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HomeMy WebLinkAboutContract # : C-10329 - PROMIUM LLC; - Execution Date: 10/13/2015 CITY Cabins C40329 ORIGINAL 10/13/2015 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE,ARIZONA AND PROMIUM,LLC. THIS LINKING AGREEMENT (this 'Agreement") is entered into as of this 1 3 day of Oct,69r, 20 "," between the City of Glendale, an Arizona municipal corporation (the "City"), and Promium LLC., a limited liability company with offices located in Bothell, WA ("Contractor"), collectively,the Parties." RECITALS A. On February 16, 2012, under the S.A.V.E. Cooperative Purchasing Agreement, the City of Tucson entered into a contract with Contractor to purchase the goods and services described in the Laboratory Information Management System (LIMS) Contract, Contract No. 120349-01 which is attached hereto as Exhibit A. The LIMS Contract permits its cooperative use by other governmental agencies including the City. The LIMS Contract is hereinafter referred to as the Cooperative Purchasing Agreement. B. Section 2-149 of the City's Procurement Code permits the Materials Manager to procure goods and services by participating with other governmental units in cooperative purchasing agreements when the best interests of the City would be served. C. Section 2-149 also provide that the Materials Manager may enter into such cooperative agreements without meeting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. D. The City desires to contract with Contractor for supplies or services identical, or nearly identical, to the supplies or services Contractor is providing other units of government under the Cooperative Purchasing Agreement Contractor consents to the City's utilization of the Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to enter into this Agreement to provide the supplies and services set forth in this Agreement AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and the covenants and promises contained in this Linking Agreement, the parties agree as follows: 1. Term of Agreement. This City is purchasing the supplies and/or services from Contractor pursuant to Cooperative Purchasing Agreement According to the Cooperative Purchasing Agreement award and rate sheet,which ate attached hereto as part of Exhibit B,purchases can be made by governmental entities from the date of award, which was February 16,2012,until the date the contract expires on December 31, 2017, unless the term of the Cooperative Purchasing Agreement is extended by the mutual agreement of the original contracting parties. The initial period of this Agreement therefore is the period from the Effective Date until 1 December 31, 2017. The City may give the Contractor written notice of its intent to renew no later than one (1) year before the expiration of the initial period. Thereafter, the City may similarly request annual renewals with a one (1) one month notice. 2. Scope of Work; Terms. Conditions.and Specifications. A. Contractor shall provide City the supplies and/or services identified in the Scope of Work attached hereto as Exhibit B. B. Contractor agrees to comply with all the terms, conditions and specifications of the Cooperative Purchasing Agreement. Such terms, conditions and specifications are specifically incorporated into and are an enforceable part of this Agreement. 3. Compensation. A. City shall pay Contractor compensation at the same rate and on the same schedule as the Cooperative Purchasing Agreement, unless the City and Contractor agree otherwise, as provided in Exhibit C hereto. B. The total purchase price for the supplies and/or services purchased under this Agreement shall not exceed one hundred and eighty fire thousand dollars ($185,000). 4. Cancelation.This Agreement may be canceled pursuant to A.R.S. §38-511. 5. Non-discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race, color,religion, sec,national origin,age,marital status,sexual orientation,gender identity or expression,genetic characteristics, familial status,U.S.military veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same requirements as state within this section. Contractor,and on behalf of any subcontractors,warrants compliance with this section. 6. E-verify. Contractor complies with A.R.S. §23-214 and agrees to comply with the requirements of A.R.S 641-4401. [SIGNATURES APPEAR ON FOLLOWING PAGE.] 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above. "City of Glendale" "Contractor" City of Glendale, an Arizona Promium,LLC, a limited liability company municipal corporation By: / r 444.4//. &Lye-,r By: Richard A. Bowers Name: S4 .< ccx vim. Acting City Manager Title: Ga) ES : 'A, Pamela Hanna,City Clerk (SEAL) APPROVED AS TO FORM Michael alley-, City Attorney 3 EXHIBIT A PROMIUM We speak the language of;oil ah Ai [ yS . Plll' r t Element DataSystem Laboratory Information Management System The City of Tucson Tucson Water Quality Laboratory RFP #120349 f 9. OFFER AND ACCEPTANCE OFFER TO THE CITY OF TUCSON: The Undersigned hereby offers and shall furnish the material or service in compliance with all terms, scope of work, conditions, specifications,and amendments In the Request for Proposal which Is Incorporated by reference as if fully set forth herein. For clarification of this offer,contact Promium,LLC Name: David Riese Company Name 3350 Monte Villa Parkway,Suite 220 Title: Sales Engineer Address Bothell WA 98021 Phone: 425.408-3800 City ��_ State Zip ��"—" Fax: 800.878-7158 Signature of Person Authorized to Sign Scot Cocanour E-mail: driese(aipromium.com Printed Name Chief Executive Officer Title ACCEPTANCE OF OFFER The Offer is hereby accepted.The Contractor is now bound to sell the materials or services specified in the Contract This Contract shall be referred to as Contract No. f 9 03 49 . CITY OF TUCSON,a municipal corporation r Approved as to form this day of f b ,2011!" Awarded this 27thday of February 20S. As Tucson City Attorney and not pe natty Mark Neih. C.'. P'8,A.P.P., !;'M As Director of Procul nt and not personally CONTRACT #120349.01 Laboratory Information Management System (LIMS) Table of Contents 1. Software License Agreement 2. Promium's Best and Final Offer and Clarification 3. Request for Best and Final Offer and Clarification 4. information provided during Promium's Interview/Demonstration 5. Promium's Response to RFP #120349 { I 1. Software License. Agreement SOFTWARE LICENSE AGREEMENT BY AND AMONG Promium, LLC ["COMPANY"] AND THE CITY OF TUCSON ["CITY"] EFFECTIVE AS OF February 16,2012 City of Tucson { SOPWARE LICENSE AGREEMENT THIS SOFTWARE LICENSE AGREEMENT (this "License Agreement"), is entered into as of _February 16, 2012 (the "Effective Date") by and among City of Tucson, a municipal government existing under the Laws of Arizona with its principle office located at 255 W. Alameda, Tucson, Arizona, 85701 ("CITY") and _Promium, LLC with its offices located at Bothell, WA. ( "COMPANY"). CITY and COMPANY are sometimes individually referred to as a"Party"and collectively as"Parties"throughout this License Agreement, RECITALS WHEREAS, COMPANY and/or its Affiliates own or are authorized to license certain computer software programs and related documentation and the COMPANY is in the business of licensing such software programs and providing customization, development, implementation, maintenance and other support services with respect to such software programs to end user customers;and WHEREAS, CITY has evaluated the software products described in Attachment A to the License Agreement ("Products") and desires to obtain from COMPANY, and COMPANY has reviewed the City's needs and represents and warrants that its Products meet these needs and COMPANY is willing to grant to CITY,a license to use the Products. NOW, THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties hereto agree as follows: 1. DEFINITIONS 1.1 The following capitalized terms shall have the meaning set forth below for all purposes of this License Agreement: "Affiliate" means, at any time, and with respect to any Person, any other Person that at such time directly or indirectly through one or more intermediaries Controls, or is Controlled by, or is under common Control with,such first Person. "Agreement" shall mean the entirety of the City of Tucson Request for Proposal No. _ 120349_, the COMPANY's response thereto, and such additional documents and/or attachments as are referenced therein. "ASP" means an application service provider providing another Person software-based application solutions that enables such other Person with transaction processing ability by remote access or other available means through the application software installed at such service provider's site, city of Theson "Attachment A"means the document attached hereto and designated as"Attachment A",entitled_"PRoOUcT COVERED BY THIS AGREEMENT"and dated_February 16,2012. "Authorized User(s)" means, CITY, Permitted Affiliates, their respective employees, officers or agents (as may be permitted by CITY to access and use the Licensed Material in accordance with the provisions set forth in this License Agreement solely in relation to the services they provide to CITY). "BSP" means a provider of business processing services, including management of the associated business process as a service bureau,using software based application solutions. "Claims"means any and all claims,third party claims, counterclaims, complaints, demands, proceedings, actions, causes of action and suits, and investigations of any nature or kind whatsoever and howsoever arising, whether in law or in equity or pursuant to contract or statute, and whether in any court of law or equity or before any arbitrator(s) or other body, board or tribunal. "Company Deliverables" shall mean the Products described in Attachment A in the version set forth therein and applicable Documentation described in Attachment A and additional documents or items which may be delivered by COMPANY to CITY in furtherance of COMPANY'S obligations pursuant to this Software License Unless specifically stated, reference to Company Deliverables shall not apply to any Third Party Components and CITY Deliverables included in Company Deliverables in accordance with this License Agreement or Attachment. "Confidential Information" shall meanall business strategies, plans and procedures, proprietary information, methodologies, data and trade secrets, and other confidential information and materials of the disclosing party, its clients or other persons or entities with whom they do business that may be obtained by the receiving party from any source. Confidential Information of COMPANY includes Licensed Material, and all information relating to Licensed Material. Confidential Information of CITY includes such information as may be protected by law or other confidentiality agreements concerning third parties such as citizens,customers or prospective customers of CITY or any of its Affiliates. "Control" means, in respect of any Person, the possession, directly or indirectly, of(a) the power to direct or cause the direction of the management and policies of that Person, and (b) ownership of more than fifty percent(50%)of the voting securities of such Person. "CITY Deliverables" shall mean the items identified in this License Agreement and its attachments(if any)to be delivered by CITY or its agents to COMPANY and any other items identified as deliverable(s) from CITY in an applicable Statement of Work or as may be agreed between the Parties from time to time in writing that are required to be provided to COMPANY by CITY for preparation of a COMPANY Deliverable or performance of Services by COMPANY in accordance with this License Agreement. "CITY Material" shall mean CITY Deliverables, CITY's Confidential Information, documentation, programs, specifications, requirements, concepts, processes, inventions,work product,and any other Intellectual Property developed or owned or licensed by CITY,which City of Tucson it provides to COMPANY in connection with this License Agreement, a Attachment or applicable Statement of Work. Notwithstanding the foregoing, CITY Proprietary Material shall not include the Licensed Material. "Derivative Works" means works that are based upon or derived from proprietary material, including without limitation, a revision, modification, translation, abridgment, condensation, expansion, or any other form in which such material or any proprietary portion thereof may be recast, transformed, or adapted, and which, if prepared without authorization of the owner of the Intellectual Property Rights in such material would constitute an infringement of any such proprietary right. "Documentation"shall mean the User Manual, Operations Manual, and Installation Manual, described in Attachment A as well as any supplements thereto. "Enhancement" means any customization, modification, addition, revision, enhancement, improvement, and all Maintenance Services work result. "Intellectual Property Rights"means all past, present, and future rights in or to Intellectual Property, which may exist or be created under the laws of any jurisdiction in the world, including but not limited to: (a) rights associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights, and mask works; (b) trademark and trade name rights and similar rights; (c) trade secret rights and rights in relation to breach of confidence; (d)patents and industrial property rights; (e) other proprietary rights in Intellectual Property of every kind and nature; and (0 rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applications for, any of the rights referred to in subsections(a)through (e)of this sentence. "Intellectual Property" means all algorithms, APIs, apparatus, circuit designs and assemblies, concepts, data, databases and data collections, database schema, designs, diagrams, documentation, drawings, flow charts, formulae, gate arrays, ideas and inventions (whether or not patentable or reduced to practice), know-how, materials, marketing and development plans, marks (including registered and unregistered trademarks and service marks, brand names, product names, logos, and slogans), methods, models,net lists, network configurations and architectures, photo masks, procedures, processes, protocols, schematics, semiconductor devices, software code (in any form including source code and executable or object code), specifications, subroutines, techniques, test vectors, tools, uniform resource identifiers, user interfaces,web sites,works of authorship, and other forms of technology and intellectual property. "License Agreement"shall mean this Agreement. "License Fee" means: (a) for the licensed Products listed in Attachment A, the fees described in Attachment C; and (b) if CITY and COMPANY agree to license additional programs or material under this License Agreement, the applicable additional license fee in accordance with the applicable amendment to Attachment C. City orTuceon "Licensed Material" means collectively: (a) the Products in the version described in Attachment B to be delivered to CITY by COMPANY in accordance with this License Agreement, (b) Deliverables in the versions delivered to CITY in accordance with a Statement of Work executed under Attachment A, and (c) any Upgrades and Documentation thereof received by CITY pursuant to the Maintenance Services. "Losses" means any and all damages, liabilities, obligations, losses, deficiencies, penalties, interest, assessments, charges, costs and expenses, including without limitation reasonable legal fees and disbursements, and court costs, but excluding indirect, consequential and punitive damages. "Maintenance Services" means the maintenance and support services described in Attachment C for annual maintenance services pursuant to the License Agreement, "Object Code" means computer programming code, routines and programs in machine executable form. "Permitted Affiliate"means an Affiliate of CITY with respect to whose business CITY has obtained an Add-on License pursuant to Section 2(1(b) of this License Agreement. "Permitted Site" shall mean CITY's premises identified and set out in the License Agreement, Request for Proposal or such other location owned or leased by or under the control of CITY that may be substituted or added in accordance with Section 2.4. ( "Person" means any natural person, corporation, limited liability COMPANY, general partnership, limited partnership, proprietorship, other business organization, trust, union, association or Governmental Authority or any other legal entity. "Product(s)"means the software product(s)or components described in Attachment A. "Request for Proposal" ("RFP") means the document published by the City defining its needs, requirements, and form of contract, and any amendments or clarifications subsequently published by the CITY on its public web site. "Services" shall mean the professional services described in the License Agreement, or Request for Proposal including without limitation, customization, development, delivery and installation of the Company Deliverables, testing and implementation support, maintenance and other services related to the Licensed Material, "Statement of Work" or "SOW" shall mean the portions of the License Agreement, or Request for Proposal that define the specifications and deliverables to be provided by the COMPANY. "Target Environment" shall mean CITY's production physical and logical environment as described in Attachment D. "Upgrade" means any future releases of COMPANY's Product included in the Licensed Material planned and developed by COMPANY, from time to time, for general distribution City often to its customers of the Products who purchase or subscribe to the annual maintenance services for the Products. "Use"means operating the Licensed Material in the internal business operations of the CITY, including the acts of installing, executing, processing,transmitting, transferring, loading and storing of data by Authorized Users in connection with the business of the CITY. 1.2 Other Defined Terms. All other capitalized terms used in this License Agreement not otherwise defined in Section 1.1 above shall have the meanings assigned in the part of the License Agreement in which they are defined. 1.3 Interpretations 1.3.1 Where any payment falls due for payment on a non-Business Day,then payment shall be made by the paying party on the next succeeding Business Day. 1.3.2 Reference to a person includes any individual, firm,body corporate, association (whether incorporated or not)and authority or agency(whether government,semi government or local). 1.3.3 The singular includes the plural and vice versa. 1.3.4 A reference to any documents or agreements(and,where applicable, any of their respective provisions) means those documents or agreements as amended, notated, supplemented or replaced from time to time providing they are amended, notated, supplemented or replaced in the manner envisaged in the relevant documents or agreements. 1.3.5 A reference to any statute,regulation,rule or other legislative provision includes any amendment to the statutory modification or re-enactment or,legislative provisions substituted for,and any statutory instrument issued under that statute, regulation,rule or other legislative provision. 1.3.6 Reference to a party includes that party's employees, agents and/or consultants. 1.3.7 The term"or"shall include the conjugate form so that where appropriate, the use of the term"or"should be interpreted as"and/or", 1.3.8 In the event of any conflict between the provisions of this License Agreement and the provisions of the Schedules, Exhibits or Attachments hereto or the provisions of the License Agreement,or RFP, the provisions of this License Agreement shall prevail with respect to any matters relating to scope of license, ownership of Intellectual Property and Intellectual Property Rights, limitation of liability, warranties, indemnification and confidentiality obligations. 2. LICENSE 2.1 Grant of License. City oCmcson (a) Subject to the terms and conditions set forth in this License Agreement and payment of the applicable License Fees, effective upon the delivery by COMPANY to CITY of the Product, in return for payment of the License Fees and other charges agreed herein, COMPANY hereby grants to CITY and CITY hereby accepts, an irrevocable (except as provided in Section 11), non-exclusive, fully paid up (upon payment of the applicable License Fees), royalty free, non- transferable(except as specifically permitted under this License Agreement),right and license to Use and to permit its Authorized Users to Use the Licensed Material at Permitted Sites and on the Target Environment during the Term for CITY's and Permitted Affiliates business processes, The forgoing license does not (a) authorize installation of the Licensed Material at any site other than the Permitted Site(s), (b) permit access to and Use of the Licensed Material for any purpose other than as permitted under this License Agreement, or (e) permit access to and Use of the Licensed Material to any Person other than Authorized User. The License granted to the CITY is conclusively defined in this License Agreement and the relevant Appendices. Any extension or change of the contractual use of the License Material requires the COMPANY's prior written consent and authorization. CITY is responsible to ensure compliance with all license restrictions and other applicable terms and conditions of this License Agreement by each Authorized User. Any breach or non compliance of the terms and conditions of this License Agreement by any Authorized User shall be deemed to be a breach or non compliance by the CITY. The CITY will indemnify and defend the COMPANY in respect of any breach of this License Agreement by Authorized Users or in respect of any act (or failure to act) by the Authorized Users which would constitute breach of this License Agreement if carried out by the CITY. (b) Add-on License, The License granted herein does not authorize the Use of the Licensed Software for (a) processing any business of an Affiliates of CITY ("Affiliate's Business"), (b) the business of the CITY outside the United States and its protected territories ("Extra Territory Business") or (c) for additional business of CITY or an Affiliate resulting from or arising in connection with the acquisition by CITY or a permitted Affiliate of the assets or business of any other entity or merger of CITY or its permitted Affiliate with another entity("Acquired Business"). Each Affiliate Business, Extra Territory Business and Acquired Business is referred to in this License Agreement as a"New Business." If at any time CITY desires that the COMPANY extend the license granted hereunder to permit a New Business to Use the Licensed Software, then, COMPANY and CITY will negotiate in good faith the terms and conditions and the additional license fee that would apply to an add-on license for each New Business. CITY agrees not to Use or permit a New Business to use the Licensed Software for processing the business of such New Business unless and until the COMPANY, CITY and the applicable New Business have executed an add-on license agreement("Add-on License") and the applicable additional license fee ("Add-on License Fee) is paid to the COMPANY, COMPANY agrees that COMPANY's Add-on License Fee charged to CITY for each such Add-on License will not be higher than the license fee then charged to other customers of COMPANY. Upon city of Tucson ( grant of an Add-on License by the COMPANY, CITY shall ensure that each permitted New Business will agree and abide by the terms and conditions of license hereunder. In any event, CITY assumes full responsibility for the actions or omissions of its permitted New Business with respect to the Use of the Licensed Software pursuant to the provisions of this License Agreement. (c) The licenses granted herein and the provisions of this License Agreement do not grant or convey to CITY any ownership rights, interest or title in or to the Licensed Material any Intellectual Property Rights therein nor do they permit CITY to make Derivative Works (other than by obtaining any Derivative Works from COMPANY under and in accordance with Attachment A)or to make copies of the Licensed Material except as specifically authorized under this License Agreement or with prior written permission of COMPANY. To the extent that Product and/or the Licensed Material consists of any software codes, such material, when delivered to CITY pursuant to this License Agreement, shall be delivered by COMPANY in Object Code form only and CITY shall not have any right or license with respect to the Source Code of the Product and/or the Licensed Material. 2,2 Customization and Maintenance Services. The Parties acknowledge and agree that this License Agreement and Attachment A are contemporaneous contracts requiring the CITY to obtain any and all services related to the Products and Licensed Material exclusively from the COMPANY, or such subsidiaries, contractors or resellers as may be specifically identified or approved by the COMPANY, unless otherwise agreed by COMPANY in a written amendment to this License Agreement. CITY hereby retains COMPANY, and COMPANY agrees to provide to CITY Services related to the customization, enhancement, implementation, maintenance and other services described in the Agreement. The CITY acknowledges that any modification, alteration, enhancement or customization to the Products or the Licensed Material may be carried out only by the COMPANY or with the prior written consent of and based on specific agreement with the COMPANY or licensor of the Product and no third party other than the COMPANY or the licensor of the Product or any party specifically authorized by them in writing may be allowed to do so. Before involving third parties in carrying out any modifications, alterations or enhancements to the Products, if permitted by the COMPANY, the CITY shall provide the COMPANY with a written, legally binding statement of the third party, whereby it assumes an undertaking towards the COMPANY and its licensors that it will observe the provisions of this Agreement. 2.3 Permitted. Site(s)and Target Environment, The Licensed Material will be delivered and initially installed and maintained at the CITY's premises described in Appendix D ("Permitted Site"). CITY may, upon written advance notice to COMPANY, relocate the Licensed Material to another Permitted Site and may install or permit the installation of the Licensed Material at such new Permitted Site, provided that the Licensed Material shall not be installed in more than one Permitted Site at any given time. If CITY relocates the Licensed Material to a new Permitted Site, CITY will notify COMPANY of the address of the new Permitted Site, If the CITY desires to install or installs the Licensed Material in any additional Permitted Site for production purposes, the CITY City orTuc on shall pay the COMPANY additional license fees, which shall be agreed between the parties, 2.4 CITY acknowledges and agrees that the Licensed Material is designed to operate only in the Target Environment as set out in the relevant Attachment D to the license Agreement and that Licensed Material may not operate, function or conform to Specifications if used on any system other than the Target Environment. Notwithstanding the above, COMPANY shall support and render installation assistance to the CITY for the implementation of the Licensed Material on virtual machines for the purposes of testing, staging, quality assurance, and/or training. It is a condition of this License that the Target Environment onto which all or part of the Licensed Software is copied, even for a short period, must be in the direct possession of the CITY and on the Permitted Site. Except as otherwise agreed in the relevant Appendix the Licensed Material may be transferred, upon written notice of one (1) month in advance to the COMPANY, to another Target Environment of like configuration as the Target Environment, The Target Environment and other permitted environments onto which all or part of the Licensed Material is stored or used must always be in a Permitted Site and in direct possession and control of CITY. 2,5 Permitted Environments. In addition to Use of the Licensed Material in the Target Environment in accordance with Section 2.3, CITY may separately install and Use the Licensed Material for the following purpose(s)and in the following environments: { (a) disaster recovery, provided that such Use of the Licensed Material in a disaster recovery environment shall be limited to testing the readiness of the disaster recovery environment unless and until CITY's Target Environment becomes unavailable due to an event of Force Majeure, in which event CITY may use the Licensed Material in the disaster recovery environment for purposes agreed in this License Agreement subject to and in accordance with Sections 2,2, until such time CITY's Target Environment at the Permitted Site described in Section 2.4 is fully , recovered; (b) testing, controlled staging, quality assurance and/or training installations, insofar as such installations are temporary or transitional in nature, are not used for production purposes, and otherwise comply with the provisions of section 2 of this Agreement. CITY may also permit its technical and administrative personnel other than Authorized Users to access and Use the Licensed Material solely for administrative or technical support functions and not as part of production processing of live data 2.6 Documentation. COMPANY will deliver initial versions of Documentation for the Product to CITY in both hard copy and electronic forms at the time of delivery of the Product. Thereafter, COMPANY will deliver updated versions of the Documentation periodically as required in accordance with Attachment A. 1, City orTuoson 2,7 Proprietary and Confidentiality Markings or Notices. The CITY shall retain all of the COMPANY's and/or its licensors' Logo, Trademark, Copyright notice and other proprietary markings or notice on the Licensed Material. CITY shall not: permit any Authorized Users or other persons to, remove, alter or otherwise render illegible any of COMPANY's Logo,Trademark, Copyright notice or other proprietary or confidentiality markings that may be placed on the Licensed Material or components thereof provided to CITY hereunder. The CITY shall include on all copies of all or part of the Licensed Material including the Documentation, a reproduction of the COMPANY's and/or its licensors' Logo, Trademark,Copyright notice and other proprietary markings or notice. 2.8 Restrictions on Copying. Copying of the Licensed Material is prohibited unless expressly authorized in this Agreement or the relevant Appendix or otherwise In writing by the COMPANY. CITY is responsible for controlling the original Licensed Material and any copies thereof and ensuring that the Use thereof is in accordance with the terms of this Agreement. CITY may make a reasonable number of additional copies as back up. All software and hardware equipment onto which all or part of the Licensed Material is copied must always be in a Permitted Site and in direct possession and control of CITY. CITY is responsible to include reproduction of all of COMPANY's copyright notice and other COMPANY proprietary markings on every copy of the Licensed Material made by or on behalf of CITY as they appeared in the Licensed Material. Copies which are no longer needed must immediately be destroyed. Except as provided in this Agreement, CITY shall not, nor permit others to, make copies of the Licensed Material. 2.9 Other Restrictions. Neither CITY nor any Authorized User is authorized to sell, license, sublicense, distribute, assign, transfer or distribute or timeshare the Licensed Material or otherwise grant any right under this Agreement to any third party, without the prior written consent of COMPANY. Any attempted sale,licensing,sublicensing, distribution, marketing, assignment or time sharing including by interactive cable or remote processing services or otherwise (except as provided in Section 14.6) shall be null and void. CITY is not entitled to, and shall not make or permit others to, reverse engineer, disassemble, de-compile, recreate, enhance or modify the Licensed Material or any part thereof and except as permitted the CITY is not authorized to create Enhancements to or Derivative Works of the Licensed Material or any portions thereof. The above notwithstanding,the CITY maintains rights to the software as defined under the software Escrow provisions. 2.10 Third Party Software. CITY acknowledges and agrees that the operation and contractual Use of the Licensed Material require the Target Environment and the use of other third party software products (not listed in Attachment B) in the versions as specified in the applicable Statement of Work or as otherwise agreed to by the Parties in writing. CITY shall be responsible for acquiring the Target Environment and all appropriate licenses from the manufacturers or their authorized dealers for such third party software products. The CITY shall be responsible for the choice, installation, use and maintenance of the Target Environment and any third party software not forming part of the Licensed Material, which is used in relation to the Licensed Material, City of Tucson 2.11 ASP and/or BSP Use. CITY shall not use or permit any other Person to use the Licensed Material to provide any ASP or BSP services. CITY shall not use the Licensed Material to provide services for processing any data or information or material to any third parties as a processing service unrelated to the regular business of CITY,whether as a service bureau or otherwise. 2.12 Exportation. The CITY shall have no right to use, ship or export directly or indirectly the Licensed Material for Use or any other purposes in any of the countries or territories to which the United States Department of Commerce or other United States government agency prohibits shipment or exportation without first obtaining the written permission of the COMPANY and - if necessary - of the appropriate United States government agencies. CITY warrants that it, its Affiliates and their employees shall obey all applicable laws and regulations of the United States and any other countries in which the Licensed Material is used. 2.13 Trademarks. CITY will have no rights in any trademarks or service marks or trade names adopted by the COMPANY and/or its licensors for the Licensed Material or any part thereof. The CITY agrees to reproduce the COMPANY's or its licensor's trademarks,service marks or trade names intact to all copies of the Licensed Material. 2.14 Infringement. Should the Licensed Material be used beyond the license set out in this Section 2, without prejudice to any other rights the COMPANY may have, the COMPANY shall be entitled terminate the License granted hereunder in respect of { such Licensed Material, without prejudice to any other rights or remedies the COMPANY may have under this Agreement or otherwise. Notwithstanding the above, before any termination of the License granted herein, COMPANY shall give City written notice of the specific infringement claimed and thirty (30) days to cure or seek an agreement with COMPANY not to terminate the License, or, if' necessary, an injunction or other judicial order, preventing the termination of this License Agreement and the License(s) granted hereunder. 3. DELIVERY AND TESTING OF THE LICENSED MATERIAL 3.1 Delivery of the Licensed Material,The delivery of the Licensed Material shall be effected when the COMPANY transfers the appropriate data media to the CITY or transmits the Licensed Material by telecommunication facilities. This delivery must be acknowledged in writing by the delivery of a receipt via email or hard copy by the City in order for delivery to be effective. The data media are on loan to the CITY for the term of this Agreement. Partial deliveries are permitted. The Licensed Material shall be delivered in all parts to the CITY on the dates provided therefore in the Agreement. These dates shall be binding upon the COMPANY if an explicit statement to this effect is made in the Agreement. If the COMPANY has to wait for the CITY's assistance or if the COMPANY is otherwise prevented as a result of any act or omission on the part of the CITY from fulfilling the delivery obligation obligations under this Agreement, the COMPANY shall not have any liability resulting therefrom and the delivery date shall be deemed to be postponed by the duration of the impediment and a reasonable start-up period.The COMPANY shall inform the CITY of such impediments. { City of 7son 3.2 Choice, Installation and Use of the Licensed Material. Based upon the representations of COMPANY the CITY shall be responsible for choosing, installing and using the Licensed Material and for the results achieved therewith. The CITY is aware of the essential functional features of the Licensed Material and it is responsible for ensuring that the Licensed Material satisfies its requirements, When using the Licensed Material, the CITY shall observe the guidelines set down in the pertinent Documentation. The CITY agrees to install any Updates and New Versions of the Licensed Material in due time, but in any case not to exceed twelve months following the initial release date. 3.3 CITY Responsibilities: In addition to other responsibilities described as CITY responsibilities under this Agreement CITY agrees to: a. Provide to COMPANY personnel reasonable access to the Permitted Sites and Target Environment if the COMPANY requires such access for its work, including online access and authorizations therefore; b. Provide COMPANY personnel required computer time, data media, documentation, data, information and working resources required by the COMPANY for its work; c. Nominate and train the appropriate number of Authorized Users for managing the Help Desk; d. Insure that the Licensed Material is used in strict compliance with agreed guidelines and the guidelines set forth in the relevant Documentation concerning the Use of Licensed Material and maintain records of exceptional situations and program errors,timely notify any malfunction according to the agreed procedure. 3.4 The CITY undertakes to ensure that telecommunication lines are available and maintained between the CITY's designated Site and places of performance of Services by COMPANY or the COMPANY's central maintenance site as indicated in the applicable Statement of Work, The costs of those links and equipment and telecommunication costs shall be borne by the CITY.Any additional telecommunications expenses from the COMPANY's central maintenance site shall be borne by the COMPANY during the contractually agreed standby conditions for maintenance. If the COMPANY cannot have technically simple access to the Licensed Material by telecommunications facilities or if such is not permitted by the CITY, the latter shall be liable for the consequences thereof, especially any extra costs. The COMPANY shall have no liability or obligation for any failure of the COMPANY in complying with its maintenance obligations if such failure results due to failure of the telecommunication facilities or failure of the CITY to provide the telecommunication facilities. The COMPANY shall carry out its work on condition that the CITY has duly and fully fulfilled its obligations set out in this Section 3. 3.5 CITY's Obligation to Conduct Tests. Within reasonable limits, the CITY shall carefully test the Licensed Material supplied to it to ensure it can be used on the Target Environment before it begins to use the Licensed Material for processing its operations. City of Tucson This shall also apply for parts of the Licensed Material which are supplied to the CITY as part of the warranty and maintenance services. The CITY shall also take reasonable precautions in case all or some of the Licensed Material supplied to it works incorrectly, such precautions being emergency procedures, data protection, regular back-up of data, virus checks, regular checks of results, etc. If the CITY uses the Licensed Material without test, such usage shall be deemed to be acceptance. 3.6 Acceptance,The Licensed Material shall for each module delivered (if in modules) be deemed to have been accepted one (1) month after delivery thereof to the CITY unless within that period the CITY makes a complaint to the COMPANY in relation to the Licensed Material by mail, fax or e-mail using the address and other communication information supplied in the agreement. Complete or partial commencement of the processing of its operations by the CITY using all or part of the any module of the Licensed Material shall be deemed to be immediate acceptance of all of that module's Licensed Material. Acceptance of one ore more modules of the Licensed Material shall not constitute or imply Acceptance of any other modules which have not been specifically Accepted. 4. FEES,EXPENSES,TAXES,INVOICING AND PAYMENT 4.1 License Fee. For the Products listed in Attachment B,CITY shall pay to COMPANY the License Fee in the amount and manner set forth in Attachment B. For any license fee applicable to additional programs or components agreed pursuant to an amendment of this Agreement, the applicable additional license fee shall be as set forth in such amendment. 4.2 Taxes. CITY shall be responsible for any sales, use,value added, service or other similar taxes that may be imposed by any applicable taxing Jurisdictions upon CITY or COMPANY relating to the Product delivered hereunder or the License Fee payable therefore. COMPANY agrees to separately itemize such taxes on its invoices to CITY and to remit the tax amounts received from CITY to the appropriate taxing authority. COMPANY shall be solely responsible for any corporate taxes and income taxes based upon the income or revenue of COMPANY. 4.3 Invoices and Payment. COMPANY shall submit invoices for the License Fee upon delivery to CITY of the Product. Invoices shall be mailed to City of Tucson Finance Department/Accounts Payable Division, PO Box 27450, Tucson, AZ 85726-7450. Payment of invoices shall be made by CITY to COMPANY within 30 days following receipt of each such invoke. 5. CERTAIN REPRESENTATIONS,WARRANTIES AND COVENANTS 5.1 Mutual Representations, Warranties and Covenants. Each Party represents, warrants and covenants to the other that: (a) this Agreement constitutes the legal, valid and binding obligation of it, enforceable against it in accordance with its terms, except as such enforceability City of'boson may be limited by bankruptcy laws and other similar laws affecting creditors' rights generally and by general principles of equity; (b) the execution, delivery and performance of this Agreement by it does not and will not conflict with, or constitute a breach or default under, its charter documents or any agreement, contract, commitment or instrument to which it is a party; and (c) there is no action or proceeding pending or, in so far as it knows or ought to know, threatened in writing against it before any court, administrative agency or other tribunal that(i)could impact upon its right,power and authority to enter into this Agreement, to grant the rights and licenses granted by it to the other Party hereunder, or to otherwise carry out its obligations hereunder, or (ii) might have a material adverse effect on its business or condition, financial or otherwise that would materially impact a Party's ability to perform under this Agreement. 5.2 COMPANY's General Warranties and Covenants. COMPANY represents, warrants and covenants to CITY as follows: (a) COMPANY or its Affiliates own, and COMPANY is authorized to grant the rights and licenses to,the Licensed Material as set forth in this Agreement; and (b) COMPANY has not received any written notice or claim, and is not otherwise aware, that the Licensed Material and the Use thereof by CITY and the Authorized Users in accordance with this Agreement and the Documentation as contemplated hereunder, infringes or misappropriates, or would infringe or misappropriate the patent, copyright, trademark, trade secret or other Intellectual Property Rights of any third party. 