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HomeMy WebLinkAbout20240868.tiffCu-O-vaci--10lietqSS BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: SambaSafety Contract Agreement Extension DEPARTMENT: Human Resources PERSON REQUESTING: Kelly Leffler, Jill Scott DATE: 10/8/25 Brief description of the problem/issue: The SambaSafety contract, which is the vendor we use for the Motor Vehicle Record Monitoring Program, is expiring, and we would like to extend the contract to maintain the program. The agreement to extend the contract is attached, along with an updated exhibit showing the 2026 pricing, going into effect 12/1/25, and the reduction in drivers from 1,200 to 900. The reduction in drivers is due to the Sheriff's Office and the District Attorney's Office opting out of the program. What options exist for the Board? The BOCC can approve to move forward with the amendment to extend the SambaSafety contract to maintain the continual MVR monitoring program, or the BOCC and not approve the amendment. Consequences: If the agreement is not approved, then the county will no longer have a continual motor vehicle record monitoring platform and will not have knowledge of the driving history of our employees or the ability to provide on -demand training. Impacts: The motor vehicle record monitoring program positively impacts our efforts in mitigating risk by assuring we have qualified drivers operating vehicles and equipment while representing Weld County. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The cost for 2026 is $67,500 and has been requested in the Safety and Wellness budget. Recommendation: It is recommended that the BOCC approve moving forward with the Agreement Extension between Weld County and SambaSafety. Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: coo. (0/15/25 Cc; 6n 0,V C k, -R) 2024—b �S P u/I 3// 2S 1 �0 Docusign Envelope ID: A0B63F97-89A7-4861-81 BB-BD782B16F659 k,tJly , I mt. I r,,urtctivmNT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN RESOURCES ' AND SAFETY HOLDINGS INC., DBA SAMABASAFETY This Agreement Extension/Renewal ("Renewal"), made and entered into 15th day of October 2025 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Resources, hereinafter referred to as the "Department", and Safety Holdings Inc.. dba SambaSafety, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2024-0868approved on October 16th, 2024. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on October 15, 2025. • The parties agree to extend the Original Agreement with the extension tern beginning October 161h 2025, through December 1, 2026. As of December 1, 2025, the pricing will change per the attachment for the period of December 1, 2025, through December 1, 2026. This agreement may be extended upon mutual written agreement of the Parties. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement 1. [The total new cost is $67,500 for term]. 2. Attached updated pricing outline showing the reduction in number of drivers to 900 from 1,200. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: John Conley Printed Narpe-o s aay. Signature F508036AF4AE4D0 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Perry L. c)_c;phair 1�� ATTEST: BY: Weld County Clerk to the Board Deputy Clerk to the Board Service Order Account Name: Weld County sambasafety * In addition to the Services and associated fees in the table below, state, data and additional resource fees ("State/Data Fees') may apply. Payment Terms Net 30 Payment Method ACH Subscription Services Item Name Number Drivers of Price Unit Per Total Month per Service Description Ultimate 900 $6.25 $5,625.00 in Comprehensive Professional courses configurable capabilities by platform alert. and plus scoring, Identify, training. plan training, offers with advanced with monitoring, everything recommended and analytics, take under action alerts, API one manage University Core . 900 $0.00 $0.00 incident Provides training, vehicle defensive types, refresher with driving access courses covering skills training to designed comprehensive complete and for common for all safety driver violations. and training, driver and post - techniques, Implementation Services Item Name Price Service Description On Demand and Support Services Item Name Price Service Description MVR Service Fee $1.00 SambaSafety MVRs below usage. defined under the MVR by service Customer's Services fee Description. charged policy; details in Invoiced addition on fees based to data are on fee included actual for Enrollment Service Fee $1.00 SambaSafety MVRs below under defined the MVR by Services service Customer's Description. fee charged policy; details in addition on fees to data are fee included for Monitoring Service Fee $1.00 SambaSafety MVRs below under defined the MVR by Services service Customer's Description. fee charged policy; details in addition on to fees data are fee included for *The Price Per Unit is based upon the commitment by Customer of monitoring minimally the Number of Drivers set forth above, commencing on the Subscription Start Date throughout the remainder of the Service Order Term. Subscription Start Date Initial Term (Months)** 30 days after the below Effective Date 12 Contract Form Entity Information Entity Name * SAMBA HOLDINGS INC Entity ID* @00048651 Contract Name* Contract ID SAMBASAFETY CONTRACT AGREEMENT EXTENSION 9983 Contract Status CTB REVIEW Contract Lead * BPETERSON Contract Lead Email bpeterson@weld.gov New Entity? Parent Contract ID Requires Board Approval YES Department Project # Contract Description * THIS CONTRACT EXTENDS OUR AGREEMENT WITH SAMBASAFETY TO CONTINUE THE MOTOR VEHICLE RECORD MONITORING PROGRAM, REFLECTING UPDATED 2026 PRICING AND A REDUCTION IN DRIVERS DUE TO THE SO AND DA OFFICE OPTING OUT OF THE PROGRAM. Contract Description 2 Contract Type* AGREEMENT Amount* $67,500.00 Renewable* NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date HUMAN RESOURCES Date* 10/11/2025 10/15/2025 Department Email CM- HumanResources@weld.g ov Department Head Email CM-HumanResources- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date 10/16/2025 Review Date* 10/30/2026 Termination Notice Period Committed Delivery Date Contact Information Contact Info Renewal Date Expiration Date* 12/01/2026 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head JILL SCOTT DH Approved Date 10/13/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/15/2025 Finance Approver RUSTY WILLIAMS Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 10/13/2025 10/13/2025 Tyler Ref* AG 101525 Originator BPETERSON Cnh'aftro 8"181 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: SAMBA Contract DEPARTMENT: Human Resources DATE: 10/8/24 PERSON REQUESTING: Jill Scott, CHRO and Kelly Leffler, Risk Manager Brief description of the problem/issue: On May 13th the BOCC awarded B2400055 for Continual Motor Vehicle Record Monitoring to SAMBA Safety for an initial cost of $89,148.28, with an annual maintenance cost of $85,236 after year one. The contract has been approved and signed by SAMBA Safety, has been approved by the County Attorney, and is attached for review. What options exist for the Board? The BOCC can approve to move forward with final signatures on the contract and to sign the attached Required Compliance Forms. Or the BOCC can choose to not sign the attached contract. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Year one will cost $89,148.28 with an annual maintenance cost of $85,236 after year one. There is $90,000 reserved in the 2024 budget for this project. Recommendation: It is recommended that the BOCC approve to move forward with obtaining the final signatures on the contract and on the Required Compliance Form. Support Recommendation Schedule Race on B000 Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine (.0 11 tb/Ro1ZI-f senclo, CCt DhoScJP) Pwchac6u IDJftOQW 2oz4- Oapic PEU03(-0 Karla Ford From: Sent: To: Subject: Mike Freeman Tuesday, October 15, 2024 8:53 AM Karla Ford Re: Please Reply - PA for SAMBA Approve Sent from my iPhone On Oct 15, 2024, at 7:42 AM, Karla Ford <kford@weld.gov>wrote: Please advise if you support recommendation and to have department place on the agenda. From: Kelly Leffler <kleffler@weld.gov> Sent: Thursday, October 10, 2024 12:53 PM To: Karla Ford <kford@weld.gov> Subject: FW: PA for SAMBA Karla! Will you please pass this around! <image002.png> <image003.png> Kelly Leffler Risk Manager <image004.png> 970-400-4220 <image005.png> 970-518-6106 <image006.png> kleffler(t weld.gov <image007.png> P.O. Box 758, 1150 O St Greeley, CO 80632 Mission Statement: Weld County Human Resources is a strategic business partner dedicated to enhancing t collaborating with individual departments, and supporting the values and goals of Weld County Government. <irnagefl ld png> IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity I contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning any attachments by anyone other than the named recipient is strictly prohibited. Open Enrollment: October 21st - November 6th! Join us for our Benefits Fair: Health Meets Wealth! Date: Tuesday, October 29th PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND SambaSafety THIS AGREEMENT is made and entered into this j ttt,,{day of p(-rt je,V , 2024, by and between the Board of Weld County Commissioners, on behalf of Human Resources, hereinafter referred to as "County," and Safety Holdings Inc., dba SambaSafety, hereinafter referred to as "Contractor" (each a "Party" and collectively the "Parties"). WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) or Request for Proposal (RFP) as set forth in Bid Package No. B2400055 Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $89,148.28 plus any applicable subscription overages, or pass -through state fees that are passed on to the County at cost, as set forth in the Exhibits. No payment in excess of these amounts, as 2 set forth in the Exhibits, will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this 3 Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. 4 Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $1,000,000 Aggregate. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or 5 subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. Contractor shall indemnify, defend and hold harmless, the County from and against any claim, suit, proceeding, damages, costs, expenses (including, without limitation, reasonable attorneys' fees and court costs) brought by a third party arising from the Contractor's violation of applicable laws, willful misconduct, or breach of obligations arising from this Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County; provided that such approval is not unreasonably withheld. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent lawfully required, both Parties agrees that a duly authorized representative of each Party, including the County Auditor (in the case of the County), shall have access to and the right to examine and audit any books, documents, papers and records of the other Party, involving all matters and/or transactions related to this Agreement. Contractor and County agree to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project 6 representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. 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 and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Adam Kreisher Position: Vice President of Sales Address: 5445 DTC Pkwy Suite 950 Address: Greenwood Village, CO 80111 E-mail: areisher@sambasafety.com Phone: 720-845-6895 TO COUNTY: Name: Kelly Leffler Position: Risk Manager Address: 1150 O St. Address: Greeley, CO 80631 E-mail: kleffler@weld.gov Phone: 970-400-4220 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 7 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state 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. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement 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. 27. No Third Party Beneficiary. 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. 28. 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. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 8 30. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor 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, 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. CONTRACTOR: ,--OocuSipn4d by: By:-3AmBFACBC07s410 Name: Berenice NUSS b rt iAict, MASS Title: Associate General Counsel 2024-09-04 Date of Signature WELD COUNTS: ATTEST: (4721...1 Weld County Clerk to the Board BY: 1-1.04Cua Deputy Clerk to the Board, 9 ARD OF COUNTY COMMISSIONERS D COUNTY 1_QL ORADO 0 4,1 D. Ross, Chair Weld County Request for Proposal: #B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees Weld County ATTN: Purchasing Department RFP # B2400055 / Motor Vehicle Records Software 1301 N. 17th Avenue Greeley, CO 80631 Key Vendor Deadlines Notice of Intention 3/15/2024 10:00 AM MST/MDT Technical Questions / Inquiries 3/22/2024 10:00 AM MST/MDT RFP Responses 4/8/2024 10:00 AM MST/MDT Template -IT RFP 2023 1.0 Weld County Request for Proposal - RFP It B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees Table of Contents 1 STATEMENT OF WORK 3 1.1 PURPOSE 3 1.2 COVERAGE & PARTICIPATION 3 2 GENERAL INFORMATION 3 2.1 ORIGINAL RFP DOCUMENT 3 2.2 THE ORGANIZATION - COUNTY OF WELD 3 3 RFP SCHEDULE 4 4 PROPOSAL PREPARATION INSTRUCTIONS 4 4.1 VENDOR'S UNDERSTANDING OF THE RFP 4 4.2 COMMUNICATION 4 4.3 PROPOSAL SUBMISSION 5 4.4 PROPOSAL RESPONSES 6 4.5 PROPOSAL FORMAT 6 4.6 WITHDRAWALS OF PROPOSALS 8 4.8 CRITERIA FOR SELECTION 8 4.9 SELECTION AND NOTIFICATION 10 5 PROJECT OVERVIEW 11 5.1 HIGH-LEVEL OVERVIEW 11 5.2 TECHNICAL SPECIFICATIONS 12 5.3 NARRATIVE VENDOR QUESTIONS 13 6 VENDOR PRICING 13 7 WELD COUNTY INFORMATION TECHNOLOGY SOFTWARE AND SERVICES CONTRACT RIDER 14 8 ADDITIONAL TERMS & CONDITIONS 18 8 1 NON -DISCLOSURE AGREEMEN"I' 18 8.2 COSTS 18 8.3 INTELLECTUAL PROPERTY 18 8.4 VENDOR'S RESPONSES 18 8.5 GOVERNING LAW 19 8.6 DISADVANTAGED BUSINESS ENTERPRISES 20 8.7 PROCUREMENT AND PERFORMANCE 20 8.8 TERMINATION 20 8.9 WARRANTY 20 8.10 TAXES 20 8.11 No LIABILITY 20 8.12 ENTIRE RFP 21 9 INSURANCE REQUIREMENTS 21 APPENDIX A: NOTICE OF INTENTION 24 APPENDIX B: VENDOR CERTIFICATION 25 APPENDIX C: CJIS SECURITY ADDENDUM 26 3/8/2024 9:40 AM Page -2 Bid #62400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees 1 Statement of Work 1.1 Purpose The Board of County Commissioners of Weld County, Colorado. by and through its Chief Information Officer (collectively referred to herein as "Weld County"), wishes to purchase Continual Motor Vehicle Record Monitoring for Weld County Employees. The purpose of this Request for Proposal (RFP) is to invite prospective vendors to submit a proposal to supply a Continual Motor Vehicle Record Monitoring for Weld County Employees to Weld County. This RFP provides vendors with the relevant operational, performance, application, and architectural requirements of the system. 1.2 Coverage & Participation The intended coverage of this RFP, and any agreement resulting from this solicitation, shall be for the use of all applicable departments at Weld County along with any satellite offices. Weld County reserves the right not to enter into any contract, to add and/or delete elements, or to change any element of the coverage and participation at any time without prior notification and without any liability or obligation of any kind or amount. 2 General Information 2.1 Original RFP Document Weld County shall retain the RFP, and all related terms and conditions, Appendices and other attachments, in original form in an archival copy. Any modification of these. in the vendor's submission. is grounds for immediate disqualification. 2.2 The Organization - County of Weld Weld County, Colorado covers a total area of 4,000 square miles in northern Colorado and is home to charming small towns and thriving cities. It is bordered on the north by Wyoming and Nebraska and on the south by the Denver Metropolitan area. Weld County is the third largest county in Colorado and is Colorado's leading producer of cattle, grain and sugar beets. Weld County is also an important area of oil and natural gas production in Colorado. Weld County was incorporated in 1861 and is governed by a Home -Rule Charter, which went into effect on January 1, 1976. As of 2020, there are an estimated 332,000 residents in Weld County with an approximate annual growth rate of 2.79%. Weld County Government employs approximately 1700 people within 26 departments. The County Seat and main campus is in Greeley with satellite campuses in Fort Lupton and Longmont (Del Camino area). Additional information about Weld County can be found at "www.weld.gov". 3/8/2024 9:40 AM Page -3 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees 3 RFP Schedule The following is the anticipated schedule for this RFP which may change in accordance with the organization's needs or unforeseen circumstances. Changes will be communicated by e- mail to those vendors participating in this RFP. Note: Weld County must receive Vendor's "Notice of Intention" by the deadline listed below. Vendors not submitting a "Notice of Intention" by the deadline may be excluded from this RFP process. Critical RFP dates for Vendors: Issuance of RFP "Notice of Intention" Deadline Technical Questions/Inquiries Deadline RFP Addendum (all RFP questions answered) Submission Deadline for RFP Responses Interviews / Demos Anticipated Post -Award dates: Final Award Notification Contract Negotiations Complete Implementation Start Date Implementation Completion Date 4 Proposal Preparation Instructions 3/8/2024 3/15/2024 10:00 AM MST/MDT 3/22/2024 10:00 AM MST/MDT 3/29/2024 4/8/2024 10:00 AM MST/MDT 4/15/2024 - TBD 5/13/2024 5/13/2024 6/1/2024 TBD 4.1 Vendor's Understanding of the RFP In responding to this RFP, the vendor accepts full responsibility to understand the RFP in its entirety, and in detail, including making any inquiries to Weld County as necessary to gain such understanding. Furthermore, the vendor is responsible for understanding Weld County's infrastructure and systems in which their software may be used. Weld County reserves the right to disqualify any vendor who demonstrates less than such understanding. Further, Weld County reserves the right to determine, at its sole discretion, whether the vendor has demonstrated such understanding. That right extends to cancellation of award, if award has been made. Such disqualification and/or cancellation shall be at no fault, cost, or liability whatsoever to Weld County. 4.2 Communication Verbal communication shall not be effective unless formally confirmed in writing by the specified Weld County IT employee in charge of managing this RFP process. In no case shall verbal communication govern over written communication. 4.2.1 Vendors' Inquiries. Applicable terms and conditions herein shall govern communications and inquiries between Weld County and vendors as they relate to this RFP. Inquiries, questions. and requests for clarification related to this RFP are to be directed in writing to (email is preferred): IT Contact Name: Purchasing Department E-mail: bids@weld.gov Telephone: (970) 400-4223 Weld County Purchasing Department 1301 N. 17th Avenue Greeley, CO 80631 3/8/2024 9:40 AM Page -4 Bid#B24OOO55 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees Informal Communications shall include, but are not limited to: requests from/to vendors or vendors' representatives in any kind of capacity, to/from any Weld County employee or representative of any kind or capacity with the exception of Purchasing Department for information, comments, speculation, etc. Inquiries for clarifications and information that will not require an addendum may be submitted verbally to the named above at any time. 4.2.2 Formal Communications shall include, but are not limited to: • In lieu of a mandatory, pre -proposal meeting, questions concerning this RFP must be submitted in writing and be received prior to the Technical Questions/Inquiries Deadline listed in Section 3. Email is the preferred method of communication. Inquiries for clarifications/information that will not require addendum may be submitted verbally to the contact named above at any time during this process. • Errors and omissions in this RFP and enhancements. Vendors shall recommend to Weld County any discrepancies, errors, or omissions that may exist within this RFP. With respect to this REP, vendors may recommend to Weld County any enhancements, which might be in Weld County's best interest. These must be submitted in writing and be received prior to the Technical Questions/Inquiries Deadline listed in Section 3 • Verbal and/or written presentations and pre -award negotiations under this RFP. • Addenda to this RFP. 4.2.3 Addenda: Weld County will make a good -faith effort to provide a written response to each vendor question submitted as a Technical Question. All questions and answers will be shared with all recipients in an addendum. All addenda will be posted to the BidNet Direct site (formally Rocky Mountain E - Purchasing System): http://www.bidnetdirect.com. Weld County is not obligated to respond to any questions or requests for clarification if received by Weld County after the Technical Questions/Inquiries Deadline listed in Section 3. Please note the vendor is ultimately responsible for verifying they have received any / all addenda prior to submitting their proposal. 4.3 Proposal Submission Vendors are to submit one (1) electronic copy of the RFP response via email to: Purchasing Department bids@weld.gov Subject Line: B2400055 / Motor Vehicle Records Software Emailed proposals must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your proposal. All sections shall be combined into a single electronic document. Additionally, native Excel documents for the Vendor Response Form and the Pricing Table should also be included in your electronic submission as separate files. For proper comparison and evaluation, the County requests that proposals be formatted as directed below. Submittals received that fail to follow this format may be ruled non -responsive. 3/8/2024 9:40 AM Page -5 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees RFP proposals must be delivered via email to the email address listed above on or before 4/8/2024 10:00 AM MST/MDT. Proposals received after this time will be disqualified. 4.4 Proposal Responses The Board of County Commissioners and the Evaluation Committee reserve the right to reject any or all proposals. Any objections to the specifications/requirements as set forth should be filed in writing prior to the proposal deadline. This request is NOT a Bid; therefore, any alternate solutions that meets or EXCEED the outlined minimum requirements should be submitted for consideration. Weld County is interested in any and all details of other innovative and original ideas above and beyond those discussed in this Request for Proposal. Proposal responses will be retained as property of Weld County. All or a portion of the contents of the proposal of the successful vendor will become part of any subsequent contractual obligation. Proposals should contain a manual signature of an authorized representative of the responding vendor(s). Vendors responding to this RFP must be available for demos and/or interviews. The Evaluation Committee will evaluate each vendor's written response to the RFP and determine a short-list of vendors to move forward to the demo/interview stage. The top ranked vendors will be notified of their demo/interview time with the Evaluation Committee. The project manager and key individuals working on the project should be present. Interested Vendors shall submit responses that clearly demonstrate their ability to provide the solution as outlined in the Request for Proposals (RFP). Vendor submittals shall be organized in the order listed below to facilitate fair and equal evaluation of the responses. If responses do not follow the format below, your response may be ruled non -responsive. 4.5 Proposal Format Every vendor should submit their RFP Response in the format outlined below. For the electronic response, separate each section with a section header page. Any hardcopy responses shall separate each section behind a tab divider. 1. Cover Letter 2. Table of Contents 3. Pricing Table Submit pricing via the Proposed Pricing tables from Section 6 of this RFP. Note: Weld County is tax exempt and no taxes should be included with your proposal. 4. Vendor Qualifications a. (For Resellers only) Provide Letter of Authorization for proposed product 3/8/2024 9:40 AM Page -6 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees b. Provide a brief synopsis of your company (size, structure, capabilities and financial condition). At a minimum, briefly describe the company history, ownership and primary industries served. Provide details of any material changes (e.g. ownership, structure, acquisitions, etc.) in the last calendar year. c. Highlight vendor's experience and expertise with deploying Continual Motor Vehicle Record Monitoring for Weld County Employees. d. Provide information on vendor's current clients. including the total number of current clients they have provided Continual Motor Vehicle Record Monitoring for Weld County Employees or substantially similar solutions. e. List four (4) current references. References should be: • State or local government agencies • Projects similar in size, application, and scope • Projects completed within the past 24 months • Include a brief summary and timeframe for implementation • Include a contact name, position, email address, and current phone number for each reference. 5. Response to Narrative Questions from Section 5.3 in this RFP 6. Project Plan Provide a proposed project plan detailing all of the tasks and associated timelines and milestones. A complete outline must be provided by the vendor that demonstrates the following considerations: - Understanding of the project requirements and deliverables - Hardware Server requirements - Technical approach to the project - Organization and managerial competence - Work plan and project controls - Payment milestones 7. County Responsibilities Identify all services and excluded costs to be borne by Weld County. 