORM:
PHILLIP S.CRONIN,County Counsel
REVIEWED AND RECOI4MENDE^y^OR APPROVAL:
Leyden L.Hahn,Assist^^CAO
Computer Services Department
By:
CYCOM DATA SYSTEMS,
INCORPORATED
By;^
Title:/"»««,rfafcT-
Date:
By:
Title;
Date;
^^003^fZi
APPROVED AS TO ACCOUNTING FORM:
GARY W.PETERSON
Auditor-Controller/Treasurer-Tax Collector
For Accounting Use Only
tarnDuUyel:Unit No.:0710
Account No.:7932
Requi.sition No.;
Fund:0001
Subclass:10000
Program:0
-21-
ATTACHMENT "A"
PROPOSAL
TO THE
County of Fresno
To Install The
CountyL0UNTY1_/AW
Case Management and Administrative Support System
CYCOM Data Systems,Inc.
June 19,1998
CountyLaw
Case Management and Administrative Support System
OVERVIEW
Cycom is proposing to implement CountyLaw for the County of Fresno.
The CountyLaw Case Management and Administrative Support System was created
specificaUy to meet the unique needs of the local government law department.The system
was first installed in 1985 -it is now installed nationwide.The system has been contmually
maintained and enhanced since initial installation.
CountyUw is acomprehensive system that has withstood the demands of awide variety of
local government law departments.
The system provides asolution to managing the expanding workload of the law department
In Its entirety,the system:
o Monitors Uwsuits,Case Calendars and Case Stams.Provides ready access to basic
case mfoi^tion,case status,involved parties,opposing attorneys,calendar,and
financial information.Automatically generates case calendar entries based on
flexible user definitions.
o Manages and Tracks Requests for Legal Services (general assignments)submitted by
chent departments.Provides easy reference to work in progress,as well as
con^leted work.
o Produces Case Calendars,dockets,case logs,and master staff calendars.
0 Inter-relates Liability Claims and Lawsuits and provides information by
cause and department.
o Captures and tracks costs for contract counsel,departmental staff,general expenses,
settlements,and awards.i
o Identifies and Locates Files,Documents and Attorney Work Product.
o Responds to the Organizational Structure,management and political environment
umque to local government.
providing systems and services to local government law
June 19.1998
CYCOM Data Systems.Inc.
A.CountyLaw Modules
CountyLaw is comprised of avariety of integrated modules.Three basic modules.Litigation
Case Management,Advisory Assignment Management,and File Management,are proposed
forthe County of Fresno.These are described below.
Litigation Case Management focuses on tracking lawsuits,providing information |on
closed lawsuits,and reporting for admmistrative and risk management purposes.Case ^information captured here forms the base of information used to maintain case and staff
calendars,prepare reports,and monitor financial information for each case.
Litigation Case Management manages the comprehensive information related to each case.It
also integrates mformation from other modules such as Time Accounting.In summary,Ae
system:
=>Monitors Lawsuits,Case Calendars and Case Status.Provides ready access to basic
case information,case status,involved parties,opposing attorneys,calendar,and •
financial information.
Directly interfaces with word processmg.This capability also directly associates
each document to the matter and provides for easy retrieval and modification of
related documents.
Maintams a Document List with access to all related Files,Documents,and other
Attorney Work Product.
=>Produces Case Calendars,dockets,case logs,and master sta£f calendars.
=>Captures and tracks costs for contract counsel,departmental staff,general expenses,
settlements,and awards.
=>Provides flexible management information for reports.
One of the major features of the system is its ability to retrieve case information quickly sad
easily.The System provides immediate case access by file number,court number,case name,
party,and witness.Search criteria can be combined to retrieve data based on fields such as
department,location,or a date range.The results ofthe search may be displayed on the
screen,or printed inthe form ofalistor report.
Once a case been selected,basic case data is displayed and detail information on the case
is readily available.Infoimation regarding a case is readily available at the touch ofa key or
click of the mouse. This includes:
Parties
Calendar
Costs
Loss Reserve
File Location
June 19.1998
CYCOM Data Systems.Inc.
Witnesses
GeneralExpenses
Prayer Amount
Attorney Notes
Documents
CaseDescription
Contract Counsel
Settlements
Disposition
Page 2
Advisory Assignment Management manages and tracks requests for legal services
(general assignments)submitted by client departments or generated within the law
department.It provides easy reference to work in progress,as weU as,completed work.
The module provides staff calendars,workload statistics,and access to work product.|
Documents associated with each assignment are tracked and easily accessed.
