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A G R E E M E N T
THIS AGREEMENT is made and entered into this _______ day of ___________, 2016
(“Effective Date”), by and between the COUNTY OF FRESNO, a political subdivision of the
State of California, hereinafter referred to as "COUNTY", and Journal Technologies, Inc., a Utah
corporation, whose address is at 915 E. 1st Street, Los Angeles, CA 90012, hereinafter referred
to as "CONTRACTOR." COUNTY and CONTRACTOR may be referred to herein collectively as
“Parties,” or singularly as a “Party.”
R E C I T A L S
WHEREAS, COUNTY desires to purchase software license, installation, training, data
conversion, interfaces and software maintenance and support for a new case management
system, as set forth in the COUNTY’s Request for Proposal (RFP) 208-5325 and all
addendums thereto (collectively, the “RFP”); and
WHEREAS, CONTRACTOR submitted a Response to COUNTY’s RFP No 208-5325 on
February 4, 2015 (“Response”), describing the manner in which the software license, installation,
training, data conversion, interfaces, and software maintenance and support of the software
program eProsecutor from CONTRACTOR, along with professional services from
CONTRACTOR, would meet the stated needs of the COUNTY; and
WHEREAS, COUNTY desires to purchase from CONTRACTOR, and CONTRACTOR
desires to provide to COUNTY, continuous maintenance and support services for eProsecutor,
subject to payment by COUNTY for such services and other terms and conditions set forth
herein; and
WHEREAS, COUNTY and CONTRACTOR desire to execute this Agreement for the
purchase of the right to use the software license, and maintenance and support of eProsecutor
software.
NOW, THEREFORE, for and in consideration of the promises herein, and for other good
and valuable consideration, the Parties agree as follows
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W I T N E S S E T H
I. DOCUMENTS CONSTITUTING AGREEMENT
This Agreement includes COUNTY’s RFP and CONTRACTOR’s Response to COUNTY’s
RFP. The original of COUNTY’s RFP shall be maintained by COUNTY’s Purchasing Division
located at 4525 E. Hamilton Ave, Fresno, CA 93702 and is incorporated herein by reference.
CONTRACTOR’s Response to same is attached hereto as Exhibit A and incorporated herein
by reference. Upon Application Acceptance by the COUNTY (as defined hereinbelow), any
description of the Application or components, requirements, or criteria related thereto, as set
forth in the COUNTY’s RFP and CONTRACTOR’s Response, shall be superseded and
replaced by the Application as accepted by COUNTY at the time of Application Acceptance.
II. DEFINITIONS
The following terms used throughout this Agreement shall be defined as follows:
Acceptance Criteria
Such set of tests and protocols that CONTRACTOR and COUNTY may mutually
develop from time to time hereunder, for the purpose of determining whether a particular
deliverable performs in accordance with a Statement of Work or similar writing agreed to by
the Parties.
Additional Maintenance and Support Services or Additional Maintenance Services:
As defined in Section III.D.
Additional Service Fees:
As defined in Section VII.F.
Annual License and Maintenance Fees:
Annual fees to be paid by COUNTY to CONTRACTOR in accordance with Section VII.A.
Application:
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The Application Software and Application Documentation, collectively. Reference to the
"Application" shall include any component thereof. All modifications and enhancements
to the Application shall be deemed to be part of the Application as defined herein and
shall be subject to all terms and conditions set forth herein. The Application consists of
eProsecutor, which supports the Fresno County District Attorney’s Office, all interfaces,
and third party software required for the Application to function.
Application Acceptance:
When it is determined by COUNTY in its reasonable judgment that a particular
deliverable provided by CONTRACTOR and, if applicable, installed in COUNTY’s
environment pursuant to a particular Statement of Work, performs in accordance with
and conforms to the applicable Acceptance Criteria; provided, however, that whenever
Application Acceptance is required herein, it shall be conclusively deemed to have been
given by COUNTY if COUNTY has not provided written notice to CONTRACTOR prior to
the First Production Use date.
Application Documentation:
The documentation relating to the Application Software and all manuals and other
materials, in each case in electronic form, comprising documentation provided by
CONTRACTOR in connection with the Application Software pursuant to this Agreement.
Application Software:
eProsecutor and eProsecutorPublic, collectively, that certain computer software
described in this Agreement provided by CONTRACTOR, and all interfaces and similar
materials comprising such software. Application Software shall not include operating
system software, third party software, or COUNTY Data.
Application Updates:
As defined in Section III.A.4.
COUNTY’S Contract Administrator:
As defined in Section IV.A
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COUNTY’s Project Coordinator:
As defined in Section IV.A
COUNTY Data:
All information, data, materials, reports, documents, statistics, records used by,
produced by, or stored by the APPLICATION, either directly or indirectly, either
converted or unconverted, that has been provided by COUNTY or on COUNTY’s behalf,
or by any users of the APPLICATION, or derived from any of the above, either prior to
the Effective Date or during the term of this Agreement.
COUNTY System Hardware:
The computers owned or leased by COUNTY on which COUNTY is licensed to use the
Application Software, any back-up equipment for such computers, and any peripheral
hardware such as terminals, printers, and computers as described in this Agreement.
COUNTY System Software:
The operating system and database software installed on the COUNTY System
Hardware.
District Attorney Users:
As defined in Section VII.A.1.
Escrow Agreement:
As defined in Section III.A.7.
First Production Use:
Date of first use of the Application or any portion thereof in a production environment.
Information:
As defined in Section IX.
License:
The license granted pursuant to Section III.A of this Agreement, including the rights and
obligations such License creates under the laws of the United States of America and the
State of California including without limitation, copyright and intellectual property law.
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New Products:
As defined in Section III.F.2.
Public Documentation:
Documentation, if any, associated with the operation of the Public Interfaces.
Public Interfaces:
Portion of the Application Software that is accessible to users outside of COUNTY
consisting of eProsecutorPublic and any other public interfaces provided by
CONTRACTOR.
Statement of Work
An executed document, subject to the terms of this Agreement, that specifies and
describes the planning, execution, completion and scheduling of the tasks and services
mutually agreed to by the Parties pursuant to this Agreement.
Total Users:
As defined in Section VII.A.2.
Unauthorized Access to Source Code:
As defined in Section III.D.2.
User:
User means (a) any individual person, computer terminal or computer system (including,
without limitation, any workstation, pc/cpu, laptop and wireless or network node) in the
COUNTY District Attorney’s Office that has been authorized by COUNTY (through a
username and password) to use the Application, (b) any other government employees
and contractors not in the COUNTY District Attorney’s Office who are performing their
jobs, or a computer terminal or computer system used by such a person, in each case
accessing the Application through its Public Interfaces, or (c) any individual person who
is a member of the general public (including litigants and their attorneys, reporters and
interested citizens, but not government employees or contractors who are performing
their jobs), or a computer terminal or computer system used by such a person, in each
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case accessing the Application through its Public Interfaces at any given time for any
reason (including to file documents electronically or to view information already in or
accessible through the Application).
III. OBLIGATIONS OF THE CONTRACTOR
A) SOFTWARE LICENSE
1) GRANT OF LICENSE
During the term of this Agreement, CONTRACTOR grants to COUNTY and
COUNTY accepts a non-exclusive, non-transferable, personal license to use
Application Software, subject to the terms and conditions set forth in this
Agreement.
2) SCOPE OF LICENSE
The license granted herein shall consist solely of the non-exclusive, non-
transferable, personal right of COUNTY to operate the Application Software in
support of various COUNTY departments, including COUNTY’s District Attorney’s
Office.
3) OWNERSHIP
The Parties acknowledge and agree that, as between CONTRACTOR and
COUNTY, title and full ownership of all rights in and to the Application Software,
Application Documentation, and all other materials provided to COUNTY by
CONTRACTOR under the terms of this Agreement shall remain with
CONTRACTOR. COUNTY shall take reasonable steps to protect trade secrets of
the Application Software and Application Documentation. Ownership of all copies
shall be retained by CONTRACTOR. COUNTY may not disclose or make available
to third parties the Application Software or Application Documentation or any
portion thereof, with the exception of Public Interfaces and Public Documentation.
CONTRACTOR shall own all right, title and interest in and to all corrections,
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modifications, enhancements, programs, derivative works, adaptations, and work
product conceived, created or developed, alone or with COUNTY or others, as a
result of or related to the performance of this Agreement, including all proprietary
rights therein and based thereon. Except and to the extent expressly provided
herein, CONTRACTOR does not grant to COUNTY any right or license, express or
implied, in or to the Application Software and Application Documentation or any of
the foregoing. The Parties acknowledge and agree that, as between
CONTRACTOR and COUNTY, full ownership of all rights in and to all COUNTY
Data, whether in magnetic or paper form, including without limitation printed output
from the Application, are the exclusive property of COUNTY.
4) POSSESSION, USE AND UPDATE OF SOFTWARE
COUNTY agrees it shall use the Application Software for its own internal
purposes, with the exception of Public Interfaces, which COUNTY may use and
have members of the public use in accordance with the Public Documentation.
CONTRACTOR may create, from time to time, updated versions of the Application
Software and Application Documentation. (“Application Updates”). CONTRACTOR
shall make such Application Updates available to COUNTY. All Application Updates
shall be licensed in the same manner, and subject to the same terms and
conditions, as the Application Software and Application Documentation. COUNTY
agrees to follow the prescribed instructions for updating Application Software and
Application Documentation provided to COUNTY by CONTRACTOR.
5) TRANSFER OF SOFTWARE
COUNTY shall not rent, lease, license, sublicense, distribute, sell, transfer,
or assign this License or any of its rights to the Application Software or the
Application Documentation, with the exception of Public Documentation which may
be accessed and used by third parties, or any of the information contained therein
other than COUNTY Data, to any other person or entity, whether on a permanent or
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temporary basis, and any attempt to do so shall constitute a breach of this
Agreement. No right or license is granted under this Agreement for the use or other
utilization of the licensed programs, directly or indirectly, for the benefit of any other
person or entity, except as provided in this Agreement.
6) POSSESSION AND USE OF SOURCE CODE
Source code and other material that result from custom programming by
CONTRACTOR delivered to COUNTY under this License shall be deemed
CONTRACTOR Application Software subject to all of the terms and conditions of
the software license set forth in this Agreement. The scope of COUNTY’s permitted
use of the custom source code under this license shall be limited to maintenance
and support of the Application Software. For purposes of this Section III.A.6, the
term “maintenance and support” means correction of Application Software errors
and preparation of Application Software modifications and enhancements. If
COUNTY independently creates computer code that is complementary to the
Application Software but is not in any way derivative of the Application Software,
the new code shall be owned by COUNTY, shall not be deemed to be Application
Software as such term is used herein, and may be used by COUNTY’s employees,
officers, or agents for COUNTY’s own internal business operations. However, if
COUNTY’s enhancement results in the creation of a derivative work from the
Application Software, it being acknowledged by COUNTY that the creation of a
derivative work from the Application Software is expressly forbidden herein, the
copyright and other intellectual property rights to such derivative work shall be
owned by CONTRACTOR.
7) SOURCE CODE ESCROW
On or before the date of First Production Use, CONTRACTOR shall place a
copy of the source code for the Application Software into escrow pursuant to the
Software Escrow Agreement executed between CONTRACTOR and escrow agent
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InnovaSafe, Inc., (“Escrow Agreement”), an executed copy of which is attached
hereto as Exhibit B. CONTRACTOR further agrees that on or before the date of
First Production Use, COUNTY shall be named as a beneficiary under the Escrow
Agreement, at which time COUNTY’s Contract Administrator shall execute the
Beneficiary Acknowledgement Form attached to the Escrow Agreement.
CONTRACTOR shall pay the Annual Beneficiary Fee to InnovaSafe, Inc. as
provided in the Escrow Agreement and provide verification of the payment to
COUNTY within thirty (30) days. CONTRACTOR agrees to release the Deposit
referenced in the Escrow Agreement to COUNTY pursuant to the conditions set
forth in the Escrow Agreement. CONTRACTOR shall improve, add to, or otherwise
modify the source code deposited into escrow prior to or near the time any
modifications of the software are available to any of CONTRACTOR’s customers.
CONTRACTOR shall be responsible for all payments owed to the escrow agent.
8) RESTRICTIONS ON USE:
In addition to any other restrictions on use of the Application set forth herein,
COUNTY shall not modify or make derivative works based upon the Application
Software or the Application Documentation.
9) INTELLECTUAL PROPERTY, TRADEMARK AND COPYRIGHT
CONTRACTOR retains ownership of the Application Software, any portions or
copies thereof, and all rights therein. CONTRACTOR reserves all rights not
expressly granted to COUNTY. This License does not grant COUNTY any rights in
connection with any trademarks or service marks of CONTRACTOR, its suppliers
or licensors. All right, title, interest and copyrights in and to the Application Software
and the accompanying Application Software Documentation and any copies of the
Application Software are owned by CONTRACTOR, its suppliers or licensors. All
title and intellectual property rights in and to the content which may be accessed
through use of the Application Software are the property of the respective content
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owners and may be protected by applicable copyright or other intellectual property
laws and treaties. This License grants COUNTY no rights to use such content.
B) SERVICES TO BE PROVIDED BY CONTRACTOR TO COUNTY
1) APPLICATION INSTALLATION
CONTRACTOR shall supply and install eProsecutor in accordance with this
Agreement and any Statement of Work. Such software installation shall include
hardware/network review and recommendations, consultation, software installation
and remote technical support. CONTRACTOR shall be present onsite at the
COUNTY for the initial installation and testing of the Application at no additional
cost to COUNTY. In no event shall CONTRACTOR be responsible for providing
any hardware, accessories, and appliances necessary to enable the installation of
the Application.
2) TRAINING
CONTRACTOR shall provide unlimited implementation training through the
date of First Production Use in the manner expressly set forth in CONTRACTOR’s
Response. This shall include “train-the-trainer” training of COUNTY staff at
COUNTY-designated locations within the County of Fresno and during normal
business hours, in each case approved in writing by COUNTY, at no additional cost
to COUNTY.
3) DOCUMENTATION
Prior to the First Production Use, CONTRACTOR shall provide to COUNTY
eProsecutor Application Documentation, which shall consist of electronic media
files and shall be made available through the Application itself. The electronic
media files must be printable using computer software normally available at
COUNTY. At COUNTY’s reasonable request, CONTRACTOR shall provide new
Application Documentation corresponding to all new Software Upgrades. COUNTY
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may print additional copies of all documentation. All Application Documentation is to
be used by COUNTY only for the purposes identified within this Agreement.
4) STATEMENT OF WORK
a. Timeline.
Following the Effective Date, CONTRACTOR and COUNTY shall
cooperate with each other to prepare a mutually agreeable Statement
of Work within four (4) weeks following the Effective Date (or such other
period agreed upon between the Parties in writing). If no Statement of
Work can be agreed upon during the time period prescribed herein or
such other mutually agreed upon period, CONTRACTOR and COUNTY
shall then meet at intervals of not more than once every two (2) weeks
(or such other period agreed upon between the Parties in writing) in
order to reach agreement on a Statement of Work. The Statement of
Work shall be executed by the COUNTY’s Project Coordinator (as
defined in Section IV.A) and CONTRACTOR’s authorized
representative.
b. Contents
The Statement of Work shall specify (i) the functionalities of the
Application and the assignment of implementation and configuration
responsibilities to each of the Parties, and (ii) the project
implementation agenda and project work plan, in a form agreed upon
by the Parties.
c. Changes to the Statement of Work
Any changes to the Statement of Work shall be effective only if set forth
in a written amendment to the Statement of Work and agreed upon by
both Parties through their authorized representatives. Upon a request
to make a change to the Statement of Work by either Party, the other
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Party shall explain to the requesting Party the feasibility of a change,
the impact of a change on the Application and the implementation
schedule, and any resource requirements.
d. Subsequent Statement of Work
During the term of this Agreement, COUNTY may request
CONTRACTOR to provide services not otherwise provided in the
Statement of Work and shall submit a reasonably detailed request to
CONTRACTOR for such services. Following receipt of such a request,
COUNTY and CONTRACTOR shall reasonably cooperate to agree
upon a proposed “Subsequent Statement of Work” that is mutually
satisfactory to both COUNTY and CONTRACTOR in each Party’s sole
and absolute discretion.
5) STATUS REPORTING
Each of COUNTY and CONTRACTOR shall provide written bi-weekly status
reports to the other Party.
6) STATUS MEETINGS
CONTRACTOR shall be available for bi-weekly status meetings with
COUNTY via conference call or on-site at COUNTY locations.
C) APPLICATION MAINTENANCE AND SUPPORT BY CONTRACTOR
Application maintenance and support includes Application Updates as they are
released by CONTRACTOR. Application maintenance and support excludes updates
required as a result of regulatory changes. If an error is categorized as “Critical"
(meaning an error for which there is no workaround and which causes data loss, affects a
mission critical task or poses a possible security risk that could compromise the system),
CONTRACTOR shall provide a solution through a service release as soon as possible.
CONTRACTOR shall have no obligation to provide any Application maintenance and
support in any version of the Application Software other than the current version, with the
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exception of any Critical error, for which a service release shall be provided for the most
recent previous version as well. CONTRACTOR shall thereafter support day-to-day
operation of the Application as follows:
1) SUPPORT HOURS/SCOPE:
During the term of this Agreement, CONTRACTOR shall provide access to
technical assistance for the Application during the hours of 6:00 a.m. to 6:00 p.m.
Mountain Standard Time (MST) or Mountain Daylight Time (MDT), as applicable,
Monday through Friday (For purposes of this Agreement, “Support”).
CONTRACTOR shall provide such Support by means of a toll-free telephone
number, email, or online chat assistance or, with respect to the eProsecutor API,
via the API Support Internet Forum. COUNTY shall designate one or more
Application Administrators, each of whom shall be an employee or contractor of
COUNTY, and shall notify CONTRACTOR in writing of the initial list of designated
Application Administrators before making Support requests, as well as any changes
to the list of designated Application Administrators promptly after making such
changes. Only a designated Application Administrator may request Support. It is
the responsibility of COUNTY to instruct Users to route support requests through
the Application Administrator. No Support shall be provided with respect to any
request made by a person who is not an Application Administrator. The purpose of
this Support shall be to answer specific questions related to the Application,
diagnose and resolve technical issues arising out of the use of the Application, and
correct problems or performance deficiencies with the Application. In no event does
any Support provided under this Agreement include support for (a) any error
caused by hardware, network infrastructure, operating system problems; (b)
operator errors related to processes, interfaces, or other software; (c) the operation
of hardware; or (d) solving other hardware/software problems unrelated to the
Application Software.
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2) SUPPORT RESPONSE:
During the term of this Agreement, CONTRACTOR shall use all reasonable
diligence to correct all verifiable and reproducible errors or malfunctions in the
Application reported to CONTRACTOR and shall, after verifying that such error or
malfunction exists, work in a diligent manner toward development of a solution.
CONTRACTOR shall provide COUNTY with corrective documentation
and/or programs as may be necessary in CONTRACTOR’s sole discretion.
CONTRACTOR shall deliver an initial response to COUNTY's service request no
later than four (4) business hours (within the business hours set forth in Section
III.C.1) after a call has been received by CONTRACTOR.
3) REMOTE VIRTUAL PRIVATE NETWORK (VPN) DIAGNOSTICS
During the term of this Agreement, CONTRACTOR shall provide remote
VPN Diagnostics Support as follows:
a. Diagnostic or corrective actions necessary to restore eProsecutor
operation;
b. Diagnostic actions which attempt to identify the cause of an Application
problem;
c. Correction of data file problem; and
d. eProsecutor modifications
CONTRACTOR product specialists shall provide diagnostics via VPN on
eProsecutor. COUNTY shall provide any required VPN access accounts necessary
at COUNTY for CONTRACTOR VPN support.
4) ERROR CORRECTION PROCESS:
If during the term of this Agreement COUNTY determines that software
error(s) exist, COUNTY shall first follow the error procedures specified in the
Application Documentation. If following the error procedures does not correct the
software error, COUNTY shall immediately notify CONTRACTOR, setting forth the
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defects noted with specificity. Upon notification of a reported software error,
CONTRACTOR shall provide a solution as soon as practicable. If CONTRACTOR
determines that a solution shall require more than one day to resolve,
CONTRACTOR shall notify COUNTY immediately with a time estimate for
completion, it being understood that such an estimate is not a guarantee.
5) TECHNICAL INFORMATION
CONTRACTOR shall provide technical information to COUNTY from time to
time. Such information may cover areas such as eProsecutor usage, third party
software, and other matters considered relevant to COUNTY by CONTRACTOR.
Technical information shall be provided at the reasonable discretion of
CONTRACTOR.
D) ADDITIONAL APPLICATION MAINTENANCE SERVICES BY CONTRACTOR
CONTRACTOR may provide additional maintenance services (“Additional
Maintenance and Support Services” or “Additional Maintenance Services”) at an additional
charge. All charges for Additional Maintenance and Support Services shall be at rates
identified in a Subsequent Statement of Work. Any Additional Maintenance and Support
Services requested by COUNTY and determined by CONTRACTOR to be billable by
CONTRACTOR must be identified as a chargeable service prior to the service being
performed and must be approved in writing in advance by COUNTY’s Project Coordinator.
Additional Maintenance Services include, but are not limited to, the following:
1) ADDITIONAL TRAINING
CONTRACTOR shall provide training through the First Production Use as
specified in this Agreement. Additional training at a COUNTY facility within the
County of Fresno or at another location approved by CONTRACTOR is available
upon request by COUNTY at an additional charge under the terms of a Subsequent
Statement of Work. Requests for additional training shall be requested in writing in
advance by COUNTY’s Project Coordinator.
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2) UNAUTHORIZED ACCESS CORRECTIONS
Unauthorized Access Corrections include any corrective actions
accomplished by CONTRACTOR on-site or via VPN which are necessary due to
unauthorized access to source code or unauthorized access to data by COUNTY.
Unauthorized access to the data is defined as any COUNTY editing of data through
other than normal system usage as defined in Application Documentation.
“Unauthorized Access to Source Code” is defined as any COUNTY access
whatsoever to Application source code.
3) CUSTOMER SITE VISITS
Site visits to COUNTY sites, as may be requested in writing by COUNTY
and that are within the scope of the project services, are available for reasons such
as, but not limited to, (1) additional Application training on hardware or software
usage; (2) resolution of Application difficulties not resulting from actions by, or
otherwise the responsibility of CONTRACTOR (as determined by mutual
agreement between CONTRACTOR and COUNTY); and (3) installation of Software
Releases. Site visits outside of the scope of project services shall be reviewed by
the CONTRACTOR and must be requested in writing in advance by COUNTY’s
Project Coordinator.
4) CUSTOM PROGRAMMING
Requests for supplemental programming or customization of Application
features not covered under this Agreement are available to COUNTY. Such
requests shall be reviewed by CONTRACTOR and must be requested in writing in
advance by the COUNTY’s Contract Administrator.
E) CONTRACTOR PROJECT COORDINATOR
Upon execution of this Agreement, CONTRACTOR shall appoint a Project
Coordinator who shall act as the primary contact person to interface with COUNTY for
implementation, maintenance and support of Application Software.
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F) APPLICATION UPDATES AND NEW PRODUCTS
1) APPLICATION UPDATES
From time to time CONTRACTOR shall develop and provide Application
Updates to COUNTY for the COUNTY’S licensed Application Software. Application
Updates shall be subject to the terms and conditions of this Agreement and shall be
deemed licensed Application Software hereunder and shall be made available to
COUNTY at no additional charge to COUNTY. Application Updates shall be made
available to COUNTY at the reasonable discretion of CONTRACTOR.
2) NEW PRODUCTS
CONTRACTOR may from time to time release new software with capabilities
substantially different from or greater than the Application Software ("New
Products") and which therefore do not constitute Application Updates. These New
Products shall be made available to COUNTY at a cost not to exceed
CONTRACTOR‘s then standard rates for customers similarly situated.
G) OPERATING SYSTEM UPDATES
The Application must run on a client operating system that is currently supported by
the operating system vendor. The COUNTY shall apply patches to both the client
operating system and security subsystems on COUNTY computers as releases are
available from operating system vendors.
In order to support a secure environment, the Application must run on the latest
supported release of Internet Explorer, Edge and Chrome, as well as any required third
party software, such as JAVA, Flash, etc. If the Application is running on the most recent
previous version of Internet Explorer, Edge, Chrome, or any required third party software,
CONTRACTOR will provide Support only for Critical errors. COUNTY shall actively run
anti-virus management on all COUNTY computers. The Application is expected to perform
adequately while anti-virus management is active.
In the event COUNTY notifies CONTRACTOR of the release of a critical security
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patch, CONTRACTOR shall have 30 days to ensure the Application can perform in the
updated environment. The Application is expected to perform in this environment.
CONTRACTOR is expected to keep their software current in order to operate in this
environment. These patches include critical operating system updates and security
patches.
H) OTHER
Unless otherwise specified, for third party software, CONTRACTOR shall provide
standard documentation in electronic form (via the Internet or File Transfer Protocol
(FTP)).
IV. OBLIGATIONS OF THE COUNTY
A) COUNTY CONTRACT ADMINISTRATOR AND PROJECT COORDINATOR
COUNTY appoints its Director of Internal Services/Chief Information Officer or his
or her designee, as COUNTY's Contract Administrator with full authority to deal with
CONTRACTOR in all matters concerning this Agreement. Upon execution of this
Agreement, COUNTY shall designate one or more individuals who shall function as
Project Coordinator(s) with responsibility for day-to-day management of the project for
implementation of eProsecutor and any deliverables provided by CONTRACTOR under
this Agreement. COUNTY shall notify CONTRACTOR in writing of such individual or
individuals.
B) SAFEGUARDING APPLICATION SOFTWARE
COUNTY shall follow its reasonable practices to safeguard Application Software
delivered to COUNTY by CONTRACTOR. A copy of COUNTY’S “Information Technology
(IT) Standards and Preferences” shall be made available to CONTRACTOR upon request.
C) ACCEPTANCE TESTING AND FIRST PRODUCTION USE
Prior to the date of First Production Use, COUNTY shall determine that Application
Acceptance has occurred in accordance with the definition of Application Acceptance.
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COUNTY shall notify CONTRACTOR of when First Production Use shall occur at least
two weeks prior to such date.
D) ACCEPTANCE TESTING PROCESS
Following delivery and installation of the Application, CONTRACTOR shall test
eProsecutor along with COUNTY personnel.
E) FACILITIES AND PREPARATION
COUNTY shall at its own expense provide all necessary labor and materials for site
preparation, electrical services, and cabling required for installation of the Application.
COUNTY shall receive the Application Software and shall follow instructions provided by
CONTRACTOR to load it on COUNTY’s System Hardware to prepare the Application for
processing.
F) SYSTEM HARDWARE AND SYSTEM SOFTWARE
COUNTY shall at its own expense provide and properly maintain and update on an
on-going basis all necessary COUNTY System Software and COUNTY System Hardware
required to operate eProsecutor. Said COUNTY System Software and COUNTY System
Hardware shall meet or exceed CONTRACTOR’s recommendations.
As part of COUNTY’s responsibility for computer infrastructure, COUNTY is
responsible for ensuring that data is secure and protected at all times. CONTRACTOR is
not responsible for and cannot be held liable for inadvertent data disclosure or data theft
from COUNTY facilities.
G) OTHER COUNTY OBLIGATIONS
1) Technical assistance from COUNTY IT staff shall be provided during the
performance of the installation of the Application Software.
2) COUNTY shall provide:
a. Network connectivity and troubleshooting assistance.
b. Ability to monitor network traffic and isolate bottlenecks.
c. Technical assistance concerning the integration with existing COUNTY
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systems (if applicable).
d. Expertise to handle issues with Computers, printers, and cabling
before, during, and after rollout.
H) Payment Obligations
COUNTY shall pay CONTRACTOR in accordance with Section VII.
V. TERM
This Agreement shall commence on the Effective Date and, unless sooner
terminated as provided below, shall terminate seven (7) full years from the Effective Date.
VI. TERMINATION
A) NON-ALLOCATION OF FUNDS
The terms of this Agreement, and the services to be provided thereunder, are
contingent on the approval of funds by the appropriating government agency. Should
sufficient funds not be allocated, the services provided may be modified or this Agreement
terminated at any time by giving CONTRACTOR thirty (30) days advance written notice .
Pursuant to this Section VI – A, COUNTY shall promptly remit payment for all deliverables
delivered and services rendered up to and as of the date of such termination.
B) BREACH OF CONTRACT
The COUNTY may immediately suspend or terminate this Agreement in whole or in
part, where in the determination of the COUNTY there is:
1) A material failure to comply with any term of this Agreement, which failure
continues for a period of thirty (30) days after written notice thereof by COUNTY
to CONTRACTOR; or
2) A report required to be submitted to COUNTY by CONTRACTOR is
substantially incorrect or incomplete and CONTRACTOR fails to correct the
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report within thirty (30) days after written notice of the specific incorrect or
incomplete items by COUNTY to CONTRACTOR.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY
of any breach of this Agreement or any default which may then exist on the part of the
CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to
the COUNTY with respect to the breach or default.
CONTRACTOR may, upon thirty (30) days prior written notice to COUNTY,
terminate this Agreement if COUNTY fails to comply with any material term or condition of
this Agreement unless COUNTY cures such failure within such thirty (30) day period, or
other such timeframe as may be mutually agreed upon in writing by the Parties.
C) WITHOUT CAUSE
Under circumstances other than those set forth above, this Agreement may be
terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
intention to terminate to CONTRACTOR. Upon termination by COUNTY under this
Section VI.C, COUNTY agrees to pay CONTRACTOR in full for all deliverables delivered
and services rendered up to and as of the date of such termination.
D) In the event this Agreement is terminated by COUNTY, any prorated Annual
License and Maintenance Fees previously paid by COUNTY to CONTRACTOR for the
current year beyond the termination date shall be returned to COUNTY within 45 days of
the date of termination.
VII. COMPENSATION / INVOICING
COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
compensation as follows:
A) ANNUAL LICENSE AND MAINTENANCE FEES:
1) DISTRICT ATTORNEY USERS
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Annual License and Maintenance Fees are to be determined by the number of
Users described in subsection (a) of the definition of User (“District Attorney
Users”), which shall be determined for purposes of calculating the Annual
License and Maintenance Fees as of the First Production Use date and each
anniversary of that date during the term of this Agreement. COUNTY may
increase the number of District Attorney Users at any time upon written notice to
CONTRACTOR, which shall be promptly followed by payment reflecting the
increased Annual License and Maintenance Fees pro-rated for any partial year.
COUNTY may reduce the number of District Attorney Users, but such reduction
shall only become effective as of the First Production Use date (if such date has
not occurred yet) or as of the next anniversary of the First Production Use date,
provided that COUNTY has provided CONTRACTOR written notice of such
reduction sixty (60) days prior to the applicable effective date of such reduction.
2) UNLIMITED USE OF ePROSECUTORPUBLIC
CONTRACTOR shall provide access to eProsecutorPublic to Users who are
members of the public, criminal defense attorneys and other government
agencies. As compensation for this service, for each District Attorney User, an
additional thirty percent (30%) shall be deemed to be added to the number of
Annual District Attorney Users. The number of District Attorney Users plus
these additional Users shall constitute the total number of Users (“Total Users”).
The number of additional Users shall change concurrently with any change in
the number of District Attorney Users in accordance with Section VII.A.1.
3) ANNUAL FEE STRUCTURE
The annual fee for the first fifty (50) Total Users shall be $1,000 per user. The
annual fee for the next fifty (50) Total Users shall be $800 per user. The annual
fee for the next one-hundred (100) Total Users shall be $700 per user. Any
additional Total Users over two-hundred (200), but less than 500, shall be
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charged $500 per user. This Annual Fee Structure is represented in the table
below:
User Group Users in Group Per User Total
1-50 50 $1,000 $50,000
51-100 50 $800 $40,000
101-200 100 $700 $70,000
201-500 300 $500 $150,000
501-800 300 $500 $150,000
4) CURRENT FEE ESTIMATE
It is estimated that there shall be two-hundred and eighty (280) Annual District
Attorney Users at the time of First Production Use. With the addition of the thirty
percent (30%) for unlimited use of eProsecutorPublic, there shall be an
estimated three-hundred and sixty four (364) Total Users. It is estimated that
the initial Annual License and Maintenance Fee shall be $242,000. It is
understood between CONTRACTOR and COUNTY that the number of Total
Users may change prior to First Production Use and that the Annual License
and Maintenance Fee may be recalculated based on the number of Total Users
as of the First Production Use date.
B) ONE-TIME FEES FOR INSTALLATION, TRAINING, AND PROJECT
MANAGEMENT
1) Professional Services which include unlimited implementation training:
a. Implementation Services, Including Expenses $350,000.00
b. Data Conversion and Interfaces Cost Breakdown:
Data Conversion: Cost:
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STAR Data and Documents, STAR
Security Database, Access Databases,
Word Documents, and Excel
Spreadsheets as identified in RFP.
$100,000.00
Interfaces: Cost:
Law Enforcement Interfaces:
Initial Arrest Data, PDF Arrest
Documents and photos, audio and/or
video images. Subpoena Service
including replacement of existing FPD
Interface, District Attorney to Law
Enforcement Agency for “No Charges
Filed” Reasons.
Fresno Police Department 15,000
Clovis Police Department 15,000
Fresno Sheriff’s Office 15,000
Court (Tyler) Interfaces: 60,000
eFiling
Demographics, Charging Data,
Charging Document
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Bail Amount -
Motion Filings -
Event
Court Case #, Dates, Parties,
Disposition by Charge, Sentencing
by Charge
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Minutes Order Document -
Event Related Documents -
Probation Violations -
SmartJustice Interface $20,000
Total Cost For Interfaces: $125,000.00
Total Cost for Data Conversion and
Interfaces:
$225,000.00
Total one-time fees $ 575,000.00
C) NOT TO EXCEED AMOUNT FOR ONE-TIME FEES
It is understood and agreed that the dollar figures listed hereinabove for
implementation services, data conversion and interface one-time fees include applicable
taxes which may be subject to change during the period for scheduled payments. In no
event shall one-time fees for implementation services, data conversion and interfaces
performed under this Agreement exceed $575,000.00. This fee shall include any and all
applicable taxes. The COUNTY hereby verifies that it is exempt from Federal excise taxes
and is not subject to any California or other State or Local sales or use taxes. If COUNTY
is not exempt from any such taxes or otherwise becomes subject to such taxes at any time
in the future, COUNTY shall be responsible for the payment of such taxes.
D) PAYMENT SCHEDULE
1) ANNUAL LICENSE AND MAINTENANCE FEE
Annual License and Maintenance Fees listed in Section VII.A shall be paid following
Application Acceptance and prior to First Production Use, and thereafter, prior to
each one year anniversary of First Production Use during the term of this
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Agreement. Notwithstanding the foregoing, if this Agreement is set to expire or
terminate during the year immediately following First Production Use or any
applicable anniversary thereof, and any required notice of termination has been
given prior to First Production Use or prior to any such applicable anniversary
thereof pursuant to Section VI above, COUNTY shall not be obligated to pay the full
Annual License and Maintenance Fee for that year. Instead, COUNTY shall only
pay CONTRACTOR a prorated Annual License and Maintenance Fee, prorated
through the specified date of termination.
2) IMPLEMENTATION SERVICE FEES, INCLUDING EXPENSES BY
CONTRACTOR
Fees for Implementation Services listed in Section VII.B above shall be paid
following Application Acceptance and prior to First Production Use.
There shall be no implementation fees other than those outlined in Section VII.B of
this Agreement. There shall be no progress payments for the Implementation
Services.
3) DATA CONVERSION FEES
Data Conversion Fees listed in Section VII.B above shall be paid in two separate
fifty percent (50%) payments. Upon written notice to proceed by the COUNTY’s
Project Coordinator with the data conversion as provided in the Statement of
Work, COUNTY shall pay CONTRACTOR for fifty percent (50%) of the Data
Conversion Fee. Following Application Acceptance and prior to First Production
Use, COUNTY shall pay CONTRACTOR the remaining fifty percent (50%) of the
Data Conversion Fee.
4) INTERFACE COSTS
CONTRACTOR agrees to deliver to COUNTY all interfaces listed in Section VII.B if
COUNTY delivers to CONTRACTOR a written notice to proceed on or prior to the
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date that is three months following the date of First Production Use (the “Interface
Deadline”).
Upon written notice to proceed, delivered by the COUNTY’s Project Coordinator
prior to the Interface Deadline, COUNTY shall pay CONTRACTOR for fifty percent
(50%) of the total cost of each interface identified next to such interface in Section
VII –B (the “Allocable Interface Cost”). Prior to the first use of such interface in
production environment, COUNTY shall pay CONTRACTOR the remaining fifty
percent (50%) of the Allocable Interface Cost of each such interface.
It is understood between CONTRACTOR and COUNTY that unless
CONTRACTOR receives a written notice to proceed on the first installation of a
particular interface item prior to the Interface Deadline, CONTRACTOR will not
receive the Allocable Interface Cost for that interface item. It is further
understood that the Allocable Interface Costs for the interfaces listed in Section
VII. B. above shall remain in effect on the condition that CONTRACTOR receives
a written notice to proceed on or prior to the Interface Deadline and shall be
guaranteed until such period, after which CONTRACTOR shall be entitled to
adjust in its sole and absolute discretion the Allocable Interface Cost of any
interface for which CONTRACTOR has not received a written notice to proceed.
CONTRACTOR does not provide maintenance and Support for the interfaces as
part of the Annual License and Maintenance Fees. Any requests by COUNTY to
CONTRACTOR for additional services with respect to said Support, shall be
subject to a Subsequent Statement of Work.
Interface Support shall be the responsibility of COUNTY. CONTRACTOR shall
cooperate with COUNTY to provide any documentation or other information
reasonably requested by COUNTY so that COUNTY can provide said Support.
E) FEE CHANGES
At each anniversary of the First Production Use date, the Annual License and
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Maintenance Fees including additional license/service fees, shall automatically increase
by the year-over-year percentage increase in the Consumer Price Index, All Urban
Consumers (CPI-U) for the West Region calculated for the month prior to the month in
which notice is given hereunder, not to exceed four percent (4%).
CONTRACTOR warrants to COUNTY that for the term of this Agreement, the Annual
License and Maintenance Fees and other charges for the Licenses and services provided
under this Agreement, taken as a whole, shall be no greater than the fees it charges or
would charge for substantially identical services and products to other customers in the
United States of a comparable nature for products supplied under similar terms and
conditions and in similar circumstances to those reflected in this Agreement, taking into
account all the circumstances of this Agreement including the product, support, and the
term of the Agreement. If COUNTY establishes a violation of the foregoing warranty,
COUNTY shall be entitled to recover from CONTRACTOR an amount equal to any
difference between the amounts charged under this Agreement, and the amounts found to
have been charged to other comparable customers for substantially identical services and
products, etc., from the time they were so charged to the others, and shall have no other
remedy.
