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Home My WebLink About20130411.tiffRESOLUTION RE: APPROVE SOFTWARE LICENSE AND SUPPORT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COLORADO DISTRICT ATTORNEY'S COUNCIL WHEREAS, the Board of County Commissioners of Weed County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Software License and Support Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney of the 19th Judicial District for the State of Colorado, and the Colorado District Attorney's Council, with terms and conditions being as stated in said Software License and Support Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Software License and Support Agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Software License and Support Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the District Attorney of the 19th Judicial District for the State of Colorado, and the Colorado District Attorney's Council be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Software License and Support Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of February, A.D., 2013. BOARD OF9e NTY COMMISSIONERS WELD CO T7,LORADO Weld County Clerk to the Board BY: APP eputy C a k to the County Attorney Date of signature I fit 9 ill, iltiam F. Garcia, Chair czc Dougla macheY,Pro-Tem Sean P. Conway Mike Freeman arbara Kirkmeyer cu. (VI FEB 2 0 2013 2013-0411 DA0024 Software License and Support Agreement Weld County Board of County Commissioners and Colorado District Attorney's Council This Software License and Support Agreement ("Agreement") is entered into this day of February, 2013 ("Contract Date"). by and between by and between the County of Weld, a body politic and corporate of the State of Colorado, by and through the Board of County Commissioners of the County of Weld whose address or principal place of business is 1150 "O" Street, Greeley, Colorado 80631, and on behalf of the District Attorney of the Nineteenth Judicial District for the State of Colorado, (hereinafter "BOCC"), and the Colorado District Attorney's Council, an entity formed pursuant to 20-1-110 and 111 CRS on behalf of the District Attorneys of the State of Colorado. whose address is 1580 Logan Street, Denver, Colorado 80203, ("Council"). Council agrees to furnish BOCC and BOCC agrees to accept, in accordance with the terms and conditions of this Agreement, the use of the Software identified below. Introduction. The terms of this contract are specified and defined in the terms of this document and in Exhibits A, B. C. and D which exhibits are an integral part of this Agreement and which are specifically made a part of this contract by reference. Exhibit A sets forth BOCC's Request for Bid, which includes BOCC's description of its expectations of the performance of the Software being purchased, the application of the Software, the Software and the hardware environment in which the Software is expected to operate, and the number of users of the Software. Exhibit B sets forth the Council's response to BOCC's Request for Bid which document includes Council's response to BOCC's description of its needs expectations of the performance of the Software being purchased. the application of the Software, the Software and hardware environment in which the Software is expected to operate, and the number of users of the Software. Exhibit C sets forth Council's Statement of Work, and includes milestones set by BOCC which reflect BOCC's obligation to pay Council a specified amount of the contract price. To the extent that the provisions of Exhibit B and Exhibit C are inconsistent, the terms of Exhibit C shall control. Exhibit D sets forth the terms of Council's Maintenance Agreement, and the price of the services offered. Recitals WHEREAS, BOCC desires to enter into an agreement with Council wherein Council shall consult with BOCC and shall develop and implement multiple enhancements to the ACTION Case Management Software system currently utilized by BOCC, (which enhancements are hereinafter referred to as the "Software"). which will result in a more efficient and robust system, and 2013-0411 Page I WHEREAS, BOCC has agreed to pay Council for the development of the Software, as more completely described in Exhibits B and C, (copies of which are attached hereto and made a part hereof by this reference), and WHEREAS, upon the completion of the development and installation of the Software for BOCC, Council agrees to make that Software available to the other District Attorney members of the Council, at no additional cost other than the annual dues paid by the members of the Council. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth hereinafter, BOCC and Council agree as follows: Definitions. 1.1 COMPUTER means a machine or system, which uses logical devices ("central processing units') to process information, such as a multiprocessor computer system or a workstation. 1.2 DESIGNATED COMPUTER(S) means specific Computer(s), including Weld County IT Computers, replacements. modifications, upgrades and additions thereto, upon which the application Software is compiled or installed and executed. In this Agreement, All computers maintained in the Weld County District Attorney's office are Designated Computers unless otherwise noted. 1.3 SOFTWARE DOCUMENTATION means the standard user documentation published or provided on-line by Council, describing the use of the Software, including any tutorial presentation of the capabilities of the Run -Time Versions and may include technical documentation which describes the design of the Software. Software Documentation may be released in an electronic media format. Notwithstanding the foregoing, Software Documentation does not include any third party software documentation. 1.4 PRODUCT UPDATE means a change or new release of the Software or Software Documentation designed to correct Software Problem(s). 1.5 PRODUCT UPGRADE means a change or new release of the Software or Software Documentation designed to enhance the features of the licensed Software version or otherwise improve the functionality of the licensed Software version. 1.6 RUN-TIME VERSION means a program that is used to execute the Software and other utilities that are a part of the Software, but which does not allow a User to change the Software or to create new and different Software features. 1.7 SOFTWARE means all of the computer Software programs which are being developed and which are listed in Exhibit B, and are considered a part of the Council's "deliverables" and shall include all updates, enhancements, modifications, or upgrades provided under the terms of this Agreement or a related support agreement. Notwithstanding the foregoing, Software does not include any third party software, unless set forth in Exhibit B. Page l2 1.8 SOFTWARE PROBLEM(S) means defective Software distribution media and/or a failure of the Software to function substantially in accordance with the Software Documentation. 1.9 SOURCE CODE means a compilable copy of the Software which allows the Software installer to compile the Software into a Run -Time Version using the appropriate Development System: some portions of the Source Code may already be compiled by Council and provided in an executable, Run -Time or object code version. 1.10 USER means the unique combination of one log -in on one software display device. (Does not apply if a license is required for each CPU) 1.11 PUBLIC ACCESS MODULE means a unique subset of Software provided for the purpose of providing third parties read-only access to data maintained by the District Attorney or other Council members. 1.12 EXECUTION DATE means the date, after installation of the Software, upon which BOCC (in writing), accepts the Software. 1.13 MATERIAL BREACH means the failure to achieve a milestone as set forth in Exhibit C. 1.14 SEVERE SYSTEM MALFUNCTION means the failure of the Software to perform as represented by Council in Exhibit B. 1.15 ACCEPTANCE means BOCC's willing receipt of the products, services and Software offered by Council, and BOCCs agreement to pay for said products, services and Software. BOCC shall always evidence Acceptance by a written statement, and not by payment alone. LICENSES AND PAYMENT 2.1 Grant of License. Council grants to BOCC the non-exclusive and non -transferable right to have the Users execute the Software on the Designated Computers. and to use the associated Software Documentation only for the Weld County District Attorney's internal business purposes and only with the Weld County District Attorney's data. subject to the terms and conditions of this Agreement and in consideration of payment of the agreed upon license fees. 2.2 Rights of BOCC. The Weld County District Attorney's office may access the Software lawfully licensed to BOCC on any configuration of computers or display devices connected to the Designated Computer(s). BOCC may transfer the Software to any electronic storage device connected to the Designated Computer(s). provided BOCC keeps the original solely for backup or archival purposes. 2.3 Acceptance of Software and Payment. For each Software product licensed under this Agreement, BOCC shall have a thirty (30) day "Acceptance Period' beginning on the Execution Date, or if the Software is provided with Software modifications, beginning on the third day following the installation of the Software and/or Software modifications. During the Acceptance Period, BOCC may cancel the license by giving written notice to Council and returning the Software in accordance with Section 4.2. If BOCC elects to accept the license, the license will be Page,3 accepted by BOCC at the end of the Acceptance Period, upon BOCC's execution of a written acceptance. Should BOCC elect to cancel this Agreement under the terms of this Section 2.3, BOCC shall pay Council for all Implementation services provided through the accomplishment of the most recent milestone payment date, so that Council will be paid for its accomplishment of the steps taken to reach that milestone. The Project Plan, which is attached hereto and made a part hereof as Exhibit C, sets forth all such steps, milestones and payment obligations. 2.4 Additional Payment Considerations. The parties to this Agreement acknowledge that BOCC's agreement to pay for the development of the Software provides a benefit to prosecutors throughout the State of Colorado. Therefore, Council agrees to reduce BOCC's Council membership dues by the amount of Five Thousand Dollars, ($5,000.00), for calendar years 2013 through 2017; however Council specifically agrees to continue to provide all Council services, including all Software maintenance as described further in this Agreement, to BOCC on behalf of the Weld County District Attorney for those years. 2.5 Backup Copy. BOCC may make backup copies of the Software and of any portions thereof, as well as any portions thereof which are modified or merged with other programs in accordance with this Agreement. All such backup copies shall also be subject to the terms and conditions of this Agreement. BOCC agrees to maintain an accurate record of the location of the backup copies at all times. 3. PROPRIETARY RIGHTS AND CONFIDENTIALITY 3.1 Ownership. All title and rights of ownership in the Software and Software Documentation remain with Council and are protected by copyright, patent, and/or trade secret laws. BOCC agrees to take all reasonable steps to protect Council's and its suppliers' proprietary rights in the Software and Software Documentation including, but not limited to, the proper display of copyright, trademark, trade secret, and other proprietary notices on any copies of the Software. BOCC must reproduce and include any copyright, trade secret, trademark, or proprietary data notices, and other legends and logos on the backup copies. BOCC agrees to assist Council in the defense of Council's and its suppliers' ownership of the Software and Software Documentation against all claims, liens and legal processes of creditors of BOCC, and further agrees. to the extent it is able in the normal course of business, to keep the Software and Software Documentation free and clear of all such claims, liens, and processes. However, the parties agree that BOCC shall have all rights of ownership of the Software, once it has paid the contracted price for said Software. except the right to re -sell said Software. 3.2 Confidentiality. As BOCC is a public entity. Council is aware that this Agreement and all of its terms and conditions constitute a public record and that BOCC must disclose this Agreement and its terms and conditions to members of the public who wish to see it. In addition, BOCC may disclose the Software to consultants and other third parties retained to work with the Software. 3.3 Software to Be Shared. As BOCC has agreed to pay Council to develop the Software, and as the data which will be stored and manipulated on this Software is expected to be valuable to prosecutors offices throughout the State of Colorado, the parties agree that upon the completion of the development and installation of the Software for BOCC, Council shall make Page 4 that Software available to all such members of the Council, at no additional cost other than the annual dues paid by the members of the Council. 4. TERM AND TERMINATION 4.1 Term. The licenses granted under this Agreement shall commence upon BOCC's Acceptance of the Software and shall continue unless BOCC elects not to utilize the Software. However, both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit BOCC from entering into Agreements which bind BOCC for periods longer than one year. Therefore. if the Software described in Exhibit B has not been fully developed within the current one year, BOCC may notify Council within the thirty (30) days preceding the anniversary date of this Agreement, of its intention not to extend this Agreement. 4.2 Late Penalty and Termination. BOCC may terminate this Agreement by notifying Council in writing of its intention to terminate. The parties agree that if Council fails to complete a milestone by the dates set forth in Exhibit C, payment for that milestone shall be reduced by ten percent (10%) of the stated price. If the milestone has not been met within ninety (90) days of the date set forth in Exhibit C. BOCC may, in its sole discretion, terminate the entire Agreement, or agree to allow Council to move to the next milestone and to either relieve Council of its obligation to meet said missed milestone, or to agree Council to attempt to meet the missed milestone upon completion of all remaining milestones for one-half of the original agreed upon price. If BOCC terminates this Agreement as a result of Council's failure to attain a milestone as set forth in Exhibit B within sixty (60) days after notice from BOCC that Council has failed to meet the milestone as anticipated. BOCC shall be relieved from all further obligations under this Agreement. Council may terminate this Agreement if BOCC breaches any agreement or obligation in this Agreement and fails to remedy such breach or demonstrate a good faith effort to remedy such breach within thirty (30) days after receiving written notice of such material breach from Council. HOWEVER, as Council has no rights in BOCC's continued subscription to Council's services under the Support. Update and Upgrade provisions as set out in Section 9.3 and Exhibit D of this Agreement, future action by BOCC to refuse to accept such services shall not give rise to any right of Council under this Agreement. Upon termination, both parties shall be relieved from any further obligations to one another under this Agreement. except as noted in the preceding paragraph. 5. LIMITED WARRANTY. 