The task of processing and tracking requests for legal services through the assignment and
completion process is greatly reduced.Work progress,status,and workload distribution canbemonitoredusingstatisticalinfonnationandreportsgeneratedbytheAssignmentmod^e.
The Assipment module manages the comprehensive information related to each project or
work assignment.It also integrates information from other modules such as Contract
Management and Time Accounting.In summary,the system:
Monitors assignments received,completed and in-process.
=»Provides ready access to work assignment information,contacts,and assigiunent
status.
=>Integrates with system calendar to provide both individual and master staffcalendars,
o Captures costs associated with the assignment.
=>Identifies and Locates Files,Documents,and Attorney Work Product.
^Provides flexible management information for reports.
o Directiy interfaces with word processing for document generation capabilities.This
capability also directly associates each document to the matter and provides for easy
retrieval and modification of related documents.
Assignments and assignment status can be quickly located by attorney assigned,department,
requester,subject,or any word or element ofthe assigrmient description.Departmental
questions regarding work assigimient status can be quickly answered.
Information available to manage assignments includes:
=>Assignments Received,Completed and In-process by type and attorney.
=>Open assignments older than 15,30,60,and 90 days by attomey,
=>Average days to completion by type ofassignment and attomey.
=>Assignments Received,Completed,and In-process by department
During tiie implementation process,other reporting needs will be identified and added to tiie
system based on specific needs ofthe Department.
June 19.1996
CYCOM Data Systems.Inc.^
File Management provides easy identification and retrieval of departmental files and
attorney work product.
File MMagement provides adirect interface with other modules of the system providing a
convenient means to relate litigation and advisory matters to a file by reference.'This
provides ready location and access to information without additional data entry.
Ready availability of information from existing files contributes significantly to the
efficiency of many tasks.File Management provides the ability to identify and locate
information thus encouraging its use.The time invested in searching for information is
reduced -increasing the probability that the information desired will be identified and
located.
A general description ofeach file is contained in each record.Entries into File
Management may be made by original entry or attaching information from other
modi^es such as Litigation or Assignments.Each record contains identifying and
descriptive information regarding the document or file.Specifically:
Topic Subject
File Tide FileNumber
File Date ReviewDate
File Type Source
File Location Description
File Management then provides retrieval techniques to locate all files regarding a
pajticulM topic.Searches can readily combine multiple criteria.Selected files may be
printed ina variety of formats.
File Requests:As an installation option,a user may print a Request for a file remotely so
that a records clerk can retrieve the file.File requests may be made by users as retrieval
results are viewed.These file requests ate printed and may also be viewed on the screen by
the records section staff.The system also provides a general request screen where the^uester can outline the parameters of the file(s)needed for aspecific search by the records
Lo^tionControl:File Management tracks the physical location of tfie file while
maintaining a record ofthe permanently assigned location.The "Out Location"is stored in
Ae record as the temporary location of the file.It does not impact permanent location
mformation.This feature replaces the "Out Card"used in many manual file control
procedures.
June 19.1398
CYCOM Data Systems.Inc.^
B.Technical Issues
Development Language
Cycom Data System s software products have been designed to take advantage of some of the most
^yanced technology available.CountyUw has been created using Borland's Delphi Client/SeiverSuite,which is anative code compiler based on the Object Pascal language.In addition to being the
fastest growing object oriented Rapid Application Development (RAD)tool,Delphi Client/Server
performance access to many popular database platforms including Interbase,Oracle,
SYBASE,Informix,Microsoft SQL Server,and DB2.
Desktop Requirements
Aminimum of 90 MHz Pentium processors,or equivalent,with 16 megabytes memory running
WmdowsNTor Windows 95 isassumed.
Network SupportThesystemiscompatiblewithmostnetworkoperatingsystemsincluding:Novell and NT Server.
Client/server Implementation
AClient/server implementation is required.Either SyBase SQL Anywhere or Microsoft SQL Server.
Dial-up AccessDial-up ^ess is required for software maintenance and user support.We use pcAnywhere
communications software (Windows Version)for this purpose and ask that a copy be purchased for
thePCto which the modem will be attached.
June 19.1998
CYCOM Data Systems.Inc.®
C Cycom Qualifications
Cycom Data Systems,Inc.was incoqjorated as a closely held California
Corporation in 1984.The major business of the Company is providing systems
and consulting services to local government,particularly to city and county law
departments.The Lidgation Case Management and Administrative Support System
was first implemented in 1984 for the City of Long Beach California,and has
subsequendy been installed in law departments nationwide.The System has been
actively supported and enhanced since thefirst installation.