F) ADDITIONAL SERVICE FEES:
Any fees for optional, additional services, including Additional Maintenance Services,
and software (“Additional Service Fees”) shall be provided pursuant to the terms of a
Subsequent Statement of Work. Additional Service Fees shall only be paid to
CONTRACTOR if any such services set forth hereinabove are performed by
CONTRACTOR upon COUNTY’s written request. Such optional additional services may
be provided at any time during the term of this Agreement.
G) INVOICING
For each payment obligation described in this Agreement (including but not limited to
Section VII), CONTRACTOR shall submit invoices (which must reference the provided
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contract number) via mail to the County of Fresno District Attorney, 2220 Tulare Street,
Suite 1000, Fresno, CA 93721. COUNTY shall pay CONTRACTOR within forty-five (45)
days of receipt of an approved invoice, by mail addressed to CONTRACTOR’s remittance
address at 915 E. 1st Street, Los Angeles, CA 90012.
H) TOTAL CONTRACT AMOUNT
In no event shall services performed under this Agreement be in excess of
$2,236,537.00 during the entire term of this Agreement. Attached hereto as Exhibit D is a
worksheet showing the manner in which such total contract amount was calculated. It is
understood that all expenses incidental to CONTRACTOR'S performance of services
under this Agreement shall be borne by CONTRACTOR.
VIII. INDEPENDENT CONTRACTOR:
In performance of the work, duties and obligations assumed by CONTRACTOR under
this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and
all of the CONTRACTOR'S officers, agents, and employees shall 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 venturer, partner, or associate of the COUNTY.
Furthermore, COUNTY shall have no right to control or supervise or direct the manner or
method by which CONTRACTOR shall perform its work and function. However, COUNTY shall
retain the right to administer this Agreement so as to verify that CONTRACTOR is performing
its obligations in accordance with the terms and conditions thereof.
CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the
rules and regulations, if any, of governmental authorities having jurisdiction over matters the
subject thereof.
Because of its status as an independent contractor, CONTRACTOR shall have absolutely
no right to employment rights and benefits available to COUNTY employees. CONTRACTOR
shall be solely liable and responsible for providing to, or on behalf of, its employees all
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legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
save COUNTY harmless from all matters relating to payment of CONTRACTOR'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, CONTRACTOR may be
providing services to others unrelated to the COUNTY or to this Agreement.
IX. CONFIDENTIALITY
A Party receiving “Information” (as defined hereinbelow) of the other recognizes that
such Information is confidential and proprietary and agrees not to disclose such Information to
any third party without the prior written consent of the other Party, which may be granted or
withheld in such Party’s sole and absolute discretion. The Party receiving Information shall not
use such Information for a purpose inconsistent with the terms of this Agreement. “Information”
means the Application, Documentation and all information and intellectual property related
thereto (including, but not limited to all databases provided to COUNTY by CONTRACTOR
whether created by CONTRACTOR or its third party licensors such as, without limitation, the
mapping product databases) as well as information related to the business of CONTRACTOR
or COUNTY. Information shall not include: (i) information publicly known prior to disclosure; (ii)
information coming into the lawful possession of the recipient by a third party without any
confidentiality obligation; and (iii) information required to be disclosed pursuant to law or any
regulatory action or court order, provided adequate prior written notice of any request to
disclose is given to the Party whose information is to be disclosed. Each Party shall exercise at
least the same degree of care to safeguard the confidentiality of the other’s Information as it
does to safeguard its own proprietary confidential information, but not less than a reasonable
degree of care. In the event a Party breaches any of its obligations under this Section IX, the
breaching party shall indemnify, defend and hold harmless the non-breaching party from and
against any and all losses, liabilities, damages, causes of action, claims, demands, and
expenses (including reasonable legal fees and expenses) incurred by the non-breaching party
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arising out of such breach. In addition, the non-breaching party shall be entitled to obtain
injunctive relief against the breaching party.
X. MODIFICATION
Any matters of this Agreement may be modified from time to time by the written consent
of all the Parties without, in any way, affecting the remainder.
XI. NON-ASSIGNMENT
Neither party shall assign, transfer or sub-contract this Agreement nor their rights or
duties under this Agreement without the prior written consent of the other party; provided that
CONTRACTOR is permitted to engage consultants who act as regular staff enhancements to
CONTRACTOR.
XII. HOLD HARMLESS & LIMITATION OF LIABILITY
CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request,
defend the COUNTY, its officers, agents, and employees from any and all costs and expenses,
damages, liabilities, claims, and losses occurring or resulting to COUNTY from the negligence or
willful misconduct of CONTRACTOR, its officers, agents, or employees in their performance of,
or failure to perform, obligations under this Agreement, and from any and all costs and expenses
including attorney’s fees and court costs, damages, liabilities, claims, and losses occurring or
resulting to any person, firm, or corporation who may be injured or damaged by negligence or
willful misconduct of CONTRACTOR, its officers, agents, or employees in their performance of
obligations under this Agreement.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL
OR CONSEQUENTIAL DAMAGES OR LOSS OF ANTICIPATED PROFITS IN CONNECTION
WITH OR ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT.
FURTHERMORE, COUNTY’S TOTAL LIABILITY WITH RESPECT TO CLAIMS ARISING
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OUT OF THE SUBJECT MATTER OF THIS AGREEMENT SHALL NOT EXCEED, IN THE
AGGREGATE, THE TOTAL AMOUNT OF FEES PAYABLE HEREUNDER TO
CONTRACTOR. IN NO EVENT SHALL CONTRACTOR’S TOTAL LIABILITY WITH
RESPECT TO CLAIMS ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT
EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT OF FEES PAID HEREUNDER TO
CONTRACTOR FOR THE FIRST FIVE-YEARS OF THE LICENSE TERM.
XIII. INSURANCE
Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any
third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the
following insurance policies throughout the term of the Agreement:
A) COMMERCIAL GENERAL LIABILITY
Commercial General Liability Insurance with limits of not less than One Million Dollars
($1,000,000) per occurrence and an annual aggregate of Two Million Dollars
($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY may
require specific coverages including completed operations, products liability, contractual
liability, Explosion-Collapse-Underground, or fire legal liability.
B) AUTOMOBILE LIABILITY
Comprehensive Automobile Liability Insurance with limits for bodily injury of not less
than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred
Thousand Dollars ($500,000.00) per accident and for property damages of not less than
Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five
Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-
owned vehicles used in connection with this Agreement.
C) PROFESSIONAL LIABILITY
If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W.,
M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than
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One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00)
annual aggregate.
D) WORKER'S COMPENSATION
A policy of Worker's Compensation insurance as may be required by the California
Labor Code.
CONTRACTOR shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually
and collectively, as additional insured, but only insofar as the operations under this
Agreement are concerned. Such coverage for additional insured shall apply as primary
insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers,
agents and employees shall be excess only and not contributing with insurance provided
under CONTRACTOR's policies herein. This insurance shall not be cancelled for any
reason other than non-payment of premium without a minimum of thirty (30) days advance
written notice given to COUNTY, and this insurance shall not be cancelled by reason of
the non-payment of premium without a minimum of ten (10) days advance written notice
given to COUNTY.
Within Thirty (30) days from the date CONTRACTOR executes this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsement as stated above
for all of the foregoing policies, as required herein, to the County of Fresno, Robert Bash,
Director of Internal Services/Chief Information Officer, 2048 N Fine Street, Fresno CA
93727, stating that such insurance coverages have been obtained and are in full force;
that the County of Fresno, its officers, agents and employees shall not be responsible for
any premiums on the policies; that such Commercial General Liability insurance names
the County of Fresno, its officers, agents and employees, individually and collectively, as
additional insured, but only insofar as the operations under this Agreement are concerned;
that such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees,
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shall be excess only and not contributing with insurance provided under CONTRACTOR's
policies herein; that this insurance shall not be cancelled for any reason other than non-
payment of premiumwithout a minimum of thirty (30) days advance, written notice given to
COUNTY, and that this insurance shall not be cancelled by reason of non-payment of
premium without a minimum of ten (10) days advance written notice given to COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage
as herein provided, the COUNTY may, in addition to other remedies it may have, suspend
or terminate this Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of
California. Insurance purchased shall be purchased from companies possessing a current
A.M. Best, Inc. rating of A FSC VII or better.
XIV. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
A. The Parties to this Agreement shall be in strict conformance with all applicable
Federal and State of California laws and regulations, including but not limited to Sections
5328, 10850, and 14100.2 et seq. of the Welfare and Institutions Code, Sections 2.1 and
431.300 et seq. of Title 42, Code of Federal Regulations (CFR), Section 56 et seq. of the
California Civil Code, Sections 11977 and 11812 of Title 22 of the California Code of
Regulations, and the Health Insurance Portability and Accountability Act (HIPAA), including
but not limited to Section 1320 D et seq. of Title 42, United States Code (USC) and its
implementing regulations, including, but not limited to Title 45, CFR, Sections 142, 160, 162,
and 164, The Health Information Technology for Economic and Clinical Health Act
(HITECH) regarding the confidentiality and security of patient information, and the Genetic
Information Nondiscrimination Act (GINA) of 2008 regarding the confidentiality of genetic
information.
Except as otherwise provided in this Agreement, CONTRACTOR, as a Business
Associate of COUNTY, may use or disclose Protected Health Information (PHI) to perform
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functions, activities or services for or on behalf of COUNTY, as specified in this Agreement,
provided that such use or disclosure shall not violate the Health Insurance Portability and
Accountability Act (HIPAA), USC 1320d et seq. The uses and disclosures of PHI may not be
more expansive than those applicable to COUNTY, as the “Covered Entity” under the HIPAA
Privacy Rule (45 CFR 164.500 et seq.), except as authorized for management,
administrative or legal responsibilities of the Business Associate.
B. CONTRACTOR, including its subcontractors and employees, shall protect, from
unauthorized access, use, or disclosure of names and other identifying information, including
genetic information, concerning persons receiving services pursuant to this Agreement,
except where permitted in order to carry out data aggregation purposes for health care
operations [45 CFR Sections 164.504 (e)(2)(i), 164.504 (3)(2)(ii)(A), and 164.504 (e)(4)(i)].
This pertains to any and all persons receiving services pursuant to a COUNTY funded
program. This requirement applies to electronic PHI. CONTRACTOR shall not use such
identifying information or genetic information for any purpose other than carrying out
CONTRACTOR’s obligations under this Agreement.
C. CONTRACTOR, including its subcontractors and employees, shall not disclose any
such identifying information or genetic information to any person or entity, except as
otherwise specifically permitted by this Agreement, authorized by Subpart E of 45 CFR Part
164 or other law, required by the Secretary, or authorized by the client/patient in writing. In
using or disclosing PHI that is permitted by this Agreement or authorized by law,
CONTRACTOR shall make reasonable efforts to limit PHI to the minimum necessary to
accomplish intended purpose of use, disclosure or request.
D. For purposes of the above sections, identifying information shall include, but not be
limited to name, identifying number, symbol, or other identifying particular assigned to the
individual, such as finger or voice print, or photograph.
E. For purposes of the above sections, genetic information shall include genetic tests
of family members of an individual or individual, manifestation of disease or disorder of
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family members of an individual, or any request for or receipt of, genetic services by
individual or family members. Family member means a dependent or any person who is first,
second, third, or fourth degree relative.
F. At COUNTY’s expense, CONTRACTOR shall provide access, at the reasonable
request of COUNTY, and in the time and manner reasonably designated by COUNTY, but
in any event during normal business hours, to PHI in a designated record set (as defined
in 45 CFR Section 164.501), to an individual or to COUNTY in order to meet the
requirements of 45 CFR Section 164.524 regarding access by individuals to their PHI.
With respect to individual requests, access shall be provided at COUNTY’s expense
within thirty (30) days from request. Access may be extended if CONTRACTOR cannot
provide access and provides individuals with the reasons for the delay and the date when
access may be granted. PHI shall be provided in the form and format requested by the
individual or COUNTY.
CONTRACTOR shall at COUNTY’s expense make any amendment(s) to PHI in a
designated record set at the request of COUNTY or individual, and in the time and
manner designated by COUNTY in accordance with 45 CFR Section 164.526.
CONTRACTOR shall provide to COUNTY or to an individual, in a time and manner
designated by COUNTY and at COUNTY’s expense, information collected in accordance
with 45 CFR Section 164.528, to permit COUNTY to respond to a request by the
individual for an accounting of disclosures of PHI in accordance with 45 CFR Section
164.528.
G. CONTRACTOR shall report to COUNTY, in writing, any knowledge or reasonable
belief that there has been unauthorized access, viewing, use, disclosure, security incident, or
breach of unsecured PHI not permitted by this Agreement of which it becomes aware,
immediately and without reasonable delay and in no case later than five (5) business days of
discovery. Immediate notification shall be made to COUNTY’s Information Security Officer
and Privacy Officer and COUNTY’s DPH HIPAA Representative at the notice address or
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telephone number below, within two (2) business days of discovery. The notification shall
include, to the extent possible, the identification of each individual whose unsecured PHI has
been, or is reasonably believed to have been, accessed, acquired, used, disclosed, or
breached. CONTRACTOR shall take prompt reasonable corrective action to cure any
deficiencies and any action pertaining to such unauthorized disclosure required by
applicable Federal and State Laws and regulations. CONTRACTOR shall investigate such
breach and is responsible for all notifications required by law and regulation or deemed
reasonably necessary by COUNTY and shall provide a written report of the investigation and
reporting required to COUNTY’s Information Security Officer and Privacy Officer and
COUNTY’s DPH HIPAA Representative. This written investigation and description of any
reporting necessary shall be postmarked within the thirty (30) working days of the discovery
of the breach to the addresses below:
County of Fresno County of Fresno County of Fresno
Dept. of Public Health Dept. of Public Health Information Technology Services
HIPAA Representative
Privacy Officer
Information Security Officer
(559) 600-6439
P.O. Box 11867
Fresno, CA 93775
(559) 600-6405
P.O. Box 11867
Fresno, CA 93775
(559) 600-5800
2048 N. Fine Street
Fresno, CA 93727
H. CONTRACTOR shall make its internal practices, books, and records relating to the
use and disclosure of PHI received from COUNTY, or created or received by the
CONTRACTOR on behalf of COUNTY, in compliance with HIPAA’s Privacy Rule to the
extent applicable, including, but not limited to the requirements set forth in Title 45, CFR,
Sections 160 and 164. CONTRACTOR shall make its internal practices, books, and records
relating to the use and disclosure of PHI received from COUNTY, or created or received by
the CONTRACTOR on behalf of COUNTY, available to the United States Department of
Health and Human Services (Secretary) upon demand to the extent required by law.
CONTRACTOR shall reasonably cooperate with the compliance and investigation
reviews conducted by the Secretary. PHI access to the Secretary must be provided during
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the CONTRACTOR’s normal business hours, however, upon exigent circumstances access
at any time must be granted, in all cases to the extent required by law. Upon the Secretary’s
compliance or investigation review, if PHI is unavailable to CONTRACTOR and in
possession of a Subcontractor, it must certify efforts to obtain the information to the
Secretary to the extent required by law.
I. Safeguards
CONTRACTOR shall implement administrative, physical, and technical safeguards to
the extent required by the HIPAA Security Rule, Subpart C of 45 CFR 164, that reasonably
and appropriately protect the confidentiality, integrity, and availability of PHI, including
electronic PHI, that it creates, receives, maintains or transmits on behalf of COUNTY and to
prevent unauthorized access, viewing, use, disclosure, or breach of PHI other than as
provided for by this Agreement. CONTRACTOR shall conduct an accurate and thorough
assessment of the potential risks and vulnerabilities to the confidential, integrity and
availability of electronic PHI to the extent required by applicable law. CONTRACTOR shall
develop and maintain a written information privacy and security program that includes
administrative, technical and physical safeguards appropriate to the size and complexity of
CONTRACTOR’s operations and the nature and scope of its activities to the extent required
by applicable law. Upon COUNTY’s reasonable request, CONTRACTOR shall provide
COUNTY with information concerning such safeguards.
CONTRACTOR shall not transmit confidential, personal, or sensitive data solely
received from or created or received by CONTRACTOR on behalf of COUNTY via e-mail
or other internet transport protocol unless the data is encrypted by a solution that has
been validated by the National Institute of Standards and Technology (NIST) as
conforming to the Advanced Encryption Standard (AES) Algorithm. CONTRACTOR must
apply appropriate sanctions against its employees who fail to comply with these
safeguards to the extent required by applicable law. CONTRACTOR must adopt
procedures for terminating access to PHI when employment of employee ends to the
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extent required by applicable law.
J. Mitigation of Harmful Effects
CONTRACTOR shall mitigate, to the extent reasonably practicable, any harmful
effect that is suspected or known to CONTRACTOR of an unauthorized access, viewing,
use, disclosure, or breach of PHI by CONTRACTOR or its subcontractors in violation of
the requirements of these provisions. CONTRACTOR must document suspected or
known harmful effects and the outcome.
K CONTRACTOR’s Subcontractors
CONTRACTOR shall ensure that any of its contractors, including subcontractors, if
applicable, to whom CONTRACTOR provides PHI received from or created or received by
CONTRACTOR on behalf of COUNTY, agree to the same restrictions, safeguards, and
conditions that apply to CONTRACTOR with respect to such PHI and to incorporate,
when applicable, the relevant provisions of these provisions into each subcontract or sub-
award to such agents or subcontractors.
L. Employee Training and Discipline
CONTRACTOR shall train and use reasonable measures to ensure compliance with
the requirements of these provisions by employees who materially assist in the
performance of functions or activities on behalf of COUNTY under this Agreement and
use or disclose PHI and discipline such employees who intentionally violate in material
respects any provisions of these provisions, including termination of employment.
M. Termination for Cause
Upon COUNTY’s knowledge of a material breach of these provisions by
CONTRACTOR, COUNTY shall either:
1) Provide a reasonable opportunity no shorter than thirty (30) days for
CONTRACTOR to cure the breach or end the violation and terminate this
Agreement if CONTRACTOR does not cure the breach or end the violation
within the time specified by COUNTY; or
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2) Immediately terminate this Agreement if CONTRACTOR has breached a
material term of these provisions and cure is not possible.
3) If neither cure nor termination is feasible, the COUNTY’s Privacy Officer
shall report the violation to the Secretary of the U.S. Department of Health and
Human Services to the extent required by law.
N. Judicial or Administrative Proceedings
COUNTY may terminate this Agreement in accordance with the terms and conditions
of this Agreement as written hereinabove, if: (1) CONTRACTOR is found guilty in a
criminal proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH
Act; or (2) there is a judicial finding or stipulation that the CONTRACTOR has violated a
privacy or security standard or requirement of the HITECH Act, HIPAA or other security or
privacy laws in an administrative or civil proceeding in which the CONTRACTOR is a
party.
O. Effect of Termination
Upon termination or expiration of this Agreement for any reason, CONTRACTOR
shall return or destroy at COUNTY’s expense all PHI received from COUNTY (or created
or received by CONTRACTOR on behalf of COUNTY) that CONTRACTOR still maintains
in any form and that is easily divisible from other information, and shall retain no copies of
such PHI. If return or destruction of PHI is not feasible, it shall continue to extend the
protections of these provisions to such information at COUNTY’s expense, and limit
further use of such PHI to those purposes that make the return or destruction of such PHI
infeasible. This provision shall apply to PHI that is in the possession of subcontractors or
agents, if applicable, of CONTRACTOR. If CONTRACTOR destroys the PHI data, a
certification of date and time of destruction shall be provided to the COUNTY by
CONTRACTOR.
P. Disclaimer
COUNTY makes no warranty or representation that compliance by CONTRACTOR
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with these provisions, the HITECH Act, HIPAA or the HIPAA regulations will be adequate
or satisfactory for CONTRACTOR’s own purposes or that any information in
CONTRACTOR’s possession or control, or transmitted or received by CONTRACTOR, is
or will be secure from unauthorized access, viewing, use, disclosure, or breach.
CONTRACTOR is solely responsible for all decisions made by CONTRACTOR regarding
the safeguarding of PHI.
Q. Amendment
The parties acknowledge that Federal and State laws relating to electronic data
security and privacy are rapidly evolving and that amendment of these provisions may be
required to provide for procedures to ensure compliance with such developments. The
parties specifically agree to take such action as is necessary to amend this agreement in
order to implement the standards and requirements of HIPAA, the HIPAA regulations, the
HITECH Act and other applicable laws relating to the security or privacy of PHI. COUNTY
may terminate this Agreement upon thirty (30) days written notice in the event that
CONTRACTOR does not enter into an amendment providing assurances regarding the
safeguarding of PHI that COUNTY in its sole discretion, deems sufficient to satisfy the
standards and requirements of HIPAA, the HIPAA regulations and the HITECH Act.
R. No Third Party Beneficiaries
Nothing express or implied in the terms and conditions of these provisions is intended
to confer, nor shall anything herein confer, upon any person other than COUNTY or
CONTRACTOR and their respective successors or assignees, any rights, remedies,
obligations or liabilities whatsoever.
S. Interpretation
The terms and conditions in these provisions shall be interpreted as broadly as
necessary to implement and comply with HIPAA, the HIPAA regulations and applicable
State laws. The parties agree that any ambiguity in the terms and conditions of these
provisions shall be resolved in favor of a meaning that complies and is consistent with
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HlPAA and the HIPAA regulations.
T. Regulatory References
A reference in the terms and conditions of these provisions to a section in the HIPAA
regulations means the section as in effect or as amended.
U. Survival
The respective rights and obligations of CONTRACTOR as stated in this Section
shall survive the termination or expiration of this Agreement.
V. No Waiver of Obligations
No change, waiver or discharge of any liability or obligation hereunder on any one or
more occasions shall be deemed a waiver of performance of any continuing or other
obligation, or shall prohibit enforcement of any obligation on any other occasion.
XV. AUDITS AND INSPECTIONS
CONTRACTOR shall at any time during CONTRACTOR’S normal business hours, and
upon prior written notice, as often as the COUNTY may deem necessary, make available to the
COUNTY for examination all of its records and data with respect to the matters covered by this
Agreement. CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit
and inspect all of such records and data necessary to ensure CONTRACTOR'S compliance
with the terms of this Agreement. Any such examinations or audits shall be at the COUNTY’S
expense.
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR 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).
XVI. NOTICES
A) AUTHORITY TO GIVE AND RECEIVE NOTICES
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The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY OF FRESNO CONTRACTOR
Director of Internal Services/
Chief Information Officer
2048 N Fine Ave
Chief Operating Officer
915 E. 1st St.
Los Angeles, CA 90012
Fresno, CA 93727
Any and all notices between the COUNTY and the CONTRACTOR provided for or
permitted under this Agreement or by law shall be in writing and shall be deemed duly served
when personally delivered to one of the Parties, or in lieu of such personal services, when
deposited in the United States Mail, postage prepaid, addressed to such party or by electronic
mail sent to and confirmed by CONTRACTOR at CONTRACTOR’s email address.
B) PRIMARY ESCALATION CONTACT INFORMATION
The persons and their contact information that the COUNTY or CONTRACTOR can use to
escalate problems or situations:
COUNTY CONTRACTOR
Contact # 1: Contact # 1:
District Attorney’s Business Manager Jerry Salzman
Office Phone: (559) 600-4447 President
915 E. 1st St
Los Angeles, CA 90012
Office Phone: (213) 229-5434
COUNTY Cell Phone: (323) 206-2800
Contact # 2: Email maryjoe_rodriguez@dailyjournal.com
Information Technology Manager
Office Phone: (559) 600-5800
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XVII. GOVERNING LAW
Venue for any action arising out of or related to this Agreement shall only be in federal
district court in Fresno County, California, but if subject matter jurisdiction does not lie therein,
such venue shall be in the state courts in Fresno County, California. The rights and
obligations of the Parties and all interpretation and performance of this Agreement shall be
governed in all respects by the laws of the State of California.
The Parties shall first attempt to resolve amicably any dispute by meeting with each
other, by telephone or in person at a mutually convenient time and location, within thirty (30)
days after written notice of a dispute is delivered from one party to the other. Subsequent
meetings may be held upon mutual agreement of the Parties. If the dispute is not resolved
within sixty (60) days of the first meeting, the Parties shall submit the dispute to mediation by
an organization or company specializing in providing neutral, third party mediators. COUNTY
shall be entitled to select either (i) the location of the mediation or (ii) the organization or
company, and CONTRACTOR shall select the other. The mediation shall be conducted within
sixty (60) days of the date the dispute is submitted to mediation, unless the Parties mutually
agree on a later date. Any dispute not resolved by meeting or mediation shall be resolved in
accordance with the first sentence of this Section XVII. All fees and expenses of mediation
(other than each party’s attorneys’ fees) shall be shared evenly by the Parties.
XVIII. DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-
profit or non-profit corporation) or if during the term of this agreement, the CONTRACTOR
changes its status to operate as a corporation.
Members of the CONTRACTOR’s Board of Directors shall disclose any self-dealing
transactions that they are a party to while CONTRACTOR is providing goods or performing
services under this agreement. A self-dealing transaction shall mean a transaction to which the
CONTRACTOR is a party and in which one or more of its directors has a material financial
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interest. Members of the Board of Directors shall disclose any self-dealing transactions that
they are a party to by completing and signing a Self-Dealing Transaction Disclosure Form
(Exhibit C) and submitting it to the COUNTY prior to commencing with the self-dealing
transaction or immediately thereafter.
XIX. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the CONTRACTOR and
COUNTY with respect to the subject matter hereof and supersedes all previous Agreement
negotiations, proposals, commitments, writings, advertisements, publications, and
understandings of any nature whatsoever unless expressly included in this Agreement. In the
event of any inconsistency in interpreting the documents comprising this Agreement, the
inconsistency shall be resolved by giving precedence in the following order of priority: (1) the
text of this Agreement (excluding COUNTY’s RFP and CONTRACTOR’s Response thereto);
(2) CONTRACTOR’s Response to COUNTY’s RFP; and (3) COUNTY’s RFP.
1 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
2 and year first hereinabove written .
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CONTRACTOR
Geral alzman
CEO/Pres1 nUSecretary
DATE : ___ 0_'f----L../_7t;_--4{_?A:>_l_"-' __
Journal Technologies , Inc.
915 E. 151 Street, Los Angeles , CA 90012
REVIEWED & RECOMMENDED FOR APPROVAL
Lisa ~~anf:
District Attorney-Public Administrator
APPROVED AS TO LEGAL FORM
Daniel C. Cederberg ,
County Counsel
FOR ACCOUNTING USE ONLY :
FUND : 0001
SUBCLASS : 10000
ORG No .: 2860
Acct. No .: 7295 /8500
Program: 91297
28822956 .8 -46-
COUNTY OF FRESNO
DATE :
Ernest Budd Mendes
Chairman, Board of Supervisors
ATTEST : Bernice E. Seidel , Clerk
Board of Supervisors
By :~~
APPROVED AS TO ACCOUNTING FORM
Vicki Crow, C.P.A.,
Audit or -Controller/Treasurer-Tax Collector
By :
EXHIBIT A
CONTRACTOR’S RESPONSE
Table of Contents
Tab Page
RFP Page 1 and Addendum Page 1 ....................................................................................... 1
Cover Letter ........................................................................................................................... 3
Table of Contents ................................................................................................................... 4
Statements, Acknowledgements and References .................................................................1 5
Conflict of Interest Statement ........................................................................................1 5
Trade Secret Acknowledgement ....................................................................................1 6
Certification – Disclosure – Criminal History and Civil Actions ..................................1 7
References ......................................................................................................................1 8
Participation ...................................................................................................................1 10
Exceptions ............................................................................................................................2 11
Vendor Company Data ........................................................................................................3 14
Company Profile ............................................................................................................3 14
Vendor Company Data (Forms A.1 and A.2) ................................................................3 18
Technical Functionality and System Requirements .............................................................4 21
Security ..........................................................................................................................4 21
Integration with Other Systems .....................................................................................4 23
Supports Complex and Changing Entity Relationships .................................................4 23
Hardware and Hosted and System Software Configuration ..........................................4 25
eProsecutor Architecture ................................................................................................4 28
Product and Project Information (Forms B.1-B.6) ........................................................4 35
Scope of Work .....................................................................................................................5 42
Project Management and Implementation .....................................................................6 48
Training/Support Services/Testing ..........................................................................6 48
Conversions..............................................................................................................6 52
Interfaces ..................................................................................................................6 58
Implementation Agenda and Schedule ....................................................................6 61
Sample Configurable Screens ........................................................................................7 71
Case Management System Requirements ......................................................................8 79
Cost Proposal .......................................................................................................................9 123
Checklist ............................................................................................................................10 129
Sample Agreements ...........................................................................................................11 130
Fresno County |5
RFP - District Attorney Case Management System (208-5325)
Conflict of Interest Statement
None.
Proposal No. 208-5325 Page 10
G:\Public\RFP\FY 2014-15\208-5325 DA Case Management System\208-5325 District Attorney Case Management.doc
VENDOR MUST COMPLETE AND RETURN WITH REQUEST FOR PROPOSAL
Firm:
REFERENCE LIST
Provide a list of at least five (5) customers for whom you have recently provided similar services.
Be sure to include all requested information.
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Reference Name: Contact:
Address:
City: State: Zip:
Phone No.: ( ) Date:
Service Provided:
Failure to provide a list of at least five (5) customers may be cause for rejection
of this RFP.
Fresno County |9
RFP - District Attorney Case Management System (208-5325)
References
Office of the Washoe County District Attorney (JustWare)
Contract includes 135 licenses for JustWare Prosecutor version 5.9 as well as licenses for the
JustWare API, customer training, implementation and configuration of JustWare. This project
included a data conversion using the JustWare API with integrations with law enforcement, the
county jail system and the county financial system.
Office of the Solano County District Attorney (JustWare)
Contract includes 125 licenses for JustWare Prosecutor version 5.10 as well as licenses for the
JustWare API and JusticeWeb. Contract includes customer training, implementation and
configuration of JustWare.
Office of the Mendocino County District Attorney, Public Defender and Probation
(JustWare)
JustWare API; Contract includes 134 licenses of JustWare. Mendocino County conducted an
industry-wide search to find an enterprise-level case management solution that would meet the
needs of their probation, district attorney, and public defender offices. This project included an
interface with their police department with New World’s police software; Mendocino County also
used the JustWare API to convert their data and build an interface between JustWare and their
court’s case management as well as interfaces with the Sherriff’s office to the DA, information
sharing with the courts, and exchanging information with the other county JustWare databases.
They now use the API to create JUS 8715 reports automatically.
Tulare County Superior Court (eCourt)
Tulare County Superior Court uses Journal Technologies products across case types which include
traffic, misdemeanor, and parking. Its upgrade to eCourt for civil types is the most recent. They
are actively upgrading to eCourt for all other case types. Interfaces include those with the
California Department of Motor Vehicles and the California Department of Justice, and the
Judicial Council’s statistical reporting system (JBSIS). Includes 450 full and part time staff.
Town of Gilbert Prosecutor’s Office, Arizona (eCourt)
Configured and deployed eCourt (solution which includes the OnBase document management
system) to Gilbert’s Prosecutor’s Office. This project began in November 2010 and went live in
May 2011. There are 20 users in Gilbert.
Fresno County |11
RFP - District Attorney Case Management System (208-5325)
Exceptions
We have no exceptions to the requirements and conditions except as noted below:
A. Exceptions to General Conditions
Page 1B – Section 6(B) – Awards. JTI has prepared its bid on an all-or-none basis in order to
minimize total costs; therefore, its bid does not reflect the terms on which JTI would be willing to
perform a portion of the work specified in the RFP. Accordingly, the terms of JTI’s submitted
proposal are offered only for the entire award. If the County would like to make the award on a
partial basis, then JTI would consider preparing an alternative proposal.
Page 1B – Section 8 – Patent Indemnity. JTI understands the importance of this indemnification
provision and is willing to defend, indemnify and hold harmless the County from losses that are
caused by any infringement by JTI. To the extent that the indemnification provision purports to
extend JTI’s indemnification obligations beyond that level, JTI objects. Accordingly, JTI
proposes excluding any liability that results from the County’s use of JTI’s products and services
in a manner not permitted by the contract or prohibited by law.
Page 1B – Section 10 – Rights and Remedies of County for Default.
Clause (A)
While JTI intends to fully perform under the contract, JTI generally does not agree in advance to
unilateral deductions from its fees by the County. Additionally, JTI cannot act as an insurer
between the costs associated with JTI’s proposal and the costs of others’ services. Accordingly,
JTI objects to requirements imposing liability for all coverage costs in the event the County
procures substitute articles or services from another source. Instead, JTI proposes that the
contract contain a standard limitation on liability provision that caps each party’s aggregate
liability to the other at the amount of fees paid or payable to JTI under the contract. For clarity,
JTI does not intend to take out a performance bond for its work under the contract.
Clause (B)
JTI believes it should have the opportunity to rectify any articles or services that do not meet
specifications prior to the County’s rejection of the articles or services. Accordingly, JTI
proposes that the contract shall have a cure period of sixty (60) days from the date JTI receives
written notice of a non-conforming product or service.
B. Exceptions to General Requirements
Page 13 – Termination. In light of the substantial resources that JTI will devote to the project,
JTI proposes that the County give thirty (30) days prior written notice before the contract is
terminated for convenience so that JTI can minimize unnecessary costs.
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RFP - District Attorney Case Management System (208-5325)
Page 13 – Minor Deviations. JTI would also like to reserve the right to negotiate minor
deviations from the prescribed terms, conditions and requirements to the mutual satisfaction of
both parties.
Page 13 – Confidentiality. JTI proposes that any confidentiality provision agreed to between
the parties exempt disclosure of confidential information required by law or legal process.
Page 13 – Dispute Resolution. In order to avoid the inherent conflict of litigating any disputes
in a state court for Fresno County, JTI proposes litigating any claim in arbitration. As an
alternative, JTI would be willing to litigate any dispute in the U.S. District Court for the Eastern
District of California in Fresno, CA if such court has or can acquire jurisdiction, or if such court
lacks jurisdiction, then in a state court for Fresno County.
Page 15 – Hold Harmless Clause. JTI is willing to indemnify, save, hold harmless and defend
the County and other listed parties from losses that are caused by the negligence or willful
misconduct of JTI. Accordingly, JTI proposes adding at the end of the clause the following
language: “to the extent such costs, expenses, damages, liabilities, claims or losses are caused by
the negligence or willful misconduct of JTI, its officers, agents or employees under this
Agreement.”
Further, as noted above, JTI proposes that the contract contain a standard limitation on liability
provision that caps each party’s aggregate liability to the other at the amount of fees paid or
payable to JTI under the contract.
Page 14 – Subcontractors; Page 15 – Price Responsibility. From time to time, JTI will engage
consultants as regular staff enhancements who prefer to provide services as independent
contractors rather than as employees. JTI believes it should not need to identify these individuals
ahead of time or seek consent in order to engage these individuals, or a small company through
which a group of individuals provides their services. Accordingly, JTI requests that the County
approve in advance JTI’s use of any such consultants who, individually or through small
companies, act as regular staff enhancements.
Pages 16-17 – Insurance. JTI’s Commercial General Liability policy is a standard policy to
protect against claims arising out of JTI’s business and operations. While this policy covers the
specific coverages listed in the RFP, JTI proposes striking the following language because such
language is too broad: “or any other liability insurance deemed necessary because of the nature
of the contract.”
Further, JTI’s Commercial General Liability policy provides that the insurer will give 30 days’
notice of cancellation or changes in the policy, but in the event of JTI’s non-payment of the
premium, the insurer will give only 10 days’ notice, which is customary in insurance policies
generally.
Page 17 – Default. As noted above, JTI takes exception to a requirement imposing liability for
all coverage costs in the event the County procures substitute articles or services from another
source. Instead, JTI proposes that the contract contain a standard limitation on liability provision
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that caps each party’s aggregate liability to the other at the amount of fees paid or payable to JTI
under the contract.
Page 17 – Breach of Contract. JTI believes that any breach of the contract should be subject to
a thirty (30) day cure period before such breach can be deemed a basis to terminate a party’s
obligations under the contract and pursue legal remedies.
Page 18 – Rights of Ownership. As a point of clarification, JTI would like to make clear that,
while the County will own all customized work product developed under the agreement, the
County will not own any of JTI’s pre-existing proprietary materials, which will be licensed to the
County pursuant to a software license agreement.
Additionally, just as the County will benefit from the efficiencies and expertise gained from
JTI’s prior work for other customers, JTI requests a perpetual, non-exclusive license back from
the County permitting JTI to use, reproduce, modify, and distribute such custom work product
and intellectual property for the purpose of incorporating such work product and intellectual
property into products prepared for other customers.
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Company Profile
The Daily Journal Corporation, a public corporation, has served the California justice community
for many decades through its publications of both the Los Angeles Daily Journal (1888) and San
Francisco Daily Journal (1893) and California Lawyer magazine, which is distributed monthly to
about 150,000 attorneys in California.
Daily Journal Corporation has merged its three wholly-owned technology companies which
provide case management systems for justice agencies ― New Dawn (1996), Sustain (1984)
and ISD (1981) into one entity ― Journal Technologies, Inc. We have served the courts and
other governmental agencies for more than 25 years.
The Daily Journal brings several advantages to the table, including significant financial
resources of more than $175 million in cash and marketable securities. The Company owns
two modern office buildings near downtown Los Angeles.
The Daily Journal has about 165 employees who also provide support functions for Journal
Technologies which has about 150 employees and contractors in the Los Angeles and Corona,
CA, and Logan, UT offices. Our headquarters is located at 915 E. 1st St., Los Angeles, CA
90012.
Although the Daily Journal is a public company, control rests with the Board of Directors.
Corporate management includes Charlie Munger as Chairman of the Board. He, as vice
chairman, and Warren Buffett, as chairman, manage Berkshire Hathaway, one of the largest and
most respected companies in the United States.
Journal Technologies serves over 500 courts and justice agencies in 41 states and internationally.
A partial list of clients follows:
We have installations in California’s Solano, Mendocino and Colusa district attorney offices and
are finalizing contracts with Butte County.
In addition, we provide our system to more than 200 district attorneys/prosecutors throughout the
United States with Suffolk County District Attorney, New York being one of the largest with 6
offices and 400 attorneys.
eCourt, our browser-based case management system, was first installed in the Washington, D.C.
Office of Administrative Hearings in October, 2009, and in the Saskatchewan Court of Appeal in
July, 2010. It is used for mental health cases for the Los Angeles Superior Court; that project is
expanding to accommodate about 1,700 users. It is used for civil cases at the Tulare County
Superior Court in California (now installing for criminal, juvenile and traffic), and for traffic and
minor offense cases at the Placer County Superior Court in California (now installing for
criminal, civil and juvenile). The San Joaquin County, California public defender’s office also
uses eCourt.
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The Oregon Office of Administrative Hearings uses eCourt and eCourtPublic for statewide
appeals of unemployment insurance, unemployment insurance tax, and child support cases. Each
of Oregon’s 52 district attorney and Division of Child Support offices electronically file child
support appeals directly into eCourt from the eCourtPublic eFiling portal. This system has
dramatically reduced filing errors and improved case processing timeframes. Will County,
Illinois, uses eCourt for the Departments of Animal Control, Health, Land Use and Sheriff’s
Office to support their administrative adjudication processes. eCourt is also used by the
Prosecutor’s Office in Gilbert, Arizona, where the system provides access to discovery,
victim/witness services, investigations, probation and an automated plea generation system.
eCourt, with the eCourtPublic eFiling portal, provides the Saskatchewan Court of Appeal with
the first complete, end-to-end eFiling, eSearching and ePayments solution in Canada.