5.1 Limited Warranty. Council warrants that after the delivery of the Software and Software modifications, if any. to BOCC, the latest unmodified version of the Software released by Council shall substantially perform in accordance with the Software Documentation. Said Software is warranted to meet the specifications set forth as BOCCs requirements. in Exhibit A, and to operate as indicated in Council's proposal, in Exhibit B. 5.2 Remedies. Council's entire liability and BOCC's exclusive remedy shall be for Council, at BOCC's option, to either: (a) replace any defective media which prevents the Software from satisfying the limited warranty described above provided such defective media is returned to Council; or (b) attempt to correct any errors which BOCC finds in the Software during this warranty period and which prevent the Software from substantially performing as described in Page 5 the Software Documentation. Any replacement Software will be warranted for the remainder of the original warranty period or for thirty (30) days, whichever is longer. 5.3 Right to License. Council warrants that it is the owner of the Software and/or has the right to license Software to BOCC. 5.4 Limitations of Warranty. The above warranty is null and void if failure of the Software has resulted from accident, abuse, or misapplication; including unanticipated alteration or modification of the Software BY BOCC. The above warranty applies only to Software Problems, which are apparent in the unmodified, standard Software, which is not merged with other software. Council shall not be required to correct errors during the above described warranty period attributable to: equipment malfunction; products other than the Software; use of the Software in conflict with or contravention of the Software Documentation or the terms of this Agreement; or accident, neglect, misuse, or abuse of the Software. 6. INDEMNIFICATION 6.1 Council's Indemnification. To the extent allowed by law, Council shall indemnify, defend and hold harmless BOCC against any action to the extent such action is based on a claim that BOCC's use of the Software or Software Documentation or any part thereof, under this Agreement, infringes a valid, enforceable United States patent or copyright, or misappropriated a trade secret, and Council shall pay all damages and costs, (including reasonable attorneys' fees), awarded or agreed to in a settlement by Council in respect of such action; provided that Council is given notice of such claim within thirty (30) calendar days of the dated BOCC knows of such a claim. Council shall control the defense in any such action and, at its discretion, may enter into a stipulation of discontinuance and settlement thereof. BOCC shall cooperate with Council in any such defense and shall make available to Council all those persons. documents and things required by Council in the defense of any such action. Reasonable out-of-pocket expenses incurred by BOCC will be reimbursed by Council. BOCC, may, at its expense, assist in such defense. 6.2 Remedies. If. in an action described in Section 6.1 above, the Software is held to constitute an infringement or misappropriation, or the use, demonstration, distribution. marketing. or sublicensing thereof is enjoined or restricted. Council shall, at its option, either procure for BOCC the right to continue using the Software, or modify the Software to permit BOCC to exercise its rights hereunder, or if the foregoing options are not available, terminate the Agreement and promptly refund to BOCC all funds paid by BOCC to Council for the infringing Software amortized over a five (5) year period from the date of initial delivery, (i.e., a refund pro -rated on a monthly bases over a sixty (60) month term). 6.3 Limitations of Indemnification. The foregoing indemnity shall not apply in respect of any infringement misappropriation if such infringement or misappropriation resulting from BOCC's or any of its Users' use of the Software: (a) in an operating environment other than that described in the Software Documentation or under this Agreement; (b) in conjunction with an enhancement not created or owned by Council; or (c) in conjunction with other software not created or owned by Council. The foregoing states the entire obligation of Council with respect to the infringement of patents and copyrights. and misappropriation of trade secrets. Page 6 7. SUPPORT 7.1 Remote Access, Email and Telephone Support. BOCC agrees to allow Council to establish a direct computer -to -computer remote access link between Council and BOCC so that Council may provide support to BOCC via the internet. Specifically, Council shall provide assistance in identifying, confirming and providing a `'workaround" for suspected Software Problem(s) in the standard, unmodified code of the Software. Council may require documentation of the Software Problem, test data, and copies of programs being used before confirming and resolving Software Problem(s). E-mail can and should be used to communicate support requests. Council currently offers and will provide remote support via GoToMeeting by Citrix. Council has and will maintain a current license for the product and will use this license at no expense to BOCC for remote support of the new enhancements when necessary. BOCC agrees that this link meets BOCC's current specifications for remote access support. Council shall provide the BOCC with a telephone number to Council's Support Center, a log -in to the Support Center's system, and instructions on how to establish the link. Council further agrees to provide telephone support when requested to do so by staff members of the office of the Weld County District Attorney. The parties specifically agree that Weld County IT personnel may contact Council on behalf of the Weld County District Attorney's office to address issues and/or to assist in the resolution of software problems. 7.2 Support Fees for Annual Maintenance. No additional fees are payable by BOCC to Council, as BOCC (Weld County District Attorney) is a Council member. The parties acknowledge that all Maintenance provided by Council is funded through Council member's payment of their annual dues. 7.3 Council Support Specialist and BOCC System Administrator. BOCC shall designate a System Administrator and Council shall designate a Support Specialist who shall act as the primary contacts between BOCC and Council. 7.4 BOCC's Responsibilities. BOCC agrees to assist and cooperate with Council as reasonably required by Council, in the resolution of Software Problems. Such assistance will facilitate quicker and more effective problem resolution by Council, and may include: 7.5.1 Consultation with the System Administrator and Support Specialist. 7.5.2 Providing documentation of the Software Problem(s), test data, and copies of the programs being used when the Software Problem(s) become apparent. 7.5 Support Services. Support Services generally include resolution of Software Problem(s), support via electronic mail. (-E-mail-). and telephone, upgrades and updates of the Software. Updates to existing procedures in the Software required for any reason, described in Exhibit B. are also included in the Support Services. Installation, training, and modification of the Software are services not included as support services. and must be contracted separately. 7.6 Direct User Contact. Council Personnel may use the remote access link to access BOCC's Computer to better analyze suspected Software Problem(s) and produce a solution or "workaround" to Software Problem(s). Council personnel may also directly communicate with BOCC regarding the suspected Software Problem(s) using any form of telecommunications. Pagel? 7.7 Site Visits. In the event that: (a) data is corrupted, returned results are incorrect, or there is a severe feature malfunction without a "workaround"; (b) the Software Problem seriously disrupts BOCC's primary business operations; and (c) BOCC and Council have made every reasonable attempt to correct the Software Problem, then Council agrees to use it best reasonable efforts to resolve the Software Problem, first remotely through the remote access connection or otherwise provided BOCC has provided Council adequate remote access to BOCC's system, and then on -site, if necessary to resolve the Software Problem(s) at Council's option. 7.8 Support Hours. Council support services, which include direct telephone services, will be available to BOCC 7:00 a.m. until 5:30 p.m. Monday through Friday, except on holidays observed by BOCC. 7.9 Product Updates and Upgrades. Upon payment of BOCC's annual Council dues (detailed in Exhibit D, which is attached hereto and made a part hereof), Council agrees to provide BOCC with the Product Updates and Product Upgrades for licensed Software Produced by Council. Each enhancement to the Software will be deployed with a new release of ACTION utilizing Microsoft's Click Once technology. Each time a user starts the ACTION application it checks for a newer version. If a newer version exists it is automatically downloaded and installed. Click Once installs in a directory under the user's "My Documents" folder. 7.10 Language. Telephone and E-mail support will be provided in English, unless otherwise agreed upon in writing by both parties. 7.11 Training. Training services are included in the price paid by BOCC for the Software Training will be provided by Council at each phase of the project and will consist of the following: a. A classroom type training will be held at the office of the Weld County District Attorney and will be presented to as many software users as can utilize the space; b. The classroom training will be made available to any employee of the office of the Weld County District Attorney who will be using the new functionality; c. There will be one "train the trainer session; d. The Electronic Subpoena functionality will also include a classroom training session for the first LEA that begins using the functionality. Video web training will be used for the remaining LEAs. e. The duration of most classes will be approximately one (1) hour, but the time will be adjusted based upon the content of the training, as each phase will cover a different functionality. f. The training will be specific for each phase and will include an overview of the new functionality along with specific instructions on how the users will interact with the new functionality. g. Some phases may have a video training that will present an overview of the new functionality along with specific instructions on how users will interact with the new functionality. These videos will be hosted on the CDACWEB.com web site and will be available to the affected users. h. Training will occur for each phase within three (3) weeks of implementing the enhancements for that phase. The actual date of a training session will be negotiated between the office of the Weld County District Attorney and Council based upon the availability of the staff of the Weld County District Attorney. Page l8 8. GENERAL 8.1 Waiver, Amendment or Modification. Any waiver, amendment, or modification of any of the provisions of this Agreement or of any right, power or remedy hereunder shall not be effective unless made in writing and signed by the parties. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof in the future. 8.2 Governing Law. This Agreement shall be governed by the laws of the State of Colorado. and shall inure to the benefit of Council. its successors, administrators, heirs, and assigns. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement. 8.3 Choice of Forum. The parties agree that Weld County, Colorado shall be the proper forum for any action, including mediation and arbitration brought under this Agreement. 8.4 Attorney Fees. In the event an action, is brought to enforce any provision of this Agreement, neither party shall be entitled to recover legal costs, or attorney fees, in addition to any other amounts recovered. 8.5 Limitation on Actions. No actions, regardless of form, arising from the transactions under this Agreement, may be brought by an aggrieved party hereto more than two (2) years after the facts creating the cause of action are known to said party. 8.6 Severability. If any term, provision, or part of this Agreement is to any extent held invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall not be impaired or affected thereby. and each remaining term, provision, or part shall remain in full force and effect. 8.7 Survival. The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the termination of this Agreement, shall so survive. 8.8 Notice. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Page9 Council Colorado District Attorney's Council 1580 Logan Street Denver, Colorado 80203 Attn.: Tom Raynes, Executive Director E-mail: Tom@cdac.state.co.us Telephone: 303-830-9115 Facsimile: 303-830-8378 With copy to: Colorado District Attorney's Council 1580 Logan Street Denver, Colorado 80203 Attn.: Craig Evans E-mail: Craigacdac.state.co.us Telephone: 303-830-9115 Facsimile: 303-830-8378 BOCC: Kenneth Buck Weld County District Attorney 915 Tenth Street Greeley. Colorado 80631 E-mail: kbuck@co.weld.co.us Telephone: 970-356-4010 Facsimile: 970-352-8023 8.9 Force Majeure. Neither party shall be in default nor liable for any failure in performance or loss or damage under this Agreement due to any cause beyond its control. 8.10 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 8.11 Taxes. BOCC, as a governmental entity, is exempt from sales, use and other taxes or similar governmental charges or duties which might be incurred in connection with the exercise of the license(s) and rights granted herein to BOCC. and therefore shall not be responsible for the payment of any taxes. Council shall be responsible for the payment of any sales, use or other taxes incurred when it purchase products, materials or services in the fulfillment of its obligations under this contract. Council is also responsible for the payment of all taxes or charges based on the income of the Council. 8.12 Acknowledgment. BOCC and Council acknowledge that each has read this Agreement. understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A, B, C, and D, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements. oral or written, and any other communications between the parties relating to the subject matter of this Agreement. Page I10 8.13 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 8.14 No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 8.15 Fund Availability. Financial obligations of the (Board of County Commissioners of Weld County) payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budged and otherwise made available. By execution of this Agreement, County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year. 8.16 Employee Financial Interest/Conflict of Interest. C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. Council's has no interest and shall not acquire any interest direct or indirect, which would in any manner or degree with the performance of Council's services and Council shall not employ any person having such known interests. During the term of this Agreement. Council's shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Council's to ensure compliance with this provision may result, in Weld County's sole discretion, in immediate termination of this Agreement. 