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Home My WebLink About20101439.tiff RESOLUTION RE: APPROVE CONTRACT AMENDMENT #1 TO PURCHASE OF SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -ACS GOVERNMENT SYSTEMS, INC. WHEREAS, the Board of County Commissioners of Weld 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 Contract Amendment#1 to the Purchase of Service Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,and ACS Government Systems, Inc.,commencing January 1, 2009, and ending December 31, 2016, with further terms and conditions being as stated in said amendment, and WHEREAS,after review,the Board deems it advisable to approve said amendment, 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 Contract Amendment#1 to the Purchase of Service Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and ACS Government Systems, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of July, A.D., 2010, nunc pro tunc January 1, 2009. BOARD OF COUNTY COMMISSIONERS LD COUNTY, C LORADO ATTEST: ` ,.S S& • - see ,v, ougla "a•ema r, Chair Weld County Clerk to the -�1- . 0411/42� J ' XCUSED . * /Barbara KirkmeyeQr, Pro-Tem BY:Ala. , r ji‘ ,:. .?.>/ -,------- Deputy Clerk the Board 4 Sean P.&op way ` J (APP AST • ( / William F. Garcia y ttorney EXCUSED David E. Long Date of signature: 0?/4,0 U.-t. AC-5 2010-1439 f Drtct k Ms��n +G, --1-a-$-1O DP0015 CONTRACT AMENDMENT No. 1 THIS CONTRACT AMENDMENT No. 1 (hereinafter the "Amendment") is made, and entered into this 7th day of July, 2010 (the "Amendment Effective Date"), by and between the Weld County Board of County Commissioners, located at 915 10th Street, Greeley, CO 80631 ("Client") and ACS Government Systems, Inc., located at 8260 Willow Oaks Corporate Drive, Fairfax, VA 22031 ("ACS"), referred to individually as Party and collectively as Parties. WITNESSETH: WHEREAS, the Parties have entered into a Purchase of Service Agreement (the "Agreement") dated January 1, 2008, whereby ACS provides Client with a wide array of information technology services, and WHEREAS, the Agreement between the Parties does not currently call for ACS to provide support to the Weld County Regional Communications Center ("Center"), located within Weld County, and WHEREAS, the scope of work in the Agreement between the Parties does not currently contemplate for ACS to support the Center's public safety network, which includes components for Computer-Aided Dispatch, Records Management System, Law(DA/Courts Interface- Civil Process), Mug Shot, Paramedic Billing Interface, and Jail Automated System (referred to collectively herein as "Public Safety Network"), and WHEREAS, the hardware and software that comprises the Public Safety Network are in need of maintenance and ongoing support, and WHEREAS, ACS has the capacity to perform said services in accordance with the terms of this Amendment. NOW, THEREFORE, CLIENT AND ACS agree as follows: 1. Additional Services. The Scope of Information Technology Services contained in Exhibit 1 of the Agreement is hereby amended to add a new Section "X," entitled, "Center Support Services" (hereinafter the "Additional Services"). A detailed description of the Additional Services is contained in Schedule A of this Amendment (entitled, "Scope of Additional Services"). Client understands and acknowledges that the Additional Services shall be provided on a best efforts basis, using reasonable professional care and standards, and that ACS makes no warranties, representations, promises or guarantees in connection the work or level of support to be provided. For the purposes of this Amendment, the term "support" shall mean the activity of providing support of the Public Safety Information System and all hardware and software associated with that system, based upon the staffing, hardware and software assumptions specified in this Amendment. Weld County/ACS 12010-1439 2. Additional Equipment and Software. The Hardware and Software List contained in Exhibit 2 of the Agreement is hereby amended to add a new Section entitled, "Additional Hardware and Software." A detailed description of the Additional Hardware and Software is contained in Schedule B of this Amendment (also entitled, "Additional Hardware and Software"). Pursuant to Section 2.1 of the Agreement, all service or maintenance contracts relating to the Additional Hardware and Software shall be the financial responsibility of the Client. If such service or maintenance agreements are not commercially available (due to factors such as equipment end-of-life or other similar reasons), Client shall be responsible for the costs incurred to replace the equipment and software. 3. Pricing Terms. All fees associated with the Additional Services are outlined in Schedule C of this Amendment (entitled, "Fees for Additional Services"). The Additional Services shall be provided on a fixed fee basis, and all payment terms associated with the Additional Services are specified in Schedule C. 4. Transitioned Personnel. "Transitioned Personnel" means personnel (other than Client employees) engaged in performing the Additional Services immediately prior to the Amendment Effective Date and who are offered and accept employment with ACS in order to continue to support Client. ACS' offer of employment to such personnel shall be in accordance with competitive market rates and terms for individuals possessing the skills, experience and qualifications of the personnel to be transitioned. The Transitioned Personnel are identified as such in Schedule D of this Amendment (entitled, "Transitioned Personnel"). During the first ninety (90) days following the Amendment Effective Date, ACS may not, without Client's prior written approval: (i)terminate, except for cause, the employment of any Transitioned Personnel; or (ii) transfer or reassign any Transitioned Personnel from Client's account. 