HomeMy WebLinkAboutFS 2015-09-09 COMPLETE AGENDA PACKETCity of Tukwila
Finance and Safety
Committee
O Kathy Hougardy, Chair
O Joe Duffie
O De'Sean Quinn
AGENDA
Distribution:
Recommended Action
K. Hougardy
P. McCarthy
J. Duffle
C. O'Flaherty
D. Quinn
R. Turpin
K. Kruller
L. Humphrey
D. Robertson
T. Kinlow
Mayor Haggerton
Agenda.
D. Cline
3. ANNOUNCEMENTS
WEDNESDAY, SEPTEMBER 9, 2015 — 5:30 PM
HAZELNUT CONFERENCE ROOM
(formerly known as CR #3) at east entrance of City Hall
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
A contract with CodeSmart for the Municipal Court.
Forward to 9/21 Consent
Pg.1
Trish Kiniow, Court Administrator
Agenda.
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Tuesday, September 22, 2015
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance.
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance & Safety Committee
FROM: Kimberly A. Walden, Presiding Judge
BY: LaTricia Kinlow, Court Administrator
DATE: 8/24/15
SUBJECT: CodeSmart (OCourt System)
ISSUE
As you recall from Judge Walden's state of the court address, our case filings have remained
pretty steady for the last few years, averaging about 4500 cases each year. With a clerical staff
of 5 plus a half time filing clerk and two staff in probation, we are processing an enormous
amount of paperwork each year, each month, each week and each day. With each piece of
paper that we manually fill out, there is room for human error. While we are incredibly careful
and efficient, we are dealing with people's freedoms and their rights, and liability if we make an
error. Every staff receives a great deal of training and each paper that we process goes by
more than one person, so if a mistake is made we are likely to catch it. But the more automated
we can be, the more efficient we can be, the more safeguards we can employ, the less likely we
face liability, and supports our goal of becoming a higher performing court organization
BACKGROUND
CodeSmart is a software developer who has a proven ability to interface case information
through the state court system for municipal and district courts (JIS) with other vendors and
systems to automate processes and reduce workload for staff. CodeSmart is the only vendor
who has been able to work with our state court administrative office to obtain the authorization
to access information through JIS. Through CodeSmart, we have automated our collection
payments. The collection agency we use, Alliance, has worked with CodeSmart to integrate our
case information with their collection efforts. Each week payments received by Alliance One are
automatically uploaded into our system, and the payments are directly deposited into the court's
bank account. This saves the delay associated with Alliance manually printing out payment
information, sending reports to the court, and the clerks manually entering each payment into
each case in the state system. It ensures greater accuracy, quicker processing, and less clerk
time. This is incredibly helpful, as it ensures we are meeting our reporting requirements for the
Department of Licensing. SeaTac Municipal Court and Renton Municipal Court have also used
CodeSmart for these services with great success.
CodeSmart has a track record of success with both the courts, and AOC. Renton Municipal
Court and SeaTac Municipal Court got together with CodeSmart to explore the possibility of an
electronic case scheduling and calendaring wizard, as well as an electronic forms dashboard.
Because all three courts have been looking to automate their processes to increase efficiency,
reduce liability and operational costs, they began working together to pool their resources.
Each city is dedicating money for the provision of an automated system for their court. Each
city has a separate contract agreement with CodeSmart for the provision of the automated
system. But the cities are working together to combine their efforts to make the system the
same, so that their resources go further and they are not spending money to create separate
INFORMATIONAL MEMO
Page 2
systems. We joined them in their meetings because we are interested in this project and our
goals are the same: to automate, reduce liability, reduce costs, enable clerks to do more work
with greater efficiency and accuracy. The initial discussion about automation began years ago
in relation to becoming more efficient when working with SCORE video hearings. But the great
thing about this project is that its application extends beyond just working with SCORE to each
of our daily hearings and processes.
The project is a Court Document and Case Integration System; we call it CHAD for short. The
objective of CHAD is to create a case processing system to efficiently manage court hearing
schedules, update JIS from a Hearings manager, maintain a library of court forms /templates,
manage daily court cases, auto populate case forms based on case types and JIS records,
route forms electronically to all parties for signature, export signed case forms to a storage
system, and export and update JIS case records. It is a lot to complete, but it is achievable
through the use of CodeSmart's system. Renton and SeaTac are a little ahead of us in
implementation of the project. Both courts are fully utilizing the system. Our goal here is to pool
together our resources to obtain one product that we can all use.
Currently, each court has their own forms they use. For instance, the judgment and sentence
form used in SeaTac is different from the form used in Renton, which is also different from the
one used in Tukwila. So, to pool our resources so that we are not each paying for development
of different forms, we have drafted standardized forms for each court to use. The idea is to
have one judgment and sentence form that will service each of the three courts, one order of
commitment that we all use. One time pay form that we all use, etc. etc. To consolidate,
simplify, and be efficient. We are also consolidating some of our forms to reduce the number of
forms we use.
So how does this work? Right now we use paper calendars (or dockets), we use paper forms in
triplicate (at a minimum) in court, and each party (Court, prosecutor, defense attorney,
defendant, probation, and jail) has to receive a copy of the form. The goal is that once we have
the project in place, the only forms we will need to generate in a paper format would be for the
defendant. The rest of the parties will receive the form in electronic format. The court's version
of the completed form would be sent to the electronic case file, and that would be stored in a file
folder in a secure server.* Then the next time the defendant comes to court, all of the
information previously associated with the case will be available to view in electronic format.
A number of the forms we use have been consolidated, and the idea is that when certain boxes
are checked, the non - checked boxes would disappear, so that when the final form is generated
for storage, signature, and sending, only the relevant checked boxes will appear on the final
form. This is so much better for the defendants, because the current form we use has a lot of
additional, non - pertinent information that drowns out the information they need to focus on to
comply.
The City's own Technology Services has been kept in the loop, and have also had the benefit of
input from SeaTac's IT director and Renton's IT director. The Statement of work, Master
Services Agreement, and Service Level Agreement have been reviewed by not only Technology
Services, but also the legal department, Renton's legal department, Renton's Risk Management
Department, SeaTac's legal department and again by Renton's IT director and SeaTac's IT
director, so this project has been reviewed by many! Renton's SOW is the same as SeaTac.
Renton and SeaTac are ahead of us in the project, and they are actually working out all of the
minor glitches. They are already using the case scheduling wizard and electronic forms, which
is great.
2 WA2015 Info Memos\CodeSmart.doc
INFORMATIONAL MEMO
Page 3
FINANCIAL IMPACT
The $50,000 was approved in the 2014 budget, but there was insufficient time to implement this
program in 2014 (please see the November 2014 budget amendment documentation).