8. Additional Information a. Provide vendor's standard contract template. b. ADA Compliance with Sections 508 and 255 — Provide a statement of acknowledgment or completion of a Voluntary Product Accessibility Template (Vpat) indicating compliance with Section 508 (of the United States Workforce Rehabilitation Act of 1973) and Section 255 (of the Americans with Disabilities Act) standards. c. Provide a signed Vendor Certification document (from Appendix B of this RFP.) d. Provide a CJIS Security Addendum Certification, if applicable (from Appendix C of this RFP) e. List details of any litigation the vendor or any of its subsidiaries or affiliates has had in the past three (3) years as well as any that are currently in litigation. f. Provide any additional information that will aid in evaluation of the Contractor's qualifications with respect to this project. Include any relevant 3/8/2024 9:40 AM Page -7 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees vendor -supplied specifications and data sheets. 9. Response to Technical Specifications from Section 5.2 in this RFP Include the responses to all technical specifications that are outlined in Section 5.2 (spreadsheet) in the Vendor Response Form. Note that there are multiple tabs in the Vendor Response Form spreadsheet. Note: Proposals shall not exceed 100 pages in length. Vendors are advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA) C.R.S. §24-72-201, et seq. 4.6 Withdrawals of Proposals Proposals may be withdrawn upon written request to Purchasing Department and approval of the Weld County Chief Information Officer; said request being received from the withdrawing vendor prior to the time fixed for award. Negligence on the part of a vendor in preparing the proposal confers no right for the withdrawal of the proposal after it has been awarded. 4.7 Expectations of Vendor Proposals Vendors are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the vendor's risk. Vendors shall not condition their proposals on any change to any provision included in this RFP. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. Late or unsigned proposals may not be accepted or considered. It is the responsibility of the vendor to ensure that their proposal arrives in the Weld County Department of Information Technology on or prior to the Submission Deadline for RFP Responses in Section 3. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. 4.8 Criteria for Selection The evaluation of each response to this RFP will be based on its demonstrated competence, compliance, format, and organization. The purpose of this RFP is to identify those vendors that have the interest capability, and financial strength to supply Weld County with Motor Vehicle Record Monitoring for Weld County Employees as identified in this RFP. Continual An Evaluation Committee will evaluate all qualifying proposals. All requirements in this RFP should be satisfied to ensure that the proposal will qualify for consideration. It is the intent of the County to award a contract for the requested Continual Motor Vehicle Record Monitoring for Weld County Employees based on an evaluation of all qualified proposals. There will be two rounds of evaluation of qualified proposals according to the criteria listed below. The first round of evaluation is to identify a short-list of vendors who will then be invited to do an onsite demo for Weld County. The second round of evaluation will be only of those solutions proposed by the short-list of vendors and will be used to determine the final product selection. 3/8/2024 9:40 AM Page -8 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees All respondents must initially represent themselves solely by their written submittal. First round of evaluation: The responses to this Request for Proposal will be reviewed by an Evaluation Committee. based on the weighted criteria below, and will be used to determine a short-list of vendors that will continue on with this RFP process: Evaluation Criteria Evaluation Standards Score Vendor Qualifications Support & • • • • • Vendor (organizational to viability. Vendor similar Technical for functional functional Frequency defect Customer qualifications services. handle location, fixes demonstrates has in project's size support support questions, and references experience support meets and for structure, quality scope proposed scope meets (answering Weld hours, training (if appropriate of with used) as County staffing, and Weld's product Weld and product delivering confirms technical resources, confirm requirements quality expectations. County. updates resources assets, and/or vendor vendor projects of and etc.). etc.) and 15 Technical Technical Architecture Security & • • s • Proposed architecture constraints environment. Proposed requirements. Proposed the of County concerns. continued over the Proposed product's the product to lifecycle product product vendor evaluate vendor investment of which security Weld and product of product has will meets will and County's the underlying posture in regularly work address product. product Weld roadmap roadmap within technical over County's work security development technical the the maintains shows with security lifecycle Weld 15 System Capabilities Alignment Business Needs & with • • • • Vendor's capability the Proposed functional Proposed needs Vendor's deliverables project of proposal Weld project to scope product requirements product and meet County. deadlines and plan displays the meets aligns expectations objectives. meets technical as with capacity stated outlined the the necessary in business and outlined and in RFP. RFP. in 40 Proposed Licensing Pricing Model & • • the Costs consistent Maintenance disclosed response and licensing within with and Costs the the are model project (or response both subscription are reasonable goals. disclosed and are costs) within and both are 30 3/8/2024 9:40 AM Page -9 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees • reasonable goals. Professional hour ensure estimates project and services consistent contain goals cost sufficient are (if met. with required) the detail project and to work • % that for the individual total adds categories up to 100%. will be adjusted so 100% Second round of evaluation of short-list vendor solutions: Qualified proposals from the short- list of vendors will be evaluated on the following weighted criteria for solution selection: Evaluation Criteria Evaluation Standards Score Demo / Interview • • • Product functionality. Product Weld During understanding objectives, County's interview/demo, demo performance and verifies requirements. of deadlines. the existence and Vendor project ease of requirements, of displays required use meets an 60 Proposed Licensing Pricing Model & • • • Costs the consistent Maintenance disclosed reasonable goals. Professional hour ensure and response estimates project licensing within with and services and Costs the consistent contain goals the are (or model project response cost are both subscription sufficient met. (if are reasonable goals. with required) disclosed and the detail are costs) project within and both and to are work 40 • % that for individual the total adds categories up to 100%. will be adjusted so 100% 4.9 Selection and Notification Weld County reserves the right to accept or reject any and all proposals, to waive any informalities or minor irregularities in proposals, and to accept the proposal deemed, in the opinion of Weld County, to be in the best interest of Weld County. Weld County is not required to select the proposal with the lowest pricing, but will take into consideration which vendor demonstrates the best ability to satisfy the requirements outlined 3/8/2024 9:40 AM Page -10 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees in the RFP, the ability to service the contract, past experience, financial stability, and other relevant criteria. When deemed to be in the best interest of the County, the Weld County Controller, Purchasing Director, or Chief Information Officer may request a Best and Final Offer (BAFO) as a part of any Formal Purchase. Any request for a BAFO should be made following all pertinent discussions, questions, and all addendums made to clarify full understanding of, and responsiveness to, the solicitation requirements. If a request for BAFO pricing is made, the request may be sent to the short-list of vendors who have submitted the most qualified proposals. All vendors from which a BAFO has been requested shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. All pricing and information shall remain confidential until the successful proposal is accepted by the Board of County Commissioners. Best and Final offers shall be requested in writing via email. The request shall include: • Notice that this is an opportunity to submit a best and final offer. • A due date for submission of the Best and Final Offer. After receipt and analysis of final pricing, proposals shall be evaluated by the Evaluation Committee. The Evaluation Committee with determine the top -ranked vendor proposals. Upon this determination, Weld County may contact the top -ranked vendors to obtain proof of financial stability prior to recommendation of any vendor proposal to the Chief Information Officer (CIO). If the top -ranked vendor cannot prove financial stability, the vendor may be disqualified, and Weld County will then reach out to additional top ranked vendors with the next best proposal for financial information. After the Evaluation Committee has received vendor financial information (if requested) and determined that the vendor is financially stable, they will present their recommendation to the Chief Information Officer (CIO). The CIO will then present the recommendation to the Weld County Board of Commissioners. The Commissioners will make the final decision. Written notification will be sent to the winning vendor via email. Please note: Weld County is a public entity and must comply with the provisions of C.R.S. 24- 72-201, et seq. Confidential commercial or financial data may or may not be subject to inspection subject to C.R.S. 24-72-204. 5 Project Overview 5.1 High-level Overview Weld County is a local government entity that employs approximately 1,200 individuals whom operate either a Weld County owned, or personally owned, vehicles while performing essential functions of their job. Weld County is looking for software that will obtain Motor Vehicle Records for new employees and will provide continual Motor Vehicle Record monitoring for each employee that operates a vehicle while performing job functions. The software should provide insight into high risk drivers, offer on -demand driver training, and the ability to store driver files for each driver. Weld County's overall IT environment is set-up as follows: The following is a high-level description of our current technology environment: 3/8/2024 9:40 AM Page -11 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees Current Environment - Weld County: • Primarily Virtual Servers • Cisco network infrastructure and Fiber backbone connecting County buildings; fiber with some point-to-point wireless links connecting our County campuses (Greeley, Fort Lupton, Longmont) • Multiple image capturing systems • On -premise block and file storage availability in SAN and NAS capacity Weld County supports current versions of the following technologies. Solutions which rely upon software or hardware that has exceeded or will exceed EOS or EOSL in the next 24 months will not be considered. Server Hardware Cisco UCS Server Systems Operating VM Servers, Microsoft Servers Storage Infrastructure EMC PowerMax. Metro SRDF, Islion PCs/Laptops Dell, HP, Panasonic PC/Laptop/Tablet Operating System Win10, Win11, Apple IOS. Android Network Protocol TCP/IP Web Browser MS Edge, Chrome, Firefox, Safari Email/Calendar Microsoft Office 365 Database Microsoft SQL Servers Printers File Shares Canon Windows MFDs, Print HP, Service Dell Account Management Microsoft Active Directory, Azure AD Mobile Devices Dell, HP, Panasonic, Pads, Phones, Androids `updated 10/19/2023 5.2 Technical Specifications Technical specifications for requested County Employees are contained within the Vendor Response Form (attached below). Vendors should fill out the Vendor Response Form in its entirety. Continual Motor Vehicle Record Monitoring for Weld S tL MI Vendor Response Form B2400055 (1).xl The Vendor Response Form contains 5 worksheets: • General • Technical • Security • Reporting • Integration 3/8/2024 9:40 AM Page -12 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees Requirements that are categorized as Required (-R") will be used as a filter for determining which solutions will meet our needs. 5.3 Narrative Vendor Questions The following questions should be answered in the Vendor RFP Proposal: 1) Indicate vendor's product release cycle, including details of releases over the past year and also detail on forward looking releases and major improvements / features within each release (for the next year). 