Prosecutors and the public may file cases and documents electronically, pay filing fees, and view
their cases all online. This has increased efficiency for the Registrar’s Office’s and enabled a
paperless environment for the Court and its customers. Likewise, the City of Calgary Assessment
Review Board uses eCourt to manage property tax assessment appeals filed electronically by the
public using eCourtPublic. The Saskatchewan Sheriff’s Department, with nine provincial offices,
centrally manages asset seizures with eCourtPublic to satisfy civil judgments from the Court of
Queen’s Bench. Plans for expansion of eCourtPublic include other Canadian courts and agencies.
Additionally, eCourt’s browser-based application is multilingual.
In Georgia, eCourt is used by Gwinnett County Recorder’s Court, including the Solicitor’s
Office. It is also being installed by the Gwinnett Superior, State, and Magistrate Courts, where
user acceptance testing has begun for criminal cases, and by the Marietta Municipal Court
(including the Solicitor and Probation), which will be live in early 2015.
eCourt projects also include the California State Bar’s Office of the Chief Trial Counsel with
nearly 250 users; the San Luis Obispo Probation Collections Department; the Saskatchewan
Office of Residential Tenancies. The City of Fort Worth, Texas, Municipal Court has selected
eCourt to process their ordinances and code violation cases.
**********
Journal Technologies has the following main products:
eCourt®/eProsecutor ― a family of case management software products for use by courts
and other justice agencies for all case types because its screens, data elements, business rules,
work queues, searches and alerts are highly configurable. eCourt also supports its prior
generation Justice Edition software, which is a Windows-based system that also provides for
customizable configurability.
JustWare® ― a family of case management software products for use by courts and other
justice agencies. JustWare® provides a standardized case management system that includes
business rules to automate tasks, document and report generation, digital signatures and shortcuts
to speed data input. Journal Technologies also licenses its JusticeWeb® public access software,
which allows the public to view certain case information, provides a means to create permission-
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based access for sensitive data, allows pro se litigants and attorneys to e-file documents and
includes a way for case participants to make payments online.
ICMS™ ― a court case management system, which was acquired as part of the acquisition
of the ISD assets. Journal Technologies also licenses its CASE™ ― an automated probation
case management system, including juvenile hall detention management features.
eFile™ ― a browser-based interface that allows attorneys and the general public to
electronically file documents with the court from a personal computer using the Internet at any
time.
ePayIt™ ― a service for the online payment of traffic citations. Users can pay traffic
citations using the Internet at any time with a credit card, and can obtain traffic school and other
information.
**********
Key Personnel
− Derek Harris, account executive −
Journal Technologies has about 150 professional employees and full-time independent
contractors based in California and Utah.
The project team includes: Others will join this team.
Peter Daum
Peter helped develop eCourt and eProsecutor, and he is responsible for installing eProsecutor for
prosecutors and public defenders.
Bryan Quiram
Bryan, a former district attorney, has installed case management systems for prosecutors, courts
and probation.
Heidi Henry
Heidi began her career as a paralegal in an office of public defense; she recently assisted in the
implementation for the Nassau County District Attorney’s office in New York - a customer with
more than 400 users.
Brian Schmidt
Brian has developed and installed the eCourt Public Portal module which also provides
discovery information for defense attorneys.
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Third-parties
Conversions and Interfaces − After we determine these specific requirements and although we
have the staff to do this work, we might recommend using another company that specializes in
conversions and interfaces.
**********
We do not have any pending litigation and we do not have payment problems with Fresno
County.
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VENDOR COMPANY DATA
FORM A.1 – VENDOR OVERVIEW
The purpose of this form is to describe the Vendor's organization and operations, as well as
provide a brief overview of the product(s) bid. Please keep responses brief.
QUESTION RESPONSE
COMPANY
Company Name Journal Technologies, Inc.
Headquarters Location 915 E 1st Street, Los Angeles, CA 90012
Year Established See Company Profile
Company Ownership Wholly-owned subsidiary of Daily Journal
Corporation
Gross Revenue (in 1,000s) for past 3 years $23,150 (FY2014), $13,846 (FY2013) and
$2,918 (FY2012)
Net Revenue (in 1,000s) for past 3 years $23,150 (FY2014), $13,846 (FY2013) and
$2,918 (FY2012)
Number of FTEs 150 Daily Journal and 150 Journal
Technologies
Parent company, if applicable Daily Journal Corporation
Partnerships/Affiliations, if applicable
(e.g., other Vendor products, e-commerce, internet
solutions)
Sometimes jointly respond to RFPs with
other companies.
Target Market
General and Limited Jurisdiction Courts;
Administrative Law Courts; Prosecutors;
Public Defenders; and other justice agencies
Primary Product Line Case management systems
Other Product(s) Implementation services
PRODUCT
Proposed Product(s) eCourt®/eProsecutor browser-based case
management system.
Number of years providing proposed product(s) See Company Profile
Previous product name(s)/ownership See Company Profile
Number signed contracts for proposed product(s) See Company Profile
Number operational sites (in production) for
proposed product(s)
Module/primary function(s)
(list required modules and functions)
All of eProsecutor’s functionality is in one
system.
Module/primary function(s) All of eProsecutor’s functionality is in one
system.
TECHNOLOGY
Programming Languages
(List by module, if different)
eProsecutor – Java
eCourt Public - PHP
Web-enabled applications
(List by module if not entire product) Entire product is browser-based.
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QUESTION RESPONSE
Database management system(s) eProsecutor – Microsoft SQL Server/Oracle
eCourt Public – MySQL
Hardware platform(s) HP, Dell, etc.
Operating system(s) Windows 2008 R2, Linux
Network software Web-based
Interface Engine (proprietary or standard) Web Services, SOAP over HTTP
SYSTEM ARCHITECTURE DESIGN
Vendor willing to customize?
If yes, describe.
Yes. eProsecutor is highly configurable.
Customizations can be achieved through the
configuration of eProsecutor.
Tailorable by user in system setup?
If yes, describe.
Yes. eProsecutor is highly configurable.
Customizations can be achieved through the
configuration of eProsecutor.
User ability to add fields?
If yes, describe.
Yes. eProsecutor provides tools to add fields
to the existing data structure to extend
eProsecutor configuration.
User ability to download/upload data?
If yes, describe.
Yes. Uploading of data can be achieved
through business rules where eProsecutor
can read various file formats. Downloading of
data is available for a case or a series of
cases in PDF, Excel, RTF, XML, CSV, etc.
INTERFACE INTEGRATION STRATEGY
Transaction Level, e.g. Interface Engine?
eProsecutor provides an API layer which
allows the access to data within eProsecutor
at the transaction, data and presentation
layers. See eProsecutor API section.
Presentation/Access Level, e.g. web, windows?
eProsecutor provides an API layer which
allows the access to data within eProsecutor
at the transaction, data and presentation
layers. See eProsecutor API section.
Data access Level, e.g. Import and Export?
eProsecutor provides an API layer which
allows the access to data within eProsecutor
at the transaction, data and presentation
layers. See eProsecutor API section.
SOURCE CODE
Describe source code policy (e.g. source code held
in escrow in case vendor support ends?)
Source code held in escrow. See sample
agreement.
List Software Escrow Fees None, if use our standard agreement.
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FORM A.2 – CUSTOMER BASE OVERVIEW
CLIENT BASE
DESCRIPTION
NUMBER OF
SIGNED
CONTRACTS
NUMBER OF SITES IN
IMPLEMENTATION
PHASE
# OF “LIVE”
SITES
NUMBER OF
SYSTEM/PRODUCT
REIMPLEMENTATION
IS MODULE
INCLUDED
IN BASE
SYSTEM?
Total
Customer
Base
More than
500 courts
and justice
agencies.
About 75 projects
including add-ons.
More than
500 courts
and justice
agencies.
None.
Base System
There is only
one system
and you
have access
to
everything.
Module
(specify)
Module
(specify)
Module
(specify)
Module
(specify)
Module
(specify)
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Technical Functionality and System Requirements
Security
eProsecutor has constructed a sophisticated security paradigm based on the Spring Security
Framework (http://www.springsource.org/spring-security). This approach allows administrators
to design their own flexible operational hierarchies of security levels using criteria such as
agency, case type, role, etc.
All application objects (system functions or tasks, cases, business rules, forms, reports, etc) are
passed through a security audit to check user privileges before proceeding with a transaction.
Additionally, eProsecutor allows for a number of sensitivity settings for case data including
private, sealed confidential, and medically sensitive. Other points concerning security:
eProsecutor supports multiple methods of authentication, including Microsoft Active
Directory and LDAP. eProsecutor also supports Remember-Me authentication, which
allows the user to forgo the login prompt for a period of time when logging into
eProsecutor.
Multiple configurable password policies are supported, such as expiring passwords
after [n] days, not allowing password reuse, minimum length and other strength
measurements of passwords, etc. Password resetting is done through configurable
secret questions. Passwords are never sent through email or any other means; they are
only reset based on one-time tokens. All passwords are saved in the database in an
encrypted format (MD5 or SHA).
If necessary, the entire application can be run under the HTTPS protocol to encrypt
and protect all traffic from and to the application.
An administrator defined timeout period can optionally cause the system to
disconnect users who have been inactive for a set period of time.
eProsecutor validates that web application inputs to prevent against SQL injection or
cross-site scripting attacks.
The following concepts are used in eProsecutor's security:
User: A user is anyone who has access to the system. Users are authorized to perform tasks
based on the group they belong to. Additionally, Access Control Lists (ACLs) can be used to
grant special permissions to individual users.
Group: Groups are collections of users. Every user must belong to a group but cannot belong to
more than one group. All rights (“Authorizations”) to perform tasks are set at the group level. *
Authority: Authorities are defined by the system administrator and determine the access rights to
resources (such as URLs, Tasks, Forms, etc.). Then groups are granted authorities. Each group
can have multiple authorities granted to them.
* However, users of a group may not always have the exact same permissions to a resource because ACL
entries may give them special permissions.
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Seals: Cases or documents can be sealed by inserting a seal record into the case or document. In
addition to permanent seals, eProsecutor supports sealing for a limited period of time by setting
their start and finish dates.
The court administrator can add permission to access sealed cases and documents to an existing
authority or to an authority specifically created for this purpose. Then that authority can be
granted to a user (through the user's group). Users with such authority can access sealed cases
and documents.
Access Control List (ACL): ACLs are used for handling instance (or record) level security. Each
secured object in the system may have an ACL. Objects can inherit ACLs from their parent
objects (e.g. a Sentence can inherit ACLs from its parent Charge).
Security Rules: In cases where special security requirements cannot be satisfied with the built-in
security methods, eProsecutor provides hooks for writing custom business rules granting or
denying access for specific situations.
Configuration & Administration
The system comes pre-configured with just one user (“admin”) and just one group (“administrators”).
System administrators perform all the standard security management tasks such as creating groups,
adding users, granting authorities, etc. Security may be set:
By URL
By Task
By Form
By Report
By Entity and Case Type
By Record
Although the current version of eProsecutor does not provide support for the “Field Level
Security” feature, the full configurability of forms and screens usually provides the security
necessary to secure the system. Nevertheless, future versions of eProsecutor will likely provide
“Field Level Security” feature as part of the security infrastructure.
Audit Log
Although technically not part of Security, the audit-logging feature is an essential part of the
administration of the system. eProsecutor provides full audit-logging capabilities for all the domain
objects. For each modification of the data (“Create”, “Update”, “Delete”) the following is recorded
and saved in the database: the user, the time, the action that was performed (“Create”, “Update”,
“Delete”), the name and the record number of the affected entity. In case of an “Update”, the list of the
fields, which were modified, is also recorded. Additionally, these changes are grouped by database
transactions, that they were part of.
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Integration with Other Systems
The ability to effectively exchange information between information systems is critical to the
success of integrated justice information systems (IJIS). The eCourt REST API is the primary
way for 3rd party applications to get data in and out of eProsecutor. It's a low-level HTTP-based
API you can use to query, insert, update and delete data. Because the REST API is built on
eProsecutor’s configurable metadata layer, new fields and columns added to the system are
immediately available to the 3rd party applications.
eProsecutor’s workflow engine supports the configuration of triggers (such as the entry of a
disposition on a case, a request for a bench warrant, or the entry of a probation violation) that can
initiate an information exchange with another information system. Triggers can be conditioned
to ensure that the information exchange occurs only under specific circumstances and the
information exchanges can either be directly sent to the other information system or routed to a
queue where they can be manually reviewed before being released.
The full slate of business rules and validations are available to all transactions as if they were
screens from within eProsecutor itself.
Besides 3rd party application integration, eCourt is also directly compatible with the Citrix
network, Microsoft Active Directory and LDAP services.
Supports Complex and Changing Entity Relationships
The eProsecutor data model is highly configurable and will ensure that you can manage the
complex and changing relationships of an integrated solution.
Relational Model - eProsecutor is built on a relational database and our core domain
objects supports “one-to-many,” “many-to-one,” and “many-to-many,” relationships
amongst varying types of data. For example:
o Entities like PERSON can have multiple addresses with different address types
(home, mailing, primary, etc.). Similarly, attorneys may have several address
designations (mailing, service of process, law firm, etc.). eProsecutor enables
customers to either manually select an address or create business rules that select
the appropriate address in which to send a notices or forms.
o The eProsecutor data model supports multiple petitions or complaints within
cases. A classic example occurs during civil cases in which parties file claims and
counter-claims against each other. Another use might be for processing amended
complaints in which the charges on the case are changed multiple times before
formal charges are filed with the court.
o An individual or business can play different roles across multiple filings or sub-
cases. Another situation that eProsecutor supports is when case roles and other
associations have “start” and “end” time periods. By (i) managing different roles
within cases and (ii) creating the custom fields startDate and endDate on those
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RFP - District Attorney Case Management System (208-5325)
roles, eProsecutor accurately reflect time periods during which certain persons
had certain roles on the case.
Cross-References – When relationships need to be established between entities that fall
outside the normalized data model, eProsecutor offers Cross-Reference functionality that
establishes “soft-linked” relationships. While these relationships are not database objects,
they can still be used for searching and data retrieval purposes. For example, cross-
references can manage the many-to-many relationships that can sometimes exist between
attorneys and parties in a case.
Configurable Joinders – eProsecutor has unique functionality in which a user can establish
different types of links (or “joins”) between two or more related cases. Once joined, a
variety of actions can automatically take place when records for one case are affected. For
instance, the Courts can identify logical groups of cases with common staff assignments
and other group-applicable business rules. Once joined, for example, scheduling and
financial actions affecting any one of the cases can be automatically applied to all of them.
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Hardware and Hosted and System Software Configuration
eProsecutor can be on your servers or hosted.
Your servers
We have included below a typical in-house system configuration of hardware that may be
suitable for the agency; it also provides for the eCourtPublic portal. The system includes
fail-over application and database servers that allow uninterrupted access to eProsecutor if
the primary servers are down. A duplicate system will probably be required if you want
off-site disaster recovery. All can be virtualized using VMWare or equivalent.
There are several choices for the hardware; we have provided specifications for H-P
hardware. You can purchase/lease equipment at significant discounts or you might
already have the equipment.
*******
Users only need a web browser (Internet Explorer 9+, Chrome, Firefox, etc.) to access
eProsecutor and eCourtPublic from desktops, laptops, smartphones (iPhone, Android)
and tablet devices (iPad, Xoom, etc.) The system’s graphical user interface, including all
screens and dashboards, is natively touch screen enabled. eProsecutor is database
agnostic; you can use Microsoft SQL, Oracle, etc. No software customization will be
required, except for interfaces. (There are no eProsecutor modules; you have access to all
of eProsecutor.)
Hosted (alternative)
Tonaquint Data Center, located in Utah, provides the SaaS hosted facilities which boasts
state-of-the-art security, fire, safety, power protection, climate stability features along
with robust connectivity and bandwidth services.
Network security within the physically secure facility includes a network firewall anti-
spoofing controls and IP prefix-lists, and Unicast Reverse Path Forwarding (URPF)
protocols. Tonaquint’s network design characteristics are built at minimum N+1 industry
standards and is considered a true tier 3 facility.
Journal Technologies conducts weekly third-party penetration and vulnerability tests on
every hosted customer environment. Tests span discovery, exploitation, brute-forcing
and reporting, providing advanced evasion and post-exploitation methods. In addition to
these tests, Tonaquint has stringent data access controls.
Fortune 500 companies, major corporations, educational institutions, and government
agencies trust Tonaquint Data Center with their hosted services.
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Approximately 25 Journal Technologies customers in state, local and federal government
are hosted in a private cloud like Tonaquint. If hosted, you will still need the
development, testing and strategy servers in this diagram.
Hardware Environment
`
Internal Users
eCourt
Application
ServersAdditional 20 courts / 500 usersDatabase
Server
MS SQL
Public Portal
eCourt Application
eCourt Database
`
Public Users
Load Balancer
Firewall
NAS SQL Database Server
NAS SQL Database Server
Backup
DEVELOPMENT, TESTING, TRAINING, AND STAGING
`
Users
eCourt/
eCourtPublic
Application Server
eCourt/
eCourtPublic
Database Server
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Case Management System
Note: All can be virtualized using VMWare or equivalent.
Environment Item Description Hardware and Software Requirement QTY
Production Application Server Hardware: HP DL360/G7 Dual CPU Xeon X5660 (6 Core, 2.8 GHz, 12M Cache), 8GB RAM,
3X146GB 10K RPM Hot Pluggable HD
2
Software: Windows 2008 R2 Server / Standard Edition 2
Apache Tomcat, Jasper iReport
MS SQL Server
Hardware: HP DL360/G7 Dual CPU Xeon X5660 (6 Core, 2.8GHz, 12M Cache), 16GB RAM, 5 X
300 GB 10K RPM Hot Pluggable HD
2
Software: Windows 2008 R2 Server / Standard Edition,
MS SQL Server 2008 R2 / Standard Edition 2
NAS - Database and File Server Hardware: HP X1800 Xeon X5530 (4 Core, 2.4 GHz, 12M Cache), 16GB RAM, 8 X 300 GB 10K
RPM Hot Pluggable HD
2
Software: Windows 2008 Storage Server 2008 R2 (Pre-Installed),
Double Take Mirroring Software 1
Public Portal Application & Database Server Hardware: HP DL360/G7 Dual CPU Xeon X5660 (6 Core, 2.8 GHz, 12M Cache), 16GB,
3X146GB 10K RPM Hot Pluggable HD
1
Software: Windows 2008 R2 Server / Standard Edition, PHP, MS SQL 1
Load Balancer Coyote Point Systems E350si 1
Development,
Testing, Training,
Application & Database Server Hardware: HP DL360/G7 Dual CPU Xeon X5660 (6 Core, 2.8GHz, 12M Cache), 8GB RAM, 2 X
146 GB 10K RPM Hot Pluggable HD, 3 X 300 GB 10K RPM Hot Pluggable HD
2
& Staging
Software: Windows 2008 R2 Server / Standard Edition 2
MS SQL Server 2008 R2 / Standard Edition 1
Signature Pads Topaz
Scanning Hardware Kodak 2800
Report Writers Crystal Reports; if desired
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eCourt/eProsecutor Architecture
eProsecutor is an n-tier, browser-based application developed on Java 2 Enterprise Edition
(J2EE) platform, an industry standard. A principle reason we went with J2EE is that it provides a
superior match of cross-platform flexibility and performance relative to competing application
environments. As a result, you can leverage your existing software investments.
The core design pattern of eProsecutor is the Model-View-Controller (MVC) pattern, a proven,
established methodology of architecting enterprise web applications. MVC separates design
concerns (data persistence and behavior, presentation, and control), decreasing code duplication,
centralizing control, and making the application more easily modifiable.
The software architecture consists of the following components:
Client Layer: Which consists of the various web-enabled devices (desktop PC’s,
notebooks, iPhones, PDAs, etc.), the browsers installed on them as well as any 3rd
party applications installed on them.
Application Layer: Which includes the major components of the eProsecutor product
including security, case processing components, the application framework, the
application program interface (API), as well as any other products (such as content
management systems, jury management systems, etc.) that eProsecutor has been
integrated with.
Data Layer: Which includes the relational database (RDBMS) and the storage media
supporting it.
Client Layer
The Client Layer includes the following components:
Web Browser – eProsecutor uses standard Javascript/AJAX throughout the application.
As a result, clients may use Internet Explorer, Firefox or Opera on all workstations
throughout the organization (including branch offices, etc).
3rd Party Applications – The interface layer also interacts with 3rd party applications
through our configurable API (see below). Using standard web service protocols,
eProsecutor can interface with desktop client/server applications, mobile phones, PDA’s,
etc.
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Application Layer
The Application Layer includes security, the case processing components (which are described
in the proposal), the application program interface (API) and integrated 3rd party applications
(please see Section 4 – Integration, Interfaces, and Information Exchange), and the “Framework”
that provides support for all of these components.
Application Layer – Security
eProsecutor has an advanced user/group access paradigm in which operational hierarchies of
personnel (front office, supervisors, judges, evaluators, etc) are consolidated with organizational
units (districts, divisions, units, etc). This approach is extremely flexible for clients who wish to
manage data access based on organizational structure. All application objects (system functions,
cases, business rules, forms, reports, etc) are passed through a security audit to check user
privileges before proceeding with a transaction. Additionally, eProsecutor allows for a number of
sensitivity settings for case data including public, private, sealed confidential, and medically
sensitive.
eProsecutor’s security also includes:
Login - Rules as to username/password length, format and expiration dates are
defined in a properties file. Thus, eProsecutor will conform to your standard of
passwords at least eight characters long including at least one alpha, one numeric
digit, and one special character (e.g., * & ^ % $ # @ ! ~). Passwords can also be set
to expire after [n] days and cannot be reused. Logon is completed via SSL encrypted
sessions. Passwords are encrypted in the database by way of a one-way hash
encryption using SHA-256 bit digest. An administrator defined timeout period can
optionally cause the system to disconnect users who have been inactive for a set
period of time.
Single Sign-On - For customers that prefer a “single sign-on” model, we provide an
interface to LDAP. This interface accommodates both an integrated or externalized
identity access. There can be a substantial overhead associated with eProsecutor
interfacing with network resources in real-time so this solution should be carefully
evaluated.
A more detailed discussion is provided in Security under Technical Functionality and System
Requirements.
Application Layer – API
In legacy systems, APIs would typically be hard-coded for each integration point. This means every
time the court needed to send data, for example, to the public prosecutor, these integration points would
have to be hard coded. This is normally very expensive. Instead, eProsecutor’s API utilizes the
configurability of the metadata and the eProsecutor Form Builder to allow dynamic API calls. This
should be considered a highly significant aspect of eProsecutor. With our configurable API, systems
administrators can configure a brand new data hierarchy and make it available to 3rd party systems
when unique interface requirements arise. So instead of waiting weeks (sometimes months) for new
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API functions to be hard coded into the system, these functions can be added within hours without any
new code.
Application Layer – Configurations
eProsecutor provides support for a wide range of functionality and a number of specialized
configurations have been developed to meet the specific needs of different types of courts and
justice agencies. Available configurations include:
Courts
Administrative Hearing Courts
Appellate Courts
General Jurisdiction Courts
Limited Jurisdiction Courts
Justice Agencies
Probation
Prosecution
Public Defense
A special configuration, eCourtPublic, has been developed to meet requirements for public
access to information and services and includes functionality to enable members of the public to
file documents, dispose traffic citations and other matters where a court appearance is not
required (including the payment of fines, fees, and assessments) obtain forms, and conduct
limited searches. eCourtPublic includes a number of “wizards” to guide members of the public
in the completion of their online business with the court.
Application Layer – Case Processing
eProsecutor provides significant functionality to facilitate the processing of cases through all
stages from filing through disposition and post-judgment activities. A discussion of the
functional capabilities of the product is not within the scope of this document and is provided in
other reference documents, in the User Instructions, and in the online help content provided with
the application.
Application Layer – Framework
The framework is comprised of:
Metadata – The metadata is an abstract layer resting above the physical database that enables
clients to extend eProsecutor baseline tables (entities) and add completely new fields, tables
and relationships to the system. This functionality allows clients to exactly meet their present
and future data requirements. The metadata layer can be modified at runtime through an
administrative interface.
Screen Builder - The Screen Builder is one of the most often used administrative screens
in the system. It not only gives clients control of the data being displayed on case-
management screens, but also provides functionality to display the data in different views
and styles (columnar vs. tree, grouping, different colors and icons, etc). And because the
Screen Builder is so closely tied to Metadata, portions of the screen builder are re-used
for configuring the API, Minutes and Register of Actions.
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Dashboard Metrics - The dashboard consists of multiple portlets/gadgets. Each user in
the system can choose what gadget they wish to display on their dashboard and how they
are organized. Users can have single, double, and triple column layouts of gadgets.
eProsecutor also has built in user based color schemes, enabling each user to choose look
and feel they are most comfortable with. Gadgets can be rearranged by simply dragging
them into position. Some of the currently supported gadgets are: saved searches,
currently assigned cases, upcoming events, recent cases, embedded reports, work flow
assignments, court news, recently archived reports, embedded calendar, notepad, etc.
eProsecutor dashboard is complete implementation of java portlet specification (JSR-
168). The dashboard implementation based on an open standard allows for rapid
development of future gadgets and allows for clients extend eProsecutor’s dashboard and
develop their own gadgets.
Searches & Reports - eProsecutor ad hoc reporting is done through its powerful
configurable searches. eProsecutor searches are built using eProsecutor’s custom search
builder. The search builder provides an easy to use user interface for constructing both
the search criteria and search results. Building searches does not require database
knowledge and can be done in real time. Users can save commonly used search criteria,
these “saved searches” can be displayed on the user’s dashboards where they can be
opened or run in one click. Each criteria field can be filtered using various operators,
such as equals, greater than, less than, soundex, contains with wildcard support, and
many more. Date differences, day of week, month, year, and other standard date
functions are available when building criteria and results.
From the search results users can select multiple results then execute bulk operations,
such as reschedule event, update cases, update addresses, adding of attorneys, etc. The
user can easily sort the search results by clicking the column headers and pagination size
of the results can be controlled user. Search results can also be exported in multiple
formats, including: Excel, XML, CSV, PDF, and RTF.
eProsecutor searches can be made into drill down searches by grouping on various search
results. When grouping various aggregate functions are available, for example: averages,
counts, maximums, minimums, and summations. Result data can also be pivoted to more
advanced layouts.
In cases where searches can provide the desired report, eProsecutor also has a built-in
JasperReport engine. This engine allows for registration of reports in a report index.
After registration the report can be run against the live data or on the reporting database.
In addition to on the spot execution of reports and searches they both can be setup on a
schedule (ex: weekly, monthly, annual, etc.). eProsecutor will automatically run these
scheduled report / searches then the results will be emailed of posted on the appropriate
user's dashboard.
Conditions & Business Rule Engine – eProsecutor condition engine is a custom, forward
chaining processor built using a “best practices” approach for processing
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production/inference rules. These types of rules are used to represent behaviors of the
type IF condition THEN action. For example, “IF pending charges still exist, THEN the
case cannot be disposed”. The key aspect of the business rule engine is that through a
web administrative interface, clients with appropriate security can create and manage
business rules in real-time without changing the underlying code.
The eProsecutor system also contains a complete business rule repository. This
repository allows for easy management of custom rules. The eProsecutor system
includes standard business rules for automatic notice generation, automatic scheduling,
official assignment, and many more. Inside the repository users can modify these
existing rules or create new rules using a simple scripting interface. Also, eProsecutor
interface allows for rules to be executed in test / debug mode, for rapid development.
Cross References – eProsecutor provides a flexible cross-reference module that gives
clients the ability to reference nearly any case record to another. The relationships can be
visualized in the main case view as well as queried during configurable searches. What’s
more, cross-reference records are symmetrical and can be many-to-many. From a data
integrity standpoint this is valuable in that (i) users don’t have duplicate data in order to
see both sides of a cross reference and (ii) complicated relationships may be established.
For example, the cross-reference utility can manage the complex many-to-many
relationships that can sometimes exist between attorneys and parties in a complicated,
class action lawsuit.
Workflow Engine – eProsecutor’s workflow engine allows for the processing of business
procedures or "workflows" during which information or tasks and documents are passed
from one participant to another in a way that is governed by rules or procedures.
eProsecutor’s workflow engine is a custom implementation based on XML Process
Definition Language (XPDL) of the Workflow Management Coalition (WfMC). The
workflow processor has complete access to the business rule engine to carry out all
automated functions. By design, the workflow engine can exist on separate, dedicated
servers to increase efficiency.
As an example of workflow, courts are increasingly accepting electronic filings from
both the bar and the public. In eProsecutor, an electronic filing can be directed to a work
queue where the filing can be reviewed and accepted by a staff member. Upon
acceptance of the filing and the cashiering of the filing fees, the filing can be directed to a
case creation queue where the case would be initiated; a judicial officer assigned and a
hearing scheduled; the appropriate notices generated; and the original filing and the
notices posted in the electronic case file in the document management system. Should
the case require proof of service prior to the hearing, an item can be created in a work
queue to verify that the filing party has provided it. This is a superior alternative to the
customary setting of an OSC, which then has to be vacated when the proof of service is
filed, thus avoiding the additional work involved as well as the potential difficulty if the
proof of service is misfiled.
eProsecutor also includes a workflow management console, which provides a complete
view of all tasks inside a work queue and allows for modification to a single task or
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multiple tasks at once. Each work queue management screen contains a summary at the
top of the page that details all open tasks for the queue along with the following: number
of high priority tasks, number of unassigned tasks, number completed today, number
received today, number past due, number due today, number due tomorrow, number due
in two to three days, the number of tasks aged fifty to seventy-five percent, number of
tasks aged over seventy-five percent, and how the queue is performing compared to the
pre-configured tolerance levels. The statistics are provided for the entire work queue and
also broken down by individual participating in the queue.
Navigation/Menus – Clients have the ability to adjust general navigation of the
system to perfectly fit the needs of the specific user role. For instance, the menus of a
clerk can be modified to only display hyperlinks relevant to his/her job. Alternatively,
judges may customize their menus to include quick links to pertinent websites
existing outside of the system. eProsecutor also has developed a caching mechanism
to enable quick display of menus throughout the system.
eProsecutor also contains a small command line language called “supercodes” that allows
quick navigation to system screens and/or execution of actions or business rules. The user
enters a code into a command line followed by parameters (if any). If the syntax is
correct, the corresponding action is taken.
Auditing – eProsecutor tracks and provides an audit trail of important application data
updates such as date, time, transaction id, user id and agency id. This audit trail is
accessible to authorized users and allows grouping/sorting and analysis by the above
factors. This information allows selection of records by date ranges. With each
change the system will automatically log the user, transaction ID, time of
modification, and a complete history including revision numbers of any record being
modified. Using this data the system can actually reconstruct the case at any point in
time over the life of the case. eProsecutor also tracks IP, location, and user access to
cases and people. System logs various security events by user and time, such as:
URL access violations, task access exceptions, form access exceptions, case status
denials, case type and entity denials, ACL exceptions, logins successes, login failures,
seal case and document exceptions, application startups, and report access exceptions.
Notices Engine – Our Notice engine manages all forms and notices throughout the
system. The engine contains a number of utilities that (i) utilize pre-existing MS
Word or PDF documents or (ii) create new forms and notices not bound to a
proprietary word processing system. In either case, you would map data from the
database to a particular form/notice. In the background, eProsecutor uses open source
software called Velocity to assist in mapping data. Velocity is a Java-based template
engine. It permits anyone to use a simple yet powerful template language to reference
objects defined in Java code. You can read more about the velocity project at
http://velocity.apache.org.
Persistence Engine - eProsecutor utilizes an open source module called “Hibernate”
as the main method for query execution and persistence management. Hibernate is a
high performance object/relational persistence and query service for Java. Hibernate
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manages the connection to the database keeping eProsecutor portable to all SQL
databases. Because of this, eProsecutor scales extremely well as concurrency
increases in a cluster or on a single machine. For more information about Hibernate,
go to http://www.hibernate.org.
Database Layer
The database layer includes the following components:
Tables - eProsecutor employs a relational database model with referential integrity
strictly enforced. As mentioned in the functionality review, eProsecutor’s configurable
nature would allow you to insert additional tables and/or columns as business processes
change. Out of the box, eProsecutor system database structure follows 2nd and 3rd level
normalization. If further database de-normalization is required for performance reasons,
we will document the specific reasons and actions that must be taken.
Indexes – eProsecutor indexes the baseline fields needed for general use. However, due to
the configurable nature of eProsecutor, system administrators are free to create indexes
on additional fields as they see fit.
Triggers, Cursors & Procedures - eProsecutor does not use triggers, cursors, stored
procedures or any other database objects whose functionality may change across database
platforms.
Agnosticity - Although we generally propose Microsoft SQL Server, you are free to
migrate to any major JDBC-compliant database platform in the future (Oracle, MySQL,
etc).
Business Rules
eProsecutor provides a business rule engine for administrative users. It allows complete access to
the system objects and thus a rule can be written to provide Create, Read, Update and Delete
operations. The rules can to be implemented using a scripting language called Groovy that
follows the standard programming standards and compliance. These rules can be
applied/implemented in various ways:
In screens as validation rules or transactional rules.
In entities to allow for additional complex validation and transactional rules.
In document templates to calculate complex template fields.
In minutes.
For Interfaces for communication with 3rd party interfaces
The Workflow engine in eProsecutor also utilizes rules for automation to e.g. generate a notice
of hearing when an event is scheduled. The business rules provide full access to consume SOAP
and REST web services.
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PRODUCT AND PROJECT INFORMATION
Vendor Journal Technologies, Inc.
FORM B.1 – DESCRIPTION OF THE PRODUCT
The purpose of this form is for the Vendor to provide the product history and system release
information.
PRODUCT DESCRIPTION VENDOR RESPONSE
Indicate the name(s) of the overall product or
applications family with proposed version eProsecutor
Other names or companies under which the
product(s) (or previous versions) have been sold New Dawn − JustWare
Number of Implementations of Proposed Version See Company Profile
Sold with Perpetual License (YES, NO) No.
Year Product First Introduced October 2009
Number of Major New Versions/Releases to
Date About quarterly.
Date of Current Version/Release v 7.44 version was released in February 2014.
Projected Date of Next Major Version/Release V7.50 version in June.
If proposed release or product is not fully
operational, list stage and estimated release
date.
Percentage of time targeted release dates are
met, average delay time (in days) when target
release dates are late.
Quarterly – minor releases
Yearly – major releases
Patches – anytime
Criteria used to determine when a
version/release becomes generally
UNSUPPORTED.
About two years.
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FORM B.2 – RECOMMENDED SYSTEM CONFIGURATION
Please provide a complete description of the recommended hardware requirements and any
other technical aspects of the system being proposed.
See our Hardware and System Software Configuration and eProsecutor Architecture documents.
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FORM B.3 – OTHER SYSTEM SOFTWARE
Provide a listing of all systems software required to run the proposed system(s).
SOFTWARE TYPE PRODUCT
NAME
RELEASE
LEVEL OF NEED
FROM WHOM DOES
THE CUSTOMER
PURCHASE
THE SOFTWARE?
MANDATORY OPTIONAL
Operating System Windows 2008 R2 M Microsoft
Application
Programming
Language
Java 6 M Open Source
Network Software Browser-based
Communications
Software eProsecutor
Report Writer
Jasper
Crystal
M
Open Source
Crystal
Screen Builder eProsecutor
Database
Management
System
SQL Server
Oracle 11g
2008 R2
11g
M
M
Microsoft
Oracle
System Utility
Software & Tools eProsecutor
Interface Software eProsecutor
Other (Specify)
Other (Specify)
FORM B.3(a) - DATABASE MANAGEMENT SYSTEM
APPLICATION SPECIFY DATABASE DBMS SOFTWARE USED NUMBER OF CONCURRENT
USERS SUPPORTED?
eProsecutor SQL 2008R2 Unlimited
eProsecutor Oracle 11g Unlimited
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FORM B.4 – IMPLEMENTATION SUPPORT - PROPOSED SOFTWARE
SOFTWARE IMPLEMENTATION SUPPORT
SUPPORT FEATURES SUPPORT FEATURES DESCRIPTION
1. Location of implementation team and back up
staff (city, state).
Los Angeles, CA
2. Does the Vendor have different
implementation support packages?
If yes, what are they and how do they differ
from one another?
Impact/Requirements on County resources
Which package is being proposed here?
No. See contracts for maintenance program.
3. Number of person-hours and type required for
proposed implementation?
Type of People required
IT
Subject Matter Experts
Attorneys
Office Staff
Management
Normally we can effectively use anyone you can make
available, especially those who know your procedures.
To get you to the go-live we just have to pitch-in and get
it done one way or the other.
See our section on Project Management and
Implementation Schedule.
4. Does the Vendor utilize a "train-the-trainer" or
"train-the-user" approach for the application
software?
End user training would utilize train-the-trainer.
5. Indicate the maximum number of people that
can be trained in a Vendor-sponsored class
for the application software.
See our section on Project Management and
Implementation Schedule.
There is no set maximum number. When we get to
training, you will know the best way!
6. Regarding technical training that addresses
the issues below, state how and when the
training for each is received and whether the
training is conducted on- or offsite.
Classes for IT support.
Classes on system utilities such as report
writers, screen builders, database design,
and query functions.
See our section on Project Management and
Implementation Schedule.
Technical training almost begins day one mostly onsite.
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FORM B.5 – IMPLEMENTATION SUPPORT DESCRIPTION
1. Project Mgmt - Indicate the time allotted for project management activities.
See our section on Implementation that follows.
2. Training - Indicate the time allotted for user training, including training for such activities
as file building, report generation, and software function.
See our section on Implementation that follows. We have an unlimited budget for
implementation training; we will train until you want no more. Train-the trainer will be
appropriate for certain groups of users.
3. Implementation Support - Indicate the time allotted to support the implementation other
than training or project management.
See our section on Implementation that follows.
(1)
PROJECT MGMT
(2)
TRAINING
(3)
IMPLEMENTATION
SUPPORT
APPLICATION
TRAINING
OFFSITE
DAYS
ONSITE
DAYS
OFFSITE
DAYS
ONSITE
DAYS
OFFSITE
DAYS
ONSITE
DAYS
See above.
OPERATIONS TRAINING
TECHNICAL TRAINING
OTHER TRAINING
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FORM B.6 – SOFTWARE UPDATE POLICY
SOFTWARE UPDATE CATEGORY
(e.g., Version, Release)
SOFTWARE UPDATE POLICY RELEASE VERSION (explain)
1. Are customers charged (in addition to
support fees) for this category of update
(yes/no)?
No No
2. What is the estimated cost for purchase of
this update?
N/A N/A
3. How often are updates issued (e.g., monthly,
quarterly, yearly)?
Quarterly Yearly In case of minor
enhancements and
known bug fixes, the
releases are made
quarterly. In case of
major functionality
release, versions are
released annually.
Critical bug fixes are
fixed and patches may
be released if required.
