HomeMy WebLinkAboutC05-176 Fidlar Software ;"~:~~;:,,.~~::.;;~;^~':;'.:;';::~:;;'~';::.':;;'::::".'..'.;':.:;:.:..'M...;;~:.~;.:;.;;,;;,;;::,::;~",;;'"~.,;;;;:;;;C;:;~7:,~,-.;:;~=.;;;:-;C;;~;,;;;;:;.~;;,~~:i,~~,,';,~':.~~~:~:....~Z=H:~~~~~;-;'~~~'';;;;;''~;-=-~~~22,i~i;~~;2.~~;:=;. , 'iih",<""-",;fJ.',, ... ....... __.. ~--" -~~- ~~ ",........~.,~--;";..;'''''',.;;..:'t:;;..,''"'-,~'i':t~~_,;t:::..':';.:..!;.1;.';,~~t:\.1~,,~.~':!"~"IlW:<\)ilW';'!H'-!t:'i:t.>t~~~~ , Eagle County Colorado, iDocument XF Contract I [ .1 "- - l ~ C) \ $ t \J . . . ~ . c:c ',., ( I = I I" I - . t 1~ ,.. * I I :1 ,~ ~ f 10 lAR 1('""11 COMPUTER SYSTEM AND SOFTWARE LICENSE SALES AGREEMENT This Agreement is made this & day of f()t;;c , 2005, by and between FIOLAR SOFTWARE, (FIDLAR) and the County of Eagle, State of Colorado, a body corporate and politic. RECITALS A. FIDLAR resells computer equipment (hereinafter referred to as "hardware") manufactured by various hardware vendors (hereinafter referred to as "manufacturer") . B. FIDLAR designs, develops and licenses it own computer software programs, all of which is hereinafter referred to as "software." C. CLIENT desires to purchase from FIDLAR computer hardware and/or licensed computer software for the purpose of indexing and imaging documents electronically. TERMS OF AGREEMENT In consideration of the facts mentioned above and the mutual promises set out below, the parties agree as follows: ARTICLE I - GENERAL TERMS 1.1 COMPUTER SYSTEM: CLIENT agrees to buy from FIDLAR, and FIDLAR agrees to sell to CLIENT, the computer hardware and/or licensed program(s) described in SCHEDULE A, at the price quoted and subject to the terms of this Agreement. Article II describes the terms of this Agreement as it relates to the computer hardware, if applicable. Article III describes those terms relating to the software. 1.2 ACCEPTANCE BY CLIENT: CLIENT agrees to accept the software at the conclusion of installation and testing of the software referenced in SCHEDULE A and completion of the training period, provided the software performs the functions described in Schedule F and as described in the iDocument Training Manual bearing revision date 01/0612004, a copy of which has been provided to CLIENT. If CLIENT notifies FIDLAR of a material problem with the hardware or standard software within 60 days of installation and testing, FIDLAR shall correct such problems within 30 days; otherwise, CLIENT will be conclusively presumed to have accepted the hardware and software upon completion of installation and testing. Computer System and Software License Sales Agreement version HS 03.0 1 of 28 Eagle County Clerk &: Recorder t. '~ ~ flDlRR W'U11 1.3 DELIVERY: FIDLAR will deliver the Computer System to CLIENT at CLIENTS facility located at: Eagle County Clerk & Recorder 500 Broadway Eagle, CO 81631 - 0357 Attn: Teak Simonton ARTICLE II INTENTIONALLY OMITTED ARTICLE III - SOFTWARE LICENSE 3.1 PROPERTY RIGHTS: CLIENT agrees that all program specifications, systems, design, applications, routines, subroutines, techniques, ideas and/or formula utilized or developed or provided by FIDLAR in connection with CLIENTs implementation of the software are and shall remain the sole property of FI DLAR. 3.2 LICENSE: FIDLAR hereby grants CLIENT the rights to a nonexclusive and nontransferable license for the possession and use of all software (Licensed Software) pursuant to the Agreement described in SCHEDULE A. A. CLIENT agrees not to copy the software covered by this Agreement in any manner, except in normal backup procedures, without the express written consent of FIDLAR. B. FIDLAR agrees to mark all software operation manuals and related materials with the following: "The information herein are trade secrets and proprietary properties of FIDLAR SOFTWARE" C. The use of any portion of the software for any purpose shall be for CLIENT use only and shall remain subject to all terms and conditions of this Agreement. In the event this license is terminated, the software will be completely removed from all CLIENT systems. D. CLIENT is exclusively responsible for the supervision, management, and control of its use of the Software. Except as provided otherwise in this Agreement, CLIENT agrees: (a) To not reveal any information contained in the Software, or any part thereof, or any copies thereof, in any form, to any third party except pursuant to a court order; (b) To take all reasonable precautions to hold in confidence the desi gn and documentation of the Software; (c) To not encumber, assign, sublicense, or otherwise transfer same, by operation of law or otherwise, in whole or in part, directly or indirectly, to not exhibit, donate, barter, loan, or otherwise communicate said Software, to any other firm or person Computer System and Software License Sales Agreement version HS 03.0 2 of 28 Eagle County Clerk & Recorder .#1 ^j:f without the express written consent of FIDLAR; and (d) to take all reasonable action by instruction, agreement, or otherwise with its employees or other persons permitted access to the Software to satisfy its obligations under this Agreement with respect to use, protection and security of the Licensed Software. 3.3 PROTECTION OF LICENSE: FIDLAR and CLIENT agree to aid and assist one another in the protection of the trade secrets of the Software covered by this license. 3.4 TRANSFER: CLIENT agrees that it will not sell, give, encumber in any manner, or otherwise transfer to any other company, firm, person, corporation, or entity any of its rights in any Software, whether or not later modified by either party, developed pursuant of this Agreement, without the express written consent of FIDLAR. 