8.17 Independent Contractor: Council shall perform its duties hereunder as an independent Council and not as an employee. Council shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Neither Council nor any agent or employee of Council shall be deemed to be an agent or employee of BOCC. Council and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and BOCC shall not pay for or otherwise provide such coverage for Council or any of its agents or employees. Unemployment insurance benefits will be available to Council and its employees and agents only if such coverage is made available by Council or a third party. Council shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Council shall not have authorization, express or implied, to bind BOCC to any agreement, liability or understanding, except as expressly set forth in this Agreement. Council shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and (b) provide proof thereof when requested to do so by BOCC. Page I II 8.18 Public Contracts for Services. C.R.S. §8-17.5-101. Council certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Council shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Council that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Council (a) shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed, (b) shall notify the subcontractor and BOCC within three (3) days that Council has actual knowledge that a subcontractor is employing or contracting with an illegal alien and (c) shall terminate the subcontract if a subcontractor dues not stop employing or contracting with the illegal alien within three (3) days of receiving notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Council participates in the State of Colorado program. Council shall deliver to BOCC, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Council fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., BOCC, may terminate this Agreement for breach, and if so terminated, Council shall be liable for damages. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first stated above. COLORADO DIS CT A' TORNEY'S COUNCIL By: Tom Raynes Executive Director Date OP _3 ATTEST: Weld County Clerk to the Board z// BY:/ ii /l>Le �1�6L Deputy ClerYto the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO William F. Garcia, Chair FEB 1 1 2013 Pagel 12 a�i� cyi/ REQUEST NO B1200134 EXHIBIT 1 A. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF FINANCE & ADMINISTRATION Date: October 3, 2012 PAGES 1 - 6 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 6 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 6. I. NOTICE TO BIDDERS: A. The Board of County Commissioners of Weld County, Colorado, by and through its Director of Fjnance & Administration (collectively referred to herein as, "Weld County"), wishes to purchase the followi g: Weld County Case Management System District Attorney's Office B. Bids for the above stated merchandise, equipment, and/or services will be received at the Offi of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Roo #107, Greeley, CO 80631 until: Monday. October 22.2012 CD 2:00 PM (PURCHASING TIME CLOCK'. II, INVITATION TO BID: A. Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/ot services. B. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. C. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if i}warded the bid. D. Bids may be mailed, faxed, or emailed. If mailed, bids should be in put in a sealed envelope that has the bid number and title of the bid yped or printed in plain sight. One original and one copy of the Bid must be submitted at the time of the bid openin . One complete bid document, which will be the only official copy of the bid, shall be filed at the purchasing de rtment. After certification of the bid, by purchasing, the other copy will be sent to the applicable department(s for review. The mailing address for this bid is: Weld County Purchasing Dept, 1150 "O" Street Room #107, Greeley, CO 80631. Bids may be faxed to 970-336-7226 attention purchasing; and the vendor must include the following statement on the facsimile, "I hereby waive my right to a sealed bid", Bids may be emailed to: mstearns©co.weld.co.us. We will send you an email confirmation when we receive your bid/proposal. (Emailed bids are ppreciated) Bid information and bid tabulations can be found at: httcp;//www.co.weld.co.us/Departments/Purchasina/index.html (Please check website for new information/addenda before submitting your bid.). III. INSTRUCTIONS TO BIDDERS: A. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the BID REQUEST 181200134 Page 1 name of the state of the incorporation and by the signature and title of the president, secretary, r other person authorized to bind it in the matter. The name of each person signing shall also be typed or print d below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "age t," or other title without disclosing his principal, may be held to be the bid of the individual signing. When reque ted by the Weld County Director of Finance & Administration, satisfactory evidence of the authority of the officer igning in behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All bl nk spaces in the bid forms shall be suitably filled in. B. Bids may be withdrawn upon written request to and approval of the Weld County Director of Finance & Administration; said request being received from the withdrawing bidder prior to the time fixed fo- opening. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidders' risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and Specifications herein, unless specifically requested by the special instnidions attached hereto. Any proposal hich fails to comply with the letter of the instructions and specifications herein may be rejected. E. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder td ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section I., entitled, "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decreas quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. Any item supplied to Weld County shall be new and of the manufacturer's current model unless otherwise specified. I. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will gi preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. I is also understood that Weld County will give preference to suppliers from the State of Colorado, in a rdance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records printing, lithographing or other supplies for any officer of Weld County). J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are ade by Weld County after the bids have been distributed to prospective bidders and prior to the date and tim of bid opening, will be made in writing and signed by Weld Countys Director of Finance & Administration. No e pbyee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this id without written approval of said Director of Finance & Administration. This is not to imply that bids will not be a pted or considered with specifications which are different from those herein. Any item which does not eet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. L. The successful bidder shall indemnify and hold harmless Weld County against all claims for roy fibs, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the materia to be furnished. M. The successful bidder certifies that it shall comply with the provisions of C.R.S. § 8-17.5-101, et seq. The successful bidder shall not knowingly employ or contract with an illegal alien to perform work un er the contract or enter into a contract with a subcontractor that fails to certify to the successful bidder that the su ntractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. The successful bidder represents, warrants, and agrees that it: (a) has verified that it does not employ any illegal alien$, through BID REQUEST #61200134 Page 2 participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. § 8-17.5-102(2)(b). The successful bidder shall comply with all reasonable requests made in the course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and Employm nt. If the successful bidder fails to comply with any requirement of this provision or C.R.S. § 8-17.5-101, seq., Weld County may terminate the contract for breach and the successful bidder shall be liable for actual and consequential damages to Weld County. Except where exempted by federal law and except as rovided in C.R.S. § 24-76.5-103(3), if the successful bidder receives federal or state funds under the contr ct, the successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawf Ily present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If the successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United S tes pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effe tive date of the contract. N. All goods shall remain the property of the seller until delivered to and accepted by Weld County. O. Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of Finance & Administration for the premature opening of a bid not properly addressed and identified. P. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of sery ces), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. O. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. R. Upon the election by Weld County, no delivery of materials, equipment or services shall become due or be accepted unless a purchase order shall first have been issued by the Weld County Director of Finance & Administration. It is understood that it is necessary for all invoices to be made out to "Weld County, Colorado," not to the Department securing the merchandise. All invoices should be sent to: Weld County, Accounting Department, and P.O. Box 758, Greeley, Colorado 80632. S. These instructions, the proposal forms, and specifications have been developed with the hope o raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfact . Your cooperation is invited. T. Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information the word, and "CONFIDENTIAL." Bidders are warned that financial information submitted without such denotation may be subject to public disclosure, pursuant to the terms of the Colorado Open Records Act. IV. DEFINITIONS A. "Standard:" When the word "standard' Is used in the specification to describe an item of equipment or in assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, cape ities and ratings, conforming in every respect to the said manufacturers catalog or other printed matter describinc the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. B. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricatin the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can d monstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the a proposed to BID REQUEST ifB1200134 Page 3 be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a periOd of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. C. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, functic{n, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner s to exclude manufacturer's equipment of comparable quality, design, and efficiency. V. GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION A. Design: Any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design hall be in line with the best practice in the industry and the materials and workmanship entering into the constr ction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. B. Pre -delivery Service: Office equipment is to be delivered, as directed, unpacked, assembled, cl aped and adjusted for immediate use at a location designated by the Weld County Director of Finance & ministration. Motor vehicles and other items of equipment shall be ready for immediate use at the time of deli ery to a designated location. The equipment shall be clean and all instruments properly adjusted. The i flation of tires must be checked, lubrication completed, the crank case checked for proper oil level, and any of er servicing normally provided by dealers shall be performed. Operating and maintenance manuals shall be provided at the time of delivery. Parts and price lists shall be included when special equipment is purchased or when requested by Weld County. C. Acknowledgment and Delivery Schedule of Initial Order: Time is of the essence. A delivery schedule of not more than 15 months after receipt of the order shall be deemed reasonable and serve the best interests of Weld County. Proposals exceeding this schedule may be rejected. Delivery will be made on or before March 1, 2014. The successful bidder shall acknowledge the receipt of the order and certify delivery as scheduled. D. Warranty: The successful bidder shall warrant that: 1. The goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; nd 2. The goods are merchantable, of good quality, and free from defects, whether patent or late in material or workmanship; and 3. The goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein The successful bidder shall further warrant that he has title to the goods supplied and that ttegoods are free and clear of all liens, encumbrances, and security interests. All warranties made by the su ssful bidder, together with service warranties' and guarantees shall run to Weld County and its success° s and assigns. E. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. F. General Information: Bidder shall submit with their bids the following information pertaining to t upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. e equipment G. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By arteptance of the BID REQUEST #81200134 Page 4 bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. H. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. I. Independent Contractor: The successful bidder shall perform its duties hereunder as an indeperent contractor and not as an employee. He or she shall be solely responsible for its acts and those of Its agent and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or e ployee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its em ogees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if pplicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the c tract. The successful bidder shall have the following responsibilities with regard to workers' compensation nd unemployment compensation insurance matters: (a) provide and keep in force workers' compen ation and unemployment compensation insurance in the amounts required by law, and (b) provide proof t ereof when requested to do so by Weld County. J. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and tate laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. K. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be a4plied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporate herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. L. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-jupicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. M. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be stricJy reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action wt atsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. N. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successfu bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. O. Disadvantaged Business Enterprises. Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. BID REQUEST #B1200134 Page 5 VI. RFP REQUIREMENTS Mandatory Requirements 1. Direct or Indirect Interface to Colorado Integrated Justice Information System (CI JIS) CICJIS allows for data sharing between five CICJIS agencies: Colorado District Attorney's Courcil (CDAC), Colorado Judicial, Colorado Bureau of Investigation (CBI), Colorado Department of Corrections, and Colorado Department of Youth Corrections. CICJIS acts as the hub that links all five of the systems together. The system must have a direct interface to Colorado Integrated Criminal Justice Information Sy$em (CICJIS) or an indirect interface to CICJIS through ACTION that allows for the following electronic exchangeof data. • Ability to send District Attorney data to CICJIS in a CICJIS approved package that includes t$ut is not limited to the following. o Case data o Defendant data o Victim/Witness data o Charge data o PCN • Ability to receive and process data from CICJIS in a CICJIS approved package that include but is not limited to the items listed below. o Judicial court filings o CBI arrests o Judicial scheduled events o Dispositions o Sentences o Case number changes o SID updates o PCN If the solution provides an indirect interface to CICJIS using the interface defined above, then th4 system must perform the following. • Ability to keep the CDAC database current and synchronized with District Attorney data in older to support CDAC's status as the State Wide repository of District Attorney data. This will also allow other District Attorneys in the State to access one another's data utilizing tools provided by CDAC. • The interface must allow the electronic exchange of data in real time. The interface must also include error handling and retry attempts along with other modern interface mechanisms. Procedures mist be in place for the expansion and modification of data elements transferred over the interface in a timely m nner. This will allow for future changes to the interface. The procedures must include not only personnel ith the skills to enhance the interface but also must include the financial resources to support the enhance ents. Support must be available on a daily basis to research and fix data errors as well as trouble shoot d to and system issues. 