4. Are updates Vendor-installed or customer-
installed? If the answer varies by level of
support purchased, explain.
The initial installation is
done by the vendor.
Once the go live
happens, any upcoming
upgrades are handled
by the customer with
documentation
provided. Journal
Technologies will assist
in upgrading the system
with the customer for
the first release after go
live to make them
comfortable with the
upgrade process.
5. What is the estimated cost of installation for
these updates?
No additional costs for
first upgrade.
6. Does Vendor provide user education? If so,
does education occur onsite or at Vendor
location?
Yes, normally via the
Internet.
7. Will Vendor guarantee that these updates
are compatible with existing customer-
specific code? If so, is there an additional
charge to upgrade the custom code?
The upgrades will be
compatible with
customer specific
configurations.
8. How many of this category of updates has
been issued within each of the last two
calendar years?
In the last 2 years,
Journal Technologies
has had 2 version
releases v6 and v7. We
do milestone release
every quarter. We
have had 6 milestone
releases over the last 2
years.
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SOFTWARE UPDATE CATEGORY
(e.g., Version, Release)
SOFTWARE UPDATE POLICY RELEASE VERSION (explain)
9. What is the number and date issued of the
most current update?
The most current
version is v7.44
released on February
2014.
10. Does the customer control the date and time
of update implementation?
Yes, that is dependent
on the customer,
however if the customer
skips a major version
release, for example,
customer is on version
5.3, chooses not to
implement v6.0 and
then Journal
Technologies releases
v7.44 and the customer
wants to upgrade to
v7.44, then Journal
Technologies will have
to do custom upgrade
which will involve time
and cost. The product
will still be supported if
the customer chooses
not to upgrade to any
future versions.
11. Will the product become unsupported due to
a delay of update implementation?
See answer to 10.
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Scope of Work
We will configure our true browser-based eCourt/eProsecutor case management system to meet
your requirements. It enjoys a unique advantage over other systems: it was architected from the
ground up as a highly configurable “business processing engine” to be the centerpiece for
document management and eFiling solutions and used by trial and appellate courts and district
and public defender offices and other governmental agencies including probation and county
governments.
Users only need a web browser (Internet Explorer 9+, Chrome, Firefox, etc.) to access
eProsecutor and eCourtPublic from desktops, laptops, smartphones (iPhone, Android) and tablet
devices (iPad, Xoom, etc.) The system’s graphical user interface, including all screens and
dashboards, is natively touch screen enabled. The system can either be on the Cloud or your
servers. eProsecutor is database agnostic; you can use Microsoft SQL, Oracle, etc. No software
customization will be required, except for interfaces.
We have installations in California’s Solano, Mendocino and Colusa district attorney offices and
are finalizing contracts with Butte County.
In addition, we provide our system to more than 200 district attorneys/prosecutors throughout the
United States with Suffolk County District Attorney, New York being one of the largest with 6
offices and 400 attorneys.
eProsecutor Features
Configurability and flexibility
eProsecutor is configurable; this is why we can provide a unique solution for governmental
agencies. Using our core prosecutor configurations, we will modify it to accommodate your
unique requirements.
Configurable Navigation – eProsecutor’s Site Navigation Manager allows you to adjust
general navigation of the system to perfectly fit the needs of the specific user role.
Configurable Screens – Our Screen Builder utility enables you to not only control the
data being displayed on case-management screens, but it also provides functionality to
display the data in different views and styles (columnar vs. tree, grouping, different
colors and icons, etc) for different users.
Configurable Data Elements – Our Metadata Tool enables administrators to precisely
meet any new requirements by extending our baseline database tables. This includes
creating new entities and fields, creating relations between different tables, and assign
data types to the fields. With some additional configuration using the Screen Builder, a
new form can be quickly created and modified in a fraction of the time that older systems
would require for similar changes.
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Configurable Business Rules – These types of rules are used to represent behaviors of the
type IF condition THEN action. For example, “IF pending charges still exist, THEN the
case cannot be disposed”. Through a web administrative interface, users with appropriate
security can create and manage business rules in real-time without changing the
underlying code.
Configurable Financial Distributions - Our Auto-assessment Engine allows you to
modify the distribution of funds to the proper general ledger accounts.
eProsecutor’s configurable structure supports a wide range of investigative and judicial activities
including:
Investigations can be created either before or after a formal complaint or incident occurs.
Investigators, documents, meetings, and people related to an investigation can be tracked.
Investigation screens are completely configurable and use the full functionality of
eProsecutor. Confidential sources can be displayed or hidden based on user security
settings.
Evidence can be added to cases at any time and a chain of custody can be established
through tracking of dates, times, locations, and custodians in possession of the evidence.
Images of evidence can be attached for use as proxies during hearings.
Property seized as a result of arrests or investigations may be recorded, including serial
numbers, descriptions, and estimated or assessed values. Disposition of forfeited
property can be tracked through property sales records which can record both bids and
final sale amounts.
Searches are configurable and can be scheduled to run automatically and saved on a user-
by-user basis. Searches can be configured with “drilldown” sub-views to provide an
extensive amount of detail.
Digital and electronic signatures and electronic stamping can be configured for all
documents. Additionally, all documents are securely stored and a complete document
history is available that logs all activity on the document such as viewing, printing, e-
mail, etc.
Consequently, eProsecutor’s configurability reduces the efforts needed to accommodate the
differing needs of each agency.
Workflow
eProsecutor’s workflow engine can accommodate automated workflows by nearly any data-
driven parameters including case type, agency, case status or any event-driven activity.
eProsecutor’s built-in workflow configuration utility enables your administrators to control all
aspects of workflow including (i) creating new workflows or modifying existing ones, (ii)
identifying the specific event or action that inserts work into the queue, (iii) determining how
many items may be assigned, (iv) automating actions to take if work is not completed within the
specified timeframe, etc.
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We will configure your workflows to accommodate the various processes of your units or
divisions.
eProsecutor’s workflow system contains a variety of functionality. For instance:
Configurable Triggers – Triggers initiate items in workflow queues based on either data-
driven or event-driven actions such as the filing of a document, the entry of a judgment or
disposition, the creation of a document, etc. Triggers are often configured to move items
into “automated” queues, which can automatically update case records with virtually any
kind of data.
Configurable Time Standards – Time Standards work very much like triggers except that
they are based on the age of items rather than “listening” for a particular action. For
example, an item can be created in a workflow queue if a party fails to comply with an
order of the court within a set number of days from the filing of a document. Similarly,
the time standards give supervisors the flexibility to specify different actions, such as
automatic escalation, based on the age of an item within a work queue. These actions
include routing the item to another work queue, notifying the user that the item requires
immediate attention, notifying the supervisor, or some combination of all of the above.
Multiple time standards can be put into place so that, for example, the user gets a message
when the item is five days old, the user and supervisor are both notified when the item is
10 days old, and the item is automatically routed to another queue (with notifications), as
needed, when the item reaches 15 days old.
Ad-hoc Workflow Redirection – Users with supervisor rights can redirect work from one
staff member to another in the event of an absence, special assignment, or other
circumstances that require a temporary reallocation of work.
Calendaring
The calendaring system provides a monthly, weekly and daily view, and can be searched by
official, attorney, facility, case type, resource and date. The monthly view shows at a glance the
number of events scheduled in the morning and afternoon, and the number of events that are
reserved. The weekly and daily views show the events that are scheduled. The electronic case
file can be opened by clicking on the event link. Events can be scheduled, reserved, rescheduled;
agency business can be scheduled; and time off can be scheduled.
Since court events are typically scheduled in the court’s case management system, event records
may be imported either directly from the court’s case management system (if an interface is
available) or from the output of a report of events (for example, a Crystal Report saved as a .csv
file).
eProsecutor’s Outlook interface also posts events to the attorneys’ Outlook calendars.
Dynamic Advanced Searching and Ad-Hoc Reporting
Along with a library of pre-defined searches, you can compose custom searches across all case
elements in the database. The criteria for these inquiries can be based upon range of parameters
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you require such as case type, case number, unique person identifier, statute number or charge,
docket code, calendar date, event type, or date, etc. Search results can be sorted by column and
“drill down” into case information via hyperlinks. They can also be downloaded as Microsoft
Excel documents.
Saved Searches – Often times, users run certain searches more frequently than others.
eProsecutor provides “saved search” functionality in which an individual’s search
parameters can be saved for future use and are readily accessible from the left hand
navigation panel under “My Saved Searches.”
Reports – eProsecutor provides full reporting capabilities, with possibilities to output the
reports into pdf, xls, html, xml and many other formats. eProsecutor supports ad-hoc as
well as batch processing of pre-designed reports. The reporting module is fully integrated
with the eProsecutor workflow system, which allows automatic and batch processing of
reports. It also uses the bundled document management system for storing reports on
demand or when they are automatically processed in batch mode. The report module is
based on a popular, open source, reporting framework called JasperReports
(http://jasperforge.org). With this system, agencies use their tools of choice (such as the
iReport free desktop application, http://jasperforge.org/projects/ireport) to design the
reports. Then the report designs are uploaded into eProsecutor and configured, and thus
become available for ad-hoc or batch processing. You can also use Crystal Reports.
Expression Builder - The ability to perform configurable searching and reporting in
eProsecutor is due to our Expression Builder utility which is the backbone of nearly all
customized inquires to the database including Searches, Reporting (including statistics),
Work Queues, Form Builder, etc. To shield users from the complexity of generating these
queries, the Expression Builder allows users to “point-and-click” their way into creating
whatever queries are necessary.
Document Management
eProsecutor provides a secure environment for your documents as well as scanning, indexing and
storage of paper-based and electronic documents. All documents, regardless of file formats
(scanned images and electronic files such as PDF, Word, Excel, PowerPoint, Visio, text, audio,
video), are easily stored, managed, and retrieved from within eProsecutor for a single, centrally
managed repository that has the necessary security and automation features to support the
business.
When a document is generated by eProsecutor, it is automatically associated to the case and
saved to the repository. Additionally, when the user has to provide edits prior to saving the
document and sending it, they can upload it to eProsecutor using the Microsoft Word ribbon tool
bar and all revisions are saved.
eProsecutor provides point and click access to all documents and their associated records. You
can retrieve and enhance document images, view keywords associated with the document and
change them if appropriate, add a note, highlight, stamp or signature. Users may also print
documents, send them via internal or external email, save the document to the desktop or
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clipboard, and view the document’s audit trail with a date and time stamp for each action
performed on that document record, and by whom.
Public Facing Website
eCourtPublic, which is fully integrated with eProsecutor and is installed in separate servers away
from the production system, will facilitate efiling of documents by law firms, if desired, and
communications with defense attorneys, victims, etc. E-filing users must register in order to use
the system.
Just as eProsecutor is configurable, eCourtPublic can be configured and customized to meet your
requirements.
Ability to Integrate with Other Systems
You require a number of interfaces. The ability to effectively exchange data between information
systems is critical to the success of integrated justice information systems. In older systems, APIs
would be hard-coded for each integration point. This means every time the agency needed to
send data to another justice partner, these integration points would have to be hard coded. These
hard-coded information exchanges were normally very expensive to develop and maintain and
cannot be readily adapted to meet new requirements for information sharing including the ability
to handle new information exchanges or to adapt to new standards.
Instead, eProsecutor’s Data Exchange API is built on eCourt’s configurable metadata layer, new
fields and columns added to the system are immediately available to the applications that
exchange data between systems. In this manner, eProsecutor system administrators that oversee
these data exchanges can rapidly make changes to the information sent from (or added to)
eProsecutor. So instead of waiting weeks or months for new API functions to be hard-coded into
the system, eProsecutor administrators have the ability to test and deploy their data exchange
applications as quickly as they need to.
Additional eProsecutor Functionality
Notes
Notes allow attorneys and others to attach "virtual post-it notes" to nearly any case. Notes are
often used to organize simple reminders and memos about case information that don't require
formal database fields. Users can quickly create notes of virtually any length with high levels of
custom formatting (font, color size, indentation, bullet items, etc). Most important, every note is
"security enabled" allowing the note author to precise control who can read/edit the note.
A popular feature of Notes is called "My Library" which acts like a repository of commonly used
notes. Individual users can build their own library of these text snippets and can "reuse" them
anywhere in the system that accepts text input. Users can create their own personal index of
notes or add notes to a common "Court Library" which can be used by court staff. All notes can
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be categorized and tagged so the user can rapidly find the exact note they are looking for. My
Library allows attorneys to save their commonly used snippets of text and re-use them in any
written document.
Checklists
eProsecutor’s Checklists component can be used to help monitor and prepare cases. These
checklists can include the major steps in the case as well as the required documents, which can
be “mapped” to eProsecutor’s document received screen. And checklists can be customized with
case notes. Thus, the overall status of the case can be recorded on the checklist and viewed in
the work queues by the appropriate personnel.
Both Case- and Person-centric
eProsecutor supports both case-centric (activity for all of the participants within a case) and
person-centric (activity for all of the cases for a specific participant) activity. Typically legacy
case management systems have been limited to the former, and they provide detailed case history
information (referred to by courts as the Register of Actions) on a case-by-case basis including
information such as the documents filed, actions and decisions of the court, and the case
participants (including the parties, their legal representatives, expert witnesses, etc.).
Minutes
eProsecutor simplifies this process. Its Minutes component provides tools to enable users to
quickly record information using pre-defined templates, cut and paste, use short-cut keys, and
optionally use a bar-code reader to select commonly used text. Most importantly, information
recorded through minutes is posted directly to the CMS eliminating the need to double enter the
information. eProsecutor’s workflow tools can then, for example, process the information
according to rules established by the Agencies (send out alerts, schedule an event, etc).
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Project Management and Implementation Schedule
Having installed many case management systems for courts and agencies, we not only understand
the project scope as noted in other Sections of this response, but we know the potential problem
areas which we will consider every day of the implementation.
We will utilize the results of the initial planning meetings guided by the attached Project
Implementation Agenda to jointly build the installation tasks and the responsibilities for and the
sequence of each Track. The Agenda provides a general description of the agency’s responsibilities.
There are no eProsecutor payment milestones except for just before the go-live.
The timeline for most implementations depends on the completion of the interfaces and conversions.
eProsecutor has a robust API module that has been used to develop many interfaces. We have
included our procedures for data conversion and interfaces. However, because there are many
interfaces, we might recommend using a third-party vendor to assist.
We have developed the following major CMS functional tracks: These Tracks will be tailored to
your requirements.
Tracks Classification Tracks Classification
A Facilities and Organization I Reports and Searches
B Calendars and Scheduling J Accounting
C Configuration and Navigation K Other Processes
D Business Process Review and Workflow L Interfaces
E Notices and Documents M Data Conversion
F Checklists and Exhibits N Acceptance Testing
G Minutes O Training
H Dashboard P Implementation
Many of the Tracks are fairly independent and can be done in parallel. Each case type or a related
group of case types probably will have its own configuration and workflows. We will facilitate the
“configuration work sessions” and with your staff, configure the components of the system to your
specific requirements.
With at least some of the configuration data and sample personnel/scheduling information in
eProsecutor, the system will start to come alive, and you can begin to check off your functionality
requirements.
Training
The training program and documentation will be tailored to your configured screens, processes and
procedures for each case type or group of case types. We need to train what was configured. The
agency’s staff will be deeply involved in the configuration and workflow processes, and from these
sessions will come a jointly developed training program. We use a train-the-trainer approach for end
users. We have an unlimited budget for implementation training.
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Training and online “help” share the three components of the online documentation. All of the help
functions can also accommodate both audio and video.
1. The universal view provides the complete eProsecutor documentation; its Table of Contents
can be sorted by role to parallel training courses and facilitate the focus during “refresher”
reviews.
2. Most screens have “help” that is brought to the user’s open screen when you click on the “?”
at the top of the screen. Consequently, the user continues to see what they are working on
while they view the help information.
3. Every element on the screens can also have tailored help. Just insert a “?”, for example, next
to a dropdown, and then click on it to see a note explaining the dropdown while the screen
remains open.
We work to minimize future dependency on us through knowledge transfer and the development of a
client Help Desk that is staffed by experienced individuals who have worked on the project and thus
have both a firm grasp of eProsecutor and how it was implemented. As a result, they are able to
effectively triage problem reports with hardware, network, and user errors being handled locally in
an expeditious manner with us standing by to provide support or to handle problems related to
software defects or functionality deficiencies.
System administrators will be involved (trained) from the start and will include configuration,
workflow and the associated business rules, notice mapping, form generating, document scanning,
etc. A major part of the training will be on-site.
Support Services
Our support team consists of about 15 full-time employees. Your eProsecutor administrator should
be the front line of support for all your end users. They can access our support specialists via toll-
free phone, email and online chat, between 8 a.m. and 7 p.m. Pacific, Monday through Friday. We
will respond to all support requests within four business hours of receiving the request. We are also
available to respond to emergency issues at other times.
All support issues are logged into our internal database and assigned a case ID. Every case has a
history of notes, correspondence, involved parties, and solution information. This centralized
database ensures that our staff has all the information they need to resolve your issues.
As indicated in the Software License and Support Agreement, routine support is included in the
annual license and maintenance fees; there is no cost for bug-fixes.
We have remote access for all of our clients, and we will adapt to the County’s remote access
methods.
The current version of the eProsecutor software is v7. We provide quarterly service level releases
which consist of patches and bug fixes and an annual release of a new version. The upgrades in
versions are deployed as “war” files, which contain upgraded java code for new features or fixes that
have been released. Also included in the upgrade file are upgrade scripts for databases, which will
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refactor or change any database changes that have been made in the product. All these upgrades
apply only to the core features of eProsecutor and do not affect any custom changes made for a
particular client. This will take care of any extensions to the product made by the client.
Testing
Our quality assurance and testing practices combine an adherence to industry standards along with a
comprehension of the flexibility necessary to successfully implement and upgrade clients with
unique business requirements.
During User Acceptance Testing (UAT), we will work closely with you to ensure the configuration
and related interfaces are rigorously tested prior to acceptance and production cutover. We propose
some of the following approaches, processes, tools and methodologies in support of UAT:
Strategy and Planning
The testing strategy will be considered early in the engagement to remain consistent with the overall
project plan and ensure sufficient resources from the client will be available to participate in the
testing effort. The test plan, developed with the client to ensure input and agreement, will include
sections such as scope, schedule, test scripts, script execution and defect resolution processes, testing
tools, resources and responsibilities, reports, and acceptance criteria.
Script Development
Test scripts will be developed with the client to ensure the product goes through a balanced testing
program that includes end-to-end business processes as well as targeted testing for interrelated
features such as security and interfaces. The scripts will be loaded into a central test management
tool to facilitate script updates. Functional requirements will be mapped to test scripts to ensure
complete coverage during the test execution phase. We will also work with the client to determine
and load any test data needed in the system prior to execution of specific test scenarios.
Execution and Defect Resolution
Wide client participation during the test execution phase is an opportunity to identify obscure issues
as well as encourage system adoption. Regular communication with participants, including an
orientation on test management tools and testing processes, will be provided to client resources who
will serve as testers during this phase. Testers will execute assigned scripts and log defects in
defined cycles, and then retest the fixed defects in subsequent cycles. Regression testing will also be
conducted to ensure the product remains stable after each build.
Testing Reports
Standard testing reports will be produced for the project team to track progress, status, and highlight
any issues requiring management attention.
Operational Readiness Testing
A detailed cutover plan will be developed in conjunction with the overall engagement plan, but our
proposed process for Operation Readiness Testing is to begin in parallel with UAT. While UAT is
conducted in the training environment, we can begin addressing certain requirements in the
production environment that are not dependent on the final configuration from UAT, such as
connectivity to scanners and printers; connectivity to DMS; connectivity to 3rd party interfaces;
loading users and their security profiles; and performing realistic load, performance and failover
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tests on the application, network and hardware. Once UAT is complete, the configuration from the
testing environment will be migrated to the production server where 3rd party interfaces, connectivity
to peripherals, and the go-live configuration will be retested to ensure the entire application is
functioning as expected. Final cutover activities will occur the weekend before the go-live date,
when the client can make a go/no go decision.
User Acceptance Entry and Exit Criteria
We propose the entrance criteria for a specific test cycles should include a stable system, the
appropriate test data has been pre-loaded into the database, and communication to client staff has
been delivered to discuss the schedule and objectives of the test cycle and script assignments. Exit
criteria for the cycle should include the complete execution of assigned scripts. The client should
expect a small pause between cycles to refresh the data (if needed) and remediate issues found
during the previous cycle, thereby becoming entrance criterion for the next cycle. Final acceptance
criteria should include at least one execution of the defined test scripts and the resolution of all
issues found during testing deemed critical for go-live.
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Data Conversion
Overview-eProsecutor
Our Data Conversion Methodology has been successfully used at numerous clients and will be the
basis for migrating data from the agency’s legacy systems to eProsecutor. We have used this
approach when converting to Journal Technologies from over 50 systems.
The methodology is a multi-step process, resulting in a tailored data conversion approach based on
the unique circumstances of each conversion. Data conversions are typically difficult to estimate
and manage given the volumes of data involved and the fact that significant aspects of the
conversion, such as historical data type changes and old legacy conversions exacerbate the problems
faced by the conversion team.
Most conversions must follow a fairly structured process. However, some phases overlap and initial
analysis may even negate some subsequent steps. In summary:
Assessment. During the Assessment phase, data models will be developed of the information
in the legacy systems. These models will assist in understanding the scope and organization
of data. In addition, case type and record counts will be verified. Agency personnel familiar
with these systems must assume an important role in determining the quality and complexity
of the data in the existing systems and how and where data is stored. This analysis should
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enable the team to create specific data conversion strategies for each legacy database and
preliminary conversion plans, including the required resources.
Confirmation. Periodically, it is important to review the initial objectives. We must
continually ask the question: will the anticipated complexities and the resultant costs
outweigh the benefits? (For Example, the decision on cleansing data that will seldom, if ever,
be used might be no.) Senior department agency personnel must be consulted.
Requirements. Further analysis of the data extracts will provide the road map to create
additional tables in eProsecutor for any new/unique information. Then the mapping process
can begin. We use Excel and rely heavily on your subject matter experts to help define and
explain the data relationships, confirm our assumptions and explain data exceptions, such as
the same data in different tables and even at different times.
This step establishes the baseline from which we will produce a Statement of Work.
(Normally, early in the conversion process, we prefer to take an extract of raw data from the
legacy system and load it into a simplified “interim” relational database using the Pervasive
ETL tool as described below, and then begin the mapping process.)
Statement of Work. We provide updated effort and time estimates. The conversion and
interface process will greatly affect the overall project schedule. Senior agency personnel
must be consulted.
Build. We will use Pervasive Data Integrator, which is a sophisticated, well designed
mapping and staging ETL (Extraction Transformation Loading) tool that non-programmers
can use to easily connect to a wide variety of databases. It facilitates the mapping and
business rules process and provides a foundation for error reports. Use of Pervasive Data
Integrator will increase the sophistication of analytical capabilities, as well as the
completeness, quality and effectiveness of the plans, requirements and documentation.
Cleansing Cycles. There will be a number of iterative cleansing cycles that will be verified
by the team against the requirements. These cycles will require detailed attention from
subject matter experts as they view the data inside eProsecutor. Cleaning data typically
requires a combination of file extracts and error reports, with corrections being applied by a
number of individuals, at varying times, by a variety of means. Data resultant from legacy
entry error can be corrected in the source database with additional corrections acting upon the
“interim” database for those contextual modifications required by eProsecutor. These
contextual rules are persisted and re-applied for each conversion test run as well as for the
final “go-live” transfer. As errors are eliminated, reports are rerun to confirm the success of
cleanup activities and to detect any new errors that may have been introduced into the legacy
system. An issues list will be maintained during this step to keep the team focused on
problem resolution and track any changes to the baseline requirements. This concludes with
sign-off that the team is satisfied with the data accuracy and that it can proceed with go-live.
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Extract
Source
Files
Legacy System
Error Reports
eCourt
Court Legacy Error
Resolution (Manual)
Conversion Tool (Pervasive Data Integrator)
Map
Designer
EXTRACT TRANSFORM
LOAD
Data Conversion ETL Process
Data Reviews
e
C
o
u
r
t
A
P
I
Update logic
XML
Documents
Process
Designer /
Conversion
Logic
Post-Conversion
Processes
(Manual)
Execute Final Data Conversion. This is the final step of the data conversion methodology.
For go-live, the cleansed data in the storage database is further processed to production.
Cases are posted in a predetermined priority sequence so that the courts/agencies are ready to
operate on the go-live date. Conversion of lower priority cases continues until all are
converted. Priority sequencing of data will only be necessary if data volume warrants.
Current procedures allow for groups of cases to be connected. This procedure has proven
more efficient than going from the first to the last case in one giant batch. Additionally, it
provides for errors catching and reruns to start only from the end of the last successfully
transferred group.
*****
Approach to data conversion, including how converted data will be moved to the production system
Data conversion begins with an analysis of the legacy system. We gather business requirements by
talking to the agency staff and producing a business requirement specification document. This
document describes scope and organization of data. Special needs for the case types are analyzed
and included in this document. This document will have number of cases by case type.
The next step in the process is to know the meaning of every piece of data. We will create a legacy
system data dictionary. This data dictionary will include name and purpose of each table. We will
document names, data types and meaning of columns in each table. We will also note relationships
between tables. Although the data dictionary is described in the form of table, columns and relations,
we do not make any assumption that the legacy system uses a database management system. It can
easily be a file system. Knowing the data dictionary, we will produce an ER-diagram of the legacy
system.
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In a similar manner, we will provide an ER-diagram and data dictionary of the eProsecutor system
(new system). After having the data dictionary and ER-diagrams of legacy and eProsecutor system,
we proceed to create the physical design document. This document describes input record format,
output record format, table size information and how data will be transformed. At this point, we will
proceed to extract data from the legacy system.
Data Conversion involves a three-step process whereby agency data is first extracted from the legacy
database(s) using Pervasive Data Integrator and loaded into a MSSQL database of similar structure.
From that database an "interim" normalized database is populated using SQL-based set operations.
Lastly, SQL-based set operations populate the eProsecutor database from the "interim" database.
Validation queries are performed and, as needed, a data "cleanup" utility is provided which can
manipulate "code table" type data in the "interim" structure.
How the data will be extracted from the legacy systems
Data extraction consists of reading data from the legacy systems and writing to a MSSQL database copy.
To facilitate this process, we are using Pervasive Data Integrator. The legacy system ER-diagram and
physical design document described above will be used here to create ETL process and complete the ETL
mapping specification. The table format of the MSSQL database copy will closely resemble the legacy
system data structure. The idea is to extract data from legacy systems and have it available for next step in
the conversion process.
How the data will be converted to the new structure
Both Pervasive Data Integrator and MSSQL have data type conversion capabilities that will be
employed if there are any data type mismatches between legacy and eProsecutor's databases.
Further, if data type casting needs to be performed on the interim structure, some manual
intervention to remedy anomalous data may be required. This manual process is completed using
SQL queries directly on the "interim" database. Since both "interim" and eProsecutor databases are
MSSQL, data type mismatches between those systems are minimized.
Pervasive Data Integrator is used to "map" legacy data to tables and columns in the MSSQL copy.
Table and column mapping from the MSSQL copy to interim and from interim to eProsecutor are all
performed using SQL stored procedures. Data mapping from input format to output format is
described in the physical design document in a previous step.
How the data will be loaded to the new system
Physical design describes input record format, output record format and data mapping between input
and output records. We will modify our existing stored procedures to read input, transform and load
the output record according to the physical design document. Once these stored procedures are
ready, we will execute these stored procedures to load data to the eProsecutor database.
How errors and anomalies in the conversion process will be addressed
Pervasive Data Integrator will catch transformation and loading errors, and, depending upon the
consistency of the agency data, some manual intervention to remedy anomalous legacy data may be
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required. This manual process should be completed within the legacy system by the agency to
guarantee non-anomalous data when additional copies of the legacy data are sought. Since both
"interim" and eProsecutor databases are MSSQL, errors and anomalies between those systems are
minimized.
During the cleanup process, error reports are produced. Agency staff will read these error reports to
verify if data cleanup is accurate and acceptable. At various stages, actual number of cases will be
compared against the number of cases mentioned in the business requirement specification
document. If these numbers differ, Journal Technologies staff will determine the reason for
differences and try to remedy the problem. Finally, any errors discovered during quality assurance
and acceptance phase would be fixed in a similar manner.
How data cleanup will be addressed and expectations for agency participation
Data cleanup can be described as systemic and contextual. Systemic cleanup involves legacy data
inconsistencies with regards to data types, values and ranges. Cleaning this data involves agency
domain expertise and manual intervention within the legacy systems. Contextual cleanup involves
looking at the legacy data in the context of eProsecutor, and the provided cleanup utility addresses
contextual issues on "code table" data.
Data mapping (legacy data elements to new data elements)
During the data analysis phase, a data dictionary and physical design document is developed. The
data dictionary describes the legacy system data elements. The physical design document gives
detailed information on how input data from the legacy system is mapped to output data loaded into
the eProsecutor system. Pervasive Data Integrator will be used to read data from the legacy system
and load it into tables in the MSSQL copy database. Stored procedures are used to move data from
MSSQL copy database to “interim” database then finally to eProsecutor database. Pervasive Data
Integrator and stored procedures both use data mapping described in physical design document
Input and output record layouts
Record layout describes fields in data records. We will create input record layouts for data to read
from legacy system and output record layouts for data to load to the eProsecutor system. Legacy
system data can come from database tables or alternatively data can come from a file system. If
legacy data is stored in database tables, we will document field name, data type, data length and
meaning of each field. For data stored in a file system, fields are described by their name, relative
position, data length and meaning of field. As noted above, the legacy system data dictionary will
have input record layouts. Similarly, eProsecutor data dictionary will describe output record layouts.
These record layouts are used in physical design document for mapping input to output and
subsequently used in the conversion process.
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Location of source and target data
Using Pervasive Data Integrator, a copy of the legacy database(s) will be loaded into MSSQL and all
development and testing of the conversion process will be acting upon this copy. This MSSQL copy
of the legacy database, the "interim" database and the conversion copy of the eProsecutor database
will all be located on a dedicated MSSQL database server during the conversion process. Once the
conversion process has been completed and tested, several test runs fetching an updated copy of the
legacy data will be performed using Pervasive Data Integrator. Using MSSQL export facilities the
eProsecutor database will be periodically exported from the conversion database server into the
eProsecutor database server and used during acceptance testing of the eProsecutor product.
File/table sizing information
File/table size is calculated primarily for the purpose of determining size of data storage devices
(disk space) needed for database. As noted above the eProsecutor data dictionary has record layouts
of all tables in the database. Record layout has field name, data type and data length information. To
calculate size of a table, first we will add size of each field in record layout, which gives us record
size. Then multiply record size by number of expected records in that table to determine table size.
In these calculations, character string data adds another variable. Character strings are generally
stored in variable length fields. In this storage scheme, disk space taken up by fields depends on
actual length of that field in each record. To estimate size of variable length fields in a table, we use
maximum length of this field and a fill factor. Fill factor is an approximation, which tells us what
percentage on the average a particular field is filled when the table is fully populated.
Actual size of each file/table will be determined in the analysis phase of data conversion. At that
time we will know the number of cases to load into new system. We will calculate, on average, how
much data each case adds to each table. Total number of cases multiplied by average size of data
added to each table will give us table size.
In doing these calculations, one has to consider growth rate of the database and the number of years
to keep data in the active database before archiving to another database.
File/table volume information
Once the database size is known, the next step is to determine where the database will be stored. We
are using the MSSQL database. This database needs two files – data file and transaction log file. We
may store these files on the same or separate disks. As described before, the conversion process first
extracts legacy system data to a MSSQL database copy and then transforms and moves data into an
“interim” MSSQL database. From the “interim” database we will load data into the eProsecutor
system database. During data conversion, we will need disk space for MSSQL database copy,
“interim” database as well as for eProsecutor database.
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Interfaces
Overview
All the functionalities in the eProsecutor system need to be accessible for consumption by a 3rd
party system. The purpose of this document is to present an overview of the API component whose
job is to expose the eProsecutor functionality to the outside world.
API Overview
The above diagram illustrates the high level interaction between eProsecutor and any 3rd party. The
Journal Technologies API is a part of the eProsecutor system. The Journal Technologies API is divided
into three primary parts:
1. eProsecutor system - The eProsecutor system, of course has all the functionality that of the
CMS system. This part is self-explanatory.
2. Journal Technologies API - The Journal Technologies API is the component which
contains public and private functions which deal with eProsecutor Objects as well as XML
Data. This component contains the business logic of which methods in the eProsecutor
Managers to forward the appropriate request to, get the response, structure the response into a
schema defined response/java objects, and return the response back to the calling party. This
component provides multiple support to both external Web Service calls from 3rd parties, as
well as can be used internally by the eProsecutor components. The only difference being that
internally, the eProsecutor components can use exposed functions without creating addition
overload of SOAP request/response. This will ensure that any functionality exposed as an
API function will be exposed externally and internally.
3. Journal Technologies Gateway - This is the component through which the eProsecutor
system communicates with the outside world, and the outside world communicates with
eProsecutor. Here is where we actually define what gets exposed to the outside world. The
difference between the Journal Technologies API and the Gateway is that the Gateway
strictly deals with SOAP Requests and Response, whereas the API has knowledge of
manipulating both XML Objects as well as Java Objects (for internal consumption).
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4. 3rd Party – This can be another agency information system directly exchanging information
with eProsecutor or a message broker acting as an intermediary for multiple agency
information systems. The information exchange transactions can be based on NIEM
(National Information Exchange Model) IEPs (Information Exchange Packages), on other
standards, or be defined locally. eProsecutor’s configurability permits users to define and
maintain support for a variety of information exchanges.
Operational Narrative
This section will illustrate how the entire web service communication works. The section has been
broken down into three parts.
1. REQUEST - Any 3rd party that wants to consume the Journal Technologies’ API needs to
do so using SOAP through HTTP. eProsecutor will expose selected functions through the
API which will be available through web services. So far in eProsecutor any configurable
insert, update and search forms are available through the API. The web service request
contains an XML String. The structure of the XML String is defined in a Schema Definition
(XSD). These XSDs are defined by eProsecutor and will be available as a part of the system.
The request and response XSDs have been attached at the bottom of this page. For request
the main file is susapi_header.xsd and for response the main file is
susapiresponse_header.xsd. These XSDs will define the message structure for the web
service exposed
2. FORWARDING - When the Journal Technologies Gateway receives the request, it then
forwards the request to the Journal Technologies API.
3. PROCESSING - The Journal Technologies API receives the XML from the gateway.
The advantage the eProsecutor API offers is that, any configuration which is made in the eProsecutor
system, is available through the API. For e.g. in eProsecutor we allow users to create their own
insert, update and search screens with user-defined parameters. This exact configuration is available
through the API. The advantage this offers the users is that any configurable rules created on the
configurable screens, for e.g. while inserting a warrant, the issued date needs to be before today, this
rule is immediately available through the API. In this manner all the validations and conditional data
handling can be configured in one place, and immediately be used through the API without having to
rewrite/reconfigure in multiple places.
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The eProsecutor API Services is capable of handling push and pull mechanism. Instead of having a
3rd party initiate a call to the eProsecutor API, the eProsecutor system can on a timed basis push
information to a 3rd party system, or output defined data into a file system, either in XML or in a
format specified by the 3rd party system.
Fresno County |61 RFP - District Attorney Case Management System (208-5325) Project Schedule Preliminary Implementation Schedule for Maximum of 12 Months Months 1 2 3 4 5 6 7 8 9 10 11 12 Project plans and status reports Configuration Facilities and Organization Calendars and Scheduling Configuration and Navigation Business Process Review and Workflow for each unit or division Notices and Documents Checklists and Exhibits Minutes Dashboard Reports and Searches Accounting/timekeeping Conversion and Interfaces Testing Training Go-live
Fresno County |62 RFP - District Attorney Case Management System (208-5325) Project Implementation Agenda Personnel (Agency – Journal Technologies) Start Completion Track A– Facilities/Organization/Personnel/Case, Hearing, Event and Other Types The Agency should become familiar with these implementation processes and might be able to complete all tasks for both Tracks A & B. TO BE JOINTLY DETERMINED DURING PLANNING SESSIONS AFTER DETERMINING AVAILABILITY OF AGENCY STAFF FOR EACH AREA. Facilities Agency to provide its facilities data to the extent desired (locations, floors, interview rooms, etc.) In addition, facilities of the agency (Agency rooms/judges) to calendar the agency’s appearances. Agency to supply additional facility data, including resource characteristics – capacity, handicap access, equipment, etc. Journal Technologies to configure and load facility data. Organization Agency to provide its organizational structure (divisions, departments, etc.) for all Divisions since other Divisions will have view-only access.) Journal Technologies to configure and load organizational data. Case Types Agency to supply case types, sub case types. Journal Technologies to configure and load these types. Hearing, event and other types and case phases Agency to supply list of hearings, events and other types and case phases, including trial phases, by case type/sub case type. Journal Technologies to configure and load these types. Roles Agency to provide roles (not individual job titles) for both agency and non-agencypersonnel serving the agency and ancillary data requirements for each role, such as bar number, badge number, former law firms, classes attended, bond companies, etc. Journal Technologies to configure and load role data.
Fresno County |63 RFP - District Attorney Case Management System (208-5325) Project Implementation Agenda Personnel (Agency – Journal Technologies) Start Completion Personnel Agency to supply list of personnel for both agency and non-agency, including judges, recurring witnesses, etc. and their roles for the Directory – representative partial list will get the project started. (See Directory for configurable data elements and provide a list of any new elements required.) Journal Technologies to configure and load personnel data. Information Updates Agency to provide any changes to facilities, organization, case, hearing, event and other types and case phase information to Journal Technologies. Journal Technologies will maintain tables until agency “Administrative Users” have been trained. Agency will update personnel. Agency and Journal Technologies to determine that Track A has been completed. Track B – Calendars and Scheduling Holidays and other Calendar Information Agency to supply agency holidays, standard working hours and any special types of agency business and off time. Journal Technologies to enter holidays and standard working hours and configure agency business and off time types. Calendaring and Scheduling Agency to provide case assignment process, weighted case assignment rules, caseload balancing policies and conflict rules. Journal Technologies to build assignment business rules. Agency to determine which roles/individuals have calendars, and if the agency wants to create the agency’s calendar for each judge, if assigned, or agency room. (In addition, some agencies enable prosecutors and attorneys to schedule or at least request dates for agency events.) Agency to identify the number and characteristics, if any, of time slots for each individual. (Probably two – morning and afternoon to start, but you have total flexibility.) Agency to provide scheduling procedures when hearing assignments are made on a daily basis rather than on a case assignment basis, if applicable. Agency to determine configurable information on the individual Daily, Weekly and Monthly agency Calendar and the agency Calendar, if desired.