3.5 WARRANTY AS TO SOFTWARE PRODUCTS: The following warranties are in lieu of all warranties, express, implied, or statutory, including but not limited to, any implied warranties of merchantability and fitness for a particular purpose and of any other warranty obligation on the part of FIOLAR. There are no warranties that extend beyond the description on the face hereof. A. FIDLAR warrants that the software is properly licensed and that FIDLAR otherwise has the right to distribute the software in accordance with this Agreement. B. FIDLAR further warrants that the media in which the software product is delivered to CLIENT is undamaged and free from mechanical defects. C. Fidlar further warrants that the software product shall operate as described in Schedule F and as described in the iDocument Training Manual bearing revision date 01/06/2004, a copy of which has been provided to CLIENT. 3.6 SOFTWARE MAINTENANCE: The annual cost, if any, and description of FIDLAR'S CountyCare() software maintenance service and support is attached as SCHEDULE B. CountyCare() software maintenance service is mandatory. 3.7 All documents recorded at the Eagle County Clerk and Recorder which are obtained during, prepared in the performance of the work or converted from existing recording systems are and shall remain the property of Eagle County. 3.8 TERM AND TERMINATION: The license granted under this agreement, with regard to the Software, may be terminated by FIDLAR, in accordance wit the terms of Section 3.8 a., below, for material failure of CLIENT to Comply with terms and conditions of this Agreement. Within thirty (30) days after CLIENT has discontinued the use of any Licensed program, or within ten (10) days after FIDLAR has terminated any license, CLIENT will certify in writing to FIDLAR that through its best efforts and to the best of its knowledge, the original and all Computer System and Software License Sales Agreement version HS 03.0 3 of 28 b- Eagle County Clerk & Recorder ~ , =M :3 ::11 ::11 copies in whole or in part of the discontinued or terminated Licensed program(s) have been destroyed, except that, upon prior written authorization ::. from FIDLAR, CLIENT may retain a copy for archive purpose only. I I a. If FIDLAR notifies CLIENT of material failure of CLIENT to comply with terms and conditions of this Agreement, then CLIENT shall have a reasonable period of time, up to a maximum of 15 days to verify if there has been a material failure by CLIENT to comply. If CLIENT determines that there has been a material failure to comply, it shall either cure the noncompliance, if such noncompliance is curable, or agree to the termination of the license. If CLIENT determines that there was no material failure to comply it shall notify FIDLAR of its determination. If CLIENT and FIDLAR disagree as to whether there was a material failure to comply with the terms of this Agreement by CLIENT they shall submit their dispute to arbitration. If the arbitrator determines that there was a material failure by CLIENT to comply with the terms of the Agreement, then the license shall be terminated and CLIENT shall comply with the provisions of Section 3.8, above. The foregoing provision shall not prevent FIDLAR from seeking equitable relief to protect its interests in any court having jurisdiction. ARTICLE IV 4.1 DEFINITIONS: The terms defined in this Section shall, for all purposes of this Agreement, have the meaning specified. A. Computer System: A combination of computer hardware and computer software organized to accomplish a set of specific functions. B. Program or Computer Program: A schedule or plan that specifies actions that mayor may not be taken, expressed in a form suitable for execution by a computer. C. Software or Computer Software: Computer programs, procedures, rules and associated documentation concerned with the operation of a data processing computer system. As used in this Agreement, these terms include all software products sold or licensed by FIDLAR. l:. D. Licensed Program: Each program in computer readable form furnished by FIDLAR to CLIENT, including related supporting materials such as , instruction manuals. F2 E. Designated Equipment: Computer Equipment designated by a ~ manufacturer's Sales Order Serial Number. I F. Use: The copying or duplication of any portion of any Licensed Program 13 I using any Licensed Program in the course of the operation of any 13 computer hardware, or in support of any computer hardware program. I ,t3 bw ~ Computer System and Software License Sales Agreement version HS 03.0 4 of 28 Eagle County Clerk & Recorder ~... ~' . G. Computer Hardware: Physical equipment used in data processing, as opposed to computer programs, procedures, rules and associated documentation. H. Hardware Maintenance: Any activity, such as tests, measurements, replacements, adjustments, and repairs, intended to eliminate faults or keep computer hardware functional at a certain level. I. Data: A representation of facts, concepts, or instructions in a formalized manner suitable for communication, interpretation, or processing by humans or automatic means. 4.2 CONFIDENTIAL INFORMATION: FIDLAR and CLIENT agree that information designated in writing as proprietary by one party shall be held in confidence by the other party. Since unauthorized use or transfer of the Software or any information contained therein will diminish substantially the value to FIDLAR of the trade secrets and proprietary properties of the Software, if CLIENT breaches any of its obligations with respect to limited use or nondisclosure of the Software, or if such breach is likely to occur, FIDLAR shall be entitled to equitable relief, including orders for specific performance and injunctions. The rights and remedies of FIDLAR set forth in this Agreement are not exclusive and are in addition to any other rights or remedies provided by law or this Agreement, but are subject to the requirements imposed upon CLIENT by virtue of any and all public disclosure laws. 4.3 EXCLUSIVE REMEDY: CLIENTs exclusive remedy against FIDLAR for any breach of