Municipal law depanment clients using the System range in staff size up to three-
hundred [City and County of San Francisco].Over the years,Cycom has
established and maintained a verifiable track record in local government law
departments.
Cycom provides integrated systems supporting:
Civil Litigation Case Management.
Municipal Advisory Work Assignments.
=>Prosecution Case Processing and Management.
=:>Fileand Document Management.
=>Payments,Reserves and Liability Tracking.
Legislative History Tracking for County Council Agendas and Actions.
=>Code Enforcement and Complaint Processing and Tracking.
Key Personnel
Don McGregor-President
Mr.McGregor has over 20 years experience with local govermnent and local
government information systems.With a background in large mainframe systems,
coupled with years of experience in the development ofPC based systems,Mr.
McGregor brings organizational,management,and technical skills to the company.
As the architect of the system,he has demonstrated abilities to assess and meet the
needs ofthe municipal attorney's office.
Scott A.Minty -Operations Manager
Mr.Minty is responsible for overall coordination of development,installation,
traimng,and system application.He has extensive experience in computer systems
and their application in the law department.He has been responsible for a wide
variety of CountyLaw implementation projects nationwide.
June 19.1998^"
CYCOM Data Systems.Inc.®
James E.Fouste -Chief Legal Counsel
Mr.Fouste is chief legal consultant.Mr.Fouste is a member of the California
Stote Bar and maintains a private practice in Costa Mesa,California.He received
his Juris Doctorate in 1977 and was granted a lifetime teaching credential by the
Board of Governors of the California Community Colleges in 1978.With over 15
years experience teaching college level courses,he blends legal skills and teaching
experience to enhance the understanding and use of the System.
Brian Barlows -Technical Operations
Mr.Barlows is responsible for technical systems development.In addition to
project management,he provides invaluable knowledge and skill developed from
over fi^n years of experience in the development and implementation of both PC
and mainframe systems.Computer language experience includes:Assembler,
BASIC,C,Delphi,COBOL,FORTRAN,PL/I,Pascal,and Clipper.
June 19.1998 —
CYCOM Data Systems.Inc.^
D.Implementation and System Cost
Installation Overview
toplementation begins with identifying the unique needs and objectives of the office.Prior to
unplemencation,we will meet with you to discuss current office procedures and the impact of
system implementation.Usmg this information,the Cycom implementation will
strucmre system features and work with you to define how the system will be used in your
department.
The system is then implemented in your environment by experienced Cycom personnel.
Training is provided at your site,using your version of the system.Training is design^to
address the differem needs of departmental staff and their use of the system.
The implementation consists of three major steps:
Pre-installation Activities to understand the distinctive characteristics and operational
environment of the office and then customize system features apH prepare an
implementation plan.
System Installation and Staff Training and initial system use and operation.
FoUow-up,additional training,and assistance with system use and features.
PrE-INSTALLATION ACTIVmES
!•Pre-installation Analysis
A pre-installation survey and analysis is first completed to:
Define procedural and work assignment changes that will result from system
inq>lementation.This also identifies the level and type of training to be given
to differentstaffgroups.
=>Identify and categorize system codes and their relation to existing user codes.
^Identify and adapt to the hardware configuration and operating environment.
These objectives are accomplished through a combination ofquestionnaire style requests for
information and on-site work sessions.The result is a document oudining the custom
installation features,enhancements,and expansions to be made to the basic system.
2.D^onstration System Implementation
taplementing a demonstration version of the basic system during the pre-
implemeniation process:
=>Establishes and proves working directories,drive mappings.
Proves network communications and client/server access.
June 19.1998 "T
CYCOM Data Systems.Inc.
The demonstration version of the system also provides an important tool for pre-
installation work sessions.
System Installation and Staff Training
1.Installation and Testing
Instellation and testing of the system entails placing the system in the live production
environment.Included is inteil^cing with the appropriate operating environment.
2. Staff Training
Training is conducted on-site by Cycom staff.Trainmg is scheduled considering the
day-to-day operations of your Department.
There are three basic levels oftraining.Personnel to be trained at each level are
identified during the pre-implementation process.
Level 1Training addresses the goals of system implementation.This includes an
overview of system design,integration,and use.
Level 2Training provides detailed training for each module of the system.At
this level,hands-on traming and experience is given to small work groups.
Level 3Training provides training for overaU system management functions such
as the maintenance of code tables and the use of telecommunication support
services.
3.Productive System Use
Once training is complete,live system use should begin immediately.Cycom
personnel will be available on-site for ad hoc training and assistance during
system start-up.
Implementation Follow-up
Once the system has been in operation for a period of time,an implementation follow-
up process will:
Provide any special traming required based on the experience gained
during initial operation.