2) Indicate vendor's compliance with offering ongoing Software maintenance (technical support/upgrades) and specify: a. Standard business hours for technical support b. Location(s) of support services c. Level of support during and outside of business hours (e.g., pager, 800 number, hours of operation, etc.). d. Specify any additional cost for support during non -business hours. e. Methods of reporting problems f. Response levels g. How fixes are distributed and applied h. Problem escalation process (including resolution process and timing) i. Frequency of software updates/upgrades 3) Indicate compliance with periodic software upgrades providing general feature enhancements that must be guaranteed to be compatible with whatever system customization the Vendor makes to the original Continual Motor Vehicle Record Monitoring for Weld County Employees. 4) IT Training Plan — Detail your training plan for the IT project team. The training plan should include system administration, supporting, and using the system. Identify training materials that will be available to IT. 5) End -user Training Plan — Propose a detailed training plan that you recommend for end - users, and department administrators. Identify training materials that will be available to these end -users and department administrators. 6) Provide details of any subcontracting arrangements that will come into effect if vendor is awarded the business outlined in this RFP. 6 Vendor Pricing All Vendors must fill out the following cost breakdown for the implementation of their solution for Weld County's project as described in this RFP. The vendor must agree to keep these prices valid for six months past the Submission Deadline for RFP Responses in Section 3. Note: Weld County is tax exempt and no taxes should be included in your proposal. Use the attached Pricing Table spreadsheet to submit your pricing proposal. Please include your terms and conditions of sale. 3/8/2024 9:40 AM Page -13 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees RFP Pricing Table.xlsx 7 WELD COUNTY INFORMATION TECHNOLOGY SOFTWARE AND SERVICES CONTRACT RIDER 7.1 Introduction. By submitting a proposal (hereinafter referred to as `Proposal") in response to the County's request for proposal (hereinafter referred to as "RFP'), as applicable Contractor expressly agrees to be bound by all of the terms contained in the RFP, including the following. THE TERMS AND CONDITIONS CONTAINED IN THIS RFP, INCLUDING THIS CONTRACT RIDER, SHALL PREVAIL OVER ANY CONFLICTING TERMS PROVIDED IN THE PROPOSAL, AND ANY OTHER TERMS PROVIDED IN THE CONTRACTORS SCOPE OF WORK, LICENSE AGREEMENT, SERVICES AGREEMENT, PURCHASE ORDER, OR ANY OTHER DOCUMENT PROVIDED BY CONTRACTOR WHICH PURPORTS TO CONTRACTUALLY BIND THE COUNTY RELATED TO THE SERVICES INCLUDED WITHIN THE RFP. 7.2 Purchase of Services. Contractor agrees to procure the goods, materials, equipment and/or products necessary to provide the services described in this RFP (collectively referred to herein as the "Work"). Contractor shall further be responsible for timely delivery, and acknowledges that a failure to comply with the standards and requirements of this RFP within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 7.3 Term. The term of this Agreement begins upon mutual execution and continues until such time as Contractor has completed the Work, or until such as may be specified elsewhere in this RFP. In no event shall the term continue beyond one year from mutual execution. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 7.4 Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change 3/8/2024 9:40 AM Page -14 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 7.5 Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor as set forth in the Proposal. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C. R. S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7.6 Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers. agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 7.7 Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent. which may be withheld in County's sole discretion. Subcontractors which are identified in the approved Proposal are approved by County. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor. to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7.8 Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document 3/8/2024 9:40 AM Page -15 Bid #B2400055 Weld County Request for Proposal - RFP It B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 7.9 Acceptance of Services Not a Waiver.ln no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 7.10 Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury. loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries o r damage received or sustained by any person. entity. or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, e mployees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Contractor further agrees and understands that the laws of the State of Colorado prohibit the County from indemnifying any person or entity, public o r private, and as such the County makes no promise of indemnification to Contractor, and any conflicting provision is void. 7.11 Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder. without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 7.12 Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 3/8/2024 9:40 AM Page -16 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees 7.13 Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 7.14 Non -Exclusive Agreement. Unless otherwise expressly provided in this Agreement, this Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 7.15 Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 7.16 Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state 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. 7.17 Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement shall survive any such expiration or termination. 7.18 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, o r unenforceable by a court of competent jurisdiction, this Agreement shall be construed and e nforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 7.19 Governmental Immunity. No term or condition of this Agreement shall be construed o r 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. 7.20 No Third Party Beneficiary. It is expressly understood and agreed that the e nforcement 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. 7.21 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 3/8/2024 9:40 AM Page -17 Bid 4B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees 7.22 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has beer approved by the Board of County Commissioners of Weld County, Colorado or its designee. first 7.23 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 7.24 Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 8 Additional Terms & Conditions 8.1 Non -Disclosure Agreement Weld County reserves the right to require any vendor to enter into a non -disclosure agreement. 8.2 Costs The RFP does not obligate Weld County to pay for any costs, of any kind whatsoever, which may be incurred by a vendor or any third parties, in connection with the Response to this RFP. All Responses and supporting documentation shall become the property of Weld County, subject to claims of confidentiality in respect of the Response and supporting documentation. 8.3 Intellectual Property The vendor should not use any intellectual property of Weld County including, but not limited to, all logos, registered trademarks, or trade names of Weld County, at any time without the prior written approval of Weld County, as appropriate. 8.4 Vendor's Responses This Request for Proposal, submitted documents/proposals, and any negotiations, when properly accepted by Weld County, shall constitute a contract equally binding between the vendor and County. Any and all verbal communications and/or commitments made during the negotiation process that are deemed agreeable to both parties shall be submitted in written format and made part of any resulting contract. No different or additional terms shall become a part of this contract with the exception of an Amendment. Any vendor which submits in its proposal to the County any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, may be disqualified from consideration. All accepted Responses shall become the property of Weld County and will not be returned. Confidential financial information of the vendor should be transmitted separately from the main RFP submittal, clearly denoting in red on the financial information at the top of the page the word. "CONFIDENTIAL. Vendors are advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. 3/8/2024 9:40 AM Page -18 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees 8.5 Governing Law This RFP and the Vendor's Response shall be governed by United States federal laws, Colorado state laws, and the Weld County Home Rule Charter. The successful vendor shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. Successful Vendor Hiring Practices of Illegal Aliens - Successful vendor certifies warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work u nder the subsequent contract. Successful vendor will confirm the employment eligibility of all e mployees who are newly hired for employment in the United States to perform work under the subsequent Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful vendor shall not knowingly employ or contract with an illegal alien to perform work under the subsequent Agreement or enter into a contract with a subcontractor that fails to certify with Successful vendor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the subsequent Agreement. Successful vendor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while the subsequent Agreement is being performed. If Successful vendor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful vendor shall notify the subcontractor and County within three (3) days that Successful vendor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful vendor shall not terminate the subsequent contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien Successful vendor shall comply with reasonable requests made in the course of an investigation, u ndertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful vendor participates in the State of Colorado program, Successful vendor shall, within twenty days after hiring a new employee to perform work under the subsequent contract, affirm that Successful vendor has examined the legal work status of such e mployee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful vendor shall deliver to County, 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 Successful vendor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate the subsequent Agreement for breach, and if so terminated, Successful vendor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful vendor receives federal or state funds under the subsequent contract, Successful vendor must confirm that any individual natural person eighteen (18) years of age or older is lawfully 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 subsequent contract. If Successful vendor o perates 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 States 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 effective date of the contract. 3/8/2024 9:40 AM Page -19 Bid ff B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees 8.6 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. 8.7 Procurement and Performance The successful vendor agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful vendor shall further be responsible for the timely completion. and acknowledges that a failure to comply with the standards and requirements outlined in the RFP within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 8.8 Termination County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 8.9 Warranty The successful vendor warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful vendor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner; consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The vendor warrants that the goods to be supplied shall be merchantable, of good quality. and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful vendor shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances. and security interests. 8.10 Taxes County will not withhold any taxes from monies paid to the successful vendor hereunder and the successful vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 8.11 No Liability Weld County shall not be liable to any vendor, person, or entity for any losses, expenses, costs, claims, or damages of any kind: • Arising out of, by reason of, or attributable to, the vendor responding to this RFP; or 3/8/2024 9:40 AM Page -20 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees • As a result of the use of any information, error, or omission contained in this RFP document or provided during the RFP process. 