RECOMMENDATION
The Council is being asked to approve this agreement, and forward this item to the September
21, 2015 Consent Agenda.
ATTACHMENTS
CodeSmart - Statement Of Work (SOW)
CodeSmart - Service Level Agreement (SLA)
CodeSmart — Master Services Agreement
WA2015 Info Memos\CodeSmart.doc
3
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CodeSmart Inc Products
Service Level Agreement
2015 Codesmart Inc.
975 Carpenter Rd NE Suite 101
Lacey, WA 98516
(360) 915 —7017
5
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Document History
Author
Chad Stoker
Version
1.0
Date
01.10.12
Comments
Created baseline Service Level Agreement
Chad Stoker
1.1
05.23.13
Modified document for City of Kirkland
Chad Stoker
1.2
08.12.13
Modified document for City of Tacoma
Chad Stoker
1.3
05.19.14
Modified for e -Doc project for Renton
041 OWC
1. Introduction ............................................................................................................................................... ............................... 2
2015 Codesmart Inc. 1
1.1. Intended Audience ....................................................................................................................... ............................... 2
2.
Roles and Responsibilities .............................................................................................................. ............................... 2
3.
Operations ................................................................................................................................................. ............................... 3
3.1. Infrastructure Team Availability ........................................................................................... ............................... 3
3.2. Hardware Availability .................................................................................................................. ............................... 3
3.3. Operational Expectations ........................................................................................................ ............................... 3
4.
Performance Indicators and Targets .......................................................................................... ..............................5
4.1. E -Docs, Hearings, and Case -File Processing .............................................................. ............................... 5
4.2. a -Docs, Hearings, and Case -File Manager Security ................................................ ............................... 7
4.3. Bug Reporting/ Tracking ............................................................................................................ ............................... 8
5.
Measuring Delivery ................................................................................................................................ ..............................8
6.
Updates and Enhancements to the Agreement .................................................................. ............................... 8
7.
Glossary of Terms ................................................................................................................................. ............................... 9
CodeSmart, Inc .................................................................................................................................................. ............................... 9
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1. Introduction
Outlined within this document is an expected level of service for the maintenance and on -going support
related to the CodeSmart Inc a -Docs and Case File Management product. Specifically, the document will
address the following:
• What the CodeSmart Inc team is promising.
• How the CodeSmart Inc team will deliver on those promises.
• Who will measure delivery, and how.
• What happens if the CodeSmart Inc team fails to deliver as promised.
• How the SLA will change over time.
An SLA sets the standards to which the a -Docs, Hearings Manager, and Case File Manager product -
support team has committed. As a result, a set of common and /or global parameters is derived to which
all organizational groups must be managed and measured. Requirements for success of the business
can now be directly translated to measurable requirements for the technical teams.
The SLA drives the definition of Key Performance Indicators (KPIs) at the service, application, system
and network level. Defining these KPIs facilitates the proper tools selection, process definitions and
skills (people, process and technology) for an organization.
1.1. Intended Audience
This document is intended to define the level of support warranted to any customer of the e -Docs,
Hearings, and Case File Manager system. The audience may be either customers, or e -Docs, Hearings,
and Case File Manager product - support team members such as a 3rd party- vendor and /or CodeSmart Inc.
2. Roles and Responsibilities
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CodeSmart Product
Installs, updates, and configures the physical e -Docs, Hearing
System Administrator(s)
Manager, and Case File Manager software for 1 or more
cities.
Ensures a -Docs, Hearing Manager, and Case File Manager -
specific security processes and best - practices are followed.
Notifies all partners of any apparent anomalies in data - transfer
or ongoing operations.
Communicates future enhancements, modifications, or outages
to all relevant parties.
Maintains data - retention policies for each Court customer.
CodeSmart Inc Network
Communicates with the physical server support team.
Support Team
Maintains network and identity - related security protocols.
Facilitates the appropriate network channels between 3rd -party
OAuth vendors and WOWRack.
Works to enforce proper deployment and maximum server up-
time.
Establishes and enforces proper application server deployment
techniques.
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WOWRack Network
The party responsible for the maintenance of a 24x7 server
Support Team
environment
Maintains an environment that is scalable enough to meet the
demands of all current & future Court customer expectations.
Data Entry operators
Responsible for correcting data -entry errors.
Provide all digital data -entry including hearing information, e-
Doc data, required e- Document case files, and /or other
relevant information.
Responsible for syncing the hearing or other data periodically
from JIS. (Until a real -time data synchronization mechanism
can be built and agreed to by AOC.)
Responsible for following system business practices to ensure
Ion -term operational needs.
Court Administrators
Responsible for accepting valid users, elevating user
permissions, and generally removing users that are no
longer part of the Court.
Responsible for collaborating with CodeSmart system
administrators to identify features, functionality, or problems
that need to be addressed.
Judges
Responsible for ensuring proper e- Document signatures and
association with relevant hearing and case-types.
3. Operations
3.1. Infrastructure Team Availability
Hours of operation will be maintained and managed in tandem by the CodeSmart Inc Network Support
Team and WOWRack. The CodeSmart Inc Network Support Team will support operations from 8 a.m. to 5
p.m. Monday through Friday with the exception of Federal and State holidays. CodeSmart Inc will maintain
minimal availability during nights and weekends.
3.2. Hardware Availability
"All components of production systems (servers, networks, and clients) shall be available from 5:00 a.m.
until 10:00 p.m., seven days a week. Availability during operational hours shall be 99% for all system
components."
This policy amounts to no more than a maximum of 87 hours of downtime during a given 12 month period.
It is expected that there may be scheduled maintenance cycles. However, historically, we perform far better
than this.
3.3. Operational Expectations
CodeSmart system availability HEAVILY depends on AOC JIS system availability and Court Customer
system availability. Without the functionality of both, CodeSmart's dash -board products including e -Docs,
hearings management, and case -file manager will not function properly.
The e -Docs, Hearings, and Case -File Manager System and Network Administrator(s) will work to ensure
the following:
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• All case information that is transmitted between CodeSmart's servers, the customer's servers, and
AOC's servers, are secured via HTTPS.
• All login passwords will be restricted to a sufficient level of complexity so as to prevent brute -force hack
attempts.
• CodeSmart will not store actual user passwords unless customer requires it.
• CodeSmart will abide by the terms of the overall agreement governing auditing and logging of customer
data interactions as specified by the Administrative Office for the Courts (AOC).
• Logs will be truncated every 1 month in order to minimize the possibility of significant data -loss during
security breech.
• Outages shall be scheduled with at least 1 week advanced notification to all customers and partners.
• All outages or un- expected problems arising as a result of the e -Docs, Hearings, and Case -File
Manager software will be assigned a dedicated response team within a 48 hour period.