2. Document Imaging The system must have an integrated scan solution. The scanning process must allow for the fol owing. a. A scanned image will conform to the Write Once Read Many (WORM) standard. The resul nt image will be marked in such a way as to not allow manipulation. b. The solution will be able to handle mainstream file type such as PDF, doc, docx, TIFF, xls, t(Isx, etc with preference given to multiple page TIFF formats. c. The system will allow for redaction by the DA staff. d. Documents must be able to be OCR'ed (Optical Character Recognition) and Indexed for searching purposes. BID REQUEST #81200134 Page 6 3. Work Flow The system must allow electronic case files to be routed through the District Attorney's office. Tll a work flow process must include for the following. I a. Automation of the flow through the office based on case types, but also be adaptable so an one at any time can change the flow (re-route) to another person. b. A method to set priority on the tasks a person receives. c. A Date and Time stamp of items at each step of the process indicating when the item was mpleted and by whom. d. Provide an audit trail report for each case that is readily available to the users. e. Allow for notifying a user via email they have tasks waiting. f. Provide a Task List for each individual user. 4. Electronic Discovery The system will allow discovery for a case to be electronically available to the defense attorneys must perform the following functions. The system a. The system will allow electronic files to be discoverable or non -discoverable. b. Allow multiple selections of items. c. The Discovery Packet must be formatted into a single PDF document. d. The Defense Attorneys assigned to the case will be notified via email that the Discovery Pa ket is available. e. Must have the ability to add and remove Defense Attorneys from a case. f. Provide audit tracking of the Discovery Packet including dateftime stamps and who perform$d the action of creating and receiving the packet. Also detail which electronic files; documents, images, etdd.; were included in the Discovery Packet. g. Provide method for receiving payment via credit card. h. Allow Discovery Packet to be made available only after payment is made. Also allow this function to be overridden when the DA's office decides to. i. When new discovery is available, allow easy method of packaging only the NEW discovery to be released to the Defense Attorneys. j. Provide method of Bate Stamping discovery when the Discovery Packet is created. If multiple Discovery Packets are created, continue the numbering based off the previous Packet. 5. Electronic File Storage The system should store and display all electronic files associated with a case. The system must allow for the following. a. Save all system produced documents automatically. b. Provide a "drag and drop" method for adding files to the filing cabinet. c. Provide a "windows explorer method for adding files to the filing cabinet. d. Provide a search mechanism for Meta data as well as document searching. e. Provide standard folders based on case type. New folders can be added by the user at any time. f. Mow sorting within folders. Default to alphabetical sort order. g. Allow for a "working copy" of documents to be assigned to users (Attorneys) individually. The user may also structure the documents and folders as they prefer. h. The system must be available via wireless network. 6. Electronic Subpoenas to Law Enforcement Provide a method to electronically subpoena law enforcement. The current system provides the following: a. Notify law enforcement via email of new subpoenas and call -offs. b. Provide a secure web site for the officers to view and accept subpoenas. c. Provide searching capabilities for officer subpoenas d. Provide a "conflict" mechanism so an officer can report a conflict that prevents him from ac pting the subpoena. Require supervisor approval for the conflict. Notify the DA's office of an approv conflict. BID REQUEST OB1200134 Page 7 e. Allow the LEA to maintain the officer table in Action so the DA's staff doesn't need to. 1. Provide a mechanism for the DA's office to create electronic subpoenas that is very similar to current subpoena flagging methods. g. Provide call off functionality for the DA's office. h. Provide reports on the status of each eSubpoena. 7. Document Templates in Microsoft Word Format The system must allow for the addition of customizable Microsoft Word templates for motions an forms. 8. Case Management The system must allow for the following functionality: • Case data tracking of defendant, offense, charging, victim/witness, disposition and sentence for misdemeanor, traffic, criminal and civil cases. • Generation and tracking of subpoenas. • Generation of letters to victims/witnesses, police agencies, schools. Should also include abi ity to track when a letter had been created. • Ability to create and run customizable reports for the tracking of trial costs. Optional Requirements The following are considered optional but not necessary in the immediate future. 1. Court Events to Outlook A method to populate an Outlook calendar with events (both Court events and Internal events). the user should be presented with a list of events to choose from, be able to select which events to send to Outl k, and then send them automatically to his/her calendar. Also create the ability for an admin/secretary/oche user to send Court/Internal events to another person's calendar, provided the other person has shared his/her calendar. 2. Dashboard to Display User Defined Reports Customizable screen to display various user defined reports. These could include managemen reports detailing employees that work for an individual. Reports will be defined by the DA's office with the help o CDAC to ensure we either have the data necessary to produce the report or can make modifications to gather the appropriate data. 3. Import Files Add a feature to be able to import files using the following criteria. a. Allow the system to imp ort port PDFs from FileBound or other case management systems instead of requiring the PDF to be printed and then scanned. b. Create interface to electronically, automatically retrieve documents and store them. c. Provide method to get documents from the Spillman system into the electronic filing cabinet. 4. Unified Name Search A Unified Name Search in to search all types of people including Victims, Witnesses, Defendants, or Police Officers with one search. The search result should differentiate/display the type of person displayed and also include all related cases for that person. 5. Document Conversion BID REQUEST #B1200134 Page 8 A method to convert 10 to 14 Million historical TIFF documents so that they are accessible in the proposed software solution. VII. Description of Weld County Computing Environment Weld County Information Services will provide guidance to the District Attorney's Office in evaluating the proposed vendor solutions in regards to meeting User Requirements as well as the Functional 8 Technical Requirements noted at the end of this RFP, sections XV and XVI. Weld County Information Services should be included in the distribution of invoices as well as all corespondence related to this project Weld County Information Services will be overseeing the Project Management and System Implementation. VIII. Response Requirements and Timeline The District Attorney Case Management System Enhancement response is due by 10:00 AM, MST 4n Error! Reference source not found.. Proposals submitted after that time and date will not be acce ed. Mandatory Pre -Proposal Conference A Mandatory Pre -Proposal Conference to familiarize respondents with the scope of work and to answer questions will be held on Wednesday, October 10, 2012 at 9:00 a.m. at: Centennial Conference Center Conference Room C 91510`" Street Greeley, Colorado 80631 Respondents are requested to RSVP to Mike Steams via e-mail at mstearnseco.weld.co.us by Monday, October 8, 2012 with the number of persons attending the Pre -Proposal Conference. During the Mandatory Pre -Proposal Conference, Weld County will only answer verbal questions Written questions will only be considered from service providers that had a representative at the Manda ry Pre -Proposal Conference. Questions regarding this proposal must be submitted in writing to Mike Steams by e-mail to mstearnst82co.weld.co.us no later than October 17, 2012. All provider questions received will be consolidated, answered and distributed via e-mail to all service providers that had a representative present at the Mandatory Pre -Proposal Conference by October 19, 20112 IX. Submittal Requirements Instructions to Vendors 1. Qualified vendors interested in performing the work described in this Request for Proposal must submit the following information to Mike Stearns, Functional Consultant, at Weld County. 2. Provide an acknowledgement in Table 1. Requirements Acknowledgement that you have read and whether you can support our requests listed in Section VI. RFP Requirements. • Provide "N/A"response alongside items that your solution does not support complete and ach Requirement BID REQUEST #B1200134', Page 9 • Provide "Add-on" alongside items that are not part of your basic package. but are supported!bv you via a Add-on"package Requirement Response Mandatory Requirements Interface to Colorado Integrated Justice Information System (CICJIS) Document Imaging Work Flow Electronic Discovery Electronic Filing Cabinet Electronic Subpoenas to Law Enforcement Document Templates in Microsoft Word Format Case Management Optional Requirements Court Events to Outlook Dashboard to display User defined reports. Import Files Unified Name Search Document Conversion Table 1. Requirements Acknowledgement 3. Completion of the Functional Requirements Section XV and Technical Requirements in Section XVI. • N/A should be entered in the response column for items that ere not supported by your solution 4. To enable the Selection Committee to fairly evaluate each proposal response, each respondent shall use the following proposal format. Submittal Response Format • Executive Summary • Vendor Profile • Requirements Acknowledgement (Table 1 above) • Pre -Project Workbook • Point -by -point RFP Response • Statement of Work (SOW) Breakdown Requirements Response • Hardware Solutions Response • Competitive Analysis Response • References • Functional Requirements Response • Technical Requirements Response • Implementation and Support — including a timeline • Training • Pricing • A signed copy of the acknowledgement page at the end of this RFP • Appendices containing any additional/supporting information Failure to meet the phase deadlines may result in termination of the agreement between the ye County. Statement of Work (SOW) Breakdown Requirements 1. Project plan with a schedule for completing the solution. 2. Cost estimates for each mandatory requirement and any optional requirements beings deliverec dor and Weld BID REQUEST #B1200134 Page 10 3. Cost and time to complete workflow configuration and application set-up for each phase 4. Cost and time to provide training to designated staff 5. Cost breakdown for basic software package • Provide a descriptive list of what is included in the basic software application package 6. Cost breakdown for each additional add-on product for your software solution • Provide a list of each add-on and why it would be needed to make this solution work 7. Provide separate costs breakdown for either hosted or self -hosted solutions. 8. Explain how you plan to meet the March 1, 2014 deadline. Provide Hardware Solutions 1. Provide a Network Diagram, all firewall requirements, and all server requirements necessary to get the best results and response times. 2. Provide list of Server and other Hardware Requirements to make this solution work • Vendor is required to provide Hardware recommendations to allow for rapid search and retrieval of documents 3. Chosen vendor will be required to complete the Weld County Pre -Project Security Workbook wh ch will be sent softcopy to interested parties. • If a vendor can't meet the security workbook requirements, they will not be considered for this project and another vendor will be selected. General Requirements Six (6) copies of the proposal are required. Proposal submitted in response to this RFP must be in a format requested above. Any serious deviation from this format shall be cause for rejection of the proposal sponse. All proposals submitted shall become the property of the County. At the discretion of the County firms s bmitting proposals may be requested to make presentations as part of the evaluation process. The County II not reimburse the respondents to this RFP for any cost associated with the preparation and submission of said proposals or in the preparation for and attendance at a presentation. The County reserves the right to request any firm ubmitting a proposal to clarify their proposal or to supply additional information necessary to assist in the Coun 's selection. All firms must be able to meet all of the requirements set aside in this RFP. All proposals shall include all of the information requested in this RFP and any additional data that the respondent deems pertinent to the understanding and evaluating of the proposal. The respondent should not withhold any information from the written response in anticipation of presenting the information orally, since oral presentations may not be solicited. All proposals shall meet, at a minimum, all criteria outlined in the following sections.) X. Weld County Contacts Question regarding this RFP Contact: Mike Stearns, Functional Consultant Weld County Information Services rnsteamseco.weld.co.us 970-304-6570 ext 2547 Submit Six Hard Copies and an Electronic Version of your Proposal to: PDF or Word document formats are acceptable. Mike Steams, Functional Consultant Weld County Information Services 1401 North 17th Avenue Greeley, Co 80631 mstearnsaco.weld.co.us 970-304-6570 ext 2547 810 REQUEST #51200134 Page 11 XI. RFP Timeline Weld County has established the following timeline in relation to the District Attorney's Case Managemert Enhancements. Please note that dates are subject to change. Vendors will be notified via an addendum to this RFP of any changes in the timeframe. RFP distributed October 3, 2012 Pre -Bid Meeting RSVP October 8, 2012 Pre -Bid Meeting October 10, 2012 Deadline for questions submitted in relation to RFP October 17, 2012 i Distribution of Responses to RFP Questions October 18, 2012 Deadline for receipt of RFP response October 22, 2012 Governance Review of Proposal Responses October 24, 2012 Approval by County Commissioners November 7, 2012 System implementation (estimated) March 1, 2014 XIi. Evaluation Criteria Selection Criteria: Criteria Mandatory Requirements Optional Requirements Description Interface to Colorado Integrated Justice Information System (CICJIS) Document Imaging Work Flow Electronic Discovery Electronic Filing Cabinet Electronic Subpoenas to Law Enforcement Document Templates in Microsoft Word Format Case Management Court Events to Outlook Dashboard to Display User Defined Reports Import files Unified Name Search Document Conversion Each organization will be evaluated by how their solution meets the Functional Requirements. Priority (1-5 Scale)" 5 5 5 Possible Points 10 10 10 Points Awarded Total (Prionty x Awarded) 5 5 10 10 5 10 5 10 5 2 10 10 3 3 2 10 10 10 4 3 10 Functional Requirements 10 Technical Requirements Each organization will be evaluated by how their solution meets the Technical 3 10 R Requirements. BID REQUEST*B1200134 Page 12 Computer Hard/Software Provide appropriate hardware, software, and training of county staff. 