8.12 Entire RFP This RFP, any addendum to it, and any attached Appendices, constitute the entire RFP 9 Insurance Requirements General Requirements: Successful vendors must secure, at or before the time of execution of any subsequent agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful vendors shall keep the required insurance coverage in force at all times during the term of the subsequent Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller, Purchasing Director, or Chief Information Officer by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful vendor. Successful vendor shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful vendor to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's to be specified in the subsequent Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful vendor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful vendor from liabilities that might arise out of the performance of the work under the subsequent Contract by the Successful vendor, its agents, representatives, employees, or subcontractors. The successful vendor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful vendor is not relieved of any liability or other obligations assumed or pursuant to the subsequent Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful vendor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under the subsequent Agreement. Any modification to these requirements must be made in writing by Weld County. The successful vendor stipulates that it has met the insurance requirements identified herein. The successful vendor shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful vendor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Types of Insurance: The successful vendor shall obtain, and maintain at all times during the term of the subsequent Agreement, insurance in the following kinds and amounts: • Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful vendor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful vendor or subcontractor is 3/8/2024 9:40 AM Page -21 Bid 4B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees exempt under Colorado Workers' Compensation Act., AND when such successful vendor or subcontractor executes the appropriate sole proprietor waiver form. • Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract. and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000..000 products and completed operations aggregate; $1,000,000 Personal Advertising injury • Automobile Liability: Successful vendor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired. and non -owned vehicles used in the performance of this Contract. • Professional Liability (Errors and Omissions Liability): The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of the subsequent Contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under the subsequent Contract resulting from professional services. In the event that the professional liability insurance required by the subsequent Contract is written on a claims - made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of the subsequent Contract; and that either continuous coverage will be maintained or an exterded discovery period will be exercised for a period of two (2) years beginning at the time work under the subsequent Contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 2,000,000 • Crime Coverage: Coverage shall include employee dishonesty, forgery or alteration and computer fraud. If Contractor is physically located on Weld County's premises, third party fidelity coverage extension shall apply. The policy shall include coverage for all directors, officers, agents and employees of the Contractor. i. The bond or policy shall include coverage for extended theft and mysterious disappearance. ii. The bond or policy shall not contain a condition requiring an arrest and conviction. Limits: Per Loss $ $1,000.000 Successful vendors shall secure and deliver to the County at or before the time of execution of the subsequent Agreement, and shall keep in force at all times during the term of the subsequent Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and 3/8/2024 9:40 AM Page -22 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Proposal. Proof of Insurance: County reserves the right to require the successful vendor to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful vendor's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful vendor's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by the subsequent Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Successful vendor. Successful vendor shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful vendor agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. 3/8/2024 9:40 AM Page -23 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees Appendix A: Notice of Intention From: RFP # NOTICE OF INTENTION REQUEST FOR PROPOSAL B2400055 Motor Vehicle Records Software DUE 3/15/2024 10:00 AM MST/MDT [VENDOR ORGANIZATION NAME) [AUTHORIZED REPRESENTATIVE] [TELEPHONE NO.] [E-MAIL] [VENDOR ORGANIZATION NAME] intends to respond to Weld County Request for Proposal B2400055 TO: Weld County Purchasing ATTN: Purchasing Department RFP # B2400055 / Motor Vehicle Records Software PO Box 758 / 1301 North 17th Avenue Greeley, CO 80632 Email: bids@weld.gov Notice of Intention may also be provided by sending an email to the email address listed above by the Notice of Intention deadline. 3/8/2024 9:40 AM Page -24 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees Appendix B: Vendor Certification This certification attests to the vendor's awareness and agreement to the content of this RFP and all accompanying calendar schedules and provisions contained herein. The vendor must ensure that the following certificate is duly completed and correctly executed by an authorized officer of your company. This proposal is submitted in response to RFP # B2400055 issued by Weld County. The undersigned is a duly authorized officer, hereby certifies that: (Vendor Name) agrees to be bound by the content of this proposal and agrees to comply with the terms, conditions, and provisions of the referenced RFP and any addendum thereto in the event of an award. Exceptions are to be noted as stated in the RFP. The proposal shall remain in effect for a period of 6 months as of 4/8/2024. The undersigned further certify that their firm (check one): IS IS NOT currently debarred, suspended, or proposed for debarment by any federal entity. The undersigned agree to notify Weld County of any change in this status, should one occur, until such time as an award has been made under this procurement action. Person[s] authorized to negotiate on behalf of this firm for purposes of this RFP are: Name: Signature: Name: Signature: Signature of Authorized Officer: Name: Signature: Title: Date: Title: Date: Title: Date: 3/8/2024 9:40 AM Page -25 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees Appendix C: CJIS Security Addendum FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES SECURITY ADDENDUM Legal Authority for and Purpose and Genesis of the Security Addendum Traditionally, law enforcement and other criminal justice agencies have been responsible for the confidentiality of their information. Accordingly, until mid -1999, the Code of Federal Regulations Title 28, Part 20, subpart C, and the National Crime Information Center (NCIC) policy paper approved December 6, 1982, required that the management and exchange of criminal justice information be performed by a criminal justice agency or, in certain circumstances, by a noncriminal justice agency under the management control of a criminal justice agency. In light of the increasing desire of governmental agencies to contract with private entities to perform administration of criminal justice functions, the FBI sought and obtained approval from the United States Department of Justice (DOJ) to permit such privatization of traditional law enforcement functions under certain controlled circumstances. In the Federal Register of May 10, 1999, the FBI published a Notice of Proposed Rulemaking, announcing as follows: 1. Access to CHRI [Criminal History Record Information] and Related Information, Subject to Appropriate Controls, by a Private Contractor Pursuant to a Specific Agreement with an Authorized Governmental Agency To Perform an Administration of Criminal Justice Function (Privatization). Section 534 of title 28 of the United States Code authorizes the Attorney General to exchange identification, criminal identification, crime, and other records for the official use of authorized officials of the federal government, the states, cities, and penal and other institutions. This statute also provides, however, that such exchanges are subject to cancellation if dissemination is made outside the receiving departments or related agencies. Agencies authorized access to CHRI traditionally have been hesitant to disclose that information, even in furtherance of authorized criminal justice functions, to anyone other than actual agency employees lest such disclosure be viewed as unauthorized. In recent years, however, governmental agencies seeking greater efficiency and economy have become increasingly interested in obtaining support services for the administration of criminal justice from the private sector. With the concurrence of the FBI's Criminal Justice Information Services (CJIS) Advisory Policy Board, the DOJ has concluded that disclosures to private persons and entities providing support services for criminal justice agencies may, when subject to appropriate controls, properly be viewed as permissible disclosures for purposes of compliance with 28 U.S.C.534. 3/8/2024 9:40 AM Page -26 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees We are therefore proposing to revise 28 CFR 20.33(a)(7) to provide express authority for such arrangements. The proposed authority is similar to the authority that already exists in 28 CFR 20.21(b)(3) for state and local CHRI systems. Provision of CHRI under this authority would only be permitted pursuant to a specific agreement with an authorized governmental agency for the purpose of providing services for the administration of criminal justice. The agreement would be required to incorporate a security addendum approved by the Director of the FBI (acting for the Attorney General). The security addendum would specifically authorize access to CHRI, limit the use of the information to the specific purposes for which it is being provided, ensure the security and confidentiality of the information consistent with applicable laws and regulations, provide for sanctions, and contain such other provisions as the Director of the FBI (acting for the Attorney General) may require. The security addendum, buttressed by ongoing audit programs of both the FBI and the sponsoring governmental agency, will provide an appropriate balance between the benefits of privatization, protection of individual privacy interests, and preservation of the security of the FBI's CHRI systems. The FBI will develop a security addendum to be made available to interested governmental agencies. We anticipate that the security addendum will include physical and personnel security constraints historically required by NCIC security practices and other programmatic requirements, together with personal integrity and electronic security provisions comparable to those in NCIC User Agreements between the FBI and criminal justice agencies, and in existing Management Control Agreements between criminal justice agencies and noncriminal justice governmental entities. The security addendum will make clear that access to CHRI will be limited to those officers and employees of the private contractor or its subcontractor who require the information to properly perform services for the sponsoring governmental agency, and that the service provider may not access, modify, use, or disseminate such information for inconsistent or unauthorized purposes. Consistent with such intent, Title 28 of the Code of Federal Regulations (C.F.R.) was amended to read: § 20.33 Dissemination of criminal history record information. a) Criminal history record information contained in the Interstate Identification Index (III) System and the Fingerprint Identification Records System (FIRS) may be made available: 1) To criminal justice agencies for criminal justice purposes, which 3/8/2024 9:40 AM Page -27 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees purposes include the screening of employees or applicants for employment hired by criminal justice agencies. 