• The data - retention period for e -Docs, Hearings, and Case -File Manager will not exceed 7 years.
(Customer can request less if needed.)
• CodeSmart will provide individual records data to Court Customer upon request. CodeSmart will not
retain the document data beyond 180 days.
• Regularly scheduled backups will occur every 24 -hours with hourly backups of the data within the
database.
• CodeSmart will maintain the ability to recover from a hard -drive failure or master Hyper -V host
operating system failure within a 24 -hour period.
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4. Performance Indicators and Targets
4.1. E -Docs, Hearings, and Case -File Processing
e -Docs, Hearings, and Case File Manager Overview:
The e -Docs, Hearings, and Case -File Manager system is considered a "real- time" system in that users
expect to see data in JIS after they've entered it into the system. However, there is also a regularly
scheduled [automated] process that kicks off every 24 hours, to migrate the customer's JIS data into our
queue for synchronization and error notification. There is another "near real- time" mechanism that is
initiated by user actions such as performing a case submittal action or typing in a large number of cases to
associate with a hearing.
Record Transaction Processing Issues:
In the event that transaction processing does not occur correctly, customers are notified in one of 2 ways.
(1) via email if it is a long- running transaction process. (2) via user - interface if it is a "real- time" or "near
real- time" transaction. Additionally, the e -Docs, Hearings, and CodeSmart Systems Administrator(s) will
also be notified. It is possible to include other members from various roles in these error notifications upon
request. Error emails are filtered by the Customer identifier because there could be more than one Court
organization using the same system. A configurable customer email address can be associated with each
Customer id. In this case, a "customer identifier" is the unique information that identifies customers such as
City of Tacoma, City of Fife, City of Lakewood, etc.
User Authorization and Authentication:
A username /password for the e -Docs, Hearings, and Case -File Manager can be established by registering
for the site, and then approved by a Court Administrator or CodeSmart System Administrator. Users that
are approved can then be associated with specific roles that will allow them to review perform various
functions that have been associated with their assigned "role" in the system.
Handling Dependency Changes:
In the event that CodeSmart's e -Docs, Hearings, and Case -File Manager is operating normally, but there
is:
1. an anomaly present in the JIS and /or document storage data,
2. a JIS screen has been modified and the customer has failed to notify CodeSmart,
3. a Document Storage API has been updated
CodeSmart may reach out to the customer in order to facilitate a resolution. In practice, this type of
anomaly rarely occurs. However, if it should occur, CodeSmart Inc will be able to respond within 72 hours
of notification regarding any small AOC screen changes, document storage API updates, or data
anomalies. If the modification is severe enough (for instance AOC replaces JIS with a new Case
Management System and doesn't tell anyone about it) CodeSmart may not be able to bring the system
back - online within a 72 hour period. Therefore, it is necessary for AOC and the customer to keep
CodeSmart informed of known upcoming changes and upgrades.
External Doc Storage Sync Operations (Applicable to 3rd -party externally hosted solutions only!):
For certain customers, CodeSmart will support software that is responsible for downloading external data
concerning electronic documents associated with a case(s).
Security:
3rd -party vendor data (i.e. LaserFiche, SharePoint, Sire, etc) should be made available to CodeSmart in
a secure fashion, but CodeSmart is not responsible for enforcing agreements between its own Courts
customers and their 3rd -party partner vendors. Therefore, CodeSmart will download data related to the
e -Docs, Hearings, and Case -File Manager system from Court customer 3rd -party vendors even if it is
provided to us in an inherently insecure fashion. It is the customer's responsibility to ensure that their
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3rd -party vendors are working in a secure fashion with CodeSmart. Basically, CodeSmart does not
control or have leverage over any Court customer's own vendors.
3'g -party Data Transmission:
We will notify our customers in the event that we notice odd patterns in data - transmission such as (a)
no data for unusual periods of time, (b) bad data repeatedly being transmitted, (c) too much data being
transmitted. Ultimately, if the customer wishes for CodeSmart to work collaboratively with the 3rd -party
to resolve the problem, we will do so on a case -by -case basis.
Customer Network, Document Storage Provider, orAOC System Anomalies:
There are many points of failure in the overall data pipe -line for the e -Docs, Hearings, and Case -File
Manager system. CodeSmart often plays the role of working to resolve any break -downs in the pipeline.
However, there are times when CodeSmart would have absolutely no knowledge of such a breakdown.
The following are examples that have occurred. (a) The customer has a network outage. (b) The
customer has a firewall or browser issue that is specific to their IT environment. (c) AOC has made an
upgrade to JABS which causes a problem or outage. (d) AOC has forgotten to update their SSL
certificates and the SSL certificates have expired. (e) AOC experiences a network outage. (f)
WOWRack is running back -up power and a generator fails.
Since there are many points of failure, CodeSmart's agreed -upon metrics that are defined in this SLA
document may only be applied at the point that we are the source of the problem. Outages within AOC,
the customer's own systems, and /or the customer's network provider's systems over a period of several
days do not fall within the scope of this SLA nor does CodeSmart assume responsibility for them.
Document Storage Synchronization Operations (Applicable to locally installed software only!):
In the case where the document - storage resides internal to the customer, CodeSmart will provide the
customer with a Windows executable program. The program is made up of more than 3 files. One file is
intended to be configured according to the unique requirements of the customer. This file ends with a
*.config file extension.
The Windows executable that CodeSmart provides to the customer will, generally speaking, look for files
located in a document storage solution, determine if they are relevant case - related files, transmit them over
HTTPS to CodeSmart's a -Docs servers, and then disconnect from the customer's document storage
system. For this reason, it is important that the customer not expect that the data displayed in CodeSmart's
e -Docs manager will be automatically synchronized with the customer's document - storage solution. In
order to update the case - documents when making a change to your document - management data, you will
need to "refresh" the CodeSmart a -Docs external documents list.
The executable currently depends on Microsoft .NET Framework 4.5 in order to execute and perform its
tasks. This may change in the future.
The executable transmits the customer's ticket data over port 443 which is a standard SSL port. Other than
allowing outbound traffic on port 443, and ensuring that the user - account running the executable has the
appropriate permissions to read and delete files in the configured processing path of the program, there is
no other operational requirement of the software.
Case -File Processing Executable Maintenance (Applicable to locally installed software only!):
CodeSmart may periodically update the executable supplied to any Court customer as updates and
enhancements are developed. Given that this executable is responsible for reading the appropriate
document data, and also updating it, there may be updates or enhancements required over time. The
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maintenance fee associated with any contract related to the e -Docs, Hearings, and Case -File Manager
system is partially used to ensure this component stays up -to -date with technology changes over time.