4 10 Technical Service and Support Understanding of desired enhancements. How implement the solution. Vendor has the ability to provide both phone support and on -site, if necessary. 5 10 Qualifications Vendor is an established business dedicated to providing software solutions for District Attorneys. (Length of time vendor has been in the business, current and recent history of performance, apparent capability to perform well). 4 10 Price Reasonable and fair pricing. 4 10 Proposed Technology and Features `d Total Each firm will be evaluated on how they will meet the deadline. 5 10 The priority scoring is as follows: 1 •5 Scale 1 = Unsatisfactory 2 = Marginal 3 = Good 4 = Very Good 5 = Excellent The evaluation committee will review all proposals to determine compliance with the requirements of the RFP. The committee reserves the right to verify credentials, conduct reference checks, and verify the companies meet the performance requirements outlined in the RFP. Products and performance demonstrations may be requested. Award: A selection committee shall evaluate all responses submitted to this RFP. The award will be baled on general criteria, as outlined above. After an initial screening process, the respondent may be asked to Make an oral presentation of its proposal. All arrangements and scheduling shall be coordinated by RFP contact. The County expressly reserves the right, in its sole judgment, to accept or reject any or all proposals, with or without cause, modify, alter, waive any technicalities or provisions, or to accept the proposal which, in its sole judgment, is determined to be evaluated offer resulting from negotiation. The County reserves the right to withdraw the RFP in whole or in part, at any time and for any reason. Submission of a proposal response confers no rights upon the respondent nor obligates the Weld County District Attorney's Office in any manner. The County reserves the right to award no agreement and to Solicit additional offers at a later date. Questions/Inquires/Addendum: All questions related to this RFP must be directed to the attention of Mike Stearns mstearnsCabco.weld.co.us. All inquires must be in writing and responses will be shared with all potential respondents, as appropriate. BID REQUEST #81200134 edmpappi Page 13 If it becomes necessary to revise any part of the RFP or if additional data is necessary to enable an exact interpretation of the provisions of this request, an addendum will be used. It is the responsibility of the respondent to ensure that they have received all addendums prior to submitting a proposal response. All proposals must be submitted in accordance with all terms, conditions, specifications; and stipulations contained herein. Respondents shall carefully read and be familiar with all terms, conditions, Specifications, and stipulations in this RFP, which shall become part of the final contract. The County reserves the right to negotiate optional items and/or services with the successful firm. The County reserves the right to waive any technical or formal errors or omissions and to reject any and all proposals, or to award a contract for the items herein, either in part or in whole, if it deems iti to be in the best interest of the County to do so. No proposal shall be accepted from, and no contract will be awarded to, any person, firm or corporation that is in arrears to the County, upon debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the County, or that has failed to attain or demonstrate compliance with any law, ordinance, regulation, or contract term or condition as maybe provided for or required in any County contract, or that may be deemed irresponsible or unreliable by the County. Respondents may be required to submit satisfactory evidence' that they have a practical knowledge of the particular work and that they have the necessary financial resources to perform and complete the work outlined in this proposal. All materials furnished or services performed under the terms of a contract issued as a result of this RFP shall comply with the requirements and standards specified in the Williams -Steiger Occupational Safety and Health Act of 1970 (Public Law 91-596), as well as with other applicable federal, state and local codes. In the event that a proposal requires a formal contract to be prepared by the County, the successful firm will properly sign and furnish any performance bonds, insurance, workers' compensation insurance, etc. as may be required by the County within (10) days (unless a longer period is allowed by the County) from the date of receipt of the formal contract forms. All respondents must take into consideration that only the County's contract documents will be used in the finalization of any agreement issued as a result of this RFP. Parties hereto reserve the right to make amendments or modifications to the agreement by written amendment signed by both parties. No amendment shall be effective unless signed by both the firm representative authorized to bind the successful firm and the County. All respondents must submit written disclosure of any known potential conflicts of interest that may result during the course of performance of the services listed herein. It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, appr val, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influOncing the content of any specification or procurement standards, rendering of advice, investigation, auditing, or in any other capacity in any proceeding of application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or bid therefore. It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. In the event that any gratuities or kickbacks are offered or tendered to any County employee,or representative, the respondents proposal will be disqualified. Non -collusive Bidding Certification By submission of this proposal, the respondent certifies that: BID REQUEST #81200134 Page 14 1. The proposal has been arrived at by the firm independently and has been submitted without collusion with any fine. 2. The contents of the proposal have not been communicated by the firm, nor, to the best of their knowledge and belief, by any of their employees or agent, to any person not an employee or agent of the firm or its surety on any bond furnished herewith, and will not be communicated to any such person prior to the official opening of this proposal. 3. No firm shall submit more than one proposal, including alternate proposal, for this service. Non -Discrimination in Employment In connection with the performance of work under a contract issued as a result of this RFP, the respondent agrees not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability. The respondent furth+r agrees to insert the foregoing provision in all subcontracts hereunder. Indemnification Indemnification by the County. The County cannot and by this agreement does not agree to indemnify, hold harmless, exonerate or assume the defense of the respondent or any other person or entity whatsoever, for any purpose whatsoever. Indemnity. The respondent shall defend, indemnify and hold harmless the County, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature whatsoever, including workers' compensation claims. in any way resulting from or arising out of any agreement issued as a result of this RFP; provided, however, that the respondent need not indemnify or save harmless the Country, its officers, agents and employees from damages resulting from the negligence of the County's officers, agents and employees. Assignment of Purchase Order or Contract The firm may not assign or otherwise transfer any of its rights or obligations under any purchase order or contract made and entered into pursuant to the County's proposal without written approval of the County Purchasing Division. Cancellation The contract issued as a result of this RFP may be canceled by either party provided a sixty (60) day written notice is given to the party. Written notice to the County must be sent to the Weld County Board of County Commissioners, with copies to Terasina White, District Attorney's Office, and Mike Stearns, Infotmation Services. Taxes All proposals shall reflect all applicable tax exemptions for Weld County: 1. Federal Registration Number: 84-6000813 2. Colorado State Registration Number: 14-02101 3. Colorado State Sales Tax Exemption Number: 98-03551-0000 XIII. Competitive Analysis • Describe what generally differentiates you from your key competitors. • Describe your market share in the Prosecution/District Attorney Case Management space. • Describe the enhancement process for your solution. BID REQUEST #B1200134 Page 15 XIV. References • How many organizations have implemented your solution overall? • How many organizations are still running your solution with an active maintenance and support contract (i.e., lifetime customer retention)? • Provide the name of the oldest, active customer of your solution. • Please describe the customer industries you service. • Please provide information in relation to three (3) customers who have implemented a solution similar to Weld County. Include company name, location, inception date, and solution specifics. XV. Functional Requirements The following questions relate to the functional requirements that are required in the proposed solution. User Experience Category Requirement Response Client User Interface Users can easily navigate and perform their primary job tasks with little -to -no training and with intuitive ribbon -style toolbars, tabs, and easy access features that are based on the familiar look and feel of Microsoft Office products. Client User Interface Client provides the capabilities for users themselves to personalize the user experience (e.g., personalized home page that opens to personal workflow lifecycles, stored favorite retrievals, etc.). Client User Interface Client provides ability to display the document being indexed in a preview pane during the indexing process. Client User Interface Client provides the ability to import files Web Client Interface Solution offers the full feature set of a client - based solution through a web deployable interface (i.e., rich internet application). Web Client Interface Solution offers full support for Internet Explorer and Safari. Search Experience Solution provides advanced full text search capabilities that include wild card, and SOUNDEX. Offline Client Experience Describe the capabilities you have for an offline/mobile worker (e.g., access documentation, complete forms, synchronization). Mobile Devices Solution provides natively built interfaces to standard mobile devices — iPad and iPhone. Category Requirement Capture and Image Management Vendor Response; BID REQUEST #51200134 Page 16 Capture Describe the breadth of your solution's capture and management solutions. Capture Describe your ability to integrate with work flow. Indexing Describe the indexing capabilities available within your solution. Electronic Signature Describe the native ability to associate an electronic signature with an event managed by your solution. Configuration Describe the out -of -the -box configurable options related to your solution's scanning interface. Scalability Describe the features that enable your system to scale for high -volume imaging applications. Business Process Management & Workflow Category Requirement Vendor Response Decision Making Solution provides the ability to perform parallel processing by automatically routing a single document through multiple business processes simultaneously and allowing multiple users to access and work on the same document. Integration Solution provides the ability to present and access workflow from these locations: • iPad • iPhone • Standard Client • Outlook • Web Client Check all that apply and include requested screen shots: : iPad iPhone 7 Standard Client = Outlook Web Client Accomplished out -of -the -box or through a productized offering. Business Activity Monitoring Solution provides a native, configurable workflow dashboard to monitor, in real time, the workload of end users. Reporting Please describe your solution's pre -configured and ad hoc reports. Records Management Category Requirement Vendor Response Records Management Describe your records management solution. Records Management Solution allows for multiple documents to be grouped together and treated by the system as a single record, with a single retention plan. BID REQUEST #81200134 Page 17 Records Solution provides the ability for documents to Management be dragged and dropped into a record (folder of documents) and have the new documents automatically inherit the records management policy. Record Types Solution allows users to capture, declare, and store electronic records (documents) in their native formats, including e-mail, electronic forms, physical items, images, text files, and Office documents. Auditing & Reuortin Category Requirement Vendor Response Auditing Solution provides the ability to access a field - level audit trail. Auditing Describe what is natively tracked in your out - of -the -box audit trail. Auditing Solution allows a system administrator to perform an ad hoc audit on system -related activities from within the client (e.g., identification of all documents accessed by a recently released employee). Auditing Solution allows an administrator to create custom audit log entries tied to workflow progress for the purpose of generating business process reports. Reporting The ability to export to Excel. Reporting The ability to Write Crystal Reports. XVI. TECHNICAL REQUIREMENTS Configuration Category Requirement Response System Configuration Describe the system configuration. Infrastructure Category Requirement Response Database The database architecture supports multi - vendor platforms, specifically Microsoft SQL and Oracle. Virtualization Describe your solution's support for virtualization. Security Administration Category Requirement Response BID REQUEST #51200134 Page 18 Security Describe the depth and breadth of your system's security methodology (rights and privileges), including system's ability to assign security at each of the following levels: • User groups • Users • Document Type Groups • Document Types i • Index Values • Folders • Notes • Workflow • Import Processors • Scan Queues • Configuration Encryption Describe your solution's encryption capabilities. PCI Compliance Describe how your system manages highly - sensitive information (i.e., payment card information), adhering to the PCI compliance standard. Storage Category Requirement Response Storage Options Describe the document storage solution. Scalabill Category Requirement Response Scalability Describe how your solution scales in terms of users and documents. Licensin Category Requirement Response Licensing Flexibility Primary client access licenses enable a user to access the system either over the web or via a desktop. A client license is not bound to either web -based access or desktop (thick client) access. Environment Licensing Describe additional test and development environments provided. What are the costs to license these environments — both software and maintenance? BID REQUEST #51200134 Page 19 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. B1200134. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE E-MAIL TELEPHONE NO FAX TAX ID # SIGNATURE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. PLEASE DO NOT FAX BACK PAGES 1-6. BID REQUEST #81200134 Page 20 EXHIBIT a District Attorney Case Management System Enhancement Request B1200134 Bid from CDAC Contents Executive Summary 2 Vendor Profile 2 Point -by -point RFP Response 3 Statement of Work and Pricing 7 Implementation and Support 8 Training 8 References 9 Acknowledgement Page 10 Requirements Acknowledgement (Table 1) 11 Pre -Project Workbook 12 Hardware Solutions Response 26 Competitive Analysis Response 27 Functional Requirements Response 28 Technical Requirements Response 34 CDAC RFP Bid Response Page 1 Executive Summary CDAC respectfully submits this bid in response to the Request For Proposal for a Weld County Case Management System for the District Attorney's Office. All mandatory requirements will be met, either through our existing ACTION Case Management System, or through enhancements to our system. In addition, most optional requirements will also be met. These enhancements will be completed before the March 1, 2014 deadline at a cost of $225,000. Vendor Profile The Colorado Districts Attorneys' Council (CDAC) is a member based organization that serves the needs of the District Attorney (DA) Offices in the State of Colorado. One of our offerings is a case management system that is utilized by 16 DA Offices in Colorado. We have been in the business of providing software solutions to District Attorneys for over 23 years. CDAC RFP Bid Response Page 2 Point -by -point RFP Response 1. Direct or Indirect Interface to Colorado Integrated Justice Information System (CICJIS) CDAC and our ACTION Case Management system has a direct interface with CICJIS.j We helped to build this interface in 1989 and have been running on it ever since. All District Attorney data in the state of Colorado that passes through CICJIS goes over this interface. We are the only provider that has a direct interface to CICJI5. The interface does have the ability to send District Attorney data to CICJIS in a CICJIS approved package that includes but is not limited to the following. • Case data • Defendant data • Victim/Witness data • Charge data • PCN The interface does have the ability to receive and process data from CICJIS in a CICJIS approved package that includes but is not limited to the items listed below. • Judicial court filings • CBI arrests • Judicial scheduled events • Dispositions • Sentences • Case number changes • SID updates • PCN 2. Document Imaging This is an enhancement to ACTION. The planned enhancement will allow a scanner to be connected to a computer running ACTION, and have ACTION control the scanner, bringing the scanned images into the ACTION Filing Cabinet associated with the appropriate case. The scanning process should allow: • A paper document/picture/etc... to be scanned and the image captured and stored in the ACTION Filing Cabinet. • The resultant image should be marked in such a way as to not allow manipulation. If manipulated, there needs to be a way to determine this. • The PDF format is an option, but the size of the image store is a concern. Currently the images are stored in the TIFF format with roughly 8 million images. The DA's office is currently receiving many electronic submissions in PDF format. • Images should allow for redaction by the DA staff. • Documents should be OCR'ed (Optical Character Recognition) and Indexed for searching purposes. • A method to allow Meta data about the document to be entered and searched should be made available to the user. CDAC RFP Bid Response Page 3 3. Work Flow This is an enhancement to ACTION. The planned enhancement will allow a form of an electronic "task list" that allows a case to be routed through the DA's office. The purpose is to get documents and the case to different people at the appropriate time. The work flow should allow for the following: • Standard automated flow through the office based on case types, but also be adaptable so anyone at any time can change the flow (re-route) to another person. • Provide a way to set priority on the tasks a person receives. • Date/Time stamp when each step of the process was completed and by whom. • Provide an audit trail report for each case that is readily available to the users. • Allow for notifying a user via email they have tasks waiting. • Provide a "Task List" in ACTION for each individual user. 4. Electronic Discovery This is an enhancement to ACTION. The planned enhancement will allow discovery for a case to be electronically available to the defense attorneys. The system should allow for: • ACTION user (Attorney) will mark the electronic files as discoverable. • User can mark the case as available for discovery. • Allow multi -select in Filing Cabinet so user can select which documents/electronic files to use in the Discovery Packet. • The Discovery Packet should be formatted into a single PDF document. • The Defense Attorneys assigned to the case will be notified via email that the Discovery Packet is available. • Ability to add/remove Defense Attorneys from a case. • Provide audit tracking of the Discovery Packet including date/time stamps and who performed the action of creating and receiving the packet. Also detail which electronic files (documents, images, etc...) were included in the Discovery Packet. • Provide method for receiving payment via credit card. • Allow Discovery Packet to be made available only after payment is made. Also allow this function to be overridden when the DA's office decides to. • When new discovery is available, allow easy method of packaging only the NEW discovery to be released to the Defense Attorneys. • Provide method of Bate Stamping discovery when the Discovery Packet is created. If multiple Discovery Packets are created, continue the numbering based off the previous Packet. CDAC RFP Bid Response Page 4 5. Electronic File Storage This is an enhancement to ACTION. The planned enhancement will allow a place in ACTION that stores and displays all electronic files associated with a case. Storage of the files will physically be outside of ACTION, but to the user it will appear as though all documents and other electronic files are stored in ACTION. The system will allow for: • Save all ACTION produced documents automatically. • Provide a "drag and drop" method for adding files to the filing cabinet. • Provide a "windows explorer" method for adding files to the filing cabinet. • Provide a search mechanism for Meta data as well as document searching. • Provide standard folders based on case type. New folders can be added by the user at any time. • Allow sorting within folders. Default to alphabetical sort order. • Allow for a "working copy" of documents to be assigned to users (Attorneys) individually. The user may also structure the documents and folders as they prefer. • The eFiling Cabinet should easily be accessible from court via wireless network. 6. Electronic Subpoenas to Law Enforcement ACTION currently provides a method to electronically subpoena law enforcement. The current system provides the following: • Notify law enforcement via email of new subpoenas and call -offs. • Provide a secure web site for the officers to view and accept subpoenas. • Provide searching capabilities for officer subpoenas • Provide a "conflict" mechanism so an officer can report a conflict that prevents him from accepting the subpoena. Require supervisor approval for the conflict. Notify the DA's office of an approved conflict. • Allow the LEA to maintain the officer table in Action so the DA's staff doesn't need to. • Provide a mechanism for the DA's office to create electronic subpoenas that is very similar to current subpoena flagging methods. • Provide call off functionality for the DA's office. • Provide reports on the status of each eSubpoena. In order to use this functionality, we will set up the Law Enforcement agencies in District 19 and configure the system to work with agencies. 7. Document Templates in Microsoft Word Format ACTION currently allows for the addition of customizable Microsoft Word templates for motions and forms. CDAC REP Bid Response Page 5 B. Case Management ACTION currently has the following functionality: • Case data tracking of defendant, offense, charging, victim/witness, disposition and sentence for misdemeanor, traffic, and criminal and cases. • Generation and tracking of subpoenas. • Generation of letters to victims/witnesses, police agencies, schools. These documents also include ability to track when a letter has been created. • Ability to create and run customizable reports for the tracking of trial chats. Optional Requirements 1. Court Events to Outlook This is an enhancement to ACTION. The planned enhancement will allow for a method to populate an Outlook calendar with events (both Court events and Internal events). The user should be presented with a list of events to choose from, be able to select which events to send to Outlook, and then send them automatically to his/her calendar. Also create the ability for an admin/secretary/other user to send Court/Internal events to another person's calendar, provided the other person has shared his/her calendar. 2. Dashboard to Display User Defined Reports This is an enhancement to ACTION. The planned enhancement will allow for a customizable screen to display various user defined reports. These could include management reports detailing employees that work for an individual. Reports will be defined by the DA's office with the help of CDAC to ensure we either have the data necessary to produce the report or can make modifications to gather the apprdpriate data. 3. Import Files At this time we are unable to officially bid on this optional requirement. We will however initiate a study to determine the feasibility of creating the functionality requested. 4. Unified Name Search This is an enhancement to ACTION. The planned enhancement will allow for a Unified Name Search in to search all types of people including Victims, Witnesses, Defendants, or Police Officers with one search. The search result should differentiate/display the type of person displayed and also include all related cases for that person. 5. Document Conversion The current efiling cabinet is able to import existing documents. While not an official part of this bid, we will work with the DA's office and attempt to find a way to import these documents. CDAC RFP Bid Response Page 6 Statement of Work and Pricing CDAC will design, code, test, and implement the requirements as outlined in the "Point -by -point RFP Response" section. CDAC will follow the schedule listed below, and also adhere to the cost estimates of each phase. We do reserve the right to alter the timing of each phase due to unforeseen conditions including but not limited to staffing issues, newer technologies, or unexpected emergencies. However, if any of the phase schedules are altered, the deadline will still remain March 1, 2014. It is possible the certain phases will be completed ahead of schedule. Any deviation from the schedule listed below will be communicated to the appropriate personnel within the DA's office with enough lead time to accommodate training of DA staff. Project Plan: Following is the proposed project plan. Requirement Completion Cost 8. Case Management: ACTION is currently installed and working in the District Attorney's office. Now $0 1. Direct Interface to Colorado Integrated Justice Information System (CICJIS) ACTION currently has a direct interface with CICJIS. Therefore this requirement has already been met. Now $0 6. Electronic Subpoenas to Law Enforcement Dec. 1, 2012 $12;300 1. Court Events to Outlook Jan. 18, 2013 $12,300 5. Electronic File Storage April 5, 2013 524,300 7. Document Templates in Microsoft Word Format: Creation of new documents will begin in December. June 14, 2013 $0 2. Document Imaging June 14, 2013 524)300 3. Work Flow Nov 1, 2013 $72,800 4. Electronic Discovery Feb 7, 2014 $48,500 2. Dashboard to Display User Defined Reports Feb 7, 2014 $18,200 4. Unified Name Search Feb 24, 2014 $12,300 5. Document Conversion Feb 24, 2014 $0 Total $22$,000 The cost to configure and train each phase is included in the costs outlined above. CDAC RFP Bid Response Page 7 Implementation and Support Each enhancement to ACTION will be deployed with a new release of ACTION utilizing Microsoft's Click Once technology. Each time a user starts the ACTION application it checks for a newer version. If a newer version exists it is automatically downloaded and installed. Click Once installs in a directory under the user's "My Documents" folder, eliminating the need for administrative privileges. CDAC maintains a programming staff whose sole responsibility It Is to support the ACTION systems. Our Help Desk is available by phone or email, and has the ability to utilize GoToMeetings to view the user's computer screen in order to diagnose issues. On -site support is available as needed. Training CDAC utilizes a "Train the trainer" methodology, along with online video tutorials, web conferences and in -person training. Each phase/enhancement will utilize one of more of these methods to train the end users on the new functionality. The training will occur before the release of the functionality in order to maximize user acceptance. As ACTION is currently installed in the District Attorney's office, no additional costs are required for the case management system. CDAC will utilize existing programming personnel, and perhaps additional contract or permanent employees to meet the March 1, 2014 deadline. CDAC RFP Bid Response Page 8 References Nineteen District Attorney Offices have implemented our ACTION Case Management Solution. Currently 16 offices run the solution. We have provided 3 other case management system in the past, beginning in the 1980's. The 10th JD District Attorney's Office was the first to use our current ACTION Case Management Solution. CDAC services the District Attorney's in the State of Colorado, along with the State Attorney General's Office. Three customers who have implemented our solution similar to Weld County DA are: 1. 10th JD District Attorney's Office Pueblo, Colorado Inception Date: April 2007 They are currently using the same ACTION solution that Weld County is. 2. 8th JO District Attorney's Office Fort Collins, Colorado Inception Date: June 2007 They are currently using the same ACTION solution that Weld County is. 3. 4th JD District Attorney's Office Colorado Springs, Colorado Inception Date: August 2007 They are currently using the same ACTION solution that Weld county is. CDAC RFP Bid Response Page 9 Acknowledgement Page The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. Error! Reference source not found.. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM Colorado District Attorneys' Council BY Thomas Ravnes (Please print) BUSINESS ADDRESS 1580 Logan Street, Suite 420 DATE 10/19/2012 CITY, STATE, ZIP CODE Denver, CO 80203 E-MAIL tom(a�cdac.state.Co.us TELEPHONE NO 303830-911 FAX 303-830-8378 TAX ID # 84-0782:194 SIGNATURE • -�. WELD COUNTY IS EXEMPT FROM CbCORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. PLEASE DO NOT FAX BACK PAGES 1-6. Requirements Acknowledgement (Table 1) Introduction This document is intended to assist the Weld County IT department in collecting a standard set of required information related to requirements acknowledgement for new projects. Please fill out the pertinent sections of this workbook and return to your ACS point of contact. Note: All applications may be subject to a security review before the application is allowed to enter production. Provide an acknowledgement in Table 1. Requirements Acknowledgement that you have read each Requirement and whether you can support our requests listed in Section VI. RFP Requirements of the RFP document. • Provide "N/A" response alongside items that your solution does not support • Provide 'Add-on" alongside items that are not part of your basic package, but are supported by you via aAdd-on"package Requirement Response Mandatory Requirements Interface to Colorado Integrated Justice Information System (CICJIS) Included Document Imaging Add-on Work Flow Add-on Electronic Discovery Add-on Electronic Filing Cabinet Add-on Electronic Subpoenas to Law Enforcement Included Document Templates in Microsoft Word Format Included Case Management Included Ootlonal Requirements Court Events to Outlook Add-on Dashboard to display User defined reports. Add-on Import Files N/A Unified Name Search Add-on Document Conversion Add-on Table 1. Requirements Acknowledgement CDAC RFP Bid Response Page 11 Pre -Project Workbook Introduction This document is intended to assist the Weld County IT department in collecting a standard set of required information for new projects. Please fill out the pertinent sections of this workbook and return to your ACS point of contact. Note: All applications may be subject to a security review before the application is allowed to enter production. 