2) To noncriminal justice governmental agencies performing criminal justice dispatching functions or data processing/information services for criminal justice agencies; and 3) To private contractors pursuant to a specific agreement with an agency identified in paragraphs (a)(1) or (a)(6) of this section and for the purpose of providing services for the administration of criminal justice pursuant to that agreement. The agreement must incorporate a security addendum approved by the Attorney General of the United States, which shall specifically authorize access to criminal history record information, limit the use of the information to the purposes for which it is provided, ensure the security and confidentiality of the information consistent with these regulations, provide for sanctions, and contain such other provisions as the Attorney General may require. The power and authority of the Attorney General hereunder shall be exercised by the FBI Director (or the Director's designee). This Security Addendum, appended to and incorporated by reference in a government -private sector contract entered into for such purpose, is intended to insure that the benefits of privatization are not attained with any accompanying degradation in the security of the national system of criminal records accessed by the contracting private party. This Security Addendum addresses both concerns for personal integrity and electronic security which have been addressed in previously executed user agreements and management control agreements. A government agency may privatize functions traditionally performed by criminal justice agencies (or noncriminal justice agencies acting under a management control agreement), subject to the terms of this Security Addendum. If privatized, access by a private contractor's personnel to NCIC data and other CJIS information is restricted to only that necessary to perform the privatized tasks consistent with the government agency's function and the focus of the contract. If privatized the contractor may not access, modify, use or disseminate such data in any manner not expressly authorized by the government agency in consultation with the FBI. The goal of this document is to augment the CJIS Security Policy to ensure adequate security is provided for criminal justice systems while (1) under the control or management of a private entity or (2) connectivity to FBI CJIS Systems has been provided to a private entity (contractor). Adequate security is defined in Office of Management and Budget Circular A- 130 as "security commensurate with the risk and magnitude of harm resulting from the loss, misuse, or unauthorized access to or modification of information." 3/8/2024 9:40 AM Page -28 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed), as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of the FBI's information resources are not compromised. The security program shall include consideration of personnel security, site security, system security, and data security, and technical security. The provisions of this Security Addendum apply to all personnel, systems, networks and support facilities supporting and/or acting on behalf of the government agency. 1.0 Definitions 1.1 Contracting Government Agency (CGA) - the government agency, whether a Criminal Justice Agency or a Noncriminal Justice Agency, which enters into an agreement with a private contractor subject to this Security Addendum. 1.2 Contractor - a private business, organization or individual which has entered into an agreement for the administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency. 2.0 Responsibilities of the Contracting Government Agency. 2.1 The CGA will ensure that each Contractor employee receives a copy of the Security Addendum and the CJIS Security Policy and executes an acknowledgment of such receipt and the contents of the Security Addendum. The signed acknowledgments shall remain in the possession of the CGA and available for audit purposes. The acknowledgement may be signed by hand or via digital signature (see glossary for definition of digital signature). 3.0 Responsibilities of the Contractor. 3.1 The Contractor will maintain a security program consistent with federal and state laws, regulations, and standards (including the CJIS Security Policy in effect when the contract is executed and all subsequent versions), as well as with policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB). 4.0 Security Violations. 4.1 The CGA must report security violations to the CJIS Systems Officer (CSO) and the Director, FBI, along with indications of actions taken by the CGA and Contractor. 4.2 Security violations can justify termination of the appended agreement. 4.3 Upon notification, the FBI reserves the right to: 3/8/2024 9:40 AM Page -29 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees a. Investigate or decline to investigate any report of unauthorized use; b. Suspend or terminate access and services, including telecommunications links. The FBI will provide the CSO with timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have been provided to the FBI by the CGA and Contractor. Upon termination, the Contractor's records containing CHRI must be deleted or returned to the CGA. 5.0 Audit 5.1 The FBI is authorized to perform a final audit of the Contractor's systems after termination of the Security Addendum. 6.0 Scope and Authority 6.1 This Security Addendum does not confer, grant, or authorize any rights, privileges, or obligations on any persons other than the Contractor, CGA, CJA (where applicable), CSA, and FBI. 6.2 The following documents are incorporated by reference and made part of this agreement: (1) the Security Addendum; (2) the NCIC 2000 Operating Manual; (3) the CJIS Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20. The parties are also subject to applicable federal and state laws and regulations. 6.3 The terms set forth in this document do not constitute the sole understanding by and between the parties hereto; rather they augment the provisions of the CJIS Security Policy to provide a minimum basis for the security of the system and contained information and it is understood that there may be terms and conditions of the appended Agreement which impose more stringent requirements upon the Contractor. 6.4 This Security Addendum may only be modified by the FBI, and may not be modified by the parties to the appended Agreement without the consent of the FBI. 6.5 All notices and correspondence shall be forwarded by First Class mail to: Information Security Officer Criminal Justice Information Services Division, FBI 1000 Custer Hollow Road Clarksburg, West Virginia 26306 3/8/2024 9:40 AM Page -30 Bid #B2400055 Weld County Request for Proposal - RFP # B2400055 Continual Motor Vehicle Record Monitoring for Weld County Employees CERTIFICATION I hereby certify that I am familiar with the contents of (1) the Security Addendum, including its legal authority and purpose; (2) the NCIC Operating Manual; (3) the CJIS Security Policy; and (4) Title 28, Code of Federal Regulations, Part 20, and agree to be bound by their provisions. I recognize that criminal history record information and related data, by its very nature, is sensitive and has potential for great harm if misused. I acknowledge that access to criminal history record information and related data is therefore limited to the purpose(s) for which a government agency has entered into the contract incorporating this Security Addendum. I understand that misuse of the system by, among other things: accessing it without authorization; accessing it by exceeding authorization; accessing it for an improper purpose; using, disseminating or re -disseminating information received as a result of this contract for a purpose other than that envisioned by the contract, may subject me to administrative and criminal penalties. I understand that accessing the system for an appropriate purpose and then using, disseminating or re -disseminating the information received for another purpose other than execution of the contract also constitutes misuse. I further understand that the occurrence of misuse does not depend upon whether or not I receive additional compensation for such authorized activity. Such exposure for misuse includes, but is not limited to, suspension or loss of employment and prosecution for state and federal crimes. The entire CJIS Security policy is found here: http://www.fbi.gov/about-us/ciis/cjis-security-policy-resource-center/view Printed Name/Signature of Contractor Employee Date Printed Name/Signature of Contractor Representative Date Organization and Title of Contractor Representative 3/8/2024 9:40 AM Page -31 Bid #62400055 sambasafety &Li, SAMBASAFETY CONFIDENTIAL INFORMATION safetyholdingsinc.corn SambaSafety Proposal PREPARED FOR WELD COUNTY IN RESPONSE TO RFP FOR CONTINUAL MOTOR VEHICLE RECORD MONITORING FOR WELD COUNTY EMPLOYEES April 8th, 2024 Stephanie Minoletti (720) 606-4239 slinton@sambasafety.com Weld County Weld County Purchasing Department 1301 N. 17th Avenue - Greeley, CO 80631 sambasafety.com Cover Letter sambasafety Dear Weld County Purchasing Department, SambaSafety is pleased to present its submission in response to Weld County's RFP for Continual Motor Vehicle Record Monitoring for Weld County Employees. Founded over 20 years ago, SambaSafety was the first to bring a continuous license monitoring solution to market. In this submission we will demonstrate our position as the market leader in mobility risk management solutions. We're proud to have the industry's most -utilized MVR check and continuous license monitoring solution, with over 19,000 active customers, and over 4,000,000 drivers actively enrolled in continuous license monitoring. SambaSafety's platform is a comprehensive risk cloud management solution inclusive of all -things -mobility risk, compliance, and training. This goes beyond basic Motor Vehicle Record checks and alerts. SambaSafety's continuous monitoring solution provides full visibility into driving behavior, providing actionable insights and trends to platform administrators and users. Our on -going multimillion -dollar investment in research & development and corporate acquisitions enables us to release new and innovative solutions to the market that streamline administrative overhead, increase visibility into compliance, help manage risk, and train & retain top talent — providing companies confidence to act. Recent examples of innovation include increased insight through additional data sources (e.g.. insurance claims, crash data, telematics, etc.), and the tools to manage that information so employers can focus on improving driver behavior. SambaSafety works in direct partnership with State DMVs and other government entities to acquire, process, and report critical driver information. Our patented data technology allows customers to filter irrelevant data. and quickly review actionable information to make quicker and better driver risk management decisions. Throughout our history, we have made a deliberate effort to promote safer communities by reducing risk through data insights. Best Regards, Stephanie Minoletti sambasafety I Table of Contents sambasafety Table of Contents Pricing Table 7 Vendor Qualifications 9 Response to Narrative Questions from Section 5.3 in this RFP 14 Project Plan 20 County Responsibilities 23 Additional Information 25 Response to Technical Specifications from Section 5.2 in this RFP 26 sambasafety 5 Pr I cin g Tab 1 sambasafety Pricing Table a. Submit pricing via the Proposed Pricing tables from Section 6 of this RFP. L RFP Pricing Table - Samba_Weld County.