Fresno County |64 RFP - District Attorney Case Management System (208-5325) Project Implementation Agenda Personnel (Agency – Journal Technologies) Start Completion Journal Technologies to create time slots for each person and/or other assignment procedures and configure Daily Calendars and the agency Calendar. Agency to maintain/modify the Calendar if requirements change. Journal Technologies to demonstrate using Conference Room Pilot. Agency and Journal Technologies to determine that Track B has been completed Track C – Configuration and Navigation (Some cases/complaints will be received electronically.) Case Initiation and Updates Agency to provide rules for case and referral numbering and the processing procedures of Agency cases that have not yet been filed with the agency. Agency to provide case initiation and update screen shots and lookup lists of the current system as a reference for each Division/Unit or system-wide, when available. Agency to provide the information/format received from other agencies that also initiate cases/investigations. Agency to supply any additional data elements, including person data elements, required for case initiation screens, along with required fields and which fields are confidential. Agency and Journal Technologies to determine case initiation validation rules and error messages. Journal Technologies will configure case initiation and update screens and lookup lists. Journal Technologies and agency to review eProsecutor screens (folder views) for Register of Actions, including sub-groups, Discovery, Charges, Victims, Medical, etc. and Journal Technologies to configure as required. Navigation and Other Screens Agency to provide information to be included on the configurable Case Header, including the composition of the case name for internal purposes, and the Case Summary screens for each Division/Unit. In addition, agency to provide a list of Alerts (minor, requires interpreter, possible bond forfeiture, high risk, Brady list, drugs, etc.) for the case header and throughout the system. Journal Technologies to configure Navigation and other screens. Journal Technologies to demonstrate using Conference Room Pilot.
Fresno County |65 RFP - District Attorney Case Management System (208-5325) Project Implementation Agenda Personnel (Agency – Journal Technologies) Start Completion Agency and Journal Technologies to determine that Track C has been completed for each Unit and case type. Track D– Agency Business Process Review and Workflow for each case type Agency to have available any existing workflow diagrams, notices, reports, minutes, etc. for each case process. Journal Technologies to facilitate discussions with agency to review “as is” processes, identify potential process improvement opportunities and determine the processes to be automated using workflow. Journal Technologies and agency to review the procedures and processes to determine initial and eventual utilization of Time Standards. (For example, automatically schedule a hearing 14 days after a protection order.) For each Time Standard: Define the Time Standard Define the Time Standard trigger Define the results of expiring Define how the Time Standard is disabled For each Workflow: Define triggering actions/events Define actions Define results Define participants Define priorities, deadlines, escalation procedures, etc. Define business rules Journal Technologies to build business rules, automated workflows and time standards. Journal Technologies to demonstrate using Conference Room Pilot. Agency and Journal Technologies to determine that Track D has been completed for each case type. Track E - Notices and Documents (excludes Document Management System and scanning.) Agency to provide current notices/documents used for internal and external communications and any regularly filed type of documents. This includes the library of standard motions and the brief bank that will be included in My Notes Library or the Prosecutor’s Library for all to use. Agency to review notices/documents to consolidate as appropriate and indicate the filed documents that are related, if any, as they can be grouped in the Register of Actions.
Fresno County |66 RFP - District Attorney Case Management System (208-5325) Project Implementation Agenda Personnel (Agency – Journal Technologies) Start Completion Journal Technologies and agency to create Word documents for each notice/document and map variables to database and setup Document Templates. Journal Technologies and agency to determine business rules for when notices/documents are generated and relate to workflow, if desired. Journal Technologies and agency to determine business rules regarding filed documents, including who reviews, if fees charged, etc. Journal Technologies and agency to create the Discovery Package and its processing procedures. Agency and Journal Technologies to determine that Track E has been completed for each Unit and case type. Track F – Checklists and Exhibits Checklists Agency to provide lists of regular processing tasks, including investigation tasks, offender scoring sheets, and timeframes for each task, if desired, for certain types of cases. Agency to determine if the checklists are to be automatically or individually assigned to cases and who can be assigned to work on each checklist. Journal Technologies to build Checklist including tasks requiring filed documents that will be automatically completed when the documents are received. Exhibits Agency to determine process and data elements to set up physical storage of exhibits and exhibit destruction. Journal Technologies to configure exhibits screens. Agency and Journal Technologies to determine that Track F has been completed for each Unit and case type. Track G – Minutes Agency will determine if hearing-type Minutes will be used to record agency decisions and for other meetings, including for investigations. Agency will provide samples of minutes of meetings and suggest additions. Journal Technologies will create Minutes for each type of hearings/meetings and create MS Word documents to reflect the decisions. Journal Technologies to demonstrate using Conference Room Pilot
Fresno County |67 RFP - District Attorney Case Management System (208-5325) Project Implementation Agenda Personnel (Agency – Journal Technologies) Start Completion Agency and Journal Technologies to determine that Track G has been completed for each Unit and case type. Track H – Dashboard (Internal and Public Portal) Agency to determine the dashboard views, including internal views and Public Portal views most of which are created by searches as pre-defined “Gadgets”, which then can be selected by each individual to tailor their personal dashboard. The Public Portal views will be somewhat different and could include a view of the availability of discovery information to be made available to defense attorneys. By them downloading it, you will have a record that they have received it. Journal Technologies to configure Gadgets. (Many Gadgets have already been created, including recent cases, cases you are “watching”, assignments, etc.) Agency to determine if they will accept electronic documents directly from lawyers; you could then electronically view and search these documents. (If the agency CMS were interface/integrate with the agency CMS, the agency might not need this utility because it could then download documents filed with the agency.) Agency to decide to put any other case/calendar-type information on the Public Portal. Journal Technologies to configure these Gadgets for the Public Portal. Agency and Journal Technologies to determine that Track H has been completed for each Unit and case type. Track I – Reports and Searches - Searches can be used to eliminate the need for some existing reports. Reports Agency to provide copy and categorize reports by consumer (outside Agency, internal use), by case type and frequency. Agency to review and consolidate as appropriate. Journal Technologies to create the reports. Agency and Journal Technologies to determine that Searches and Reports have been completed for each Unit and case type. Searches. Agency to suggest the format for some searches, Journal Technologies to suggest others. Journal Technologies will configure searches.
Fresno County |68 RFP - District Attorney Case Management System (208-5325) Project Implementation Agenda Personnel (Agency – Journal Technologies) Start Completion Agency and Journal Technologies to determine that Track I has been completed. Track J – Accounting/Cashiering/Fines & Fees/Timekeeping Agency will provide current Chart of Accounts, including those for Timekeeping, and bank account information. Agency will supply all fines and fees, including fees to file documents, etc. and the accounting distributions. Journal Technologies will load the Chart of Accounts and fines/fees. Agency will approve the accounting for each fine and fee. Agency to provide a list of the cashiers and collection personnel, if appropriate, and Journal Technologies to create tills. Journal Technologies and agency to create the Timekeeping Reports. Journal Technologies to demonstrate using Conference Room Pilot. Agency and Journal Technologies to determine that Track J has been completed. Track K – Other Processes Seal cases and documents Agency to provide seal-type information. Journal Technologies to configure. Warrants and Subpoenas Agency to provide warrant and subpoena processes, including modifications, forms, etc. Journal Technologies to configure. Archive Agency and Journal Technologies to determine process to archive cases in eProsecutor and/or in the County’s records system. Journal Technologies to configure archive processes. (Also part of workflow.) Agency and Journal Technologies to determine that Track K has been completed.
Fresno County |69 RFP - District Attorney Case Management System (208-5325) Project Implementation Agenda Personnel (Agency – Journal Technologies) Start Completion Track L – Interfaces using API The agency will provide the requirements for the information exchange, i.e., the conditions that trigger it, what information will be transferred, the format of the information exchange, the manner of the exchange (real time or batch), required controls (such as header and trailer records), etc. Journal Technologies will configure and unit test the API and provide test entries. Agency and Journal Technologies to determine that Track M has been completed for each workflow. Track M – Data Conversion Conversion Agency confirms data to convert Journal Technologies and Agency prepare data mappings from legacy system to eProsecutor Agency establishes data query and provides export (repeatable) Journal Technologies imports data to tables; inserts default values as needed; produces error reports; repeats per agency reviews Agency reviews error reports and updates data in source system or determines with Journal Technologies any post-conversion strategies Agency and Journal Technologies determine go-live readiness Track N - Testing Acceptance Testing Journal Technologies and agency to develop acceptance plans centered around Conference Room Pilots and test cases. Agency to review acceptance plans and provide comments to Journal Technologies. Journal Technologies to certify that eProsecutor is ready for acceptance testing. Agency to test eProsecutor per the acceptance test plan and to note any defects. Track O - Training Agency to assign in-house help desk personnel early in the project. They should participate in all stages.
Fresno County |70 RFP - District Attorney Case Management System (208-5325) Project Implementation Agenda Personnel (Agency – Journal Technologies) Start Completion Journal Technologies to train agency Administrative Users from day one with a review periodically during the project. Journal Technologies to train super users, including help desk personnel, throughout the project with emphasis during the Conference Room Pilots. Journal Technologies and agency to tail training plans. Track P – Implementation (A detailed checklist will be developed as the Tracks are completed.) Journal Technologies to prepare eProsecutor for implementation. Agency Administrative Users and Super-Users to train end users. Journal Technologies and agency to migrate data from legacy information systems per the migration plan. Agency to conduct implementation testing over weekend prior to implementation. Agency and Journal Technologies to conduct “go / no go” review. eProsecutor to be implemented in production. (Although eCourtPublic will be implemented, the agency may not wish to immediately expose this site to the public pending any post-implementation data clean-up activities that may be required.)
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Sample Configurable Screens
eProsecutor uses the same configurable structure and administrative tools for all
modules/functionality. You will use the eProsecutor core system with additional
supporting screens for each case type. Most of these screens are configurable to your
requirements.
Index
Core Screens -
Case Header and Summary ......................................................72
Party View Across Cases .........................................................72
Case Initiation ..........................................................................74
Other Case Involvements .........................................................75
Conflict Checking ....................................................................75
Discovery & Portal ..................................................................76
Speedy Trial Due Date Calculation & Tracking ......................77
Plea Offer .................................................................................78
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Case Header and Summary
NAVIGATION
TREE
Home
Assignments
Recent Cases
Saved Searches
Saved Reports
Lexis/Nexis
Westlaw
Court Book
Notes Library
Add Case
(Individual case
types)
Searches
Reports
System Setup
System Admin
Party View across Cases
There are two alternatives for the party view across cases depending on your selection on
the Party screen: (1) “View Person” that lists all cases with identical party numbers in the
system and (2) “Search Person” view that includes the cases linked to the party in (1)
View Person and those resulting from the Search Person process. All screens are
configurable, including the search criteria, which can be saved, and the search results
format.
View Person Screens
The related cases are first displayed followed by selected panels that can be expanded to
include additional information. Click on the case to go to the case screens.
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Case Initiation
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Other Case Involvements
Information related to a party’s involvement in any case can be displayed and accessed
from any of the cases. The information can be highlighted if (configurable) conditions are
met. Additionally, workflow can be triggered when new cases, warrants, or dispositions
are added to notify people assigned to related cases:
Warrants across cases
New cases opened for parties with active cases
Prior convictions/prior cases
Alerts (both party- and case-based)
Conflict Checking
Workflow and business rules can be configured to perform conflict checking when cases
and parties are added. Example conflict checking can include:
Adverse witnesses
Defendant/victim role reversal
Potential conflicts with staff can also be configured. For example, former clients of staff
members, family members, etc., can be entered into eProsecutor and when parties are
added to cases potential conflicts can be routed to a work queue for review.
Screens can be configured to display conflict icons to indicate potential conflicts based
on a party’s role in other cases. For example, if a defendant is also a witness on another
active case a “possible conflict” icon can be displayed next to their role in that case.
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Discovery & Portal
Discovery and disclosure can be tracked. Discovery documents can automatically
include a list of disclosed evidence and, once generated, update the disclosure status of
the evidence. Workflow can be configured to remind staff to check for undisclosed
discovery prior to events or when new counsel is appointed.
The eCourt Portal can be used to electronically disclose discovery both as individual files
or zipped collections of files. Defense representatives can be “invited” via email to
receive discovery after they have agreed to the terms of electronic disclosure and have
created a profile on the portal. The system tracks all notifications to the defense and
whether and when they accessed the portal to receive the discovery. The status of
disclosures via the portal are clearly displayed on the case and are available as reports for
use in resolving any disclosure conflicts. External portal users only have access to the
information you decide to display on the portal. They do not have access to eCourt itself.
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The eProsecutor cash receipts module allows agencies to charge for discovery items. The
portal also allows for collecting fees for discovery items.
Speedy Trial Due Date Calculation & Tracking
eProsecutor can be configured to automatically calculate and track speedy trial deadlines.
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Plea Offer
The eProsecutor plea offer module can be configured to create both monetary and non-
monetary sentencing, dismissed charges, sentencing guidelines, and approval workflow.
Conditions, restitution claims, and no contact stipulations can also be included in the
offers.
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CASE MANAGEMENT SYSTEM REQUIREMENTS
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TECHNOLOGY REQUIREMENTS
Req # Requirement
A-1. The system must run on an operating system that is consistently and currently supported. Please
describe what operating system is used.
Response: By design, eProsecutor does not make use of any proprietary, vendor-specific features in the
application server or database tier. This provides maximum flexibility for clients wishing to leverage any existing
infrastructure investments or technical knowledge already in the organization. For
application servers, clients have a wealth of choices such as Tomcat, WebLogic, JBoss, IIS, WebSphere,
JRun, Oracle OC4J, etc. Journal Technologies has found that using Tomcat as the application server and SQL
Server as the database gives justice agencies the right balance of cost, ease of administration, documentation,
support, etc.
A-2. Please describe if your system will operate properly with all critical operating system updates and
security patches that are applied by Fresno County as releases become available.
Response: eProsecutor does not use any proprietary, vendor-specific features in the application server or
database tier so it will operate properly regardless of operating system updates.
A-3. Please describe if your system will perform adequately while Microsoft Endpoint Protection anti-virus
management software is active.
Response: eProsecutor is a browser/web-based solution and will perform adequately while Microsoft Endpoint
Protection anti-virus management software is active.
A-4. The County of Fresno utilizes an enterprise industry standard backup and recovery system that
requires a backup agent to run on the server. Please describe whether your software will run
harmoniously with the backup agent.
Response: eProsecutor will run harmoniously with a backup agent.
A-5. The County of Fresno utilizes a variety of industry standard monitoring tools like Microsoft Operation
Monitor (MOM) for software and Microsoft Endpoint Protection for virus scanning, as well as
hardware monitoring tools. Please describe if your software will run while these monitoring tools are
enabled.
Response: eProsecutor will run while monitoring tools are operating.
A-6. Please describe whether your system will run properly without the users having administrative rights
on Fresno County servers.
Response: eProsecutor users do not require users to have administrator rights on the servers.
A-7. Please describe if your system will run properly without the users having administrative rights on
their PCs.
Response: eProsecutor only requires that users have an Internet browser and an eProsecutor user
account.
A-8. Please describe what version of Microsoft SQL Server or Oracle database your system is
compatible with.
Response: We generally recommend Microsoft SQL Server 2005+ because many public-sector
organizations use it as their enterprise standard. The management console is simple to use and
SQL Server can be scaled to handle large enterprise applications. Clients are not restricted to
SQL Server and may use any other major JDBC-compliant database platform such as Oracle,
MySQL, etc.
A-9. Please describe whether your system is compatible with the GJXDM / NIEM (Global Justice XML
Data Model / National Information Exchange Model) standards for data sharing in the Justice
Domain. (See https://www.niem.gov/aboutniem/Pages/niem.aspx.)
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Response: Information exchange transactions can be based on NIEM (National Information Exchange Model)
IEPs (Information Exchange Packages), on other standards, or be defined locally. eProsecutor’s configurability
permits users to define and maintain support for a variety of information exchanges.
A-10. The system must be scalable to handle future growth. Please describe if the County can replace or
add on hosting components to increase capacity or speed as needed.
Response: eProsecutor can be installed on one or more application and database servers and scaled by
adding multiple application servers and database servers using standard load balancing and failover clustering.
A-11. Please describe if the system will integrate with Microsoft Active Directory.
Response: eProsecutor can use an existing Microsoft Active Directory or LDAP for authentication
purposes.
A-12. Please describe if your system will use Microsoft IIS as the web service platform.
Response: By design, eProsecutor does not make use of any proprietary, vendor-specific features in the
application server or database tier. This provides maximum flexibility for clients wishing to leverage any existing
infrastructure investments or technical knowledge already in the organization. For
application servers, clients have a wealth of choices such as Tomcat, WebLogic, JBoss, IIS, WebSphere,
JRun, Oracle OC4J, etc. Journal Technologies has found that using Tomcat as the application server and SQL
Server as the database gives justice agencies the right balance of cost, ease of administration, documentation,
support, etc.
A-13. Please describe if your system will run on the latest release of Microsoft Internet Explorer and
remain compatible with new releases.
Response: eProsecutor uses standard Javascript/AJAX throughout the application. As a
result, clients may use Internet Explorer, Firefox, or Opera on all workstations throughout
the organization (including branch offices, etc). We generally support two versions prior to the current version
released by the vendor.
A-14. Please describe if your system will run on the latest version of Java and remain compatible with new
releases.
Response: eProsecutor is an n-tier, web-based application developed on Java 2 Enterprise Edition (J2EE)
platform.
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GENERAL SYSTEM DESIGN REQUIREMENTS
Req # Requirement
B-1. Please describe in detail if the system is fully accessible and usable via the Fresno County intranet
by any authorized user with authorized access without the purchase or use of additional software.
Response: Users only need a web browser and network access to the eProsecutor application server.
B-2. How can the system be accessed via mobile device or tablet for authorized users? What mobile
devices are supported? Please also describe which areas of the system are available via mobile
access.
Response: All areas of the system are available via mobile access. The solution is browser based and
will run on any mobile device that can run a modern web browser (e.g. IE, Chrome, Firefox, Safari,
Opera, etc.)
B-3. Please describe in detail whether the system is capable of providing a separate Public Information
screen that can be accessed by the public from a link on the District Attorney’s website on the world-
wide-web. For security purposes, the Public Information screen must be populated from a separate
database on a separate IIS server.
Response: eProsecutor, with the eProsecutorPublic eFiling portal, provides a complete, end-to-end eFiling,
eSearching and ePayments solution. Government agencies and the public can electronically file cases and
documents, pay filing fees, and view their cases all online.
To serve the public with 24-hour access, we believe completely segregating the public application server from
the internal production system is the right approach. Users are able to conduct business (electronic filing,
calendar searches, etc) as needed while your personnel can “sleep at night” knowing the most sensitive data is
physically separated the public. For most purposes, selected data will be automatically pushed to the public
database at scheduled intervals determined by you.
B-4. How does the system provide the ability for Fresno County and the DA to customize and define
screen displays/dashboards, system views, case and name header fields, and coded values?
Response: eProsecutor’s Site Navigation Manager allows you to adjust general navigation of the system to
perfectly fit the needs of the specific user role. Our Screen Builder utility enables you to not only control the
data being displayed on case-management screens, but it also provides functionality to
display the data in different views and styles (columnar vs. tree, grouping, different colors and icons, etc.) for
different users.
B-5. Please describe in detail how the system provides the ability to add new, custom fields of
information to the database and to define characteristics of those fields (e.g. required or not, type of
field) and to allow validation.
Response: Our Metadata Tool enables administrators to precisely meet any new requirements by extending
our baseline database tables. This includes creating new entities and fields, creating relations between
different tables, and assign data types to the fields. With some additional configuration using the Screen
Builder, a new form can be quickly created and modified in a fraction of the time that older systems would
require for similar changes. Data validations are configurable at both the database and form level and can
require (for example) the user to enter a value in a field when specified conditions are met. (For example, if a
driver’s license is entered, the user is required to enter the issuing state…but not if a passport number is
entered.)
B-6. How does the system provide the ability for Fresno County and the DA to rename/re-label any or all
system fields to meet local requirements? In addition, please describe how the system provides the
ability for Fresno County and the DA to remove or hide system fields if not applicable to local
requirements.
Response: The field name labels displayed to users are configurable by your administrators.
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B-7. Please describe in detail how the system provides the ability for Fresno County and the DA to define
business rules for workflow creation. Please also describe in detail if and how the system provides
a method for automatically linking/triggering events, case status changes, documents, and
correspondence. (i.e. a certain event will automatically trigger a document).
Response: Configurable Business Rules are used to represent behaviors of the type IF condition THEN action.
For example, “IF pending charges still exist, THEN the case cannot be disposed”. Through a web
administrative interface, users with appropriate security can create and manage business rules in real-time
without changing the underlying code. eProsecutor’s workflow engine can accommodate automated workflows
by nearly any data-driven parameters including case type, agency, case status or any event-driven activity.
eProsecutor’s built-in workflow configuration utility enables your administrators to control all aspects of
workflow including (i) creating new workflows or modifying existing ones, (ii) identifying the specific event or
action that inserts work into the queue, (iii) determining how many items may be assigned, (iv) automating
actions to take if work is not completed within the specified timeframe, etc. Configurable Triggers initiate items
in workflow queues based on either data driven or event-driven actions such as the filing of a document, the
entry of a judgment or disposition, the creation of a document, etc. Triggers are often configured to move items
into “automated” queues, which can automatically update case records with virtually any kind of data.
B-8. Does the system allow Fresno County and the DA to make easy modifications or additions to drop
down menus? How is this done?
Response: Administrators have the ability to adjust general navigation of the system to perfectly fit the needs
of the specific user role. For instance, the menus of a clerk can be modified to only display hyperlinks relevant
to his/her job. eProsecutor also has developed a caching mechanism to enable quick display of menus
throughout the system.
B-9. Please describe in detail if the system supports auto-complete on all drop-down lookup lists. (e.g.,
typing 'M' in the Gender fields automatically takes you to 'Male' in the list).
Response: Lookup lists can be configured to use either 'begins with' or 'contains' auto-complete.
B-10. Please describe if the system applies data entry formatting in applicable free text entry fields, (e.g.
Phone Number (###) ###-#### x#####, ZIP Code [##### -####], CII [alpha########]).
Response: Masks can be applied to free text entry fields.
B-11. Please describe if the system allows a user to open any attached electronic file without having to exit
the system.
Response: Attached electronic files will open using the appropriate application on a user's workstation
without closing eProsecutor.
B-12. Please describe if and how the system has the ability to open any third party system, file or website
from within the system (e.g.. Westlaw, Lexis, county website).
Response: Hyperlinks to other applications can be configured with the path to other applications, files, or
websites.
B-13. Please describe in detail if and how the system provides field-level security (i.e. access to fields can
be controlled by user logon) in addition to screen-level security and case-level security.)
Response: Although the current version of eProsecutor does not provide support for the “Field Level Security”
feature, the full configurability of forms and screens usually provides the security necessary to secure the
system. (Nevertheless, future versions of eProsecutor will likely provide “Field Level Security” feature as part of
the security infrastructure.) Access to fields can be suppressed on forms based on user access rights. Form
security decisions are made prior to forms being rendered in the browser so fields that users are denied access
to are not just "hidden" on the page; they don't exist on the page when it is rendered in the browser.
B-14. Please describe if the system provides the ability to save and close a document for future editing, as
well as the ability to cancel an unfinished document without producing it.
Response: Document editing is not performed via eProsecutor. Editing is performed in a word processor.
B-15. Please describe how the system provides the ability to retain a name that was entered previously for
searching (to avoid having to re-enter it if it is not already in the system).
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Response: eProsecutor utilizes all browser functions if elected. This includes the ability to turn on auto
complete to save recently search data. In addition eProsecutor is name based. Once a person is
entered it can then be added any number of cases.
B-16. How does the system allow for multiple screens and multiple cases to be open simultaneously?
Response: Screens (and cases) can be opened in multiple browser tabs. There is no limit in eProsecutor
as to how many can be open at one time.
B-17. Please describe in detail how the system generates documents, searches, displays, adds, and
updates information simultaneously.
Response: The system includes forms tailored for easy, intuitive data entry that work in conjunction with
workflows and business rules that automate business processes that include document generation,
event scheduling, searches, notifications, etc.
B-18. How does the system provide the ability to quickly enter multiple counts of the same charge with a
minimum of data entry?
Response: The charge.counts field allows users to enter the number of counts for a charge. Workflow
and business rules can be configured to copy a charge with multiple counts into multiple charges.
B-19. Please describe how the system provides the ability to generate a printed copy of any screen
(including windows within windows, pop-ups, etc.)
Response: While the eProsecutor print button can print the screen a user is viewing, capturing all
windows, popups, etc., must be performed via the user's workstation (typically, ALT-Print Screen).
B-20. Please describe in detail how the system provides intuitive and efficient data entry.
Response: The benefit of having a single solution for all case types is a consistent user interface with rapid
data entry functionality. While some the data elements between case types might be different, all departments
will work with the same core user interface elements and behaviors such as work
queues, case headers, drop-down select boxes, lookup lists, radio buttons, type-ahead pre-filled data boxes,
etc. Data entry screens are configurable to match your process flows and can be navigated with the keyboard
and very little use of a mouse.
B-21. Please describe in detail how the system provides response times such that 85% of all transactions
will complete within 2 seconds or better.
Response: eProsecutor allows for a scalable hardware platform. Hardware resources and configurations
to the system may be adjusted to achieve desired response times.
B-22. What features make the system designed specifically for a Prosecuting Law Office?
Response: Features such as workflows and business rules that automate the management of the life
cycle of various prosecution case types are ideally suited for prosecuting law offices. Process tailored
data entry screens, a charging wizard, powerful and savable searches, document generation, as well as
overall general configurability are designed specifically prosecuting law offices.
B-23. How can the system integrate with Legal Search software (e.g. Westlaw or LexisNexis) to allow
access to Legal Search databases from within the system?
Response: eProsecutor has a full API that can send and receive data from other data warehouses that
allow for integration. Configurations can also be made for easier access to outside Legal Search
databases.
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FUNCTIONAL REQUIREMENTS – CASE TRACKING
Req # Requirement
C-1. Please describe in detail if the system provides tracking for the following types of cases:
• Adult Criminal Cases
• Juvenile Delinquent Cases
• Investigation Referrals (Pre-Prosecution)
• Welfare Fraud / IHSS Investigation Cases
• Child Abduction Investigation Cases
• Civil Cases (e.g. Consumer Fraud, Asset Forfeiture)
• Civil Investigation Referrals (Pre-Prosecution)
• Officer Involved Shooting Cases
• In Custody Death Cases
• Writs & Appeals
• Lifer Hearings
Response: There is no limit to the number of different case types that can be configured. In addition,
navigation screens and workflow can be configured specifically to support one or more case types.
C-2. Please describe in detail how the system provides tracking for all Investigation Requests received,
whether a prosecution case is filed or not (including the ability to recall an Investigation Request
when a case is settled).
Please also describe if and how the Information tracked can include request number, date received,
requestor, assigned investigator, case status (open or closed), date request completed, description
of requested action (print photos, copy disks, obtain jail calls, etc.), DA criminal case opened (yes or
no), DA criminal case number.
Response: Investigation Requests can be configured as a case type and include all functionality of other
case types including case status, assignments, documents and files, related case numbers, etc. If a
criminal case is opened the Investigation Request case can be linked to the criminal case.
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C-3. Please describe in detail if the system provides Criminal Case Tracking for Adult Offenders,
including the following:
• Case Initiation
• Turndowns (with Turndown memos & notices)
• Filing
• Electronic Charging Documents
• Court Appearances (schedule, post results, handle continuances)
• Pleas, Dispositions, & Sentence Tracking
• Defense Attorney Tracking
• Electronic Subpoenas
• Subpoena Service Tracking
• Witness Tracking
• Electronic Discovery
• Gang Affiliation Tracking
• Assigned Prosecuting Attorney History
• Prosecuting Attorney Calendaring
• Brief Bank
• Assigned Investigator History
• Law Enforcement Inquiry
• Public Information screen
• RAP Sheet
• Case Summary
• Paper File Location tracking & history
• Attorney Notes
• Investigator Notes
• Statement of Facts
• Jury Instructions
• Payment / Restitution Tracking & History
• Writs & Appeals Tracking
• Notifications: Victim, Witness, Marsy’s Law, Lifer
• Persons of Interest
Response: All cases can be configured to offer case initiation, case status and attributes, documents,
hearings and other events, charges, pleas, sentencing, probation, case assignments (including history
tracking), subpoena service (including electronic service), witness and victim tracking, electronic
discovery, gang affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file
tracking, notes, cash receipts tracking, appeals and motion, notifications, and persons of interest.
C-4. Please describe in detail if the system provides Criminal Case Tracking for Juvenile Offenders,
including the same functions as for Adult Offenders (see above), with the following caveats:
• Initiate Juvenile cases from electronic referrals from Probation
• Limit one juvenile defendant per case
• Restricted access according to confidentiality rules
• Electronic charging documents designed specifically for Juveniles (Petitions, etc.)
• DEJ (Deferred Entry of Judgment) forms
• Track Parent/Guardian information for Juveniles
• Track transfer in data (date transferred in, transfer accepted or not accepted by Court)
• Track Writs & Appeals
• Notifications: Victim, Witness, Marsy’s Law, Lifer
Response: Cases can be initiated from electronic referrals. Limits on the number of defendants can be
configured. Tailored charging documents and forms can be created. Family information can be tracked.
Dates, documents, motions, and witnesses and victims can be tracked and notifications can be
configured.
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C-5. Please describe in detail if the system provides tracking of Welfare Fraud (WF) / In Home
Supportive Services (IHSS) Investigations Cases that include the following:
• Case Initiation and Maintenance:
o Suspect name, address, contact numbers, welfare number, fraud number
o Referrals (track Date received, Fraud discovery date, statute date, status, Programs, Fraud
amounts, program dispositions, and fines)
o Assigned Investigator tracking & history
o Paper File location tracking & history
o Unlimited Investigator Notes
o Events / Legal Actions / Reminders
o Payment / Restitution History & Tracking (Legacy FACTS data)
o Monetary loss
o Case Summary
• Electronic Document generation
• State Reporting
• Ability to create a DA criminal case from an investigation case when referred for prosecution
(track DA criminal case number).
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, unlimited notes,
cash receipts tracking, appeals and motion, notifications, state reporting, and persons of interest.
C-6. Please describe in detail if the system provides tracking of Child Abduction Investigations Cases that
include the following:
• Case Initiation
• Case Summary
• Referrals (track children, investigators, & referral dispositions)
• Paper File Location tracking & history
• Unlimited Investigator Notes per case
• Events / Legal Actions / Reminders
• Payment History (legacy data)
• Electronic Document generation
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, unlimited notes,
cash receipts tracking, appeals and motion, notifications, state reporting, and persons of interest.
C-7. How is time tracking (amount of time spent on a case by DA staff) handled in the system?
Response: The eProsecutor time and expense module allows users to track time and expenses for
cases.
C-8. Please describe in detail if the system records an unlimited number of involved persons (suspects,
defendants, victims, and witnesses) for a case, and an unlimited number of cases associated with
an involved person.
Response: There can be an unlimited number of involved persons on a case. Each person can be
involved in an unlimited number of cases.
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C-9. How does the system track Prosecution Requests from Law Enforcement Agencies and initiate
Criminal Adult cases from those Prosecution Requests?
Response: Prosecution requests can be received and cases initiated (1) via paper and cases created via
data entry screens, (2) via electronic file exchange (interfaces), or (3) via the eProsecutor portal.
C-10. Please describe in detail if and how the system automatically generates color coded case labels
with bar coding as part of the case initiation process for all case types.
Response: Bar code case labels are configured as document templates and can be configured and
generated in different sizes and colors limited only by the capabilities of your printers.
C-11. Please describe in detail if the system provides charge validation using the Uniform Crime Charging
Manual.
Response: eProsecutor provides a Statute table with the ability to add any validation and business logic
to it.
C-12. Please describe in detail the system’s ability to record an unlimited number of Charges, Special
Allegations/Enhancements, Strikes, and Priors, per defendant and per case.
Response: A defendant and case can have an unlimited number of Charges, Special
Allegations/Enhancements, Strikes, and Priors.
C-13. Please describe in detail how the system allows users to automatically enter similar charge
information without re-typing for cases with multiple charges and/or multiple defendants.
Response: All charges can be entered once, followed by the defendants. Users are then given the
opportunity to assign the charges to one or more defendants. The charges are copied to each defendant
as assigned.
C-14. Please describe in detail if and how the system generates electronic charging documents.
Please also describe in detail if and how the system is capable of generating the following charging
documents as part of the Filing process:
• Complaints, Informations, Juvenile Petitions
• Amended Complaints, Informations & Petitions
• Calculated Bail Schedule
• HTA form, Arrest Warrant, 1275 Motion
• Bail Recommendation
• Arraignment Letter, Disposition Sheet
• Indictments
• Probable Cause Statements
• Victim Notifications
Response: eProsecutor provides a robust document generation tool that is directly tied to the product.
Any type of form/document can be generated.
C-15. How does the system provide the ability for Fresno County DA to easily modify or add new electronic
charging documents?
Response: Document templates can be configured as RTF documents using Microsoft Word (required
for configuration only). The document templates can merge case and user data into a final document (in
a variety of formats).
C-16. Please describe in detail how the system generates electronic charging documents with minimal
data entry. (i.e. Variable fields such as bail amount should only be entered once. Data that is
already in the system must not have to be re-entered; it must automatically populate the
documents.)
Response: Document templates are configured to pull data from the case and the statute/bail tables.
They can also be configured to allow for user data entry at the time the document is generated.
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C-17. How does the system provide automatic calendaring of court appearances for attorneys? Please
also describe in detail if and how the automatic calendaring feature can be turned on/off by user ID.
Response: The automatic scheduling of court appearances and other events are tied to the
workflow/business rule engine. These workflows have triggers and results and can be tied to users and
group membership.
C-18. Please describe in detail if and how the system provides the ability to enter an unlimited number of
attorney notes for a case, and the ability to restrict the access of those notes.
Response: An unlimited number of case notes may be added to a case. Users can set the access of the
notes to private or to the DA organization.
C-19. Please describe in detail if the system records the history of assigned investigators and their roles
(lead investigator, assisting investigator, investigative assistant) for a case (adult and juvenile).
Response: The history of all case assignments, including role, assignment date, removal date, and
status, are tracked.
C-20. Please describe in detail if and how the system allows for the creation of an unlimited number of
investigator notes for a case, with the ability to set alerts to notify others to see the notes.
Response: An unlimited number of case notes may be added to a case. Users can set the access of the notes
to private or to the DA organization.
C-21. Does the system allow for linking cases? How is this done?
Response: Cases can be linked or “joined” to an unlimited number of other cases. The nature/reason of
each join can be different.
C-22. Please describe in detail how the system provides the ability to generate Action / Follow-up
reminders for a case, and to set triggers on the Action/Follow-ups that will initiate events.
Response: Workflow can be configured to assign tasks to users based on case activities (documents
filed, events scheduled, etc.), dates (before or after a case or event, for example), or the expiration or
update of a time standard (deadline).
C-23. Please describe in detail how the system provides the ability to record and track pleas, charge and
event dispositions, as well as sentencing (e.g. jail, PC1170(h) time and prison time, terms &
conditions, probation violation/resentencing, fines, etc.) including their history.
Response: An unlimited number of pleas, charge and event dispositions, sentencing, custody,
conditions, probation violation, fines and fees, etc., can be tracked, along with their history.
C-24. How can the system provide the ability to block information from being displayed on the Public
Information screen?
Response: Screens dedicated for use by the eProsecutor portal are configured to display only the
information you choose to display.
C-25. Please describe in detail how the system merges multiple cases without having to re-enter case
events and information.
Response: eProsecutor's 'consolidate' function allows multiple cases to be combined into one without
having to reenter case data.
C-26. Please describe in detail how the system splits a case into multiple cases without having to re-enter
case events and information.
Response: eProsecutor's 'bifurcate' function allows a case to be split into multiple cases without having to
reenter case data.
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C-27. Please describe in detail if the system tracks an unlimited number of associated numbers for a case,
such as:
• Court Case Numbers
• Agency Report Numbers
• Booking Number
• JID Number (Jail ID Number)
• Citation Number
• Appellate Case Number
Response: A case can track an unlimited number of different types (configurable) of associated
numbers.
C-28. Please describe in detail if and how the system stores the briefs and motions for each case in a
centralized Brief Bank. What search options are available for the Brief Bank? (i.e. ability to search on
words or phrases, ability to provide a search results list of documents or briefs/motions that can be
viewed, etc.)
Response: Full text search functionality is included in the system. Documents, including brief’s can be
stored in the case.
C-29. What options are provided in the system for flagging cases with different kinds of user-defined
warnings and alerts, and to customize them to trigger events (i.e. notifications, visual alerts,
reminders to enter time spent on a case, grant consideration, etc.)?
Flagged case examples include high profile or major cases, Prison cases, Sexually Violent Predators
(SVPs), Mentally Disturbed Offenders (MDOs), Serious DUIs, Serious Manslaughter Offenders,
Marsy’s Law Victims, etc.)
Response: An unlimited number of flags can be added to a case. Notifications, alerts, and workflow can
be triggered when the flags are added or at specified time after the flags are added or when some other
activity happens on a case (such as a particular event being scheduled or disposed).
C-30. Please describe in detail how the system provides the ability to designate types of cases that should
have restricted access, (such as Homicide cases), and to define the access groups and levels of
access.
Response: Access rights are granted user access groups. Access rights to specific case types can be
configured and given only to certain user access groups.
C-31. Please describe in detail if the system tracks Officer Involved Shootings (OIS) including the following:
• Case Initiation
• Assigned investigator tracking/investigator role (i.e. lead, assisting)
• Involved Law Enforcement Officers Tracking
• Narrative
• Electronic documents
• Ability to restrict access to OIS information
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, notes, cash
receipts tracking, appeals and motion, notifications, and persons of interest. Access to OIS information can be
set up in the security module.
C-32. How does the system track filing deadlines and trial time-out dates?
Response: Deadlines (time standards) can be added to cases (triggered) based on any number of
configurable conditions. The deadlines can be displayed and workflow triggered when (or before) the
deadline date arrives.
C-33. How does the system track warrants issued?
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Response: Any number of warrants may be added to an involved party record. Alerts and workflows can
be added to warrant tracking.
C-34. Please describe in detail how disposition entry is done quickly and easily in the system.
Response: Charges can be disposed individually or all at once via "mass update" screens.
C-35. Please describe in detail how the system allows for the tracking of cases by Court Ordered Probation
and other post-conviction programs.
Response: Probation orders, conditions, contacts, and violations (alleged and confirmed) can be tracked
for a defendant along with related documents.
C-36. Please describe in detail if the system provides standard team tracking to record, track and report on
case activities.
Response: The system records case activities in the ‘register of action’ section. Reports containing
additional detail can be configured if needed.
C-37. Please describe in detail if the system provides Trial Team tracking (i.e. track Held to Answers,
Continuances, Preliminary Hearing assignments, Jury Trial assignments, enhancements, priors
[prison, serious, strike], facts synopsis, etc.)
Response: The system tracks documents, event assignments, and charges, etc. and would likely meet
the requirements of a trial team.
C-38. Please describe in detail if the system performs narcotics grant tracking (including referrals, filings,
turndowns, convictions, dispositions, probation revocations, sentences, jail, PC1170(h) time and
prison time, etc.).