5. Other Terms and Conditions. All other terms and conditions set forth in the Agreement between the Parties are unchanged and remain in full effect. Weld County/ACS 2 Amendment No. I IN WITNESS WHEREOF, CLIENT and ACS have caused this Amendment to be signed by their duly authorized officers on the day and year first set forth hereinabove. CLERK OF THE BOARD .11.1 E r BOARD OF COUNTY Bruce T. Barker '> COMMISSIONERS OF WELD COUNTY, COLORADO A By:/� �i1di .Ilj�a_ji�:�/�� ` .� Byc�-?x,� o .v..nQoL .r Deputy 'erk to them f/�� DoGglas Rademacher, Chairman JUL 0 7 2010 ACS GOVERNMENT SYSTEMS, INC. Bia7tAd,rx_e_ Name: Anita Se ams Title: Executive Account Manager Weld County/ACS 3 Amendment No. 1 0%10/0—/9,99 Schedule A Scope of Additional Services X. WELD COUNTY REGIONAL COMMUNICATIONS CENTER SUPPORT SERVICES 1. GENERAL. ACS shall, as more specifically described in this Schedule A, operate and manage the Weld County Regional Communications Center ("Center") computing environments set forth in Schedule B. ACS shall provide personnel for the overall management and operation of the above identified Client's operations, and management support of specific projects that may change from time to time based on Client business needs, and as mutually agreed to by the Parties. The services specified in this Amendment shall commence on the earlier of: (i) October 1, 2010, or (ii) the date the new software is selected and a contract to purchase is signed and shall be in effect for a period of eighteen (18) months thereafter, and may be extended for one (1) additional ninety (90) days term following the end of the eighteen (18) month period, if necessary, to ensure continuity of service. 2. ACCOUNT MANAGEMENT AND STAFFING. A. Account Management. In accordance with the Agreement, ACS has designated a full-time contract services manager ("Account Manager") to manage the delivery of all services under the Agreement and to provide a primary contact point for Client. Management of the support for the Center shall report directly to the Account Manager, who has responsibility for the day-to-day operations and client communications. Client shall have two Client Contract Administrators for the purpose of administering from the Client standpoint the performance contemplated in this Agreement. The Chief of Police of the Greeley Police Department, or his designee when the Chief is absent, shall be the Client Contract Administrator for the Computer-Aided Dispatch and Records Management System components of the Public Safety Network. The Client Contract Administrator for Law (DA/Courts Interface - Civil Process), Mug Shot, Paramedic Billing Interface, and Jail Automated System components of the Public Safety Network shall be the same person in that position as referred to in Section 16 of the Agreement. B. Staffing. ACS shall provide a total of six (6) additional staff in the following areas: two (2) functional support; one (1) network technician; one (1) systems administrator; one (1) MSAG Coordinator; and one (1) desktop technician. All work described herein shall be performed on a best efforts basis, using the staffing assumptions set forth in this paragraph. Weld County/ACS 4 Amendment No. I C. Management Oversight. The Client shall create a Public Safety Information System Users Group ("Users Group") to oversee the support of the Public Safety Network. The Users Group shall consist of eight (8) voting members and two (2) ex-officio non-voting members. The voting members include an elected official or department head from each of the participating Public Safety organizations: Greeley Police Department Records, Greeley Police Department Dispatch, Union Colony Fire Rescue Authority/Greeley fire Department, Weld County Sheriffs Office, Weld County District Attorney's Office, Weld County Paramedics, Weld County Fire Chiefs Association (non-City member), and Weld County Police Chiefs Association (non-City member). The ex officio non-voting members are the ACS Information Services Executive Director and the Greeley Chief Information Officer. The ACS Account Manager shall meet with the Client Contract Administrators regularly to review ACS' delivery performance, the status of day- to-day operations, issues requiring resolution, and upcoming priorities and plans. 3. INFORMATION TECHNOLOGY DELIVERY SERVICES. In addition to the Management Services described above, ACS agrees to provide information technology services to Client in the following two (2) areas: • Application Support • Technical Services 4. APPLICATION SUPPORT. ACS shall provide Services required to manage designated Client applications set forth in Schedule B of the Amendment. These Services shall include management of the Tiburon environment while a replacement/upgrade strategy is developed, accepted, funded and executed by the Client and ACS. ACS shall perform application support activities in accordance with the terms of the Agreement. 