1. Hardware 1.1 Please provide recommended hardware requirements for all server systems The ACTION system will be installed on client machines within the District Attorney's office. The only server requirements would be for the physical storage of images/documents. 1.2 Please provide hardware requirements for workstations/Laptops Minimum Hardware Requirements: Pentium 4, 512MB RAM 1.3 Please list any additional hardware requirements (IE: Printers, faxes, scanners, appliances, etc.) The document imaging portion requires a TWAIN compliant scanner. Speed and options are up to the District Attorney's office. CDAC RFP Bid Response Page 12 2. Licensing and Software 2.1 Please describe how the application is licensed (IE: Concurrent, per user, per site. Etc.) ❑ Concurrent n Per User 0 Per Site Other Click here to enter text. 2.2 Server Operating System Requirements NA 2.3 Supported Workstation operating systems Windows XP, Vista, Windows 7 2.4 Please identify all components of the software and roles of each component ACTION: Case Management System used to enter and view case data and produce documents. Action Viewer: Web based view only system that allows viewing of District case data as well as case data from other district Attorney's hi Colorado. CDACWeb.com: Web based system supplies forums, Expert Witness database, Electronic Subpoena access for Law Enforcement 2.7 Please identify any 3rd party applications that are required by your software and which versions on these applications are tested and supported. (I.E. JAVA, .NET, Microsoft Office, etc.) Windows Installer 3.1 .NET Framework 3.5 SPI Microsoft Visual Studio 2008 Report Viewer 3. Security 3.1 Does the application require user authentication? ® Yes CDAC RFP Bid Response Page 13 ❑ No Notes The security system requires that each individual user be authorized, each computer be authorized, each user be authorized on one or more computers, and each user to have a unique userid and password. 3.2 Does each user in the system have a unique login? ® Yes ❑ No Notes Click here to enter text. 3.3 If Authentication is used what is the authentication system iu use? ❑ Active Directory via LDAP 0 Other Notes Integrated Windows Authentication Application (Usemames stored in database) Database (Database account required) Web Server (I.E. htaccess file) Click here to enter text. Click here to enter text. 3.4 Are credentials passed over the network? Please document which areas of the system pass credentials over the network. Yes No Notes The login screen passes credentials over the network. 3.4.1 Are credentials passed over the network encrypted? O Yes ❑ No If yes, Click here to enter text. How? CDAC RFP Bid Response Page 14 3.5 Are credentials stored? • Yes ❑ No Explain Click here to enter text. 3.5.1 Are stored credentials encrypted? ❑ Yes ® No If yes, Click here to enter text. How? 3.5.2 Where are credentials stored? In our SQL Server Database. 3.6 How does the system verify that the user is authorized to perform specific actions within the system? Each user is assigned a role. The roles have specific actions they are allowed to perform in the system. 3.7 Can role based security be applied? Yes CI No Notes ('lick here to enter text. 3.8 What forms of authentication are supported? ® Password ❑ Biometric ❑ Token (Hardware based) Notes We also use the client computer's MAC addresses to confirm it is authorized. 3.9 Does the application enforce a password policy (IE: Password complexity, Account Lockout, etc)? ❑ Yes ® No CDAC RFP Bid Response I Page 15 Notes Click here to enter text. 3.10 Does the application provide an audit log of user activity? 1f yes, please explain: ® Yes ❑ No Notes Login attemtps/completions are logged in a database table. Also, each time row of data is modified an audit of the change is recorded along with the userid of tIIle user that made the change. 3.11 Is Microsoft file and print sharing required? ® Yes ❑ No Notes In order to print documents, the computer must be attached to a local or netwlork printer. 4. Teleworking 4.1 Has the application been tested and successfully used for teleworkers? Yes No Notes The application connects to the Application Server over the Internet, so a uset may use an authorized computer anywhere there is intemet access. 4.2 Provide details related to bandwidth usage Data is chunked an compressed and encrypted, so bandwidth is minimal. is Microsoft file and print sharing required? ® Yes ❑ No Notes In order to print documents a local or network printer needs to be attached. CDAC RFP Bid Response Page 16 S. Maintenance and Support 5.1 What is the procedure for patching the Operating System NA 5.2 What is the procedure for patching the vendor developed applications The application utilizes Microsoft Click Once distribution. When the applic lion starts it automatically checks for a newer version and downloads it. 5.3 Do you have a scheduled release cycle for security updates? NA 5.4 What is the procedure for patching 3r° party components (1E: Apache, Oracle, MSS L, Java, .NET etc.) NA 5.5 What is the vendors preferred method of accessing systems for support ❑ VPN ® Vendor Hosted WebEx Other We use GoToMeetings for client machine access by our help desk for support issues. 6. Database - Microsoft SQL Server 6.1 What versions of SQL Server are supported? Our hosted database is Microsoft SQL Server 2012. 6.2 Do you require Report Services? ❑ Yes CDAC RFP Bid Response Page 17 ® No 6.3 Are any other components required? Only those listed above. 6.4 Which Network Libraries are required? 0 TCP/IP ❑ Named Pipes ❑ Shared Memory 6.5 What is the recommended recovery model for the databases? ® Full o Log Shipping ❑ Simple Notes Click here to enter text. 6.6 How does the client connect to the SQL Server database? ® Web Based ❑ SQL ❑ ODBC Other Click here to enter text. 6.7 It running TCP/IP, can SQL server be run on a non-standard port? ❑ Yes ❑ No Notes NA 6.8 Do you support Windows Only Authentication Mode? ❑ Yes ❑ No Notes NA 6.9 Which SPECIFIC SQL Server roles server rights etc are required? NA 6.10 Is the application coded to use the SA account? ❑ Yes Page 18 CDAC RFP Bid Response No Notes Click here to enter test. CDAC RFP Bid Response Page 19 7. Database - Oracle 7.1 What versions of Oracle Server are supported? NA 7.2 What additional database 'components' are required? Application Server HTTP Server, C++ Call Interface, , OLAP OCI C++ Call Interface J DBC/OCI Interfaces OLAP Other Click here to enter text. Notes NA 7.3 How does the client connect to the Oracle database? Web Based SQL*Net? ODBC Other Click here to enter text. Notes NA 7.4 Can the Oracle listener run on a non-standard port? Yes ❑ No Notes NA 7.5 Does the application use the SYS account ❑ Yes ❑ No Notes NA 7.6 What rights does the application need within the database NA CDAC RFP Bid Response Page 20 8. Database - Other 8.1 What type of database is required? None. 8.2 What versions of the database are supported? NA 8.3 How does the client access the database? ❑ ODBC ❑ Client Driver ❑ Web Based Other NA 9. Data Classification 9.1 Does the application store any sensitive data? (IE: Personal Information, HIPPA, or Financial) Yes No If, Yes Victim/Witness names and addresses, pre -filing charges, Defendant information, please other prosecution type data. explain 9.2 Is any sensitive data stored in or accessible from a public facing system? Yes No If, Yes Action Viewer is a web based system that is accessed via the intemet. Security is in please place to only allow authorized users that are using an authorized computer t'p access explain the web site. 9.3 Is sensitive data encrypted? ® Yes ❑ No If, Yes HTTPS CDAC RFP Bid Response Page 21 how? 9.4 Is sensitive data transmitted over the internal network? ® Yes ❑ No Explain Documents are stored on the District Attorney's storage device which will be located on an internal network. 9.5 Is sensitive data transmitted over the Internet? ® Yes ❑ No Explain it is encrypted. 10. Web 10.1 Please identify all web servers and components required by the application NA 10.2 Which version of the applications listed above are tested and supported? NA 10.3 What server side scripting technologies are requires (IE: ASP.net, CGI, Java, PHP etc.) ❑ ASP.Net ❑ CGI El JSP ❑ ColdFusion Other Click here to enter text. Notes NA 10.4 What web server components are required by the application (EX: Apache Modules, HS Components) CDAC RFP Bid Response Page 22 NA 10.5 How is web server authentication handled ❑ Anonymous ❑ Basic ❑ Digest ❑ Integrated Windows Authentication Other Click here to enter text. Notes NA CDAC RFP Bid Response Page 23 11. Network 11.1 Does this application need to be publicly accessible (Public segments must reside In DMZ)? ❑ Yes ❑ No If yes, NA Please explain Does the Application require the ability to relay mail off of our mail servers? ❑ Yes ® No If yes, Click here to enter text. Please explain 11.2 What protocols are used by the application (IE: HTTP, HTTPS, SMTP, FTP etc.)? HTTPS 11.3 Can these ports be configured to use non-standard port numbers? No 11.4 Please provide a diagram of the applications network communications, to include servers, web, ports, etc. 12. GIS 12.1 Does this application require any mapping support? CDAC RFP Bid Response Page 24 ❑ Yes ® No if yes, Click here to enter text. Please explain 12.2 Does this application use GPS? ❑ Yes ® No If yes, Click here to enter text. Please explain 12.3 Does this application require integration with land databases? ❑ Yes ® No If yes, Click here to enter text. Please explain 12.4 Does this application use a web mapping service? ❑ Yes ® No If yes, Click here to enter text. Please explain 12.5 Does this application use Google Earth or Microsoft Virtual Earth? ❑ Yes ® No If yes, Click here to enter text. Please explain 13. Additional Comments or Documentation 13.1 Please enter any additional documentation or comments here Click here to enter text. CDAC RFP Bid Response Page 25 Hardware Solutions Response Introduction This document is intended to assist the Weld County IT department in collecting a standard set c,f required information related to hardware solutions for new projects. Please fill out the pertinent sections of this workbook and return to your ACS point of contact. Note: All applications may be subject to a security review before the application is allowed to enter production. Hardware Solutions Response 1.1. Hardware Solutions 1.1.1. Provide a Network Diagram, all firewall requirements, and all server requirements necessary to get the best results and response times. The application uses HTTP on port 80 and HTTPS on port 443 over the irternet. These ports must be open. As all data is routed over the internet, the fas r the Internet conned the DA's office has, the faster the application will respon . 1.1.2. Provide list of Server and other Hardware Requirements to make this solution work • Vendor is required to provide Hardware recommendations to allow for rapid searclti retrieval of documents and The ACTION system runs as a 3 -tier solution. with CDAC hosting the Database Server and Application Server. Each DA user will require a Windows base computer to install the client side program. Internet Explorer is required fqr the web based portion. Hardware recommendations for document storage wili he made at a later' date after a thorough examination of the current network and infrastructure in the nA's office. The ACTION Electronic Filing Cabinet is designed to use any NAS or sAth system, either local or cloud based. Therefore we would need to understand the DA's budget and security model in order to recommend a storage device setup. 1.1.3. Chosen vendor will be required to complete the Weld County Pre -Project Security Workbook which will be sent softcopy to interested parties. • If a vendor can't meet the security workbook requirements, they will not be considered for this project and another vendor will be selected. I CDAC will complete the Weld County Pre -Project Security Workbook. CDAC RFP Bid Response Page 26 Competitive Analysis Response Introduction This document is intended to assist the Weld County IT department in collecting a standard set of required information related to competitive analysis for new projects. Please fill out the pertinent sections of this workbook and return to your ACS point of contact. Note: All applications may be subject to a security review before the application is allowed to enter production. Competitive Analysis 1.2. 1.1.1.Describe what generally differentiates you from your key competitors. We have over 25 years of Colorado District Attorney case management experience. system was designed by actual District Attorney users in Colorado specifically for Colorado prosecution. We have a direct interface to CICJIS that has been in production use 14 years. We created and maintain the State Wide Law table that prosecutors anc Judicial use to file charges. We are a non-profit with no sales/marketing department can charge less for enhancements and maintenance. Our for over State so we 1.1.2.Describe your market share in the Prosecution/District Attorney Case Management space. IThe ACTION system is in use by 73% of the District Attorney offices in Colorado (16 of 22). We house District Attorney data for all District Attorney offices in Colorado. Action iViewer is in use by 90% of the District Attorney offices in Colorado (20 of 22). 1.1.3.Describe the enhancement process for your solution Enhancement requests are sent to CDAC where they are sent through requiremen, s gathering, design, code, test, and implementation steps. Implementation is via an Upgrade to the client software utilizing Microsoft Click Once that automatically downloads the latest version of the software to the client machine. CDAC REP Bid Response Page 27 Functional Requirements Response Introduction This document is intended to assist the Weld County IT department in collecting a standard set f required information related to functional requirements for new projects. Please fill out the pertin nt sections of this workbook and return to your ACS point of contact. Note: All applications may be subject to a security review before the application is allowed to en production. User Experience er 1.3. Client User Interface 1.3.1.Users can easily navigate and perform their primary job tasks with little -to -no training and intuitive ribbon -style toolbars, tabs, and easy access features that are based on the familiar and feel of Microsoft Office products. with look IThe DA users in District 19 currently use the ACTION Case Management System, only training that will occur will be on the additional functionality added. ACTION is on the Microsoft Office Outlook design paradigm. so the based 1.3.2.Client provides the capabilities for users themselves to personalize the user experience personalized home page that opens to personal workflow lifecycles, stored favorite retrievals, etc.). e.g., IWith the addition of the Work Flow module, users will be able to view personal wordlow lifecycles. Also, with the addition of the Dashboard, users will be able to choose from customized reports for display. 