5.3 COMPANY's Product Warranties and Covenants. (a) COMPANY represents and warrants that for a period of twelve(12)months from delivery of any copy of the Licensed Material to the CITY, (the "Warranty Period")the media in which the Licensed Material are delivered shall be free from defects in material and workmanship, assuming normal Use. The CITY may return any defective media to the COMPANY during this period for replacement free of charge. (b) COMPANY represents, warrants and covenants to CITY that, if properly used in the Target Environment in accordance with the Documentation and the terms and conditions of this Agreement, during the warranty period, if any, agreed and set forth in the Agreement (Warranty Period) the Product shall comply with, and achieve the performance and functionality in accordance with the Documentation. CITY agrees to promptly notify COMPANY in writing immediately upon discovery of any error or non-conformance of the Licensed Material. COMPANY will promptly correct or replace any error or defect in the Product reported by CITY during the Warranty Period without any additional charges to CITY for such correction or replacement. City of Tucson (e) The Licensed Material have been produced and distributed with strict procedures to protect them against viruses. If, in the CITY's opinion, there is a justified suspicion that a virus exists in his copy of the Licensed Material or if it finds a virus, the COMPANY shall assist the CITY in resolving the matter. If the COMPANY is responsible for the existence of the virus, it shall within a period of three (3) days from delivery of the copy by the COMPANY remove the virus from the Licensed Material or supply without charge a copy containing no virus. If the virus does not fall within the responsibility of the COMPANY, the CITY shall pay for the assistance provided by the COMPANY in keeping with the time and material and at the COMPANY's rates of charges valid from time to time. 5.4 CITY's Warranties and Covenants. CITY represents, warrants and covenants to COMPANY that: (a) CITY is responsible for selecting, installing, operating and using the Licensed Material as delivered by COMPANY and accepted by CITY and for the results achieved therewith. CITY shall also be responsible for the installation, use and maintenance of the Target Environment. CITY shall take reasonable precautions against loss of data due to any error or non-conformity in the operation or working of the Licensed material including without limitation, emergency procedures, data protection,regular back-up of data,virus checks, and regular checks of results. (b) The CITY is aware of the essential functional features of the Licensed Material. { The CITY acknowledges that the Licensed Material has not been developed to meet the CITY's specific requirements and it is responsible for ensuring that the Licensed Material satisfies or meets its requirements. When using the Licensed Material, the CITY shall observe the guidelines set down in the pertinent Documentation, The CITY agrees to install any Updates, corrections and/or and New Versions of the Licensed Material in due time, but in any case not longer than twelve(12)months after the initial delivery date. 5.5 Warranty Disclaimers. (a) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT, NEITHER COMPANY NOR CITY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED. (b) Further, COMPANY does not represents or warrants that any of its respective Deliverables provided under this Agreement functions without interruption and without error or that such Deliverable will operate in every combination desired by the other Party with any data, computer systems and programs of its choice or City of Tucson that the remedying of one program error does not result in the occurrence of other program errors. 5.6 Warranty Limitations and Release. COMPANY shall be released from its warranty obligations under Sections 5.2 and 5.3, subject to Section 2.14, to the extent that any infringement, errors, fault or non-compliance arises due to circumstances for which COMPANY is not responsible, including without limitation; (a) modification of the Licensed Material after delivery to CITY, if such modification was not made or authorized by COMPANY; (b) use of the Licensed Material contrary to the Documentation provided by COMPANY; or (c) use of the Licensed Material other than in Target Environment or use of the Licensed Material in combination with products and systems not contemplated in the applicable Documentation or Specification; or (d)infringing element or defects contained in any CITY provided Material. Further, COMPANY shall not be considered to be in breach of the warranties to the extent that COMPANY offered to CITY a correction or Upgrade and CITY failed to implement such correction or Upgrade within the timeframe defined in section 5.4.In such cases, the work put in by the COMPANY in order to determine the cause of the fault and to remedy the fault shall be invoiced in accordance with the COMPANY'S current rates of charges. This shall also apply to consequential services or supply of products in relation to such work, including but not limited to the delivery of a corrective code or a corrected version of the defective part of the Licensed Material or for instructions as to how the error can be avoided. The COMPANY shall also be released from its warranty obligations if the CITY does not complain of a program error promptly or does not put into productive operation a corrective code provided by the COMPANY in fulfillment of its warranty obligations or a correct Update or Version of the pertinent part of Licensed Material which it has supplied. 6. CONFIDENTIALITY 6.1 Obligations of Confidentiality. Each Party (in such capacity, the "Receiving Party") acknowledges and agrees to maintain the confidentiality of Confidential Information (as hereafter defined) of the other Party (in such capacity, the "Disclosing Party") provided by the Disclosing Party or otherwise received by the Receiving Party hereunder as allowed by State Statute. The Receiving Party shall not disclose or disseminate the Disclosing Party's Confidential Information to any Person or entity other than those directors, officers, employees, agents, subcontractors, Permitted Affiliates, Authorized Users of the Receiving Party who have a need to know it in order to assist the Receiving Party in performing its obligations, or to permit the Receiving Party to exercise its rights, under this Agreement unless required by State Statute or Court Order. In addition,the Receiving Party shall (a) take all reasonable steps to prevent unauthorized access to the Disclosing Party's Confidential Information; (b) not use the Disclosing Party's Confidential Information, or authorize other Persons or entities to use the Disclosing Party's Confidential Information, for any purposes other than in connection with performing the Receiving Party's obligations or exercising the Receiving Party's rights hereunder; (c) upon the request of the Disclosing Party and a reasonable opportunity to City of Tucson comply, comply with any legal and/or regulatory requirements applicable to the Disclosing Party or its vendors regarding security and data protection (and in such cases, the Disclosing Party will reimburse the Receiving Party for the reasonable, actual additional costs, if any, incurred by the Receiving Party in complying with such requirements); and (d) promptly advise the Disclosing Party in the event it learns or suspects that any of the Disclosing Party's Confidential Information in the Receiving Party's possession has been revealed or improperly acquired by any third party, and shall assist the Disclosing Party in its efforts to retrieve the material and mitigate the effects of the exposure or loss. As used herein,"reasonable steps"means steps that a Party takes to protect its own confidential or proprietary information of a similar nature, which steps shall in no event be less than a reasonable standard of care. 6.2 RESERVED Section 6.2 is intentionally left blank. 6.3 Exclusions. The provisions of this Article 6 respecting Confidential Information shall not apply to the extent, but only to the extent, that such Confidential Information: (a) is already known to the Receiving Party free of any restriction at the time it is obtained from the Disclosing Party; (b) is subsequently learned by the Receiving Party from an independent third party free of any restriction and without breach of this Agreement; (c) is or becomes publicly available through no wrongful act or omission of the Receiving Party; or(d) is independently developed by or for the Receiving Party without reference to or use of any Confidential Information of the Disclosing Party. Further, Receiving Party shall not be in breach for disclosure to the extent required pursuant to an applicable law, rule, regulation, government requirement or court order, or the rules of any stock exchange or self regulatory agencies (provided, however, that to the extent practicable and lawfully permitted, the Receiving Party shall advise the Disclosing Party of such required disclosure promptly upon learning thereof in order to afford the Disclosing Party a reasonable opportunity to contest, limit and/or assist the Receiving Party in crafting such disclosure). 6.4 Privacy Compliance. Notwithstanding any other provision of this License Agreement, to the extent Nonpublic Personal Information is disclosed to or otherwise obtained by COMPANY in connection with the matters contemplated by this Agreement, COMPANY will keep such Nonpublic Personal Information strictly confidential and strictly limit COMPANY's use thereof to the purposes contemplated by this Agreement, For the purposes of this provision, the term "Nonpublic Personal Information" is defined as any non-public personally identifiable information of an individual, including, but not limited to, CITY's or its Affiliates' customers or employees, including Authorized Users. 6.5 Receiving Party's Employees and Others, The Receiving Party shall take reasonable steps to advise its employees, agents, contractors, subcontractors, Authorized Users of the Receiving Party's obligations of confidentiality and non-use under this Article 6. City°MTueson f6.6 Return or Destruction of Confidential Information. Upon the Disclosing Party's written request at any time, including following the expiration or termination of this Agreement, the Receiving Party promptly shall cease to use the Confidential Information and return to the Disclosing Party, or destroy, all Confidential Information of the Disclosing Party provided under or in connection with this Agreement, including all copies, portions and summaries thereof and shall provide the Disclosing Party with a written statement certifying that all such material has been returned or destroyed. Notwithstanding the foregoing sentence, if and to the extent the license and rights granted to the Receiving Party with respect to any Confidential Information survive the termination of this Agreement,Receiving Party may retain Confidential Information of Disclosing Party and use such information to the extent that such information is reasonably necessary in connection with Receiving Party's exercise of the license and rights as permitted under this Agreement; provided, however, that all such Confidential Information retained by the Receiving Party shall remain subject to the provisions of this Article 6 for so long as it is so retained. For greater clarity, COMPANY and CITY each acknowledges and agrees that nothing in this Article 6 shall entitle either party to require the other party to return, or cease Use of, any material (including, in the case of CITY, the Licensed Material) so long as the license granted to such party under this Agreement remains in effect, including by survival after termination of this Agreement to the extent such survival may be expressly provided hereunder. If requested by the Disclosing Party,the Receiving Party shall certify in writing its compliance with the provisions of this Section 6.6, ( 6.7 Lawful exercise of license or rights. Notwithstanding anything to the contrary in this Agreement as between the Parties, the title and ownership of Confidential Information shall remain exclusively with the Disclosing Party. Disclosure of Confidential Information of a Party to the other Party shall not be construed as a grant of any license or other rights in or to the Confidential Information except as specifically set forth in this Agreement. Nothing contained in this Article 6 is intended nor shall anything herein be construed as restricting either Party from lawfully exercising the rights and licenses granted to such Party under this Agreement and any such use, copying or disclosure made by a Party in exercise of such Party's license rights and subject to the restrictions applicable to the license shall not be considered as a breach of this Article 6. 6.8 Survival of obligations. The obligations under this Article 6 shall survive the termination of this Agreement. 6.9 Cumulative Remedies. Each Party shall have and may cumulatively exercise all rights at law or in equity for the protection of its Confidential Information, including obtaining an injunction enjoining the breach or threatened breach of this Article 6. 7. OWNERSHIP AND PROPRIETARY RIGHTS 7.1 Product and the Licensed Material. CITY acknowledges and agrees that COMPANY does and will continue to own all Intellectual Property and Intellectual Property Rights in or attached to the Product and Licensed Material, including without limitation, in or attached to any Enhancement and Upgrades and any Derivative Works thereof even if City of Tucson made by or on behalf of the CITY. Nothing contained herein shall be construed as a transfer, assignment or conveyance by COMPANY to CITY of the ownership, interest or title to the Intellectual Property or Intellectual Property Rights in or attached to the Licensed Material or any Enhancements,Upgrades or Derivative Works thereof, Subject to the provisions of this Agreement,CITY shall have the non-exclusive license and rights granted by COMPANY pursuant to Article 2 hereunder. 7.2 CITY Material. The ownership and title in any Intellectual Property and Intellectual Property Rights in or attached to any CITY Deliverables and CITY Proprietary Material that CITY provides to COMPANY in connection with the performance of Services or for incorporation in the Licensed Material shall remain with CITY and its applicable licensors and nothing contained in this Agreement is intended to nor shall be construed to effect any transfer of ownership rights or title of CITY or its licensors to COMPANY, To the extent any CITY Deliverables or CITY Proprietary Materials are used or incorporated in the Licensed Material, CITY hereby grants to COMPANY a non- exclusive, irrevocable, worldwide, fully paid up and royalty free right and license to use, copy, display,sublicense and distribute such material as part of Licensed Material and/or COMPANY's product(s) and to create Derivative Works thereof within any future Enhancement of or Upgrade to the Licensed Material, provided that such right and license shall exclude all Marks of CITY. 7.3 Trademarks. Nothing herein is intended to provide any Party any right to use or exploit any trademark, service mark, business name, trade dress or logo ("Mark") of the other Party, and neither Party shall utilize any such Mark of the other Party without the express written consent of the other Party unless it is obligated to reproduce such Mark under this Agreement. 7.4 COMPANY's Marketing Rights. Nothing in this License Agreement shall prevent COMPANY from transacting similar business either for itself or for any other Person or to offer same or similar products or services to any third parties. 7.5 Residual Knowledge. Nothing in this License Agreement is intended to prevent either Party from using the knowledge, skill and general experience gained by it or its employees in the performance of this License Agreement to the extent they are retained in the unaided memories of such Party's personnel. Such personnel's memory will not be considered to be unaided if such personnel makes reference to refresh his memory to documents containing Confidential Information belonging to the other Party or the Source Code of the other Party. Nothing contained in this Section 6.6 shall be construed as granting separate license to the Intellectual Property or Confidential Information by one Party to the other Party. 7.6 Ownership of Data. COMPANY acknowledges that all data related to this project (including but not limited to names, addresses, personal contact information of people involved in an incident; photographs; investigative materials; correspondence; identifying and tracking information; maps; and all other CITY records), either as provided initially by the CITY; in subsequent data transmittals; or as keyed, delivered, interfaced or otherwise created in the system, is the sole and exclusive property of the City of Tucson CITY The COMPANY makes no claim on the data, and agrees to securely maintain the data, in such manner as is defined within this agreement; to freely release all data at the end of the agreement for any reason; and to permanently remove all data from their systems once the CITY has issued a written receipt for the data's return. (a) The COMPANY will make copies of all of the CITY's data within ten (10) days of receipt of the CITY's written request for such data. The data is to be delivered via electronic media, in a format mutually agreed upon by the CITY and the COMPANY. Proof of receipt of a request is constituted by the delivery acknowledgment provided by third party package handlers or by the US Postal Service. The CITY agrees to bear reasonable costs for extracting the data, not to exceed$1,000 dollars. (b) If the COMPANY fails to deliver the data within ten (10) days of receipt of a request; or upon termination of the contract; or if the COMPANY fails to either securely maintain all data files while they are in possession of them, or to completely erase all the data from the COMPANY's possession after the data has been returned to the CITY upon termination of this agreement; then the COMPANY shall be liable for all costs, fees and damages incurred by the CITY as a result of the COMPANY's actions. 8. RESERVED Section 8 is intentionally left blank. 9. INDEMNIFICATION 9.1 Infringement Indemnity by COMPANY. (a) To the extent a Party becomes aware, such Party shall promptly and fully notify the other Party of any Claim by any third party asserting that the Use by CITY or an Authorized User of the Licensed Material infringes or is likely to infringe the Intellectual Property Rights of such third party. COMPANY will defend, indemnify and hold harmless CITY, Authorized Users, and CITY's directors, officers, employees and agents (collectively, "CITY Indemnified Parties") from any and all Losses arising fiutu any such Claim, provided that COMPANY shall have no obligations to CITY or CITY Indemnified Parties under this Section 9.1 or Section 9.2 below. 9.2 Additional Obligation of COMPANY. Subject to the forgoing provisions, in the event that any infringement Claim is initiated against COMPANY or a CITY Indemnified Party, or in COMPANY's sole opinion is likely to be initiated for the COMPANY is liable in terms of Section 9.1 above, then COMPANY shall have the option, at its expense,to either: (a) modify or replace the infringing part of the Licensed Material so that such part is no longer infringing, provided that the functionality and performance of the City of Tucson ( Licensed Material continues to perform and operate at least in an equivalent manner and with equivalent functionality;or (b) procure for CITY, Permitted Affiliates, Authorized Users the right to continue using the infringing Licensed Material. In either case, the COMPANY shall act as promptly as possible and in a manner which will avoid unreasonable disruption to CITY's operations. If neither of options (a) and (b) under Section 9.2 is reasonably possible or effective, COMPANY shall accept the return of the Licensed Material and terminate all rights and licenses granted to CITY under this Agreement and refund to CITY an amount equal to the unamortized balance of the License Fee paid by CITY under this Agreement, calculated on a straight line basis over a period of five years commencing on the Effective Date of this Agreement. The provisions of Section 9.1 and 9.2 state COMPANY's entire liability and CITY's sole remedies with respect to infringement. 9,3 CITY's Infringement Indemnity. (a) Subject to subsection 9.3(b), CITY shall defend, indemnify and hold harmless COMPANY and its directors, officers, employees and agents (collectively, "COMPANY Indemnified Parties") from and against any Losses arising from any third party Claim against one or more COMPANY Indemnified Parties in which it is alleged that the Use by COMPANY of any CITY Material in connection with this Agreement constitutes an infringement of or misappropriation of the Intellectual Property Rights of any third party, provided that CITY shall have no obligation to COMPANY and in such cases COMPANY shall defend, indemnify and hold the CITY Indemnified Parties harmless, to the extent such infringement Claim arises as a result of (i) modification of a CITY Material by or for COMPANY other than to perform the Services to be provided under this License Agreement, Attachments and Statement of Work or at the direction of CITY; (ii) use by COMPANY of the CITY Material other than in accordance with applicable documentation or instructions provided by CITY or use of the CITY Material by COMPANY in combination with products and systems not contemplated in this Agreement, a Statement of Work, the applicable Documentation or Specifications; (iii) COMPANY's failure to implement reasonable corrections, revisions or upgrades provided by CITY at CITY's cost, the use of which would have prevented any such Claim for infringement without materially impacting COMPANY's use of the CITY Material; or (iv) use of a CITY Material outside the scope of the Licensed Material or Services. CITY agrees not to perform actions which would result in a claim under the conditions in the preceding sentence. (b) Notwithstanding anything to the contrary herein, CITY makes no representation or warranty, and COMPANY expressly waives any obligation by CITY of indemnification, with respect to the use of a CITY Material by any Person other than COMPANY, and shall assume no liability with respect to any Claims or { City of Tucson f Losses that may be made against or incurred by COMPANY, any COMPANY Indemnified Party or any other Person for the use of such materials beyond the Licensed Material provided to CITY hereunder or performance of the Services provided to CITY herein. 9.4 RESERVED Section 9.4 is intentionally left blank. 9.5 Additional Provisions for Indemnification. A Party seeking indemnification shall provide the other Party with prompt written notice of any Claim or Losses for which such Party is seeking or may seek indemnification hereunder (provided that the failure of the Party seeking indemnification to promptly notify the indemnifying Party hereunder shall not relieve the indemnifying Party of any liability with respect to the Claim or Losses, except to the extent the indemnifying Party demonstrates that the defense of the Claim or the avoidance or mitigation of any Losses is prejudiced by such failure). An indemnifying Party shall: (a) keep the other Party fully informed concerning the status of any litigation, negotiations or settlements of any such Claim; and (b) allow the other Party, at its own expense, to participate in such litigation, negotiations and settlements with counsel of its own choosing. The indemnified Party shall tender defense of the Claim to the indemnifying Party and provide reasonable cooperation (at the indemnifying Party's expense) and full authority to defend or settle the Claim. Notwithstanding the forgoing, neither Party shall have the right to settle any Claim without the prior written consent of the other Party if such settlement contains a stipulation to, or an admission or acknowledgement of, any wrongdoing (whether in tort or otherwise) on the part of the other Party. The indemnifying Party shall have no obligation to indemnify any amount in settlement agreed by the Indemnified Party unless the indemnifying Party agreed to such settlement. 10. LIMITATION OF LIABILITY 10,1 SUBJECT TO THE SPECIFIC REMEDIES IF ANY SET FORTH IN THIS AGREEMENT WITH RESPECT TO ANY CLAIM CONCERNING PERFORMANCE OR NON PERFORMANCE OF THE LICENSED MATERIAL PURSUANT TO OR IN ACCORDNACE WITH THE TERMS OF THIS AGREEMENT AND THE DOCUMENTATION OR ANY CLAIM FOR BREACH OR DEFAULT OF THE COMPANY, THE CITY'S EXCLUSIVE REMEDY SHALL BE THE RECOVERY OF THE DIRECT DAMAGES ACTUALLY SUFFERED BY IT INCLUDING BUT NOT LIMITED TO ALL FEES PAID TO COMPANY. 10,2 GENERAL EXCLUSION. EXCEPT WITH RESPECT TO BREACH OF THE LICENSE CONDITIONS AS SET FORTH IN SECTION 2, BREACH OF CONFIDENTIALITY OBLIGATIONS AS SET FORTH IN SECTION 6 AND INDEMNIFICATION CLAIMS FOR INFRINGEMENT AS SET FORTH IN ARTICLE 9, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR LOSS OF OR DAMAGE TO REVENUES, Ctty otTuoson PROFITS, OR GOODWILL OR OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORIES IN LAW OR EQUITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10.3 Additional Liability Exception. The limitation of liability set forth in Section 10.2 shall not be applicable to liability for any unpaid fees due for the license under this Agreement. 10.4 Back up date, The CITY shall be responsible for daily backing up all data and databases used with the Licensed Material. The CITY assumes full responsibility for the use of the Licensed Material and any information entered, used and stored thereon, including, without limitation, protection of data from viruses, or any unintended modification, destruction or disclosure, and for the accuracy and integrity of the results. The COMPANY assumes no responsibility for CITY's negligence or failure to retain back up data at regular intervals or protect data from viruses, or any unintended modification,destruction,or disclosure of any data, software or other information. 10.5 The CITY acknowledges and agrees that the allocation of risk contained in this Section 10 is reflected in the fees and other charges under this Agreement and is a reasonable allocation of the risk between the parties. 11. TERM AND TERMINATION 11.1 Term. The term of this License Agreement shall commence as of the Effective Date and shall continue to remain in effect until the expiration of the initial term running until the end of the calendar year which contains the fifth anniversary its effective date, unless and until it is terminated in accordance with the provisions of this Agreement ("Term") and may be extended by the parties thereafter as per the procedure laid down below. 11.2 No later than one (1) year before the expiry of the initial term of the License Agreement the CITY may make a written request for extension of this Agreement by a further term of one (1) calendar year in return for payment of the applicable license and maintenance fee set down in the Appendix. Thereafter,the CITY may similarly request extension by further periods of one (1) calendar year, allowing one (I) month notice. The COMPANY may refuse extension only for a serious reason, i.e. if the COMPANY ceases to carry on its business or loses the license for distribution of the Licensed Material or the CITY commits any material breach of its obligations. Should the CITY fail promptly to extend the License Agreement, it shall end automatically upon the expiry of the then current term. The duration of the Appendices shall be determined by the arrangement made therein. In the absence of a special arrangement, the Appendices shall have the same duration as this License Agreement and shall be extended with it. City of Tucson In every case, the termination of this License Agreement shall also occasion the termination of all its Appendices. 11.3 Termination for Material Breach. 11.3.1 In the event of a material breach of the provisions of the Agreement or this License Agreement by CITY,COMPANY may terminate this Agreement and all applicable licenses,upon written notice to the CITY, if the CITY fails to cure such breach within thirty(30)days following written notice thereof from COMPANY. 11.3,2 In the event of a material breach of the provisions of the Agreement or this License Agreement by COMPANY, CITY may terminate this Agreement and all applicable licenses,upon written notice to the COMPANY if the COMPANY fails to cure such breach within thirty (30)days following written notice thereof from CITY 11.4 Termination for Change of Control. In the event of a material change of ownership, control or business purpose by the COMPANY, the CITY shall at its sole discretion have the right to ascertain the ability of the new ownership to perform under the terms of this License Agreement. Such assessment shall include interviews discussions, and negotiations with the new ownership, and shall be completed in not more than 180 days from the time that the City is made aware of the change in ownership. Based on its assessment, the CITY shall either renew the License Agreement with the new owners under the then current terms, or if the CITY is unable to be satisfied that the terms and rights can be upheld by the new ownership, the CITY may seek such replacement of functionality ("replacement") as it believes serves its interest, such Replacement to be completed in not more than twelve (12) months. While the Replacement is in progress, CITY may continue to use the software, and for the period that the CITY continues to pay maintenance, receive the level of support provided under this License Agreement. At the end of the twelve month Replacement period, this License Agreement shall be terminated. 11.5 Effect of Termination: (a) In the event of termination of this Agreement for any reason whatsoever, the rights and licenses granted to the CITY will immediately terminate and the licensee will have no further right to use the software. Within thirty (30) days after the termination, CITY must return all the copies of the software, documentation and Confidential Information in its possession or control to the licensor, or permanently destroy or disable all such copies, If requested by the COMPANY, a duly authorized officer of the CITY will certify in writing to the licensor that the licensee has taken such action. The sole exception is the right of CITY to retain CITY'S data and the COMPANY shall grant CITY a limited licenses to use the associated schema for the database in which such data exists for the purposes of transition for a period not to exceed 12 months. CITY agreed to treat such Schema as the Confidential Information of COMPANY and shall not City of Tucson (. disclose such schema to any third party without the prior written consent of COMPANY. (b) Termination shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into force or continuation in force of any provision hereof which is expressly intended to come into force or continue in force on or after such termination, (c) In the event of this Agreement being determined by whichever party and for whatsoever reason, the CITY shall be liable to make payments of the entire amount due under this Agreement for the services rendered by the COMPANY up to the effective date of termination in terms of this Agreement. (d) Forthwith on the expiry or earlier termination of this agreement, each party shall, return to the other party all documents and materials and Confidential Information, belonging to the other party with regard to this Agreement, or shall at the option of the disclosing party destroy under written certification by an authorized officer of the other party all documents or materials in connection with this Agreement in a manner that the subsequent retrieval thereof is rendered impossible by any method 12. MISCELLANEOUS l 12.1 Default and Other Remedies. Nothing herein shall preclude either Party from seeking money damages or injunctive relief to prevent unauthorized use of the Licensed Material or CITY Proprietary Material in the event of a breach of this Agreement. 12,2 Remedies. Except as otherwise provided herein, no right or remedy herein conferred on or reserved to either Party is intended to be exclusive of any other right or remedy, and each and every right and remedy will be cumulative and in addition to any other right or remedy under this Agreement or under applicable law, whether now or hereafter existing. 12.3 Injunctive Relief and Special Performance. COMPANY and CITY agree that a breach by either of them of its obligations under Article 2, Article 5, Article 6 or Article 11 may cause irreparable harm which cannot be compensated in money damages. Accordingly, COMPANY and CITY each agree that in the event either Party breaches any of the provisions in Article 2,Article 5,Article 6, or Article 11 the other Party shall be entitled to seek injunctive relief or specific performance in addition to its other remedies. 12.4 Relationship of Parties, The relationship of the Parties shall be that of independent contractors. Any employee, subcontractor or agent of COMPANY who is assigned to provide Services under this Agreement shall remain at all times under the exclusive direction and control of COMPANY and shall not be deemed to be an employee, subcontractor or agent of CITY. Neither Party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other Party, or to City of Tucson 1 represent the other Party as agent, employee, or in any other capacity, except as specifically provided herein. 12.5 Binding Effect;Assignment. (a) This Agreement shall be binding on and inure to the benefit of the respective Parties and their permitted successors and assigns. Neither Party may sell, transfer or assign any right or obligation hereunder, except as expressly provided herein, without the prior written consent of the other Party, Any assignment in violation of this Section 12.4 shall be void. (b) CITY shall have the right to assign or transfer (including by merger or otherwise by operation of law) all of its rights, duties and obligations under this Agreement to (i)any entity that is an Affiliate of CITY in connection with an internal reorganization of the business of CITY; or (ii) a purchaser of all or substantially all of CITY's capital stock, assets and business involving the line of business that primarily utilizes the Licensed Material; provided that with respect to subsections (i) and (ii), the resulting assignment shall not expand the scope of the licenses granted hereunder. The foregoing assignment shall be valid only if(A) CITY provides prior written notice to COMPANY and (B) such assignee or transferee shall have expressly assumed in a written agreement with COMPANY,the rights, duties and obligations of CITY under this Agreement. No such assignment or transfer shall operate to release CITY of its duties or obligations under this Agreement, absent an express written release executed and delivered by COMPANY (it being understood and agreed that COMPANY shall not unreasonably withhold its consent to such a release if the assignee or transferee is the operator or successor to CITY's line of business involving the Licensed Material). (c) COMPANY shall have the right to assign or transfer (including by merger or otherwise by operation of law) its rights, duties and obligations under this Agreement with the consent of CITY. CITY agrees not to unreasonably withhold consent, subject to the terms of section 11.4. 12.6 No Waiver. Either Party's failure to exercise any right under this Agreement shall not constitute a waiver of any other terms or conditions of this Agreement with respect to any other or subsequent breach, or a waiver by such Party of its right at any time thereafter to require exact and strict compliance with the terms of this Agreement. In order to be effective, all waivers under this Agreement must be in writing and signed by the waiving Party. 12.7 Notices. All notices, as required by the contract, and other communications required under this Agreement shall be in writing and sent to the address stated below,or to such other address as shall be given by either Party to the other in writing, and shall be effective: (i) upon actual delivery if presented personally or sent by express overnight courier such as Federal Express (with a signature acknowledging receipt), or (ii) seven ( City of Tucson days following deposit in the mail if sent by certified or registered mail, postage prepaid, return receipt requested. If to COMPANY: With a copy to: If to CITY: City of Tucson 255 W.Alameda, 6th Floor Tucson, Arizona 85701 Attention: Department of Procurement Telephone: 520-791-4217 Facsimile: 520-791-4735 With a copy to: City of Tucson IT Department 481 W Paseo Redondo Tucson,Arizona 85701 Attention: Contracts Administrator Telephone: Facsimile: Notwithstanding the foregoing, day-to-day communications between the Parties may be made by phone, facsimile transmission,e-mail or any other method agreed to by the Parties. 12.8 Applicable Law. This Agreement shall be governed by laws of the State of Arizona, without giving effect to the conflicts of law principles thereof. 12.9 Cooperation. Each Party to this Agreement agrees to execute and deliver all documents and to perform all further acts and to take any and all further steps that may be reasonably necessary to carry out the provisions of this Agreement and transactions contemplated thereby. Each Party shall perform its obligations hereunder acting in a fair and reasonable manner. 12.lOHeadings. The various headings and subheadings in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any provision hereof. 12.11 Severability, The invalidity of one or more phrases, sentences, sections, clauses or articles contained in this Agreement shall not affect the remaining portions of this City of Tucson Agreement or any part thereof; and in the event that one or more phrases, sentences, sections, clauses or articles shall be declared void or unenforceable by any court of competent jurisdiction or by any government or regulatory agency, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the Parties, and this Agreement shall be construed as if any such phrases, sentences,clauses and articles had not been inserted herein. 12.12 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. 12.13 Enurement. This Agreement shall enure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. City of Tucson IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the day and year first written above. CITY OF TUCSON [COMPANY NAME] 410 By: ♦ ./._ dl47A . By: Promium, LLC Name: Laura Jes / Name; Scot Cocanour Title: Contract Administrator Title: CEO Date: Date; February 16,2012 e:\city of toceon\eoftwase 1lcenae agseea,nt - with changes by client and then by dsd draft 5-14-08.doc City of Tucson Attachment A PRODUCT COVERED BY This AGREEMENT City of Tucson • Attachment B LICENSED MATERIALS(INCLUDING THIRD PARTY OR ANCILLARY SOFTWARE) 1 • • • City of Tucson Attachment C MAINTENANCE AND SUPPORT AGREEMENT City of Tucson Attachment A TARGET ENVIRONMENT City of Tucson ( i 2. Promium's Best and Final Offer and Clarification Lathan ■aou romium t • -ace From: David Riese <DRiese@promium.com> To: "Nathan Daou (Nathan.Deou@tucsonaz.gov)"<Nathan,Daou@tucsonaz.gov> Date: 1/20/2012 4:04 PM Subject: Promium BAFO Attachments: Promium TWO!.Best and Final Price Offer 20Jan12.pdf Greetings, Nathan. It is my pleasure to offer the attached BAFO for the City of Tucson's consideration. Please don't hesitate to contact me directly with any questions. Have a great weekend! Best, David B. Riese Sales Engineer I Promium 0: 877.776.6486 x221 (877.PROMIUM x 221) M:425.408.3800 P R®M I U M www.promium,tom 1.877.PROMIUM We speak the language of your lab ( January 20,2012 Nathan Daou Principle Contract Officer City of Tucson 255 W Alameda Tucson,AZ 85726 Subject: Request for Proposal No. 120349-LIMS Response to Best and Final Offer and Request for Clarification Dear Nathan, Thank you again for the opportunity to participate In TWQL's LIMS selection process. Please refer to the section below which provides clarification to your letter dated January 13,2012. We look forward to our continued dialogue. 1. Promium will be responsible for the data migration tasks outlined In the RFP which includes • Migration Strategy • Data Source Analysis • Migration Design and Execution • Testing and Implementation The Citywill be responsible for reviewing and approving the Migration Strategy and answering any questions that arise during the Data Source Analysis task. The questions during the analysts task typically involve clarification of the data fields and Input on any required data transformations. Promium estimates that a City resource would be required for 6-16 hours. This is based on past data migrations projects of similar size and scope. 2. Premium's training will predominantly take place at the TWQ lab, not offsite. Some of the training will be conducted remotely over the Internet. Promium offers a quarterly workshop on Advanced Crystal Reports formats. Clients are invited to bring specific reports relevant to their lab for completion during the course,which is held at our corporate headquarters in Bothell,WA. 3. Promium support staff frequently use GoToMeeting for remote support. 4. Promium has no objection with multiple contacts from the City. We recommend that your internal efforts are well-coordinated between individuals and departments for the most clear, expedient dialogue with Promium support staff. 5. Promium employs a multi-layered approach to support which Includes: > First line Is phone-based support. Primary support is provided by a Ilve phone-based support desk staffed by intividuals who have direct laboratory experience and extensive knowledge of Element. Immediately,the call is logged Into an online ticketing system and all tickets are tracked from Initiation through resolution. In the event that a customer is unable to reach a live technician,a tracking number is provided within an hour of the call and confirmation that their support ticket has been received. > Customers are provided with responses to all tickets within an hour and when appropriate, apprised of ongoing progress. The ticket log Is reviewed regularly by members of the support and development teams. Problems are usually resolved within 4 hours of receiving the call. The resolution may involve transferring control of the user's desktop(ie: GoToMeeting)to the support team member via a web conferencing service(with the client's express permission). Premium, LLC I 3350 Monte Villa Parkway, Suite 220 I Bothell, WA 98021 1 PI I J1 ►1 www.promium.com f ROM /Y\ I.877.PROMIUM We speak the language of your lab { > Users may also elect to directly enter a trouble ticket via the on-line ticketing system.The response for these events also follows the same response time as above, > Senior level support for escalations: Problems that cannot be rapidly addressed by the first line support team are escalated to individuals with a deeper knowledge of specific technical functionality or lab operations. This includes the department managers responsible for support,implementation,and/or development. These are escalated within 24 hours. D Management team for unresolved issues: Issues that cannot be resolved by the first and second line support team are escalated further to the management team for resolution. This includes senior executives in the company.We rarely reach this level but it it is needed it Is with 4 days of the first support call. D On-line resources:On-line self-help resources are also available for troubleshooting and addressing known Issues. B. Element offers a simple package management system within the application. Users can easily scan documents directly from within Element,eliminating the need to Install and use 3"party scanning software. PDF and image files can be attached to specific objects within Element,which allows the user and system to maintain appropriate context and clarity. Objects/features that offer document attachment include but are not limited to: dents, projects,work orders, analyses, batches,standards, and preparation procedures. Attached files are stored in a user-defined shared folder on the network. To maintain optimal database performance, no attachments are stored in the database Itself. Any attachment can be output to a paginated report. In shod, any data that is stored within Element can appear on a report. A specific folder is defined for Chain of Custody(CoC) documents. For high-volume environments, users can affix a bar code to each CoC and scan them to the CoC folder. Element will mine this folder on a routine basis, read the bar codes, and attach the CoC document to the appropriate Work Order, Similar folders can be defined for instnanents,which can be populated with chromatograms or other PDFs. Like the CoCs,these files are automatically mined and attached to the appropriate samples based on sample IDs. Element currently does not offer versioning. Promium recommends using a file naming convention to assist with version control. Promium, LLC I 3350 Monte Villa Parkway, Suite 220 I Bothell, WA 98021 2 ® 1ry,,,, {I$1if3SF'4"^ifre r 4 f A 04.