If any Court customer wishes to disable or rebuild the server that the a -Docs, Hearings, and Case -File
Manager executable is running on, they merely need to copy all of the files associated with the e -Docs,
Hearings, and Case -File Manager executable... and place them into a directory on the new server. There
is no uninstall process, re- configuration process, or other Windows artifacts in -place that need to be
addressed. If any Court customer needs a new copy of the e -Docs, Hearings, and Case -File Manager
executable, CodeSmart will provide one for them at no charge.
Ticket Processinq Bandwidth:
CodeSmart Inc does not expect to have any difficulty processing up to the maximum allowable number of
documents that our pre- screened customers are able to accommodate. (Assuming no more than 40,000
cases per year)
s the exact processing volumes and, capabilities of hardware, software, and other factors adjust overtime...
will the exact contents of this portion of the Service Level Agreement.
CodeSmart Inc will be able to provide reports within a 48 hour period of exact case - volume processing and
anomalies per customer.
4.2. a -Docs, Hearings, and Case -File Manager Security
The e -Docs, Hearings, and Case -File Manager software is managed by the WOWRack Network Support
Team.
WOWRack is responsible for the physical security, data redundancy, and other aspects of backups and
power supply necessary to maintain uptimes that meet the definition of this Service Level Agreement.
CodeSmart Inc is responsible for the SSL certificate used to secure individual customer logins via the web -
based interface as well as encryption of the ticketing data within the SQL Server storage environment.
CodeSmart Inc is also responsible for the verification of regular data - backups and redundancy that is
necessary to avoid any data loss. However, in the case of this system... any lost data may be recovered
from multiple sources outside of CodeSmart Inc's control. (Such as Washington State AOC or DES or the
customer.)
CodeSmart Inc is also responsible for verifying the secure transmission of the case data associated with
the a -Docs, Hearings, and Case -File Manager system to the customer's servers and to AOC's JIS.
Due to the diverse nature of groups responsible for supporting the e -Docs, Hearings, and Case -File
Manager processing system, it would be difficult to centralize a reporting mechanism to identify outages,
security - related issues, or other concerns over an extended period of time. CodeSmart will provide an
annual status and security report to the Court Customer, in addition to a status and security report in the
event that any changes are made to the operating environment of e -Docs, Hearings, and Case -File
Manager. The operating environment may include, but is not limited to: server changes, database
changes, security configuration modifications, third party vendor updates, AOC changes, WOWRack
changes, or other relevant modifications that may appear in the future. CodeSmart Inc would not be able
to provide information about the security and history of WOWRack, or other partner server environments.
CodeSmart MAY NOT ALWAYS BE INFORMED ABOUT AOC OR DOCUMENT STORAGE SOLUTION
CHANGES. Customer acknowledges this fact.
CodeSmart Inc will notify the Court Customer within 48 hours in the event of any known security breach or
compromise to the integrity of the data. If CodeSmart determines that a username or password of a valid
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user for Court Customer was utilized during the security breach, we will immediately deactivate the account
and change the password prior to notifying the Court Customer, in order to ensure that no further security
breaches occur.
4.3. Bug Reporting /Tracking
CodeSmart Inc is responsible for tracking all bugs /problems associated with the e -Docs, Hearings, and
Case File Manager software or general processing of e -Docs, Hearings, and Case -File Manager - related
tickets from the customer's 3rd -party ticket vendor as needed. CodeSmart Inc currently uses a system
known as "AdminiTrack" to facilitate the reporting of bugs. A username /password may be established for
any 3rd -party wishing to provide bug- reports on a 24x7 basis.
Bug reports may be generated from the AdminiTrack system upon request within a 48 -hour period.
5. Measuring Delivery
In the event that a customer understands the expectations defined in this Service Level Agreement and
experiences a lapse in the implementation of this SLA, the customer should notify their management and
communicate the specific items that need to be addressed.
6. Updates and Enhancements to the Agreement
Overtime, this Service Level Agreement should be updated to reflect new technologies or understandings
that can provide value to the organization.
Any decision to update this Service Level Agreement must be reviewed by the appropriate roles identified
in this SLA and approved by executive management staff.
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7. Glossary of Terms
AOC — Administrative Office of the Courts.
EA Group — Enterprise Architecture Group: A governing body or group within the Administrative Office of
the Courts that is responsible for the oversight and general design of Information Technology as it relates
to the agency.
Executive Management — The ISD Director or other management entity responsible for overseeing the
agency Information Services budget and project selection.
ISD — Information Services Division: A division within the Administrative Office of the Courts responsible for
the maintenance and development of Information Technology Software and Hardware.
IT — Information Technology: A term commonly used to refer to computer software and hardware related
technologies.
PMO — Project Management Office: The group responsible for the oversight and direct management of
projects within the Administrative Office of the Courts.
DES — Department of Enterprise Services: The WA State organization responsible for receiving and
distributing all e- ticketing related data packets to other partner organizations including WSTSC, AOC,
WSP, WSDOT, DOL, etc.
Document Storage — Any solution responsible for securely storing court case files. Possible vendors
include LaserFiche, SharePoint, Sire, and others.
CodeSmar°t, "'C ttS°f "OMI," -- City of ' ul,, fla
Authorized Signature
Name: Mark W. Meyer
Title: President
Date: 5/28/15
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Authorized Signature
Name:
Title:
Date:
0
City of Tukwila
Court e-Docs,, Hearings,
a'
and Case-File Manager System
22 December, 2014
Presented by:
Chad Stoker
15
Version 1.2
1
Overview
3
Schedule of Tasks
3
Statement of work
3
OBJECTIVE
3
Phase I:
4
Phase II:
4
Phase III:
5
STRATEGY
5
Phase I:
5
Phase II:
6
Phase III:
8
TECHNICAL INFORMATION FLOW
10
SUCCESS CRITERIA
13
RISKS
15
ASSUMPTIONS
17
MASTER SERVICES AGREEMENT
17
Acceptance and authorization
18
Appendix A
19
IMAGE 1 — Looking at Availability and Hearings:
19
IMAGE 2 — Scheduling a Case by Case #:
19
IMAGE 3 — Tracking Case -Load per Hearing, Judge Availability, etc.
20
IMAGE 4 — Editing repeated Hearings (by day -of -week)
20
Appendix B (Document Framework)
21
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Statement of Work
Overview
City of Tukwila
Trish Kinlow, Court Services Director
Court Document and Case Integration System
July 1, 2014
December 31, 2014
Statement of work
OBJECTIVE
Develop a case processing system to efficiently:
• Manage court hearing schedules
• Update JIS from Hearings manager
• Maintin a library of court forms /templates
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• Manage daily court cases
• Auto populate case forms based on case types /]IS records
• Route forms for edits (by Judge, Clerk, Prosecutor, Defendant) and signature
• Export signed case forms /document to customer storage system
• Export/Update JIS case records
CodeSmart Inc has developed technology to better integrate Washington State's
Courts of Limited Jurisdiction case management system, JIS, with each individual
Court's internal systems and vendors.