Response: The system can be configured to track detail on charge disposition and sentencing to meet
the requirements of narcotics grant tracking/reporting.
C-39. What options are available for syncing system court events with Microsoft Outlook calendar and
smart phone calendars?
Response: eProsecutor offers an Exchange Calendar interface and a Gmail Calendar interface to push
eProsecutor events to those applications.
C-40. Please describe in detail if the system provides the ability to track different kinds of court ordered
registrants and injunctions.
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, notes, cash
receipts tracking, appeals and motion, notifications, and persons of interest.
C-41. Please describe in detail if and how the system tracks confidential Consumer Complaint investigation
cases (pre-prosecution) and how access to these case can be restricted. This case type must
include the following:
• Consumer complainant name, address, and contact numbers
• Business name, address, and contact numbers
• Comments about the nature of the complaint
• Action taken on complaint
• Complaint type (phone, mail or walk-in)
• Closed date
• Assigned investigator
• DA criminal case opened (yes or no)
• DA criminal case number
• Ability to create a DA criminal case from a Consumer Complaint investigation case when
referred for criminal prosecution and the ability to link the investigation case to the criminal
case.
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Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, notes, cash
receipts tracking, appeals and motion, notifications, and persons of interest.
C-42. How does the system handle the entire electronic discovery process? What steps are involved?
Response: Electronic discovery (both to and from the defense) is accomplished via the eProsecutor
portal. First, a defense attorney is invited (via email) to participate in electronic discovery for the case.
The defense is then registered in the portal as related to the case. When discovery is updated by users
and marked for disclosure an email is sent to the defense informing them the discovery is available for
download. The defense then logs into the portal and downloads the discovery. All notifications, portal
screens viewed, and files downloaded are recorded on the case.
C-43. Please describe in detail how the system allows for Defense Attorney Tracking.
Response: Defense representatives are added to the case and related to the defendants they represent.
The history of defense representation is tracked.
C-44. Please describe in detail how the system allows for the tracking of Victim Complaints (pre-
prosecution).
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, notes, cash
receipts tracking, appeals and motion, notifications, and persons of interest.
C-45. Please describe in detail the system’s notes feature. Please also describe in detail how the system
allows for shared case notes with text editing, document version tracking, and the ability to control
access to these notes.
Response: Notes allow attorneys and others to attach "virtual post-it notes" to nearly any case. Notes are often
used to organize simple reminders and memos about case information that don't require
formal database fields. Users can quickly create notes of virtually any length with high levels of custom
formatting (font, color size, indentation, bullet items, etc.). Most important, every note is "security enabled"
allowing the note author to precise control who can read/edit the note.
A popular feature of Notes is called "My Library" which acts like a repository of commonly used notes.
Individual users can build their own library of these text snippets and can "reuse" them anywhere in the system
that accepts text input. Users can create their own personal index of notes or add notes to a common "Court
Library" which can be used by court staff. All notes can be categorized and tagged so the user can rapidly find
the exact note they are looking for. My Library allows attorneys to save their commonly used snippets of text
and re-use them in any written document.
C-46. How does the system handle electronic subpoena generation for multiple law enforcement
agencies? Please also describe in detail the electronic subpoena delivery options available (e.g.
email, data dump to law enforcement agency database, etc.).
Response: Electronic subpoena generation can be accomplished via email, the eProsecutor portal, or via an
interface (data file). Subpoena method and delivery address can be associated with law enforcement officer
directory records.
C-47. Please describe in detail how the system provides the ability to track submitted (arresting) charges,
prosecuting charges, and final charges.
Response: Charges are added with a "stage added" attribute that allows tracking and displaying charges
added to (or moved forward to) each stage of the case.
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C-48. Please describe in detail how the system provides the ability to record when a case has settled, when
hearings are continued, rescheduled or removed, and to trigger notifications to the victims, witnesses,
Witness Information Unit and assigned investigators.
Response: Case status and event results can be tracked and the updates of the statuses and results can be
used to trigger notification workflow.
C-49. Please describe in detail if the system tracks pre-prosecution Auto Insurance Fraud investigation
cases, including:
• Defendant information
• Fraud type
• Claim information
• Submitting agency
• Case synopsis
• Closed date
• Assigned investigator
• DA criminal case opened (yes or no)
• DA criminal case number
• Ability to restrict access to these cases
• Ability to create a DA criminal case from an Auto Insurance Fraud investigation case when
referred for criminal prosecution and the ability to link the investigation case to the criminal
case.
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, notes, cash
receipts tracking, appeals and motion, notifications, and persons of interest.
C-50. Please describe in detail if the system provides tracking for In-Custody Death cases, including the
following:
• Case Initiation
• Assigned investigator tracking/investigator role (i.e. lead, assisting)
• Involved law enforcement officers tracking
• Narrative
• Electronic documents
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, notes, cash
receipts tracking, appeals and motion, notifications, and persons of interest.
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C-51. Please describe in detail if the system provides Civil Case Tracking, including the following:
• Case Initiation
• Turndowns (with Turndown memos & notices)
• Filing
• Electronic Charging Documents
• Court Appearances (schedule, post results, handle continuances)
• Pleas, Dispositions, & Sentence Tracking
• Defense Attorney Tracking
• Electronic Subpoenas
• Victim/Witness Tracking
• Electronic Discovery
• Assigned Prosecuting Attorney History
• Assigned Probation Officer History
• Prosecuting Attorney Calendaring
• Brief Bank
• Assigned Investigator History
• Law Enforcement Inquiry
• Public Information screen
• RAP Sheet
• Case Summary
• Paper File Location tracking & history
• Statement of Facts/Summary of Events
• Jury Instructions
• Payments/Restitution & Other Financials Tracking & History
• Ability to link civil cases to criminal cases
• Ability to create specialized case titles (e.g. People vs. $15,000 US Currency and 12 Gold
Chains)
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, notes, cash
receipts tracking, appeals and motion, notifications, and persons of interest.
C-52. What options are available in the system to seal a case? Does the system also have the ability to,
record the seal order date, date sealed, and file destroy dates? Please also describe in detail what
happens to the information in the sealed case.
Response: Cases or documents can be sealed by inserting a seal record into the case or document. In
addition to permanent seals, eProsecutor supports sealing for a limited period of time by setting their
start and finish dates. The administrator can add permission to access sealed cases and documents to an
existing authority or to an authority specifically created for this purpose. Then that authority can be
granted to a user (through the user's group). Users with such authority can access sealed cases and
documents.
C-53. Please describe in detail if and how the system allows for the unsealing of a case.
Response: An end date can be added to a seal to allow regular access to a case.
C-54. Please describe in detail if and how the system provides the ability to automatically close a case
based on business rules in accordance with Fresno County DA defined rules, or procedures.
In addition, please describe in detail if and how the system allows for the reopening of previously
closed or sealed cases while retaining previous case closure and current reopening information.
Response: Case status and event results can be tracked and the updates of the statuses and results can be
used to trigger case closure workflow according to local rules. The history of the updates is recorded in the
case log (register of actions). When a case is reopened or unsealed the closure history is not lost and the
reopen history is also retained.
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C-55. Does the system provide the ability to auto-create DA defined documents, events, and notifications
on closed cases? How is this done?
Response: The "closed" status is just an attribute of the case. Workflow and business rules can be
configured to automate the creation of documents, events, and notifications for closed cases.
C-56. Please describe in detail how the system provides the ability to create notification of activities or
changes in case (e.g., notify prosecutor, investigator, DA Administration, etc.) based on Fresno
County DA defined business rules.
Response: Workflow can be configured to notify users of case activities or updates based on local rules.
C-57. Please describe in detail how the system allows for adding an unlimited number of user-defined
fields for person, case, and charge information.
Response: The forms used for entering data related to persons, cases, and charges can be configured to
include an unlimited number of custom fields in addition to the standard ones available in the default
configuration.
C-58. How is the reassigning of groups of cases to selected system Users, District Attorney Units, or Teams
handled in the system?
Response: Users and/teams can be assigned to a case. Cases can be reassigned as groups or
individually.
C-59. Please describe in detail how the system allows users to define structure, content, and frequency
with which the system displays different types of ticklers, alerts, and prompts.
Response: Users can configure notifications based on case updates, events, deadlines, and workflow tasks.
Event, deadline, and task notifications can be configured to alert users prior to the event.
C-60. Please describe in detail how the system allows for staff to have a viewable calendar for upcoming
associated events.
Response: Calendars for month, day and week views can be configured for events associated with users.
C-61. What options are available for quick in-court dispositions during the Sentencing of Juvenile and Adult
Felony cases?
Response: The eProsecutor minutes function can be configured to enable quick in-court dispositions during
appearances.
C-62. Please describe in detail how the system can provide a notification that a Juvenile case should be
sealed. Please also describe if and how the system provides the ability to mark juvenile cases to be
sealed on the minor’s 18th birthday if desired.
Response: Workflow can be triggered to alert staff to seal a case on the calculated 18th birthday of a juvenile
defendant. A case attribute indicating the case is awaiting seal can automatically be added.
C-63. Please describe in detail how the system provides a method to identify that a juvenile case has been
sealed, and references the case number and the date it was sealed.
Response: Cases can be sealed with start and end dates and searches case be configured to list sealed
cases. Case seal can be updated by authorized users.
C-64. Please describe in detail how the system automatically calculates the Case Destroy Date (five years
after date sealed) and provides notification prior to that date.
Response: Case Destroy Date (a time standard deadline) for a case can be calculated and triggered based on
case attributes (case status). Alerts can be triggered via workflow prior to the deadline.
C-65. Please describe in detail if and how the system provides an automated Report of Investigation (ROI)
for all case types, with automatic notification for review, online review and approval process, and the
ability to control access to the ROIs.
Response: This process can be accommodated in the context of a document. The automated ROI
document can created as part of a workflow and can include other automated tasks such as document
reviews, approvals, etc.
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C-66. Please describe in detail how the system tracks which cases are reassigned defense counsel due to
conflict and which are reassigned due to unavailability.
Response: The reason for reassignment is tracked along with the assignment record.
C-67. What options are available to allow the user to mark electronic charging documents as final?
Response: Status attributes (such as “final”) can be added to all documents.
C-68. Please describe in detail if the system tracks Lifer hearings, including the following:
• DA Case #
• CDC#
• Defendant Name
• Defendant DOB
• Assigned DDA
• Hearing Date
• Hearing Type (initial, subsequent)
• Institution (prison name)
• Hearing Outcome (10 yr denial, 5 yr denial, cancelled, postponed, granted, 1 yr waiver, etc.)
• Victim Notifications
• Fraud Discovery Date
• Statute Date
• Ability to scan the Lifer packet and attach it to the lifer case
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, notes, cash
receipts tracking, appeals and motion, notifications, and persons of interest.
C-69. Please describe in detail if the system tracks Writs & Appeals including:
• Date Received
• Document Received
• Appellate Court
• Appellate Case #
• Superior Court #
• Action Taken
• Clerk/OA name
• Date/Time entered
• Track days until Court Date
• Automatic alerts for deadline to respond to appellate documents
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, notes, cash
receipts tracking, appeals and motion, notifications, and persons of interest.
C-70. Please describe in detail how the system provides law enforcement agencies notices about filing
decisions via email.
Response: Law enforcement can be automatically notified by email generated when filing decisions are made.
C-71. Please describe in detail how the system tracks the statute of limitations on a case based on case
offense level and/or charge, and send alerts of the upcoming expiration at specified intervals.
Response: Statute of limitations (a time standard deadline) for a case can be triggered based on case
attributes (case offense level) or charges. Alerts can be triggered via workflow prior to the deadline.
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C-72. Please describe in detail if the system tracks Victim Services information including the following:
• DA Case Number
• Victim Person Information:
o Name (First, Middle, Last)
o DOB and age
o Address (Street, City, State, Zip)
o Phone numbers (cell, residence, business, contact, message, pager)
o Email address
o Employer
o Gender
o Ethnicity
o Language
o Other (whether victim: (1) Lives in Rural area, (2) is an immigrant/refugee, (3) uses limited
English, (4) is disabled)
• Victim Level (primary, secondary)
• Victim Type (domestic violence, sexual assault, burglary, simple assault, etc.)
• Victim Contacts/Services (unlimited #):
o Date of Contact/Service
o Type of Contact/Service (Crisis intervention, Hospital/Clinic accompaniment, Language
services, Transportation, Victim advocacy, Unsolicited call/letter/visit, Victim/Witness
notification, Referral to services)
• Relationship to Defendant (Spouse, Dating, Cohabitants, Siblings, Parent/Child, Former
Spouse, Former dating, Former cohabitants, Acquaintance, Other Family, Stranger, Unknown)
• Victim Case Notes
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, notes, cash
receipts tracking, appeals and motion, notifications, and persons of interest.
C-73. Please describe in detail if the system tracks pre-prosecution Real Estate Fraud Referrals (REF)
including the following:
• Date complaint received
• Referral number
• Complaint type
• Complainant name, address, and contact numbers
• Business name or representatives, business address and contact numbers
• Complaint summary
• Notes
• Closed date
• Reason for closing
• Assigned Investigator
• DA criminal case opened (yes or no)
• DA criminal case number
• Ability to restrict access to these referrals must be provided.
• Ability to create a DA criminal case from a Real Estate Fraud Referral when referred for
criminal prosecution.
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, notes, cash
receipts tracking, appeals and motion, notifications, and persons of interest.
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C-74. Please describe in detail if the system tracks pre-prosecution Workers Compensation investigation
referrals, including the following information:
• Subject name
• Fraud discovery date
• Rreferred to DA date
• Department of Insurance referral date
• Referral source
• Fraud type
• Synopsis of alleged fraud
• Assigned DDA
• Date DDA assigned
• Case complexity
• File location
• Video (yes/no)
• Contact agency
• Contact person
• Case status
• Claim info
• Employers
Response: All cases can be configured to offer case initiation, case status and attributes, documents, hearings
and other events, charges, pleas, sentencing, probation, case assignments (including history tracking),
subpoena service (including electronic service), witness and victim tracking, electronic discovery, gang
affiliation tracking, agency and public inquiries (via the eProsecutor portal), paper file tracking, notes, cash
receipts tracking, appeals and motion, notifications, and persons of interest.
C-75. Please describe in detail if the system tracks subpoena service tracking, including the following
information:
• DA criminal case number
• Date received
• Defendant name
• Subpoenaed victims and witnesses
• Address
• Court date
• Agency
• Served / not served
• Date and Time served
• Comments
• Assigned Deputy District Attorney
• Assigned Investigator
Response: Subpoena service can be tracked with detailed information. Proof of service documents can
be related to the subpoena documents.
C-76. Please describe in detail if the system tracks Restitution Payments for all case types. Restitution
tracking should include the following:
• Payment amount
• Payment date
• Money judgments
• Current balance
• Victim contact information
• Defendant contact information
• Receiving agency
• Case number
Response: Restitution payments and balances are tracked in detail in the eProsecutor cash receipts module.
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FUNCTIONAL REQUIREMENTS – PERSON INFORMATION
Req # Requirement
D-1. Please describe in detail how the system provides the ability to restrict access to Person Information
for specific Person Types, Name types, Person Flags, etc.
Response: Security, forms, and searches can be configured to restrict access to persons with specific
attributes.
D-2. Fresno County and the DA need the ability to flag persons with different kinds of user-defined
warnings and alerts, and to customize them to trigger events (e.g. notifications, warnings, e-mail,
visual alerts, etc.).
Examples of specific person flags include Brady flags (officers), Confidential Informants, Sexually
Violent Predators, Mentally Disturbed Offenders, Marsy’s Law Victim, Do Not Subpoena, Do Not
File, Hostile Witness, Contact Admin, etc.
How does the system handle person flagging?
Response: Any number of person flags can be added to persons by users. The flags are defined and
maintained by administrators.
D-3. Please describe in detail if the system tracks an unlimited number of each of the following for a
person:
• Names
o True Name, Aliases, Monikers;
o includes Persons and Businesses
• Addresses
o current and past history
• Phone numbers (allow multiples of each type)
o Cell #s, residences, businesses, contact #s, message #s, pagers
• Email Addresses
• DOBs (Date of Birth) – true DOB & a History
• Gang Affiliations
• Comments
• Notes
• Warning Flags & Warning Descriptions
• Relationship to Defendant (i.e. Spouse, Father, Mother, etc.)
Response: Multiples of each type of current and previous names, aliases, addresses, phone numbers, email
addresses, dates of birth, gang affiliations, comments, notes, flags, and relationships can be tracked with each
person.
D-4. Please describe in detail if the system provides the ability to track an unlimited number of reference
numbers for a person including the following:
• Social Security Number
• Drivers License Number
• CII Number
• FBI Number
• Registered Narcotics Offender Reference No.
• Registered Sex Offender Reference Number
• CDC, CRC, CYA, Federal, & Other Prison Numbers
• INS Number
Response: Multiples of each type of current and previous identifications can be tracked with each person.
D-5. Please describe in detail if and how the system provides duplicate name detection tools to prevent
duplicate name records.
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Response: When a new name is added to the system, eProsecutor will return a message if any
duplicates exists. eProsecutor also has a Duplicate Name Detection Tool that returns a list of parties
that have matching information. The user can then decide to merge party records.
D-6. Please describe in detail how the system provides the ability to merge two persons who were entered
into the system as two different people but who have been identified as the same person.
Response: eProsecutor also has a Duplicate Name Detection Tool that returns a list of parties that have
matching information. The user can then decide to merge party records. eProsecutor parties have a
merge function that allows the user to search and find duplicate names and then merge the together.
D-7. Please describe in detail if and how the system provides the ability to split one person (victims,
witnesses, defendants) into two different persons in the system and to re-assign cases to the correct
person with minimal data entry.
Response: The system does not currently meet this requirement. This is planned future functionality.
D-8. How does the system provide the ability to add or copy an existing address to a different person
without re-typing the information? (e.g. siblings and parents have the same address and one is a
defendant and the other a witness on the same case.)
Response: Records within a case can be copied (added) to other persons or cases.
D-9. How is Witness Call information tracked in the system? (e.g. subpoenaed appearances, call status
and history, notes, and witness list).
Response: A witness call information page can be configured to meet your specific needs for displaying
document, event, and witness information.
D-10. Please describe in detail if and how the system retains person address histories as well as the active
dates for each address.
Response: Previous addresses (and active dates) are maintained. The address records themselves can be
kept or a case log. (All data changes are automatically tracked in the case audit log.)
D-11. In California, we often have multiple defendants assigned to the same case.
Does the system support multi-defendant case tracking? (i.e. each co-defendant could have a
unique judgment, events, restitution, attorneys, etc., but all co-defendants are part of the same case).
If so, how is this handled?
Please also include in your description the system’s method of managing multiple defendants from
one screen on the same case.
Response: Multiple defendants are maintained in “subcases” under a case, allowing them to have their own
events, disposition, etc. The display of all defendants is still on one page.
D-12. Please describe in detail if the system allows numeric entries for case numbers/file numbers for the
District Attorney, law enforcement agencies, and Courts, to be formatted based on Fresno County
and DA defined standards.
Response: Case number formatting is based on your local rules.
D-13. The system must be able to link law enforcement and court numbers to persons and cases. Please
describe in detail how this is handled in the system.
Response: Any number of different numbers can be associated with persons or cases.
D-14. Please describe in detail if the system allows the viewing of all cases linked to a name, and from this
view allow users to navigate directly to a selected case.
Response: The “person view” affords a “top down” view of a person and all related information. Users can
click the related information and be taken to the related case or person record.
D-15. Please describe in detail how the system allows for categorizing a case with multiple case attributes,
such as, but not limited to domestic violence, drugs involved, etc.
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Response: An unlimited number of attributes can be added to a case.
D-16. Please describe in detail if, for each charge and each defendant, the system tracks the sentence,
sentence credit, suspended time, time not served, and the sentence location.
Response: Sentencing information for each charge can be tracked.
D-17. Please describe in detail if the system tracks conditions of probation placed on the case, including
but not limited to, treatment programs, placement (juvenile), work details, classes, volunteer work,
and narcotic or sex registrant requirement.
Response: Probation orders (including term and conditions) can be tracked along with contacts and violations.
D-18. Please describe in detail if the system provides the ability to link an involved person's events to a
case, and to link events to an involved person.
Response: The system links involved person’s events within the context of a case only.
D-19. Please describe in detail if the system provides the ability to initiate a schedule of future tasks on an
individual or group based on occurrence of prior tasks/events based on Fresno County DA defined
business rules.
Response: Workflow can be configured to automatically schedule future tasks based prior tasks or events.
D-20. Please describe in detail if and how the system allows for each event associated party (i.e.
investigator, prosecutor, etc.) to have a viewable calendar for any upcoming associated events.
Response: Each person associated with an event can display the event on a personal calendar.
D-21. Please describe in detail how the system provides the ability to flag a person as an expert witness on
a case.
Response: Persons involved in with a case can have an unlimited number of attributes associated with their
role in the case.
D-22. Fresno County DA requires that DNA profile information be listed on charging documents. How does
the system allow for the entry of DNA profile information as a unique person identifier when a name
is not associated with the DNA profile?
Response: DNA profile information can be tracked at the case level and associated with a name if
appropriate or separate from a name if needed.
D-23. How does the system track the number of strikes a defendant has?
Response: Persons involved in with a case can have an unlimited number of attributes associated with their
role in the case.
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D-24. Please describe in detail if the system tracks victim information including the following:
• Name (First, Middle, Last)
• DOB and age
• Address (Street, City, State, Zip)
• Phone numbers (cell, residence, business, contact, message, pager)
• Email address
• Employer
• Gender
• Ethnicity
• Language
• DA Case Number
• Victim Level (primary, secondary)
• Victim Type (domestic violence, sexual assault, burglary, simple assault, etc.)
• Victim Contacts/Services (unlimited #):
o Date
o Type of Contact/Service (Crisis intervention, Hospital/Clinic accompaniment, Language
services, Transportation, Victim advocacy, Unsolicited call/letter/visit, Victim/Witness
notification, Referral to services)
• Relationship to Defendant (Spouse, Dating, Cohabitants, Siblings, Parent/Child, Former
Spouse, Former dating, Former cohabitants, Acquaintance, Other Family, Stranger, Unknown)
• Victim Case Notes
• Other (Also need to track whether victim: (1) Lives in Rural area, (2) is an immigrant/refugee,
(3) uses limited English, (4) is disabled)
Response: Multiples of each type of current and previous names, aliases, addresses, phone numbers, email
addresses, dates of birth, gang affiliations, comments, notes, flags, attributes, and relationships can be tracked
with each person. history of the updates is recorded in the case log (register of actions). When a case is
reopened or unsealed the closure history is not lost and the reopen history is also retained.
D-25. Please describe in detail how the system provides the ability to enter and track “persons of interest,”
even if they are not associated with a case when first entered in the database. The DA requires that
this tracking include the ability to list all persons of interest, list all cases associated with a person of
interest, track all person information for a person of interest, and limit access to this information.
Response: Persons can be added to the system without being associated with a case. They can have any
attribute that a person involved with a case can. Access to persons of interest can be limited by security
configurations.
D-26. Please describe in detail how the system provides the ability for any file type to be attached/stored
and later opened/viewed from the “electronic” name record (including word documents, photos, pdf
files, audio evidence files, video evidence files, excel spreadsheets, etc.).
Response: The system contains electronic ‘filing cabinet’ functionality that allows for attaching any file
type to the case. These files can be previewed, parties to the case and collaborate on these documents,
the contents can be searched, etc.
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FUNCTIONAL REQUIREMENTS – INQUIRY
Req # Requirement
E-1. Please describe in detail if the system provides the following types of searches as a minimum:
Person Searches:
• Name
o Sounds Like
o Begins With
o Wildcards
• Person Identifiers:
o Phone No, Address, CII, Driver’s License, FBI, SSN
Begins With
Partial Match
Wildcards
o Address
Criminal Case Searches:
• Agency Report#, Citation#, Court Case#, Booking#
o Begins With
o Partial Match
o Wildcards
• Charges
o Begins With
o Partial Match
o Wildcards
Juvenile Searches - see above, plus the following:
• Parents/Guardians Criminal History
Investigation Request Searches:
• Investigation Request #, Agency Report#, etc.
• Assigned Investigator
Attorney Searches:
• Prosecuting Attorney
• Defense Attorney
Investigator Searches:
• Assigned DDA, Reviewing DDA, & Appearing DDA
Investigations Case Searches:
• Agency Report#, Court Case#, DA Case#, FACTS#
o Begins With & Partial Match
• Paper File Location
• Referral date + Referral amount
Response: Searches can be configured with contains (wildcard), begins with, and sounds like methods. All
case and person information is available to search.
E-2. Please describe in detail if and how the system provides a separate Public Information inquiry only
screen that is to be viewed by the public via a link from the District Attorney’s website.
The public will be able to enter a valid case number to display public information for that case,
including case status, offense level, contact number, assigned attorney, defendant name, filing date,
defendant status, court number, and next court appearance (date, time, court, department, and
hearing type).
Response: Information exposed on the eProsecutor portal is configured using dedicated screens, allowing you
do display only the information you choose.
E-3. Please describe in detail if and how the system can provide separate views for outside agencies (i.e.
Sheriff, Police, Probation, etc.) that are customizable by Fresno County and the DA.
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Response: The views and access for different agencies is configurable on the public portal.
E-4. Please describe in detail if the system provides the ability to search for records using almost any
data or combination of data contained within the record(s).
Response: Searches can be configured with contains (wildcard), begins with, and sounds like methods. All
case and person information is available to search.
E-5. Please describe in detail how the system provides the ability to search on parts, and ranges of
cases, and other case data elements, navigate directly to case record, print results, and export all
search results.
Response: Searches can be configured with contains (wildcard), begins with, and sounds like methods. All
case and person information is available to search. Links in the search results allow users to navigate directly
to case record. Search results can be printed or exported.
E-6. Please describe in detail how the system provides the ability to search on parts, and ranges of
statutes, and other charge data elements, navigate directly to case record, print results, and export
all search results.
Response: Searches can be configured with contains (wildcard), begins with, and sounds like methods. All
charge information is available to search. Links in the search results allow users to navigate directly to case
record. Search results can be printed or exported.
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FUNCTIONAL REQUIREMENTS – REPORTING
Req # Requirement
F-1. Please describe the system’s ad-hoc reporting tool(s) and the limitations and functionality of the
reporting tool(s).
Please also describe to what degree the following features are supported with the reporting tool(s):
• Drill down / hyperlink functionality (i.e. clicking on a hyperlinked case will open up the case
record in the case management system)
• Integrated with case management system (for ex., automatically generated reports).
• Ability to export and print all report contents. Export to Excel, PDF, XML, etc., without the
purchase of additional third party software
• Provide the ability for non-programming resources to create ad-hoc reports (based on security
roles)
• Provide graphing functionality
• Provide ability to create custom views for statistical and management reports
Response: Along with a library of pre-defined searches, you can compose custom searches across all case
elements in the database. The criteria for these inquiries can be based upon range of parameters you require
such as case type, case number, unique person identifier, statute number or charge, docket code, calendar
date, event type, or date, etc. Search results can be sorted by column and “drill down” into case information via
hyperlinks. They can also be downloaded as Microsoft Excel documents or displayed as graphs. eProsecutor
provides full reporting capabilities, with possibilities to output the reports into pdf, xls, html, xml and many other
formats. eProsecutor supports ad-hoc as well as batch processing of pre-designed reports.
F-2. What features of the reporting tool(s) make it user-friendly to allow a general user to easily run
reports without having any report writing knowledge?
Response: The ability to perform configurable searching and reporting in eProsecutor is due to our Expression
Builder utility which is the backbone of nearly all customized inquires to the database including Searches,
Reporting (including statistics), Work Queues, Form Builder, etc. To shield users from the complexity of
generating these queries, the Expression Builder allows users to “point-and-click” their way into creating
whatever queries are necessary.
F-3. Please describe if the system allows users to define security that determines if reports can be
opened and viewed, moved, deleted, or copied.
Response: Rights to run, edit, or delete reports are security rights that can be assigned to user groups.
F-4. What report formatting options are available? (e.g. multiple paper sizes/viewing layouts, etc.)
Response: There are no restrictions for report formats
F-5. What standard case and person reports are available? (e.g. Complaints, Information, Petitions,
Turndown Memos, Witness List, RAP Sheet, Pros. Determination Form, Disposition Sheet,
Preliminary Hearing Evaluations, Trial Case Evaluations, Court Calendars, etc.).
If the person and case reports described above are not standard reports, please describe how they
can be created in the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
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F-6. District Attorney Management needs reports that will allow them to identify case trends and
progress/problems overall, at the team level, case level and individual attorney level.
Please describe in detail the standard management reports and graphs included in the system.
(e.g. Caseloads, Trials, Felony Dispositions, DUI Turndowns, Felony Calendar, High Profile / Major
Case List, Intake Statistics, Preliminary Hearings, Sexual Assault Statistics, Trial Statistics, Juvenile
Charge Statistics, Charge Statistics (Filing and Dispositions).
If the reports described above are not standard reports, please describe how they can be created in
the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-7. What standard Management reports are available to assist with assigning cases, evaluating
performance, and managing the department? (These reports should include statistics on case
activities at both the team and prosecutor levels (e.g. open case list, # cases & categories set for
PPH, PH, JT; witnesses; continuances; completed cases & dispositions; Jury trials; Ride-alongs)).
If the reports described above are not standard reports, please describe how they can be created in
the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-8. What standard Attorney reports are available? (e.g. Gang Convictions, Attorney Assignments,
Filings, Intake & Turndowns Statistics, Scheduled Court Appearances, Trial Team & Specialty Team
Statistics, DUI Statistics, Convictions, NCIs, resubmits, and Statistics on specific Charges, offense
level, etc.).
If the reports described above are not standard reports, please describe how they can be created in
the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-9. What standard Trial Team reports are available? (e.g. HTA’s, PH Attorney, JT Attorney,
enhancements, priors, time out date, JT date, TC date, current offer, codefendants, arraign. Date,
TC dept., synopsis).
If the reports described above are not standard reports, please describe how they can be created in
the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-10. Please describe in detail the standard reports in the system that provide details on cases requiring
experts, statistics on cases with alcohol / controlled substances / prescription drugs / marijuana.
If the reports described above are not standard reports, please describe how they can be created in
the system.
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Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-11. Please describe in detail the standard reports in the system that provide a list of criminal cases by
Assigned Investigator.
If the report described above is not a standard report, please describe how it can be created in the
system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-12. Please describe in detail the standard reports in the system that provide Welfare Fraud (WF) & In
Home Supportive Services (IHSS) Investigations Cases details (such as Cases By Dollar Amount /
Statute Date, Active Cases, Active Assigned Cases, Cases To Be Assigned, WF Cases without
Statute, Investigations Warrants, Cases By Assigned Investigator, Incoming Referrals, Completed
Cases, Complaint Filings, Convictions, Reminders List, and Fraud Investigation Activity Report).
If the reports described above are not standard reports, please describe how they can be created in
the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-13. Please describe in detail the standard reports in the system that provide Child Abduction
Investigations case report details (e.g. Investigations Warrants, Cases By Assigned Investigator,
Reminders List, etc.).
If the reports described above are not standard reports, please describe how they can be created in
the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-14. Please describe in detail if and how Investigations Request reports can be generated in the system
(e.g. Open Investigation Requests, Investigator Assignments, Investigation Case list, List
Investigation Requests by Date Range/ Unit/ Assigned Investigator, etc.).
Please also describe how and the ability to restrict access to these reports is accomplished in the
system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
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F-15. Please describe in detail if and how Reports of Investigation (ROIs) for all case types (including
investigation only cases) can be generated in the system.
ROIs should include the following:
• Ability to select suspect(s)/defendant(s) and victim(s)
• Ability to edit ROI, input notes, insert pictures and tables, etc., during ROI generation
• Automatic notification to Supervising Commander that ROI is ready to be reviewed
• Online approval of ROI by supervisor (approval will change ROI from DRAFT status, and will
add supervisor name/date/time stamp)
• Ability to edit ROI after generation
• Unit-specific titles are required
• Ability to restrict access to the ROI as needed.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-16. Please describe in detail the standard reports in the system that provide Juvenile statistics
information.
If the report described above is not a standard report, please describe how it can be created in the
system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-17. Please describe in detail the standard reports in the system that provide Rural Crime Unit statistics
(e.g. amounts lost, recovered, vertical prosecution, major stage pros., turndowns, sentences,
restitution, convictions, etc.).
If the reports described above are not standard reports, please describe how they can be created in
the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-18. Please describe in detail the standard reports in the system that provide High dollar and Expiring
Statute of Limitations information for Welfare Fraud Investigations cases.
If the reports described above are not standard reports, please describe how they can be created in
the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-19. How does the system track information on judges and defense attorneys? What information is
tracked?
Response: Judge and defense attorney records can be stored in the eProsecutor Directory. Organization,
specialties, and potential conflict information can be stored with the records.
F-20. Please describe in detail the system’s ability to generate graphical DUI reports (i.e. statistics, trends,
etc.) for assistance with grants.
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Response: Reports can be configured to graphically display any type of information about DUI’s that are
tracked in cases.
F-21. Please describe in detail how the system can produce a list of flagged individuals.
Response: You can compose custom searches across all case elements in the database.
F-22. Please describe in detail how the system can generate a Case Audit report that shows user activities
(e.g. user logon id, access date, level of access, PC used, action taken, etc.).
Response: eProsecutor tracks and provides an audit trail of important application data updates such as date,
time, transaction id, user id and agency id. This audit trail is accessible to authorized users and allows
grouping/sorting and analysis by the above factors. This information allows selection of records by date ranges.
With each change the system will automatically log the user, transaction ID, time of modification, and a
complete history including revision numbers of any record being modified. Using this data the system can
actually reconstruct the case at any point in time over the life of the case. eProsecutor also tracks IP, location,
and user access to cases and people. System logs various security events by user and time, such as: URL
access violations, task access exceptions, form access exceptions, case status denials, case type and entity
denials, ACL exceptions, logins successes, login failures, seal case and document exceptions, application
startups, and report access exceptions.
F-23. Please describe in detail how the system can generate an Employee Audit report that shows all
activity for a user in the system (user logon ID, date, action taken, case number and/or involved
person name).
Response: All case accesses and modifications are tracked in the Access Log. An access log search by user
can be used to produce an employee audit for a date range.
F-24. Please describe in detail the standard reports in the system that provide case aging information
(organized by attorney, team, case type) listing the length of time a case has been pending or listing
cases that have been closed for a designated length of time.
If the reports described above are not standard reports, please describe how they can be created in
the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-25. How does the system provide the ability to print a person’s Information (including Names,
Addresses, Contacts, etc.)?
Response: This information can be configured in a document. Alternatively, you could open the person
view and print the screen with one button click.
F-26. Please describe in detail how to generate a Time Tracking report detailing the amount of time spent
on various types of cases for a specified time period.
Response: In the system there is a reports section that can be configured to include important reports. A
time tracking report could be included there.
F-27. Please describe in detail the system’s accounting reports including Receipts, Ledgers, Account
Summaries, and Payment Notices as part of the Payment/Restitution Tracking for Criminal cases,
Welfare Fraud / In Home Supportive Services Investigations cases, other Investigations cases, and
Civil cases.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
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F-28. Please describe in detail how to generate requests (e.g. CII, 969(b), Certifications, Priors, and DMV
Requests) in the system.
Response: eProsecutor allows for the tracking of certifications, priors, etc. Integration using
eProsecutor’s API can connect to other data warehouses and return that data to eProsecutor. It is a
requirement that these “other” data warehouses have the ability for an API to lookup and get data/files.
Journal Technologies has integrated with California DMV and DOJ on many other projects.
F-29. Please describe in detail the standard reports in the system that provide Victim information, including
contacts/services performed or offered for a specific time period.
If the reports described above are not standard reports, please describe how they can be created in
the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-30. Please describe in detail how the system can generate Officer Involved Shooting reports and letters.
Response: eProsecutor’s document administration tools allow you to create documents, such as courtesy
notices and orders, which pull case data into the documents. eProsecutor's search functions will allow you to
create OIS reports.
F-31. Please describe in detail how the system can generate Subpoena Service reports (Subpoena Service
information by Case number and by Date range).
Response: eProsecutor's search functions will allow you to create Subpoena Service reports.
F-32. Please describe in detail the standard reports in the system that provide information on pre-
prosecution investigation cases, including Auto Insurance Fraud investigation cases, Consumer
Complaints investigation cases, and Real Estate Fraud referrals.
If the reports described above are not standard reports, please describe how they can be created in
the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-33. Please describe in detail the standard Warrant Tracking reports in the system. Warrant reports must
include a list of cases or defendants with a status of Failure To Appear/Bench Warrant Issued
(including Warrant number, DA criminal case number, Court case number, Defendant name,
Defendant address, Defendant contact numbers, and Date of warrant status) .
If the reports described above are not standard reports, please describe how they can be created in
the system.
Response: eProsecutor includes a very powerful ‘saved searches’ functionality that allows for ‘ad-hoc’
style reporting on any data point tracked on a case. Any type of desired report can be configured using
these searches and the system will be configured to include a number of ‘standard’ reports/saved
searched out of the box.
F-34. Please describe in detail how the system can generate In-Home Support Services Account Setup
forms. The following information must be included on the form: Date, DA Investigator, Recipient
Number, Recipient information (Name, Social Security Number, Date of Birth, Address, Phone
numbers), Provider number, Provider information (Name, Social Security Number, Date of Birth,
Address, Phone numbers), Date of Discovery, Reason for Overpayment, Guilty Pleas, Conviction
Date, Sentence Date, and Comments.
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Response: Our Screen Builder utility enables you to not only control the data being displayed on case-
management screens, but it also provides functionality to display the data in different views and styles
(columnar vs. tree, grouping, different colors and icons, etc.) for different users.
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FUNCTIONAL REQUIREMENTS – SECURITY, AUDITING, AND DESIGN
Req # Requirement
G-1. Please describe in detail if and how the system allows each user unique credentials that are linked to
the defined application capabilities for eachuser.
Response: eProsecutor has constructed a sophisticated security paradigm based on the Acegi Security
Framework (http://www.acegisecurity.org). This approach allows administrators to design their own flexible
operational hierarchies of security levels using criteria such as agency, case type, role, etc. All application objects
(system functions, cases, business rules, forms, reports, etc.) are passed through a security audit to check user
privileges before proceeding with a transaction. Additionally, eProsecutor allows for a number of sensitivity settings
for case data including private, sealed confidential, and medically sensitive.
G-2. The system must support the use of user profiles or roles to restrict access to specific functions and
data areas. How is this accomplished in the system?
Response: Rights and restrictions are configured in “authorities”. The authorities are then assigned to “user
groups”. Members can belong to a single user group and inherit the authorities of the group, although a group’s
authorities can be overridden by case access or security rules.
G-3. Please describe in detail if and how the system administrator can define security by group, user type,
and by individual in the system.
Response: Rights and restrictions are configured in “authorities”. The authorities are then assigned to “user
groups”. Members can belong to a single user group and inherit the authorities of the group, although a group’s
authorities can be overridden by case access or security rules.