-,,.../., , . "'Y - 'If ' r ON • ( 1 E t l e f ,x `I ,C t 1 t f a ' 11 tai`s ,-1�g4t`,,4 ,, 1t ;p . -I ^„w .Bk�,�'Crt k ,i ®9 4f Pf«I� I t,'dad $.trd .,j ; � I 1I -- °ice"i: A w ®� F '1 1 I >K vt iitr I� I`t l �� v Fs r1 c4n'4k;{f 9 f •1F" � I -VI I 1 ' �Il�;� , %4 ti r I l q � ' q k" r t FI -1c:2-J7-It, I� Y r IrL. 4 1. gg f � r� ®1 I ' U � ) , x'g441 ut}I t fv, L . 1 ry ®� �I (::I � tl I r �l tiF az� 't '1'k r,�jr'_,. � a�.i�E ��1 p� it .� '�"�� F I�� ��° nt ° r r ��i ., F 1 ��gg � >t, p W �' ` f *4:1.t �f 'I 1; ; y psFx d{3 7/411 4q wi } > C 5 II �i i' ''Si1 ((IIE f FYI" .� n ir � '� r K , '+E$r { 1 I.:j `x f# '"t,r' is Iy, ,. 0„. nr , I vs �` � I 11 sl 'd t 1 2 aF �.z, tl�� "fit r . it I 1 r tltl IE �I I I I Irr u N a _ u" �f r" IF' f F T h � �at, f I � -ii 1 . f it 1 .. ��r � 7 i j ', �� "` �� E �d 1 .{i CIO,t j s{t ::IEII '1 't " ' -j 9 A`'i t� ;1 i,. l 1 !t t I E 1 il 2' L E a § nI I "! ,.1 f' �f ' �f r�� a 1 I� I f { a �'illm c.w >. a 1.r 11'.r I „ 1, ,,rir t',<�.- .11-,-,,,.1c, �il, ,iii,J i �� �' � " i' „ ,,,,,,,-.2,,1,:t n 4 ,i ! f 11 1 I I � 9 } .• �., J”_a , r, II ' e 1 1 t i, s �, '� . 1 , �l„ , , ,,,,„r„.„„ d r 1 ” I ' I > I! I a 1, I N 6 ar„I [ r, I �q ii Ir; II ° u N '�� iyrr. �r 4i i �I II E � � � Inn yyI r kk - ' c i� r'41-:.lir 1 r Ll I'i pl ' ` r ! j,,.,--, 1./., .. 11i 11 11 fIII I i iS 0. el-C Ell .11 r 1 � AS Q ' [, lI IC ' 41i�5 1' f { p ' If II .I if : W ° { _ � I� c E i t a, r f � ®f u I � FII 9 N vHrY `I j if I � � c I 1 II {• R;I s �9�iI' ' �1t �! 1 I. pl'-'1,‘ s `�if s�� u2i .� 05..At RAI k ftr � i w I� n f '�;i f o iL U ' ' i t. DUO m II her 1 i .1011 OD . :`:,:. a i::' 1flH1 } ' • C WI 'I Ef h 81 ti 11 M ',v aA q5{ ;lillmIi ii dot9d . 40III 4 ^ , x3- r ,ufl I , r ' r : �1 ��1 ce P ROM I U M www.promtum.com 1.877.PROMIUM speak the language of your lab We at Promium appreciate the opportunity to participate In your LIMB selection process, and hope we've clearly demonstrated our commitment to the industry. We sincerely hope to become the LIMB of choice for the City of Tucson. Please don't hesitate to contact me directly with any questions. Kind Regards, draS David B. Riese Sales Engineer Promium 4 P ROM IUM www.promium.com 1.877.PROMIUM speak the language of your lab BEST AND FINAL PRICE OFFER PROMIUM We sped Ilu Iroyop of'/u.h, 5. Cost Costs are evaluated on a fully loaded five-year cost of ownership, All costs must be Itemized according to the proscribed table formats for details behind the summary line information. If the tables provided do not include a provision for a cost category,add it within the table. Describe the costs to Tucson Water Quality Laboratory for the following scenarios. Provide costs for application acquisition, maintenance, and estimates of server hardware/software and telecommunications costs, both acquisition and on-going maintenance. In all approaches, Include any other costs, such as data acquisition costs from previous database. Describe your assumptions for each scenario. 5.1 Cost Summary Description Total Cost$ 1. Base System Modules(excluding. Maintenance) Element is a COTs all features am Included. Promium Is providing a 10% $119,500 discount on Element Data System®which Is a savings of$11,950 2. Optional Modules in Suite(exc.Maintenance) NA 3. Optional Software from Partners. $699 One license of Crystal Reports software is required not optional. 4, Implementation Planning and Consulting $28,080 5. Data Migration $23,500 6.Training $18,720 7. Expenses $15,000 8. Software Maintenance&Support(for 5 years) If the City opts to purchase 5 yews of maintenance at the time of protect Initiation, we will provide a locked in discount of 10% off the total of the $72,900 amount of maintenance purchased ($81,000 discounted to $72,900). Please refer to the chart in section 5.1.1.7 for details. 9. Additional Software Tools or Utilities Instruments or equipment that lack a network or RS232 port (Le. Balances, pH meters) require a third party software package such as NA Win Wedge ($399 per license). However; currently TWQL has developed their own integrated software that should suffice for these instruments to be interpreted with Data Too/. 10. Hardware HP SB DL380 G7 E5520 SFE(HP ProLiant DL 380) $2943 3 x HP SB 2GB RAM 2Rx8 PC3-10600R-9 KIT $ 138 8 x HP SB 146GB 6G SAS 10K 2.51N DP ENT $3027 $6108 TOTAL $6108 Excluding Sales Taxes and Freight Costs are not included 5 P ROM I U M www.promium.com { 1.877.PROMIUM speak the language of your lab 1. Additional Services WQDB Data Feed Task Hours Cost Data Feed Strategy 24 $3960 WQDB Analysis 16 $2,640 Data Feed Design and Development 80 $13,200 Testing and Implementation 45 $7,425 Total Data Feed 165 $27,225 Customization of Required Reports In Section 8,1 of the RFP Report(s) Estimated Hours 8.1.1 DWAR Form 1—Total Coliform Rule Distribution System Monitoring 16 $2,880 8.1.2 DWAR Form 1G—Ground Water Rule Reporting Form 16 $2,880 8.1.3 DWAR Form 3—Synthetic Organic Chemical Analysis Report 12 $2,160 8.1.4 DWAR Form 4—Volatile Organic Chemical Analysis Report 12 $2,160 8.1.5 DWAR Form 2 IN—Inorganic Chemical Analysis Report 12 $2,160 8.1.6 DWAR Form 9—New Source Approval Report 40 $7,200 8.1,7 DWAR Form 8—Lead and Copper Analysis Report 24 $4,320 8.1.8 DWAR Form 16—Individual Sample Analysis Report—Disinfection Byproducts 8 $1,440 8.1.9 DWAR Form 16.2—Annual • Disinfection Byproduct Report 16 $1,880 8.1;10 DWAR Form 18A—Maximum Residual Disinfectant Level Report 16 $2,880 TOTAL 172 Hrs $30,960 SUBTOTAL $342,692 10%discount provided on Element AataSystem Software $11950 <LESS DISCOUNT> TOTAL $330,742 (Excluding Sales Taxes and Freight Costs(not included above)) 6 • P ROM I www.promium.com { 1.877.PROMIUM speak the language of your lab 5.1.1 Detailed Cost Schedules Supporting Cost Summary Provide an itemized breakdown of all software being proposed from the core system, optional modules, and third party. NOTE:If annual maintenance varies by year,provide detail In section 6.2.7 below. 5.1.1.1 Core System Modules 1. List the required modules for the base system and additional modules that are necessary to meet the City's core requirements as outlined In the Application Software section of the RFP. Annual Cost of Software Required Maintenance* Description License Fee Training (gam detailslo ) n Core System Modules Element DataSystem® (reflects 10% discount off the $107,560 $18,720 $15,625 2011 list price of$119,500) Total $107,550 $18,720 $15,625 5.1.1.2 Optional Modules in Suite 1. List the modules contained in the product suite that are beyond the City's core system requirements, and are optional purchases. Annual t o Software Requefd Maintenance" Description License Fee Training #7,details below) Optional Modules in Suite None 0 0 0 Total 0 0 0 5.1.1.3 Software from Partner or Third Party 1. List software being proposed that is provided by a third party. Annual t of Software Req red Maintenance* Description License Fee Training (give b�Iills)in 7' Software from Partner or Third Party(list) Crystal Reports(One License) $899 0 0 7 • ROMA I 1 1 A A www.promium.com ' ` �1/� �,J J�I� 1.877.PROMIUM speak the language of your tab Annual Maintenance /s only required for Element DataSystem Total $699 5.1.1.4 Implementation Planning and Consulting 1. List recommended consulting services for implementation. This should include all services that will be needed to install the modules, test, and review after go-live. Expand the description for each service if needed for clarification. Following the table,give the reasons for the recommendations. Amount in Description and Amount Person-Time Total Costs of Recommended Consulting Services (e.g. Person- hours) Planning 40 $7200 Implementation • Configuration 52 $9360 • Interfaces/Integration 24 $4320 • Testing(user,system) 40 $7200 Migration Migration Strategy 16 $2,640 Data Source Analysis 24 $3,960 Migration Design and Execution 60 $9,900 Testing and implementation 40 $8,600 Other Consulting Services 0 Total $51,180 5.1.1.5 Training 1. List training categories. Indicate if bundled or unbundled and state the cost In dollars. Be sure to break out technical training for IT support staff separately from user training costs. Training Categories—List by Audience Days Cost (Technical or User) City Specific Training development-User 8 $11,520 City Specific Training development—Technical 2 $2880 City Specific Training development—Administrative 3 $4320 Total $18,720 6.1.1.6 Expenses 1. list all relevant additional expenses such as travel supplies. Expenses Cost Travel 30 days at$500/Day $15,000 Total $15,000 8 r PROM! U M www.promtum.com 1.877.990MIUM .speak the language of your lab 5.1.1.7 Software Maintenance and Support Provide detailed costs for each module or package Included numbers 1, 2, and 3, above. Indicate any standard escalation rates. List each Installed or Supported Year 1 Year 2 Year 3 Year 4 Year 6 application Element DataSystem®per single user $625 $625 $644 $663 $683 Element DataSystem®per 25 users $15,625 $15,625 $16,100 $16,575 $17,075 5.1.1.8 Additional Software Tools or Utilities List all software that is being proposed to assist in product development, implementation, reporting,or maintenance. Software Cost of Annual Description License Fee Required Maintenance* Training Crystal Reports(one License) $699 0 0 Total $689 ( 5.1.1.9 Hardware supplied (if applicable) Hardware Configuration Ann Description Cost Cost Maintenuance al Per RFP, TWQL will Database Server(see detailed description In Item 10 above) purchase and NA configure Promiuium $6108 hardware independently 6.1.1.10 Additional Software Tools or Utilities 1. List all software that is being proposed to assist In product development, implementation, reporting, or maintenance. Not applicable. 5.1.1.11 Additional services 1. Please describe additional services offered (data migration, interface development, API for other programs, etc.)and provide pricing for each. Indicate whether each service will be one time or will be base-lined into the core application, I li 9 P RQM l U M www.promium.com 1.877,PROMIUM speak the longtime of your lab One time Service Description vs. base- Service cost lined Interface Development: WQDB Data Feed Task Data Feed Strategy 165 hrs $27,225 WQDB Analysis One Time Data Feed Design and Development Testing end Implementation Total Data Migration 140 hrs $23,100 One Time Custom Report Development 172 Hrs $30,960 One Time Total 477 hrs $81,762 5.2 Cooperative Purchasing 1. The City of Tucson Department of Procurement facilitates a program through which contracts are made available to other agencies. The City markets these contracts on behalf of participating vendors. If interested ` in participating in this program, please see section 3,1.1 of Part A, and respond to the following questions. If you are not interested fn this program,indicate that with a statement here and delete the remainder of 5.3. Yes, Promium would like to participate. 2. How is pricing extended to the City of Tucson's Cooperative Purchasing agencies—i.e., what pricing is finn? What pricing is dependent upon the participating agency's needs? Also,describe how pricing is offered for the five-year term of this contract(i.e. if an agency uses this contract in Its 3rd term, what kind of pricing can they expect, etc.)? Promium will provide a discount of 8% off the price of the Element DataSystem Software current price list to participating Cooperative agencies. Promium provides a volume discount as the number of total concurrent licenses increases, 3. Provide information on available rebates, Discuss if the City of Tucson as the lead agency on this cooperative contract will receive an administrative fee based upon other agencies' usage of this contract. Offerors should state proposed percentage, state what the fee is based on (Le.,licensing fees, services, etc.),state how usage is tracked and reported to the City, and state how/when the administrative fee Is be paid to the City. Please offer any other additional information that will aid the City In our evaluation. See Part A, paragraph 3.1.1 Cooperative Purchasing for additional information. Promium will provide a 2% fee to the City of Tucson on the amount of the software licensing fees for all purchases based on the cooperative agreement. This fee combined with the 8% discount to participating agencies totals 10% discount based on active list pricing. Usage will be tracked within our accounting office and fees will be paid on a quarterly basis. 10 P R°M 1 UM www.promium.cam 1,877.PROMIUM spnk the language of your lab 4. Please provide your payment terms. Revision of Section 5.3 Promlum will consider milestone payments on services but not for the software. Item Description Price to be Inserted Payment Schedule after final contract negotiations are complete 1 Element DataSystem Once our software is shipped software license for 25 we require full payment of the concurrent users and software within 30 days of Crystal Reports receipt of the software. Promium does not provide milestone payments for the Element DataSystem®software once it has been received. 2 Initial teleconference; 10% after Element has been Initial Project Team received by TWQL Meeting 3 On-Ste and Off-site 20%after Element has been Implementation costs loaded and onto server and all desktop clients and successful configuration of Element. 4 Train the Trainer 10%after completion of LIMS Admin training required training, End User Training and other Training sessions as needed for additional Users 5 Custom Reports&EDD 20%after custom development Development on required reports has been completed. 6 Data Migration 30%after completion of legacy And database data migration and database integration of Wad feed. Integration of Wad. 7 Final Acceptance and 10%after completion of all final "Go Live" of Element acceptance testing. DataSystem 8 Initial 5 Year(s)of If paid in advance then 10% Annual Maintenance for discount will apply to the total Element DataSystem cost of 6 years of Annual (25 concurrent users) Maintenance due Net 30 days. If paid on a yearly basis then the discount will not apply and each year TWQL will renew the contract which will be due Net 3D. 11 P ROM I U M www,promium.com 1,877.PROMIUM e speak the language of your lab 5. Method of payment.TWQL can pay with check and or Credit Card.TWQL can electronically pay as well. Ygg 1, Do you have the ability to accept payment via Visa/MC credit cards is accepted, either for the product or for support? No 2, Provide additional discounts for payment by credit card (I.e., does the use of the card entitle agencies to a deeper percentage discount off of a manufacturer's price list?)? 6. If additional discounts do apply(above), please provide the amount of discount. 5.4 Warranty & Maintenance 1. Describe your provision to defer the start of warranty until after final acceptance of the system by the City. Promium and the City of Tucson will sign off on a Test Plan for Final System Acceptance. Once this has been competed the warranty period for Element DataSystem will begin for 90 days. What level of customer technical support services and response times are provided as part of the product's basic license fees, and what additional cost services or extended warranties are available? Premium's annual maintenance contract is all indusive thus there are no additional cost services or extended warranties offered. Telephone support is available 24/7, 365 days a year.Online documentation and other support materials are available at www.promium.comisupport. Promium website is available twenty-four hours per day, seven days per week unless undergoing maintenance or repair. TWQL can designate numerous members for support from Premium. We just recommend that the lab shares their new information Internally with other TWQL staff so that all can benefit from the same resource. Support requests should be directed to: 11 Promium Customer Support(Help Desk) 425.286.9200 phone or toll free at 877-Premium (776-8486) 425.286,9201 fax or toll free at(800)878-7158 support©oromium.corij 2. Describe your problem management and escalation procedures. Include information about logging and tracking calls, mean response time, and acknowledgment and confirmation to the customer. Promium employs a multi-layered approach to support which includes: A First line is phone-based support,provided by a live phone-based support desk staffed by individuals who have direct laboratory experience and extensive knowledge of Element. Immediatelythe call is logged into an online ticketing system and all tickets are tracked from initiation through resolution. Within an hour the customer is provided a tracking number and confirmation that their support ticket has been received. A Customers are provided with responses to all tickets within an hour and when appropriate,apprised of ongoing progress. The ticket log Is reviewed regularly by members of the support and development teams, Problem is usually resolved within 4 hours of receiving the call. The resolution may involve transferring control of the user's desktop{le:GoToMeeting)to the support team member via a web conferencing service, 12 P ROA A I �M www.promium.com R (Y, 1.877.PROMIUM speak the language of your lab P Users may also elect to directly enter a trouble ticket via the on-line ticketing system.The response for these events also follows the same response protocol as above. D Senior level support for escalations:Problems that cannot be rapidly addressed by the first line support team are escalated to Individuals with a deeper knowledge of specific technical functionality or lab operations. This Includes the department managers responsible for support,implementation,and/or development. These are escalated within 24 hours. > Management team for unresolved Issues:Issues that cannot be resolved by the first and second line support team are escalated further to the management team for resolution. This Includes senior executives in the company.We rarely reach this level but If It is needed It Is with 4 days of the first support call. > On-line resources:On-line self-help resources are also available for troubleshooting and addressing known issues. 3. Are all enhancements and upgrades of licensed software delivered as part of the clients annual maintenance contract?Yes If not, explain what costs, Including consulting costs, might be required. NA ( List the typical frequency of major upgrades, minor releases and bug fixes, and state whether upgrades are cumulative, 4. Describe any discount schedules or special entitlements for the maintenance agreement. If the City opts to purchase 5 years of maintenance at the time of project initiation, we will provide a locked In discount of 10%off the total of the amount of maintenance purchased. 5. Attach terms and conditions for the warranty and extended warranty in an appendix. Please refer to attachment. 5.4.1 Extended Service Agreement 1. Provide costs for optional extension of service support beyond the required five years. Year 6 Year 7 Year 8 Year S Year 10 Annual Maintenance on $703 $725 $746 $769 $792 Element DataSystem®per user 13 P RoM I U M www.promium.com ( We speak the language of your lab 1.877.PROMIUM Element DataSystem® Maintenance Agreement 1. For License Purchase or Lease 1.1.1.1 This Maintenance Agreement(the "Agreement")is a legal agreement between the customer listed on the Promium Order document("you"or"Customer")and Promium,LLC("Promium")for maintenance and support services for the Element DataSystem software (the"Software"). Maintenance and support are provided by Promlum for the term of this Agreement. For license purchase customers, an initial one-year term is included as part of the Software license purchase. Thereafter,this Agreement shall automatically renew for subsequent one-year periods until terminated as described below. For lease customers,a Maintenance Agreement Is in effect for the duration of the lease term. 1.1.1.2 Services not explicitly described In this document are not covered by the Maintenance Agreement or provided by Promium unless otherwise specified. Such items include conflicts that may cause Software failure due to firmware or device drivers or micro code problems introduced by the manufacturer or other parties;issues arising from software programs from other vendors;computer equipment,network equipment,database software,or any other product that may malfunction unless I{ the malfunction is directly caused by the Software. 1.1.1.3 1. Technical Support Services: a. Scope:Technical support services under this Agreement are limited to the two most recent major versions of the covered Software products and are available to customers who have a valid Maintenance Agreement b. Services: Unless otherwise communicated,telephone support is available Monday through Friday, 5:00am to 5:00pm Pacific Time, not including holidays recognized by Promium.At other times, a telephone or email message may be left and Promium personnel will respond within one business day. Emergency technical assistance provided outside of normal business hours may incur additional charges. Online documentation and other support materials are available at www.promium.com/support. Promium website is available twenty-four hours per day, seven days per week unless undergoing maintenance or repair. Each Element DataSystem customer requiring support must designate at least one primary contact person to manage technical support requests. Support requests should be directed to: Promium Customer Support(Help Desk) 425.286.9200 phone or toll free at 877-Promium (776-6456) 425.286.9201 fax or toll free at(800)878-7158 support@promium.com Promium,LLC Element DataSystem®Proposal Rev:102510 14 P ROM I UM www.promium.com ( We speak the language of your lab 1.877.PROMIUM 1.1.1.4 2. Software Updates: Software updates, including Software revisions,are provided at no additional charge to customers who have a valid Maintenance Agreement, Updated system components such as executables, libraries, controls, report formats and supporting files for the covered Software products and Its companion applications are available from the Promium downloads section of the web site at www.promium.com/support. No additional tangible goods will be provided WM the renewal of the maintenance subscription. 1.1.1.5 3. Custom Programming Services Features, functions, reports, and other input or output not considered pert of core Software or services by Promlum is considered custom work. Deliverables Including but not limited to,custom programming, custom reports, proprietary electronic deliverable programs, other special program functions on behalf of the user, and other custom services, outside the original purchase agreement,may Incur additional charges as quoted by Promlum. Up to eight hours of development resources will be provided to Contract Laboratory Program (CLP)labs for specialized support as part of standard maintenance coverage but additional charges will be incurred for work in excess of the eight hours. 1.1.1.6 4. Services Not Included Promium reserves the right to charge for support or programming services that are unrelated to the direct operation of Its Software products. This includes conflicts that may cause Software failure due to firmware or device drivers or micro code problems introduced by the manufacturer or other parties. This also includes other Software programs that may interfere with Its Software products. 1.1.1.7 5. Term&Renewal This Agreement is effective for one year for license purchase customers. The effective(service start) date is as set forth below. Upon the expiration of the initial one year term (and unless otherwise terminated),this Agreement shall automatically renew for successive one-year periods unless either party gives written notice of Its Intent to terminate the Agreement before the then-current term expires. For lease customers,this Agreement is effective for the period of the lease, and it shall continue automatically provided that lease payments are timely received by Promium. 1.1.1.8 6. Payment For license purchase customers,annual maintenance payments shall be paid In advance. Costs for each renewal term are generally invoiced to you 45 days prior to the expiration of the renewal term and are due net 30 days from Invoice date. Prices are subject to change. Payment not received on or before the Payment Deadline shall be subject to a one-and-one-half percent(11%)monthly late fee. In the event that Customer fails to make timely payment under this Agreement, Promium reserves the right to terminate this Agreement and/or suspend the provision of services under it by providing Customer written notice of its election to do so. Maintenance for lease customers shall be paid In advance as provided in the Promium Software Lease Agreement 1.1.1.9 7. Billing Any services not covered under this Agreement will be billed at a rate set by Promium in its course of business. Payment for services billed shall be made within thirty(30)days of the date of Invoicing or shall be subject to a one-and-one-half percent(1%%)monthly late fee. 1.1.1.10 8. Warranty Disclaimer and Limitation of Liability a. THE PROMIUM MAINTENANCE SERVICES ARE PROVIDED"AS IS"AND PROMIUM HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES,CONDITIONS,AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRiTTEN, THAT MAY ARISE EITHER BY THE PARTIES' AGREEMENTS OR BY OPERATION OF LAW,INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FORA PARTICULAR PURPOSE,OR ( NONINFRINGEMENT, PROMIUM MAKES NO OTHER REPRESENTATIONS ORWARRANTIES Promium, LLC Element DataSystem®Proposal Rev:102510 15 PROM I UM www.promium.com We speak the language of your lab 1.877.PROMIUM INCLUDING,WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES THAT(A)THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (B)THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE,OR(C)ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. This disclaimer shall not apply to the extent that it is prohibited by applicable law. b.We will not be liable for any loss or damage caused by delay in furnishing the Software or any other performance under this Agreement. c.Our entire liability and your exclusive remedies for our liability of any ldnd (Including liability for negligence except liability for personal Injury caused solely by our negligence)for the Software covered by this Agreement and all other performance or nonperformance by us under or related to this Agreement are limited to the remedies specified by this Agreement. REGARDLESS OF WHETHER ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE,THE LIABILITY OF PROMIUM SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT OF THE LICENSE FEES PAID TO PROMIUM FOR THE SOFTWARE. IN NO EVENT SHALL PROMIUM BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING PUNITIVE DAMAGES AND LOST PROFITS, RELATED TO THE SOFTWARE OR ANY ASSOCIATED SERVICES THAT PROMIUM MAY PROVIDE,EVEN IF PROMIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. d. Some states or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages,so the above exclusion may not apply to you. In such situations, Premium's liability shall be limited to the extent permitted by law. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. 1.1.1.11 9. General If Customer breaches any of the terms of this Agreement, Premium, in addition to any other legal remedy it may have,may cancel this Agreement effective upon written notice to Customer.This Agreement or other proof thereof must be presented by Customer as valid Maintenance coverage upon request. ( In any suit proceeding or action to enforce this Agreement,the substantially prevailing party shall be entitled to recover from the other party reasonable attorneys'fees and costs and expenses in connection with such suit, proceeding or action, including appeal. This Agreement shall be governed by and construed under the laws of the State of Washington without regard to its conflict of laws principles. The Jurisdiction and venue for any suit or action between the parties shall be the state and federal courts of King County,Washington. Failure to enforce any rights granted herein shall not be deemed a waiver as to subsequent enforcement of such rights. If any part of this Agreement is found void and unenforceable, It shall be deemed severed from this Agreement and shall not affect the validity and enforceability of the balance of the Agreement. This Agreement is not assignable and the licenses granted hereunder may not be sublicensed,assigned or transferred In any manner without the prior written consent of Promilrn. Any such attempted sublicense, assignment or transfer shall be void. This Agreement together with its accompanying Quotation, Order, Maintenance Agreement and Payment Terms and Conditions, constitute the entire understanding and agreement of the parties with respect to its subject matter, and any and all prior agreements, understandings or representations with respect to its abject matter are merged herein. The terms and conditions of this Agreement prevail over the terms and conditions of any other order(such as a purchase order)submitted by Customer for maintenance services. This Agreement may be amended only by written instrument signed by both parties subsequent to the date hereof. Any terms of this Agreement which by their nature extend beyond the Agreement termination or expiration shall remain In effect until fulfilled. These include Sections 7, 8 and 9. Maintenance Contract Coverage Period: Start Date: Premium, LW Element DataSystem®Proposal Rev:102510 16 3. Request for Best and Final Offer and Clarification l CITY of January 13, 2012 f Iucsoa Lee Otis Promium,LLC CITY OF 3350 Monte Villa Parkway, Suite 220 • TUCSON Bothell, WA 98021 DEPARTMENT OF Email: Lotis@vromium.com Sent via entail, this day PROCUREMENT Subject: Request For Proposal No. 120349 — Laboratory Information Management System (JAMS) REQUEST FOR CLARIFICATION REQUEST FOR BEST AND FINAL OFFER Dear Lee, I wish to thank you, and your team,for the presentation on December 5, 2011. In order to proceed with the evaluation of Promium's proposal, I ask that you provide clarification on the following items: 1. In terms of mapping and migration, please clarify the City's responsibilities vs.Promium's responsibilities. 2. In regards to the training classes that Promium proposed in Section 4 of Part B of the RFP, please indicate whether Promium is proposing to hold the classes at the City of Tucson's Water Quality Laboratory or at Promium's facility. In Promium's response to Paragraph I under Section 4.1, it says that"all classes will be conducted onsite at the TWQ lab," but in Promium's response to Paragraph 6 under Section 4.1 it indicated that some classes will be offsite. Please clarify. 3. In terms of remote support, does Promium's support staff use a tool such as GoToMeeting for remote support? 4. In terms of support,Promium indicated under Paragraph 2 of Section 4.2.1 of Part B of the RFP that each customer requiring support must designate at least one primary contact person to manage technical support requests. Will there be any problem if the City wants to designate 4 or more people (2 or more people from the lab and 2 or more people from the Information Technology Department)? 5. During the demonstration, Promium talked about escalation procedures for problem resolution, including time frames for escalating unresolved problems to the next level. However, Promium's response to Paragraph 4 of Section 4.2.1 did not address timeframes. Please elaborate. ADMINISTRATION•DESIGN,CONSTRUCTION&SERVICES CONTRACTING MAIL SERVICES•PRINT SERVICES•PURCHASING•STORES CITY HALL • 255 W.ALAMEDA • P.O.BOX 27210 • TUCSON,AZ 85726-72W (520)791-4217 • FAX(520)791-4735 • TTY(520)791-2639 www.tucsonprocurement.com 6. Please provide a description of the document management functionality that was presented dining the demonstration. Include all 3rd party tools that are required, guidelines for sizing the filesystem appropriately, and information about how versioning is handled. 7. The Gant Chart on Page 53 of Promium's submittal indicates less than 30 days for testing and acceptance. However, on Page 65 of Promium's submittal, Promium indicated their understanding of the fact that the system has to run for 60 days without a severe error in order to pass the 60-day acceptance testing period. Please adjust the Gant Chart accordingly to reflect a 60-day acceptance testing period. In addition to clarification of the items above, I also wish to request Promium's Best and Final Offer. In order to submit your Best and Final Offer,I ask that you fill out a new Cost section, which is Section 5 of Part B of the RFP. Please consider extending any cost reductions to the City that would be possible. Additionally, I ask that you consider the following items when preparing your Best and Final Offer: 1. In regards to the administrative fee for the Cooperative Purchasing Program (Paragraph 3 under Section 5.2), Promium indicated that a 1% administrative fee"off the price of the discounted software to the City of Tucson." Please clarify. This seems to indicate that if another agency utilizes this cooperative contract, then Promium will apply a 1% discount to the amount that the City already paid for the software. Typically, and ideally, the administrative fee should be a percentage of the price that the participating agency paid for the software, as well as any annual maintenance. The City typically receives a flat 2% administrative fee on purchases made by Cooperative Purchasing agencies under our cooperative contracts. In consideration of the benefit received by participating in this program, I believe a 2% administrative fee, applied to all system purchases and maintenance purchases, would be reasonable. Please consider this. 2. Promium's response to Paragraph 1 under Section 5.3 indicates that Promium was not clear on whether the City was asking about payment milestones for cooperative agencies or for the City's LIMS at the TWQL. This question pertains to the payment milestones for the City's LIMS at the TWQL. I would like to ask Promium to consider the following schedule of progress payments when submitting their Best and Final Offer: ➢ 10%after the software package has been shipped and received by Tucson Water Quality Laboratory. > 25%after the software has been loaded onto the server and all ( desktop clients,and after successful configuration of the LIMS software. > 10%after installation and testing of customized DWAR reports listed in Section 3.2.11 of the RFP. > 20%after successful completion of legacy data migration. • 15%after successful completion of WQDb feed. > 10%after completion of required training. ➢ 10%after completion of all final acceptance testing and the system goes live. Please submit Promium's written response to this Request for Clarification and Request for Best and Final Offer by the close of the business day on January 20, 2012. Please do not hesitate to contact me with questions at (520) 837-4136, or at Nathan.Daou@tucsonaz.aov. Sincerely,"AOLa Nathan Daou, CPPB, C.P.M., APT. L Principal Contract Officer Attachment cc: David Riese, Promium,DRiese[,promium.com File No. 120349 BEST AND FINAL PRICE OFFER • 5. Cost Costs are evaluated on a fully loaded five-year cost of ownership. All costs must be itemized according to the proscribed table formats for details behind the summary line information. If the tables provided do not include a provision for a cost category,add it within the table. Describe the costs to Tucson Water Quality Laboratory for the following scenarios. Provide costs for application acquisition, maintenance, and estimates of server hardware/software and telecommunications costs, both acquisition and on-going maintenance. In all approaches, include any other costs, such as data acquisition costs from previous database. Describe your assumptions for each scenario. 5.1 Cost Summary Description Total Cost$ 1. Base System Modules(exc. Maintenance) 2. Optional Modules in Suite(exc. Maintenance) 3. Optional Software from Partners 4. Implementation Planning, Consulting, and Data Migration 5.Training 6. Expenses 7. Software Maintenance &Support(for 5 years) B.Additional Software Tools or Utilities 9. Hardware 10. Additional Services(specify) DO NOT APPLY SALES TAXES <LESS DISCOUNT> TOTAL • 5.1.1 Detailed Cost Schedules Supporting Cost Summary Provide an itemized breakdown of all software being proposed from the core system, optional modules, and third party. NOTE: if annual maintenance varies by year, provide detail in section 6.2.7 below. 5.1.1.1 Core System Modules 1. List the required modules for the base system and additional modules that are necessary to meet the City's core requirements as outlined in the Application Software section of the RFP. Cast of Annual Software Required Maintenance" Description License Fee Training (give details In #7, below) Core System Modules Total " 5.1.1.2 Optional Modules in Suite 1. List the modules contained in the product suite that are beyond the City's core system requirements, and are optional purchases. Cost of Annual Software Maintenance* Description License Fee Required (give details In Training #7, below) Optional Modules in Suite Total { 5.1.1.3 Software from Partner or Third Party 1. List software being proposed that is provided by a third party. Cost of Annual Software Required Maintenance* Description License Fee (give details In Training #7,below) Software from Partner or Third Party(list) Total 5.1.1.4 Implementation Planning and Consulting 1. List recommended consulting services for implementation. This should include all services that will be needed to install the modules, test, and review after go-live. Expand the description for each service if needed for clarification. Following the table, give the reasons for the recommendations. Amount in Description and Amount Person-Time of Recommended Consulting Services (e.g. Person- Total Costs _ hours) Planning Migration&Implementation (Break down this category) Other Consulting Services Total 5.1.1.5 Training 1. List training categories. Indicate if bundled or unbundled and state the cost in dollars. Be sure to break out technical training for IT support staff separately from user training costs. Training Categories—List by Audience(Technical or Days Cost User) City Specific Training development-User City Speaflc Training development—Technical City Specific Training development—Administrative Total 5.1.1.6 Expenses 1. List all relevant additional expenses such as travel supplies. Expenses Cost Total 5.1.1.7 Software Maintenance and Support Provide detailed costs for each module or package included numbers 1, 2, and 3, above, Indicate any standard escalation rates. List each Installed or SupportedYear Year Year Year application Year 1 2 3 4 5 TOTAL Total 5.1.1.8 Additional Software Tools or Utilities List all software that is being proposed to assist in product development implementation, reporting, or maintenance. Software Cost of Annual Description License Fee Required Maintenance* Training Total 5.1.1.9 Hardware Supplied (If applicable) C Hardware cost Configuration 3 years Description cost Maintenance Total 5.1.1.10 Additional Software Tools or Utilities 1. LIst all software that is being proposed to assist in product development, implementation, reporting, or maintenance. Cost of Software Required Annual Description License Fee Training Maintenance Total • 5.1.1.11 Additional services 1. Please describe additional services offered (data migration, interface development, API for other programs, etc.) and provide pricing for each. Indicate whether each service will be one time or will be base-lined into the core application. One time Service Description vs.base- Service cost lined Total 6.2 Cooperative Purchasing 1. The City of Tucson Department of Procurement facilitates a program through which contracts are made available to other agencies. The City markets these contracts on behalf of participating vendors. If interested in participating in this program, please see section 3.1.1 of Part A, and respond to the following questions. If you are not interested in this program, Indicate that with a statement here and delete the remainder of 5.3. 2. How is pricing extended to the City of Tucson's Cooperative Purchasing agencies— i.e., what pricing is firm? What pricing is dependent upon the participating agency's needs? Also, describe how pricing Is offered for the five-year term of this contract(i.e. if an agency uses this contract in its 3rd term, what kind of pricing can they expect, etc.)? 3. Provide Information on available rebates. Discuss if the City of Tucson as the lead agency on this cooperative contract will receive an administrative fee based upon other agencies' usage of this contract. Offerors should state proposed percentage, state what the fee Is based on (I.e., licensing fees, services, etc.), state how usage is tracked and reported to the City, and state how/when the administrative fee is be paid to the City. Please offer any other additional information that will aid the City In our evaluation. See Part A, paragraph 3.1.1 Cooperative Purchasing for additional information. • • • 5.3 Payment 1. Each milestone shall be separately accepted by the City. The City may request that progress payments be tied to milestones achieved, so indicate which milestone would have payments tied to them. 2. Please provide your payment terms. 3. Method of payment 1. Do you have the ability to accept payment via Visa/MC credit cards is accepted, either for the product or for support? 2. Provide additional discounts for payment by credit card (I.e., does the use of the card entitle agencies to a deeper percentage discount off of a manufacturers price list?)? 4. if additional discounts do apply(above), please provide the amount of discount. 5.4 Warranty & Maintenance 1. Describe your provision to deter the start of warranty until after final acceptance of the system by the City. 2. What level of customer technical support services and response times are provided as part of the product's basic license fees,and what additional cost services or extended warranties are available? 3. Are all enhancements and upgrades of licensed software delivered as part of the client's annual maintenance contract? If not, explain what costs, including consulting costs, might be required. List the typical frequency of major upgrades, minor releases and bug fixes, and state whether upgrades are cumulative. 4. Describe any discount schedules or special entitlements for the maintenance agreement. 5. Attach terms and conditions for the warranty and extended warranty in an appendix 5.4.1 Extended Service Agreement 1. Provide costs for optional extension of service support beyond the required five years. Year 6 Year 7 Year 8 Year 8 Year 10 Total • 1 4. Information provided during Promium's InterviewlDemonstration l 12/4/2011 ( CREATING AN OPERATIONAL ADVANTAGE FOR CITY OF TUCSON TWQL p4: I 1 41 PROM IUM :1, u tt r I G l t : , '. , a TWQL BUSINESS GOALS - - Replace current Seedpak LIMS • Modernize hardware,Oracle database • Web access I ( - Unite six functional laboratory units 1 �. Iaorgarn OP/ad Organics 6/SemelenemWng Mlaahblogy nHESampling Facilitate certification compliance I 75, e•x -:;q. Vii :�i PROMIVM� woim.mmn • AGENDA FOR TODAY • Background on Promlum Introduce you to Element DataSystem LIMS Answer your questions Provide Information that can help guide you through the selection process Is Pieac an'e:1 nc C su YOU WOLI<J 14:0e-.c cove? l 1 12/4/2011 STRONG CONNECTION WITH THE LABORATORY • ,' '• .TF4D.SLATES INTO Ern:1R PRODUCTS II Fhirteo.o ix"'icr-ioF,the laporMorf communiI; Rooth laboronx. 