WORK DESCRIPTION
Phase I:
1. Work with court staff to identify fields of information in JIS (NCC, PER screens etc.)
that are required for the individual document templates identified in the Strategy
Phase I section.
2. Build database to support the data - storage requirements for each document
template.
3. Develop JIS screen - scraping to pull data from various JIS screens for storage in the
CodeSmart database.
4. Develop web - interface for specifying a case number that will pull the associated
document template data from JIS into the CodeSmart database.
5. Integrate web - interface module into the larger case - management interface
associated with a hearing event in pre- existing Hearings Wizard program
6. Create document templates in HTML format and review with Court staff.
Phase II:
1. Fill document templates with fake data and print them. Review print output to ensure
"normalcy ".
2. Create framework to merge actual data pulled from JIS into document templates.
3. Develop web - interface to edit document templates and data pulled from JIS. .
4. Develop web - interface to render merged data and document template to the user in
the form of PDF.
5. Double check functionality against the "LinkDocs" product as a bench -mark.
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Statement of Work
6. Work through some basic two -way JIS scenarios which will allow us to SAVE data to
JIS later. (i.e. Sync data between CodeSmart database and JIS)
Phase III:
1. (option 1) Implement web scripting the enables signature image stream to be
uploaded via web interface. (Could possibly be client -side elevated permissions
module if needed.)
2. (option 2) Implement scripting that enables touch - screen signature interface.
3. (option 3) Implement signature- concept checkbox with "I agree that by checking this
box... etc. etc."
4. Implement multi -user "session" that would allow users logged in to the same
"hearing" to see each other and (in a future task) "send" documents to each other
during the proceedings.
5. Implement the "send /share document to /with other hearing user" functionality.
6. Implement rules preventing users from modifying the document.
7. Implement rules allowing certain users to "sign" the document based on the
implementation of step 1, 2, or 3 from above.
8. Implement feature allowing judge and /or court clerk to "save" all of the case files
which sends them to the file- storage location of the Court.
9. Implement feature to update JIS with document data from CodeSmart database.
10. Develop a way to report any JIS- synchronization errors to users and system
administrators - thereby allowing manual synchronization in worst -case scenario.
STRATEGY
Phase I:
A key part of achieving the successful completion of this phase of work will be
thorough interviews with Court staff and key personnel. Identifying ways in which
the Court forms may be somewhat standardized will allow the team to release the
solution out to the production site faster than if each court develops unique forms
with their own data and rendering requirements.
Forms identified for Phase I work include the following based on conversations with
the Court Administrator:
1. Guilty Plea Form "Statement of Defendant on Plea of Guilty"
2. Order Appointing Council "Order Appointing Council"
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3. Pre -Trial Conference "Order On Pre -Trial Conference"
4. SOC "Stipulated Order of Continuance with Conditions"
5. Notice to Appear "Notice to Appear for Hearing"
6. Notice to Report to Probabtion "Notice to Report to Probabtion"
7. Infraction Hearing Disposition "Infraction Hearing Disposition"
8. Community Service Hours "Community Service Hours"
9. Time Pay Agreement "Time Payment Agreement"
10. Committment Order and Order of Release combined
11. DUI Judgement & Sentence "Judgement & Sentence (for DUI)"
12. Judgement & Sentence "Judgement & Sentence (generic)"
13. Interpreter Declaration "Interpreter Declaration"
14. NCO "No Contact Order"
15. Firearms Notice "Ineligibility to Possess Firearms Order"
16. Advice of Rights Form "Advice of Rights"
]IS screens identified for interactions and screen - scraping will be utilized to facilitate
real -time data updates and insertion of new information using the same technologies
and techniques already leveraged for the Court Hearing and Information
Management Program (hearing wizard). These techniques enable us to continue to
enforce the JIS system rules without re- creating the logic already implemented by
AOC. At the same time, our interface facilitates much better sharing and
synchronizing of data between the court's own document storage solution and much
of the case - specific information contained within the documents themselves.
CodeSmart will be replicating much of the functionality in the current LincDocs
solution that is in -use with many other larger Courts and Cities.
Phase II:
The next phase of the eDoc, Hearing , and Case file Manager system will vastly
expand on this foundation by synchronizing and managing additional data,
automating the creation of court documents from JIS data, "dashboard" organization
of data within the Hearing Wizard for improved efficiency, ability to "save" document
information back to ]IS and Customer's document storage solution simultaneously,
and more.
CodeSmart will be re -using a document - generator framework we've used previously
for a medical testing client. The framework was very efficient at quickly generating
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documents at the dick of link on a web-page. There was no significant delay in
waiting for the document to be generated for review. This will be critical for
document routing systems between SCORE and Tukvvi|a'sovvn facilities. (Screen-
shots of the pre-existing document framework database can be found in Appendix B,
below, and may be enhanced during this pojoct.)
�
23
�
�.
The data to pre-populate these forms will initially be pulled out of ADC's ]IS court
systems and stored in the Database schema shown above. CodeSmart will leverage
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our existing technology developed in partnership with both other courts, as well as
AOC, to deliver this automation.
CodeSmart will provide a way for Court Clerks, Judges, or other Administrative staff
to modify the data in the documents. This can be done either live during a court-
room session, or pre- hearing during case preparations.
Once the case is closed, CodeSmart will facilitate subsequent updates to the JIS
system with the information contained in the final court documents associated with
any given hearing. We will then generate a PDF /TIFF /other document format to meet
the document storage requirements that may be required by Tukwila's document
storage provider or city attorneys.
Phase III:
Incorporate e- signature into digitally generated documents. Provide tight integration
with SCORE facilities for e- signatures, defendant document routing, and Tukwila
Court routing requirements.
CodeSmart will be delivering this in concert with SCORE's cooperation and
involvement with this project overall. There is a dependency on working with
SCORE's I.T. administrators in order to facilitate this functionality. CodeSmart's
system will have the ability to facilitate electronic signatures within the courtroom at
Tukwila as well. Depending on the type of hearing, the e- Document and e- Signature
components of the system will change routing rules of various case files according to
a set of predefined rules established by the design team.
Finally, we will ensure the development of documents download process for storage,
and archiving.
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Extract signature data as; (select export format} or Reset f
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TECHNICAL INFORMATION FLOW
This diagram should help Tukwila to visualize the technical aspects of how the
Judgement and Sentence (as an example) template workflow will work behind -the-
scenes. This data -flow would repeat itself with small variations for the majority of all
of the e- Document templates that are to be created as a part of this project.