Identify desired future system enhancements and expansions.
June 19.1998 ————
CYCOM Data Systems.Inc.9
Software Support and Maintenance
Software support and maintenance will be provided through telephone consultation and
telecommumcationsuppon.Adial-up line to a network attached workstation must be
available when needed.
Softwaresupport covers:
Any CountyLaw softwarefailure.
Assistance in the recovery from user errors.
Assistance in the recovery from the impact of hardware or operating system failures.
General questions regarding the use of Cycom installed software.
System cost
System cost is shown on the following page.The proposed payment schedule is:
Contract Execution 20%$9,990.00
Installation and Training (all modules)40%19,980.00
System Acceptance (all modules)40%19.980.00
49,950.00
System Maintenance charges take effect three months after System Acceptance.
June IS.1998
CYCOM DataSystems. Inc.
Page 10
Software Support AND Maintenance
Software support and maintenance will be provided through telephone consultation and
telecommunication support.A dial-up line to a network attached workstation must be
available when needed.
Software support covers:
Any CountyLaw software failure.
Assistance inthe recovery from user errors.
Assistance in the recovery from the impact ofhardware or operating system failures.
General questions regarding the use of Cycom installed software.
System cost
System cost is shown on the following page.The proposed payment schedule is:
Contract Execution 20%
Installation and Training (each module)40%
System Acceptance (each module)40%
System Maintenance charges take effect three months after System Acceptance of each
module.These may be combined and prorated to a period ofthe County's choice.
June 19.1998 ^—
CYCOM Data Systems.Inc.
CountyLaw Support System
General System Overview &Tialnlng
System Modules.Functions,Integration
System Navigation.Global Operations,
(Word Processing,Time Entry)
Work Environment Auxiliary Training
Litigation
General User
Key Personnel
Assignments
General User
Key Personnel
File IManagement
General User
Key Personnel
Total
June 19.1998
CYCOM DataSystems.Inc.
Custom Class Number Class
Installation Hours of Classes Cost
4 4 $2,330
4 4 $2,330'
16 1 $1,330
$16,800
4 2 $1,000
4 1 580
$15,800
2 4 $1,160
4 1 580
$6,700
2 1 $420
8 1 920
Annual
$49,950
Page 11
$3,120
$2,980
$1,370
$7,470
FRESNO COUNTY INFORMATION TECHNOLOGY SERVICES
BUDGET SYSTEM
BY ORGANIZATION/CATEGORY
04/21/2011
Run 1
2012 Budget Year
ORG:07100000 County Counsel
Account:7296-Data Processina
0001 CONVERGENT COMMUNICATIONS SERVICES '
Cost Center Rate Units Multiplier Appropriation
332 I-Net Line Charges $16.3354 Per Device 42.00 12 i $8,233
333 I-Net Logon $4.5143 Per Logon Id 29.00 12 $1,571
Application Subtotal $9,804
2600 COUNTY LAW SYSTEM
Cost Center Rate Units Multiplier Appropriation
325 Application Hosting $241.1986 Per Equiv 1.00 12 1 $2,894
331 Info Storage &Admin $10.4628 Per Gigabyte 0.80 12 $101
500 Labor $67.6764 Per Hour 0.10 144 $975
505 Database Labor $67.6764 0.62 144 $6,042
Application Subtotal $10,012
9700 ENTERPRISE CHARGES
Cost Center Rate Units Multiplier Appropriation
Oil i^S Enterprise License $170.76 Per PC 34.00 1 ! $5,806
320 LAN Admin-County $40.1772 Per Device 42.00 12 $20,249
323 Equipment Administration $28,486 Per Device 42.00 12 $14,357
340 Enterprise Base $37.2498 Per Logon Id 27.00 12 $12,069
Application Subtotal $52,481
9715 Equipment Cost
Cost Center Rate Units Multiplier Appropriation
006 PC Rental $17.07 Per PC 34.00 12 '$6,965
Application Subtotal $6,965
9745 HOME DRIVE STORAGE
Cost Center Rate Units Multiplier Appropriation
322 HIPAA Compliant $73.5313 Per Gigabyte 0.09 12 ! $82
331 Info Storage &Admin $10.4628 Per Gigabyte 75.15 12 $9,435
Application Subtotal $9,517
9755 EMAIL STORAGE
Cost Center
331 Info Storage &Admin
Rate
$10.4628 Per Gigabyte
Units Multiplier
8.16 12
Application Subtotal
ORG:07100000 Totals:
Appropriation
$1,025
$1,025
^89.803
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