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' • ••.Th: Nd •oli,!..R! : .: . . . . . . . .,-.:* • • • • • PROMILIM (., 7 12/4/2011 Initial Database Population PRomIUM TECHNICAL IMPLFACHtAilON - -. - • Ilk • • TECHITAL ikIPLEMetli&let.1• PROJAILUA 8 12/4/2011 • r TEC FIN IC AL10 LPA TAT I D Power User fraioing'Classes and Ha ods•oro Project man.v4em,t;it Sample control f.1:rortt..or),()pet:tt'ort> • Rvitortio,.: • Quatity Asstl,Th,Ct? • • • PR511,11.• ;-.11.• IMPLEMENTATION AI • • , PROMIUM r?S:.1Ir 4..1.01!Tte“ 0 0 ') • 4 PROMIUM • 9 12/4/2011 TECHNICALIMPLEMENTATION- • Pi P End User fr.:lining Iclasses and HarcisOut • Pro./.c:. :11cl-.'; • R.—Dir 1114 • • • PROMIUM . . . ,jrTrchtrocAL,Impipc,p4mtid!..i. • PROMIUM LtMS'VALUE:MATRIX PROVIDES A;-,• • •- • • . - • , , , -.:•••'-.TRAMEWORK-ROR,EVALDATIIIG LIMS ALTERIEATIVES- • Features • Atfordable you need - .hele paomum 10 12/4/2011 _ . DID WEADDRESS You OBJECTIVES • . FOR.THE MEETING') Are there eny QUESTIONS? PROMIUm emu PR°MIUM we 4p6:11, !'ihe larviege Ia)) ‘,V\11.N.pi i urn/Aril FROMM ,.• 11 5. Promium's Response to RFP #120349 i PROMIUM ` We speak the language of your lab 1 Proposal for City of Tucson Water Quality Laboratory oc, Tins tfffij ) �;o tF� I Aiimota. I For Laboratory Information Management System Submitted by PROMIUM We speak the language of your lab Due: 27 September 2011 3350 Monte Villa Partway,Suite 220 Bothell,WA 98021 425.286.9200 Fax:425.286.9201 Toll Free 877.PROMIUM Fax;800.878.7158 www.promium.com PROMI UM We speak the language of your lab Table of Contents . 1. INTRODUCTION 4 2.QUALIFICATIONS AND EXPERIENCE 7 2.1 COMPANY DATA 7 2.2 PRODUCT DATA 8 2.3 REFERENCE INFORMATION 12 2.4 CUSTOMER FEEDBACK PROCESS 16 3.APPLICATION REQUIREMENTS 18 3.1 GENERAL REQUIREMENTS 18 3.1.1 Conformability 19 £1.2 Extensibility and Configuration 20 11.3 Integration and Modularity 20 3.1.4 Consistency and Commonality 20 , 11.5 Reporting 21 £1.6 Documentation 21 3.1.7 Quality Assurance and Security 22 11.8 User Interface 22 3.1.9 Portal Capability 23 3.2 FUNCTIONAL REQUIREMENTS 24 ( 3.2.1 Sample Management and Tracking 24 3.2.2 Sample Scheduling 24 3.2.3 Sample Receiving 25 3.2.4 Test/Analysis Administration 26 3.2.5 Work Sheet/Work Assignment 26 3.2.6 Status Monitoring 27 3.2.7 Data Validation and Approval 28 3.2.8 Chain of Custody Record 29 3.2.9 Quality Control 29 3.2.10 Laboratory Data Queries 30 12.11 LIMS Reports 31 3.2.12 Client Data Reporting 31 3.2.13 Instrument Interface Requirements 32 3.2.14 Existing Data Migration/integration 32 12.15 Other Required Functionality 35 3.2.16 Regulatory Requirements 35 3.3 TECHNICAL REQUIREMENTS 35 3.3.1 Obsolescence Prevention Strategy 35 3.3.2 System and Application Architecture 36 3.3.3 Infrastructure 37 3.3.4 Database 39 3.3.5 Business Continuity 40 326 System Management 41 117 Interfaces 44 4.SUPPORT AND SERVICES 46 ( 4.1 TRAINING 46 4.2 IMPLEMENTATION 51 Promium Response to RFP#120349 2 PROM I UM We speak the language of your lab 4.3 DELIVERABLES AND ACCEPTANCE 64 4.4 ACCEPTANCE TESTING 65 4.5 APPLICATION SUPPORT 67 4.6 KEY PERSONNEL 68 Core Project Team Resumes 71 4.7 DEFECTIVE PRODUCT 77 5.1 COST SUMMARY 78 5.1.1 Detailed Cost Schedules Supporting Cost Summary 80 5.2 COOPERATIVE PURCHASING 84 5.3 PAYMENT 85 5.4 WARRANTY&MAINTENANCE 87 5.4.1 Extended Service Agreement 87 6.ADDITIONAL INFORMATION 88 7.APPENDICES 88 7.1 Vendor Materials 7.1.1 Vendor Qualifications 7.1.2 Company Organization and Segmentation 7.1.3 Financial Statements 7.1.4 Business and Development Plans 7.1.5 Financial Rating Reports 72 Llst of Standard Reports and Examples of Key Reports 7.3 List of Exceptions 7,4 Copy of RFP and Amendments 7.5 Product Literature 9. OFFER AND ACCEPTANCE l Premium Response to RFP#120349 3 PRom IUM We speak the language of your lab 1. Introduction Promium is pleased to submit this response to The City of Tucson's Request for Proposal(RFP) No. 120349 for a laboratory information management system(LIMS)for the Tucson Water Department's Water Quality Laboratory(TWQL). In recognition of the City's goals to replace the existing Seedpak LIMS, Promium is proposing the implementation of our Element DataSystem®, a unified LIMS that is specifically designed for water and environmental laboratories. The proposal includes a 25 concurrent-user license of Element to be implemented on-site at the TWQL location. Also included are our recommendations for hardware needed to support the Element installation. We are recommending specific hardware under the assumption the City of Tucson will procure the hardware through their existing IT contracts.We expect the system to be available to go live in six months from the start date. Promlum has a long history of implementing Element LIMS in laboratories similar to the TWQL. Element is already implemented in more than fifty public laboratories—including over twenty city and municipal districts. Promium is proud to have several customers in the State of Arizona and we are very familiar with the pertinent regulations governing the State such as the required Arizona Contaminate codes used in all the reports. We already have these codes as part of our standard reporting format for many of our Arizona clients. Most recently, Promium was selected as the preferred LIMS provider for Pima County. They selected Element based on the features that will assist the county in obtaining future NELAC accreditation. . Element is a true commercial-off-the-shelf(COTS)system and offers configurability over customization. This design approach enables Element to meet most or all of the requirements spelled out by Tucson Water without extensive customization or integration of separate modules. Element DataSystem LIMS meets the prescribed TWQL technical and business requirements and directly addresses the goals of Tucson Water including: 1. Replacing the existing Seedpak system with one comprehensive system 2. Implementing an open,standards-based solution that also provides the ability to utilize current technology platforms (including the Web,database compatibility,and relevant hardware) 3. Meeting the technical needs of the six functional groups Inorganic,Organic, Microbiology units, QA/QC officer, Client services/sample receiving group,and field sampling unit. . We look forward to working with the Tucson Water on this initiative to improve information management for the Water Quality Laboratory and to better serve the citizens of Tucson. Regards, Promium, L.L.C. Scot Cocanour, CEO Promium Response to RFP#120349 4 PROMI UM / We speak the language of your lab l Introduction: The City of Tucson has stated a need to replace the 1999 Seedpak system with one system that meets the needs of the Inorganic, Organic, and Microbiology units of the Tucson Water Quality Laboratory(TWQL). Promium proposes the implementation of Element DataSystem®LIMS to address the needs of the TWQL as described in this RFP. Element DataSystem is a Windows based software application that manages the flow of samples through the laboratory,from login to final report submission. The benefits to TWQL of using Element include: • Increased efficiency: Streamlining of workflow and automation of data collection reduce the amount of effort required to login samples, input test results,track progress through the lab,and assemble and distribute reports and electronic deliverables. • Increased quality: Eliminating manual and redundant data entry, managing QC standards,and maintaining accurate electronic audit trails, strengthens the TWQL quality framework. • Increased access to infomiation:A centralized database and data repository provide real-time access to analytical and operational data. • Lower total cost of ownership: Because Element is a unified system, data flows seamlessly from one function to another. There are no additional modules to purchase or integrate. And because Element is designed to be highly configurable,may changes can be made by the LIMB Administrator or authorized users without the need to customize code. Promium has served the analytical laboratory market for over thirteen years and Element DataSystem LIMS has been selected by over 240 laboratories--including fifty Federal, State and Municipal labs (with implementations at seven of the ten EPA Regional labs). We have several customers in the State of Arizona but of particular relevance for the City of Tucson is the Pima County Regional Wastewater Reclamation agency/Compliance Regulatory Affairs Office(CRAO)which selected Element to enable CRAO to achieve NELAC certification for the new Central Laboratory Complex Element has been in deployed in many commercial labs in Arizona which electronically report to Arizona Department of Health Services,Arizona Department of Environmental Quality and U.S. EPA Region 9. Promium is already aware of the required reporting formats and understands that even though Arizona is not a NELAC accredited state they may want to follow similar regulatory requirements in case accreditation needs change. To meet the City's needs, we are proposing a solution that includes 25 concurrent user licenses of Element DataSystem LIMS, selected hardware, user training,and software implementation. With a dedicated Project Management team assigned to this project,we expect to install, implement and train users within a four to six month time frame. Element is designed and developed based on NELAC, ELAP and GALP regulations and standards such as ISO 17025 and other state and municipal regulatory frameworks. Element is designed to work with environmental compliance analytes, EPA and Standard Methods 20th Edition,as specified in 40 CFR Parts 136 and 141 of the Federal Register, and Physical/Chemical Methods, SW 846. CAS Registry Numbers and ADEQ contaminant codes. Utilizing a unified approach to product architecture Element includes all core functional components in one system. Them are no additional modules to purchase,integrate or maintain. This approach not only creates a favorable total cost of ownership for the City,but makes it easier to Implement and upgrade the system. Element employs a centralized database and a data repository for information storage. The Element application is deployed to the desktop for lab technicians, project managers, QA,the management team,and other lab personnel. Element is also capable of transferring data to and from external systems as generally described in the technical requirements matrix. Promium Response to RFP#120349 5 PRom IUM / We speak the language of your lab l Using a widely adopted standards-based Microsoft platform technology, Element is highly configurable. Using tables and check-boxes, many modifications to the system can be implemented without changes to the software codebase. Element is compliant with commonly used versions of Microsoft software and supports the Oracle and Microsoft SQL database. Element also incorporates Crystal Reports from SAP,the industry standard report writing engine, to provide pre-defined and customized reports. Element includes instrument interpreters for all major analytical instruments that create a digital output. These interpreters enable the DataTool functionality within Element to automatically upload Instrument results for review. In addition to supporting the Instruments listed in the RFP, Promium generally provides interpreters for new instruments at no additional charge as a benefit of the annual maintenance plan. At the pm-bid meeting on September 14, 2011 it was mentioned that there might be additional Instruments added to the lab. Since our installation includes all instruments to be brought online we expect to add these as well. Promium will also offer different strategies for migrating Seedpak data into Element or into an historical database repository. Promium Response to RFP#120349 6 N s a 0 m Da 7 n m m m R PROMIUM We speak the language of your lab 2. Qualifications and Experience Please provide the following information as the presenter of this proposal. Also, provide the same information for each business entity, other than the presenter, which serves as a primary developer/provider of the products, product implementation,and support services represented with this proposal. 2.1 Company Data 1. Name,corporate address, and number of years in business under current company organization. Promium, LLC, 3350 Monte Villa Parkway, Suite 220, Bothell,WA 98021. Established 1998 2. Documentation illustrating the company organization, segmentation and ownership (to be included in original copy,Appendix section). Certificate of incorporation attached 3. Type and number of employees committed to the product and support being proposed. All employees involved with Element DataSystem LIMS implementation,support,and development are chemists and/or IT professionals. Promium staff of 22 professionals come primarily from the laboratory environment. Subcontractor Astrix employs an additional 190 professionals. Astrix is responsible for Data Migration and the WQDB Data Feed. The resumes of all of key individuals involved in the project are provided in the proposal. 4. Audited financial statements for the three most recently reported years (to be included in original copy, Appendix section). Information available as confidential only.See Appendix. Promium is a privately held company and does not publish audited financial information. Estimated sales for 2011 will exceed$3 million,and Promium has experienced successive years of growth and profitability. All other financial data is confidential. 5. Business and development plans for all product and support services proposed in connection with this submission(to be Included In original copy,Appendix section). 6. Copies of the most recent financial rating report issued by an investment credit rating agency such as Moody's Investors Service, Standard and Poor's, etc. (If applicable • to be included in original copy, Appendix section). Not applicable 7. Breakdown of revenue between new license fees, maintenance, and upgrade charges for last year for the product(s)being proposed. Promium Response to RFP#120349 7 PROMIUM We speak the language of your lab Note: Promium does not impose"upgrade charges? All build and version releases are available under the maintenance agreement. Please note this Information is confidential. New License Fees _Maintenance Implementation Other 1,287,172 1,245,672 422,760 93,965 2.2 Product Data I. What is the name and current version of the product(s)being proposed? Element DataSystem LIMS,version 6.8.0.2024 2. How long has each product component/product suite being proposed been on the market and in production status at an organization of our size and/or line of business? Product Component/Suite Time on Market Release date of most current version Element Over 13 years 9/15/11 3. Briefly list a three year history of software releases for the product being proposed (include dates, versions,and major enhancements for each release). Product/Version Date Major Enhancements Element 6.09 09/30/2011 Added ability to automatically post WO/Sx data to the repository from the Samples screen, added NELAC MethodlD and NELAC Analyte ID fields, added functionality to create Monthly Invoices based on Billing Code instead of PO Number, added Work Order based pdfs, in addition to COC pdfs, Added context (right-click) menu to the Days / Weeks / Months frames on the Build Schedule tab with Check All and Uncheck Ali entries, Element 6.08 06/06/2011 Enhancements to Bulk Edit import/export functionality, enhancements to Field Data import/export functionality added 'Reportable' and 'Reviewable' status to indicate whICh Analysis statuses are valid for Reportable and Reviewable Work Orders when automatically assigning these statuses, Execute action query defs for additional print databases, added option to automatically posted data to the repository from the data entry screen, Added functionality to create an Access table in the output.mdb from a SQL query created on the SQL Query dialog, Added the ability to open and create a Field Data batch from the Work Order dialog, Added ability to run a Preprocess EDD before creating a crystal report when spooling, Added support for Promium Response to RFP#120349 8 PROMIUM ( _ We speak the language of your lab l multi-page scanning, Added a Sync option for flag labels that keeps project-level flag labels synced with analysis-matrix level flag labels Element 6.07 01/21/2011 On the Route Sheet Spooling and Bottle Order Spooling dialogs reorganized the dialogs to provide more user friendly user interface. Added checkboxes to control whether specific reports and EDDs are run, On disposal dialog added direct entry text box for manual or scanned label input of container values, Added CRM Data button to Client screen. Button gives the user the option of Importing/Exporting the Client and Client Manager data between Element and CRM, Added support for scanning documents from TWAIN devices and saving them as database- stored images or file-based PDFs. Element 6.06 09/2012011 Added color information icons to Report, Sequence, Project dialogs, Added Help button and dialog explaining allowed variables and operators that can be used for building s UNC Equation, Added the ability to run a preprocess EDD that is executed after the output.mdb is created, but before any other reports or EDDs are executed,added admin functionality for renaming a Client Manager, Modified the behavior of the ( Data Entry process so that when a valid qualifier is detected in the InitialResult field of the Data Entry table, that qualifier is automatically posted to the database for its associated Analyte. A numeric data value BEFORE the qualifier is taken as the Result. Any text or value in the Analytelnfol field is taken as the [Custom Value) for the Qualifier,Work Order</b> dialog: Added a field which can contain one or more email addresses associated with the work order, Added the MDL button which allows DataTool produced MDL studies to be loaded and updated to the selected Analysis Analyte, Added a grid-based tool on the control chart dialog so users can review a large list of control limits, Element 6.05 06/29/2011 Added an ordering tab to the Consumables dialog where the user may add, edit or delete orders and order items, added Field Data Import/export functionality, added new Line Item type called Extended(percent). Element 6.04 06/15/2010 Added Qualifier functionality to the Bid dialog similar to the existing qualifier functionality on the ProjectSample dialog, option added GSXPDFSERVERLOCATION option, which allows specification of a directory in which the GSLITE.exe, XPDF.zip and UNZIP.exe files may be found,the schedule settings are now saved to the new field ScheduteParms in the Project table, Promium Response to RFP#120349 9 PR°MI UM We speak the language of your lab The PDF processing repagination settings now have a set of unique document ID options. The interface of repagination settings has been modified to add an explicit Save button so the settings can be saved without executing a PDF Package, a new feature has been added that automatically renews project schedules on an annual basis. Element 6.03 05/18/2010 Added support for multiple automatically assigned pre-analyses and post-analyses,Added a new feature to the Report dialog so users can select a date range along with multiple clients and projects to populate the WorkOrder list for the Report dialog. Once selected,the settings for the list can then be saved and recalled for later use, On the Disposal screen added browse buttons for client, project and work order, Added Bottle Order Due Date to project schedules, Added a checkbox CC PM to Project Report Options grid that, when checked, triggers the email to be copied to the project manager,Added a new popup dialog (palette picture on button) that is called from various screens to display the colors used on the associated dialog along with their meanings, Added a checkbox labeled &quot;Allow Hard Copy&quot; to control printing/non-printing of hard copy reports on a project basis, Element 6.01 07/14/2009 Added display of tasks for Element6.exe under Application Info section of the Support area of the Promium website, Added PDF package management option to all print dialog functions, On the VersionUpdates tab of the Primary Database Setup screen added a Description of the Version Update, Added PDF Package functionality to PDF/Image processing form, On Route Sheet screen add *"ALL`* selection to Route Sheet dropdown, Project Limits allows for project based regulatory limits at the Analyte/Report Matrix level. Multiple limit sets may be defined for a single project(e.g. NPDES, NELAC, etc.), Added Audit Trails on the Bid screen, install GhostScript/XPDF utility packages and document package management code will use GhostScript/XPDF for processing if installed, Added a new 'Linear Range' field to the AnalysisAnalyte dialog and associated data tables throughout the program, Added 'Jump-To' features (hyper-link labels and dbi-click features) to the Bid and Invoice dialogs, Added Email button/functionality to PDF viewer, Added a new Limit of Detection (LOD) field to the program in support of DoD QSM4.1 compliance, Added ability to copy a schedule from another project, Promium Response to RFP#120349 10 PROMIUM / We speak the language of your lab l Project Field Data allows you to enter field data unassociated with a sample (flow, rain fall, etc.), On Sequence screen added Export button to export sequence sample data to Excel or CSV file, Updated the Version processing logic In the report generation routines to 'distill' the Analyte Alias values from multiple versions within customized Projects so that an Analyte Alias can be assigned to Analytes on QC Samples, Added ability to copy Master Projects to the same or a different Client, added the Copy All button to Copy Master and Child Projects to a Different Client, Modified the Case Narrative template and Editing dialogs to include a text editor with formatting features such as bold, italic and justification, Upgraded the print engine within the program to Crystal Reports version XI, Included a new PDF viewer component which does not rely on Acrobat components,Added Operational Data screen for entering plant data, Added dual monitor support for Element main menu bar and all screens,Added hard copy printing of PDFs to Report Spooling, Element 5.06 03/30/2009 Added MinimuminvoiceClient feature, added ability to use wildcards in email text and email subject, added ability to PostToRepository during spooling, added ability to reset control limits on data entry screen, added no rounding option to AnalysisMatrix dialog, added dragldrop case narrative builder, added batch, sequence and sample qualifiers, added Dashboard functionality MintMiner 2.5.7 10/13/2010 Added automated scanning of multiple sequence (data)folders. MessageManager 3.1.0 11/15/2010 Added csv output option MessageManager 3.0.5 10/01/2010 Added optional zip specification for result files of query tasks. MessageManager 3.1.4 09/10/2010 Enabled XML, Excel, PDF output options for attachments. MessageManager2.17 08/10/2010 Added option under Email Configuration to suppress the call to the MAPI function ResolveName MessageManager 2.16 07/22/2010 Added support for FacilityCode specification. MessageManager 2.15 06/15/2010 Added error field and modified handling of email address errors MessageManager 2.14.510 02/18/2010 Added detection of previous instance running on same machine. MessageManager 2.14.509 08/27/2009 Added support for trace logging of email send process MessageManager 2.14.505 07/07/2009 Added text field to display SQL of selected query (SQL selection only) Promium Response to RFP#120349 11 PROMIUM We speak the language of your lab 4. What are your plans for future releases? Most development work is currently focused on the release of Element 7,which results in a change in the code base from VB 6 to VB.NET. Version 7 is expected to be released In approximately 12-18 months. 5. Indicate research and development spending for the product(s) being proposed over the past three years. Please treat this information as confidential. Element Development 2008 2009 2010 R&D$ 420,854 450,775 481,831 %of revenue 16.4 16.8 15.8 6. With what government standards/regulatory bodies do you comply? NELAC,GLP, QSM4.1, DoD 7. What portion of the product being proposed was developed internally vs. acquired or contracted? No outside contractors were used in the writing of Element. All development is done internally. 8. List any software companies that resell/repackage the product being proposed, and provide the name under which it is resold/re-packaged. None 2.3 Reference Information 1. How many Municipal Laboratories/Environmental Labs are currently using the product being proposed? All of our 240 clients are Municipal Laboratories and/or Environmental Labs. All of these clients use Element DataSystem. Table El displays Promium installations for the last 12 months. The version for each client was Element DataSystem Version 6.0. Since then clients have had the opportunity to automatically upgrade to Version 6.08 which is included as part of their Annual Maintenance. The total number of clients contracted to date are approximately 240 clients. Promium Response to RFP#120349 12 PR°M1 UM We speak the language of your lab Table El Promium Installations Last 12 Months - - , nook • , . 0,66 Edgar Morrison Advanced Technology Laboratories 562-989-4045 edgar@atiglobal.com 3275 Walnut St. Signal Hill,CA 90807 Emanuel Hignutt Alaska Department of Environmental Conservation 907-375-8200 Emanuel.Hignutt@alaska.gov 5251 Hinkle Road Anchorage,AK 99507(*) Jerry King Midwest Laboratories—Omaha 402-3347770 jerry@midwestlabs.com 13611 B Street Omaha,NE 68144 Nick Fullerton Green Analytical Laboratories 970-247-4220 nick.fullerton@cardinallabsnm.com 75 Suttle Street Durango,CO 81303 Jac Padgett Environmental Certification Labs,Inc, 812-696-5076 jpadgett@eclabs.org 11422 US Hwy 41 N.Farmersburg,IN 47850 Jon Mink Trace Analytical Laboratories,Inc{*) 231-773-5998 jirank@trace-labs.com 2241 Black Creek Road Muskegon,Mi 49444 Kathy Johnson Oilfield Environmental&Compliance(*) 805-922-4772 kJohnson@oecusa.com 307 Roemer Way,Suite 300 Santa Maria,CA 93454 Laura Bonjonia Envirodyne Laboratories,Inc 281-568-7880 laurab@envirodyne.com 11011 Brooklet Dr Suite 230 Houston,TX 77099 Robert Coleman Oak Ridge National Laboratory 865-574-2925 coiemanrl@ornl.gov PO Box 2008,Building 2008,MS-6041. Oak Ridge,TN 37831-6041 Daniel Miguel Accredited Analytical Resources(PAR) 732-969-6112 dmiguel@accreditedanalyticaLcom 20 Pershing Ave Carteret,Ni 07008 Peggy Penner Tampa Electric Company 813-630-7490 papenner@tecoenergy.com 5010 Causeway Blvd.Tampa,FL 33619 Anne Norris Rogers&Callcott Engineers,Inc. 864-232-1556 a nne.norris@rogersandcallcott.com P.O Box 5655 Greenville,SC 29606 Ewa King Rhode Island Department of Health Laboratories 401-222-1999 50 Orms Street Providence,RI 02904 Mike Baumgardner McCoy&McCoy Laboratories, Inc. 270-824-2202 m.baumgardner@mccoylabs.com 825 Industrial Rd.Madisonville,KY 42431 Cory Koons Maryland Spectral Services,Inc. 410-247-7600 shamner@mdspectral.com 1500 Caton Center Dr Suite G Baltimore,MD 21227 Sue Kon Ri Lee Group, Inc.(RJLG) 509-545-4989 skon@rjig.com 350 Hochberg Road Monroeville,PA 15146 $S4 U1e4 Forlthplemçhtati6n this summer/Fall 2011. Barbara Escobar Pima County Regional Wastewater Dept 520-579-6182 Barbara.Escobar@wwm.pima.gov 7101 North Casa Grande Highway Tucson,A2 85743 Lynn Adsit Lansing Board of Power Water and Light 517-702-6372 Ila@lbwi.com 830 E.Hazel Lansing,MI 48912 Promium Response to RFP#120349 13 PROMI UM / We speak the language of your lab l Erin Grafton AWWS (903)662-4133 awwslnc@gmall.com 695 Shady Lane Hallsvllle,DC 75650 Table AZ Astrix Environmental Client List Gflettt )T C:�ntact i)r�lett �rntat s Hampton Roads Sanitation District Ronnie Combs Patty Lee 1436 Air Rail Avenue Virginia Beach,VA 23455-3002 757-460-4212 757-460-4213 Los Angeles County Sanitation Districts Kurt Rinaldi Chris Wissman 1955 Workman MIII Road,P.O.Box4998,Whittler,CA 90607 562-908-4288 562-9084288 City of Los Angeles,Environmental Monitoring Division Minh Nguyen Jeff Beller 12000 Vista del Mar, Playa del Rey,CA 90293 310-648-5120 310-648-5262 Washington Suburban Sanitation Commission Reggie Thorpe Clarence 12245 Tech Rd. Silver Spring, MD 20904 301-206-8471 Beverhoudt 301-206-7575 Clark County Water Reclamation District Devon Morgan Devon Morgan 5857 Flamingo Road Las Vegas, NV 89122 702-285-0989 702-285-0989 Austin Water Utility Susan Davis Susan Davis P.O.Box 1088 Austin,TX 78767-8838 512-972-1404 512-972-1404 Anne Arundel County Noelle Noelle 437 Maxwell Frye Road,Millersville, MD 21108 Anuszkiewicz Anuszkiewlcz 410-222-7931 410-222-7931 2. Please provide a list of all municipal laboratories (or comparable) installations, within the last three years, in metro areas over 250,000 in population, with contact names, positions, e-mail addresses, and telephone numbers. If there are any municipal laboratories that do not want to be a reference site, please so indicate. The City will select at least three references from this list to contact. (Offerors may submit the list of clients on the original copy only.) If the City is not able to reach a reference using the contact information provided,the contact will be considered an unfavorable reference. Phone numbers and emails are provided for clients willing to field requests from prospective clients. Promium Response to RFP#120349 14 PROM IUM / We speak the language of your lab l Table E2 Promium Installations Last 12 Months tltt8ilen> Phare Emanuel Hlgnutt Alaska Department of Environmental Conservation 907-375-8200 Emanuel.Hfgnutt@alaska.gov 5251 Hinkle Road Anchorage,AK 99507(•) Robert Coleman Oak Ridge National Laboratory 865-574-2925 colemanrl@ornl.gov PO Box 2008,Building 2008,MS-6041 Oak Ridge,TN 37831-6041 Peggy Penner Tampa Electric Company 813-630-7490 papenner@tecoenergy.com 5010 Causeway Blvd.Tampa,FL 33619 Ewa King Rhode Island Department of Health Laboratories 401-222-1999 50 Orms Street Providence, RI 02904 Josh Kathrinus,Lab Manager American Bottoms WWTP 618-337-1710 joshk@americanbottoms.com Aurora Shields City of Lawrence, KS 785-832-7817 ashields@ci.lawrence.lcs.us Charles Lytle,PhD City of Portland,OR 503-823-5568 charlesl@bes.ci.portland.or.us Elizabeth Turner,Lab Manager North Texas Municipal Water District 972 442-5405 Ext eturner@ntmwd.com 535 Jeffrey Brenner,Environmental Minnesota Department of Health 651-201-5353 Laboratory Supervisor Jeffrey.Brenner@state.mn.us Therese Spence,LIMS Administrator City of Vacaville,CA 707-469-6432 tspence@cityofvacaville.com Lori Zboralski,Senior Analyst City of Tacoma,WA 253-502-2133 City of Abilene,TX Eugene Water&Electric Board,OR Florida Power&Light,West Palm Beach,FL Florida Power&Light,Miami,FL Guam Waterworks Authority Louisville Water Company City of Bend,OR City of Corvallis,OR City of Delray Beach, FL City of Jacksonville,FL City of Lakeland,FL City of San Diego,CA City of St.Petersburg,FL Promium Response to RFP#120349 15 PROMIUM We speak the language of your lab City of Titusville,FL City of Wichita Falls,TX NJ DEP Barbara Escobar Pima County Regional Wastewater Dept 520-579-6182 Barbara.Escobar@wwm.Dima.gov 7101 North Casa Grande Highway (New imDlementationl Tucson,AZ 85743 Lynn Adsit Lansing Board of Power Water and Light 517-702-6372 Ila@lbwl.com 830 E.Hazel Lansing,Ml 48912 (New Implementation) 3. What is the average size of municipal laboratory (population/employees) where the product being proposed is Installed? Approximate average population:215,000 Average number of concurrent users: 22 24 Customer Feedback Process 1. Do you have a user group or groups for the product being proposed? If so, list the contact names, phone numbers,website, and addresses. Weekly conference call meetings are held between the 7 EPA Regional Laboratories using Element DataSystem LIMS. US EPA Regional User Group Manager: Robin Costas Costas.Robinaiepamail.epa.aov EPA Region 3, Ft. Meade, Md,410-305-2659. For the remainder of our customer base, Promium plans four or more regional user groups annually,the cost of which is covered under the maintenance contract. There is no discrete membership—rather, invitations are offered to all Element users under maintenance agreement. The user group is facilitated by members of the Promium support team. 2. Is there an active Users'Group for clients that have your products installed? Yes 3. Is the Users'Group managed independently? Promium manages the User Groups. 4. Is your company represented at Users'Group meetings?YES 5. Does the Users'Group hold an annual meeting for all members?YES 6. Where are regional Users' Groups meetings held closest to the City? We are planning one in Tucson,AZ Spring of 2012. Promium Response to RFP#120349 16 PRom IUM We speak the language of your lab 7. What role do Users'Groups or Users play in modifications to the product? All user groups generate dialog and input concerning product enhancements.To facilitate dialog, a representative from the development team is typically present In addition to members of the support and sales staff. Many Element enhancements were a result of the user group meetings. These and other general customer suggestions are entered into a feature request database and reviewed as part of the normal support and product development process. t l Promium Response to RFP#120349 17 GGy b O L C z C 5 PROMIUM / We speak the language of your lab 1 3. Application Requirements This section includes the specific evaluation criteria that the City will consider in the evaluation of proposals received. Offerors shall respond to all requirements in the order in which they are presented. Response to requirements in each section will be requested in two formats: 1) a written, narrative response (one to two paragraphs) to questions/requests, with each answer to be inserted immediately after the corresponding question, and 2) a single letter response to an "Ability to/provision for" phrases. These appropriate single letter responses are: Y (Yes), N (No), M (Modification), F (Future) or T (Tool). The explanation of these response letters is: Y Yes-the product has this ability in the current version. N No -the product does not have this ability in the current version. M Modification -The Offeror will make a modification (as opposed to a configuration)to current version capabilities to specifically address this requirement F Future-there are explicit,documented plans to include this ability in future versions. T Tool -there is a third party tool supplied with the product and/or database that can provide this ability in the current version. If the response to a requirement needs an elaboration or explanation, a brief explanation may be Inserted immediately after that requirement. All "N" and "M° responses must be explained. All "T" responses must describe the specific tool(s) required. All requirements refer to whether your system can perform or provide / the function automatically or electronically. t 3.1 General Requirements Response to requirements are requested in two formats: 1) a written response to a question/request if present, and 2)a single letter response of Y, N, M, F,or T to the"ability to/provision for" phrases. Insert your responses to each question into an electronic copy of this document, using Arial Italic,font size 10. 1. For the product being proposed, when was it first designed, and if there has been a major re-design, when? Promium has been in business for over 13 years and Element Datasystem LIMS was developed in 1998. Various platform and technology enhancement have been made over the years but the core architecture has been in place for over five years. The most recent major feature release was in July of 2009 when a broad array of functionality was added. 2. If the product being proposed has been re-designed, what were the tangible goals of re-design, and what are the resulting major improvements or changes? Be specific as to what has been re-designed to meet the missions of government entities today. Element has not required a major re-design in recent years. While the continuity of the architecture has remained consistent,a number of new features have been added to keep pace with new regulations and client requests. Examples of major changes include the addition of parent/child projects,a data repository to allow quick access to older data, support for new standards from the Department of Defense, new web-based client access capabilities, and numerous additions to EDD/SEDD templates. Promium Response to RFP#120349 18 PRoMI UM We speak the language of your lab ( 3. Describe the method your development organization uses to periodically evaluate the business processes that the product supports. Promium Sales Engineers, Support Engineers,and Development Engineers meet regularly with customers and prospects to gain input into new processes and potential product development priorities. In addition, Sales Engineers and Company Executives attend industry conferences(NEMC,TM,ACIL, etc)to keep up to date on the latest discussions regarding laboratory operations and regulatory compliance. Further,because Element LIMS is installed in seven of the ten EPA regional laboratories, Promium is often at the leading edge of implementing functionality to satisfy new federal regulations. 4. What steps are taken by your development organization to ensure that regulatory changes from federal, state, and local government agencies and other regulatory organizations are addressed and distributed in software revisions as soon as possible? Please see answer for#3. 5. Describe in terms of the overall system design the aspects of control and auditing. The system should not preclude, by way of its own design, the assessment of control aspects, compliance, electronic evidence, vulnerability, and data reliability. Access to the Element application is controlled through user/password login. Database and Element user passwords are stored in the primary database in encrypted form.A combination of proprietary and industry standard encryption formats are used. Each users has an associated set of permissions which control access to individual menu items and screens in the application. A user's permission to a particular item can be set to View/Edit/Neither (no access). User permissions are set from a central location in the application under Database/Admin. Changes to the majority of the data in Element are tracked in a set of Audit tables in the Element primary database.Audit records from these tables can be searched and view from the Audit Trail screen in the application. In addition the Audit records for individual screens can be viewed from each screen. Audit records include fields for the date of the change,the user's initials and the before and after values. Elements Audit Trail functionality is completely independent of and does not use or rely on any change tracking functionality inherently provided by RDBMS. Additional product information such as product literature, brochures,web-site addresses, CD-ROM disks, user manuals,or system administrator manuals may be included in an Appendix. 3.1.1 Conformability _Y 1. Ability for Tucson Water Quality Laboratory to create and define data fields to accommodate legal requirements or regulatory changes. _Y 2. Ability to incorporate regulatory agency definition and rule changes in a highly responsive, non-intrusive and timely update process. Promium Response to RFP#120349 19 PRoMI UM We speak the language of your lab l 3.1.2 Extensibility and Configuration _Y 1. Ability to easily make changes using parameter tables without modifications to the source code. _Y 2. Ability to allow for configuration to business rules, work flow, and user interfacing through the use of tables, templates, definition files, lists, parameter flies, or other extensible data structures. _Y 3. Ability to retain configuration performed using extensible provisions whenever new versions of the application software are installed. _Y 4. Ability to control and configure system applications through user-definable and user-maintainable tables of codes. _ 5. Ability to ensure through version tracking and control that modules remain compatible as selected modules are upgraded. 3.1.3 Integration and Modularity _Y 1. Ability to navigate from screen to screen with minimum keystrokes and mouse clicks, and with minimum difficulty. _Y 2. Ability to navigate directly from any screen to any other screen required to complete an interactive process task without having to go through unused screens. _Y 3. Ability to upgrade any component without having to upgrade components not affected by the upgrade Y 4. Ability to upgrade routines or sub-routines within a component without having to upgrade the entire component 3.1.4 Consistency and Commonality _Y 1. Provision for any single point of data collection where newly entered data is recorded in a way that make it reflected throughout the application without requiring re-entry of the same information. _Y 2. Provision for consistent tools for configuration in all components. _Y 3. Ability to easily define business rules that are shared throughout the application. _Y 4. Ability for users to view consistent names,titles,and layouts on screens and reports. _Y 5. Provision for all components to use consistent navigation features. _Y 6. Provisions for screens and reports with similar organization in presentation of the data. t Promium Response to RFP#120349 20 PRom IUM We speak the language of your lab 3.1.5 Reporting 1. Include in the Appendix section a list of all standard reports,with select examples of reports. 2. Describe whether reporting Is performed against a data warehouse or data mart,versus against a live or in-production table. Reporting with the LIMS is done by extracting pertinent information from the main database into a local reporting database and then running the report against the local data. 3. Describe the report writers and reporting methods that are available for the proposed product(s). Element uses SAP Crystal Reports as its report writer. This industry-standard program is smoothly integrated within Element to allow for any comprehensive report—including full CLP reports. Element may also export data into Microsoft° Word, Microsoft Excel or other reporting tools as the end user wishes. _Y 1 Ability to produce comprehensive management reporting for all areas within the organizational . process _Y 2 Ability to produce both standard and ad hoc reports. _Y 3 Ability to allow for the use of standard statistical packages so that research and analysis can take . place. _Y 4 Ability to design and implement both on-line ad hoc queries and batch reporting programs as . required by user. _Y 5 Ability for report generator to allow user to select data, choose fields,and create calculated fields. _Y 6 Ability to reconcile reports from different components in the system. _Y 7 Ability to extract data to another tool,such as EXCEL or a report writer. 3.1.6 Documentation Y 1 Provision for web-based online documentation _Y 2 Provision for all documentation to contain comprehensive troubleshooting flows,glossary, index, . table of contents, example illustrations,and steps for important transactions a user or application administrator might conduct. Y_ 3 Provision for well-written, comprehensive, and detailed documentation that serves as a complete . technical and user reference library of the application. _Y 4 Provision for a documentation distribution service that indudes on-line media and hard copy that . match in content and the most recent version release. Promium Response to RFP#120349 21 PROMI UM / We speak the language of your lab l 3.1.7 Quality Assurance and Security 1. Do you have a product development quality assurance/management program? Briefly describe. The development group uses an internal application called ProDev to track development tasks and revisions. Each task has a description,status and developer associated with it,along with the projected release number. Progress on tasks associated with each release are monitored at a weekly development meeting. The following testing Is done prior to each release: • Revision testing: each of the new features, modifications and bug fixes in the release is tested against the three supported database types (SQL Server, Oracle, Access). This testing is often performed by Support or Implementation. If a particular revision test fails, the revision/task is reopened and assigned to Development as a Debug task. • Regression testing: the current release is tested using a standardized process to ensure that existing functionality has not been affected by the addition of new features, modifications and bug fixes. The standardized process is defined in a scripted spreadsheet which is used to define the test processes and record results of the testing. The regression tests begin with addition of a new Client and Project and go through all the steps necessary to login samples, enter data and generate reports. This testing is performed by Development. If a particular regression test fails, a new debug task is created and assigned to Development. • Installation testing: When a new installation disk is compiled it is tested against several supported operating systems. Currently these include Windows XP Professional and Windows 7 Professional. This testing is performed by Development. A number of virtual machines with various operating systems are maintained for installation testing. 2. What methodologies do you use for security testing your products? Briefly describe. Element is not a web-based application and is not tested for security vulnerabilities. ClientConnect (web based component)has been tested for security vulnerabilities. N 1. Do you review security at each phase of the software development lifecycle? No, security is not reviewed at each phase of the software development. _N 2. Do third parties conduct security assessments on your products? No, Promium does this internally and does not employee a third party for this testing. _N 3. Do you have security squads that attack your products prior to release? No,this is tested internally but not at every release or by a third party. _Y 4. Do you use automated tools for security testing or code review? 3.1.8 User Interface _Y 1. Ability to customize individual user menus to only show the options a user has the security to access. _Y 2. Ability for non-technical users to create ad hoc queries to extract data from all functional areas of the system at the same time. Promium Response to RFP#120349 22 PRom IUM / We speak the language of your tab l _Y 3. Ability to export data to standard PC applications for local analysis of data,desktop publishing,letter generation,and other local processing needs. _Y 4. Ability to customize individual user functions, assigning to icons for repeated use. _Y 5. Ability to customize individual user interface appearance to meet their own needs and preferences without compromising the standards for functionality and system access (e.g., screen colors). _Y 6. Ability to maintain standard formats on reports including report Id, date,and application id. _Y 7. Ability to add pre-defined queries to the system for access by many users. _N B. Provision for alternative methods to function keys, if function keys are used. Function keys are not used. _Y 9. Ability to provide on-line help for screens to describe an overview of the current process within which the user is currently working. _Y 10. Ability to provide on-line help for all fields to supply informational messages about the purpose of the field. _Y 11. Ability to provide on-line help for all fields to supply a more complete explanation of the field and the applicable code table that supports that field. ' _Y 12.- Ability to provide on-line help for all fields to show the valid code table from which the user can select the desired code. _Y 13. Ability to provide on-line help to describe the purpose of each screen's active function keys. _Y 14. Ability to support a world-wide-web browser interface to the application. _Y 15. Ability for non-technical users to create ad hoc queries to extract data from all functional areas of the system at the same time(i.e, menu or drop down selection querying,etc.). 3.1.9 Portal Capability 1. Does your product have an umbrella portal entrance into the various modules? If Yes, please describe, and respond to the following "ability to provide" points. Element does not employee the use of modules. The"main entrance" is into all of Element. As such, the answers below are for Element as a unified LIMS and not as a modular system. _ _Y 1 Ability to provide single sign-on to the total system,and all its component parts based on person's . role Login is required, granting access to the entire LIMS system (access is based on user-specific permissions). Promium recommends that the City authenticate against a domain or AD structure. Promium Response to RFP#120349 23 PRom I UM We speak the language of your lab ( _Y 2 Ability to customize which objects are displayed on the portal entry . Menu item visibility and a user-specific dashboard may be configured by the administrator, _Y 3 Ability to add other applications to this portal . Links to external applications may be added to the Element menus by the administrator. 3.2 Functional Requirements Response to requirements are requested in two formats: 1) a written response to a question/request if present, and 2) a single letter response of Y, N, M, F, or T to the "ability to/provision for" phrases. Enter your responses in Arial Italic,font size 10. . 3.2.1 Sample Management and Tracking _Y 1 Ability to track a sample from log-in,analysis,quality assurance,review and approval. _Y2 Ability to retrieve the status for a sample status quickly and efficiently. 3 Ability to record the following data(at a minimum)in the manual Sample Log-In function: Y • Name of sample collector Y • Sample collection date and time _Y Y • Sample received by • Date and Time of sample receipt ( _Y • Client identifier field — — • Location identifier field.Note:Location identifier should have an associated"look-up*table to ensure validated sample locations are being used.This will reduce login errors. _Y • Project Identification Number-any sample location may be linked to more than one project number -Y • Comment field Y _ • Required tests _Y • Log-in functionality will also Include: — — 4 Ability to log-in multiple similar samples in one operation.As part of this operation,individual samples can be edited/modified and/or copied at user's discretion, including assigned tests. _Y 5 Ability to retrieve Immediately after data entry to approved personnel _Y 6 Ability to send immediate notification via email or instant message to lab personnel that samples have been received 7 Storage of static sample site information will Include the following: �'_ • Client Identifier �- _ • Location Identifier ENta Y • Site Description _�'_ • Water System Identifier 3.2.2 Sample Scheduling ( Promium Response to RFP#120349 24 PRom IUM We speak the language of your lab 1 Ability to schedule and,if so desired, automatically log-In routine samples for the Intervals listed below. For routine automatically logged samples the master schedule will include the required analyses. _Y_ • Daily Routine samples Y • Specified Weekly Samples Y • Monthly Routine Samples Y • Quarterly Routine Samples _Y • Semi-Annual Routine Samples Y • Annual Routine Samples _Y 2 Ability to preview scheduled samples grouped in various ways such as by teat or project,by day/week/month,in calendar report format 3.2.3 Sample Receiving _Y 1 Ability to assign unique Identification/login number for each sample. Sample login numbers to be assigned such that all samples collected on one COC will have a unique base identification number,and each individual sample within the login will contain a sequence number to uniquely identify each sample with the base login number(i.e.xxxxxx-01,-02,etc.). _Y 2 Ability to generate user definable sample labels and allow printing of sample labels with or without bar codes.To include flexible print options,such as number of labels, routing to multiple printers and multiple label size and type formats. Y 3 Ability to prioritize samples upon log-In. —Y 4 Ability to generate and read bar code labels for identification and utilization on labels.Standard and custom bar code formats to be Included and allow for sample point identification at a minimum. Ability to(at a minimum)capturing the following information at sample log-In: Y • Sample collector _Y_ • Date and time of sample collection Y • Date and time of sample received Y • Person receiving the samples Y • Client Identifier Y • Location Identifier Y • Project Identification Number Y • Water System Identifier _Y_ • Site Description _Y Y • Required tests • Priority assignment Y • Comments 6 Ability to enter receiving details on samples In multiple ways: Y • Log-in and receive ad-hoc or non-routine samples _Y • Batch receiving and log in of samples on any single COC or multiple COCs collected on the same day for any given project. 7 Ability to(at a minimum)collect and store the following information with each sample: _Y • Required analyses and associated hold times for those analyses Y • Ability to add or delete assigned analyses _Y • Associated Methods and Analyses with samples Promium Response to RFP#120349 25 PROMIUM We speak the language of your lab l -Y • Required completion date for all samples associated with a specific COCfsampling event. 3.2.4 Test/Analysis Administration _Y 1 Ability to uniquely identify each analysis with a user defined test code,this test coda will be capable of being related back to the required method. Y 2 Ability to disable test codes that are no longer used without effecting the retention or recall of data associated with that disabled test code. _Y 3 Ability to support multiple test codes(children)to be associated with a single (parent)test code. _ _ 4 Ability to associate CAS#or Storet Numbers with each analyte. _Y 5 Ability to develop and associate mathematical routines for designated test codes and components(i.e. Langlier Index Is calculated from pH,Total Dissolved Solids,Temperature,Alkalinity and Calcium results. If sample Is logged In for Langlier index,the LIMS should be able to pull from the other tests and calculate the Index.)and have those results stored in the LIMS. _Y 6 Ability to edit test data by authorized user with audit trail and required GALP comments. 7 Ability to provide entry of test results in the following formats: Y • All results from one test performed on many samples. _Y • All results from many tests performed on one sample. Y • All results from one test performed on one sample. _ 8 Ability to allow for multiple results for an analyte or test(to allow for reruns and dilutions). _Y 9 Ability to re-run a single analyte within a multi-analyte test. _Y 10 Ability to record special results values such as non-detect,<, Null or other text type result values. _Y 11 Ability to record analyst. _Y 12 Ability to record data entry person If different from analyst. 3.2.5 Work Sheet(Work Assignment 1 Ability to provide work assignment features for planning and scheduling the laboratory workload that take into account: _Y • • Hold time(shortest hold time samples in any one analytical group take priority).For certain analyses,such as 525.2,there Is a hold time for sample prep and for the Instrumental analysis.The system must be capable of tracking and accounting for both hold times. _Y • Sample age Y • Due date. Y • Assigned priority 2 Ability to provide work assignment reporting selectable by the following criteria: _Y • Analysis(report sorted in order of hold time criteria,then by assigned due date,then by sample age) Promium Response to RFP#120349 26 PROMIUM We speak the language of your Lab _Y • Workstation Y_ • Analyst • Date _Y_ 3 Ability to generate work sheets upon request _Y 4 Ability to reprint single and/or group selections of work sheets upon request _Y 5 Ability to add additional samples,received after the original work sheet was created,to the work sheet. _Y 6 Ability to delete a sample from the work sheet,edit the order of the samples and assign QC. _Y 7 Ability to create bench sheets for one analysis and associate all samples assigned that analysis to that work sheet, _Y 8 Ability to upload the worksheet data to the specified instrument for creation of the run sequence. 9 Ability to assign and store(at a minimum)the following information into a worksheet: _Y • Analysis description. _Y • Log number _Y • Client ID Y • Sample Location _Y • Sample Date Y • Analysis Date _Y • Name of Analyst Y • QC Samples 10 Ability to generate Bench Sheets.These bench sheets would contain the following information: Y • Sample Log number Y_ • Client ID Result Y • User defined fields(by analysis).See 3.2,5.26 and 3.2.527 below. _Y • Notes/Comments _Y 11 Ability to(for Gravimetric analysis such as TDS and T55)record data on sample volume, initial weight and final weight,analysis date,analysts initials,oven temps.,etc.These values would be manually entered onto the bench sheet and subsequently entered into the LIMS, manually,to then generate the final result. _Y 12 Ability to(for sample Organic analysis sample prep,i.e. SOC analysis)record initial and final volumes as well as document spike lot numbers,surrogate and IS lot numbers and volumes added, etc. 3.2.6 Status Monitoring _Y 1 Ability to provide monitoring status of the sample throughout the sample lifecycle. _Y 2 Ability to provide automatic updates of sample status based on events or transactions.Status updates must post Immediately even during periods of high system usage Y 3 Ability to provide a method to monitor analysis data. 4 Ability to provide codes to monitor sample status for the following conditions: _,Y • Sample expected or logged but not received. Promium Response to RFP#120349 27 PROMI UM We speak the language of your lab • Sample received by the laboratory Y • Sample has tests assigned but not yet assigned to an analytical batch. _Y • Sample has assigned tests in progress. _Y • Sample analyses are complete. Y • Sample results have been reviewed and are complete and ready for reporting. _Y • A re-sample is required. 5 Abilityto provide user defined codes to monitor analysts status for the following conditions: Y • Analysis is complete Y • Analysis failed QC _Y • Sample requires re-analysis due to QC failure(should be capable of doing this down to the component level on multi-component analyses) _Y • Analysis exceeded specified limits _Y • Analysis is assigned to a work sheet and is in progress. _Y • Analysis results have been reviewed _Y 6 Ability to allow user definable regulatory limits or other limits with each sampling location. 7 Ability to use result limits to check results and flag user of out of control conditions. Y 8 Ability to permit multiple sets of limits per sample location. 9 Ability to permit review of analytical results based on: _Y • Individual test code. _N • Analysis result date. Element Is configured to review based upon analysis and bench sheet. _N • Individual and range of sample identification. Element is configured to review based upon analysts and bench sheet. Y • Bench sheet. Y 10 Ability to allow the user to view historical results for sample locations and analysis, by component for multi-component analyses.This would also include migrated historical data. 3.2.7 Data Validation and Approval _Y 1 Ability to define and allow for multiple levels(Bench, Peer and Supervisory at a minimum)of review and approval. Y 2 Ability to,at each validation step, automatically update the current process to show it has been completed.The system must also allow for manual rollbacks of these approval steps by appropriate personnel, If necessary. 3 Ability to(by the LIMS Administrator)set data validation levels and assign to specific individuals by work unit/dept. 4 Ability to approve sample data by: _Y • Analysis _Y_ I • Bench Sheet N • Range of Dates Element is not set up to approve by range of date,only by bench sheet and analysis. Y 5 Ability to make sample analytical data available for reporting purposes when and only when all approval steps have been successfully completed. Promium Response to RFP#120349 28 PRCMI UM We speak the language of your lab _N 6 Ability to allow for data correction/editing by users with appropriate user permissions only end must be accompanied by an appropriate GALP reason before changes can be committed, Element does not require reasons;It only allows for them. _Y 7 Ability to provide a complete audit trail for any modifications made to data. _Y $ Ability to record audit trail information at the time of data modification to include (at a minimum)date and time of change, name of person making the changes and GALP reason for making the change. _y g Ability to view and optionally print the audit trail by test or sample log number. 3.2.8 Chain of Custody Record _Y 1 Ability to produce a COC document for each sample,or group of samples collected. Y 2 Ability to print(and reprint on demand)the COC in conjunction with sample labels. 3 Ability for the CCC to contain the following information: _Y • Sample Log number _Y • Client ID Y • Sample Location _Y • Sample Number In Bar Code format _Y • All requested analyses _Y • Calculate and display the type and number of sample containers associated with each sample 4 The COC document will include spaces to write: Y • Date and Time of Sample collection _Y_ • Samplers name and space for samplers signature Y • Comments _Y • Multiple Received and Relinquish sign off areas Y • Field test results _Y 5 Ability to modify the COC format(by authorized personnel only). 3.2.9 Quality Control 1 Ability to record,store and process all associated instrument and batch QC down to the component level on multi component analyses,to include,but not limited to the following: _Y • For multi component analyses the system must allow for varying spike levels for each component and varying QC limits for QC Type(l.e.CCV vs.MRL vs.MS,etc.) _Y • Matrix Spike/Matrix Spike Duplicate Y • Lab Control Sample I Lab Fortified Blank _Y • Method Blanks _Y • Instrument Blanks Premium Response to RFP#120349 29 PROMIUM We speak the language of your lab Y • Minimum Reporting Limit Standards(MRL Std) _Y • Surrogates and Internal Standards _Y_ • Interference Check Standards _Y • Instrument Initial and Continuing Calibration Verification 2 The LIMS will be Capable of performing the following statistical analysis of the QC data: _Y • Construct X and R charts per EPA protocols. _Y • Calculate the Standard Deviation. _Y 3 Ability to associate sample results with a set of QC data specific for the analytical batch the sample was analyzed in. Y 4 Ability to generate QC Summary tables as well as associated QC charts. _Y 5 Ability to calculate percent recoveries. The calculation to determine% recoveries must be editable so that a dilution factor may be applied,This is critical for certain elements(such as Ca and Na) and analytes(such as sulfate).Having a more concentrated spiking solution may not allow a single spike analysis for all elements or analytes as this more concentrated solution may not allow for all elements to be in the same solution. The dilution factor varies by test.The dilution can also change for metals analysis depending on whether the spiked sample was digested or not. _Y 6 Ability to perform trending analysis Y 7 Ability to calculate%Difference 3.2.10 Laboratory Data Queries 1 Laboratory personnel will be capable of querying sample results/information,on the LIMS based on the following information: • Sample Log number _Y • Client ID(sample location),sample date or project code Y •• Test/Analyte Should be able to review any test data for any given sample without having to open separate modules for different areas of the lab. I.e. would like to be able to easily view inorganic data and field data for any given sample. _Y • Sample Status Y • Date Received _Y • Analyst Name _Y 2 Ability to provide a query facility which supports nested query,table joins and outer join functionality. 3 Ability to provide standard queries for: Y • • All data associated with a specific sample log number ^Y • All data associated with a specific sample location _Y • Sample Status _Y • Status of tests being performed _Y • All administrative or static data ( _Y 4 Ability to display and/or print all queried results Promium Response to RFP#120349 30 PROMIUM We speak the language of your lab 3.2.11 LIMS Reports 1 Ability to generate the following ADEQ DWAR reports: _Y • DWAR-1: Drinking Water Microbiological Analysis Report/Total Coliform _Y • DWAR-1 G: Drinking Water Microbiological Analysis Report/Ground Water Rule _Y • DWAR-21N: Drinking Water Inorganic Chemical Analysis Report _Y • DWAR-3:Drinking Water Synthetic Organic Chemical Analysis Report _Y • DWAR-4:Drinking Water Volatile Organic Analysis Report _Y • DWAR-8: Drinking Water Lead and Copper Analysts Report _Y • DWAR-9: Drinking Water New Source Approval Form _Y • DWAR-16A: Individual Sample Analysis Report:Disinfection Byproducts TTHM HAAS _y • DWAR-16.2:Annual Report:Disinfection Byproducts-TTHM HAAS _Y • DWAR113A:Quarterly Report: Maximum Residual Disinfection Level (MRDL)-Chlorine/Chloramine-101211006 • Examples of the DWAR reports are included in Attachment I _Y 2 Ability for the LIMS administrator to create and modify reports using the vendor supplied and supported development tools. 3 Ability to generate and print standard LIMS reports,including,but not limited to: _Y • Samples received for a user specified time frame. _y • Test results report Including comments _Y • Work Status report by log number _y • Work Status report by Project _Y • Work Status report by analysis _Y • Work Status report by client _Y • Quality Control sample report 3.2.12 Client Data Reporting _Y 1 Ability for clients to have access to data reporting via a web based system, _Y 2 Ability to provide only data that has been fully approved will be available for data reporting to clients outside the laboratory. _Y 3 Ability to secure access to web reporting to only clients with user profiles and proper access rights. 4 Reporting tools will include,at a minimum,the following capabilities: _Y • ODBC compliant • Clients will be able to customize their report using standard reporting tools _Y • Data reporting format as an Excel file,ASCII or text delimited file will be available _Y • Reporting function will be capable of merging text,graphics and charts in one report. _Y • Cross Tab format will be available _ • Create bar charts,trend lines and pie charts with retrieved data. _Y • Retrieve and Integrate MS Access database as well as the LIMS data. Promium Response to RFP#120349 31 PROMI UM We speak the language of your lab 1 3.2.13 Instrument Interface Requirements 1 Ability to provide bi-directional data exchange with the following analytical • instruments(Analytical data,Quality Control Samples,Worksheet batch data): _Y • • Perkin Elmer ICP with Winlab32 ver 3.1.0.0107 _Y • Thermo-Fisher Scientific Unicam SOLAAR Atomic Absorption Spec with Data Station Version 9.12 _Y - - • Dlonex Ion Chromatograph with Chromeleon version 6.80 SR7 Build 252B(148369) _Y • Thermo-Orion 980 Autochemistry System Rev.6.1 Y • Shlmadzu UV-Vis Spectrophotometer Shimadzu UV probe version 2.00 _Y • 2 Agilent GC/MSD with Chemstation Revision D.01.02 _Y • Agilent GC/MSD with Chemstation Revision E.02.00 _Y • Ol Analytical 1030 Aurora TGC Analyzer with Version VI.2.3 TOC Reporter _Y 2 Ability to accept any type of data that is uploaded in a defined,text-delimited format(e.g.subcontract lab EDD data) _/Y 3 Ability for the LIMS administrator to create additional Instrument interfaces as equipment needs change using the vendor supplied and supported development tools. Promium reserves Instrument Interface development _Y 4 Ability to accept data uploads from field meters that have data logging capabilities. 3.2.14 Existing Data Migration/Integration Integrating TWQL's existing LIMS data into a new system is critical to a successful implementation. Explain what services, resources and methodologies will be used to insure a complete and successful data migration. Data Migration The Promium team will follow a proven methodology to migrate the data from the current Seedpak system Into the Element LIMS. The Element data structure contains tables to store legacy data and was specifically designed to allow organizations to easily access current and historical data from the same interface. The Element design combined with the migration methodology, assures that data migration portion of the project is completed correctly and according to the project schedule. The data migration methodology is a multiple phase process. Each phase will contribute to a successful data migration and allow for the migrated data to be properly maintained. The phases are as follows: • Migration Strategy • Data Source Analysis • Migration Design • Building Structure • Testing and Implementation • Revisions • Maintenance Promium Response to RFP#120349 32 PRom IUM We speak the language of your lab Migration Strategy The focus of the overall data migration effort is determined in the strategy phase. Since most data migration projects result from system replacement,they often represent a small portion of the overall project. Migrating data from the TWQL systems requires three major phases: • Data Extraction • Data Transformation • Data Load It is the core process that describes how the data Is obtained,transformed,and loaded into the final repository. Each step of the process will be slightly different depending on the data source and where Its data will ultimately be maintained. Each of the three primary components of the data Extraction,Transformation,Load"ETL"process is discussed below: Data Extraction The data extraction step is responsible for extracting data from the source system. During extraction, data may be removed from the source system or a copy made and the original data retained in the source system. Extracted data is loaded into the data staging area (a relational database usually separate from the destination database), for manipulation by the remaining processes. Data extraction is generally performed within the source system itself,especially if it is a relational database to which extraction procedures can easily be added. It is also possible for the extraction logic to exist in the data staging area and query the source system for data using ODBC, OLE DB,or other APIs. For legacy systems,the most common method of data extraction is for the legacy system to produce text files,although many newer systems offer direct query APIs or accommodate access through ODBC or OLE DB. Data Transformation The transformation phase is responsible for data validation,data accuracy,data type conversion, and business rule application. It is the most complicated of the ETL elements. It may appear to be more efficient to perform some transformations as the data is being extracted (inline transformation);however, an ETL system that uses inline transformations during extraction is less robust and flexible than one that confines transformations to the transformation step. Tools used in the transformation element vary.Some data validation and data accuracy checking can be accomplished with straightforward SQL code. Data Load The ETL loading step is responsible for loading transformed data into the destination database.The destination database is usually updated periodically rather than continuously,and large numbers of records are often loaded to multiple tables In a single data load.The data warehouse is often taken offline Promium Response to RFP#120349 33 PROM! UM // We speak the language of your lab during update operations so that data can be loaded faster. The design of the loading element should focus on efficiency and performance to minimize the data warehouse offline time. Data Source Analysis The primary aim of the analysis phase in data migration projects is to identify the data sources that must be transported into the new system. Data sources are not limited to actual data processing systems,but can also include tools and/or formatted files created by users to accomplish their daily tasks outside the normal systems. The next important part of the analysis phase involves evaluating the actual data.The data will be examined for both data quality and to identify those data that should be migrated. The analysis may uncover errors such as Incorrect or missing data. If so,the data will undergo a cleaning step prior to the migration. Promium will work with TWQL representative to determine the corrective action for each error type. Migration Design Once the high value legacy data sources have been evaluated,the process of data selection is initiated. Each targeted data source will be reviewed by examining each data element individually and determining if it will be moved into a data archive or become a component of the data warehouse.The design phase is essentially the act of making a checklist of the legacy data elements that must be migrated. Once the migration design is complete,the actual mapping process can be initiated. Data Migration Testing and Implementation l Testing and implementation are often combined into one phase since they occur at the same time in most projects.Testing breaks down into two core subject areas: logical errors and physical errors. Physical errors are typically associated with the scripts developed to extract,transform,and bad data. Logical errors are best identified during implementation. The first step is to execute the mapping. Even if the mapping is completed successfully,we must still ask questions such as: • How many records did we expect this script to create? • Did the correct number of records get created?If not,why? • Has the data been loaded into the correct fields? • Has the data been formatted correctly? After the data has been migrated,the goal is to verify the answers to these questions and to allow access to the data by a few designated users to assure that all high level data was included during the initial migration design phase and mapping. Revisions The revision phase is where any required cleanup is managed. Each and every data model modification, transformation rule adjustment, and script modification are essentially combined to form the revision phase. Once this phase is completed,all of the legacy data that was target for the migration will exist on the new platform either in an archive format or within the newly created data warehouse. At this point,the legacy systems will no longer be required and all data going forward will be collected in the new LIMS. If the LIMS is not fully implemented,then an additional data migration event may occur Promium Response to RFP#120349 34 PROMI UM // We speak the language of your tab 1 later utilizing the same tools developed for the initial event. The tools at this point will be finalized and all revisions will have been incorporated. Maintenance The maintenance phase is put into place to assure that the scripts, mappings,and utilities developed are maintained in the event that additional migrations are required, In most cases,a second and final migration event may occur due to unanticipated delays in the actual role out of the primary system. It also includes the continued up keep to both the archived data and the data warehouse. 1 Ability to seamlessly access all existing LIMS data in the following manners: _Y • Using the standard applications interfaces _Y • With both interactive on-screen query and reporting processes _Y • With command line and ad hoc reporting tools(native or third party) 3.2.15 Other Required Functionality 1 Ability to provide the following cost accounting functionality: _Y • Associate appropriate cost accounting codes with LIMS data _Y • Provide invoicing capabilities to allow for Invoicing by Log In number or by project identifier and date range. 3.2.16 Regulatory Requirements illI Ability to maintain an audit trail for all data manipulation and meet the following regulatory requirements: _Y • NELAC/NELAP and TNI standards. _Y • 40 CFR Part 3 reporting requirements 3.3 Technical Requirements Response to requirements are requested in two formats: 1) a written response to a question/request statement if present,and 2)a single letter response of Y, N, hi, F, or T to the"ability to/provision for° phrases. Enter your written responses immediately below the question, using Arial Italic, font size 10. Insert additional rows in tables as needed. 3.3.1 Obsolescence Prevention Strategy 1. Describe the provisions of your strategy for implementing new technologies that will prevent current applications and functionality from becoming obsolete or orphaned? Promium's applications are updated to provide compatibility with new Operating Systems and database f versions. In addition we periodically upgrade our applications to use the newest versions of third-party Promium Response to RFP#120349 35 PRoMi UM We speak the language of your lab controls such a Crystal Reports. In addition we are continually assessing the use of third party controls to find more cost effective alternatives which provide new capabilities and better performance. 3.3.2 System and Application Architecture 1. The underlying architecture of the application design is important to the Tucson Water Quality Laboratory. Please describe your system architecture model and explain the capabilities and Matures of this model that led to your use of it in developing this system. Element maintains its roots as a client-server application. This architecture leverages the computing power of the local clients, placing much of the on-demand computational burden on the client machines. This leaves the database server able to operate efficiently and consistently as the number of active users scales upward. 2. Describe the design philosophy of your application. Include in your response the degree to which there IS a common design philosophy across all modules, common programming languages and tools, and the extent of shared software code across all applications (e.g., the code to generate an address label should be the same code for that function in all components of the application). The Element application is written in Visual Basic 6 and is structured using a number of forms, modules and classes. The forms provide the user interface elements of the program. Classes are used primarily as data containers and hold the functionality to retrieve and update records in the database.The classes may or may not directly reflect the structure of a particular table in the database. The modules contain code generally segregated by functional area (for example basDataOpslnvoices, basDataOpsOutput), as well as code that is commonly used by other code in the application. In as much as possible code in individual forms, modules and classes is structured similarly to that in other forms, modules and classes. This commonality makes troubleshooting and addition of new features much easier. Where possible forms and functions are reused, expanding their functionality by adding additional properties or variables where necessary. For example, the same print dialog form Is called when printing from many different screens in Element. 3. Describe your approach to ensure scalability of the product. This includes transaction growth,upgrades and replacements of components of the architecture,technology, and application. We address scalability in several ways. As our client databases grow and as we work with labs with very high sample through puts,we have bench marked performance and worked to improve the execution of many complex/process intensive queries used in our system. This assessment and Improvement is ongoing. Major releases of Element occur on an approximately 3 month cycle. Between releases updates to the current software(including bug fixes and minor modifications)are made on an approximately weekly basis.To ensure that these updates are easy to install, Element features an automated download/install process. This process (initiated by the user) identifies and downloads current versions of the Element application and related software components to a central location. When a user next logs into Element the current versions of the software and components are copied to their local machine and registered. We are continually adding new software components to our system. Some of these are third party controls and some of these are .dlls developed in-house. These components are easily deployed or upgraded using the same download/update mechanism as the main application. Promium Response to RFP#120349 36 PRoMIUM We speak the language of your lab 4. List the special access capabilities for which you provide the customer the ability to augment your solution. These might include touch screen, imaging, voice response, computer Integrated telephony, wireless, etc. Customers have run Element on tablet PCs with wireless network connectivity. Visual symbols are used to help color-blind users with color-coded indicators and flags. 5. What is the source language(s)of the product? VB6 with .NET 6. Is the source code available and, if so,under what conditions/terms? Source code may be deposited in escrow if required to allow for business continuity. Source code is not otherwise made available. 7. What Is ability to support industry standards in areas such as communication protocols, security, EDI, object technology, user interfaces, etc. Please comment on any area where you do NOT support industry standards. Element uses standard database connection/communication protocols. Connections to the primary database are available through the ELMNTDATA.dll. Element uses standard encryption algorithms for database and application logon security. (, Element supports a number of electronic COC import formats and a very large number of electronic data deliverable (EDD) output formats. We provide interpreters for importing data from Instrument data files into Element. We do not provide bi-directional communication with any instrument hardware. We support some limited data import from several SCADA systems. We do not currently support any realtime,bl-directional EDI formats in the traditional sense of the term. The Element user interface follows industry guidelines for design, functionality and layout as much as possible. More recently added features are more likely to conform to these guidelines. However, our goal is to provide a consistent look and feel and user experience across the application, as opposed to strict adherence to industry guidelines. We do not provide an API for the Element application. An API for the ClientConnect application is provided through the ElementData.dll. An API for the older ElementWeb application is provided through the ELMNTDATA.dII. 8. Describe your ability to retain all user made changes to business rules, standard screens and standard reports when new releases of base software are installed. Business rules, user access permissions and screen configurations are stored in the primary database and are not affected by installations of new software releases. Some dynamic user settings are stored in the registry. Again these are not affected by new software release. 3.3.3 Infrastructure 1. List all hardware/operating system platforms upon which your product is supported. Provide specifications in terms of processors, processor speed, memory requirements, and other sizing and Promium Response to RFP#120349 37 PRQMIUM / We speak the language of your lab l capacity factors to assist the City In budgeting for and acquiring hardware. List which industry standard benchmarks or guidelines measures are you using to establish this recommendation. Element D ataSystem•Minimum Recommendations ir�h yrzE g4siE ny,y ` * g,11 0Z u3 tyCi alai2a'„ 5N :a; k { `tIttalre ..". ,:rtze ksfi: Canligara0on 1:Larger Labs Configuration S Mid- Labs CoNFBuration A.Smaller Labs 0,20 comment users) (1i-20 coseurre t users) (i-id eeaouuent users) Hardaaac Hard rare Hardware: •Core a Doo or Xeres • Core 2 Duo or]Geon • Core 2 Duo or%eon Processor Peoauar Processor a 24GBRMd (2.53 Gibe snorter) • (2.33 GHz or Better) • 10038 lCD xt RN43-1 •4011 111)RAM • 4GB RAM •RAID risks(xb)7213B • 20DGS HDD x2 RAID-I or each 100HDD x4 RAM-5 •HeiSpares(x2) Sane. 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Indicate whether each configuration is actually in production at a municipality relatively our size. Promium Response to RFP#120349 38 PRoMI UM We speak the language of your lab { Server configuration 1 has been in use in various large municipal laboratories, as well as the various workstation configurations. 3. Describe what virtual server environments your application can be used on. A number of customers have implemented their production database in the VMWare virtual environment. 4. List all desktop operating systems that you simultaneously support on a single installation/version of the application. Indicate hardware/operating system platform if that is a consideration for support. Examples of operating systems are Linux, Macintosh/OS 10.0,Windows 2000, Windows XP, Windows Vista,etc. The Element client is a Windows application that runs on Windows 2000 or greater. A few customers have also been successful in running Element under the Wine emulator on a Linux desktop platform. 5. List all browsers that are certified for use with your application,and describe any required browser add- ons, function enablement,etc. Browsers are used to access specific read-only reports and status via the Element CllentConnect portal. Full access is available through the Element DataSystem client application. No add-ons are required. MSIE 6 or greater Modem versions of Firefox and Chrome are supported as well. �- 3.3.4 Database 1. What technology does your relational database management system (REIMS) use to ensure integrity and completion of all transactions? Two-phase commit is one such technology. Element supports SQL Server and Oracle RDBMS; both of these database systems support a Two- Phase Commit protocol. This protocol ensures that: either all transactions in a series of transactions are successful and committed; or all transactions are roiled back if any of the transactions fail. Where appropriate and where a series of interdependent database queries must be run with an "all or nothing" mode of execution, Element uses transactions. if any of the queries in the series fail, the entire series of transactions are rolled back. 2. List all hardware/operating system platforms upon which your product's database(s) is/are supported. Indicate whether each configuration is actually in production at an institution relatively our size. Database Name and Operating Production Status Version(s) System(s) (YIN) Oracle 9i or greater Linux(various) Y Oracle 9i or greater Winodws Server Y 2003 or greater MS SQL Server 2005 or greater Windows Server Y 2003 or greater 3. Does your relational database management system (RDBMS) allow for providing selected data to another database residing on another server? If so, what methods are employed to maintain the consistency of the data and what are the system performance affects to the day to day operation of the system? Promium Response to RFP#120349 39 PRom IUM We speak the language of your lab The database repository is a specific set of database tables that contain final results and data with a relatively low level of granularity. The repository is designed to improve overall performance. It may reside in the primary database or can exist as an independent database for optimal performance. Migrated data resides in the repository database. Final results can also be posted to the repository for performance improvements (this eliminates the need to calculate final results on-demand from the granular data in the primary database). Final results are calculated and inserted in the repository upon generation of the final report. Y 1. Ability to recover the database or a subset to a specific point in time. This is a function of the database software. _Y 2. Ability to purge and archive unneeded data. _Y__, 3. Ability to distribute the application among multiple servers. _Y 4. Ability to authorize user accountslids, passwords, and access rights from a single and central point of control. _Y 5. Ability to attribute each transaction to a specific user. _Y 6. Provision for reliable and secure method for user authentication that conforms to standard such as Kerberos, biometric ID,etc. Premium recommends domain authentication against an AD server Y_ 7. Provision for encryption capability option that prevents unauthorized access to data. Username and passwords are encrypted _N_ 8. Ability to backup and restore the entire database and subsets of the database while users are accessing the system. Backup and restore functionality is provided by the database software, not by Element. The ability to restore the entire database or subsets while users are accessing the system is a function of the database software not Element. _Y_ 9. Ability to update a remote database (either in batch or real-time) without significantly compromising overall system performance. Updates to a remote database(such as the repository)can sometimes be off-loaded to a single workstation (report queue station) so that individual workstations are not burdened with performing this functionality. 3.3.5 Business Continuity 1. Describe the licensing requirements for redundant sites beyond the main site? Element is licensed by the number of concurrent users, regardless of the site. Instruments and ClientConnect(web) users do not count against the number of available seats. 2, Identify the features of your product that support ease of movement to an alternative site for disaster recovery. Promium Response to RFP#120349 40 PRoMI UM / We speak the language of your kb 1 All business rules and client application configuration are stored within the database. This helps simplify portability of the entire environment. • Crash tolerance-assuming that a UPS system is available for the database but not necessarily each Element client, it is possible to lose the active transaction during a power failure(assuming the client goes down and the database remains active). Database integrity is otherwise preserved. • Restart/Recovery—in an orderly shutdown of the database server(no active transactions at the time the database is taken offline), no loss of data will occur. • Application administrator security can be limited per user on a feature-by-feature basis, granting access to view,edit,or neither. Database server security is managed by the server OS and database Itself. Simultaneous transactions are handled and properly addressed at the database. • Hardware redundancy-for full-time database availability, Promium recommends RAID mirroring and/or a clustered database environment following the database vendor's recommendations. 2. Describe additional services that you offer to support and assist the City to restore functionality and capacity if an incident exceeds the City's capability to respond. Promium offers support by remote desktop,allowing technical staff to directly assist administrators with DR activities. 3.3.6 System Management 1. Considering our transaction volumes, what hardware capacity recommendations can you make for the platforms you support that gives a user a one-second response for the simplest action of a single record retrieval? A one-second response for the simplest action of a single record retrieval can be met with moderate workstation hardware. For example this response time can be met with a workstation running a Windows 7 0/5 (64 bit), with an Intel Core i5 CPU (2.67 GHz) and 4.0 GB of RAM. Other hardware configurations with less capacity will also meet this requirement. The ability to meet this requirement is dependent on database server hardware/OS and network connection speed. 2. How does the solution being proposed provide the capability to run in a state of"graceful degradation" during a partial disaster where less than all hardware components are running? The Element client is quite portable, compatible with Windows 2000 or greater. As long as the client can connect to the database, it Is able to be automatically configured with the parameters within the database itself. Thus, replacement of a lost client machine is relatively simple. More catastrophic would be the loss of a common network resource: essentially the database(s)or the network shares that are available for file storage and instrument data import. In the event of a lost shared folder, Element's configuration screen allows the administrator to easily point to a new backup share. A mirrored network share would virtually eliminate this potential failure point. Promium Response to RFP#120349 41 PROM' UM We speak the language of your lab (1. Given that the database is the single most important entity of the system, Promium recommends a mirrored or clustered database. In the event of a complete database failure, the administrator can mount a backup database or point the clients to the proper backup database. Since all business rules and client machine configuration are stored in the database, it is relatively easy to restore the state of the entire system to the instance of the last nightly database backup. Database Local Paths Serves Paths Central File Paths Base Path PAPratiam Fier Kier PromiulnLEbment"Snraf Fnl J Updates C:IProgram Fies(x96)1Pronium\Element\Serv&Fol Bid C:fProgarn Fies I89'Promium'ElemmrtlServerFol Invoice C:1Progan Vies(x86JWPranium\Elernent ServarFol EDD C:1Progran Fies jx861SPromkrm\Elersent\ServerFol Report C:1Program Fies(x136)1PrankamlElement\ServerFol. Transferin C:1Progran Files(x86)1PraniumlElement\ServerFol. Trarsfer°ut ClProgran Files(x86)1Pronikmi\Element\Serverfol Database C: Program Files(x96)1Pronium\ElementAServerFol SOP C:IPragram Files(x86)1PraniienlElementlServerFol. PDF C\Program Files(r )\PromiiinlElementlServerFol BerchSheets C:Program Files(x86)1PromiumlElement\ServerFol Server path configuration tab _Y 1. Ability to recover the database or a subset to a specific point in time. _Y_ 2. Ability to back-up and restore the entire database and subsets of the database while users are accessing the system. This will depend on the database software and its available recovery models. _Y 3. Ability to access all components of the job scheduling system,and manage all jobs from a single location in addition to control from the originating module. A single workstation can be designated as a "report queue workstation" to execute reportledds automatically. This workstation can also be used to access ail functionality in Element Including Report Spooling, Bottle Order Spooling, Route Sheet Spooling, etc. Promium Response to RFP#120349 42 PROMIUM / We speak the language of your lab l Y 4. Provision for one-job scheduling mechanism to be used and shared by all jobs from all modules. Reports/EDDs/Automated emaiis can be automatically added to the Report Queue by setting the Project Report options AutospoolDraft and AutoSpoolFinal. The report/edd records are added to the Report Queue when the work order status changes to Reviewable or Reportable. The Report Queue can be set to Execute every 1-1440 minutes.) Y_ 5. Ability to run batch jobs while users are accessing the application without significantly compromising overall system perfomlance. A workstation can be designated as a report queue station for executing reports, adds and automated emailing. This transfers the burden of generating this type of information from the user's workstation to a central workstation dedicated to these tasks Y 6. Ability to record and track on-line versions between modules. A record of the version of the various Element components is maintained. This is important, considering that the administrator has the authority update either part of all of the Element client application when software updates are available. _Y_ 7. Ability to support automated on-line distribution of all files and software releases to all clients and servers from a designated server. l Y 8. Ability to distribute the database among multiple servers. Y 9. Ability to monitor and tune the application to enhance response time and other performance metrics. Performance monitoring and tuning is limited to that provided by the database software. _Y 10. Ability to provide a suite of tools to monitor and control all production processes. A number of screens and reports are provided throughout Element to monitor laboratory processes. These include: Bench Sheets, Query/Update Analysis Status, Query/Update Work Status, Work Count, TAT Charts and Control Charts. A number of preconfigured management reports are provided with Element and customized versions of these reports can be developed. ,_-Y_ 11. Provision for error logs and messages to assess performance related events. Error logs and messages are provided through out Element. Performance messages are generally associated with query timeouts and database connection errors. _Y_ 12. Ability to authorize user accounts/ids, passwords, and access rights from a single and central point of control. Promium Response to RFP#120349 43 PRoMI UM We speak the language of your lab _Y 13. Ability to delegate authorization of access to modules of the application to departments responsible for that level of authorization. Y 14. Ability to attribute each transaction to a specific user. Y_ 15. Provision for optional time-out and auto logout of an inactive application session. 3.3.7 Interfaces 1. List which standard data interface formats and methods you natively support(XML, CSV, EDI, etc.). XML,CSV,DOC, XLS, MDB,TXT,COC In addition, Element DataTool supports over 230 laboratory instruments. Element also offers Invoice exporting to various accounting systems in native file format. 2. The application should have provision in the program for any subroutines on accepted data such aggregation, subtotaling, concatenation, etc. List what types of subroutine are supported in existing data interfaces. The DataTool instrument interpreters provide subroutines for the four arithmetic operations to generate results for calculated analytes. Such results can be imported directly into Element as a calculated analyte. t Custom equations within Element can be used for complex calculations. Such calculations are performed on data that has either been manually entered or Imported to Element. Analyte-specific data options are also available in a checkbox format, simplifying data handling rules: ✓ Use extraction final/initial r Use Custom Equation 'mss' r Report DET/ND results r Use Cleanup Factor r B r Dry-weight correct results r Use Cleanup final/initial r D r Dry-weight correct MDL/MRL r Heated Purge r E r Use%Recaveal for RPD r Dual Column r r Repot results to MDL r Use Extraction Solidsr U F Report results to MRL r Use Extraction pH ✓ Report results to Zero r Report ZR and RPD as Integers ✓ SimultaneousPrep/Analysis r Age DLREtRSCtoSample Name F. Adjust MOL/MRL for prep ratio variation r U tip Rounding Rules ✓ Compensate for water-miscible solvent r Report"Samples ✓ Ignore dilution in result calculation r E-Flagon Linear Range Value ✓ Ignore dilution in MDL/MRL calculation r &Flag on Calibration Response F MDL Inclusive r Exclude Unassociated Sequence 4C F MAL Inclusive r Compare wounded values to MDL/MRL ✓ Ajist MinMRL based on MDL r Compare mounded values to UC Lives ✓ No Dry Wt.Correction Allowed Data Options tab Promium Response to RFP#120349 44 PROM I UM We speak the language of your lab 3 The LIMS vendor shall also make available data feeds for an external database,separate from the LIMS data base, per the Addendum in Attachment II. Promium will follow a methodology similar to that described for data migration. The methodology will allow Promium to fully assess the data feed requirements and develop a strategy to develop and maintain a data feed from LIMS to the WQDB. The data feed methodology is a multiple phase process. The phases are as follows: • Data Feed Strategy • WQDB Analysis • Data Feed Design and Development • Testing and Implementation Promium will execute these phases to recommend a solution to transfer approved LIMS data to the WQDB staging tables. Data will be updated daily at a minimum though the solution will evaluate more frequent updates depending on system performance. The solution will also map data to the existing lookup tables to maintain ease of use with the WQNET and EMPACT systems. l Promium Response to RFP#120349 45 PRoMI UM We speak the language of your lab (. 4, Support and Services 4.1 Training 1. What provision do you have for providing primary training for the proposed system? Training shall be adequate to the needs of the typical systems user and administrator. Premium has a very comprehensive training program that is configured for the TWQ lab. All classes will be conducted onsite at the TWQ lab so that we can work with TWQL data to provide real-case scenarios. This method allows for a train the trainer approach,and for the trainer to simulate exactly how Element will work within the TWQL production environment. Hard copies/soft copies of training materials are provided. 2. What provision do you make for training the typical system user training to address those issues that will be encountered during day-to-day use? Be sure to include training on all system functionality—including screen and report use—and ad hoc report creation and use. Training sessions are customized for users' specific responsibilities, allowing trainers to focus on relevant topics for day-to-day activity. Real-world situations, samples, instrument interpreters, reports, etc. are all used to simulate the production environment as accurately as possible, enabling trainees to { get the most effective functional education possible. 3. What provision do you make for Administrator training to address those issues involved with the administration of the system? Should It be a separate training session? As with the other training sessions, the LIMB Administrator training is conducted separately. The administrator training process begins with the initiation of the implementation process, and the administrator participates in various stages of the early implementation and configuration of the system. 4. Do you have the ability to provide web-based training? Yes 5. What provision have you made for having a system environment available for training exercises? Training is typically conducted on-site,enabling users to be educated in their own working environment, with their own instruments, data, client machines, etc. Training Is typically conducted on a test database,which is typically a copy of the actual production database. 6. List in the following table each training module, its length, whether or not it is on-site, whether it is designed for technical or administrator/user level audience,and if optional or required. Training Module Class On or Audience Optional or Days/Hours Off Site Required See list below Promium Response to RFP#120349 46 PROMI UM We speak the language of your lab End-User Training(all sessions are onsite at TWQL) Conducted Onsite Proiect Management—covers setting up and maintaining Client and Project record in Element DataSystem.Also included are Bids, Invoicing,creating Reports and EDDs.This training is broken into 4 Classes. Project Management—1: 1.5 hr(LIMS Admin,CSRs, Lab Management) • Element Introduction, Data Hierarchy,and Status Paths • Adding and editing Client records, • Basic project setup, • Logging Work Orders and Samples into the system.Generating backlog reports and querying the database for sample records and test results. Project Management-2: 1.5 hr(LIMS Admin,CSRs, Lab Management) • Parent and Child Projects • Customizing Analyses for Projects • Defining samples and scheduling sample collection • Report Options Project Management—3: 1.0 hr(LIMS Admin,GSRs,Accounting, Lab Management) • Element Pricing l • Creating Bids for Clients and Projects • Editing Prices • Invoicing in Element Project Management-4: 1.5 hr(LIMS Admin,CSRs, Lab Management) • Reports and EDDs • Using EDD cross-tables • Historical Data Management Reports and SQL Queries Sample Control—2 classes,Covers actions needed to log Work Orders and Samples into the system.Also covers bottle orders,route sheets,sample custody and disposal. Sample Control-1: 1.5 hr(LIMS Admin,Sample Receiving Staff) • Element Introduction, Data Hierarchy,and Status Paths • Add Work Order,set Project Cooler Information • Assign Samples to Work Order,Assign Analyses to Sample • Editing Sample and Container information • Printing Work Order reports, sample labels,Attaching COC to Work Order • Using Quick Log, Bottle Order and Route sheets to login pre-logged samples • Using the Bulk Sample Editor and Field Data sheet Sample Control-2: 1.5 hr(LIMS Admin,Sample Receiving Staff) Promium Response to RFP#120349 47 PRom IUM / We speak the language of your lab l • Import/Export Work Order • Subcontracting Analyses and Generating Subcontract forms • Internal Sample COC and Sample Custody • Sample Disposal • Using Query Analysis/Query Work Status dialogs • Using the Update Work/Update Analysis status dialogs Laboratory—Training for the laboratory personnel is divided into 5 classes. These will cover all laboratory activities in Element DataSystem and the Element DataTool functionality. Laboratory-1:2 hr(LIMS Admin,Laboratory Analysts and Technicians) • Element Introduction 1, Data Hierarchy, and Status Paths • Element Introduction 2,Analysis setup and how samples are logged into the system • Creating Standards and Reagents in Element • Using Query Analysis Status dialog to create backlog reports Laboratory-2:2 hr(LIMS Admin,Laboratory Analysts and Technicians) • Creating Batches,Assigning Prep Methods and Analyses,reagents and surrogate standards • Bench Sheets,Adding samples to the Batch. Defining QC samples,Standards and duplicates • Spiking,Assigning spike amounts and.determining spike types • Rebatching, Creating Re-Extract samples and assigning to batches • Exporting Bench Sheet information, printing prep labels and work sheets. • Working with Leachates and Extracts Laboratory 3: 2 hr(LIMS Admin, Laboratory Analysts and Technicians) • Data Entry • Manual Data Entry based upon Batched Samples • Reviewing Data and Updating Analysis Status • Assigning Qualifiers • Audit Trail for results and qualifiers • Final Review of Data r Laboratory 4—Element DataTool Operations:2 hr(LIMS Admin, Laboratory Analysts) • DataTool Overview • Cross Table,defined and purpose of • Invoking DataTool from within Element data entry table dialog • Browsing for Instrument file type. • Using the Calculated analyte feature in DataTool • Data Entry using DataTool • Additional Features of DataTool Laboratory 5—Sequencing and Calibrations: 2 hr(UMS Admin,Laboratory Analysts) • Intro to Sequencing • Creating Sequence from within Element ! • Creating Sequence from DataTool file Promium Response to RFP#120349 48 PRoMIUM We speak the language of your lab • Create Calibration from instrument data • Attaching Calibrations to Sequence • Creating Reshot and Re-extract samples from Sequence dialog Quality Assurance—1 class on QA procedures in Element: 1.5 hr(CIMS Admin,QA,Senior Chemists and supervisors) • Setup of Analyses and Prep Methods • Data Review using Data Review checklists • Audit trail • Creating and applying QC Control charts Administrator and Core Group Onsite Training Conducted On Site Element Overview:3hr(CIMS Admin,Core Group) • Clients Projects,Work Orders and Samples • Batching Data Entry and Sequencing • DataTool operations • Reviewing and Reporting Data Installation of Element 1.5 hr(LIMS Admin,Core Group, IT) ( • Installation of Software • Creating the Element Server Files • How Element file structure is maintained • Managing related documents • Updating Element and DataTool software Setup of Element-1: 1 hr(LIMS Admin,Core Group) • Lab Info and Code Patterns • Users and Departments • Static Tables Setup of Element-2: 6 hr(LIMS Admin,Core Group) • Setting up Analyses and Preparation Methods • User-Defined fields Setup of Element-3: 3 hr(LIMS Admin,Core Group) • Creating Clients in Element • introduction to Projects MessageManager for Email messages: 1 hr(LIMS Admin, IT) • Installing MessageManager • Linking to Email program and database • How MessageManager works Promium Response to RFP#120349 49 PRom IUM / We speak the language of your lab • Setting up SQL Queries and Report Options • Using System Messages Administrator and Core Group Offsite Training Offsite Training will primarily be focused on the Core Group though others may be brought in as necessary, Project Management—Project Management Training for Core Group Project Management: 1.2hr • Adding and editing Client records, • Basic project setup, • Logging Work Orders and Samples into the system.Generating backlog reports and querying the database for sample records and test results. • SubContracting Analyses Project Management:2.2 hr • Parent and Child Projects • Customizing Analyses for Projects • Defining samples and scheduling sample collection • Project Report Options Project Management:3 2hr • Reports and EDDs • Using EDD cross-tables ■ Historical Data • Management Reports and SQL Queries Laboratory Standards:2hr • Creating and managing standard and reagent records in Element • Printing Standard Info and Labels • Attaching Documents to Standard Records Training Offered in Bothell,WA(offsite) Element and Crystal Report Workshop: 3 days The Element and Crystal Report Workshop is held quarterly at Promium offices in Bothell,WA. 3-Day Workshop focuses on creating SAP Crystal Report formats that can be run from within Element DataSystem. Included in the workshop are the following: • Creating and maintaining report SQL queries In Element • Working with output files • Basic Crystal Reports • Using Crystal Reports to create a laboratory report ( Promium Response to RFP#120349 50 PRom IUM We speak the language of your lab 4.2 Implementation 1. The Tucson Water Quality Laboratory requires an aggressive implementation schedule(as deathbed in section A of the RFP). Please state the assumptions that are implied in your Implementation timetable (City resources, your resources, third parties, etc.) and list the effect(s)of those assumptions not being met. Please see#6 below. 2. The Tucson Water Quality Laboratory(TWQL)will perform overall project management. Describe what provisions you will make to provide a project manager for your staff who will support overall project objectives and work effectively with the TWQL project manager and staff. Director of Implementation and Training John Albert will act as Promlum's Project Manager for TWQL. John has extensive experience working with our new clients, resulting in a very high rate of successful Element implementations and loyal customers. 3. Briefly describe your own project management methodology. Phased Implementation Methodology Premium has celebrated its 12th year of successful implementation services to over 240 environmental laboratories. The Promium implementation plan will work in partnership with all stakeholders of the project, including laboratory managers and IT managers,to begin the LIMS contract and design the schedule. As described in the schedule below, Premium and all stakeholders will first identify and document project goals and objectives,clearly define roles and responsibilities,and provide dedicated resources to the project. Specific deliverables once the contract is awarded will be outlined in an agreed-upon Gantt chart. Premium will begin bi-weekly team meetings via teleconference or in person with stakeholders as part of the communication management plan. A project management plan will also be agreed upon and implemented in concert with TWQL's Project Manager and IT department. A continuous and open dialogue between Promium and all stakeholders will ensure a timely and successful implementation. Stakeholder reviews will be part of the meetings, and as outlined in the tables, Promium will provide deliverables, requesting that TWQL review and comment within five to seven days after receipt of a deliverable. If stakeholder reviews or changes to customization requests are delayed,then these will be reflected In a revised Gantt chart. 4. Please attach a high-level project schedule,with milestones from each implementation phase. See#6 below. 5. Describe your approach to project communication,the strategy,the calendar, and responsible parties. Weekly conference call or onsite meetings take place through the entire implementation at a schedule that permits the inclusion of key personnel for both parties. Deliverables are reviewed and assigned, and the Gantt chart updated accordingly with schedule changes. Promium Response to RFP#120349 51 PRom IUM We speak the language of your lab 6. List in recommended order of implementation the proposed solution's tasks as, their average or typical implementation time, the suggested number of vendor on-site consultants, suggested number of customer staff, and the tasks' dependency upon activity. Immediately following the table, include any assumptions upon which your suggestions are based. 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PROMI UM We speak the language of your lab On Conference TWQL LIMS Manager,IT,TWQL Contract Officer,Premium Project Manager, Call: Implementation Engineer and Development Manager for Customization Goal• ✓ Determine project start date I Review contract ✓ Identify all personnel involved Participants: TWQL Project Manager,Premium Project Manager,IT,other LIMS stakeholders,and other Project Team Members with TWQL and Premium as requested Goal: ✓ Agree on project scope and timelines ✓ Revise Gantt chart for agreed-upon schedule ✓ Develop and determine communication plan ✓ Define expectations of deliverables and tasks from TWQL,IT and Promium • TWQL will be responsible for configuring the hardware-Promium and client will determine as needed,training and data conversion/migration ✓ Premium,IT and TWQL will determine if all hardware and software within the laboratory meet optimum performance requirements ✓ Determine biweekly meeting dates and times Deliverables: • Revised Gantt chart • Provide final written work breakdown plan • Communication plan outline • List of all project team member roles,authority and contact information • List of tasks for each team member and dates of expected completion • Determine additional hardware/software needed for project • Agree and document hi-weekly communication schedule Section C Is part of Initial Site visit Participants: TWQL Project Manager and Premium Project Manager/Implementation Engineer Goal; ✓ Determine optimal process flow for the LIMS to meet TWQL goals and long term trends,Determine optimal Element features and functionality needed by TWQL. Implement changes as needed to complement existing reporting patterns ✓ Determine all user requirements ✓ Determine current,and possibly furore,instrument interpretation ✓ Determine if"As Is"process flow is truly representative ✓ Determine if"To Be"Design is optimal for TWQL and Element ✓ Make suggestions as needed for improved LIMS design C ✓ Provide stakeholder reviews of system configuration Promium Response to RFP#120349 54 PRom IUM We speak the language or your lab Deliverables: • Document user requirements • Final instrument interpreter list(same as interface development) , • Finalize any agreed-upon opportunities for improvement ur i ib'H ddf(su, .lujli4.(:i P) 1r, tt i,lin'III, i:n'l 1tJut71t - - - - Participants: TWQL LIMS Administrator,IT Manager and Premium Project Managers/Implementation Engineers Goal: V Determine all server and client hardware and operating systems ✓ Design agreed-upon custom formats for client reports and routine printing jobs ✓ Address bar code usage and equipment ✓ Determine existing and custom electronic data deliverables(EDDs) ✓ Interface instruments and data systems ✓ Requirements for any external accounting packages to which invoices will be exported ✓ Develop LIMS data conversion/migration path to be imported into Element ✓ Install working database and shared folders on designated Element server ✓ Include field sampling data entry communication information ✓ Install Element client-side interface on client computers ✓ Setup and configure MessageManager Deliverables: • Sign off on Implementation Plan ( . ifG 6a1 it 71%'4ut 1 _itiiht . Participants; TWQL Project Manager,Promium Implementation Engineer/Training Specialist, TWQL Network Administrator and dedicated LIMS Administrator Goal V Train system administrators on administration features of Element ✓ Database/administration managers and possibly QA operations personnel will have two classes ✓ Admin users will learn Element vocabulary,interface,buttons,SQL query dialog,Crystal Reports,EDD customization and how to set up security features. Will also learn how to set up clients,projects,analytical and preparation methods and man::c LIMS static tables III Deliverables: • Training syllabuses • Completion of administrator training • Documentation of cot,•leted train). ;..� Nip: ill. w is7[JI ^ri,,,, it ( trY:ll,nil iii i31 wii,l, �. ll'�plr�t r . Participants: TWQL LIMS Administrator,Promium Project Managers/Implementation Engineers and Developers l Promium Response to RFP#120349 55 PROrM I UM We speak the language of your lab ` ✓ Populate static table information in database I Import client list from current database ✓ Build analytical test methods and preparation methods Goal: ✓ Develop EDD and report formats I Develop sample label formats and other print report formats • Complete all custom programming Deliverables: • All static tables fully populated • Analytical and prep methods established in DIMS • Client table fully populated • Report and EDD fotrnats delivered to TWQL • Label and other print report formats completed and delivered to TWQL Participants: TWQL Project Manager,Premiumlementation E _ o Imp Engineer and Network Administrator(if different from TWQL Project Manager) ✓ Initial testing of Element DataSystem ✓ Create project and log samples into system I Enter laboratory data manually and using DataTool ✓ Create an EDD in standard,or if applicable,client-specific format Goal' ✓ Create and print invoice and export invoice data(if applicable)into accounting package ✓ Send example email notification via MessageManager I Develop schedule for acceptance test planning Deliverables: • Full test of Element on limited data set • Identify and apply corrective actions as needed nun ,oh f i'.Jt<p Participants: TWQL and potential LIMS users,Promium Implementation Engineer/Training Specialist and Administration Goal: V Set up classroom and training schedules ✓ Designate and set aside appropriate space at the laboratory to perform training classes for users I Move training computers into the room and set up with Element LIMS training database I Schedule users to attend various training sessions appropriate to their roles within the various laboratory divisions I Access to intend while in training class Deliverables: • Training materials • Training space and computers provided by TWQL • List of TWQL users and type of classes to attend • Schedule of classes and amount of time needed by TWQL users to attend Promium Response to RFP#120349 56 PROMIUM We speak the language of your lab • Classroom-style training specifically designed to address priorities of end users • Personnel training documentation Participants: TWQL Project Manager,Promium Implementation Engineer/Training Specialist, Laboratory End Users Goal: ✓ Train end users with hands-on training within dedicated space at TWQL on their computers ✓ Promium will use TWQL s laboratory database to demonstrate and walk through the various phases of end users'features and responsibilities ✓ End users will actually work with sample control personnel and start logging in live customer samples and verify client and project information ✓ End users will,at a minimum,learn import/export of COC,quick log,analysis set up,query analysis status,standards,batching bench sheets,diluted spikes, printing,audit trail,review and reporting ✓ Premium provides detailed iustnicdons on selected features and tasks of Element that affect various users ✓ Training is an average of two hours per session ✓ Types of users to attend are: GC,GCMS,ICP,ICPMS,IC,LC users for DataTool instrument interface ✓ Laboratory Managers and Project Managers to attend project management class ✓ QA managers to learn about quality assurance administration ✓ Since Element is TNI driven,courses provide insurance needed to make sure TWQL is compliant ✓ Project managers and accounting personnel to learn additional accounting features ✓ Sample control personnel to learn about disposal and internal chain of custody ✓ MessageManager training and ClientConnect interface training Deliverables: • Training manual • Training syllabuses • Documentation of completed training Participants: TWQL Project Manager, Premium Implementation Engineer,Network Administrator (if different from TWQL Project Manager) • ✓ Begin parallel testing of Element with current LIMS(Sapphire) ✓ Create projects for laboratory testing and log tramples as received by laboratory ✓ Print sample labels and sample receipt reports ✓ Create batches and enter data Goal: V Import actual data from instrument using DataTool ✓ Report actual client data using client-specific report formats ✓ Create an EDD in standard,or if applicable,client-specific format ( ✓ Create,print and invoice an actual work order Promium Response to RFP#120349 57 sass PROMI UM We steak the language of your lab ✓ Export invoice data(if applicable)into accounting package ✓ Send example email notification via MessageManager ✓ Schedule and produce automatic query and/or report via MessageManager ✓ Activate Element and"Go Live" ✓ Develop schedule for acceptance test planning / Plan for parallel operation during warranty period Deliverables: • Premium and TWQL will be monitoring the life cycle of a sample through the TWQL laboratory on a daily basis • Make any corrective actions as needed • Review and approve all remote sample formats • Sign off on final system acceptance _ • Create transition plan for long term support Participants: TWQL Project Manager(if needed),Premium Technical Support Team,including Implementation Engineers who installed at TWQL a location and Developers that developed customizations / First year of annual support is included / Provide excellent support for the fust year and beyond with an annual maintenance agreement on Element ✓ Receive live on-line support ✓ Provide telephone support 24/7. Goal: ✓ TWQL to designate one contact person to handle technical support ✓ TWQL can also access an on-line knowledge forum with other users of Element,which provides peer group ideas on customizations and other technical features if Provide software updates and support on system components such as executables,libraries,controls,report formats and supporting files Deliverables: • Provide technical support for Element through on-line database,email and voice mail and if needed onsite, • On-line web-based support • Provide detailed analysis of support questions to determine if additional training in a specific area needs to be addressed or refreshed Promium Response to RFP 8120349 58 P RoM I UM We speak the language of your lab Data Migration The Promium team will follow a proven methodology to migrate the data from the current Seedpak system into the Element LIMS. The Element data structure contains tables to store legacy data and was specifically designed to allow organizations to easily access current and historical data from the same interface. The Element design combined with the migration methodology,assures that data migration portion of the project is completed correctly and according to the project schedule. The data migration methodology is a multiple phase process. Each phase will contribute to a successful data migration and allow for the migrated data to be properly maintained. The phases are as follows: • Migration Strategy • Data Source Analysis • Migration Design • Building Structure • Testing and Implementation ▪ Revisions • Maintenance Migration Strategy The focus of the overall data migration effort is determined in the strategy phase. Since most data migration projects result from system replacement,they often represent a small portion of the overall project. Migrating data from the TWQL systems requires three major phases: - Data Extraction • Data Transformation • Data Load It Is the core process that describes how the data Is obtained,transformed, and loaded into the final repository. Each step of the process will be slightly different depending on the data source and where its data will ultimately be maintained. Each of the three primary components of the data Extraction,Transformation, Load "ETU'process is discussed below: Data Extraction The data extraction step is responsible for extracting data from the source system. During extraction, data may be removed from the source system or a copy made and the original data retained In the source system. Extracted data is loaded Into the data staging area(a relational database usually separate from the destination database), for manipulation by the remaining processes. Promium Response to RFP#120349 59 PRom IUM We speak the language of your lab Data extraction is generally performed within the source system itself, especially if it is a relational database to which extraction procedures can easily be added.It is also possible for the extraction logic to exist in the data staging area and query the source system for data using ODBC, OLE DB, or other APIs. For legacy systems,the most common method of data extraction is for the legacy system to produce text files,although many newer systems offer direct query APIs or accommodate access through ODBC or OLE DB. Data Transformation The transformation phase is responsible for data validation, data accuracy,data type conversion,and business rule application. It is the most complicated of the ETL elements. It may appear to be more efficient to perform some transformations as the data is being extracted(inflne transformation): however, an ETL system that uses Inline transformations during extraction is less robust and flexible than one that confines transformations to the transformation step.Tools used in the transformation element vary. Some data validation and data accuracy checking can be accomplished with straightforward SQL code. Data Load The ETL loading step is responsible for loading transformed data into the destination database.The destination database is usually updated periodically rather than continuously,and large numbers of records are often loaded to multiple tables in a single data load.The data warehouse is often taken offline during update operations so that data can be loaded faster. The design of the loading element should / focus on efficiency and performance to minimize the data warehouse offline time. t Data Source Analysis The primary elm of the analysis phase in data migration projects is to identify the data sources that must be transported into the new system. Data sources are not limited to actual data processing systems,but can also include tools and/or formatted files created by users to accomplish their daily tasks outside the normal systems. The next Important part of the analysis phase involves evaluating the actual data.The data will be examined for both data quality and to identify those data that should be migrated. The analysis may uncover errors such as incorrect or missing data. If so, the data will undergo a cleaning step prior to the migration. Promium will work with TWQL representative to determine the corrective action for each error type. Migration Design Once the high value legacy data sources have been evaluated, the process of data selection is initiated. Each targeted data source will be reviewed by examining each data element Individually and determining if it will be moved into a data archive or become a component of the data warehouse.The design phase is essentially the act of making a checklist of the legacy data elements that must be migrated. Once the migration design is complete,the actual mapping process can be initiated. Data Migration Testing and Implementation Testing and implementation are often combined into one phase since they occur at the same time in most projects, Testing breaks down into two core subject areas:logical errors and physical errors. { Physical errors are typically associated with the scripts developed to extract, transform, and load data. Promium Response to RFP#120349 60 PRoMi UM We speak the language of your lab Logical errors are best identified during implementation. The first step is to execute the mapping. Even if the mapping is completed successfully,we must still ask questions such as: • How many records did we expect this script to create? • Did the correct number of records get created? If not,why? • Has the data been loaded into the correct fields? • Has the data been formatted correctly? After the data has been migrated,the goal is to verify the answers to these questions and to allow access to the data by a few designated users to assure that all high level data was included during the initial migration design phase and mapping. Revisions The revision phase is where any required cleanup is managed. Each and every data model modification, transformation rule adjustment,and script modification are essentially combined to form the revision phase.Once this phase is completed, all of the legacy data that was target for the migration will exist on the new platform either in an archive format or within the newly created data warehouse. At this point,the legacy systems will no longer be required and all data going forward will be collected in the new LIMS. If the LIMS Is not fully implemented,then an additional data migration event may occur later utilizing the same tools developed for the initial event. The tools at this point will be finalized and all revisions will have been incorporated. Maintenance The maintenance phase is put into place to assure that the scripts, mappings, and utilities developed are maintained in the event that additional migrations are required. In most cases,a second and final migration event may occur due to unanticipated delays in the actual role out of the primary system. It also includes the continued up keep to both the archived data and the data warehouse. LIMS Testing Testing is critical to a successful LIMS implementation. The Premium team subscribes to a multi-tied test strategy designed to identify and fix issues during the entire configuration and implementation process. The Promium test strategy includes unit testing during the population and configuration of the LIMS In addition to a comprehensive system test prior to acceptance and rollout. The testing will consist of the development of test reports that can be reviewed by TW QL. Software Specification and Requirements Promium is a configurable system that frequently does not require custom development. However In the unlikely event custom development is deemed necessary,the Promium team will follow an iterative approach to determine requirements and specifications. As necessary, the team will hold a series of meetings with representatives of stakeholder groups affected by the custom development. During these meetings the team will clarify objectives and functionality to be included in the customization. Following each meeting the findings will be incorporated into a requirements matrix and specification document. The matrix and specification will be refined during subsequent meetings with the same stakeholder groups. Promium Response to RFP#120349 61 PROMI UM We speak the language of your lab Once the requirements matrix and specification document has been finalized, it will serve as the formal scope for the development effort. The budget and timeline will be based on these documents. Aligning the budget,timeline,and scope prior to undergoing any significant development effort will help minimize rework and project risk. The requirements matrix and specification document will also serve as the basis for testing and acceptance activities prior to the customization being put into production. Schedule Based on the information provided by TWQL in the RFP and Promium experience Implementing Element in similar environments,it is estimated that the project will take approximately 6 months. This is measured from contract approval to final acceptance. A final project plan will be developed as part of the Project Initiation phase. The final plan will list individual project team members for each task. 4.2.1 Technical Support 1. List your technical support service offerings, their rates or fixed costs,and whether or not the service is included in the base cost of the system or optional. Description of Support Services Rate Bundled or Optional Phone support Bundled Remote desktop support Bundled Email support Bundled Online knowledge base Bundled Online user forum Bundled Remedial training(onsite or web-based) $50018 hours Optional (plus travel) 2. Describe the terms and conditions of your technical support service contract. Please reference the document°Promium Maintenance Agreement"in the appendix. Excerpts: a. Scope:Technical support services under this Agreement are limited to the two most recent major versions of the covered Software products and are available to customers who have a valid Maintenance Agreement. b. Services: Unless otherwise communicated,telephone support is available 24/7,365 days a year. Online documentation and other support materials are available at www.promium.com/support. Promium website is available twenty-four hours per day,seven days per week unless undergoing maintenance or repair. Each Element Datasystem customer requiring support must designate at least one primary contact person to manage technical support requests. Support requests should be directed to: Promlum Customer Support(Help Desk) 425.286.9200 phone or toll free at 877-Promium (776-6486) Promium Response to RFP#120349 62 PRoMI UM We speak the language of your lab 425.286.9201 fax or toll free at(800)878-7158 support@promium.com 3. List the locations of the nearest support offices in the Mountain and Pacific time zones, and the number of support people at each location. We have a team of support professionals available 24 x 7 x 365 days a year. They are located in Bothell, WA (PST)with backup in Springfield, Missouri(CST). 4. Describe your problem management and escalation procedures. Include information about logging and tracking calls, mean response time,and acknowledgment and confirmation to the customer. Promlum employs a multi-layered approach to support including: 1) First line phone-based support: Primary support is provided by a live phone-based support desk(toll free number)staffed by individuals who have direct laboratory experience and extensive knowledge of Element. Each call is logged into an online ticketing system and all tickets are tracked from Initiation through resolution. Customers are provided with responses in writing to all tickets and when appropriate, apprised of ongoing progress. The ticket log is reviewed regularly by members of the support and development teams. Problem resolution may involve transferring control of the users desktop to the support team member via a web conferencing service. Users may directly enter a trouble ticket via the on-line ticketing system. 2)Senior level support for escalations: Problems that cannot be rapidly addressed by the first line support team are escalated to individuals with a deeper knowledge of specific technical functionality or lab operations. This Includes the department managers responsible for support,implementation,and/or development. 3)Management team for unresolved issues: Issues that cannot be resolved by the first and second line support team are escalated further to the management team for resolution. This includes senior executives in the company. 4)On-line resources:On-line self-help resources are also available for troubleshooting and addressing known issues. 5. What percent of support calls requires a call back to the customer due to problem research, non- availability, or escalation?We estimate this to be less than 15%. 6. Is there an on-line database of questions and answers about service/support Issues that is accessible to clients? Can clients access the database 24 hours a day? Yes, a modest amount of information is available but the Support team is In the process of implementing a more extensive Knowledge Base. 4.2.2 Hardware Estimates 1. Hardware cost estimates are needed. TWQL will procure the appropriate hardware separately, but must know vendor recommendations. TWQL does not want minimal recommendations, but optimal. TWQL wants assurance that the hardware specifications will support the transaction and access levels growth for a minimum of five years. Promium Response to RFP#120349 63 PROMIUM We speak the language of your lab 2. Provide hardware recommendations in the table below; repeat the table (if necessary) to indicate different server options (ex. UNIX vs.Windows). Specifications of our quoted server(HP ProLiant DL360) CPU: Xeon E5620 2.4 GHz(quad-core) 1-100: 6 x 146GB in RAID 0,with two additional hot-swappable drives RAM: 12GB Element requires a single database server running either MS SQL or Oracle. The server OS is transparent to the Element client application. Thus, OS recommendations are best made by the database vendor. A single dedicated server can be used for the database functions outlined in the table below. Server Function Stand Alone Server Type/OS Sizing Characteristics Required (Y or N) Ex. Development N Per database vendor 6 x 146GB in RAID 0 Ex. Database N Per database vendor 6 x 146GB in RAID 0 Ex. Production N Per database vendor 6 x 146GB in RAID 0 Ex.Training N Per database vendor 6 x 146GB in RAID 0 4.3 Deliverables and Acceptance Please indicate your agreement to the acceptance criteria below. DefiVereble Acceptance Criteria Successful installation of the system An installation will be deemed successful If on the Tucson Water Quality TWQL staff can access the system to Laboratory Server. conduct configuration activities and can execute a full range of transactions using sample data. Y_ Data Migration. Data Migration will be deemed successful if TWQL staff can execute a full range of transactions using this migrated data. ,_Y Training Services and materials and Successful completion of training events as system documentation. determined in the proposal contract. Delivery of the system documentation as determined in the proposal and contract. _Y Software and hardware support for Vendor to resolve all issues surfaced during a specified warranty period and the warranty period to the satisfaction of proposed terms and conditions for TWQL. TWQL to review and accept terms the first five years of annual and conditions for annual support. Promium Response to RFP#120349 64 PRoMI UM / We speak the language of your lab t software support. Y_ TWQL requires a minimum and The system shall run without a high-severity error-free acceptance testing period error for sixty (60) days in order to be of 60 working days to complete final deemed, in writing by TWQL,that the system acceptance testing after the is accepted. Contractor(s) verifies the system is ready for acceptance testing to begin. 4.4 Acceptance Testing 1. Please describe what provision you will make for a testing plan to determine that the system Is operating properly, including, at a minimum, that all required functionality specified herein, except as noted otherwise In your reply, is included and performs as required. Please see the appendix document`TWQL Test Plan Sept 2011',which will be further populated during the early phases of the implementation. 2. Describe your data conversion testing process and how the customer will be presented with an acceptance of the conversion. Testing and implementation are often combined into one phase since they occur at the same time in most projects.Testing breaks down into two core subject areas:logical errors and physical errors. Physical errors are typically associated with the scripts developed to extract,transform,and load data. Logical errors are best identified during Implementation. The first step is to execute the mapping. Even if the mapping is completed successfully,we must still ask questions such as: • How many records did we expect this script to create? • Did the correct number of records get created?If not,why? • Has the data been loaded into the correct fields? • Has the data been formatted correctly? After the data has been migrated,the goal is to verify the answers to these questions and to allow access to the data by a few designated users to assure that all high level data was included during the initial migration design phase and mapping. 3. Describe your provision for testing in a post-configuration environment. Include the time allowed for all severe errors to be corrected before final acceptance and any provision you make for testing to be extended in the event that all high-severity errors are not corrected in the test window. System testing is a collaborative effort between TWQL and Promium implementers. During the implementation, the Test Plan (see appendix) will be defined and agreed upon. TWQL personnel will be responsible for testing specific items (ie. reports, instrument interpreters), and Promium Promium Response to RFP#120349 65 PRom IUM We speak the language of your lab ` implementers will examine other functionality of the system in an effort to test all configurable Items. Testing results must be well documented, and schedules adjusted accordingly to compensate for any deviations. The Gantt chart specifies the appropriate testing period, which should be sufficient enough for adequately resolving any errors. Promium implementers will extend testing if necessary to resolve all high-severity errors as agreed upon between Promium and TWQL. The neral testin outline is as follows: Participants; TWQL Project Manager,Promium Implementation Engineer and Network Administrator(if different from TWQL Project Manager) ✓ Initial testing of Element DataSystem I Create project and log samples into system I Enter laboratory data manually and using DataTool I Create an EDD in standard,or if applicable,client-specific format Gaal' ✓ Create and print invoice and export invoice data(if applicable)into accounting package ✓ Send example email notification via MessageManager ✓ Develop schedule for acceptance test planning Deliverables: • Full test of Element on limited data set • Identify and apply corrective actions as needed • Review and approve all remote sample formats 4. Describe the process you propose for final acceptance. Specifics of the final acceptance process are defined during the early implementation phases. Following is a general outline of the process: l lar •� s€G�,:' Participants: TWQL Project Manager,Promium implementation Engineer,Network Administrator(if different from TWQL Project Manager) ✓ Begin parallel testing of Element with current LIMS(Seedpak) ✓ Create projects for laboratory testing and log samples as received by laboratory ✓ Print sample labels and sample receipt reports ✓ Create batches and enter data ✓ Import actual data from instrument using DataTool ✓ Report actual client data using client-specific report formats I Create an EDD in standard,or if applicable,client-specific format Goal' V Create,print and invoice an actual work order ✓ Export invoice data(if applicable)into accounting package ✓ Send example email notification viaMessageManager I Schedule and produce automatic query and/or report via MessageManager I Activate Element and"Go Live" ✓ Develop schedule for acceptance test planning ✓ Plan for parallel operation during warranty period Deliverables: • Promium implementation engineers on site • Premium and TWQL will be monitoring the life cycle of a sample through the TWQL laboratory on a daily basis • Make any corrective actions as needed • Review and approve all remote sample formats Promium Response to RFP#120349 66 SENO PRom IUM We speak the language of your lab r • Sign off on final system acceptance • Create transition plan for long term support 4.5 Application Support 1. Describe the terms and conditions of your technical support service contract. Please reference the document•Promlum Maintenance Agreement'in the appendix. 2. List the locations of the nearest support offices in the Mountain and Pacific time zones and the number of support people at each location. All support is provided out of our Bothell Washington office and seven individuals are capable of addressing support issues. 3.LIst the levels of technical support, times of the day each level is available,and method of contact. 1) First tine phone-based support: Primary support is provided by a live phone-based support desk(toll free number)staffed by individuals who have direct laboratory experience and extensive knowledge of Element. Each call is logged into an online ticketing system and all tickets are tracked from initiation through resolution. Customers are provided with responses in writing to all tickets and when appropriate,apprised of ongoing progress. The ticket log is reviewed regularly by members of the support and development teams. Problem resolution may involve transferring control of the user's desktop to the support team member via a web conferencing service. Users may directly enter a trouble ticket via the on-line ticketing system. 2)Senior level support for escalations: Problems that cannot be rapidly addressed by the first fine support team are escalated to Individuals with a deeper knowledge of specific technical functionality or lab operations. This includes the department managers responsible for support, implementation, and/or development.These individuals are available by phone or email. 3)Management team for unresolved issues: Issues that cannot be resolved by the first and second line support team are escalated further to the management team for resolution. This includes senior executives in the company. 4)On-line resources: On-line self-help resources are also available for troubleshooting and addressing known issues. 4. Describe your problem management and escalation procedures. Include information about logging and tracking calls, mean response time, and acknowledgment and confirmation to the customer. See above 5. Is there a toll-free telephone number for clients to call with questions or concerns about ongoing service and support? What times are available for its use? Yes. Customers may call this number 24 x 7. 6. The Tucson Water Quality Laboratory requires a system availability of least 99.9% based on fourteen (14) hours per day, five (5) business days per week. Describe what methods you use to support the system remotely(e.g.VPN, etc.). Promium Response to RFP#120349 67 PRoMI UM / We speak the language of your lab l Most problems are able to be resolved over the phone or through the use of desktop sharing software (with the client's explicit permission). 7. If the application is down for longer than one business day, are you willing to make a technician available for on-site troubleshooting? Be sure to specifically indicate the level of on site expertise. On-site support Is available, the cost of which is dependent on technical fault. Ideally, the on-site support visit would be provided by the most senior member of technical support. 8. In the event of an extended service outage, describe what provisions you make to compensate Tucson Water Quality Laboratory for direct costs incurred to compensate for the outage. This unlikely situation would be elevated to the level of CEO Scot Cocanour for resolution. 9. List your technical support service offerings, their rates or fixed costs, and whether or not the service is included in the base cost of the system or optional. Description of Support Services Rate Bundled or Optional Phone support Bundled Remote desktop support Bundled Email support Bundled Online knowledge base Bundled Online user forum Bundled Custom Report generation $180/hr Optional Custom EDD generation $180/hr Optional 4.6 Key Personnel 1. Describe the provisions that you will make to staff the project with adequate experienced personnel, capable of the successful accomplishment of work to be performed under this Contract. include resumes of personnel who will be assigned. See below. 2. Describe your ability to maintain key project personnel in place for the duration of the project. Promium budgets time among key personnel based on current and upcoming projects, ensuring that they are able to remain available for the duration of their specific project assignments. 3. In the event that key personnel are not available for work under this Contract for a continuous period exceeding thirty calendar days, or are expected to devote substantially less effort to the work than initially anticipated,what provisions do you have to notify the City and, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications? In the unlikely event of this occurrence, Promium will notify the TWOL Project Manager as early as possible. Alternative veteran personnel with the appropriate(and significant)experience will be f proposed and assigned as a replacement. \ Promium Response to RFP#120349 68 PROMI UM / We speak the language of your lab l A dedicated team will be assigned to the lab for full implementation of Element.All Individuals assigned to this project have extensive experience relevant to water/wastewater and/or analytical analysis. The team will perform LIMS setup and implementation, analytical database configuration,system validations,data migration,customizations as directed by the contract,and training and long term support. The Promium team consists of experts in the fields of chemistry, computer sciences and software development. I1NQL PrEleQt �� r 1.•`147.` a x r;41/41 1-:16Rta p' ,9 s.«...c. �^y I:lil z n ��... .t - szsn * i s , &e s= , , John Implementation 15 years of experience in working with Responsible for the overall Albert Manager waste water laboratory based operations management of the project and assisting in the management of and will be the primary (Bothell,WA) LIMB installation projects. Similar project contact. Mr.Walla is include:Washington Suburban responsible for planning, Sanitation Commission, Clark County communication,schedule, Sanitation District,City of Los Angeles, budget and quality. County of Los Angeles, City of Austin, Hampton Road Sanitation District. Julia Element LIMS 20 years'experience in LIMS Executive overview and Wilcox Implementation management and Laboratory data management of all Engineer management. Installed Element in City operations of LIMS of St. Petersburg, Fl;City of Lawrence, installation, (Bothell,WA) KS; City of Abilene,Texas;City of implementation, training, Portland and Tacoma,WA support and long term maintenance. Kortland Element LIMS 5 years of experience working as a LIMS Responsible for developing Orr Implementation Project Manager. Similar project project schedules, Engineer management experience are City of Los conducting project Angeles County of Los Angeles, City of meeting, preparing project (Bothell,WA) Austin, Hampton Road Sanitation District documentation and installation, US Environmental Protection assisting with data Agency migration and system integration plans. Mr. Young will be responsible the day-to-day management of the project. Robed Data Migration Julia has been implementing Element for Member of Walla Manager the past 5 years. Similar installations implementation team for include:Louisville Water Company, US installing, implementing (Red Bank, NJ) EPA Regional labs, Minnesota Dept of and training of Element Health, Rhode Island Dept of Health, DataSystem Washington Dept of Ecology, and City of Portland. Frederick Migration Engineer Kortland has been in the laboratory Manage implementation (Trey) environment for 20 years. He worked in for installing,implementing Young (Kansas City, MO) labs that utilized Element and is an and training of Element excellent resource on our Training LIMS Team. Promium Response to RFP#120349 69 PROM I UM We speak the language of your Lab Jacob Element LIMS Jacob spent several years working in our Manage implementation Piker Implementation Support program on Element and is now for installing, implementing Engineer conducting training on Element at and training of Element various Installations across the US. LIMS (Bothell, WA) Promium is dedicated to customer service and providing unparalleled support not only during implementation but long after go-live. In addition to the core project team, an extensive support team is available to provide additional expertise to either the core team or directly to TWQL. Resumes for he support team will be provided upon request. �'TWAL ProJ' tn _ fs. {Y '+,'.ruf .,:rt s�x.'*x ; f,, ^"} ,.�.Fwr 'Ca s fid{ S-�' 3 CIor,Of.,,+`-'4x�d` Sri ,••+ ' ts�in � NIF i1` 11;14.x x '- * »X'+' 45; ' i.c :C K .er or, " .use�_ _ Bruce Director of Support Bruce has been with Promium for 10 Manage Support team, Bradbum years and in that time has managed provide escalation support, Implementation and Support teams. He contribute to oversight of has installed Element in numerous implementations and facilities across the United States customizations, support including many of our Regional EPA upgrade process. Labs,such as Region 6 in Houston, Texas. Ronnie Technical Sales Ronnie has been with Promium for 10 Resolve technical questions Bryce Engineer years and has over twenty years' and manage escalations experience in managing LIMS including laboratory experience. He has managed numerous installations of Element including North Texas Municipal Water District, City of Lawrence,American Water and many other commercial environmental labs. Doreen Technical Support Doreen is responsible for providing first Resolve technical issues and McIntosh Engineer level support and managing manage escalations. development of user manual content. Doreen is a trained chemist and has many years'experience as an Element user. . Lee Otis Contract Support Both Lee and David have 20 plus years' Manage all aspects of the lab and experience in the environmental Lab contract and or need to David arena. Lee formerly a US EPA upgrade to more Element Riese regulator. David is a former analyst, Licenses. trainer,Implementer, and sales manager. Promium Response to RFP#120349 70 PROMIUM We speak the language of your lab Core Project Team Resumes John Albert Director of Implementation Services $ th*p, tJ[ 71f6 nS .A • LIMS Administrator,Rayonier Research Center • Inorganic Chemistry Manager,ENCO Environmental Laboratories,Florida • Analyst,Clean Harbors Environmental Services, Florida E4u�{loli_I� - • B.S.,Chemistry-Northern Arizona University Exparlenr • Manage the implementation team responsible for Implementation of Element DataSystem. • Personally installed Element DataSystem at multiple laboratories and conducted training of hundreds of users.John has developed Crystal Reports for numerous Element clients,developed and interpreted archive/historical databases,and Interfaced hundreds of Instruments. • LIMS Administrator,Rayonier Research Center • He also developed and administered LIMS system for the research center and performed database administration functions. • Managed inorganic chemistry activities at ENCO Laboratories. • As a chemist,performed inorganic,physical and wet chemistry testing methods for the environmental testing laboratory • Active Member of American Chemical Society. Insfallations Before John became the Implementation Manager,he was an Implementation Engineer with Premium for over 5 yrs. He managed the Installations for many of our Florida clients such as City of St.Petersburg,City of Lakeland and City of Titusville. Currently John manages and coordinates the LIMS implementation teams. Promium Response to RFP#120349 71 PROM IUM f We speak the language of your lab l Julia Wilcox Implementation Engineer • Implementation Engineer, Promium • Project Assistant,Aspect Consulting • Technical Writer,AMSEC • Developer and Database Manager,EcoChem • Customer Service Director,Proposal manager,Quanterra Inc.Environmental Testing Laboratory. • Environmental Data Specialist,California Analytical Laboratory raEd Licatlon : _ • B.S.,Chemistry-Northern Arizona University Experience i r r • Julia has installed,Implemented and trained environmental laboratory personnel on Element DataSystem over the past two years. She is a great facilitator of knowledge on Element and its many functions. Her ( combined background in environmental testing and as a technical writer provides great insight into laboratory clients needs. She has recently completed numerous installations and contributes to the implementation of new software upgrades. • Directed laboratory subcontracting and data validation. • Translated and organized technical information for publication. • Responsible for database management,web development and data validation. • Responsible for managing proposals for Quanterra Inc.Environmental Testing Laboratory. • Environmental Data Specialist for California Analytical Laboratory Installations Julia has completed over 30 Installations with Promium.Ones that have been completed in the past three years Include: City or Portland,State of Washington,Department of Ecology, Manchester Environmental Laboratory, Port Orchard,WA. S-F Analytical,New Berlin,WI,MAS LLC,3945 Lakefield Ct.,Suwanee,GA.City of Portland, WWTP. South Coast Air Quality Control Lab In LA,CA. city of Tacoma,W WTP,Tacoma,WA,American Bottoms, WWTP, MI. Promium Response to RFP#120349 72 PRC)MI UM We speak the language of your lab Kortland Orr Implementation Engineer fxperlence • Implementation Engineer,Premium • Project Manager, Friedman&Bruya, Managed client projects within the laboratory,performed analyses in the organics and wet chem.laboratories, grew laboratory revenue through client development. • Business Development Director,Brooks Rand Labs Develop specific plans for achieving revenue goals,customer development,and development of existing and potential markets for both current and new services. • TestAmerica Laboratories(previously North Creek Analytical) Project Manager,Client Services Manager,Key Account Executive • Scientist,Weyerhaeuser Analysis and Testing Analyst in chromatography,wet chem,and physical testing labs. • Health Physics Technician,Newport News Reactor Services • Analyst,Intermountain Analytical Services �' Education • B.S.,Zoology, Idaho State University • B.S.,Biology, Idaho State University Experience - In the past two years Installations and implementations include in Portland OR-Alexin Labs, City of Portland, City of Tacoma,Tampa Bay FL-Southern Analytical,Edison NJ-EPA Region II,Louisville KY-Microbac, Durango CO- Green Analytical, Peoria 11-PDC,St Louis MO-PDC,Baltimore,MD-Maryland Spectral,Erle,PA-Microbac, Denver,CO-EPA Region 8, Los Angeles,CA-American Scientific Laboratories,Long Beach,CA-Advanced Technology Laboratory,Pennington,NJ-New Jersey Analytical. Kortland has been instrumental in developing training materials for many of courses that Promium provides. He is also involved in developing on-line manuals for refresher courses. He is experienced in providing thorough LIMSTraining to all different types of users. l Premium Response to RFP#120349 73 PROMIUM We speak the language of your lab Jacob Pitzer Implementation Engineer Summary of Positions • Implementation Engineer, Promium • LIMS Technical Support Representative,Promium • Laboratory Operations, Bio-Rad Laboratories Education' • B.5.,Chemistry-Western Washington University Experience • Recent LIMS installations and implementations include Tampa Electric,Fl,Maryland Spectral Services,MD, City of Tacoma,WA,Green Analytical in CO,American Scientific,CA. • Jacob staffed the technical support desk for Promium for over 4 years and handled technical questions on Element DataSystem. He also has provided assistance to clients with upgrade questions or new instruments to Interpret. • Trained in a laboratory setting to support production of commerdal products,operated and maintained lab equipment,and utilized proficiency with computers and networks. Promium Response to RFP#120349 74 PROMI UM We speak the language of your lab ROBERT D.WALLA PROJECT DIRECTOR AreeSaf r:xpertise • Laboratory Information Management Systems • Requirements Assessment • Laboratory Reporting,Visualization and Mining Systems • Computer System Implementation • System Validation Education • B.S.,Chemistry,Rutgers University Experience Principal-Laboratory Informatics Division,Astrix Software Technology,Inc., 1995-Present Mr. Walla is responsible for the overall management, development, and implementation of laboratory automation systems. This includes process evaluation and mapping, collection/documentation of requirements, system architecture,product evaluation,system implementation,system validation,system training and business process re-engineering. Laboratory Manager,ETC Corp.,Edison, N.J. 1992-1995 Responsible for directing the operation of ETC's Edison, NJ Laboratory Operations. Responsibilities Include management of all technical and administrative personnel, business/financial management of group including meeting revenue goals and cost management, management of customer contracts, development and management of Quality Assurance Project Plans(QAPP's). Director,Project Management,ETC Corp.,Edison,NJ.1990-1992 Responsible for directing the Project Management Staff at a large commercial contract laboratory. Interfaced with clients and regulatory agencies to ensure requirements were identified and executed. Mr. Walla also was a member of the design and development team that implemented a client contact database and Sales Forecast Production System. Mr. Walla's main responsibility was system implementation and validation of the final products. Director,Project Support/Database Products,ETC Corp.,Edison,NJ.1987-1990 Directed the coordination of the ETC laboratory to provide government and clients with compliant analytical data in a highly regulated environment. Managed technical and administrative staff that acted as liaisons between the client and laboratory operations. Duties Included financial forecasting for all analytical programs, management of product line encompassing over two thousand products, administration of proposal generation, pricing policies, and sales accounting, Designed and implemented client proposal generation and tracking database.Mr. Walla also directed operations of Database Products Group. Responsible for management of computer programming professionals and administrative staff, design and Implementation of new products, management of analytical results and quality control database. Directed migration from enterprise database system to PC/ l Network architecture. Promium Response to RFP#120349 75 PRom IUM 11 We speak the language of your lab t Frederick(Trey)Young Data Migration Specialist OR Areas of Exper'tiSe.:. - • Laboratory Information Management Systems • Data Migration • Computer System Implementation • System Validation Education • B.S., Electrical Engineering, University of Missouri, Rolla Expen nae Technical Project Manager-Laboratory Informatics Division,Asti-ix Technology Group,Inc. Astrix evaluates,develops and integrates applications to enhance the collection,processing and reporting of scientific data. Mr.Young specializes In business process assessment and design. He is an expert in developing and implementing data migration strategies Mr.Young is also a specialist in network engineering and network design. 2002—2006 Project Lead, Black and Watch Solutions,Overland Park,KS Responsible for leading teams ranging from 5.75 technical staff responsible for process evaluation,process design,system requirements,system evaluation,system testing and production support. Provided technical project management functions for BV solutions,a wholly owned solutions provider of Black and Watch,a privately held global engineering firm. Assisted In validation support and technical writing and designing custom web based help services. 2001-2002 Information Technology Lead, Black and Veatch Solution,Overland Park,KS Expanded data retention and reporting capabilities of internally-developed Customer Relationship Promium Response to RFP#120349 76 PRom IUM We speak the language of your lab Management software. Created new standard reports and ad-hoc reports,as needed. Cleaned and imported new data from sales and marketing efforts. Responsible for all aspects of the management of software system testing,validation,documentation and packaging. 1996-2001System Engineer,sprint,Westwood,KS. • Project Management: Oversaw renovation of physical and computing infrastructure at a Sprint technology research laboratory. Monitored activities of internal and external staff in updating lab capabilities to allow for easier access of computing and network assets. • Result: Improved capabilities of laboratory in completing larger,more complex projects. • Network Systems Engineering: Prepared engineering specifications and supported implementation team on networking projects. Reconciled planning goals with existing site and network limitations. 4.7 Defective Product 1. All defective products provided by the Contractor under this agreement shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor. The City must receive all replacement products within seven(7)days of initial notification. This is acceptable. Premium Response to RFP#120349 77 h 6 p1 E r� r PROM! UM We speak the language of your lab 5.1 Cost Summary Description Total Cost$ 1. Base System Modules (exc. Maintenance) 25 Concurrent User License of Element DataSystem® Element is a unified Commercial Off the Shelf(COTS)LIMS. All features are included such as: -Project Management -Sample Control -Laboratory Operations -Quality Assurance -Reporting(standard reports and EDDs) -ClientConnectApplication -Instrument Interface with lab equipment and field data(DataTool) -Bar Coding Capability -Off site and On site application of Element - ISO 17205 Compliant and NELAC(TNI)driven -Numerous Label Printing options -Invoicing -MessageManager alerts -Query of current and historical data after Migration 1. 9%discount off Element DataSystem $119,500 As part of our Agreement to participate in the Cooperative -$10,755 Purchasing Program with the City of Tucson. Subtotal of Element DataSystem Software after 9%discount is: $108,745 2. Optional Modules in Suite(exc. Maintenance) Element DataSystem is a unified COTS - all of our features are included Included with the license. We do not price any software components individually. 3. Optional Software from Partners $699 A license of Crystal Reports is bundled with Element 4. Implementation Planning and Consulting (Detailed description of Implementation, Installation and consulting $35,000 services are all outlined in the Proposal) 5. Data Migration Task Rate($/Hr) Hours Cost Migration Strategy $165.00 24 $3,960.00 Data Source Analysis $165.00 24 $3,960.00 $24,420 Migration Design and Execution $165.00 60 $9,900.00 Testing and Implementation $165.00 40 $6,600.00 Total Data Migration 148 $24,420.00 Promium Response to RFP#120349 78 PRCMI UM We speak the language of your lab 5.Training • Train the trainer • End user • Technical for TWQL individuals who will be working with the Promium to configure the applications including establishing $20,400 databases and interfaces, data conversion,customization, and upgrading the customized software. • System administration training for TWQL personnel who will be responsible for ongoing maintenance and administration of the system, including security 6. Expenses(Travel Expenses)$500/day estimate 30 ensile days $15,000 Subtotal $204,264 7.Software Maintenance&Support(for 5 years) There is no charge for Annual Maintenance in the first year which begins upon Element Installation. After the first year the Annual Maintenance will be$625/per user x 25 $71,825 licensed users=$15,625 x 5 yrs = $71,825 If the City wants to purchase 5-10 years in advance we will provide a locked in discount of 10%off the total of the amount of years purchased in advance. 8.Additional Software Tools or Utilities: Instruments or equipment that lack a network or RS232 port(ie. Balances, { pH meters) require a third party software package such as Winwedge N/A ($399 per license). However, currently TWOL has developed their own integrated software that should suffice for these Instruments to be interpreted with DataTool. 9. Hardware HP SB DL380 G7 E5620 SFF(HP ProLiant DL 380) $2815 3 x HP SB 4GB RAM 1 Rx4 PC3-10600R-9 KIT $413 $5,331 3xHPSB146GB6GSAS 10K2.5lNDPENT $2103 TOTAL $5331 10. Additional Services WQDB Data Feed($165/hr) Task Hours Cost Data Feed Strategy 32 55,280 $28,545 W(/DB Analysis 16 $2,640 Data Feed Design and Development 80 $13,200 Testing and Implementation 45 $7,425 Total Data Feed 173 $28,545 Promium Response to RFP#120349 79 PROMI UM We speak the language of your Lab Customization of Required Reports in Section 8.1 of the RFP Report Estimated EstimatedDt p Hours ($180/hr) 8.1.1 DWAR Form 1 -Total Coliform $ Rule Distribution System Monitoring 16 2,880 8.1.2 DWAR Form 1G-Ground 16 $ Water Rule Reporting Form 2,880 8.1.3 DWAR form 3-Synthetic Organic 12 $ Chemical Analysis Report 2,160 8.1.4 DWAR Form 4-Volatile Organic $ Chemical Analysis Report 12 2,160 8.1.5 DWAR Form 2 IN-Inorganic 12 $ $30,960 Chemical Analysis Report 2,160 8.1.6 DWAR Form 9-New Source $ Approval Report 40 7,200 8.1.7 DWAR Form 8-Lead and Copper $ Analysis Report 24 4,320 8.1.8 DWAR Form 16-Individual Sample Analysis Report- 8 $ Disinfection Byproducts 1,440 8.1.9 DWAR Form 16.2-Annual 16 $ Disinfection Byproduct Report 2,880 8.1.10 DWAR Form 18A-Maximum 16 Residual Disinfectant Level Report 2,880 TOTAL $ 172 30,960 DO NOT APPLY SALES TAXES Subtotal $340,925 TOTAL TBD 5.1.1 Detailed Cost Schedules Supporting Cost Summary Provide an itemized breakdown of all software being proposed from the core system, optional modules, and third party. NOTE: If annual maintenance varies by year,provide detail in section 6.2.7 below. 5.1.1.1 Core System Modules 1. List the required modules for the base system and additional modules that are necessary to meet the City's core requirements as outlined in the Application Software section of the RFP. Promium Response to RFP#120349 80 PROMIUM We speak the language of your lab Cost of Annual Software Required Maintenance* Description License Fee (givedetails in Training #7, a ) Core System Modules 25 Concurrent User License of Element DataSystem® $ 119,500 Including 9%discount $10,755 $14,500 $15,625 Total $108,745 $14,500 $15,625 5.1.1.2 Optional Modules In Suite 1. List the modules contained in the product suite that are beyond the City's core system requirements, and are optional purchases. Cost of Annual Software Required Maintenance* Description License Fee Training (give details In #7,below) Optional Modules in Suite t Element is a Commercial Off the Shelf(COTS) LIMS NA NA NA NO additional Modules are needed or required (NA)Not Applicable Total 0 0 0 5.1.1.3 Software from Partner or Third Party 1. LIst software being proposed that Is provided by a third party. Cost of Annual Software Required Maintenance* Description License Fee Training (give details In #7, below) Software from Partner or Third Party(list) (1) License of Crystal Reports $699 Included NA Total $699 Included NA Promium Response to RFP#120349 81 PRoMI UM We speak the language of your lab l 5.1.1.4 Implementation Planning and Consulting 1. List recommended consulting services for implementation. This should include all services that will be needed to install the modules, test, and review after go-live. Expand the description for each service if needed for clarification. Following the table,give the reasons for the recommendations. Amount in Description and Amount Person-Time Total of Recommended Consulting Services (e.g. Person- Costs hours) Planning/Project Management ($180/hr) 100 $18,000 Implementation($180/hr) • Services to implement Element include: • Configuration 95 $17,000 • Interfaces/Integration • Testing(user, system) Total $87,965 5.1.1.5 Training 1. List training categories. Indicate if bundled or unbundled and state the cost in dollars. Be sure to break out technical training for IT support staff separately from user training costs. Training Categories—List by Audience(Technical or Days Cost User) Train the Trainer of Senior TWQL Staff 3 $4500 City Specific Training development-User 4 $5700 City Specific Training development—Technical 4 $5700 City Specific Training development—Administrative 3 $4500 Total $20,400 Upgrades and new versions to the system that affect end-user functionality include training at no additional cost(e.g.classroom or online training, training flier, release features,etc.) Training is provided in a variety of formats for product installation, use, and administration for a variety of levels (e.g. basic, advanced, refresher,etc.) All training manuals, training plans and other documentation provided become the property of the State. Expenses 1. List all relevant additional expenses such as travel supplies. Expenses Cost Travel$500/day includes Air, Rental Car, Lodging, Per Diem 30 $15,000 Total 30 $15,000 ( Promium Response to RFP#120349 82 P ROM UM We speak the language of your lab t 5.1.1.7 Software Maintenance and Support Provide detailed costs for each module or package included numbers 1, 2, and 3, above. Indicate any standard escalation rates. List each Installed or Supported Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL application Software Maintenance and Support Included $15,625 $15,625 $15,625 $15,625 $62,500 on Element DataSystem LIMS® -10% if purchased all 5-10 years in -$6250 advance Total $56,250 5.1.1.8 Additional Software Tools or Utilities List all software that is being proposed to assist in product development, implementation, reporting, or maintenance. Software Cost of Annual Description License Fee Required Maintenance" Training ( (2) License of Crystal Reports $699 Included NA Total $699 Included NA 5.1.1.9 Hardware Supplied (If applicable) Hardware cost Configuration 3 years Description cost Maintenance HP SB DL380 G7 E5620 SFr(HP PmLiant DL 380) $2815 3 x HP SB 4GB RAM 1 Rx4 PC3-10600R-9 KIT $413 3 x HP SB 146GB 60 SAS 10K 2.51N DP ENT $2103 $5,331 NA NA TOTAL $5331 Total $5,331 NA NA 5.1.1.10 Additional Software Tools or Utilities 1. List all software that Is being proposed to assist in product development, implementation, reporting, or maintenance. Promium Response to RFP#120349 83 PRom IUM We speak the language of your lab Software Cost of Annual Description License Fee Required Maintenance* Training No Additional Software needed Total NA NA NA 5.1.1.11 Additional services 1. Please describe additional services offered (data migration, interface development, API for other programs, etc.) and provide pricing for each. Indicate whether each service will be one time or will be base-lined Into the core application. One time vs. Service cost Service Description base-lined Data Migration($1651hr) Task Hours Cost Migration Strategy 24 $3,960.00 Data Source Analysis 24 $3,960.00 One-time $24,420 Migration Design and Execution 60 $9,900.00 Testing and Implementation 40 $6,600.00 Total Data Migration 148 $24,420.00 W QDa Data Feed t$165/hr) Task Hours Cost Data Feed Strategy 32 $5,280 WQDB Analysis 16 $2,640 One-time $28,545 Data Feed Design and Development 80 $13,200 Testing and Implementation 45 $7,425 Total Data Feed 173 $28,545 Total $52,965 5.2 Cooperative Purchasing 1. The City of Tucson Department of Procurement facilitates a program through which contracts are made available to other agencies. The City markets these contracts on behalf of participating vendors. If interested in participating in this program, please see section 3.1.1 of Part A,and respond to the following questions. If you are not interested in this program,indicate that with a statement here and delete the remainder of 5.3. Promium would be pleased to participate in the"Cooperative Purchasing Program". We currently have a LIMS contract with Pima County as well. We know that our contract with Pima County is available to other agencies including the City of Tucson. However,if it helps both the State of Arizona and Promium to provide our LIMS under the City of Tucson's"Cooperative Purchasing Program"we will participate assuming the two contracts are not in conflict with each other. Our 2011 LIMS software price reflected under this contract is for a licensing volume of 25 concurrent users. If an agency requests a smaller number of users then the per licensing volume pricing does Promium Response to RFP#120349 84 PRom IUM We speak the language of your lab not apply but if an agency is to purchase more than 25 Concurrent users the volume discount will apply. We will provide a 9%discount on the software based on the per concurrent price of the volume requested. 2. How is pricing extended to the City of Tucson's Cooperative Purchasing agencies —i.e., what pricing is firm? What pricing is dependent upon the participating agency's needs? Also, describe how pricing is offered for the five-year term of this contract(i.e. if an agency uses this contract in its 3rd term,what kind of pricing can they expect,etc.)