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Document Storage
Codesmart
Solution
Ser ,ers 1. User navigates to the Document Selection screen
Check if farm already, i and selects a document to generate. (i.e.1 & S)
2. ( exists in Storage
2. System retrieves the appropriate Document
Template for the user, (i.e. 1 & S)
3. User types in a Case # and system retrieves
appropriate data to pre -fill fields in the Data Capture
CodeSmart
Docurnent screen. (from AOC)
Template 4. System checks if a pre - existing AS form was
Database
already completed for this case #and is on- record.
4.a. System may warn the user if a AS document
for this Case # already exists.
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2.
CodeSmart
Case Information
Database
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Judgment and Sentence
(Court room routing) Oil
s W �MAA 1.
Judge or Clerk
)de mart "Send" to Defense
Ser ?ers And Prosecution
3. 1. Judge and /or Clerk make the appropriate
modifications to the J &S form. They then route it to
the appropriate parties in the Court -Room who are
Defense and /or also logged into the court -room web system.
Prosecution
2. System retrieves the data updated by the Judge/
Clerk and sends out a notification to other users in
the Court -Room who identify as defense or
prosecution.
3. Defense and /or Prosecution receive pop -up
Windows in their web browser with final document
for review (and signature possibly ?)
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SUCCESS CRITERIA
Project Success Criteria is defined as delivery of a web application and services
enabling specific business capabilities, as follows;
• Scheduled events in JIS can be maually sync'd by importing the data into the
Hearing Wizard.
• Scheduled events in Hearing Wizard are automatically added in JIS
• Scheduling of events within the Hearing Wizard allows creating events with
automatic inclusion of Defendant, Case Number, etc (previously manually added
data within Outlook)
• Selecting a hearing will allow you to click on a Case # and view all documents
currently associated with that Case.
• Document storage solution will be integrated into the case -file management
interface to seamlessly leverage Court's existing document storage capabilities.
• Document templates are defined and available within the Hearing Wizard system
via a drop -down menu when creating new documents.
• Document templates can be populated automatically with the data from the
various JIS screens by choosing "Insert Case # Information ".
• Pre - populated template data and manually entered data will be stored on the
server for future document template generation during a hearing.
• Customers will be able to make changes to the template with simple HTML
modifications.
• Documents can be routed between various parties during a courtroom hearing.
• Court clerks can organize and distribute documents and package them with non -
generated documents as part of a comprehensive case -file for any hearings that
are scheduled.
• Documents can be "saved" back to JIS to ensure data synchronization.
• Documents can be "saved" back to the Court's document storage solution of
choice.
Document archives can be reviewed and searched.
Documents can be electronically signed by attroneys and defendants within
SCORE.
• Documents can be electronically signed by Tukwila staff as needed.
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Project success functionality can be described as the ability to:
System
• Display and maintain an up to date schedule of all cases by day /court room
• Display open /close cases throughout the proceeding
• Maintain a Court Forms library with ability to add /edit /remove forms
• Ability to attach forms to each case
• Ability to default /attach certain forms by case type
• Ability to dynamically modify form based on form field values
• Ability to extract case metadata from JIS and populate forms
• Ability to collect signatures from an input source
• Ability to lock /unlock a file
• Maintain an audit by user and action
• Ability to convert forms into PDF /Tiff images
Ability to update JIS
• Ability to link each case to to JABS, and Laserfiche,
• Ability to purge all case data once the case is "closed"
Administration
• Add /edit / remove users
• Maintain backend /lookup tables (fees, judgments)
Clerk
• View court schedule
• Create case folder from schedule
• View forms library
• Add form(s) related to case
• Import forms related to case (from the shared location)
• Update forms
• Make forms viewable by others
Freeze /lock /unlock forms
• Convert forms to PDF /Tiff
• Close case
• Update JIS
Judge
• View court schedule
• View open cases
View /edit case forms
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• Freeze /lock /unlock forms
• Sign forms
• Close case
Prosecutor
• View court schedule
• View open cases
• View /pick from forms library
• Add /submit form(s) related to case
• View /edit case forms
• Sign forms
Public defendant /Attorney
• View court schedule
• View open case /forms
• Submit forms
• Sign forms
Defendant
• View forms made available by Clerk
• Sign forms
SCORE Defendant
• View forms made available by Clerk
• Sign forms
....... ...
Project risks are characteristics, circumstances, or features of the project
environment that may have an adverse affect on the project or the quality of its
deliverables. Known risks identified with this project have been included below. A
plan will be put into place to minimize or eliminate the impact of each risk to the
project.
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CodeSmart will postpone
synchronization work on that
particular document - template and
work closely with AOC to resolve
the issue as quickly as possible.
2) "There is no dependency
between these systems." Files
L
are downloaded by staff onto
a local file storage area.
3) Working with SCORE and
We will involve SCORE early on in
ensuring their availability
L this project utilizing our close
doesn't impede forward
existing contacts with their staff.
progress on this initiative
4) Funding cannot be provided in
CodeSmart believes that Tukwila
away to ensure proper cash- i
will be able to provide reasonable
flow during the customization
funding based on the deliverable
phase of the project.
;phases identified in this
document. If Tukwila is unable to
L do so, CodeSmart should be
notified early on so as to avoid
delivery delays for other partner
courts. Scope must be managed
according to the budget and
funding made available.
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ASSUMPTIONS
CodeSmart assumes the following;
1. Tukwila will continue to work with CodeSmart to resolve any road - blocks
associated with the product.
2. CodeSmart will be providing the document storage integration per agreements
with Tukwila.
3. CodeSmart will continue to develop as much of the solution as possible on its
own servers so that enhancements, feature upgrades, and bug fixes can be
shared with all other customers of CodeSmart.
4. Tukwila staff are comfortable creating a Microsoft LIVE identity and associating it
with their work email addresses per the instructions provided separately by
CodeSmart Inc. (contact Eve. RaginsCd)codesmartinc.com for the existing
instructions on this)
5. The number of document templates created during the first phase will vary
depending on the complexity of the features required by the Court.
6. The court agrees to pay the maintenance fees of $3,000 per year ($250 per mo)
associated with maintaining the software and data - integrity standards imposed
on CodeSmart by the Administrative Office of the Courts (AOC) and Tukwila's
own standards. This fee will cover maintenance of all CodeSmart programs
including VRV integration, Parking Funcitonality Program, the Hearing Wizard,
AllianceOne Integration and the e- Document program. These standards are
outlined in the Service Level Agreement.
MASTER SERVICES AGREEMENT
This statement of work is subject to the terms stated in the Master Services
Agreement as signed by CodeSmart on [date] and City of Tukwila on [date]. Any
other terms and conditions to the contrary are null and void.