5. TECHNICAL SERVICES. ACS shall provide technical support services (either on site or remotely) for the systems listed in Schedule B. This support shall be provided in accordance with the terms of the Agreement. Weld County/ACS 5 Amendment No. I 6. CLIENT AND ACS RESPONSIBILITIES. In addition to all other responsibilities of Client and ACS set forth herein and in the Agreement, Client and ACS shall be responsible as follows: • The Client Contract Administrators, or their designees, shall notify ACS' designated contact immediately upon discovery of system failures. Upon notification, ACS shall apply commercially reasonable efforts to remedy the system failures in a prompt and expeditious manner, taking into account the resource levels assumed in the Agreement. The term, "commercially reasonable efforts," as used herein, means acting in good faith according to commonly accepted commercial practices. • The Client Contract Administrators shall review and shall have the authority to approve or disapprove all proposed hardware and software configurations proposed by ACS, with respect to the components of the Public Safety Network of which they are responsible for, including the timing for installation of any approved hardware and software configurations. It is understood that Client shall be responsible for the costs associated with any approved and purchased new hardware or software. In addition, the Client Contract Administrators, with respect to the components of the Public Safety Network of which they are responsible for, shall review and shall have the authority to approve or disapprove all license agreements for software procured by ACS for the benefit of the Client. If Client disapproves the licensing terms, ACS shall not be required to purchase the software. • The Client Contract Administrators, or their designees, shall, with respect to the components of the Public Safety Network of which they are responsible for, participate in testing and approving of upgrades performed by ACS. • Client personnel shall not attempt any repair or maintenance on systems while these systems are under the purview of this Agreement, unless previously agreed to in writing by ACS as part of normal operator maintenance responsibilities. • Client shall not make or allow any person other than ACS' maintenance personnel (or authorized third parties) to make any adjustment, repair, or maintenance of the equipment or to relocate, modify, change, or connect said equipment to other equipment or devices supplied by any person other than ACS without the prior written permission of ACS. • Client personnel shall be available for reasonable consultation and to answer pertinent questions of a high priority basis. • Client shall have the authority to approve and, if necessary fund within the approved budget, critical hardware and software upgrades and refreshes recommended by ACS, including upgrades required to ensure system performance optimizations. Weld County/ACS 6 Amendment No. I Schedule B Additional Hardware and Software Police MDTs 246 Fire/Ambulance MDTs 50 Servers 19 Network Devices 19 Wireless APs 6 Tiburon Tiburon WebQuery Tiburon Mug shots Alertify paging Maverick Mapping VINE Intellinectics APS Penlink (applications on Servercheck) Crystal reports ProQA Aqua CCIC/NCIC access Tenprinter(DBI) AIS Extraction to Fire Manager Web services to State Judicial Extract Greeley Municipal Court Wells Fargo Positive Pay interface Wells Fargo check write off interface Dataradio NIBRS extract to CCIC Zoll to Tiburon interface Keefe Commissary/Jail Commerce Jail billing Prop Room IVR System Weld County/ACS 7 Amendment No. I Schedule C Fees for Additional Services All work under this Amendment shall be performed on a fixed-fee basis. The annual fee for the Additional Services shall be $522,000, and the monthly invoiced amount for 2010 shall be $43,500, which includes costs for short term employee support the first year. The first payment may be prorated for the portion of the month the services applied. Annual fee increases shall apply January of each year, consistent with Agreement. Weld County/ACS 8 Amendment No. 1 Schedule D Transitioned Personnel Client shall provide timely notification to ACS of the names of the individuals to whom Client recommends that ACS offer employment for performance of the Additional Services. ACS will make such offers of employment for qualified employees within five (5) business days of such notice, and such offers shall: (a) contain a date certain by which the candidate must accept the offer, and (b) be contingent on the potential Transitioned Personnel meeting ACS' employment eligibility requirements, including any applicable background checks. All hires shall be consistent with ACS policies and procedures for new hires. ACS shall provide Client, where reasonably possible taking into account current ACS personnel policies (e.g., two week notice of resignation as of the Effective Date) at least thirty (30) days written notice prior to the effective date of termination of those Transitioned Personnel, but in any event shall notify Client of a resignation of a Transitioned Personnel immediately upon learning of such resignation. Client or its designee shall have the right to rehire any Transitioned Personnel that is terminated for any reason. Weld County/ACS 9 Amendment No. I Hello