1.3.3.Client provides ability to display the document being indexed in a preview pane during the indexing process. IThe indexing process takes place "behind the scenes". However, the document m$y viewed while this process is being performed. be 1.3.4.Client provides the ability to import files IThe Electronic Filing cabinet allows users to import files using drag -and -drop or Windows Explorer type functionality. 1.4. Web Client Interface 1.4.1.Solution offers the full feature set of a client -based solution through a web deployable interface (i.e., rich internet application). CDAC RFP Bid Response Page 28 1.3. Client User Interface IOur web client offers full read access to the case data. Due to security concerns of a web client on the open internet, no data entry is allowed. running 1.4.2.Solution offers full support for Internet Explorer and Safari. IAction Viewer runs on both Internet Explorer and Safari. 1.5. Search Experience 1.5.1.Solution provides advanced full text search capabilities that include wild card, and SOUNDEX. DefendantNictim/Witness searches offer wild card type searches as well as using SOUNDEX for all names. For the additional Document Imaging, full text searches available. a will be 1.6. Offline Client Experience 1.6.1.Describe the capabilities you have for an offline/mobile worker (e.g., access documental complete forms, synchronization). n, Currently the user must have internet connectivity to run the programs. 1.7. Mobile Devices 1.7.1.Solution provides natively built interfaces to standard mobile devices — iPad and iPhone. IOur solution currently does not have a natively built interface to mobile devices. Capture and Image Management 1.8. Capture 1.8.1.Describe the breadth of your solution's capture and management solutions. CDAC RFP Bid Response Page 29 The new capture and image management solutions will have: Allow a scanner to be connected to a computer running ACTION, and have ACTION control the scanner, bringing the scanned images into the ACTION Filing Cabinet associated with the appropriate case. The scanning process will allow: • A paper document/picture/etc... to be scanned and the im ge captured and stored in the ACTION Filing Cabinet. • The resultant image should be marked in such a way as to of allow manipulation. If manipulated, there needs to be a way to determine this. • The PDF format is an option, but the size of the image stor is a concern. Currently the images are stored in the TIFF forma with roughly 8 million images. The DA's office is currently recei ing many electronic submissions in PDF format. • Images should allow for redaction by the DA staff. • Documents should be OCR'ed (Optical Character Recognition) and Indexed for searching purposes. • A method to allow Meta data about the document to be entered and searched should be made available to the user. 1.8.2.Describe your ability to integrate with work flow. IThe new work flow will allow images to be loaded into the Action eFiling Cabinet when the work flow task calls for it. 1.9. Indexing 1.9.1.Describe the indexing capabilities available within your solution. Indexing and OCR capabilities will be part of the Document Imaging component. I 1.10. Electronic Signature 1.10.1. Describe the native ability to associate an electronic signature with an event managed solution. by your Currently documents produced by Action automatically incorporate the electronic signature of the filing attorney. 1.11. Configuration 1.11.1. Describe the out -of -the -box configurable options related to your solution's scanning interface. CDAC RFP Bid Response Page 30 These options have not been fully defined as of this writing. 1.12. Scalabtlity 1.13. Describe the features that enable your system to scale for high -volume imaging applicdtions. These options have not been fully defined as of this writing. Business Process Management & Workflow 1.14. Decision Making 1.14.1. Solution provides the ability to perform parallel processing by automatically routing a single document through multiple business processes simultaneously and allowing multiple use access and work on the same document. s to The system does allow multiple users to access the same documents simultaneously. 1.15. Integration 1.15.1. Solution provides the ability to present and access workflow from these locations: • iPad • iPhone • Standard Client • Outlook • Web Client Check all that apply and include requested screen shots: ❑ iPad • iPhone E0 Standard Client ■ Outlook CA Web Client Accomplished out -of -the -box or through a productized offering. CDAC RFP Bid Response Page 31 IClick here to enter text. 1.16. Business Activity Monitoring 1.16.1. Solution provides a native, configurable workflow dashboard to monitor, in real time, the workload of end users. Yes, the work load of end users is able to be monitored in real time. 1.17. Reporting 1.17.1. Please describe your solution's pre -configured and ad hoc reports. We currently have over 100 reports that accept variable input parameters that allow to be customized per user. Ad hoc reporting is accomplished by our staff on an as basis. them needed Records Management 1.18. Records Management 1.18.1. Describe your records management solution. IThe ACTION system is a robust records management solution that includes a native interface to CICJIS. It is currently used by 17 DA offices in Colorado and has been in those offices for 5 years. running 1.18.2. Solution allows for multiple documents to be grouped together and treated by the system single record, with a single retention plan. as a IDistrict Attorney case documents must be retained with the case for a set period of The system will group these documents and treat them with a single retention period. time. 1.18.3. Solution provides the ability for documents to be dragged and dropped into a record (folder documents) and have the new documents automatically inherit the records management of policy. IYes, the functionality will be present. 1.19. Record Types CDAC RFP Bid Response Page 32 1.19,1. Solution allows users to capture, declare, and store electronic records (documents) in their native formats, including e-mail, electronic forms, physical items, images, text files, and 9ffice documents. Yes, the eFiling Cabinet allows any type of electronic file to be stored within it. Auditing & Reporting 1.20. Auditing 1.20.1. Solution provides the ability to access a field -level audit trail. A field level audit trail is stored in a separate SQL Server database for the Action system. 1.20.2. Describe what is natively tracked in your out -of -the -box audit trail. Every change that occurs in the database (Insert, Update, Delete) is tracked by the system. 1.20.3. Solution allows a system administrator to perform an ad hoc audit on system -related a4tivities from within the client (e.g., identification of all documents accessed by a recently released employee). IThe eFiling cabinet will provide this functionality by the end of the contract. 1.20.4. Solution allows an administrator to create custom audit log entries tied to workflow proc the purpose of generating business process reports. ress for IThe work flow component will track each step in the flow, allowing reports to be rur these audit log entries. from 1.21. Reporting 1.21.1. The ability to export to Excel. The system uses SSRS reports, which can be exported to Excel. 1.21.2. The ability to Write Crystal Reports. IThe system utilizes Microsoft SQL Server, which Crystal Reports is able to conned to. CDAC RFP Bid Response Page 33 Technical Requirements Response Introduction This document is intended to assist the Weld County IT department in collecting a standard set f required information related to technical requirements for new projects. Please fill out the pertin t sections of this workbook and return to your ACS point of contact. Note: All applications may be subject to a security review before the application is allowed to en r production. Configuration 1.22. System Configuration 1.22.1. Describe the system configuration. i The system is a 3 tier Microsoft based system consisting of a Microsoft SQL Server database, an Application Server, and a Microsoft Windows WinForm front end GUI The system is configured with the local users and other local data including court information, law enforcement officers, agency information and other specific data related to the nstalled location. Infrastructure 1.23. Database 1.23.1. The database architecture supports multi -vendor platforms, specifically Microsoft SQL Oracle. and The database is a Microsoft SQL Server. 1.24. Virtuailzation 1.24.1. Describe your solution's support for virtualization. IInternally, we run our database on a VMWare solution. We have one client that utilizes a desktop virtualization product to run the Action software. CDAC RFP Bid Response Page 34 Security Administration 1.25. Security 1.25.1. Describe the depth and breadth of your system's security methodology (rights and priv including system's ability to assign security at each of the following levels: • User groups • Users • Document Type Groups • Document Types • Index Values • Folders • Notes • Workflow • Import Processors • Scan Queues leges), I . The system uses "User" and "User Roles" for security. Most of the security is baseld on User Roles being able to view/edit certain data in the system. This includes the ability to view/edit all of the data, or a subset of the data for various roles. The documents are currently set to either full access or no access. This can be modified if the need arises. 1.28. Encryption 1.26.1. Describe your solution's encryption capabilities. IAll data that is sent and received over the network is encrypted between the application server and the client if necessary. the documentslimages can also be encrypted before storing. 1.27. PCI Compliance 1.27.1. Describe how your system manages highly -sensitive information (I.e., payment card information), adhering to the PCI compliance standard. IAll data is considered to he highly -sensitive. It is encrypted while moving across networks between the Application Server and the client. We store the data in a secure server room. Storage 1.28. Storage Options 1.28.1. Describe the document storage solution. CDAC RFP Bid Response Page 35 i Scalability The document storage solution allows documents to be saved via a network path or a URL. This allows the storage to be located anywhere the client chooses including SAN/NAS solutions or Cloud solutions. 1.29. Scalability 1.29.1. Describe how your solution scales in terms of users and documents. Users are controlled via a SQL Server table and can therefore accommodate a ve number of users. Each client is attached to the Application Server via a secure htt connection. The Application Server is run on IIS which can be configured on multi servers. Documents are stored on network servers or cloud servers whose only li is the size of the storage. large s le nation Licensing 1.30. Licensing Flexibility 1.30.1. Primary client access licenses enable a user to access the system either over the web desktop. A client license is not bound to either web -based access or desktop (thick clien access. or via a ) The system is licensed as a whole, with no limit on client access. 1.31. Environment Licensing 1.31.1. Describe additional test and development environments provided. What are the costs license these environments — both software and maintenance? .o IAs we own the software, we take care of all test and development environments. There no additional fee for these. is CDAC RFP Bid Response Page 36 EXHIBIT I (J Statement of Work and Pricing CDAC will design, code, test, and implement the requirements as outlined in the "Point -by -point RFP Response" section. CDAC will follow the schedule listed below, and also adhere to the cost estimates of each phase. It is possible the certain phases will be completed ahead of schedule. Any deviation from the schedule listed below will be communicated to the appropriate personnel within the DA's office with enough lead time to accommodate training of DA staff. Project Plan: Following is the proposed project plan. Phase Requirement Completion Cost 1 Electronic Subpoenas to law Enforcement Feb. 28, 2013 $12,300 2 Court Events to Outlook March 8, 2013 $12,300 3 Electronic File Storage May 31, 2013 $19,300 4 Document Templates in Microsoft Word Format: Creation of new documents will begin in January. June 14, 2013 $0 5 Document Imaging July 11, 2013 $24,300 6 Work Flow Nov 1, 2013 $67,800 7 Electronic Discovery Feb 7, 2014 $43,500 8 Dashboard to Display User Defined Reports Feb 7, 2014 $13,200 9 Unified Name Search Feb 24, 2014 $7,300 10 Document Conversion Feb 24, 2014 $0 Total $200,000 EXHIBIT I b EXHIBIT D Maintenance Services and Fees Council agrees to provide ongoing support and maintenance for the Software to the office of the Weld County District Attorney (for the benefit of BOCC) without further payment or other consideration as long as the Weld County District Attorney is a Council member. WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: mwaltersco.weld.co.us E-mail: reverett(o�co.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: OCTOBER 22nd, 2012 REQUEST FOR: CASE MGMT SYSTEM FOR THE D.A. OFFICE DEPARTMENT: D.A. — bid done by ACS BID NO: #B1200134 APPROVED ON FRIDAY, JANUARY 4T", 2013 VENDOR COLO. DISTRICT ATTORNEY'S COUNCIL 1580 LOGAN STREET SUITE #420 DENVER CO 80203 NEW DAWN TECHNOLOGIES 843 S 100 W LOGAN UT 84321 KARPEL SOLUTIONS INC 5714 S LINDBERGH BLVD ST LOUIS MO 63123 COURTVIEW JUSTICE SOLUTIONS 5399 LAUBY ROAD NORTH CANTON OH 44720 CSI TECHNOLOGY GROUP 330 MAC LANE KEASBEY NJ 08832 SUSTAIN TECHNOLOGIES INC 915 EAST FIRST STREET LOS ANGELES CA 90012 SOFTWARE NAME TOTAL PRICE ACTION $200,000.00 **chgd from $225,000.00** JUSTWARE $229,235.00 PBK $350,550.00 JWORKS $364,108.00 INFOSHARE SELECT $500,000.00 SUSTAIN ECOURT $142,000.00 IT WAS THE DECISION OF THE GOVERNANCE BOARD, INFORMATION SERVICES/ACS, AND THE DISTRICT ATTORNEY'S OFFICE TO AWARD THE BID FOR THE DA CASE MGMT SYSTEM TO THE LOW BIDDER, COLO DISTRICT ATTORNEY'S OFFICE, IN THE AMOUNT OF $200,000.00. WELD COUNTY COLORADO BY: MONICA MIKA DIRECTOR OF FINANCE & ADMINISTRATION WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: mwaltersCa�co.weld.co.us E-mail: reverettco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: OCTOBER 22nd, 2012 REQUEST FOR: CASE MGMT SYSTEM FOR THE D.A. OFFICE DEPARTMENT: D.A. — bid done by ACS BID NO: #61200134 Will be presented to the Governance Board on 10/24/12 VENDOR COLO. DISTRICT ATTORNEY'S COUNCIL 1580 LOGAN STREET SUITE #420 DENVER CO 80203 NEW DAWN TECHNOLOGIES 843 S 100 W LOGAN UT 84321 KARPEL SOLUTIONS INC 5714 S LINDBERGH BLVD ST LOUIS MO 63123 COURTVIEW JUSTICE SOLUTIONS 5399 LAUBY ROAD NORTH CANTON OH 44720 CSI TECHNOLOGY GROUP 330 MAC LANE KEASBEY NJ 08832 SUSTAIN TECHNOLOGIES INC 915 EAST FIRST STREET LOS ANGELES CA 90012 SOFTWARE NAME ACTION JUSTWARE PBK JWORKS ???? ECOURT TOTAL PRICE $225,000.00 $229,235.00 $350,550.00 $364,108.00 $500,000.00 'nemm Comments Disqualified because they did not participate in the Pre -Bid meeting and did not fill out requested templates. vera Score CO r N 4') 3231 0 0 N N 1- N- f— r to M CO .IopueA ICDAC U) (New Dawn ICourtView (Sustain Technologies ICS( Technology Group Global Vision Technology Q nil DA Case Management Summary Initial Costs Maintenance 5 -year Costs Total Score CDAC $225,000 $0 5 year cost - $225K + server and storage 723 Karpel $350,550 + optional costs (.i.e Spillman interface $38,850 / year 5 year cost - $505,950 + optional costs + server and storage 721 New Dawn $229,235 + interface costs (114K — 289K) $88,000 / year 5 year cost - $785,235 + server and storage 572 CourtView $364,108 $42,810 / year Maintenance cost years 2-5-$171,240 375 Sustain Technologies $142K $111K / year 5 year cost - $692K + support calls 323 CSI Technology Group $500,000 $300,000 Maintenance cost for years 2 — 5 310 Global Vision Technology Disqualified Disqualified Disqualified 0 Hello