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Acceptance and authorization
IN WITNESS WHEREOF, the parties hereto each acting with proper authority have
executed this Statement of Work, under seal.
City of Tukwila CodeSmart Inc.
Chad W. Stoker
Full name Full name
Founder & Chief Architect
e Title
nature Signature
12/22/2014
Date Date
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Appendix A
IMAGE 1 - Looking at Availability and Hearings:
IMAGE 2 - Scheduling a Case by Case #:
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IMAGE 4 - Editing repeated Hearings (by day-of-week)
V,I..,d.y r—d.,Y W.dnz,d�y Till-d.y F, id.y
$ t., M.1t.
Z'K ',V
Create Recurring Even,
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End Date
4 1 ;X,-
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Appendix B (Document Framework)
Reviewing Existing E-Forms:
F�, e C,- r ") f I � (" F) r,t c , f ,'[s
,
�111 EPA! "I"I'l
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Editing Existing or New E-Form:
.. .. . . . . ........
Renton.ifunicipal Court
1055South Grae4v Guilly Plea Farm
11a.vIlitigton 9805-
425-430-6550
Reirlon Municipal Courl vs. TEST, C-ISE, D�feiidaytt Case Numbers: 1234519 RPD CT
1, My true name is TEST CASE
2. My aue is 0
3. 1 went Thi-011--h tile
4. 1 Have Been hijbiwied and Fully Understand that:
a. I have the riplit to iepre,,entatiou by lawyei and that if I callilotaftold to pay fora lavvyer, one will
be provided at no expense to tile.
b. I ani cliai-ped with:
-eagains family ot hoivelio
In count(s) 010110. tile defendant committed the offense t another fi, Id
inember as defined in RC%V 10,99.020
Tile elements are , as set oul III the clial,.,illL, doclullelit. , as
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Cause it
Colln(
Crime Clialged
Allielided to
Dismissed
0 rdill'i lice
123-15A
I
D%N'LS 3RD DEG
NO VALID OPERLI( ENSE'
ASSAILTI-T . I _
N FO
BREACH OF PEACE
9A-,6,04 LDV
R.PD CT
-eagains family ot hoivelio
In count(s) 010110. tile defendant committed the offense t another fi, Id
inember as defined in RC%V 10,99.020
Tile elements are , as set oul III the clial,.,illL, doclullelit. , as
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ng Signatures to E -Form:
Date: 1'_'22 120 1.1
Defendant
I ha%e read and dis:nsscd ill s slaleineill with the defendant and beheere that the defendaw 1, will :relent
anti fidl3 undel'Tall"I, rite sMtelllelit.
vaw
Defandant has si tried
Name Chad %V Stoker
lt'SBA No. 2i #2 + ,E
r
llwr ccwcu ha, >iinued � `
Name
WSBA No.
Defense has, ,rake l .
The foreaoin; stateinet wzIG, sigiml by the defendant ill Opell coui t in the preselicz of the defendant's lawyer
anti the alldu itne: <t,il,lds e Tice defendant aasetied that:_. - he ol she had pleN 1011sly lead the elitile statellient
above and understood it in frill the defendant "s lawyer hecl preeical,1% read to hits or her the entire
statement abme and dial file defelldailt 1111deli tood it in full, all itnelpletel llad pleA'lf)ndy rear{ Pet Ilse
Reset
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C C � d e.. S M A R T
Master Services "
1. Effective Date and Applicability. This Master Services Agreement ( "Agreement ") is effective January 1, 2013. Each quotation and /or
CODESMART INC. statement of work ( "SOW ") together with this Master Services Agreement is an offer ( "Offer ") by CodeSmart Inc.
( "CODESMART ") to City of Tukwila. ( "CUSTOMER ") to sell to CUSTOMER the professional services performed by CODESMART and to
enter into the agreement that the offer describes.
2. Acceptance. Each Offer shall be deemed accepted upon the terms and conditions of such Offer by CUSTOMER by written
acknowledgement or by the issuance to CODESMART of a purchase order or other acceptance document. Acceptance is expressly
limited to these terms and conditions. No purported acceptance of any Offer on terms and conditions which modify, supersede,
supplement or otherwise alter these terms and conditions, whether contained in CUSTOMER's purchase order or other acceptance
document, shall be binding upon CODESMART and such terms and conditions shall be deemed rejected and replaced by these terms
and conditions unless CUSTOMER's proffered terms or conditions are accepted and physically signed in writing by CODESMART.
Notwithstanding any contrary provision in CUSTOMER's purchase order or other acceptance document, commencement of work by
CODESMART shall not constitute acceptance of CUSTOMER's terms and conditions.
3. Limited Warranty and Acceptance of Services. The Services will be performed by CODESMART in a manner consistent with good
practice in the computer services industry. All Service deliverables will be deemed accepted by CUSTOMER if not rejected in a
reasonably detailed writing within one hundred twenty (120) days of submission to CUSTOMER. In the event the Services are not in
conformance with this warranty and are rejected as specified above, CODESMART will supply commercially reasonable services to
correct or replace the work at no charge to the CUSTOMER.
4. Service Warranty Disclaimer. CODESMART MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE Services (other than the
limited and exclusive warranty provided for Services under Section 3). CODESMART DISCLAIMS ALL OTHER REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE Services, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. Intellectual Property for Services.
(a) Upon payment in full for all charges under this Agreement, CODESMART will grant CUSTOMER such rights, title, and
interest it may own to the software and documentation developed by CODESMART specifically for CUSTOMER under this
Agreement subject to the following limitation. CODESMART retains a world -wide, unlimited, perpetual and royalty free
right to (i) copy and use the software and documentation internally for any purpose; (ii) copy and distribute to third
parties software which performs a general utility function; and (iii) use for any purpose any concepts, ideas, or techniques
resulting from the development of the software and documentation by CODESMART.
(b) CODESMART grants to CUSTOMER all right, title, and interest in the software and documentation that is an enhancement
to or modification of existing software or documentation on all of the CUSTOMER's computer systems. This includes
things such as CUSTOMER's proprietary data - format and method of data transfer generally, but does not include
CODESMART's pre- existing and proprietary data - transfer technology with other 3rd - parties specifically.
(c) Any CODESMART software, equipment or consulting, programming, or management tools which may be furnished or
utilized by CODESMART in the performance of these services shall remain the property of CODESMART and shall be
immediately returned to CODESMART, upon its request or upon completion of the Services.
6. Service Work Assignments. CODESMART retains the right to assign such personnel, including subcontractors, as it deems
appropriate to the performance of Services under the Agreement.
7. CUSTOMER Coordination for Services. CUSTOMER will provide a primary point of contact and make available all technical matter,
data, information, operating supplies, and computer system(s), as reasonably required by CODESMART. CODESMART will assign a
primary contact person for the Services.