> Should Weld County award SambaSafety's bid, we require a copy of your tax-exempt certificate. sambasafety Vendor Qualifications sambasafety 8 Vendor Qualifications • Provide a brief synopsis of your company (size. structure, capabilities and financial condition). At a minimum, briefly describe the company history. ownership and primary industries served. Provide details of any material changes (e.g. ownership, structure, acquisitions, etc.) in the last calendar year. SambaSafety is the leading provider of cloud -based risk management solutions since 1998. We serve over 16.000 customers and monitor over 4 million drivers daily across a range of industries, including many on Fortune's Global 500 list. Our comprehensive, seamless solutions empower businesses with critical insights and tools to evaluate driving risks and improve driver safety. Through the aggregation of federal, state, local and telematics data sources, SambaSafety's flexible. end -to -end capabilities e nable businesses to better identify and mitigate driving risk. reduce crashes and foster safer communities. Companies who u se SambaSafety's risk capabilities from pre -hire assessments to continuous monitoring and training and benefit from up to: • 22% reduction in violations • 14% reduction in crashes • 32% reduction in company risk profile events in the first year Throughout SambaSafety's 26 -year experience with MVR monitoring and driver training the organization continues to innovate and grow through research & development and company acquisitions. Below is the history of SambaSafety's: • 2005 - Milestone: 100,000 active drivers monitored • 2012 - SambaSafety acquires American Driving Records, Inc. (ADR) • 2014 - SambaSafety acquires Softech International Inc. • 2016 - ABRY Partners (private equity firm) purchases SambaSafety • 2017 - SambaSafety acquires Vigillo • 2018 - Milestone: 1,000,000 active drivers monitored • 2019 - Milestone: 2,000,000 active drivers monitored • 2020 - Milestone: 3,000,000 active drivers monitored csivi!k coN sambasafety 9 • 2021 - SambaSafety acquires Instructional Technology Inc. ITI for many decades has been the gold standard in computer -based driver safety training. ITI was also proficient in its ILT approach with many clients leveraging them in this fashion. The ILT competency remains strong in 2022 but is less of an emphasis given the effectiveness and cost benefits of online training - only strengthened by the onset of the pandemic in 2021. • 2021 - Stone Point Capital (private equity firm) purchases SambaSafety • 2022 - SambaSafety acquires Collision Management Systems (U.K-based) 2023 - Milestone: 4.000,000 active drivers monitored • Highlight vendor's experience and expertise with deploying Continual Motor Vehicle Record Monitoring for Weld County Employees. While SambaSafety has extensive experience in deploying continuous motor vehicle record monitoring solutions for various agencies similar to yours in size, we do not have previous history of monitoring Weld County employees. • Provide information on vendor's current clients, including the total number of current clients they have provided Continual Motor Vehicle Record Monitoring for Weld County Employees or substantially similar solutions. SambaSafety takes great care in protecting the confidentiality of its customers and typically does not disclose names of active customers at this stage of a sales cycle. We have over 16,000 customers with 4.1 million drivers on our platform. Recent e nterprise level implementations include one of the largest fire departments in the US (2K+ drivers), large national parcel company (149K+ drivers). and the two largest ride share companies (collectively over 1M+ drivers). We have a rich history of partnering with government agencies, including those involved in emergency services, providing tailored solutions that enhance o perational efficiency, safety, and regulatory compliance, e nsuring seamless response to critical situations. We would be happy to further detail upon selection of SambaSafety as Vendor o f Choice and the execution of an MNDA. • List four (4) current references. Reference #1 sambasafety 10 • Company: San Diego Metropolitan Transit System • Contact Name and Title: Jared Garcia, Safety Manager • Email & Phone: jared.garcia@sdmts.com&(619) 238- 0100 x6481 • Brief summary & timeframe: At SambaSafety, safeguarding the confidentiality and privacy of our clients is paramount. We adhere to stringent data protection measures to ensure that all sensitive information remains secure and confidential throughout our engagement. As part of our commitment to confidentiality, we regretfully cannot disclose specific details, including summaries or timelines, of our clients' implementations without their explicit consent. This policy is in place to uphold the trust and privacy of our valued clientele. Rest assured, our team is fully dedicated to delivering a seamless and efficient implementation process tailored to each client's unique requirements. We prioritize open communication and collaboration while maintaining the highest standards of confidentiality. Should you have any concerns or require further clarification regarding our confidentiality practices or implementation procedures, please do not hesitate to reach out to us directly. We are committed to addressing any inquiries you may have and ensuring the utmost satisfaction in our services. Reference #2 • Company: Adams County • Contact Name and Title: Kyle Kos, Health Safety and Risk Coordinator • Email & Phone: kkos@adcogov.org&720-523-6394 • Brief summary & timeframe: See above answer. Reference #3 • Company: University of California, Davis • Contact Name and Title: Sally Bounds, Admin Assistant Ill ca1/4, sambasafety 11 • Email & Phone sbounds@ucdavis.edu&530-752- 1199 • Brief summary & timeframe: See above answer. Reference #4 • Company: Portland Community College • Contact Name and Title: Kelly Brown, Risk Management — Program Specialist • Email & Phone kelly.brown12@pcc.edu&971-722- 2809 • Brief summary & timeframe: See above answer. sambasafety Narrative Questions (Section 5.3) sambasafety 13 Response to Narrative Questions from section 5.3 in this RFP a. Indicate vendor's product release cycle, including details of releases over the past year and also detail on forward looking releases and major improvements / features within each release (for the next year). SambaSafety's on -going multimillion -dollar investment into research and development enables us to release new and innovative solutions to the market that streamline administrative overhead, increase visibility into compliance and help manage risk. Upcoming investments include increased insight through additional data sources, and the tools to manage that information so employers can focus on improving driver behavior. Advanced policy management and workflow reduces administrative effort to track activity and allows employers to focus on improvement. Increased driver engagement via a self-service driver portal creates further process efficiencies. Direct driver engagement will help improve and automate the onboarding of new drivers, management of their driving behavior — both good and bad — and remediation when company policies are not met. Recent examples of innovation and product development include increased insight through additional data sources (e.g., insurance claims, crash data, telematics, etc.), and the tools to manage that information so employers can focus on improving driver behavior. (1) Telematics, Analytics and Training: 5 billion+ telematics data points are processed each year. Include in -app telematics or camera data within our risk management platform. for the most comprehensive view of your drivers' risk. Critical license and real-time driver behavior data is aggregated and normalized into a single Risk Index. Easily analyze performance, identify concentrations of risk, and examine trends across groups you have established within the platform. Reinforce desired behaviors through micro -learning courses, tailored to and inclusive of legal considerations for sharing economy contractors. We develop course content in-house, ensuring you have access to new content on a consistent basis as well as custom development for future needs. (2) License Validation and/or Vehicle Registration: Validate the license and vehicle registration provided by your candidate matches what is on file with the DMV to reduce fraud and ensure you are checking the history of the correct individual. Should fraud be detected, save money by removing the candidate from the funnel immediately. (3) License History Discovery: An average of 8% of Americans move states annually. Discover additional Icse% sambasafety 14 driving history often not available on a single MVR, accounting for name and address, or state license changes. This ensures the applicant meets regulatory and driving history requirements, while improving supply so applicants are not falsely disqualified. (4) Multi -Score Reports: Evaluate qualifications in seconds with SambaSafety's proprietary, configurable scoring. Our data -driven model allows you to quickly assess and benchmark applicants for eligibility, risk and increase your average LTV. Scoring can be configured by market and a single MVR can receive one or multiple adjudication scores, based on the job type, i.e. alcohol versus food delivery, or both. Advanced policy management and streamlined workflows reduce administrative effort associated with tracking activity and allows employers to focus on improvement. These investments extend beyond our best -in -class Risk Cloud platform - SambaSafety's Project Management. Customer Success, Implementation, and Billing teams are comprised of long -tenured experts who consistently go above - and -beyond to delight our diverse customer base. Evidence of this expertise is found in SambaSafety's annual customer churn rate of <3% b. Indicate vendor's compliance with offering ongoing Software maintenance (technical support/upgrades) and specify: • Standard business hours for technical support Monday through Friday from barn - 5pm MST • Location(s) of support services SambaSafety's operations and customer support o rganization is comprised of full-time U.S.-based e mployees located across all North American time zones. • Level of support during and outside of business hours (e.g., pager, 800 number, hours of operation, etc.). Our Customer Success reps will be available to Weld County's account The CS team will be supported by a world -class. highly trained and tenured US -based customer care team available during standard business hours. • Specify any additional cost for support during non -business hours. We are open to discussing potential additional costs for support during non -business hours as part of sambasafety 15 tailoring our services to best meet your company's needs. • Methods of reporting problems Our Customer Success team and your Account Manager are the subject matter experts on the product. necessary settings. and troubleshooting any technical difficulties. If the Customer Success team is not able to troubleshoot a technical issue, we have a robust and automated escalation process to resolve any issue. In the event of a complex technical issue requiring engineering effort or collaboration with a state entity to resolve, you can expect daily and/or weekly communications with Customer Success to keep you abreast of the status. Samba proudly maintains a 99% uptime outside of schedule maintenance and Samba possesses the relationships to effectively work with State DMVs to alert and troubleshoot connection issues. Regularly scheduled maintenance windows are Thursdays 9:00 PM to 1:00 PST and Saturdays 11:00 PM to 4:00 AM PST. The Success team will provide you with the highest quality of service in the industry comes from their highly defined escalation procedures and an unprecedented level of experience with an average tenure of 14.4 years. Quality control and assurance is integral to SambaSafety's success. Quality control measures include comprehensive testing in each environment prior to releases, vulnerability assessments, various data and error detection, etc. • Response levels cm= SambaSafety Service Level Guidelines • How fixes are distributed and applied SambaSafety reports security incidents to customers once they are validated as such. SambaSafety identifies the root cause and implements corrective actions to mitigate risk. • Problem escalation process (including resolution process and timing) Weld County team members are encouraged to contact their dedicated CSM and the Director of Customer Success sambasafety 16 to request an issue be escalated if service levels are not being fulfilled. Moreover, Weld County's dedicated CSM is trained to proactively escalate issues internally when appropriate. SambaSafety's internal Escalation SOP process documentation and ticket system allows for the CSM to direct an escalation to the senior team members within the appropriate department based upon the specific issue (Engineering, Billing, Operations. etc). In the unlikely event of an especially serious and/or urgent issue it is likely a C -level team member will intervene to support a timely resolution. • Frequency of software updates/upgrades Updates to the web app ale continuous, with updates being pushed multiple times throughout the week. b. Indicate compliance with periodic software upgrades providing general feature enhancements that must be guaranteed to be compatible with whatever system customization the Vendor makes to the original Continual Motor Vehicle Record Monitoring for Weld County Employees. We ensure compliance with periodic software upgrades, guaranteeing compatibility with any system customization implemented for Weld County Employees as outlined in the RFP. c. IT Training Plan — Detail your training plan for the IT project team. The training plan should include system administration, supporting, and using the system. Identify training materials that will be available to IT Our team is equipped with IT engineering, and post -sale implementation experts who are readily available to provide any necessary training or support. While no specific IT training is required, our comprehensive team is prepared to assist with system administration, support, and usage as needed throughout the project d. End -user Training Plan — Propose a detailed training plan that you recommend for end -users, and department administrators. Identify training materials that will be available to these end -users and department administrators. After all contracts are signed and verified, the onboarding process will begin: co, sambasafety l7 • You will receive a Welcome Letter providing you with the n ame of your Onboarding Specialist, instructions and next ste p s • Your Onboarding Specialist will work with you on your group structure and account setup. • Your Onboarding Specialist will work with