warranty under this Agreement is limited to repair, replacement or refund with respect to the item in question, at FIDLAR's option and subject to applicable law. CLIENT will only be entitled to total damages, including direct, incidental and consequential damages that CLIENT actually incurs in reasonable reliance, up to an amount not to exceed one and one-half times the price that CLIENT has paid FIDLAR for the Licensed Software. CLIENT will not be entitled to any damages in excess of one and one-half times the price that CLIENT has paid FIDLAR for the Licensed Software, regardless of whether the damages are incidental, consequential or other damages, including but not limited to damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy for failure to meet any duty including of good faith or of reasonable care, for negligence or negligent misrepresentation, and for any other pecuniary or other loss whatsoever, even in the event of the fault of FIDlAR :::I (or any supplier), of tort (including negligence), strict or product liability, breach of contract or breach of warranty, and even if FIDlAR or any :::I supplier has been advised of the possibility of such damages. These ::I limitations and exclusions regarding damages will apply even if any remedy fails. :lI a. If CLIENT notifies FIDLAR of a problem that CLIENT believes is an error, bug or :I defect in the Licensed Software, then FIDLAR shall have a reasonable period of Computer System and Software License Sales Agreement version HS 03.0 5 of 28 :I Eagle County Clerk & Recorder :I ~ . <0' time, up to a maximum of 45 days to verify if the problem is in fact an error, bug or defect in the Licensed Software. If FIDLAR determines that the problem is an error, bug or defect in the Licensed Software it shall proceed to repair, replace or refund with respect to the item in question, at FIDLAR's option. If FIDLAR determines that the problem is not an error, bug or defect in the Licensed Software it shall notify CLIENT of its determination. If CLIENT and FIDLAR disagree as to whether the problem is an error, bug or defect in the Licensed Software, or if they disagree as to the amount of damage suffered by CLIENT as a result of an error, bug or defect, they shall submit their dispute to arbitration. If the arbitrator determines that the problem is an error, bug or defect in the Licensed Software and FIDLAR has not repaired or replaced at that time, then CLIENT may elect to claim damages, subject to the limitations set forth in Section 4.3, above. 4.4 WAIVER: Any waiver by either party of any provision of this Agreement shall not imply a subsequent waiver of that, or any other provision. =- :I :I Computer System and Software License Sales Agreement version HS 03.0 6 of 28 Eagle County Clerk & Recorder ::::I ~ # .. ::I :I pi 4.5 NOTICES: Any notices or demands required to be given herein shall be given to the parties in writing, and by mailing to the address hereinafter set forth, or to such other addresses as the parties may hereinafter substitute by written notice given in the manner prescribed in this Section. a. Notice to FIDLAR: Fidlar Software 4450 48th Ave. Ct. Rock Island, IL 61201-6248 Attn: Ernest Riggen, Vice President b. Notice to CLIENT: Eagle County Clerk & Recorder 500 Broadway Eagle, CO 81631 - 0357 4.6 ENTIRE AGREEMENT: It is expressly agreed that this Agreement, the Schedules hereto, and the iDocument Training Manual referred to herein, embody the entire contractual agreement and that there is no other oral or written agreement or understanding between the parties at the time of the execution hereunder. Further, this Agreement cannot be modified except by written agreement of all parties hereto. 4.7 GOVERNING LAW: The parties agree that this Agreement shall be governed by the laws of the State of Colorado. The parties agree that venue in any action to enforce or interpret this Agreement shall be proper in any state or federal court in which venue is proper for any matter arising in Eagle County, Colorado. 4.8 BINDING EFFECT: This Agreement shall ensure to the benefit of and bind the parties hereto, their successors and assigns. 4.9 AUTHORITY: FIDLAR and CLIENT each hereby warrant and represent that their respective signatures set forth below have been and are on the date of this Agreement duly authorized by all necessary and appropriate corporate and! or governmental action to execute this Agreement. 4.10 SECTION HEADINGS: All section headings contained herein are for convenience or reference only and are not intended to define or limit the scope of any provision of this Agreement. 4.11 DEFERRED PAYMENT: To tAg extent that this p.greeffient includes deferred payme'lts, slIch payment!; will include aA imputed interest factor based on a ~. curreAt market rat@. Def@rred Piym@nts are defined as payments, whi<:.h extend beyond completion of the project installation ind accprt~nre. _ Deferred payments are exempt from interest I mder the Installment PaYfficRt- Agreenlent attached hereto and made a part hereof, except as ffi'ay ~ provided rol late ch::lrges as described in Section I of the Installment Pay,"eht-- Agt eel1lel1t:-- Computer System and Software License Sales Agreement version HS 03.0 7 of 28 Eagle County Clerk & Recorder I ~ . I I I I I COUNTY OF EAGLE, STATE OF COLORADO FI DLAR SOFTWARE Dat~O(Or By d ugh its Board of County Commissioners I By: , By: tZto- . ATTEST: Name: eflA)r:J:n jLl6~trJ . ::~~~a~i Title: 'PaL-? . Teak Simonton, Clerk to the Board of . . County Commissioners . I . . . . . :II . . . . . :I :II :I :II :II :I Computer System and Software License Sales Agreement version HS 03.0 8 of 28 ::I Eagle County Clerk & Recorder .... ~ . ~ f 10 lRH If'".nl SCHEDULE A Payment Amount and Schedule Fidlar Software Products & Services iDocument XF Life Cycle Pmt $26,850 I nsta Ilation/Configu ration $11,500 Workflow Analysis $2,600 