8. Price and Payment. Prices for specific services will be described in the applicable SOW, and will be exclusive of all applicable taxes,
duties, licenses, and tariffs levied upon the sale, purchase or delivery of the Services which remain the CUSTOMER's obligation.
Prices quoted are firm for thirty (30) days following the quote unless otherwise provided on the Offer. Except for COD accounts that
are due on delivery, payment is due thirty (30) days from the date of the invoice. All payments will be made in US currency. Out of
pocket expenses will be charged as incurred, if so provided in the SOW. Unless expressly provided to the contrary, items designated
by CODESMART as estimates are estimates only and are not binding commitments. CUSTOMER will pay interest in the amount of
one and one half percent (1.5%) per month, or the maximum allowed by law whichever is lower, on any outstanding balance owed.
9. Confidential Information. Written and oral information designated as confidential by either party whether before or after the
effective date of this Agreement shall be held in strict confidence and used only for purposes of this Agreement. Except as required
by law, no confidential information, shall be disclosed without the prior written consent of the party designating the information as
confidential. If either party is required to disclose any confidential information of the other party, the party so required shall notify
the other party immediately and shall cooperate in seeking a reasonable protective order. This section shall not apply to
information, which is (i) in the public domain, (ii) already known to the recipient, (iii) developed independently or (iv) received from
a third party without similar restriction and without breach of this or a similar agreement.
10. Export. CUSTOMER acknowledges that it is responsible for complying with (and agrees to comply with) all applicable export and re-
export control laws and regulations, including, without limitation, the Export Administration Regulations maintained by the United
States Department of Commerce. Specifically, CUSTOMER covenants that it shall not -- directly or indirectly -- sell, export (including
without limitation any deemed export as defined by applicable law), re- export, transfer, divert, or otherwise dispose of any Service
deliverable to any country (or national thereof) subject to antiterrorism controls, U.S. embargo, encryption technology controls, or
W:
C' , e S M A R T
to any other person, entity (or utilize any such person or entity in connection with the activities listed above), or destination
prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government
authorities as required by those laws and regulations. CUSTOMER certifies, represents and warrants that no Service shall be used for
any military or defense purpose, including, without limitation, being used to design, develop, engineer, manufacture, produce,
assemble, test, repair, maintain, modify, operate, demilitarize, destroy, process, or use military or defense articles. Notwithstanding
any provision of IT services or designs by CODESMART, CUSTOMER acknowledges that it is not relying on CODESMART for any
advice or counseling on such export control requirements. CUSTOMER agrees to indemnify, to the fullest extent permitted by law,
CODESMART from and against any fines, penalties and reasonable attorney fees that may arise as a result of CUSTOMER's breach of
this Section.
11. Limitation of Liability. IN NO EVENT WILL EITHER PARTY's LIABILITY TO THE OTHER EXCEED THE PURCHASE PRICE PAID FOR THE
SERVICE THAT IS THE BASIS FOR THE PARTICULAR CLAIM, EXCEPT FOR LIABILITY ARISING FROM THE CLAIMS OF THIRD PARTIES.
IN ANY EVENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY LOSS OF REVENUE, PROFIT, USE OF DATA, INTERRUPTION
OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR THE
SERVICES, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT,
WARRANTY, NEGLIGENCE, INFRINGEMENT OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, CONTRIBUTION, OR
OTHERWISE; BUT WILL NOT APPLY TO ANY CLAIM BASED UPON PRINCIPLES OF INDEMNITY.
12. Cancellation of Order. This Agreement may be cancelled by CUSTOMER only upon written approval of CODESMART.
13. Additional Contractual Rights for Default. If CUSTOMER defaults in performance of any obligation under this Agreement, including
the payment of any amount due, CODESMART may, at its option, suspend performance, require prepayment, or terminate its
performance and collect payment for all Services provided up to the date of termination. If CODESMART defaults in performance of
any obligation under this Agreement, the CUSTOMER may, at its option, suspend future payments and terminate the remainder of
the contract with 60 -day notice to CODESMART.
14. Attorney Fees. In any action to enforce the terms ofthis Agreement, the prevailing party shall recover all reasonable expenses
including, without limitation, reasonable attorney fees and legal expenses.
15. Publication. Nothing contained in this Agreement shall be interpreted so as to prevent CODESMART from publicizing its business
relationship with CUSTOMER or the nature of the Services performed for CUSTOMER. Should CODESMART wish to publicize its
relationship with CUSTOMER, CCODESMART will seek permission from CUSTOMER prior to publication.
16. No Solicitation. Each party agrees not to solicit for employment or to employ any employee of the other party for a period of twelve
(12) months following the conclusion of the work performed under this Agreement.
17. Indemnification. CUSTOMER agrees to defend, at its expense, and to indemnify CODESMART against any award of damages and
costs based on the claim that any materials or documentation provided by CUSTOMER to CODESMART during this engagement
infringes a U.S. patent, copyright or other intellectual property right of any third party. CODESMART agrees to defend, at its
expense, and to indemnify CUSTOMER against any award of damages and costs based on the claim that any services or deliverables
provided by CODESMART to CUSTOMER during this engagement infringes a U.S. patent, copyright or other intellectual property right
of any third party, except to the extent caused by materials or documentation provided by CUSTOMER to CODESMART.
18. Governing Law. These Terms and Conditions will be construed in accordance with the laws of the State of Washington.
19. No Waiver. The failure of either party to insist upon strict performance of any of the provisions of the Terms and Conditions will not
be deemed a waiver of any breach or default. The remedies provided to CODESMART hereunder are not a waiver of the remedies of
CODESMART under applicable law.
20. Severability. If any provision of the Agreement is unenforceable as a matter of law, all other provisions will remain in effect.
21. Excusable Delay. CODESMART will not be liable for any delay or failure of performance whatsoever due to acts of God, earthquakes,
shortage of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics or other circumstances beyond
CODESMART's control.
22. Time for Bringing Claims. Any claim by a party against the other, arising from or in connection with the Agreement or any related
purchase order, cannot be filed, made or maintained unless filed within three years after CODESMART, has provided the Services in
question.
23. Entire Agreement. These terms and conditions along with the Offer constitute the entire agreement between the parties as to the
sale Services and supersede all prior or current written or oral statements, representations, negotiations, agreements and
understandings.
- Signature page follows-
c c I d e'' S M A R T
CodeSmart, Inc.
Authorized Signature
Name: Mark W. Meyer
Title: President
Date: 7/1/15
nil
CUSTOMER - City of Tukwila
Authorized Signature
Name: Jim Haggerton
Title: Mayor
Date:
Authorized Signature
Name: Kimberly A. Walden
Title: Judge
Date: