13-0601_PORTFORD SOLUTIONS_Notice of Terminiation sha
PattersonRUTAN Direct Dial:(714)
662-A663
RUTAN & TUCKER; LLP E-mail:apaterson zrL1tan.00m
August 25,2014
VIA MESSENGER
Portfond Solutions
9641 Irvine Center Drive
Irvine, CA 92618
Ann: Bruce Bolton
Ike: Personal Services Agreement between City of San Juan Capistrano and Portford
Solutions for DocuNECT Solution --Notice of Material Breach of Agreement and
Notice of Termination
Dear Mr. Bolton:
This office serves in the capacity of City Attorney for the City of San Juan Capistrano
("City"). On behalf of the City, notice is hereby given to Portford Solutions ("Consultant") that
ek'cctive as of August 25, 2014, the City has elected to terminate the Personal Services
Agreement, dated as of June 1, 2013, by and between the City and Consultant (the
"Agreement").
Under the "Scope of Work" incorporated into the Agreement as Exhibit "A," Consultant
was obligated to fully migrate the City's electronic document management system to
"DocuNECT v,4.6" (the "System") by January 16, 2014 with the Public Portal implemented by
July 1, 2014. This process has been delayed multiple times, and the product Consultant
ultimately delivered is not the product that was promised to the City in that:
1. The"basic" search function produces different results depending on which part of the
System the search is used to perform the search (the results of a search should be the
swine no matter where it is performed);
2. The"global search function" on the System's dashboar(l does not work;
3. The System repeatedly "times out" during searches, requiring the user to log back in
or start the search over;
4. The System does not allow users to preview documents after they are scanned
(because it is not compatible with Adobe X Pro v.10);
5. Many of the documents that were migrated to the System are missing pages; and
611 Anton Blvd, Suits 1400, Costa Mesa, CA 92626
PO Box 1950, Costa Mesa, CA 92628-1950 1 714,641.5100 1 Fax 714.546.9035 2499;028428-0002
Orungo County I Palo Alto I www,rutan.com 73732M.1 005114
RUTAN
Portfond Solutions
August 25, 2014
Page 2
6. Many of the documents that were part of the former document management system
were never migrated to the new System (they appear in the new System's index, but
the documents themselves are missing).
City staff has sent numerous emails notifying Consultant of each of these problems, but
Consultant has failed to deliver a System that addresses any of them.
Consultant's failure to deliver the System it promised is a material breach of the
Agreement. Accordingly, pursuant to the terms set forth in Section 14 of the Agreement, the
City has elected to terminate the Agreementfor cause, effective immediately after the expiration
of the ten (10) day cure period (i.e., on September 4, 2014). Please be aware that even if
Consultant were able and willing to cure this breach within the cure period., the City has also
elected to exercise its right to terminate the Agreement without cause, effective thirty (30) days
after the date of this notice. The Agreement will therefore terminate at the latest on
September 24, 2014,
Sincerely,
RUTAN & TUCKER, LLP
Alisha Nitterson
Deputy City Attorney
AP
cc: N4 aria Morris,City Clerk
24991028428-0002
7373294.!a08125/I4