G-4. How granular is the security? (e.g. table, function (add, modify, delete, etc.), fields, coded values, and
screen levels)
Response: eProsecutor has constructed a sophisticated security paradigm based on the Acegi Security
Framework (http://www.acegisecurity.org). This approach allows administrators to design their own flexible
operational hierarchies of security levels using criteria such as agency, case type, role, etc. All application objects
(system functions, cases, business rules, forms, reports, etc) are passed through a security audit to check user
privileges before proceeding with a transaction. Additionally, eProsecutor allows for a number of sensitivity settings
for case data including private, sealed confidential, and medically sensitive. The system comes pre-configured with
just one user (“admin”) and just one group (“administrators”). System administrators perform all the standard
security management tasks such as creating groups, adding users, granting authorities, etc. Security may be set:
- By URL
G-5. Please describe in detail if the system can track a history of the date, time, and login of each user who
added, modified, or deleted the following types of person and case information: name, address, phone,
contact, person, and case information.
Response: eProsecutor tracks and provides an audit trail of important application data updates such as date, time,
transaction id, user id and agency id. This audit trail is accessible to authorized users and allows grouping/sorting
and analysis by the above factors. This information allows selection of records by date ranges. With each change
the system will automatically log the user, transaction ID, time of modification, and a complete history including
revision numbers of any record being modified. Using this data the system can actually reconstruct the case at any
point in time over the life of the case. eProsecutor also tracks IP, location, and user access to cases and people.
System logs various security events by user and time, such as: URL access violations, task access exceptions,
form access exceptions, case status denials, case type and entity denials, ACL exceptions, logins successes, login
failures, seal case and document exceptions, application startups, and report access exceptions.
G-6. What auditing/logging reports are available in the system? What information is available on each of the
audit reports? (These reports should be designed in a way that gives Management a granular view of
what data and at what time is being edited, viewed, deleted, and added by system users.)
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Response: eProsecutor tracks and provides an audit trail of important application data updates such as date, time,
transaction id, user id and agency id. This audit trail is accessible to authorized users and allows grouping/sorting
and analysis by the above factors. This information allows selection of records by date ranges. With each change
the system will automatically log the user, transaction ID, time of modification, and a complete history including
revision numbers of any record being modified. Using this data the system can actually reconstruct the case at any
point in time over the life of the case. eProsecutor also tracks IP, location, and user access to cases and people.
System logs various security events by user and time, such as: URL access violations, task access exceptions,
form access exceptions, case status denials, case type and entity denials, ACL exceptions, logins successes, login
failures, seal case and document exceptions, application startups, and report access exceptions.
G-7. What logon account information is tracked in the system? (e.g. logon Id, user name, date logon
created, who created by, and level of access assigned).
Response: The security log logs various security events by user and time, such as: URL access violations, task
access exceptions, form access exceptions, case status denials, case type and entity denials, ACL exceptions,
logins successes, login failures, seal case and document exceptions, application startups, and report access
exceptions.
G-8. How does the system handle individual case access logging? (i.e. where all instances of viewing that
case are logged with the date, time, and logon Id of the person who viewed the case.)
Response: All case accesses and modifications are tracked in the Access Log. An access log search by user can
be used to produce an employee audit for a date range.
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FUNCTIONAL REQUIREMENTS – DOCUMENT and FILE MANAGEMENT
Req # Requirement
H-1. How does the system accommodate automatic document generation (using data contained in the
system), from within the application without having to manually open a word processor program?
Please also describe how these documents are automatically saved and linked to the “electronic” case
file for future reference.
Response: Our Notice engine manages all forms and notices throughout the system. The engine contains a
number of utilities that (i) utilize pre-existing MS Word or PDF documents or (ii) create new forms and notices not
bound to a proprietary word processing system. In either case, you would map data from the database to a
particular form/notice. In the background, eProsecutor uses open source software called Velocity to assist in
mapping data. Velocity is a Java-based template engine. It permits anyone to use a simple yet powerful template
language to reference objects defined in Java code.
H-2. Please describe in detail how the system provides the ability for any file type to be attached/stored and
later opened/viewed from the “electronic” case file (including word documents, photos, pdf files, audio
evidence files, video evidence files, excel spreadsheets, etc.).
Please also describe if the ability to Bates stamp these files within the system is supported.
Response: eProsecutor has a Filing Cabinet on each Case record. This allows the user to attach any file to
the case. Any file format can be accepted.
eProsecutor includes a Bates Stamping feature. This feature allows the user to combine multiple documents
with unique number cataloging and provides an index page of the packet contents.
H-3. Please describe in detail if and how all files, documents, and other files that are stored in the “electronic”
case file folders can be searched via file searching method.
Response: Electronic filing cabinet items can be search by both file name and OCR contents.
H-4. What features are available in the system to assist in organizing files and media attached to persons or
cases? (e.g. ability to drag-and-drop, creation of folder hierarchies, etc.)
Response: Each case in eProsecutor has an electronic filing cabinet for storing electronic documents. A user
can selected a file though file lookup or use drag and drop to add files to the Case. eProsecutor also allows
for users to create their folder structures for organizing files, much like a Windows file directory.
H-5. Please describe in detail if and how the system provides an integrated scanning process that allows
users to scan documents directly into the system with optical character recognition (OCR), redact
sensitive information, clean or alter the document’s appearance, highlight information and add notations.
Response: eProsecutor allows for direct scanning, including the ability to add OCR. Redact, annotate and
document commenting are also built in features.
H-6. What document routing functions are available to allow users to move or copy files from the electronic
case file of one name record or case record to the electronic case file of another name or case record?
Response: All objects contained within a case record can be copied to other cases.
H-7. How can the user preview document templates without generating the document?
Response: The document generator allows for documents to be previewed before adding them to a case.
H-8. Please describe if the system provides the option to use spell checking when editing documents.
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Response: Document editing is performed in a word processor, not eProsecutor, so spell checking would be
done in that application.
H-9. Please describe in detail if and how the system provides the ability to keep multiple documents open at
the same time. (e.g., ability to keep the Blue sheet open while working on a CII request.)
Response: Document editing is performed in a word processor, not eProsecutor, so multi-document editing would
be done in that application.
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VENDOR PROJECT MANAGEMENT, DELIVERY, SUPPORT, AND MAINTENANCE REQUIREMENTS
Req # Requirement
I-1. Please describe in detail your plan for Project Management. The following will be required:
• A vendor provided Project Manager
• A Statement of Work (to be approved by Fresno County and the DA).
• A vendor maintained project plan (must include tasks, estimated duration, dependencies,
and estimated completion dates)
• Contract management
• Clearly defined Milestone deliverables
• Milestone deliverables will be presented to Fresno County DA for review and acceptance
• Status reports to Fresno County DA (biweekly as a minimum).
• Regular implementation status meetings
• Implementation plan
Response: See Project Management and Implementation Section in Tab 6.
I-2. What County IT staffing, skill set and time commitment is needed for product implementation? Please
describe each in detail.
Response: See Hardware and Hosted and System Software Configuration and eProsecutor Architecture
Section in Tab 4.
I-3. Please describe in detail your plan for providing validations of the installation and configuration of the
application software including appropriate testing of the application, training of Fresno County and DA
personnel and documentation of all system components.
Response: See Project Management and Implementation Section in Tab 6.
I-4. As the vendor, it will be your responsibility to convert the data that is stored in the District Attorney
STAR system and the Access databases and Excel spreadsheets described in Attachment B.
Conversion will consist of data fields and tables currently populated with data and residing in the
STAR SQL database and the Access databases and Excel spreadsheets listed in Attachment B.
Please describe in detail your data conversion process. Please also provide a timeframe and number
of county resources and qualifications necessary for this data conversion.
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Response:
Each data conversion will be divided into the phases listed below.
o Data Discovery:
Journal Technologies will map the list of fields to be converted to the appropriate location in
JustWare.
o Iteration 1 Development:
First iteration of the development of the code needed to perform the data conversion.
o Iteration 1 Review:
Journal Technologies provides the customer with a fully functional JustWare database to use for
data verification against the source system(s). Journal Technologies Solutions will schedule a
period of time to review the data conversion with the customer. Any issues found during the
review will be documented in the Data Conversion Spreadsheet to be addressed in the next
development iteration.
o Iteration 2 Development:
Second iteration of the development of the code needed to correct any issues discovered in the
iteration 1 review.
o Iteration 2 Review:
Journal Technologies provides the customer with a fully functional JustWare database to use for
data verification against the source system(s). Journal Technologies Solutions will schedule a
period of time to review the data conversion with the customer. Any issues found during the
review will be documented in the Data Conversion Spreadsheet to be addressed in the next
development iteration.
o Iteration 3 Development:
Third iteration of the development of the code needed to correct any issues discovered in the
iteration 2 review.
o Iteration 3 Review:
Journal Technologies provides the customer with a fully functional JustWare database to use for
data verification against the source system(s). Journal Technologies Solutions will schedule a
period of time to review the data conversion with the customer. Any issues found during the
review will be documented in the Data Conversion Spreadsheet to be addressed in the next
development iteration. This will be the final opportunity for the customer to report necessary
changes to the conversion before the go-live phase.
o Final Development:
Final iteration of the development of the code needed to correct any issues discovered in the
iteration 3 review. No conversion changes will be made after this phase.
o Go – Live Conversion Run:
On the scheduled date the data conversion will be run into the final JustWare database.
Proposal No. 208-5325 Page
CASE MANAGEMENT SYSTEM REQUIREMENTS
Fresno County |117
RFP - District Attorney Case Management System (208-5325)
I-5.
As the vendor, it will be your responsibility to move/convert all existing STAR-attached documents and
multimedia (approximately 5,000,000 files) and map them to the new database structure without any loss
of content or formatting.
Please describe in detail your data conversion process and provide a timeframe and number of county
resources and their qualifications necessary for this data conversion.
Response: See response on I4
I-6. Please describe in detail your live technical support availability. Please include both the time periods and
the type of support.
NOTE: Fresno County and the DA requires that the vendor provide technical support at least Monday
through Friday between 8:00 a.m. and 5:00 p.m. at no additional cost.
Response: Live support is available from 6:00 a.m. to 6:00 p.m. PST
I-7. Please describe if the vendor will allow the District Attorney to try out the system, in a sandbox
environment, at no risk for at least 30 days prior to contract signing.
Response: Journal Technologies will work with the County to provide a sandbox as needed at no cost.
I-8. The system will include a separate test environment. The vendor will be required to install program fixes
and new releases in the test environment. After user testing and user acceptance, the fixes and new
releases will be moved to the production environment.
Please describe how you plan to meet his requirement.
Response: The County will be able to have as many test environments to support a single production
environment. It is recommended that all new releases and configuration changes be tested in a test
environment before using in the production.
I-9. The DA requires that the vendor will be present for the initial installation and testing. (Testing will be
performed to assure that our performance requirements are satisfied.)
How do you plan to meet this requirement?
Response: Journal Technologies project management will work with the County to meet all required needs.
I-10. Please provide a detailed implementation plan and schedule. An explanation of the basis for the
timeline should be included (i.e., similar installations of similar sizes, etc.).
Response: Journal Technologies will work with your agency to develop a plan for implementation, including
timelines. Experience and expertise from similar size projects will be used to develop these plans.
Proposal No. 208-5325 Page
CASE MANAGEMENT SYSTEM REQUIREMENTS
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RFP - District Attorney Case Management System (208-5325)
TRAINING
Req # Requirement
J-1. The system should include a training database, independent of the production database and the testing
database, for training purposes.
How do you plan to meet this requirement?
Response: See I-8 response
J-2. Please provide a detailed training plan and schedule, including the number of people to be trained and
their roles (such as System Administrator, DA Administration, Attorneys, Investigators, and support staff).
Response: Journal Technologies has an unlimited training budget. We will take a “Train the Trainer”
approach. Each subject matter expert should be a Trainer that is trained by JTI in their area of expertise.
J-3. After go-live, the vendor will be required to provide regular training opportunities through webinars, user
conferences, annual onsite training, newsletters, etc. and continue training and support for any
enhancements.
Please describe in detail the training opportunities you offer.
Response: Journal Technologies provides many training opportunities. Here is a few examples: Annual
Training Conference; Newsletters; Webinars; Youtube Channel; Customer Portal: CDAA Users Conference
block.
J-4. Please describe in detail County IT staffing needs, required skill set, and time commitments for on-going
product support.
Response: Journal Technologies expects heavy involvement form your agency for on-going support. This
will be dependent on the scope of the project services provided. Items like data conversion and interfaces
will increase the level of involvement from the County.
J-5. Please describe in detail District Attorney staffing needs, required skill set, and time commitments for on-
going product support.
Response: Journal Technologies expects heavy involvement form your agency for on-going support. This
will be dependent on the scope of the project services provided. Items like data conversion and interfaces
will increase the level of involvement from the County.
Proposal No. 208-5325 Page
Response:
Fresno County |119
RFP - District Attorney Case Management System (208-5325)
INTERFACE REQUIREMENTS
Req # Requiremen
K-1. The DA requests that the vendor provide an Application Programming Interface (API) that the DA can use
to integrate with other justice partners or software solutions.
Please describe in detail your API or similar solution.
Response: eProsecutor provides a full API for all entities. This is included in this pricing.
K-2. What features make your API intuitive enough to be used by individuals with programming background,
without requiring vendor assistance?
Response: eProsecutor API comes with a list of data elements that it can be accessed. Programming
resoures will be required for the County to use the API.
All interfacing requirements are included in this pricing. Journal Technologies will deliver the API code for
each interface upon completion.
K-3. Please describe in detail how the system is capable of interfacing with systems of other County and City
Justice agencies including the following:
• Courts (currently using V2, but transitioning to Odyssey)
• Electronic filing
• Electronic dispositions and sentencing
• Electronic notifications/alerts
• Sheriff Motorola applications:
• OffenderTrak (Jail Management system)
• Open Query (CLETS access)
• Data 911
• NetRMS (Records Management System)
Response:
eProsecutor’s Public Portal gives the County the ability to share and collect data from any source the Count
would like. This includes, but not limited to: Discovery Sharing; Law Enforcement filing.
Integration using eProsecutor’s API can connect to other data warehouses and return that data to
eProsecutor. It is a requirement that these “other” data warehouses have the ability for an API to look up
and get data/files. Journal Technologies has integrated with many different agencies on other projects
including; Law Enforcement RMS; Court CMS (including Tyler); California DMV; DOJ.
K-4. Please describe in detail if the system is capable of sending and receiving data using the industry
standard, ECF 4.0, for electronic court filing.
Response: If ECF 4.0 is required then Journal Technologies will provide scope of services and cost to
provide this requirement.
K-5. Please describe in detail how the system can interface with the Fresno Police Department to include the
following:
• Electronic Subpoenas: Electronically transfer Subpoena data by updating the Fresno Police
Department’s Oracle database
• Provide a notification to the DA when a subpoena has been served
• Prosecution Requests: receive and track electronic Prosecution Requests (Pros. Requests,
Police Reports, evidence, etc.) from the Fresno Police Department and initiate or turndown Adult
criminal cases from them
• Notifications – provide electronic notification of case filing/turndown
Proposal No. 208-5325 Page
Response:
Fresno County |120
RFP - District Attorney Case Management System (208-5325)
Response:
eProsecutor’s Public Portal gives the County the ability to share and collect data from any source the Count
would like. This includes, but not limited to: Subpoena delivery; Discovery Sharing; Law Enforcement filing.
Journal Technologies has provide partnered with iSubponea to provide all the features and features of that
product.
Integration using eProsecutor’s API can connect to other data warehouses and return that data to
eProsecutor. It is a requirement that these “other” data warehouses have the ability for an API to look up
and get data/files.
Journal Technologies has integrated with many different agencies on other projects including; Law
Enforcement RMS; Court CMS (including Tyler); California DMV; DOJ.
K-6. Please describe in detail how the system can interface with the Juvenile Probation system (JAS - Juvenile
Automation System).
The system should have the ability to receive and track electronic Referrals for Prosecution (Referrals,
Probation reports, Law Enforcement reports, evidence, etc.) from the Juvenile Probation Department,
and to initiate or turndown Juvenile criminal cases from them.
Response:
eProsecutor’s Public Portal gives the County the ability to share and collect data from any source the Count
would like. This includes, but not limited to: Discovery Sharing; Law Enforcement filing.
Integration using eProsecutor’s API can connect to other data warehouses and return that data to
eProsecutor. It is a requirement that these “other” data warehouses have the ability for an API to look up
and get data/files. Journal Technologies has integrated with many different agencies on other projects
including; Law Enforcement RMS; Court CMS (including Tyler); California DMV; DOJ.
K-7. Please describe in detail how the system can interface with the Fresno Sheriff’s Department to include
the following:
• Electronic Subpoenas: electronically transfer Subpoena data to the Fresno Sheriff’s Department
• Provide a notification to the DA when a subpoena has been served
• Prosecution Requests: receive and track electronic Prosecution Requests (Pros. Requests,
Sheriff Reports, evidence, etc.) from the Fresno Sheriff’s Department and initiate or turndown
Adult criminal cases from them.
• Notifications – provide electronic notification of case filing/turndown
Response:
eProsecutor’s Public Portal gives the County the ability to share and collect data from any source the Count
would like. This includes, but not limited to: Discovery Sharing; Law Enforcement filing.
Integration using eProsecutor’s API can connect to other data warehouses and return that data to
eProsecutor. It is a requirement that these “other” data warehouses have the ability for an API to look up
and get data/files. Journal Technologies has integrated with many different agencies on other projects
including; Law Enforcement RMS; Court CMS (including Tyler); California DMV; DOJ
.
Proposal No. 208-5325 Page
Response:
Fresno County |121
RFP - District Attorney Case Management System (208-5325)
CONVERSION REQUIREMENTS
Req # Requirement
L-1. A conversion will be required for the data in the STAR system. This will include more than 600,000 cases
from the old legacy PROMIS system, 76,00 Welfare Fraud, IHSS, and Child Abduction cases from the
old legacy FACTS system, in addition to more than half a million STAR criminal cases. The STAR
database is a SQL database containing more than 158 tables.
The cost of this conversion must be included in the Cost Proposal.
Please describe in detail your data conversion process for these records.
Response: See I-4 and Cost Proposal
L-2. The vendor will move/convert all existing STAR-attached documents and multimedia files (approximately
5,000,000 files) and map them to the new database structure without any loss of content or formatting.
Please describe in detail your data conversion process for these files.
The cost of this conversion must be included in the Cost Proposal.
Response:
Data Discovery to determine document types of files to be imported (ie. Subpoenas, Booking Report,
CHRI, Telephone Records, Orders, etc.)
Gather file counts of files to be imported.
Import files into eProsecutor’s Filing Cabinet. Import application utilizes the JustWare API.
Produce exception reports of all files that failed to import and summary count of files that successfully
imported.
Reconcile count of files imported against initial file counts to confirm all files were imported.
Resolve any issues with files that did not import into the eProsecutor’s Filing Cabinet and/or provide
listing of files that will not import properly.
L-3. STAR users, their logons, passwords and access levels are stored in the Data Security database. There
are approximately 650 STAR users, including users from Probation, various law enforcement agencies,
and the District Attorney’s Office. These users must be transferred into the new system so that they do
not have to be manually entered into the new system.
Please describe in detail your data conversion process for these records.
The cost of converting this data must be included in the Cost Proposal.
Response: Journal Technologies can import user and persons list.
L-4. The system must include data that is currently being tracked in Access databases. These Access
databases are listed in Attachment B.
Please describe in detail your data conversion process for these records.
The cost of converting this data must be included in the Cost Proposal.
Response: See I-4. Cost has been included.
L-5. The system must include data that is currently being tracked in Excel spreadsheets and a Word table.
These Excel spreadsheets and Word table are listed in Attachment B.
Please describe in detail your data conversion process for these records.
The cost of converting this data must be included in the Cost Proposal.
Response: See I-4. Cost has been included.
Proposal No. 208-5325 Page
Response:
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RFP - District Attorney Case Management System (208-5325)
L-6. A conversion of the Word document templates (approximately 150) will be required.
Please describe in detail your data conversion process for these templates.
The cost of convertin g these templates mustbe included in the Cost Proposal.
Response: Journal Technologies requires the County’s assistance in converting document templates. It is
expected that they will be delivered to Journal Technologies in an .RTF format.
L-7. Test conversions must be completed for the data described in Requirements L-1, L-2, L-3. L-4, L-5 and
L-6 prior to acceptance testing.
Please describe in detail your test conversion process.
The cost of these test conversions must be included in the Cost Proposal.
Response: See I-4 Cost has been included.
Fresno County |123
RFP - District Attorney Case Management System (208-5325)
Cost Proposal Overview
One-Time Annual
(in thousands)
Professional services
Implementation services, including expenses $ 350
Conversion and Interfaces 225
Licenses, maintenance, upgrades and support $ 216
$ 575 $ 216
Hosting alternative $ 100
Notes
Since governments normally have limited capital budgets, we typically lease our systems so
that our clients are not confronted with large initial capital investments. We have found that
this model allows the court to plan for growth in a cost conscious way and provides
reinforcement and incentives in a “succeed-or lose” environment for us to provide high-quality
products and continuing services to our clients. For a highly service-oriented software
agreement, the court pays an annual fee. These costs include licenses, maintenance, updates,
upgrades and routine support. This approach also spreads costs over the life of the project. The
continuing licenses are subject to the payment of the annual fees. Because we lease
eProsecutor, it is under continuous warranty.
The annual eProsecutor license and maintenance fees and the professional service fees are due
just before the rollout. Because eProsecutor is configurable, there should be no customization
required, except for interfaces. There will be no implementation progress payments except to
third party providers for data conversions and interfaces, which will be 50% due with a Notice
to Proceed and 50% prior to go-live.
We will include eProsecutor licenses for 240 agency users and additional user licenses (10%
of agency users) for unlimited use of eCourtPublic by the public, including defense attorneys,
and (20% of agency users) for unlimited use by other governmental agencies for a total of 312
users If the number of court users increases, there will be additional annual eCourt fees
pursuant to the following schedule:
Fresno County |124
RFP - District Attorney Case Management System (208-5325)
Pricing Table for System User Licenses for Centralized System
Annual License and
Maintenance Fees
Annual Hosting Fees
User Groups* Users Per User For Group
Per User For Group
1-50
50 $ 1,000 $ 50,000 $ 500
$ 25,000
51-100 50 800 40,000 350 17,500
101-200 100 700 70,000 300 30,000
201-500 300 500 150,000 250 75,000
* Prorated after 50 users with a minimum annual fee of $50,000. The actual number of agency users
will determine the final pricing. The Annual License and Maintenance Fee is governed by a five-
year agreement with a 5% annual increase cap on those fees.
Training will be integrated into all facets of configuration and implementation. Training begins
day one. The more you do, the more you learn…and that is the basic training! Then you will
be able to configure eProsecutor when your business processes change; we have an unlimited
budget for implementation training; we will train until you want no more.
There must be significant involvement from IT personnel during the installation of the
hardware and system software and the conversions and interfaces. Five Point Solutions has
quoted the cost for the conversions and the interfaces to be $225,000.
We have provided the hardware and system software specifications. Government agencies can
purchase/lease equipment, especially the recommended standard hardware, at significant
discounts. Consequently, you should use your costs of any additional equipment and system
software you need in the planning process. We do not provide hardware maintenance and
support.
There are no software escrow fees; see Sample Escrow Agreement.
The annual license and maintenance fees include updates, upgrades and routine support as
described in the Software License and Support Agreement. Other non-routine projects will be
done pursuant to a Statement of Work using an agreed upon hourly rate. However, because
eProsecutor is configurable, the IT department will be able to make most changes.
Proposal No. 208-5325 Page 65
G:\Public\RFP\FY 2014-15\208-5325 DA Case Management System\208-5325 District Attorney Case Management.doc
COST PROPOSAL
Firm:
Please complete the following cost sheet. The price sheet must include unit price, quantity, and
total price for each item listed if applicable. Add any additional lines as needed.
ITEM UNITS UNIT
PRICE
TAXABLE TOTAL
SOFTWARE / INSTALLATION / TRAINING / HARDWARE
Software (Application) Cost:
Workstation/User Licenses
Server License
List and Specify any 3rd Party Software required for
system
Total Software Cost
Installation
Specify the installation Fees
Project Management Fees
Travel Expenses
Total Installation Cost
Training at County of Fresno Location
Train the Trainer – Admin/Supervisor
Train the Trainer – Data Entry Clerk
Additional Cost for 1 Day of Training
Estimated Travel Expenses
Total Training Cost
Hardware
List and Specify Hardware required for system
Total Hardware Cost
Taxes
Total System Cost
MAINTENANCE COST – ANNUAL
Maintenance (to be paid annually)
Discounts (indicate discount type, % as well as $ amount)
Total Annual Maintenance Cost – Year 1
Total Annual Maintenance Cost – Year 2
Total Annual Maintenance Cost – Year 3
Total Annual Maintenance Cost – Year 4
Total Annual Maintenance Cost – Year 5
Fresno County |126
RFP - District Attorney Case Management System (208-5325)
Hardware and Hosted and System Software Configuration
eProsecutor can be on your servers or hosted.
Your servers
We have included below a typical in-house system configuration of hardware that may be
suitable for the agency; it also provides for the eCourtPublic portal. The system includes fail-
over application and database servers that allow uninterrupted access to eProsecutor if the
primary servers are down. A duplicate system will probably be required if you want off-site
disaster recovery. All can be virtualized using VMWare or equivalent.
There are several choices for the hardware; we have provided specifications for H-P
hardware. You can purchase/lease equipment at significant discounts or you might already
have the equipment.
*******
Users only need a web browser (Internet Explorer 9+, Chrome, Firefox, etc.) to access
eProsecutor and eCourtPublic from desktops, laptops, smartphones (iPhone, Android) and
tablet devices (iPad, Xoom, etc.) The system’s graphical user interface, including all
screens and dashboards, is natively touch screen enabled. eProsecutor is database agnostic;
you can use Microsoft SQL, Oracle, etc. No software customization will be required,
except for interfaces. (There are no eProsecutor modules; you have access to all of
eProsecutor.)
Hosted (alternative)
Tonaquint Data Center, located in Utah, provides the SaaS hosted facilities which boasts
state-of-the-art security, fire, safety, power protection, climate stability features along with
robust connectivity and bandwidth services.
Network security within the physically secure facility includes a network firewall anti-
spoofing controls and IP prefix-lists, and Unicast Reverse Path Forwarding (URPF)
protocols. Tonaquint’s network design characteristics are built at minimum N+1 industry
standards and is considered a true tier 3 facility.
Journal Technologies conducts weekly third-party penetration and vulnerability tests on
every hosted customer environment. Tests span discovery, exploitation, brute-forcing and
reporting, providing advanced evasion and post-exploitation methods. In addition to these
tests, Tonaquint has stringent data access controls.
Fortune 500 companies, major corporations, educational institutions, and government
agencies trust Tonaquint Data Center with their hosted services.
Fresno County |127
RFP - District Attorney Case Management System (208-5325)
Approximately 25 Journal Technologies customers in state, local and federal government
are hosted in a private cloud like Tonaquint. If hosted, you will still need the development,
testing and strategy servers in this diagram.
Hardware Environment
`
Internal Users
eCourt
Application
ServersAdditional 20 courts / 500 usersDatabase
Server
MS SQL
Public Portal
eCourt Application
eCourt Database
`
Public Users
Load Balancer
Firewall
NAS SQL Database Server
NAS SQL Database Server
Backup
DEVELOPMENT, TESTING, TRAINING, AND STAGING
`
Users
eCourt/
eCourtPublic
Application Server
eCourt/
eCourtPublic
Database Server
Fresno County |128
RFP - District Attorney Case Management System (208-5325)
Case Management System
Note: All can be virtualized using VMWare or equivalent.
Environment Item Description Hardware and Software Requirement QTY
Production Application Server Hardware: HP DL360/G7 Dual CPU Xeon X5660 (6 Core, 2.8 GHz, 12M Cache), 8GB RAM,
3X146GB 10K RPM Hot Pluggable HD
2
Software: Windows 2008 R2 Server / Standard Edition 2
Apache Tomcat, Jasper iReport
MS SQL Server
Hardware: HP DL360/G7 Dual CPU Xeon X5660 (6 Core, 2.8GHz, 12M Cache), 16GB RAM, 5 X
300 GB 10K RPM Hot Pluggable HD
2
Software: Windows 2008 R2 Server / Standard Edition,
MS SQL Server 2008 R2 / Standard Edition 2
NAS - Database and File Server Hardware: HP X1800 Xeon X5530 (4 Core, 2.4 GHz, 12M Cache), 16GB RAM, 8 X 300 GB 10K
RPM Hot Pluggable HD
2
Software: Windows 2008 Storage Server 2008 R2 (Pre-Installed),
Double Take Mirroring Software 1
Public Portal Application & Database Server Hardware: HP DL360/G7 Dual CPU Xeon X5660 (6 Core, 2.8 GHz, 12M Cache), 16GB,
3X146GB 10K RPM Hot Pluggable HD
1
Software: Windows 2008 R2 Server / Standard Edition, PHP, MS SQL 1
Load Balancer Coyote Point Systems E350si 1
Development,
Testing, Training,
Application & Database Server Hardware: HP DL360/G7 Dual CPU Xeon X5660 (6 Core, 2.8GHz, 12M Cache), 8GB RAM, 2 X
146 GB 10K RPM Hot Pluggable HD, 3 X 300 GB 10K RPM Hot Pluggable HD
2
& Staging
Software: Windows 2008 R2 Server / Standard Edition 2
MS SQL Server 2008 R2 / Standard Edition 1
Signature Pads Topaz
Scanning Hardware Kodak 2800
Report Writers Crystal Reports; if desired
Proposal No. 208-5325 Page 70
G:\Public\RFP\FY 2014-15\208-5325 DA Case Management System\208-5325 District Attorney Case Management.doc
CHECK LIST
This Checklist is provided to assist vendors in the preparation of their RFP response. Included in
this list, are important requirements and is the responsibility of the bidder to submit with the RFP
package in order to make the RFP compliant. Because this checklist is just a guideline, the
bidder must read and comply with the RFP in its entirety.
Check off each of the following:
1. The Request for Proposal (RFP) has been signed and completed.
2. Addenda, if any, have been completed, signed and included in the bid package.
3. One (1) original plus eight (8) copies of the RFP have been provided.
4. The completed Trade Secret Form as provided with this RFP (Confidential/Trade
Secret Information, if provided must be in a separate binder).
5. The completed Criminal History Disclosure Form as provided with this RFP.
6. The completed Participation Form as provided with this RFP.
7. The completed Reference List as provided with this RFP.
8. Indicate all of bidder exceptions to the County’s requirements, conditions and
specifications as stated within this RFP.
9. Lastly, on the LOWER LEFT HAND CORNER of the sealed envelope, box, etc.
transmitting your bid include the following information:
County of Fresno RFP No. 208-5325
Closing Date: February 20, 2015
Closing Time: 2:00 P.M.
Commodity or Service: District Attorney Case Management System
Return Checklist with your RFP response.
23338172.2New Dawn Technologies, Inc. - 2014 1
Journal Technologies, Inc.
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”), by and
between Journal Technologies, Inc., a Utah corporation (hereinafter “Journal
Technologies, Inc.”), and _________________________ (hereinafter “Client”), is made
as of the date executed by both Journal Technologies, Inc. and Client (the “Effective
Date”).
In consideration for the representations and agreements contained herein, the
parties hereby covenant and agree as follows:
1. DEFINITIONS
1.1 Deliverable(s) means one or more items (which may include software,
services or other items) to be delivered by Journal Technologies, Inc. to Client under a
Statement of Work or this Agreement.
1.2 Project means each project undertaken by Journal Technologies, Inc.
under Section 2 (“Services”) pursuant to a Statement of Work.
1.3 Service Fees means the fees to be paid by Client for Services, as set forth
in the Pricing Proposal attached hereto as Exhibit A for the initial Services or in the
applicable Statement of Work for additional Services.
1.4 Services means those services provided by Journal Technologies, Inc. to
Client under Section 2 (“Services”) of this Agreement.
1.5 Statement of Work means a statement of work, prepared and executed
pursuant to the provisions of Section 2 (“Services”) of this Agreement.
2. SERVICES
2.1 Projects. Journal Technologies, Inc. agrees to provide Services to Client,
as such may be determined from time to time in accordance with the provisions of this
Section 2 (“Services”). All Services will be rendered in accordance with the provisions
of this Agreement, the applicable Statement of Work and any other guidelines agreed
upon in writing by Journal Technologies, Inc. and Client.
2.2 Project Requests. If Client requests Services, Client shall submit a
reasonably detailed Project request to Journal Technologies, Inc. shall have the right to
request additional details about the proposed Project described in the Project request. If
Journal Technologies, Inc. believes that it can provide the requested services, within a
commercially reasonable time, Journal Technologies, Inc. shall submit a proposed
Statement of Work to Client.
23338172.2New Dawn Technologies, Inc. - 2014 2
2.3 Completion of Statements of Work.
2.3.1 Final Statement of Work. Upon Client’s receipt of a proposed
Statement of Work, Journal Technologies, Inc. and Client shall attempt
reasonably to meet, consult and agree upon a final Statement of Work.
2.3.2 Incorporations of Statement of Work. At such time as the parties
shall have agreed upon a Statement of Work, the Statement of Work as so
completed, approved and executed by their authorized representatives shall
constitute an agreement under and be subject to the non-conflicting provisions of
this Agreement.
2.4 Changes. Modifications to a Statement of Work shall be accomplished by
the negotiation and execution of an amendment reasonably satisfactory to each of the
parties, which may result in an increase or decrease in the overall cost of a Project.
2.5 Journal Technologies, Inc.’s Employees and Subcontractors;
Indemnification Generally. Journal Technologies, Inc. shall require all of its employees
and subcontractors to comply with the terms of this Agreement and any reasonable and
lawful employment and security policies and procedures adopted from time to time by
Client. Journal Technologies, Inc. shall procure all business permits necessary to perform
under this Agreement and pay all related fees. Journal Technologies, Inc. and Client shall
each indemnify, defend and hold harmless the other and their respective affiliates,
officers, directors, employees and agents, from and against any and all losses, liabilities,
damages, causes of action, claims, demands, and expenses (including reasonable legal
fees and expenses) incurred by the indemnified party, arising out of or resulting from (i)
the violation by the indemnifying party or its employees, agents, or contractors of any
applicable law, order, ordinance, regulation or code or (ii) the gross negligence or
intentional misconduct of the indemnifying party or its employees, agents or contractors.
2.6 Status Reporting. Journal Technologies, Inc. will provide reasonable status
reports to Client upon request.
2.7 Status Meetings. If Client so requests, Journal Technologies, Inc. shall
hold periodic status meetings with Client management in order to review the status of
Journal Technologies, Inc. activities.
2.8 Record Keeping and Inspection. Journal Technologies, Inc. shall maintain
reasonable accounting records, in a form sufficient to substantiate Journal Technologies,
Inc.’s charges hereunder. Journal Technologies, Inc. shall retain such records in
accordance with its general record retention policies. Client shall have the right to inspect
any such records upon reasonable notice, at Journal Technologies, Inc.’s main office and
during Journal Technologies, Inc.’s normal business hours.
2.9 Ownership of Product of Services. Unless otherwise specified to the
contrary in the applicable Statement of Work, all data, materials, Deliverables and other
23338172.2New Dawn Technologies, Inc. - 2014 3
products developed by Journal Technologies, Inc. under a Statement of Work or this
Agreement shall be and remain the sole and exclusive property of Journal Technologies,
Inc., which shall retain all rights therein; provided that upon payment of all required
amounts by Client, Client shall have the right to utilize any Deliverables for Client’s
internal purposes in accordance with the terms and conditions of the Statement of Work
and the applicable license agreement (or, in the absence of an applicable license
agreement, on a perpetual, royalty-free basis following the payment of all applicable
Service Fees).
3. WARRANTIES
3.1 Services Warranties. Journal Technologies, Inc. warrants that the Services
rendered to Client pursuant to this Agreement shall be performed in a competent and
professional manner, and that each of Journal Technologies, Inc.’s employees,
contractors and agents assigned to perform Services pursuant to this Agreement shall
have training, background and skills commensurate with the level of performance
reasonably expected for the tasks to which he or she is assigned.
3.2 Warranty of Law. Journal Technologies, Inc. warrants and represents that
to the best of its knowledge: (i) Journal Technologies, Inc. has full authority to enter into
this Agreement and to consummate the transactions contemplated hereby and (ii) this
Agreement is not prohibited by any other agreement to which Journal Technologies, Inc.
is a party or by which it may be bound (the “Legal Warranty”). In the event of a breach
of the Legal Warranty, Journal Technologies, Inc. shall indemnify and hold harmless
Client from and against any and all losses, liabilities, damages, causes of action, claims,
demands, and expenses (including reasonable legal fees and expenses) incurred by Client,
arising out of or resulting from said breach.
3.3 No Other Warranties. THE WARRANTIES AND REPRESENTATIONS
STATED WITHIN THIS AGREEMENT ARE EXCLUSIVE, AND IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WARRANTIES WITH RESPECT TO
THE OPERATION OF ANY DELIVERABLE SHALL BE AS SET FORTH IN THE
APPLICABLE LICENSE AGREEMENT OR STATEMENT OF WORK.
4. PAYMENT
Service Fees shall be payable in respect of Services provided by Journal
Technologies, Inc. (including its agents and contractors) to, for, or at the request of Client
or those acting on its behalf under this Agreement, including but not limited to
installation, configuration, training and the like. If such Services are provided pursuant to
a Statement of Work, all work and all Deliverables related to such Services, and the
payment therefor, shall be completed as provided in the Statement of Work. If any
Services are requested and provided without a Statement of Work, they will be billed by
Journal Technologies, Inc. to Client in accordance with Journal Technologies, Inc.’s
normal billing practices at the time, on a time-and-expense basis, with hourly rates at the
23338172.2New Dawn Technologies, Inc. - 2014 4
then-standard rates, and expenses charged at cost, or as the parties may otherwise agree in
writing. Unless otherwise set forth in an applicable Statement of Work or other written
agreement of the parties, payment for a Deliverable shall become due and payable upon
delivery, net thirty (30) days. All sales taxes levied on account of payments to Journal
Technologies, Inc. are the responsibility of the Client.
5. LIMITATIONS ON LIABILITY
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF
ANTICIPATED PROFITS IN CONNECTION WITH OR ARISING OUT OF THE
SUBJECT MATTER OF THIS AGREEMENT. FURTHERMORE, IN NO EVENT
SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY AMOUNT IN
EXCESS OF THE AMOUNT OF SERVICE FEES DUE OR ALREADY RECEIVED
BY JOURNAL TECHNOLOGIES, INC. UNDER THIS AGREEMENT.
6. CONFIDENTIALITY
6.1 Client’s Responsibilities. Client hereby agrees that (i) all materials
received from Journal Technologies, Inc. under this Agreement are the confidential and
proprietary information of Journal Technologies, Inc., (ii) Client shall take all necessary
steps to protect and ensure the confidentiality of such confidential information, and (iii)
except as permitted by a Statement of Work, none of such materials shall be in any way
disclosed by Client to any third party, in whole or in part, without the prior written
consent of Journal Technologies, Inc., which may be granted or withheld in its sole
discretion. If Client becomes aware of the unauthorized possession of such materials, it
shall promptly notify Journal Technologies, Inc.. Client shall also assist Journal
Technologies, Inc. with preventing the recurrence of such unauthorized possession and
with any litigation against the third parties deemed necessary by Journal Technologies,
Inc. to protect its proprietary rights.
6.2 Journal Technologies, Inc.’s Responsibilities. Journal Technologies, Inc.
hereby agrees that (i) any information related to the official business of Client that
Journal Technologies, Inc. obtains from Client in the course of the performance of this
Agreement is the confidential and proprietary information of Client, (ii) Journal
Technologies, Inc. shall take all necessary steps to protect and ensure the confidentiality
of such information, and (iii) such information shall not be in any way disclosed by
Journal Technologies, Inc. to any third party, in whole or in part, without the prior written
consent of Client, which may be granted or withheld in its sole discretion. If Journal
Technologies, Inc. becomes aware of the unauthorized possession of such information, it
shall promptly notify Client. Journal Technologies, Inc. shall also assist Client with
preventing the recurrence of such unauthorized possession and with any litigation against
the third parties deemed necessary by Client to protect its proprietary rights.
6.3 Confidentiality Breach. In the event a party breaches any of its obligations
under this Section 6 (“Confidentiality”), the breaching party shall indemnify, defend and
hold harmless the non-breaching party from and against any and all losses, liabilities,
23338172.2New Dawn Technologies, Inc. - 2014 5
damages, causes of action, claims, demands, and expenses (including reasonable legal
fees and expenses) incurred by the non-breaching party arising out of such breach. In
addition, the non-breaching party will be entitled to obtain injunctive relief against the
breaching party.
6.4 Exclusions. The provisions of this Section 6 (“Confidentiality”) shall not
apply to any information (i) that is in the public domain prior to the disclosure or that
becomes part of the public domain other than by way of a breach of this Agreement, (ii)
that was in the lawful possession of Journal Technologies, Inc. or Client, as the case may
be, prior to the disclosure without a confidentiality obligation to any person, (iii) that was
disclosed to Journal Technologies, Inc. or Client, as the case may be, by a third party who
was in lawful possession of the information without a confidentiality obligation to any
person, (iv) that was independently developed by Journal Technologies, Inc. or Client, as
the case may be, outside the scope of this Agreement or (v) that Journal Technologies,
Inc. or Client, as the case may be, is required to disclose by law or legal process.
7. TERM AND TERMINATION
7.1 Term. The term of this Agreement shall commence on the Effective Date
and shall continue until terminated in accordance with the terms of this Section 7 (“Term
and Termination”).
7.2 Term of Statements of Work. Each Statement of Work pertaining to the
provision of Services, and each other written agreement for such Services, shall
commence on the date of execution of such Statement of Work or other agreement and
shall continue in full force and effect thereafter until terminated in accordance with the
provisions thereof or until the Services required have been provided and paid for. A
termination of this Agreement shall simultaneously terminate any outstanding Statements
of Work or other agreement for Services.
7.3 Termination by Journal Technologies, Inc.
7.3.1 Payment Default. Journal Technologies, Inc. shall have the right to
terminate this Agreement (but reserving cumulatively all other rights and
remedies under this Agreement, in law and/or in equity), for any failure of Client
to make payments of moneys due when the same are due, and such failure
continues for a period of thirty (30) days after written notice thereof by Journal
Technologies, Inc. to Client.
7.3.2 Other Client Defaults. Journal Technologies, Inc. may terminate
this Agreement (but reserving cumulatively all other rights and remedies under
this Agreement, in law and/or in equity), for any other material breach by Client
which violation or breach continues for a period of thirty (30) days after written
notice thereof by Journal Technologies, Inc. to Client.
7.4 Termination by Client. Client shall have the right to terminate this
Agreement (reserving cumulatively all other rights and remedies under this Agreement,
in law and/or in equity) without further obligation or liability to Journal Technologies,
23338172.2New Dawn Technologies, Inc. - 2014 6
Inc. (except as specified in Subsection 7.5 below) if Journal Technologies, Inc. commits
any material breach of this Agreement and fails to remedy such breach within thirty (30)
days after written notice by Client to Journal Technologies, Inc. of such breach. Client
shall have the right to terminate this Agreement effective immediately and without prior
notice if Journal Technologies, Inc. goes into liquidation or files for bankruptcy.
7.5 Effect of Termination. Termination of this Agreement or any Statement of
Work shall not affect any rights and/or obligations of the parties which arose prior to any
such termination and such rights and/or obligations shall survive any such termination.
Within thirty (30) days after the effective date of any such termination, Client shall pay
Journal Technologies, Inc.’s fees and expenses at its then-standard rates for all Services
rendered under the applicable Statement of Work or this Agreement up to the effective
date of termination, including, without limitation, all work in process. Upon termination,
each party shall return the confidential property of the other party obtained under the
terminated Statement of Work or this Agreement, as applicable. This includes, without
limitation, all work product of Journal Technologies, Inc. produced pursuant to this
Agreement or any Statement of Work, and Client shall have no further right to retain or
use such work product following termination. In addition, the confidentiality obligations
of the parties in Section 6 (“Confidentiality”) shall survive the termination of this
Agreement.
8. GENERAL
8.1 Waiver, Amendment or Modification. The waiver, amendment or
modification of any provision of this Agreement or any right, power or remedy hereunder
shall not be effective unless made in writing and signed by both parties. No failure or
delay by either party in exercising any right, power or remedy with respect to any of its
rights hereunder shall operate as a waiver thereof.
23338172.2New Dawn Technologies, Inc. - 2014 7
8.2 Notice. All notices under this Agreement shall be in writing and shall be
deemed to have been duly given if delivered in person, by commercial overnight courier
or by registered or certified mail, postage prepaid, return receipt requested, and addressed
as follows:
To Journal Technologies, Inc.:
Journal Technologies, Inc.
843 South 100 West
Logan, Utah 84321
Attention: President
and
Munger, Tolles & Olson LLP
355 South Grand Ave., 36th Floor
Los Angeles, California 90071
Attention: Brett Rodda, Esq.
To Client: Name
Address
Address
Attention:
8.3 No Third Party Beneficiaries. This Agreement is not intended to create
any right in or for the public, or any member of the public, any subcontractor, supplier or
any other third party, or to authorize anyone not a party to this Agreement to maintain a
suit to enforce or take advantage of its terms.
8.4 Successors and Assigns. Neither party may assign this Agreement in
whole or part without the prior written consent of the other party; provided that Journal
Technologies, Inc. may assign this Agreement to another subsidiary of Daily Journal
Technologies, Inc. Corporation, directly or by operation of law, without the prior written
consent of Client. Any attempt to assign this Agreement without the prior written consent
of the other party is void and without legal effect, and such an attempt constitutes a
material breach and grounds for termination by the other party. Subject to the foregoing,
all of the terms, conditions, covenants and agreements contained herein shall inure to the
benefit of, and be binding upon, any successor and any permitted assignees of the
respective parties hereto. It is further understood and agreed that consent by either party
to such assignment in one instance shall not constitute consent by the party to any other
assignment. A transfer of corporate control, merger, sale of substantially all of a party’s
assets and the like, even though including this Agreement as an assigned asset or
contract, shall not be considered an assignment for these purposes.
8.5 Dispute Resolution. Any dispute arising under or related to this
Agreement shall be resolved exclusively as follows:
23338172.2New Dawn Technologies, Inc. - 2014 8
9.5.1 Initial Resolution by Meeting. The parties shall first attempt to
resolve amicably the dispute by meeting with each other, by telephone or in
person at a mutually convenient time and location, within thirty (30) days after
written notice of a dispute is delivered from one party to the other. Subsequent
meetings may be held upon mutual agreement of the parties.
9.5.2 Mediation. If the dispute is not resolved within sixty (60) days of
the first meeting, the parties shall submit the dispute to mediation by an
organization or company specializing in providing neutral, third-party mediators.
Client shall be entitled to select either (i) the location of the mediation or (ii) the
organization or company, and Journal Technologies, Inc. shall select the other.
The mediation shall be conducted within sixty (60) days of the date the dispute is
submitted to mediation, unless the parties mutually agree on a later date.
9.5.3 Arbitration. Any dispute that is not otherwise resolved by meeting
or mediation shall be exclusively resolved by arbitration between the parties in
accordance with the Comprehensive Arbitration Rules & Procedures of JAMS,
with the arbitration to be conducted in Los Angeles, California, or another
location mutually agreed by the parties. The results of such arbitration shall be
binding on the parties, and judgment may be entered in any court having
jurisdiction. Notwithstanding the foregoing, either party may seek interim
injunctive relief from any court of competent jurisdiction.
8.6 Control of Defense. All indemnification obligations under this Agreement
are conditioned upon (i) written notice by the indemnified party to the indemnifying party
within thirty (30) days of the indemnified party’s receipt of any claim for which
indemnification is sought, (ii) tender of control over the defense and settlement to the
indemnifying party and (iii) such reasonable cooperation by the indemnified party in the
defense as the indemnifying party may request; provided, however, the indemnifying
party shall not, without the prior written consent of the indemnified party, settle,
compromise or consent to the entry of any judgment with respect to any pending or
threatened claim unless the settlement, compromise or consent provides for and includes
an express, unconditional release of such claim against the indemnified party.
8.7 Governing Law. The validity, construction and performance of this
Agreement and the legal relations among the parties to this Agreement shall be governed
by and construed in accordance with the laws of the State of California without giving
effect to its conflict of law principles.
8.8 Independent Contractor. Journal Technologies, Inc., in performance of this
Agreement, is acting as an independent contractor. Personnel supplied by Journal
Technologies, Inc. (including personnel supplied by subcontractors) hereunder are not
Client’s personnel or agents, and Journal Technologies, Inc. assumes full responsibility
for their acts. Journal Technologies, Inc. shall be solely responsible for the payment of
compensation of Journal Technologies, Inc. employees and contractors assigned to
perform services hereunder, and such employees and contractors shall be informed that
they are not entitled to the provision of any Client employee benefits. Client shall not be
23338172.2New Dawn Technologies, Inc. - 2014 9
responsible for payment of worker’s compensation, disability or other similar benefits,
unemployment or other similar insurance or for withholding income or other similar taxes
or social security for any Journal Technologies, Inc. employee, and such responsibility
shall solely be that of Journal Technologies, Inc.
8.9 Severability. In the event any one or more of the provisions of the
Agreement shall for any reason be held to be invalid, illegal or unenforceable, the
remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal or
unenforceable provision shall be replaced by a provision, which, being valid, legal and
enforceable, comes closest to the intention of the parties underlying the invalid, illegal or
unenforceable provision.
8.10 Counterparts. This Agreement and any Statement of Work may be
executed in counterparts and by the exchange of signatures by facsimile or PDF.
[Continued on Next Page]
IN WITNESS WHEREOF, the parties have caused this instrument to be duly
executed as of the date last written below.
JOURNAL TECHNOLOGIES, INC.:
By: Date: _____________
Printed Name and Title: ___________________________________________________
_____________________________________________:
By: Date: _____________
Printed Name and Title: __________________________________________________
24216147.1
Journal Technologies, Inc. - 2014 - 1 -
Journal Technologies, Inc.
SOFTWARE LICENSE AND SUPPORT AGREEMENT
THIS SOFTWARE LICENSE AND SUPPORT AGREEMENT (this
“Agreement”), by and between Journal Technologies, Inc., a Utah corporation
(hereinafter “Licensor”), and _________________________________ (hereinafter
“Licensee”), is made as of the date executed by both Licensor and Licensee (the
“Effective Date”). In consideration for the representations and agreements contained
herein, the parties hereby covenant and agree as follows:
1. DEFINITIONS
1.1 Application Administrator is a designated employee or contractor of
Licensee responsible for managing the case management system. This role includes
communicating with Licensor staff for support, troubleshooting problems, and
coordinating maintenance tasks.
1.2 Documentation includes user, administrative and technical electronic
guides which facilitate the use of and relate to the Licensed Software, together with any
written product information, instructions, specifications or use guidelines made
available by Licensor.
1.3 Go Live means that the Licensed Software is being Used (as defined
below) in an operational capacity with operational data in Licensee's production
environment.
1.4 Licensed Software means the proprietary computer software program
or programs identified in Exhibit A (“LICENSE AND MAINTENANCE FEES”), together
with all related Documentation.
1.5 License and Maintenance Fees means the fees to be paid by Licensee
to Licensor annually in advance of each year of the License Term pursuant to Section
2.2.2 (“License and Maintenance Fees”).
1.6 Maintenance means enhancements, upgrades and new releases of the
Licensed Software, which includes only those additions and/or modifications to the
Licensed Software which (A) enhance functionality and/or performance without
fundamentally altering the nature or manner in which the Licensed Software operates,
and (B) are made generally available without additional or increased charges to other
persons entitled to receive maintenance from Licensor.
1.7 Professional Services Agreement means that certain Professional
Services Agreement between Licensor and Licensee, of even date herewith.
1.8 Support means access to technical assistance for the Licensed Software,
including support for questions about functionality and installation, the resolution of
error messages, bug fixes and troubleshooting.
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Journal Technologies, Inc. - 2014 - 2 -
1.9 Use or Using means (i) transferring any portion of the Licensed Software
from storage units or media into computer or terminal equipment for utilization or
processing; (ii) accessing any portion of the Licensed Software for any purpose
(including, without limitation, viewing information already in the Licensed Software); or
(iii) merging any Licensed Software in machine readable form into another program.
1.10 User means (a) any individual person, computer terminal or computer
system (including, without limitation, any workstation, pc/cpu, laptop and wireless or
network node) that has been authorized by the Licensee (through a username and
password) to use the Licensed Software, (b) any other non-court government employees
and contractors who are performing their jobs, or a computer terminal or computer
system used by such a person, or (c) any individual person who is a member of the
general public (including litigants and their attorneys, reporters and interested citizens,
but not government employees or contractors who are performing their jobs), or a
computer terminal or computer system used by such a person, accessing the Licensed
Software at any given time for any reason (including to file documents electronically or
to view information already in or accessible through the Licensed Software).
2. LICENSE
2.1 Grant of License. Upon commencement of the License Term, Licensor
grants to Licensee and Licensee hereby accepts from Licensor a non-exclusive, non-
transferable, personal license to install and Use the Licensed Software; provided,
however, that Licensee’s rights with respect to the Licensed Software are at all times and
in all respects subject to the terms and conditions of this Agreement. Licensee’s
authorized Users may Use the Licensed Software only during the License Term and only
so long as Licensee has paid the required License and Maintenance Fees and is not
otherwise in default under this Agreement. This license includes the right to make one
copy of the Licensed Software in machine-readable form solely for Licensee’s back-up
purposes. The Licensed Software is the proprietary information and a trade secret of
Licensor and this Agreement grants Licensee no title or rights of ownership in the
Licensed Software. The Licensed Software is being licensed and not sold to the Licensee.
The Licensed Software is protected by United States copyright laws and international
copyright treaties, as well as other intellectual property laws.
2.2 License Term and License and Maintenance Fees.
2.2.1 License Term. The License Term shall commence on the date of
Go Live; provided that the License and Maintenance Fees for the first year of the License
Term and any unpaid fees for implementation services under the Professional Services
Agreement must have been received prior to such date (and the license file shall not be
delivered, and the License Term shall not begin, until such License and Maintenance
Fees and fees for implementation services have been received by Licensor). The License
Term shall continue until the fifth anniversary of the date of Go Live, and shall thereafter
automatically renew for successive one-year periods (the “License Term”), unless
Licensee elects to not renew the License Term upon written notice to Licensor given not
less than ninety (90) days prior to the end of the then-current License Term.
2.2.2 License and Maintenance Fees. Licensee shall make payment of
the License and Maintenance Fees to Licensor based on the number of Users and
calculated in accordance with Exhibit A, in advance of each applicable year of the License
Term, including each year of the original License Term and each one-year extension;
24216147.1
Journal Technologies, Inc. - 2014 - 3 -
provided that the License and Maintenance Fees for the first year of the License Term
and any unpaid fees for implementation services under the Professional Services
Agreement must be paid prior to Go Live. Annual License and Maintenance Fees are
subject to increase in accordance with Exhibit A. Licensee may increase the number of
Users at any time upon written notice to Licensor, which shall be promptly followed by
payment reflecting the increased License and Maintenance Fees, calculated according to
Exhibit A, and pro-rated for any partial year of the License Term. Licensee may also
reduce the number of Users of the Licensed Software, and the commensurate fee
payable, but such reduction shall only become effective at the beginning of the following
year of the License Term, and the written reduction notice must be given at least sixty
(60) days before the next anniversary of the start of the License Term. All sales taxes or
similar fees levied on account of payments to Licensor are the responsibility of Licensee.
2.2.3 Certain Specific Limitations. Licensee shall not, and shall not
permit any User or other party to, (a) copy or otherwise reproduce, reverse engineer or
decompile all or any part of the Licensed Software, (b) make alterations to or modify the
Licensed Software, (c) grant sublicenses, leases or other rights in or to the Licensed
Software, or (d) permit any party access to the Licensed Software for purposes of
programming against it. Licensee is solely responsible for all data entered, contained in
and modified while using the Licensed Software, including, without limitation, the
accuracy, responsibility for archival, loss of, use and misuse of all such data.
2.2.4 E-Commerce Functionality Fees. If JusticeWeb is included in the
Licensed Software and the e-commerce functionality of JusticeWeb is utilized, Licensor
shall provide a PCI compliant payment gateway and payment processing functionality. A
merchant services agreement will be provided to Licensee upon request. If Licensee
requires an alternate payment processor provider, Licensee is responsible for all
additional development costs to connect JusticeWeb with the payment processor
provider.
2.2.5 Source Code Escrow. Licensee shall have the opportunity to be
added as a beneficiary under the Software Source Code Agreement between Licensee and
InnovaSafe, Inc., as it may be amended from time to time, a copy of which is attached as
Exhibit B (“SOURCE CODE ESCROW AGREEMENT”). Licensee shall complete the
beneficiary enrollment form and pay the required fees directly to InnovaSafe.
2.2.6 Hosted Services. If Licensee desires for Licensor to provided
hosted services for the Licensed Software, Licensor can provide such services subject to
the terms and conditions set forth in Exhibit D (“HOSTED SERVICES”) and to the
payment of the requisite hosting fees set forth in Exhibit A. Notwithstanding the
foregoing, Licensor shall not provide hosted services unless included in the proposal
attached to Exhibit A, or Licensee and Licensor have entered into a separate written
agreement for such services.
3. MAINTENANCE AND SUPPORT
3.1 Maintenance. Maintenance will be provided for the Licensed Software
provided that Licensee has paid the applicable License and Maintenance Fees described
in Section 2.2.2, and subject to all of the terms and conditions of this Agreement.
Maintenance for the Licensed Software will be available when the applicable
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Journal Technologies, Inc. - 2014 - 4 -
enhancement, upgrade or release is first made generally available to persons entitled to
receive maintenance from Licensor.
3.2 Support. Support for JustWare and JusticeWeb is available by telephone,
e-mail, or internet support forum from 7:00 am to 6:00 pm Mountain time, Monday
through Friday, except for federal holidays. Support for the JustWare API is provided
via the API Support Internet Forum. Licensor shall generally provide an initial response
within four (4) hours of first contact. Licensor shall use all reasonable diligence in
correcting verifiable and reproducible errors reported to Licensor. Licensor shall, after
verifying that such an error is present, initiate work in a diligent manner toward
development of a solution. If the error is categorized as “Critical” (meaning an error for
which there is no workaround and which causes data loss, affects a mission critical task
or poses a possible security risk that could compromise the system), Licensor shall
provide a solution through a service release as soon as possible. Licensor shall not be
responsible for correcting errors in any version of the Licensed Software other than the
current version, with the exception of Critical errors, for which a service release will be
provided for the most recent previous version as well. Licensor shall not be responsible
for errors caused by hardware limitations or failures, network infrastructure, operating
system problems, operator errors or any errors related to processes, interfaces or other
software.
3.3 Conditions to Receive Support.
3.3.1 Licensee must designate one or more Application Administrators,
each of whom shall be an employee or contractor of Licensee. Only a designated
Application Administrator may request Support. It is the responsibility of Licensee to
instruct Users to route Support requests through the Application Administrator.
Requests by others are subject to additional fees described in Section 3.4.
3.3.2 Licensee must maintain a dedicated connection, approved by
Licensor, to the Licensed Software’s database and/or application server, with full screen
access to the server and full administrative rights to publish information and make
changes.
3.3.3 Licensee must maintain all related hardware and software systems
required for the operation of the Licensed Software. Minimum System requirements are
attached as Exhibit C (“SYSTEM REQUIREMENTS”). Licensor shall have no
responsibility for configuring, maintaining or upgrading Licensee’s operating system,
hardware, network, or any other software not provided by Licensor. Licensor is not
responsible for creating or maintaining database or storage backup files.
3.3.4 Licensee must keep current and have installed the latest generally
available version of the Licensed Software or the most recent previous version.
3.4 Other Support. JustWare and JusticeWeb Support requested by a User
other than a designated Application Administrator and JustWare API telephone support
shall be billed to Licensee at an hourly rate (billed in fifteen (15) minute increments),
with payment by Licensee due within thirty (30) days after receipt of the invoice from
Licensor. The hourly rate is specified in Exhibit A. In addition, Services that go beyond
routine Support may be provided under the terms of a professional services agreement
upon agreement of the parties.
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Journal Technologies, Inc. - 2014 - 5 -
4. WARRANTY
4.1 Licensed Software Warranty. Licensor warrants that the Licensed
Software will perform in all material respects during the License Term in accordance
with the applicable user, administrative, and technical electronic guides.
Notwithstanding the foregoing, this warranty shall not apply and Licensor will incur no
liability whatsoever if there is or has been (a) the use of any non-current version (or the
most recent previous version) of the Licensed Software, (b) the combination of the
Licensed Software with any other software not recommended, provided or authorized by
Licensor, (c) modification of the Licensed Software, (d) any use of the Licensed Software
in breach of this Agreement or (e) any failure to satisfy the conditions to receive Support
under Section 3.4 above. If at any time during the License Term the Licensed Software
fails to perform according to this warranty, Licensee shall promptly notify Licensor in
writing of such alleged nonconformance, and Licensor shall provide bug fixes and other
Support, but only so long as the alleged nonconformance is not caused by an act of
Licensee or any third party not under the control of or authorized by Licensor. After the
bug fixes and Support have been provided, if any such non-performance materially
impairs the ability of Licensee to utilize the Licensed Software, Licensee shall have the
right, on thirty (30) days’ notice, to terminate the license and this Agreement (with a
credit for License and Maintenance Fees paid with respect to the period in which
utilization was materially impaired).
4.2 Warranty of Law. Licensor represents and warrants that to the best of
Licensor’s knowledge: (i) there is no claim, litigation or proceeding pending or
threatened against Licensor with respect to the Licensed Software or any component
thereof alleging infringement of any patent or copyright or any trade secret or any
proprietary right of any person; (ii) the Licensed Software complies in all material
respects with applicable laws, rules and regulations; (iii) Licensor has full authority to
enter into this Agreement and to consummate the transactions contemplated hereby;
and (iv) this Agreement is not prohibited by any other agreement to which Licensor is a
party or by which it may be bound (the “Legal Warranty”). In the event of a breach of
the Legal Warranty, Licensor shall indemnify and hold harmless Licensee from and
against any and all losses, liabilities, damages, causes of action, claims, demands, and
expenses (including reasonable legal fees and expenses) incurred by Licensee, arising out
of or resulting from said breach.
4.3 Warranty of Title. Licensor further warrants that (i) it has good title to the
Licensed Software; (ii) it has the absolute right to license the Licensed Software; (iii) as
long as Licensee is not in material default hereunder, Licensee shall be able to quietly
and peacefully possess and Use the Licensed Software provided hereunder subject to and
in accordance with the provisions of this Agreement; and (iv) Licensor shall be
responsible for and have full authority to license all proprietary and/or third party
software modules, algorithms and protocols that are incorporated into the Licensed
Software (the “Title Warranty”). In the event of a breach of the Title Warranty,
Licensor shall indemnify and hold harmless Licensee from and against any and all losses,
liabilities, damages, causes of action, claims, demands, and expenses (including
reasonable legal fees and expenses) incurred by Licensee, arising out of or resulting from
said breach.
4.4 No Other Warranties. THE WARRANTIES AND REPRESENTATIONS
STATED WITHIN THIS AGREEMENT ARE EXCLUSIVE, AND IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
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Journal Technologies, Inc. - 2014 - 6 -
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
5. LIMITATIONS ON LIABILITY
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANTICIPATED PROFITS IN
CONNECTION WITH OR ARISING OUT OF THE SUBJECT MATTER OF THIS
AGREEMENT. FURTHERMORE, IN NO EVENT SHALL EITHER PARTY BE LIABLE
TO THE OTHER FOR ANY AMOUNT IN EXCESS OF THE AMOUNT OF LICENSE
AND MAINTENANCE FEES DUE AND PAYABLE OR ALREADY RECEIVED BY
LICENSOR UNDER THIS AGREEMENT.
6. CONFIDENTIALITY
6.1 Licensee’s Responsibilities. Licensee hereby agrees that (a) the Licensed
Software and other materials received from Licensor under this Agreement are the
confidential and proprietary information of Licensor, (b) Licensee shall take all
necessary steps to protect and ensure the confidentiality of the Licensed Software and
other materials, and (c) except as permitted by the terms of Section 2.1 (“Grant of
License”), neither the Licensed Software nor any of the other materials shall be in any
way disclosed by Licensee to any third party, in whole or in part, without the prior
written consent of Licensor, which may be granted or withheld in its sole discretion. If
Licensee becomes aware of the unauthorized possession of the Licensed Software or any
of the other materials, it shall promptly notify Licensor. Licensee shall also assist
Licensor with preventing the recurrence of such unauthorized possession and with any
litigation against the third parties deemed necessary by Licensor to protect its
proprietary rights.
6.2 Licensor’s Responsibilities. Licensor hereby agrees that (a) any
information related to the official business of Licensee that Licensor obtains from
Licensee in the course of the performance of this Agreement is the confidential and
proprietary information of Licensee, (b) Licensor shall take all necessary steps to protect
and ensure the confidentiality of such information, and (c) such information shall not be
in any way disclosed by Licensor to any third party, in whole or in part, without the prior
written consent of Licensee, which may be granted or withheld in its sole discretion. If
Licensor becomes aware of the unauthorized possession of such information, it shall
promptly notify Licensee. Licensor shall also assist Licensee with preventing the
recurrence of such unauthorized possession and with any litigation against the third
parties deemed necessary by Licensee to protect its proprietary rights.
6.3 Confidentiality Breach. In the event a party breaches any of its obligations
under this Section 6 (“Confidentiality”), the breaching party shall indemnify, defend and
hold harmless the non-breaching party from and against any and all losses, liabilities,
damages, causes of action, claims, demands, and expenses (including reasonable legal
fees and expenses) incurred by the non-breaching party arising out of such breach. In
addition, the non-breaching party will be entitled to obtain injunctive relief against the
breaching party.
6.4 Exclusions. The provisions of this Section 6 (“Confidentiality”) shall not
apply to any information (a) that is in the public domain prior to the disclosure or that
that becomes part of the public domain other than by way of a breach of this Agreement,
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(b) that was in the lawful possession of the Licensor or Licensee, as the case may be,
prior to the disclosure without a confidentiality obligation to any person, (c) that was
disclosed to the Licensor or Licensee, as the case may be, by a third party who was in
lawful possession of the information without a confidentiality obligation to any person,
(d) that was independently developed by Licensor or Licensee, as the case may be,
outside the scope of this Agreement or (v) that Licensor or Licensee, as the case may be,
is required to disclose by law or legal process.
7. TERM AND TERMINATION
7.1 Term. The term of this Agreement shall expire at the end of the License
Term or, if earlier, upon termination of this Agreement in accordance with the terms of
this Section 7 (“Term and Termination”).
7.2 Termination by Licensor.
7.2.1 Payment Default. Licensor shall have the right to terminate the
license granted in Section 2.2 (“License Term and License and Maintenance Fees”), and
this Agreement (but reserving cumulatively all other rights and remedies under this
Agreement, in law and/or in equity), for any failure of Licensee to make payments of
moneys due when the same are due, and such failure continues for a period of thirty (30)
days after written notice thereof by Licensor to Licensee.
7.2.2 Other Licensee Defaults. Licensor may terminate the license
granted in Section 2.2 (“License Term and License and Maintenance Fees”), and this
Agreement (but reserving cumulatively all other rights and remedies under this
Agreement, in law and/or in equity), for any other material breach by Licensee which
breach continues for a period of thirty (30) days after written notice thereof by Licensor
to Licensee.
7.3 Termination by Licensee. Licensee shall have the right to terminate this
Agreement (reserving cumulatively all other rights and remedies under this Agreement,
in law and/or in equity) without further obligation or liability to Licensor (except as
specified herein) if Licensor commits any material violation or breach of this Agreement
and fails to remedy such breach within thirty (30) days after written notice by Licensee
to Licensor of such breach. Licensee shall have the right to terminate this Agreement
effective immediately and without prior notice if Licensor goes into liquidation or
bankruptcy, or if Licensor permanently discontinues Maintenance and Support for the
Licensed Software.
7.4 Actions Upon and Following Termination. Termination of this Agreement
shall not affect any rights and/or obligations of the parties which arose prior to any such
termination and such rights and/or obligations shall survive any such termination.
Licensee must cease use of the Licensed Software immediately upon termination, and
must remove and return the Licensed Software and all other products and information
received by Licensee from Licensor within thirty (30) days after termination. If not
removed and returned within such thirty (30) day period, Licensee hereby grants
Licensor the right to remove the Licensed Software. In addition, the confidentiality
obligations of the parties in Section 6 (“Confidentiality”) shall survive the termination of
this Agreement.
8. GENERAL
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8.1 Waiver, Amendment or Modification. The waiver, amendment or
modification of any provision of this Agreement or any right, power or remedy
hereunder shall not be effective unless made in writing and signed by both parties. No
failure or delay by either party in exercising any right, power or remedy with respect to
any of its rights hereunder shall operate as a waiver thereof.
8.2 Notice. All notices under this Agreement shall be in writing and shall be
deemed to have been duly given if delivered in person, by commercial overnight courier
or by registered or certified mail, postage prepaid, return receipt requested, and
addressed as follows:
To Licensor: Journal Technologies, Inc.
843 South 100 West
Logan, Utah 84321
Attention: President
Phone: 877-587-8927
and
Munger, Tolles & Olson LLP
355 South Grand Avenue, 36th Floor
Los Angeles, CA 90071
Attention: Brett Rodda
Phone: 213-683-9161
To Licensee: Name
Address
Address
Attention:
Phone:
8.3 No Third Party Beneficiaries. This Agreement is not intended to create
any right in or for the public, or any member of the public, any subcontractor, supplier or
any other third party, or to authorize anyone not a party to this Agreement to maintain a
suit to enforce or take advantage of its terms.
8.4 Successors and Assigns. Neither party may assign this Agreement in
whole or part without the prior written consent of the other party. Any attempt to assign
this Agreement without the prior written consent of the other party is void and without
legal effect, and such an attempt constitutes grounds for termination by the other party.
Subject to the foregoing, all of the terms, conditions, covenants, and agreements
contained herein shall inure to the benefit of, and be binding upon, any successor and
any permitted assignees of the respective parties hereto. It is further understood and
agreed that consent by either party to such assignment in one instance shall not
constitute consent by the party to any other assignment. A transfer of corporate control,
merger, sale of substantially all of a party’s assets and the like, even though including
this Agreement as an assigned asset or contract, shall not be considered an assignment
for these purposes.
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8.5 Dispute Resolution. Any dispute arising under or related to this
Agreement shall be resolved exclusively as follows, with the costs of any mediation and
arbitration to be shared equally by both parties:
8.5.1 Initial Resolution by Meeting. The parties shall first attempt to
resolve amicably the dispute by meeting with each other, by telephone or in person at a
mutually convenient time and location, within thirty (30) days after written notice of a
dispute is delivered from one party to the other. Subsequent meetings may be held upon
mutual agreement of the parties.
8.5.2 Mediation. If the dispute is not resolved within sixty (60) days of
the first meeting, the parties shall submit the dispute to mediation by an organization or
company specializing in providing neutral, third-party mediators. Licensee shall be
entitled to select either (i) the location of the mediation or (ii) the organization or
company, and Licensor shall select the other. The mediation shall be conducted within
sixty (60) days of the date the dispute is submitted to mediation, unless the parties
mutually agree on a later date.
8.5.3 Arbitration. Any dispute that is not otherwise resolved by meeting
or mediation shall be exclusively resolved by arbitration between the parties in
accordance with the Comprehensive Arbitration Rules & Procedures of JAMS, with the
arbitration to be conducted in Los Angeles, California, or another location mutually
agreed by the parties. The results of such arbitration shall be binding on the parties, and
judgment may be entered in any court having jurisdiction. Notwithstanding the
foregoing, either party may seek interim injunctive relief from any court of competent
jurisdiction.
8.6 Control of Defense. All indemnification obligations under this Agreement
are conditioned upon (i) written notice by the indemnified party to the indemnifying
party within thirty (30) days of the indemnified party’s receipt of any claim for which
indemnification is sought, (ii) tender of control over the defense and settlement to the
indemnifying party and (iii) such reasonable cooperation by the indemnified party in the
defense as the indemnifying party may request; provided, however, the indemnifying
party shall not, without the prior written consent of the indemnified party, settle,
compromise or consent to the entry of any judgment with respect to any pending or
threatened claim unless the settlement, compromise or consent provides for and
includes an express, unconditional release of such claim against the indemnified party.
8.7 Governing Law. The validity, construction and performance of this
Agreement and the legal relations among the parties to this Agreement shall be governed
by and construed in accordance with the laws of the State of California without giving
effect to its conflict of law principles.
8.8 Severability. In the event any one or more of the provisions of the
Agreement shall for any reason be held to be invalid, illegal or unenforceable, the
remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal or
unenforceable provision shall be replaced by a provision, which, being valid, legal and
enforceable, comes closest to the intention of the parties underlying the invalid, illegal or
unenforceable provision.
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IN WITNESS WHEREOF, the parties have caused this instrument to be duly
executed as of the date last written below.
JOURNAL TECHNOLOGIES, INC:
By: Date: _____________
Printed Name and Title:
_____________________________________________:
By: Date: _____________
Printed Name and Title:
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EXHIBIT D
HOSTED SERVICES
Licensor Hosting. In exchange for an annual hosting fee, Licensor will provide Licensed
Software hosted services (the “Hosted Service”), which Licensee may access via an
Internet connection. Access to the Hosted Service will be secured and encrypted via
HTTPS and/or a VPN connection.
Licensor Responsibilities. Licensor’s responsibilities with respect to the Hosted Service
are as follows:
a. Provide infrastructure for the hosting of Licensee data.
b. Provide maintenance of the Hosted Service.
c. Provide hourly snapshot backups of data (daily backups are also taken and kept
for two weeks).
d. Provide copies of Licensee data upon Licensee’s request not to exceed once per
month.
e. Provide assistance that requires access to the JustWare Maintenance console.
f. Treat all information, data and files provided by Licensee as confidential,
maintaining secure access to such material only for Licensor’s support personnel
for purposes of investigating or solving a support request.
Licensee Responsibilities. Licensee’s responsibilities with respect to the Hosted Service
are as follows:
a. Pay the annual hosting fees listed in Exhibit A.
b. Ensure that all activity occurring under User accounts abides by all applicable
laws and regulations in connection with use of the Hosted Service, including
those related to data privacy, international communications and the transmission
of technical or personal data. Without limiting the foregoing, Licensee shall: (i)
notify Licensor immediately of any unauthorized use of any password or account
or any other known or suspected breach of security; (ii) report to Licensor
immediately and use reasonable efforts to stop immediately any copying or
distribution of content that is known or suspected by Licensee or Users; and (iii)
not impersonate another Licensor user or provide false identity information to
gain access to or use the Hosted Service.
c. Accept that each hosted instance allows for 100 gigabytes of filing cabinet
storage. Storage required for the database server is covered by the License and
Hosting Fees. Licensee will be notified when storage usage thresholds exceed
80%, 90%, 95%, and 100%. At 100% usage, storage will automatically be
expanded by 50 gigabytes and Licensee’s hosting fees will be adjusted accordingly
at the then current yearly rate. The current rate is listed in Exhibit A. Additional
storage may be pre-purchased at any time, however is not required.
d. Provide Licensor support personnel with accurate configuration information,
screen shots, or other files and documentation as required for a support request.
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System Period of Maintenance.
a. Weekly Maintenance Outage (Wednesday, 7:00PM to Thursday, 4:00AM MT).
The Hosted Service shall be subject to a maintenance outage each Tuesday
evening (Hosted Service downtime may include loss of network access, the
servers, and the operating system). The Hosted Service will not always be
disrupted during each weekly maintenance outage.
b. Monthly Website and Internet Services Maintenance Outage (Third Thursday of
each month 7:00PM to Friday, 4:00AM MT). Website and Internet related
services shall be subject to a maintenance outage the third Wednesday of each
month. The Hosted Service will not always be disrupted during each maintenance
outage.
c. Extended Maintenance Outage. If Licensor requires additional time for
maintenance or installation, Licensor shall provide written notification to
Licensee at least 24 hours prior to implementing an extended maintenance
outage. Licensor’s notice shall explain the nature and expected duration for the
extended maintenance outage.
EXHIBIT B
EXECUTED COPY OF ESCROW AGREEMENT
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Exhibit C
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as “County”),
members of a contractor’s board of directors must disclose any self-dealing transactions that
they are a party to while providing goods, performing services, or both for the County. A self-
dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in
which one or more of its board members has a material financial interest”
The definition above shall be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to
the County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the
transaction; and
b. The nature of the material financial interest in the Corporation’s transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
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(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5) Authorized Signature
Signature: Date:
EXHIBIT D
TOTAL CONTRACT AMOUNT WORKSHEET
Description Addl Users Addl Cost 4% Increase Journal Technologies Inc.
System Implementation 350,000$
Data Conversion 100,000
Law Enforcement Interface 45,000
Court Interface 60,000
SmartJustice Interface 20,000
Total System Cost 575,000$
Years 2-6 Includes 4% Adj
Maintenance Year 1 (Based on 280 users)242,000$
Maintenance Year 2 (Based on 285 users)5 3,380$ 9,680.00$ 255,060 *
Maintenance Year 3 (Based on 290 users)5 3,515 10,202.40 268,778 *
Maintenance Year 4 (Based on 295 users)5 3,656 10,751.10 283,185 *
Maintenance Year 5 (Based on 300 users)5 3,802 11,327.38 298,314 *
Maintenance Year 6 (Based on 305 users)5 3,954 11,932.56 314,201 *
First 6 years of Maintenance 1,661,537$
Year 1-7 Total Costs 2,236,537$
Year 1 Total Costs 817,000$
FRESNO COUNTY DISTRICT ATTORNEY
CMS REPLACMENT ESTIMATE