Project Management $6,400 Data Conversion $17,000 Training $13,500 CountyCare@ Included $6,500.00 PAYMENT MILESTONES AND DATES: 3rd Party Software $6,500.00 - Fidlar Magnetic Image Management Software - Due upon Contract Signing Services $51,700.00 - 50% to be invoiced upon contract signing. Remaining 50% to be invoiced upon conversion acceptance. $2,300,00 - for data cleanup, and additional reports. This amount will not be invoiced unless these services are required. Project Manager will alert and get the approval of the Clerk & Recorder prior to performing services that would be associated with this money. Lifecycle Payment (LCP) $26,850.00 - To be Dee. 1, 2005. NOTE: Annual LCP for folloMng years 2-5 Mil be invoiced on anniversary date of contract. FIDLAR SOFTWARE LIFE CYCLE SERVICE INCLUDES: . The use of our iDocument XF software product during the life of this contract . The use of any future software product Fidlar may develop to replace iDocument XF for the purpose of recording land records documents. . Project management, installation, conversion (excluding any needed or requested data clean-up), and training needed for the initial installation of any future Fidlar Software Computer System and Software License Sales Agreement version HS 03.0 9 of 28 Eagle County Clerk & Recorder =- - . product developed to replace iDocument XF for the purpose of recording land records documents. . The use of new add-on modules Fidlar may develop and offer to the market for the purpose of recording land records documents. . CountyCare(O software maintenance, as described in Schedule B FIDLAR SOFTWARE LIFE CYCLE SERVICE DOES NOT INCLUDE: . The 3rd party software and hardware to operate iDocument XF . The installation and support of 3rd party software and hardware - other than those products listed in Schedule E . Any future 3rd party software and hardware required to operate Fidlar software Taxes Charges are exclusive of all federal, municipal, or other government excise, sales, use, occupational, or like taxes now in force or enacted in the future with the exception of taxes on net income and, therefore, are subject to an increase equal in amount to any tax Fidlar may be required to pay upon the license, sale or delivery of the product purchased. Note: Prices quoted herein are guaranteed for thirty (30) days. After that time, prices may change without notice. BUYER REPRESENTS THAT SCHEDULE A HAS BEEN READ: EAGLE COUNTY CLERK & RECORDER FIDLAR SOFTWARE Da~3IJ()5 Da:JJJo/~s By: ~,~ By: f4r Name:'1LaK. 0. -5/~rJ Name: ~E:JYl aLl bt>eV Title: ~~~ Title:J (2~ =- =- Computer System and Software License Sales Agreement version HS 03.0 10 of 28 =- Eagle County Clerk & Recorder =- - Eagle County Colorado Clerk & Recorder SCHEDULE B CountyCare@ Software Maintenance Services CountyCare<C Annual Cost: The annual cost of CountyCare<C is included in this contract as part of the Life Cycle Pricing Service. Description of CountvCareCl CountyCareiC is a mandatory software support service which is required upon installation of the software purchased. Under the terms and conditions of this Agreement, CountyCare<O includes: . Software Maintenance to the currently licensed Fidlar developed Software Products. . Furnish telephone support relative to the currently licensed Fidlar developed Software Products either in their original or maintained form. Telephone response to service calls shall be made within 2 hours from the time the service call was received, provided the service call was made during normal business hours. . Provide legislative updates to the Fidlar developed Software Products as required by the State, except those updates that require fundamental modifications to the core design of the product. . Provide product enhancements on an ongoing basis, frequency based on the age of the product and market requirements. Provide County with software / bug fixes Specifically excluded from software maintenance coverage are the following: . Enhancements or modifications to software programs at user's request; such work would be considered a billable extra. . Support to new or existing Fidlar Software Products not covered by this contract. . Operating System versions or their support or installation. . Database Management System versions or their support or installation. . . Diagnosis or correction of problems caused by hardware, data media, or 3rd party =- software or other systems not covered by this Agreement. . Diagnosis or correction of problems caused by some naturally occurring event such as =- storm, flood, etc. . Conversion costs for changes to database structure, if needed. =- Effective Date =- =- Software maintenance coverage is effective from date of contract signing through the term of contract. =- 11 :I Software Request for Proposal Page . ~ . Eagle County Colorado Clerk & Recorder Basic Materials Software Maintenance to the Software Products licenses granted under this Agreement will govern any basic materials, in machine readable or printed form, provided to the Client by Fidlar. The Client is granted the right to locally reproduce additional copies of printed licensed material exclusively for his own use. All licensed material so locally reproduced shall be considered to be the same as the originally delivered material for all purposes under this Agreement. Protection and Security The Client agrees to not disclose the content of the Software Products materials to any person except those who need to know for purposes of operating the system for the Client. The Client further agrees to protect the secrecy of the content of the Software Products materials by using procedures at least as stringent as those used to protect his own proprietary or confidential information and materials. The Client specifically acknowledges that he has no right of ownership of the Software Products, and that he possesses the license to