? Promium has provided a 9% discount on our LIMS Element DataSystem software under this contract. Our Federal GSA clients under (GSA Contract #24F0064M) receive 10%. According to our GSA contract we cannot offer a 10% discount in another cooperative contract for our LIMs system because according to our GSA contract Promium is to maintain (Most Favored Customer, MFC) pricing for the federal government. However, if a client in the state of Arizona has received federal funds to procure a LIMS system then Promium can offer a 10% discount for that client under our current GSA contract. The software prices are firm with a 9% discount. Our hourly rates for implementation and development will follow the same rate as proposed In this RFP. The five year term of this contract will also continue to provide the 9% discount off for Element DataSystem software. Implementation services and custom development costs applied during a new installation of Element DataSystem for a cooperative purchasing agency may see hourly rates increase as a result of cost living adjustments. 3. Provide information on available rebates. Discuss if the City of Tucson as the lead agency on this cooperative contract will receive an administrative fee based upon other agencies' usage of this contract. Offerors should state proposed percentage, state what the fee is based on (i.e., licensing fees, services, etc.), state how usage is tracked and reported to the City, and state how/when the administrative fee is be paid to the City. Please offer any other additional information that will aid the City in our evaluation. See Part A, paragraph 3.1.1 Cooperative Purchasing for additional information. Promium will provide a 1% administrative fee off the price of the discounted software to the City of Tucson as the lead agency on this cooperative contract. This fee will apply only if the cooperative agency sole sources to Promium. This essentially provides a total of a 10% discount with the 9% discount going to the Cooperative Agency and the 1% fee to the City of Tucson for managing the Cooperative Contract. 5.3 Payment 1. Each milestone shall be separately accepted by the City. The City may request that progress payments be tied to milestones achieved, so Indicate which milestone would have payments tied to them. If these milestones are associated with the Cooperative Purchasing Contract, payments would begin once the contract is final and Element is shipped and paid for. Once a contract is signed the first milestone is to ship Element to the client which will have an invoice with a discount of 9% to be paid within 30 days upon receipt of invoice. Once the software is paid then Promium will pay the City of Tucson a 1%administrative fee from the software invoice. If Section 5.3 refers to the contract between Promium and the City of Tucson for the TWQL installation of Element DataSystem then we would propose to invoice the City per the Payment ( Schedule below. Promium Response to RFP#120349 85 PRoMI UM We speak the language of your lab This table provides a sample of milestones that would apply to our TWQL LIMS schedule: Item Description Price to be inserted Payment Schedule # after final contract negotiations are complete 1. Element DataSystem Due upon receipt of software; software license for 25 install will not take place until concurrent users payment is received. 2. Crystal Reports Due upon receipt of software. 3. Initial teleconference; Due Net30 days from Project Initial Project Team Team Meeting Meeting 4. On-site and Off-site Due Net30 days from install of Implementation costs software on clients-or—Due net 30 days from each on-site visit. 5, Train the Trainer Due Net 30 days from end of LIMS Admin training each on-site training visit. End User Training and other Training sessions as needed for additional Users 6. Travel Expenses Due Net 30 days from end of each on-site visit. 7, Custom Reports&EDD Invoices will be issued bi- Development monthly for hours worked and due net 30 days. 8. Data Migration Invoices will be submitted by contractor bi-monthly for hours worked and due Net30 days. 9. Initial 5 Year(s)of If paid in advance then 10% Annual Maintenance for discount will apply to the total Element DataSystem cost of 5 years of Annual (25 concurrent users) Maintenance due Net 30 days. If paid on a yearly basis then the discount will not apply and will be due Net30 days. 2. Please provide your payment terms. (30 days after receipt of payment from Cooperative Agency) 3, Method of payment X_ 1. Do you have the ability to accept payment via Visa/MC credit cards is accepted, either for the product or for support? Promium Response to RFP#120349 86 PROMI UM We speak the language of your lab X_ 2. Provide additional discounts for payment by credit card (i.e., does the use of the card entitle agencies to a deeper percentage discount off of a manufacturer's price list?) We can negotiate these terms during a BAFO. We have not provided this In the past but are willing to negotiate terms that will work for the City of Tucson. 2. If additional discounts do apply(above), please provide the amount of discount. If payment on services and software are received within 14 days of invoice we will apply another 2% off the invoice. 5.4 Warranty & Maintenance 1. Describe your provision to defer the start of warranty until after final acceptance of the system by the City. This is acceptable. Promium warrants,for a period of ninety(90)days after access is first provided to you,that the Software will operate in conformance with the documentation supplied with the Software. Promium's sole obligation under this warranty is to,at Promium's sole option,correct or replace the Software so that it will perform as above warranted or refund a prorated portion of the related license fee. This warranty is void if any unauthorized modifications are made to the Software or If the Software is not used in compliance with its documentation. 2. What level of customer technical support services and response times are provided as part of the r products basic license fees, and what additional cost services or extended warranties are available? l Promium offers the same level of support to all customers. Response Is typically made within 6D minutes of initial contact(voice mail or internet). Additional training services are available for$500/day(either web-based or onsite). 3. Are all enhancements and upgrades of licensed software delivered as part of the client's annual maintenance contract? If not, explain what costs, including consulting costs, might be required. List the typical frequency of major upgrades, minor releases and bug fixes, and state whether upgrades are cumulative. Yes, all updates are available per the maintenance agreement. Updates are cumulative. Major releases are made approximately twice per year. Minor builds are released as needed throughout the year. 4. Describe any discount schedules or special entitlements for the maintenance agreement. A 2%discount applies for maintenance agreements paid In advance beyond year 2. 5. Attach terms and conditions for the warranty and extended warranty in an appendix Please see the EULA and Warranty Agreement document in the appendix. 5.4.1 Extended Service Agreement ( 1. Provide costs for optional extension of service support beyond the required five years. Promium Response to REP#120349 87 PROMIUM We speak the language of your lab l Year 6 Year 7 Year 8 Year 9 Year 10 Total Annual maintenance $15,525 $15,836 $16,152 $16,805 $11,141 $82,409 costs for 25 users 6. Additional Information If there are any additional points you would like to make regarding your product that you feel have not been adequately covered by the preceding sections, please describe. This section is included in the page count total of the RFP. 7. Appendices 7.1 Vendor Materials This section is provided to insert hard copy information and materials that are requested in several sections of the proposal response. These documents do not count toward the page count total of the RFP. These hard copies should only be included in the single original hard copy proposal response and inserted with that original In a three ring binder. Include your materials under the following headings. l Promium Response to RFP#120349 88 i /' 3 PRom IUM We speak the language of your lab l 7.1.1 Vendor Qualifications Promium /Astrix Partnership Both Promium and Astrix were founded with a specialization in the environmental testing industry by principals who owned or worked for the largest independent testing company throughout the 1980's and into the early 1990's.This focus is reflected in every aspect of the company,from the design of Element DataSystem to the approach to implementation and project management. Promium's expertise is in the development and implementation of Element, a state-of-the art,COTS LIMS specifically designed for the environmental analysis performed in the water and wastewater organizations. Astrix's experience in performing complex data migration and integration bring best-practices to the TWQL project. We believe the experience and unique strengths of this team provides a competitive advantage to foresee and avoid obstacles that other LIMS vendors would not address. Promium Background Promium LLC is a leading provider of laboratory information management systems (LIMS)for commercial and public sector testing laboratories.We focus exclusively on labs that primarily test soil,water and air. Because of that focus,we are able to tightly align our products and services with the needs of our customers. Over 200 laboratories have implemented our Element DataSystem LIMS and we support facilities that range in size from two to over one hundred users. ( Promium has served the analytical laboratory market for over thirteen years and Element DataSystem LIMS has been selected by over 240 laboratories—including fifty Federal, State and Municipal labs(with implementations at seven of the ten EPA Regional labs). We have several customers in the State of Arizona but of particular relevance for the City of Tucson is the Pima County Regional Wastewater Reclamation agency/Compliance Regulatory Affairs Office(CRAO)which selected Element to enable CRAO to achieve NELAC certification for the new Central Laboratory Complex Element has been in deployed in many commercial labs in Arizona which electronically report to Arizona Department of Health Services,Arizona Department of Environmental Quality and U.S. EPA Region 9. Promium is already aware of the required reporting formats and understands that even though Arizona is not a NELAC accredited state they may want to follow similar regulatory requirements in case accreditation needs change. Element is designed and developed based on NELAC, ELAP and GALP regulations and standards such as ISO 17025 and other state and municipal regulatory frameworks. Element is designed to work with environmental compliance analytes, EPA and Standard Methods 20th Edition, as specified in 40 CFR Paris 136 and 141 of the Federal Register,and Physical/Chemical Methods,SW 846. CAS Registry Numbers and ADEQ contaminant codes. Utilizing a unified approach to product architecture Element includes all core functional components in one system. There are no additional modules to purchase, integrate or maintain. This approach not only creates a favorable total cost of ownership for the City, but makes it easier to implement and upgrade the system. Element employs a centralized database and a data repository for information storage. The Element application is deployed to the desktop for lab technicians, project managers, QA,the management team, and other lab personnel. Element is also capable of transferring data to and from external systems as generally described in the technical requirements matrix. Using a widely adopted standards-based Microsoft platform technology, Element is highly configurable. Using tables and check-boxes,many modifications to the system can be implemented without changes to the software codebase. Element Is compliant with commonly used versions of Microsoft software and supports Promium Response to RFP#120349 89 PROMIUM We speak the language of your lab the Oracle and Microsoft SQL database. Element also Incorporates Crystal Reports from SAP, the industry standard report writing engine,to provide pre-defined and customized reports. Element includes instrument interpreters for all major analytical instruments that create a digital output. These interpreters enable the DataTool functionality within Element to automatically upload instrument results for review. In addition to supporting the instruments listed In the RFP, Promium generally provides interpreters for new instruments at no additional charge as a benefit of the annual maintenance plan. At the pre-bid meeting on September 14,2011 it was mentioned that there might be additional instruments added to the lab. Since our installation includes all instruments to be brought online we expect to add these as well. Promium will also offer different strategies for migrating Seedpak data into Element or into an historical database repository. Astrix Background Astrix is a recognized leader in helping organizations digitize the collection and management of scientific and operational data. Our innovative technologies allow our clients to deploy systems that turn data into knowledge,increase organizational efficiency,improve quality and reduce costs. Astrix's services are organized along the following business lines: Consulting As a vendor and product independent expert in scientific data management systems,Astrix assists clients in the evaluation and implementation of both commercial off-the-shelf(COTS)and custom solutions.Astrix can manage the entire life cycle of a technology project from business case preparation through deployment or provide Project Support Services to augment internal resources. Integration Many organizations have invested considerable resources in point source solutions but have yet to integrate them with other applications to create a comprehensive solution.Astrix can integrate disparate systems to create an enterprise approach to data collection, management and reporting. Astrix History Astrix introduced its first product,Aquarius®, in 1983.Aquarius,a data processing and reporting package for environmental testing laboratories,was licensed to the Hewlett Packard Company in 1983 for marketing and distribution.Aquarius was installed in over 700 analytical laboratories worldwide and became the de-facto industry standard for chromatographic system data acquisition.Throughout the 1980's Astrix continued to develop commercial software solutions for high throughput analytical laboratory environments. In 1991,Applied Bioscience International (NASDAQ:APBI), an international life sciences company with a portfolio of clinical, environmental, toxicology,and agrichemical expertise providers purchased Astrix.Astrix expanded its system development capabilities to service these corporate affiliates and broadened its market. The firm's focus expanded from laboratory information management systems (LIMS)to broader scientific data processing solutions. In 1995,management purchased Astrix in an asset purchase agreement with APB',forming a privately held corporation organized in the State of Delaware overseen by the original managing principals with oversight from an independent Board of Directors.The company expanded through a series of strategic acquisitions servicing various market segments. Promium Response to RFP#120349 90 PROMIUM ( We speak the language of your lab 7.1.2 Company Organization and Segmentation Scot Co anour CEO 1 •a �_ •.a • _ Director of Buddy Wilson I Director of sales Marketing Accounting President/CO O Implementation& Support Andy levy • —1 I John Albert&Bruce Kent Patton 1 Melissa Pareell Bradburn I 1Can International ServicesDir -- g � gouinSMR Development Manager Julie Wilcox yl Implementation H Arlene Nguyen Glen Lagrou Manager Lee Otis Accounting Mgr Application A- PublicSector Sales Operations Developer Manager Kortland Orr Implementation Manager Scott Davidson David Riese Web Developer Sales Engineer • Jacob Plt • Implementation SWeta Delta Manager i — Application — Robert Dens t (\ Developer � Sales Engineer { �TeehnYal suppo�'h s Contract Lab Doreen McIntosh ..II Program(CLP) Developer 1 Tech iineerles �'lll Engineer I Ronnie Bryce yl Open Report Developer Promium Response to RFP#120349 91 PROM1UM We speak the language of your lab 7.1.3 Financial Statements t K Promium Response to RFP#120349 92 PRoMIUM / We speak the language of your lab l 7.1.4 Business and Development Plans General Business and Development Plans Promium is a closely held private entity that treats proprietary information confidentially. We can share high level business and development plans with a prospective customer if the City agrees to not disclose the data with any parties outside of the review committee. Element DataSystem'" LIMS is one of the nation's leading LIMS for testing applications in both commercial and public entity laboratories. Our core strengths are in the scientific disciplines of water/wastewater, air, soil, and hazardous materials testing. By focusing on these specialties and not pursuing a"all things to all labs' strategy,we have produced a solid record of profitable growth and customer satisfaction, Philosophically,we do not believe that a true commercial-off-the-shelf(COTS)LIMS can offer the breadth,depth and specificity to effectively manage both environmental type laboratories and life-science/pharmaceutical type facilities. Promium excels in the water/wastewater LIMS segment because of our tight focus on EPA regulatory compliance rather than FDA protocol. To complement our business segment niche,we are actively engaged in international expansion by supplying leading LIMS technologies to testing laboratories in our market segment throughout Europe and Southeast Asia.This'broad geography,market specific'strategy will provide ample runway to continue Promium's 13 year history of growing profits and revenue and satisfied users with little to no debt load. Promium is and will continue to be a Microsoft partner. Our development team is proficient in understanding and utilizing the broad selection of tools provided by the world's largest software firm to its certified partners. Version 7 of Element,currently under development, is the latest iteration of that evolution.Significant reliance upon experienced user suggestions,filtered through our chemist-developer team promotes a continuous stream of new features and system improvements.This strategy is critical to why approximately half of the most productive testing laboratories in the industry use Element DataSystem_ Premium's business model,from Sales to Support, relies heavily upon customer referrals and word-of-mouth advertising. We believe the 4,000 users from over 240 laboratories who use Element provide the best advertising available. Research and Development Activities Promium is dedicated to the continued improvement of existing products and the development of new technologies to enhance the quality and productivity of our clients. Currently,our research and development activities are focused on the next generation of the Element DataSystem that includes: • Conversion of Element DataSystem and supporting applications and components from a Visual Basic 6 code base to a Visual Basic.NET code base. • Redesign of primary database structure to support new features, provide a more normalized structure and take advantage of inherent features of major RDBM's. • Continual improvement and addition of new features to Element DataSystem including support of new client feature requests support of new operating systems, automation of core features for login, report and EDD production. Promium Response to RFP#120349 93 PROMIUM We speak the language of your lab Promium invests$470,000 annually on research and development which is 15.4% of total revenue. Strategic Direction The current and future R&D efforts over the next several years will concentrate on converting our current applications from a Visual Basic 6 code base to a Visual Basic.NET code base.This conversion will permit us to more easily install, configure and support our software on new and future operating systems.This conversion will allow us to take advantage of features available in .NET that are currently not available in Visual Basic 6. As part of this conversion significant redesign and update of the database structure will be made in order to add new features, overcome some program/feature limitations related to our current database/table design and provide a more normaliizedfrelational database structure.In addition the conversion will provide long term improvements in code structure, standardization and maintenance. Promium Response to RFP#120349 94 PROMIUM We speak the language of your lab 7.1.5 Financial Rating Reports Not applicable Promium Response to RFP#120349 95 1 l PRom IUM We speak the language of your lab ( l 7.2 List of Standard Reports and Examples of Key Reports The primary report design tool for Element is Crystal Reports.A license for this industry-standard program Is included with the purchase of Element and is installed during the Element installation. The full version of Crystal Reports is used to modify the existing formats supplied with Element and create new report templates. However, report modifications are not necessarily required when Element is Installed. Many laboratories satisfactorily run Element using the standard reports packaged with the"off-the-shelf version of Element. Crystal Reports provides a wide array of report functionality with a relatively simple-to-use design interface. • Fields on the report can be dragged/dropped and modified with simple mouse clicks and limited command usage. • Reports that incorporate charts and graphs can be designed within the Crystal Report interface using snapshots of real data from the Element LIMS system. • Client reports can be generated on a Work Order basis or they can be grouped by client and/or project for batch reporting. o During the reporting process,the user can elect to do a'modified'report.The user can over- ride the default reporting parameters for the analyses in their report.These parameters include options such as decimal places, significant figures, wet/dry reporting, and final units. Element LIMS report options include: a) Stock report formats are customizable with respect to borders,fonts, margins, colors, etc.. b) An advanced reporting tool for system administrator and developers to design reports is provided. c) Reports are all available in hard copy, on screen and available to e-mail,fax or publish on the web. d) Reports are exportable in HTML and PDF. e) The following result output formats are included: XML,ASCII, CSV(comma separated value)and space delimited value files and XML. f) Access to certain reports and to a particular content item of certain reports or access to certain data can be restricted for non-authorized users. g) Reports exclude certain data based upon the value of approval status and QC status.This is done through the Options Menu on the Reporting screen. In addition four types of reports can be run:Draft, Modified Draft, Final, Modified Final. The modified report functionality provides additional filtering capabilities to control what is output to a report. Element Provides the following pre-written reports: • Work Order/Sample Summary • Subcontract Order • Custody Log • Route Sheet • SDG Summary • Bottle Order • Standards Page • Bench Sheet • Sequence List • Analysis Info Report • Client Info Report Promium Response to RFP#120349 96 PROMIUM We speak the language of your lab • Project Info Report • Maintenance Log • Data Entry Review Report • Calibration Report • Work List Reports(by sample,analysis and department) • Historical Data Report • Bid Report • Analytical Reports (several standard formats) • Invoices • Work Order Status Report • Audit Trail Report • Control Chart Report • Numerous Label Formats Promium is knowledgeable and experienced in working with Environmental Compliance analytes, EPA and standard methods 20th Edition,as specified in 40 CFR parts 136 and 141 of the Federal Register. Element conforms to test methods for evaluating solid wastes, physical and chemical methods, SW 846,CAS registry numbers. In addition many of our clients in Arizona use ADEQ contaminant codes for reporting. This is further described in Exhibit 5: Responsiveness, Essay Responses. Promium has a relatively large market share of the environmental laboratory segment in Arizona. Our implementers and support staff have worked closely with our customers to configure their Element database and design reports for ADEQ compliance. Following is a list of Arizona references who are familiar with the use of Element to meet the reporting requirements of the State: Arizona Client Contact Name,Address and phone number Pima County Compliance and Barbara Escobar Barbara.Escobartawwm.pima.gov and Regulatory Affairs Office Regulatory Compliance Lab Director Belinda Gamboa-Felix Regulatory Compliance Data Coordinator Compliance and Regulatory Affairs Office 7101 N. Casa Grande Highway Tucson,Arizona 85743 Office: 520-443-6007 Cell: 520-730-2025 Global Water I Kiera Hunter. 22590 North Power Parkway, Marloope,AZ 85238 (520)233-9210 and/or (520)568-6367 Legend Technical Services Robert Vertefeuille: 17631 North 25th Avenue, Phoenix,AZ 85023 (602)324-6100 and/or (602)324-6101 TestAmerica-Phoenix Ann Bousquet: 4625 East Cotton Center Boulevard Suite 189, Phoenix, AZ 85040 (602)437-3340 Turner Laboratories, Inc. Terri Garcia: North Coyote Drive Suite 104,Tucson,AZ 85745 (520)882-5880 and/or(5201882-9788 U.S. Army Yuma Proving Douglas Hankins: 301 C Street,Yuma,AZ 85365-9498 Ground (928)328-6912 Promium Response to RFP#120349 97 PROMI UM We speak the language of your lab i ARIZONADEPARThENT OF ENVIRONMENTALQUALM kavidoal Sammie Analy tsRapart DleafecdwsByproduel TIM HAAS San.AQat 9patomID tystnaltime _gap (24tdorl0 Smite aft Sanryledme Sample maw goober/ Iloaliashecalleidure Vim Cal[eaimPIS(712DN9AR5) AfmsismaBeshiseetmus _Yes_Ne Cgelmmimt Cut lza§ab &Ikea Meat Nan Cate les Dale )ua0 5292 CLIoxa9oasu 7941 01414059 Clot ago. 52..2 ]Humlheem 2942 MKS <AO ag1L 5241 Dlltatendiaramelan 2944 91913139 Com owl.. 5292 Etcoodirldenoreibtoe 2943 SWOP 5101 430- 5242 Mitts 2953 COP lott 5242 MinexiilroximedrArei 1450 41309/4414 5.0! agL 5342 IY&llmaaoeic Add 1433 GSM 393 ami. j 52.1 7Sirdsma Add 1451 p WN <109 u 1. 5742 tia^ '^a'•s•Ac i 1453 08931 <l!t alit 521.2 Ilitammetotic tit 2454 WPM <110 etgL 5242 NABS 2156 <i.1e not ass»UEORAMDItYIM34AMID04•sc<+ar YabmUituttyttmay1?S Spedwaltahert19d1014S10) ID2Tue9¢ Ccmatnu: AaaLuaat Sipes DmIldAk R9rEitSrunfiat S: Arlan Dapemma dtvainoommlmQuoity tItQaaky Dna Dm7 5415&1 1110%L4nqktioioe Eftert,Itaratt AiSme.Mr Pea Quake Calk 664'q711-964144 tank 9x(1)234-5427att 771-4124 IWA6lfA:214 page It Promium Response to RFP#120349 98 PROMIUM rr We speak the language of your lab ISAMI1101MNAaMfSk MIAMLAYarowiciaMOIWMMOOMTMI mP I Nam arta:Ma Ilan — OOI MaU OtWOC.10•111 a.bb..mM 121450 7043 2 PEI W I MMAffA I3116MW6E IAMBI FS IMYMIEV WTP MAl10MNNO PSIF00 O,N11,WA12745 MOM I II/MAl I TO I MJM(lO ... .PPaOMIa,t ... 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Nene Minted) Sgsahse OdciatTiee(PSeg Idem 1 -3467Th@-I3 Reeneher i Promium Response to RFP#120349 100 • PRom I UM We speak the language of your lab ( ORGANIC ANALYSIS DATA SHEET DRAFT:e0f1aontl EPA 8270C labontcry. hernias SOU: Dim Ctimt: MBA Etmineeriag Project /MU Maks: Warr LaboratarylD: p104011-01 File 111 Sampled: 04112]11 00:0Q Prepared: 04/12/11 13:59 Analyzed: 04/12/11 1411 Solids: Preparation: EPA 3520 lnihabFael: 1000mL/1ml. Batch: 3041202 Sequence: Calibration: kali-tuna 1041 CM NO. COMPOUND DILUTION CONC.OWL) Q S8-06-2 2.4.0-Triohlmaphenol 1 1.00 U 591-35-5 3,5-D ebteropleroi 1 1.00 U 95-77-2 3A-12iehtmoplenol 1 1.00 U 935-95-5 2,3,54-Th1racbbropkend 1 1.00 U 1011-91-1 2,3,4,5/2,3,4,6-Tetracbtoropbead _ I 2.00 U 301193-3 3,4.5-Triahtaropbmol 1 100 U 2011-92-2 Pentaehlmaaniwle 1 1.00 U 1746-5 Pentacld«ophend 1 100 U SYSTEM MONITORING COMPOUND ADDED 0]&11.) CONC(uyL) %RLC QC UMTS Q 2-Fharatbwd - 0.00 30-150 PBenald6 050 10-150 Niknbanamo-d3 0.00 30-150 • 2-Flnmabir6®sd 000 30-150 • l L4.6Yrihamoptaad 0.00 30-150 Tervhmv14114 000 30-150 e INTERNAL STANDARD AREA RT REF AREA REF RT 0 1,4.13ichlorobemmne Nanbtbalene-0S A enapblhne4l0 Phenanthrene-d10 Chnntaed12 1 I a Values on bide of QC limits Promium Response to RFP#120349 101 PROM I UM We speak the language of your lab 1, Element DataSystem Default Reports Template Filename Report Description adt_defauh.mt Default Audit Trail Report adt_sampleanalysis.rpt Sample Analysis Audit Trail Report adt sampiequallfler.rpt Sample Qualifier Audit Trail Report ain_defauf.rpt Analysis Info Report(Project) axi_default.rpt Analysis Details(Print)Report axi_Validatlon.rpt Analysis Validation Report(Print) bch_byanalysis.rpt Bench Sheet by Analysis Report bch code128.rpt Bench Sheet with Code 128 Bar Codes Report bch_code39.rpt Bench Sheet with Code 39 Bar Codes Report bch_default.rpt Default Bench Sheet(Landscape)Report BCH_XMPL.vba Bench Sheet macro code bid default.rpt Default Bid Report bid_defauli tax.rpt Default Bid Report Including Tax btl_defauit.rpt Default Bottle Order Report cal defautt.rpt Default Calibration Report cct_default.rpt Default Control Chart Report cct dop_report.exe Demonstration of Proficiency Executable cot dop_report.rpt Demonstration of Proficiency Report dn_default.rpt Client Information Report con_default.rpt Default Consumables Report cub_default.rpt Default Cleanup Batch Report det ammonia.vba Ammonia Data Entry Example Spreadsheet Macro det_TSS.vba TSS Data Entry Example Spreadsheet Macro det_X@TSS.vba TSS Data Entry Example Spreadsheet Macro dsp_defautt.rpt Default Disposal Report hst_default.rpt Default Historical Data Report ico_default.rpt Default Internal Chain of Custody Report invdefauit.rpt Default Invoice Report inv_TestEXE.exe Invoice Test Program Ibl_defaultrpt Default Bottle Order Labels Report Ibx_defaultrpt Default Extract Labels Report Ion_zebra.cmd File to support Zebra printer for printing bar code labels for j Consumables.(1 of 3) Promium Response to RFP#120349 102 PROMIUM We speak the language of your lab Icn_zebra.exe File to support Zebra printer for printing bar code labels for Consumables.(2 of 3) len zebra.tmp File to support Zebra printer for printing bar code labels for Consumables. (3 of 3) lex default.rpt Default Dot-matrix Extract Labels Report lex_m@analysis.rpt Single Page Multiple Extract Labels Including Analysis Report lex_m@defaultrpt Single Page Multiple Extract Labels Report Isq_defaurl.rpt Sequence Sample Labels Report 1st defauit.rpt Default Standard Labels Report Ist_m@default.rpt Single Page Multiple Standard Labels Report Isx_analysis.rpt Sampe Labels Including Analysis Report Isx analysisvaiid.rpt Sampe Labels Including Analysis on Valid Containers Report lax_code128.rpt Dot-matrix Sample Labels with Code 128 Bar Codes Report Isx_code39.rpt Dot-matrix Sample Labels with Code 39 Bar Codes Report Isx_default.rpt Dot-matrix Default Sample Labels Report Isx_m@5160.rpt Avery 5160 Single Page Multiple Sample Labels Report Isx m@8253.rpt Avery 8253 Single Page Multiple Sample Labels Report lax m@Av5162.rpt Avery 5162 Single Page Multiple Sample Labels Report j Isx m@datamatrix.rpt Single Page Large and Small Sample Labels Report Isx m@default rpt Single Page Multiple Sample Labels Report Isx m@quick.rpt Sample Labels Including Sample Number and Designator Only Report Isx zebra.exe Zebra Executable File for Sample Labels mnt_default.rpt Default Maintenance Report mnt_downtime.rpt Maintenance Downtime Report mnt_overdue.rpt Maintenance Overdue Report PASDWAXLS_Reports.zip Crystal Report formats for PASDWAXLS add In edd library. prj_default.rpt Default Project Information Report rev_defaultrpt Default Data Review Report rte_default.rpt Default Route Sheet Report sco_default.rpt Default Sub-contract Work Order Report sco_excel.exe Sub-contract Work Order Export Program sdg_defaultrpt Default Sample Delivery Group Report seq_defauit.rpt Default Sequence Report SEQ_Exportexe Sequence Export Program std_default.rpt Default Standard Log Book Page Report tcd_default.rpt Default Thermocouple Report { tcd_overrange.rpt Thermocouple Overrange Report Promium Response to RFP#120349 103 PROM IUM We speak the language of your lab usr default.rpt Default User Report usr_ovordue.rpt User Overdue Report wcl_default.rpt Default Waste Container Report wd_summaryspt Waste Container Summary Report wkl_default.rpt Default Work List(landscape)Report wkl_dept.rpt Work List by Dept Report wko_CH2MHILL_EDD_V4.exe Program to create CH2MHILL V4 Electronic Login Deliverable (csv file). Uses XCH2MHILL.mdb cross table. Run from Print, Work Order. wko default.rpt Default Work Order Report wko_TestEXE.exe Work Order Test Program wko withcntnr.rpt Work Order with Container Report wko_withdept.rpt Work Order with Department Sub-sections Report wko withpres.rpt Work Order with Preservation Confirmation Form Report wko_withrush.rpt Work Order with Rush Notices Report wkwdefault.rpt Project Status List(landscape)Report l Promium Response to RFP#120349 104 PROMI UM We speak the language of your lab 7.3 List of Exceptions None Promium Response to RFP#120349 105 v H Y 0 v. E Cl! COC O -4:,- ._ N N O C O = 'O 1Yo 'O I- c0 v i wc co �IP ^ ut a) •U CO "O t0 ~ co> ate•+ , -o L G E x E :.° a v v, ° tv E Li E 0 W s > 0 OD v Y o C Q) EYP.) 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V La- O _0 O L OH v+ R Eq .a .. -a \ \ ita o\0- 03\ al lc\ \ \\ \ /\ \ 'f \ `% \® k\ £ M-oTa 0 e\ 004* ® ƒ f ?\ % t U \ � ._ # ^cf) 0 . } % ® ' 0 © 3 % \ \ ar { \ t \ 4 § In \ & � k ƒ ƒ � � / / It tm { $ + \ \ $ $ \ } \\ \ i 0 \ z � f \ 0 \ "6 c \ $ % 6 \ 4 E \ �Cu \ ` \ \ sto % # ' « \ v, co .0 � .40 a)c � \ \ » \ k \ in _ \ • ƒ S ® f \ \ & 0. \ \ / / ) \ \ $ CO / ƒ _ � e � co c / \ \ \ fl « \ \ _ z 2, • / Q ¥ \ f �« ea \ \\ \ ƒ \ \ # S { , 04 \ \ » * $ % s ! 0 _ '.- \ co •_ 7 _ ƒ o - u tr)$ \ ° tc \ � � k ` \ \ { \ i ` o { � � � � � � Ili 3 Si. ta COST PROPOSAL EXHIBIT C Element LIMS® Laboratory Information Management Prepared for: City of Glendale Douglas E. Kupel, Ph.D. Prepared by: Rick Persichitte August 13, 2015 Promium, LLC 3350 Monte Villa Parkway, #220 Bothell, WA 98021-8963 1.877.PROMI UM www.promium.com PROMI UM P ROM I U M www.promium.com 1.877.PROMIUM General Overview This document describes the software and services available to implement and operate Element LIMS"laboratory information management system (LIMS)from PROMIUM®. Element LIMS is available as a desktop and enterprise software system and also as a subscription-based hosted application service(with data storage). For software customers,a perpetual license to use is purchased or leased. For subscription-based hosted service customers,a renewable on-demand license is granted for use in exchange for periodic payments. 1. Software Components Element LIMS includes functionality to manage the receipt, processing,and disposition of samples in an analytical testing laboratory. The major components of the system enable laboratory personnel to perform project management,sample control, laboratory analysis,quality assurance and reporting. For license purchase or lease, software deliverables include base software, and 3 utilities(MessageManager, DataTool, PackageManager). Available separately for installation but included in the purchase of an Element LIMS license,is the Element ClientConnect web access application (reporting capability only;ClientConnect sample submission capability which is treated as an EnviroChain transaction is billed separately). Element runs on a Microsoft Windows®operating system. The database for Element LIMS may be contained in a Microsoft SQL Server, Microsoft Jet/Ace, or Oracle Server. Database licensing is not included with Element LIMS unless specifically described in the proposal. For the hosted application offering, purchase of third-party database and server software is generally not required. 2. Implementation and Training Services Purchase, lease or subscription of Element LIMS generally includes initial implementation and configuration of software and basic training of laboratory personnel and administrators,with charges as noted in this proposal. Subsequent configuration,customization and training may incur additional charges. Implementation generally consists of five phases and a variable number of site visits,conference calls,web-based interaction,and off-site development. The Planning phase includes analyzing the current workflow of the laboratory and requirements for the new system,and scheduling project deliverables and milestones.The Design Phase includes mapping the system architecture,detailing how the software will be installed and operate,and establishment of a testing and training plan.The Execution Phase includes installation of Element LIMS software, initial database configuration and population, report and EDD development,user and administrator training,and testing and validation. In the Go-Live phase,use of the legacy system will cease,data migration(if required)will be completed,and the system will be considered ready for production. The Project Acceptance phase will close out all remaining project activities and the administration of the system will be transferred to your team.Support for the account is transferred to the Promium Customer Support department. Promium, LLC Element LIMS°Proposal Rev:AL010714 2 P ROM I U M www•promium.com 1.877.PROMI UM 3. Ongoing Maintenance and Support For purchase of a license, maintenance and support for the first twelve months are included in the initial purchase agreement at no additional charge. Subsequent maintenance and support are charged separately and renewed annually unless otherwise specified. For lease or subscription customers,maintenance is included as part of the lease or subscription for the term of the respective contract. A valid maintenance agreement includes download availability of major and minor product releases, including executable files, libraries,controls, report formats,and supporting files. Also included in the maintenance contract is telephone-based and web-based technical support. Telephone-based technical support is scheduled to be available Monday through Friday from 5:00am to 5:00pm Pacific Time, not including holidays recognized by Promium. Exceptions or changes to this time frame will be noted on the Promium support website at www.promium.com/support. 4. License Structure Promium, L.L.C.grants licenses for Element based on the number of concurrent users. For license purchase or lease, unless otherwise specified in writing by Promium,you may use an unlimited number of copies of the Software on an unlimited number of computers;provided however,that they may be used by a single business or government entity only. For subscription, unless otherwise specified in writing by Promium,you may access and use the hosted version of the Software on an unlimited number of computers;provided however,that they may be used by a single business or government entity only. The number of concurrent users of the Software shall be limited as described in your Promium Quotation form. Laboratory facilities connected by network and sharing a single Element LIMS Production Database may share a single license,as long as all such facilities are both owned and operated by a single business or government entity. The Software may not be loaned or shared with any other business or government entity,including any affiliated companies;any such entity would need to purchase its own license to use the Software. 5. Hardware and Software Minimum Requirements Minimum hardware and software requirements are published on the Promium website at www.promium.com/documents/ElementMinimumRequirements.pdf. Promium, LLC Element LIMS°Proposal Rev:AL010714 3 P RoM I U M www.promium.com 1.877.PROMI UM PROMI UM QUOTATION Proposal for: Effective: 17-Aug-15 City of Glendale Prepared by: Currency Douglas E. Kugel, Ph.D. Rick Persichitte USD 'element LIMB' SOFTWARE License:Purchase Qty Price Total BASE SOFTWARE Configuration:Advanced Application Components Concurrent Users 8 $ 6,694 $ 53,554 -Project Management Included -Sample Control Included -Laboratoryinalysis(including DataTool) Included -QualityAssurance Included -Reporting(Basic reports) Included -ClientConnect Reporting Application' Included Software Subtotal $ 53,554 HOSTING-ClientConnect Reporting' Setup-ClientConnect Instances Network Assessment Hours Application Hosting 3rd PARTY HARDWARE AND SOFTWARE SAP Crystal Reports 1 $ 699 $ 699 IMPLEMENTATION SERVICES Qty Price r . Total IMPLEMENTATION&TRAINING Advanced Dependent on requirements but generally 4-6 on-site visits for setup and $ 49,999 REPORTS AND EDDs EDDs and Reports 11 $ 7,000 Standard(Specialized)Report Packages 1 $ 9,800 »See attached list of ReportEDDs Estimate only;Specifications maybe required for custom work ADDITIONAL SERVICES Data Mgration $ 14,500 TAXES Arizona estimated tax(billed at current tax rate at time of service) $ 4,991 (9.2%of Software Subtotal and SAP Crystal Reports) TO7AtSOFTNAREANDSEF1VICES _ ,.. i 4,44091 MAINTENANCE Users Price Per Total 1stYear Annual Maintenance 8 Included Included 2nd Year Annual Maintenance-For Reference Only 8 $ 873 $ 6,985 3rd Year Annual Maintenance-For Reference Only 8 $ 899 $ 7,195 4th Year Annual Maintenance-For Reference Only 8 $ 926 $ 7,411 5th Year Annual Maintenance-For Reference Only 8 $ 954 $ 7,633 Total Maintenance-For Budgeting Purposes Subject to sales tax $ 29,224 ELEMENT LIMS TOTAL SOFTWARE,SERVICES,MAINTENANCE $169,767 Promium, LLC Element LIMS°Proposal Rev:AL010714 4 P ROM I U M www.promium.com 1.877.PROMI UM PROM'UM QUOTATION - Element LIMS' EDD Et REPORT LIST Proposal for: Effective: 24-Jul-15 City of Glendale Prepared by: Douglas E. Kupel, Ph.D. Rick Persichitte EDD and REPORT LIST :'Price AZDEQGW-Arizona Department of Environmental Quality Groundwater Data Submittal Guidance Document Version 3.3 EDD $ 600 •DWAR-1 Drinking Water Microbiological Analysis Report/Total Coliform Rule $ 600 •DWAR-1 G: Drinking Water Microbiological Analysis Report/Ground Water Rule $ 600 •DWAR-2A Water Quality Parameters Report(WQP) $ 600 •DWAR-21N:Drinking Water Inorganic Chemical Analysis Report $ 600 •DWAR-4:Drinking Water Volatile Organic Chemical Analysis Report $ 600 •DWAR-8:Drinking Water Lead and Copper Analysis Report $ 600 •DWAR-9:Drinking Water New Source Approval Form(Revised 2004) $ 1.000 •DWAR 20:Long Term 2 Enhanced Surface Water Treatment Rule(LT2ESWTR)Monthly Reporting Form for Crypt $ 600 •DWAR 32:Stage 2 Disinfection By-products(TTHM&HAA5),Individual Sample Report $ 600 •DWAR 33:Stage 2 Disinfection By-products(TTHM&HAAS),Quarterly Report $ 600 TOTAL EDDS AND REPORTS $ 7,000 SPECIALIZED REPORT PACKAGES(SEE DETAILS ON.PRICE UST) Price Contract Laboratory Program Discharge Monitoring $ 9,800 Department of Defense QSM CLP-Level 4 Advanced(Custom) TOTAL SPECIALIZED REPORT PACKAGES $ 9,800 Quotation Terms&Conditions This pricing in this proposal remain effective for 90 days from date quoted. Some implementation and system configuration maybe performed off-site. *Includes reporting functionality only. Sample submission capability billed separately "Estimates of any customization are subject to further analysis of requirements and may change. Note:A 3%processing fee maybe applied to credit card transactions. IMPORTANT NOTICE:Even if we do not collect sales tax froth you,you may owe sales tax on your purchase.Unless you live in Alaska, Delaware,Montana,New Hampshire,or Oregon,your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax maybe reported and paid on your individual income tax return or by filing a consumer use tax return.For more information,please visit your state's department of revenue website.PROMIUM LLC COLLECTS SALES TAX in states Mere we have physical presence(or nexus),including Washington.Promium LLC also collects sales tax in Arizona,California, Florida,Hawaii,Illinois,Maryland,Michigan, Minnesota, Missouri,New Jersey,New York,Pennsylvania,Rhode Island. Tennessee, Texas,and Wisconsin.FOR OUR TAX-EXEMPT CUSTOMERS:PROMIUM LLC DOES NOT COLLECT SALES TAX if we have your exemption certificate on file. OPTIONAL PRODUCTS:AND SERVICES .. EnviroChain EA-Online Chain of Custody Service Qty. Price Total Advantage Plan CoCs 1,500 $ 1.29 $ 1,935 (Billed separately from Element LIMS via credit card) Confidential-For internal use only by: (Sty of Glendale Rev AM L052115 Proniurry LLC 1.877.PROMIUM Promium, LLC Element LI MS°Proposal Rev:AL010714 5