use said Software Products according to the provisions of this Agreement. On-site Support If on-site Software Maintenance to the Software Products is required, the Client will be charged for the time and materials at the then current rate. Unless caused by the fault of Fidlar, in which case Fidlar shall pay the costs of the onsite software maintenance. BUYER REPRESENTS THAT SCHEDULE B HAS BEEN READ: County of Eagle, State of Colorado By and Through its Board of County Commissioners FIOLAR SOFTWARE Dated: 5" . ~I . ".... Datedg !or IBy:m By: ~ t Name Am.. c~>ni, ChaiJman Title: Clbtf R ttt 11-11/ 12 Software Request for Proposal Page I =- ~ " e ~ Eagle County Colorado Clerk & Recorder SCHEDULE C Hardware Maintenance Services Provided by Fidlar Software NOTE: SCHEDULE 'C' NOT APPLICABLE - THERE IS NO HARDWARE INCLUDED IN THIS CONTRACT EAGLE COUNTY CLERK 8: RECORDER FI DLAR SOFTWARE Dated: ~/~//D-:) Dated;[t/ o~ BY:~~~'~ By: ~ Name:~g;rl< J. ~1~Il-fof) Name: t::Ell^J~ fLI~ Title: ~<:::.l- ~ Title: flM.J 13 Software Request for Proposal Page r:. - . Eagle County Colorado Clerk & Recorder SCHEDULE D LaredolT apestry Laredo Description: Fidlar Software's Laredo software is designed to allow remote access to Client's recorded document information by professional searchers, Le. title companies, banks, realtors, etc. It is subscription only access and user subscriptions are granted and setup by the Client. Laredo Payment and Pricing: It is the responsibilities of the county to determine pricing (if any) to remote users, invoice, and collect fees from Laredo users. Fidlar will invoice Client for each Laredo user 10 subscription monthly. Monthly invoices will reflect the monthly subscription and any applicable overage used in the previous month based on the following schedule: Laredo per-minute plan charges Plan Fidlar charge to county 0-250 minutes $40/mo and .10 per minute overage 251-500 minutes $55/mo and .075 per minute overage 501-1000 minutes $75/mo and .06 per minute overage 1001-2000 minutes $83/mo and .05 per minute overage 2001 and up $95/mo ** Per minute charge for each minute over the signed-up plan. The county can implement alternative online dissemination programs or methods, other than Laredo/Tapestry. In the event that one of these products are being utilized, it is required that Laredo/Tapestry is not excluded from the product offering. Also, if the third party program utilizes Fidlar subsystems to provide easier implementation or access to the data or images, Fidlar will alter the Tapestry revenue share agreement as listed under "Tapestry" in this agreement from 50%-50% to 75%- 25% in favor of Fidlar for use of these subsystems. This alteration can be cancelled whenever the alternative solution is no longer needed, or Fidlar subsystems are no longer needed. =- ::I There is NO CHANGE in the Tapestry revenue share agreement should the alternative :::I solution retrieve data and/or images DIRECTLY from the repositories. However, Fidlar constantly improves and makes changes to our software solution. Fidlar is not liable =- 14 Software Request for Proposal Page :I ::I e . Eagle County Colorado Clerk & Recorder for changes in the Fidlar system, subsystems and/or data storage mechanisms that may require subsequent changes in the alternative solutions. A unique user ID and password defines each Laredo user. This user ID can be used to access land records data from any properly configured workstation, however, multiple users cannot login with the same user ID at the same time. New users joining during a monthly period will be billed for the prorated portion of the month to which they signed. The prorated amount will be based on calendar days, not business days. The day to which a user joins will become the first day of the prorated month. Users may terminate their agreement at the end of any month (it is Client's responsibility to terminate their user ID to avoid further billing). Users can change their desired billing plan at any time BUT it will not take effect until the next calendar quarter (January, April, July, October) Changes to user's plans must be communicated to Fidlar before the end of each calendar quarter in order for it to take effect. Client is responsible for the costs, provisions, security and maintenance of the required Internet connection for the Laredo/Tapestry system. Note: Prices Quoted herein are guaranteed for thirty (30) days. After that time. prices may change without notice. TAPESTRY INTERNET SEARCH MODULE - NOT APPLCABLE TO THIS CONTRACT BUYER REPRESENTS THAT SCHEDULE D HAS BEEN READ: EAGLE COUNTY CLERK & RECORDER FI DLAR SOFTWARE Dated: ~( ~ I / D~ Dated: BY:l~). ~ By: Name~K J: -5~fnlm-hJ1 Name: fU 6tioV Title: C .f!etIc-C/ ~ Title: flliJj 15 :::II Software Request for Proposal Page =- - - Eagle County Colorado Clerk & Recorder SCHEDULE E Agreement as to Hardware, Software, and Services The following is a complete listing of all 3rd party hardware, software, and services associated with this agreement: 3rd Party Software $6,000.00 - Fidlar Software Magnetic Image Management Software $ 500.00 - ScanSoft OCR Data Conversion Cost for data conversion does not include any additional fees your current vendor may charge. Please note: Fidlar requires data to be supplied to us in flat ASCII format. If data is not supplied in requested format, additional charges may apply. Image Conversion Cost for image conversion does not include any additional fees your current vendor may charge. Please Note: Conversion costs assume images have been supplied to Fidlar conversion personnel as indivual group IV TIFF images. Included in data must be an index complete with document and page numbers. If data is not supplied in requested format, additional charges may apply. Hardware Recommendatons -THIS INFORMATION IS FOR REFERENCE PURPOSES ONLY THESE ITMES ARE NOT INCLUDED IN THIS CONTRACT Database \ Security Server \ Lrin \ Lrout * Compaq Protiant ML370T-G2 P3 1.13GHz OGB/CD/256-MB - * Compaq PS510 15" 0 Color Monitor * 2 - Compaq 1GB REG SDRAM DIMM 133MHz (2GB total) * 3 - 36.2GB b Hot Plug Wide Ultra3 SCSI10K Hard Drive * RAID 5 - Compaq Smart Array 431 Controller :II * MIS Windows 2000 Server STD wlappropriate # of licenses * Compaq 20\40 GB DA T Drive Internal =- * Compaq 20\40 GB DDS4 DAT Media (10-Pack) ::JI * Arcserve 2000INT WG ED Single Server =- * SQL Server 2000(for Database Engine) - appropriate # of licenses ::II 16 =- Software Request for Proposal Page 31 " e Eagle County Colorado Clerk & Recorder * APC BP1000 Backups Pro (1000 volt 6 outlets) (optional) ImaQe \ Gateway \ Report Server * Compaq Proliant ML370T-G2 P3 1.13GHz OGB/CD/256-MB - * Compaq PS510 15" 0 Color Monitor * 2 - Compaq 1GB REG SDRAM DIMM 133MHz (2 GB total) * 5 - 36 GB Hot Plug Wide Ultra3 SCSI 10K Hard Drive * RAID 5 - Compaq Smart Array 431 Controller * MIS Windows 2000 Server STD wi appropriate # of licenses * Compaq 20\40 GB DA T Drive Internal * Compaq 20\40 GB DDS4 DAT Media (10-Paek) * Crystal Reports 8.5 (1 copy for Report Engine) * Areserve 2000INT WG ED Single Server * Fidlar Magnetic Image Management Software * 1 - Adaptec AHA-2940 SCSI Controller Board * APC BP1000 Backups Pro (1000 volt 6 outlets) (optional) * APC Powerchute Plus FINT (optional wi above) NOTE - Optical Storage ;s an optional solution. OCR Server (recommended) * Compaq Proliant ML330T-G2 P3 1.13GHz OGB/CD/256-MB - * Compaq PS510 15" 0 Color Monitor * 1 - Compaq 512MB REG SDRAM DIMM 133MHz * MIS Windows 2000 Server * Scansoft - Plus OCR Tech Paek IndexinQ Station * Compaq EVO D500 P4/1.7GHz 20GB/CDSN/256 W MB/WIN NT 12000 * Compaq S920 19" ., Color Monitor 1600x1200 Resolution ::II 17 Software Request for Proposal Page :II =- II 0 Eagle County Colorado Clerk & Recorder Receipt Station * Compaq EVO D500 P4/1.7GHz 20GB/CDSN/256 W MB/WIN NT 12000 * Compaq S920 19" " Color Monitor 1600x1200 Resolution * Receipt Printer - will be dependent upon Reeording requirements * M-$ Cash Drawer - (Optional) Scan Station * Compaq EVO D500 P4/1. 7GHz 20GB/CDSN/256 W MBIWIN NT 12000 * Compaq S920 19"', Color Monitor 1600x1200 Resolution * Fujitsu 4097 SCSI Duplex Seanner * Kofax Adrenaline 650i SCSI Imaging Board * Kofax SCSI Scanner Cable Public Station * Compaq EVO D500 P4/1.7GHz 20GB/CDSN/256 W MBIWIN NT 12000 * Compaq S910 19"', Color Monitor 1600x1200 Resolution The specifications above are for reference purposes only. In most cases, it is possible to utilize much of the existing hardware located in a Recorder's Office. It was not possible to review the current server and image storage configuration, but I would be happy to review these with the assistance of your IT staff. General Requirements of iDocument XF include: -1200x1600 resolution - to enable indexing from the image -Kofax Adrenaline drivers\card at the scan station -Separate servers (2) for the SQL\Crystal\lmaging Database -Receipt printer will be dependent upon Recording requirements - typically iDocument XF utilizes either Ithaca or Epson receipt printers. A label printer for the first page of the document may be required. 18 Software Request for Proposal Page ~ ffJ e . Eagle County Colorado =- Clerk & Recorder =- i Note: Prices quoted herein are guaranteed for thirty (30) days. After that time, prices may change without notice. BUYER REPRESENTS THAT SCHEDULE E HAS BEEN READ: EAGLE COUNTY CLERK & RECORDER FIDLAR SOFTWARE Dated: 51??! /o~ Dated~/ os , I Byi~...:-~ By: (~ Name: ~f( J. L5; f1l,bttfo" Name: ~t!Yr (2.{66(J\) Title: ~C:t-- ~ Title: fJee3 19 Software Request for Proposal Page " e Eagle County Colorado Clerk & Recorder SCHEDULE F Partial Description of ReQuired Criteria for Proposed Software Please Respond to Criteria Below by Placing a (Y) or (N) to the Left of Each Number (Y) = System is capable of the desired requirement. (N) = System is not capable of the desired requirement. RECEIPTING SYSTEM 1. Receive, validate and receipt mail, hand or electronically delivered documents. Y 2. Maintain order of arrival. Y 3. Record the operator ID for each transaction. Y 4. Provide an automatic user defined fee calculation based on percentage, flat amount, number of pages, page increment or number of parties on the document. Y 5. Provide an automatic distribution of fees to user defined accounts. Y 6. Provide a pull down menus for user defined fields like document type, return address, party names, etc. with ability to update Y 7. Calculate fees, receive payment, distribute payments and prepare deposit report. Y 8. Allow for receipt printing with detailed charges for each document/group. Y 9. Allow for an unlimited number of documents on a receipt. Y 10. Allow multiple tender options per transaction (i.e. half by check, half cash, charge & check & cash Y 11. Allow various ways to accept payment, i.e. check, cash, credit card, escrow, etc. Y 12. Must have the ability to escrow accounts and keep track of the charges. Must alert the ROD office when the escrow amount is at a certain balance. Y 20 I Software Request for Proposal Page :. ::II " tit Eagle County Colorado Clerk & Recorder 13. Accept over/short payments, rejimds with specific tolerances. Y 14. Allow receipting of miscellaneous charges on the same receipt with the documents, or on a separate receipt. Y 15. The receipt printer endorses the check and prints the receipt number on it. Y 16. Allow documents to be processed at multiple workstations. Y 17. Must be able to add new document types without the aid of a programmer. Y 18. Must allow for user defined reports and have the ability to generate these without the aid of a programmer. Y 19. Generate and print daily, monthly, quarterly and year to date reports of the above-mentioned recorded receipts and transactions. Y 20. Must update the indexing software in real time so as to provide "up to the minute" inquiry of filed and recorded documents in an unverified status. Y The system subtly 8le,~ts the person ,,:iewing the doc of it's status. St8tuS' s of R Receipted, T Tendc,~ed, I Indexed, 8nd \1 Verified will show up alerting the perS6n 6f t/le d6cs st8tUS. M8ny c6unties C6nsider the document pr-oof-cd after indexing, Because ef the Inst8nt Verifictlti6n Process th8t OCR ctlptlbilities alwH'. 21. Must have an Administration Security function to allow the Recorder of Deeds the flexibility In changing user rights and overall management. Y 22. System must have the ability to auto assign the book and page reception number and print it on the document stamp '.....hich '.v ill eliminate our book and page stamp significantly increasing our efficiency ':lithin the office. y 23. Ability to change fee amounts, override fees, allow shortages, overage, refunds y 24. Ability to backdate if computers go down Y 25. Need to have document description in calculate fees screen Y 26. User friendly way to correct a receipt Y 21 Software Request for Proposal Page fJ . Eagle County Colorado Clerk & Recorder 27. Customer database needs to have ability to generate letters N iDocument XF does not have this capability 28. Generate a rejection letter with ability to query N iDocument XF does not currently have the ability to create rejection letters. This ability will be added to the next generation of land records product "xDocument" within the next 12-18 months. 29. Provide for customer login using their code to copy and charge their account Y 30. Charge for different services (fees) on monthly, weekly and daily basis y 31. Must be able to credit an account Y 32. Allow for batching of documents Y 33. Provide option to print batch labels or subsequent labeling Y 22 Software Request for Proposal Page I =- II . Eagle County Colorado Clerk & Recorder DOCUMENT RECORDINGIINDEXING SYSTEM 34. System must have the ability to read scanned documents through the use of OCR technology to assist in the indexing and verification process. Y 35. OCR module must be fully integrated into proposed system. Y 36. Provide entry verification (re-key) functions for designated fields. Indicate discrepancies between data entered during cashiering, indexing and re-key verification and permit correction. Y 37. Provide a detailed discrepancy report. Y iDocument XF has the ability to print a missing image report, a missing document number report, and an activity report which shows which user made changes to existing documents. 38. Permit assignment of batches of documents, but not require it. Y 39. Must be able to add new document types, frequent party names and plat codes without the assistance of a programmer. Y 40. Ability to free form notes and comments for each document. Y 41. The system will generate a return-mailing label. Y 42. Must allow different levels of access, i.e., view only, view & print, view & change, add, etc. Allow change or deletion of any record with proper authorization. Y 43. Must have warning pop ups before deleting a record. y 44. Notification if records have not been proofed Y The system subtly alerts the person viewing the doc of it's status. Status's of R-Receipted, T-Tendered, I-Indexed, and V-Verified will show up alerting the person of the docs status. Many counties consider the document proofed after indexing, because of the Instant Verification Process that OCR capabilities allow. 45. Must support document type, number of pages and, recorded date, document date time III hours/minutes/seconds, document number, tract, legal description, subdivision, fees, unit, lot, bldg, block, tract, section, township, 23 Software Request for Proposal Page I:. It tI Eagle County Colorado Clerk & Recorder range, legal remarks, mineral, parcel #, remarks, notes, related #'s, return address y 46. Provide interface to other County Departments to facilitate integration of work process automation beyond the Recorder of Deeds office. Y Other county offices can be granted access to iDocument XF data. Administrative personnel can configure usernames and passwords for county offices. SQL server serves as the backend database for iDocument XF. SQL server is an ODBC compliant database. If other offices within the courthouse require data from iDocument XF to be imported into their own software, Fidlar Software will provide all data maps, and software calls that the Eagle County Information Technology group would need to "link" iDocument XF to another software product. Fidlar Software can also provide this service for an additional fee. 47. Provide private vendors limited access to the system. Functions allowed would include search, view, report formats and print. System will allow for billing these vendors for the service. Y 48. Permit searches by any combination of index fields or document properties with print capability. y 49. Performs a search while indexing a document. Must allow users to leave in the middle of indexing a document, perform a search, and finally return to complete the indexing process. Y 50. Allow split screen indexing. The indexing software must allow scanned document images to be displayed entirely and the indexing process can be completed from the displayed image with keystroke zoom in and out and page advance. Y and N Page advance can be peiformed via keystrokes. Zoom in and out must be peiformed by creating a "focus box" around the area the person would like to zoom in on. 51. Changes made to a document must be stored along with the document. This provides a complete history of the activity that occurred to a given document. Y 52. Security access. Security access refers to the fact that each user is assigned the ability to access certain features of the system. For instance, one user might have the ability to index a document, but not change it. Y 24 Software Request for Proposal Page " . Eagle County Colorado Clerk & Recorder 53. Software must have the capability to accept and process Electronic Recording submissions. Once processed, software must have ability to send an E-mail back to the submitter informing them of the recording status. ERecording catcher must be non-proprietary. Must notify user when erecording is received. Must imprint recording information and have ability to move label. y The user will be notified when an eRecorded document has been accepted or rejected, not by email, but thru the eRecording module. Label configuration on an eRecorded document will be included if required. 54. Must print within one inch top margin with barcode, reception number, date, time, Clerk name, County, State, fees, pages. Y 55. Create batch labels for mailing documents y 56. Screens must clearly designate their usage Y 57. Notification to users when paper stock is running low in printers. N 58. Software must be designed to adapt to different office workflow. This feature ensures the software, not the office, can change to an existing workflow. For example, the software must be able to tender documents before or after the indexing process. Y 59. Add or remove fields dependent on our use Y iDocument XF gives supervisors the ability to turn on and off additional information within the indexing module 60. Need short cut and copy keys Y 61. Mark documents confidential Y 62. Ability to redact Y 63. Provide zip code directory that populates with city, state, zip information Y 64. Ability to define the particular grantor or grantee for each document type Y 65. Ability to copy previous index information to a current document 66. Provide for rekey verification Y 25 Software Request for Proposal Page ::. " . .. Eagle County Colorado =- Clerk & Recorder =- 67. Option to alphabetize grantor. grantee & sub name or leave in order of input N =- 68. Ability to restrict access to data that has not been proofread N =- The system subtly alerts the person viewing the doc of it's status. Status's of R-Receipted, T-Tendered, I-Indexed, and V-Verified will show up alerting the person of the docs status. Many counties consider the document proofed after indexing, because of the Instant Verification Process that OCR capabilities allow. 69. Track tasks for completion & productivity Y 70. Ability to change font size and color scheme of software Y&N Supervisors have the ability to change font size and color scheme in the public search module (Laredo), but not in iDocument XF. 7/. Ability to define allfield labels N 72. Remote viewing of activity in remote offices Y 73. Update zip code directory as needed Y 74. Need to be able to create 3 sets of numbers that we can update every January 1 in order to scan other documents. Request the ability to use an alpha numeric mix. Request the ability to use approximately 10 digits with a year designation at beginning or end of series. Y 75. Print customer statements Y IMAGING SYSTEM 76. Accommodate documents from 5" x 8" to 11 W' x 17". Y 77. Accommodate duplex scanning. Y 78. Accommodate the average and peak volumes in the Recorder of Deeds Office. Accommodate high volume of work without compromising speed and efficiency. Y 79. Allow immediate access to scanned documents. Y 80. Store and display document images at a resolution of at least 300 dpi. Y 26 Software Request for Proposal Page It " Eagle County Colorado Clerk & Recorder 81. Display and retrieve the document images and indexing data side by side. Y 82. Support zoom feature. Y 83. Display just the first page or display multiple pages of the document on one window. Y&N A single page is viewed within the search module. Viewing multiple pages is not yet supported 84. Support advancing to the next page within a document. Y 85. Support scrolling through the document in both directions. Y 86. Present documents in sizable window. N The scanning module can be minimized, and pages can be selected and deselected, but the image being viewed is not sizeable. 87. Output digital images & data for storage and archival purposes. Y 88. Ability to lighten or darken a scan Y 89. Provide the ability to delete, rotate and straighten scans Y 90. Provide a report that compares # of scans to # of pages Y 91. Compatible with large format scanners (XEROX 8830) y 92. Accept grayscale images (images that have been digitized) y However, we would need to see samples of these images to verify. 93. Must have ability to open multiple search windows N Because of the ability to move between documents and pages within the document seamlessly, there is not reason to have multiple search windows open at the same time. 94. Create reports by all searchable fields Y 95. Ability to group subdivision codes according to area and type of document to produce a sales report Y 96. Prompts with helpful hints for Junior Recording Techs Y 27 Software Request for Proposal Page =wi I ~ " . ~ Eagle County Colorado ~ Clerk & Recorder 97. On-line manual with search ability y 98. Different security levels for access y SEARCHING Completely describe flexibility of functionality of search criteria. Please refer to the manual for all of the different options allows when in the search modules INTERNETIREMOTE ACCESS The proposal should explain how a method for allowing access to the Recorder of Deeds indexes and images from remote locations could be accomplished. Features should include the ability to search for documents, view them on a remote station, and/or have images printed to a remote location. The ability to keep track of and control usage of printing and bill remote users is important. Provide for ability to work remotely iDocument Training Manual This partial description of required criteria for Proposed Software is supplemented by the iDocument Training Manual bearing revision date 01/0612004, a copy of which has been provided to CLIENT. 28 Software Request for Proposal Page