you on the n ecessary driver data and will perform your initial driver u pload. • Your Onboarding Specialist. in coordination with our Training and Development team, will provide training (1:1 and/or recorded training) on how to use the system as well as provide you with various resources on the platform. After the initial onboarding process.. your account will be transitioned to our Customer Support teams, who are experts focused on providing exceptional customer service and technical support. Our Customer Support teams handle inquiries on topics such as motor vehicle records. state - specific information. account functionality and other technical support for SambaSafety software. e. Provide details of any subcontracting arrangements that will come into effect if vendor is awarded the business outlined in this RFP. Not applicable. SambaSafety does not use subcontractors. sambasafety Project Plan sambasafety Project Plan a. Provide a proposed project plan detailing all of the tasks and associated timelines and milestones. A complete outline must be provided by the vendor that demonstrates the following considerations: • Understanding of the project requirements and deliverables • Hardware Server requirements • Technical approach to the project • Organization and managerial competence • Work plan and project controls • Payment milestones Weld County Project Plan.pdf.jpg SambaSafety works with each customer to collaborate and document implementation goals (work plan). Our standard onboarding process begins with compliance and review which includes preparing necessary state documents and assigning an onboarding representative to ensure the client is onboarded within the agreed upon timeline. Next, SambaSafety will plan and prepare the account which includes a client kick-off call. provisioning the account, submitting necessary state documents and bringing in the API consultant to provision custom APIs if required. The account then is setup and tested internally to ensure all criteria is met. All end users will be trained, and follow-up calls are scheduled as necessary. After implementation is complete, your account will transition to our Customer Care team who is available to answer questions and assist with issues that may arise along the way. Our Success team is ranked among top performing software companies and we hold a 97 percent customer retention rate. This is a direct result of our ability to quickly respond to customers and resolve any issues they experience. The SambaSafety Implementation Specialist, CSRs, and AM will all engage with the Weld County's team to gain an intimate understand of their day-to-day responsibilities, work -flows, and processes as it relates to driver risk management. The SambaSafety team will aim to tailor its partnership and support in such a way that minimizes the administrative time required by Weld County associates. The sambasafety 20 SambaSafety solution and dedicated support team is designed to streamline workflows and time -spend by our customers. sambasafety 21 County Responsibilities sambasafety County Responsibilities $1.00 SambaSafety MVR service fee charged in addition to MVR state fees. 464, sambasafety I Additional nformation sambasafety Additional Information a. Provide vendor's standard contract template. [�l SambaSafety MSA Template.pdf b. ADA Compliance with Sections 508 and 255 — Provide a statement of acknowledgment or completion of a Voluntary Product Accessibility Template (Vpat) indicating compliance with Section 508 (of the United States Workforce Rehabilitation Act of 1973) and Section 255 (of the Americans with Disabilities Act) standards. ADA Section 508 and 255 are not applicable to the services that are the subject of this bid submission. c. Provide a signed Vendor Certification document (from Appendix B of this RFP.) b= Appendix_B_Vendor_ Certification_CompletE d. Provide a CJIS Security Addendum Certification, if applicable (from Appendix C of this RFP) Not applicable. e. List details of any litigation the vendor or any of its subsidiaries or affiliates has had in the past three (3) years as well as any that are currently in litigation. From time to time, Safety Holdings Inc. may be a party to litigation. At this time, Safety Holdings Inc. is a party to non- material litigation in a handful of cases in Arizona and California. All these matters pertain to consumer disputes filed pursuant to the Federal Credit Reporting Act and we do not consider such litigation to be material or to have any impact on our ability to provide services. f. Provide any additional information that will aid in evaluation of the Contractor's qualifications with respect to this project. Include any relevant vendor -supplied specifications and data sheet. I�l • ADDENDUM _1 General - Evidence of CONTINUAL MOTOR Insurance.pdf sambasafety rn7os &FI 2022-SOC2Report-Sa 2024 W9 Samba mbaSafety.pdf Holdings Inc Remit.pc 25 Technical Specifications (Section 5.2) Response to Technical Specifications from Section 5.2 in this RFP sambasafety 26 Include the responses to all technical specifications that are outlined in Section 5.2 (spreadsheet) in the Vendor Response Form. Note that there are multiple tabs in the Vendor Response Form spreadsheet. N NI OP -- Vendor Response Form Samba_Weld Cc sambasafety REQUIRED COMPLIANCE FORMS SAMBASAFETY PERMISSIBLE PURPOSE DISCLOSURE Permissible Purpose. Upon the terms, and subject to the conditions set forth in the Master Services Agreement, Safety Holdings, Inc. ("SambaSafety") grants to Customer for the license period, a limited, nonexclusive, nontransferable, and revocable license to access the SambaSafety System only for the following purposes (check all that apply): ❑ CDL Employer: For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under state or federal law. ❑ Employment Signed Release: For use by a business, its agents, employees, or contractors for employment purposes, if the requester obtains the written consent of the individual to whom the information pertains. 0 Government: For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions. Customer certifies that 1. Customer shall use the Services for the sole and exclusive purpose(s) Customer has selected above and for no other purpose; and 2. Customer will only use the Services for its own use and Customer is the end user of the Services. Customer certifies that when requesting Services for Emplovment purposes, Customer will: 1. Prior to requesting a report, provide a written disclosure to the employee or prospective employee in a document consisting solely of the disclosure that Services may be obtained for employment purposes; 2. Prior to requesting a report, obtain express written consent from the employee or prospective employee prior to obtaining any Services which explicitly authorizes the retrieval and use by Customer, its agents or contractors of any Information Services regarding the particular employee or prospective employee in question; each submission of an order is a certification that the disclosure was provided, and authorization has been obtained. 3. Provide the employee or prospective employee a notice, along with a copy of his or her report and a summary of rights under the FCRA before taking adverse action; and 4. After taking adverse action, provide the employee or prospective employee a notice that adverse action has been taken along with a copy of the report and summary of rights under the FCRA. 5. Not use the Services in violation of any employment equal opportunity laws. This includes any laws generally known as "Ban -the - Box". Customer certifies that it will not order a report until allowed under these laws. Customer acknowledges it is aware and will comply with all of the requirements of the Fair Credit Reporting Act ("FCRA"), and has downloaded a copy of the documents found under the heading "Consumer Disclosures" at https://www.sambasafety.com/msa. Customer understands that there are legal requirements and responsibilities when taking adverse action based in whole or part on consumer reports. Customer understands and agrees to comply with adverse action procedures required by the FCRA including requirements to provide a preliminary adverse action notice to consumers, along with a copy of the consumer report and A Summary of Your Rights Under the Fair Credit Reporting Act, allowing the consumer a designated period of time to contact the CRA if consumer wishes to dispute any information in the consumer report or to provide mitigating information to you, providing CRA contact information and providing a final adverse action notice to the consumer if a final adverse employment decision is made. Customer understands that SambaSafety is not legal counsel and cannot provide legal advice. Customer should work with counsel to develop an employment screening program specific to your needs. It is necessary for Customer to work with counsel to ensure that Customer's policies and procedures related to the use of CRA-provided information are in compliance with applicable state and federal laws and your legal responsibilities. I hereby certify that I am a legally authorized representative of Customer, and I hereby obligate Customer to the terms and conditions listed above: APPROVAL Signature Kevin D. Ross Name Board of Weld County Commissioners OCT 1 6 2024 Date Chair Title Company Name 2oZL)-O c Contract For Entity Information Entity Name * SAMBA HOLDINGS INC Contract Name* SAMBA SAFETY CONTRACT Contract Status CTB REVIEW Entity ID* @000486S1 Q New Entity? Contract ID 8780 Contract Lead* BPETERSON Contract Lead Email bpeterson@weld.gov Contract Description* CONTINUAL MOTOR VEHICLE RECORD MONITORING FOR WELD COUNTY EMPLOYEES Contract Description 2 Contract Type * AGREEMENT Amount* $89,148.28 Renewable* YES Automatic Renewal Grant IGA Department HUMAN RESOURCES Department Email CM- HumanResources@weld.g ov Department Head Email CM-HumanResources- DeptHead@weld.gov Bid/RFP #* County Attorney #B2400055 GENERAL COUNTY ATTORNEY EMAIL Requested BOCC Agenda Date * 10/16/2024 Parent Contract ID Requires Board Approval YES Department Project # Due Date 10/12/2024 Will a work session with BOCC be required?* HAD Does Contract require Purchasing Dept. to be included? YES County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date" 09/01/2025 Committed Delivery Date Renewal Date" 10/01/2024 Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 10/14/2024 Approval Process Department Head JILL SCOTT DH Approved Date 10/14/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/16/2024 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 10/14/2024 10/14/2024 Tyler Ref # AG 101624 Originator BPETERSON MEMORANDUM 5/Z TO: Esther Gesick, Clerk to the Board May 15, 2024 FROM: Jill Scott, Chief Human Resource Officer SUBJECT: B2400055, Continual Motor Vehicle Record Monitoring BOCC Approval Date: 6/13/2O24 5/20/2024 Proposals were received and opened on April 8th, 2024 for Continual Motor Vehicle Record Monitoring Software. One proposal was received for $100,140.28 for year one with annual maintenance of $96,768. Attached is the bid tabulation for your information. We're seeking a software that will provide continual motor vehicle monitoring for all Weld County Employees that must operate either a county owned vehicle or personal vehicle to perform their regular job duties. As the county works to reduce risk, we are also requesting that the software provide on demand training opportunities for all drivers. The proposal was reviewed by Human Resources and the scoring of the RFP response is attached. The results of the Committee Evaluation (attached) show SambaSafety, out of Denver, Colorado meets the outlined requirements. After receiving Samba Safety's best and final offer, their cost of $89,148.28 will be for the initial cost of the software licenses, first year of support and required professional services, with a cost of $85,236 for annual maintenance after year one. With the above information, I recommend the BOCC award the Continual Motor Vehicle Record Monitoring Software to SambaSafety for a total amount of $89,148.28. Mog i�0O3b Attachment Summary of Committee Member Scorin Contractor Name 9 Member #1 RFQ/RFP Score Member #2 RFQIRFP Score Member #3 RFQIRFP Score SAMBA 71 71 68 WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverettCcaweld.gov cgeisert weld.gov ttavlor(aiweld.gov Phone: 970-400-4222, 4223 or 4454 DATE OF BID: APRIL 8, 2024 REQUEST FOR: CONTINUAL MOTOR VEHICLE RECORD MONITORING SOFTWARE DEPARTMENT: WELLNESS & SAFETY BID NO: B2400055 PRESENT DATE: APRIL 15, 2024 APPROVAL DATE: MAY -1-3,2024 MAY 20, 2024 VENDOR SAMBA SAFETY DEPT LA 24536 PASADENA, CA 91185-4536 THE INFORMATION TECHNOLOGY AND SAFETY & WELLNESS ARE REVIEWING THE BIDS. 5/M 20Z�-oM FE003(o WELD COUNTY, CO Memorandum To: Board of County Commissioners From: Jill Scott, Kelly Leffler Date: 5/6/24 Subject: Continual Motor Vehicle Monitoring B 2400055 Human Resources is requesting an extension for approving Bid #62400055, as we work toward completing the review process. We will plan to provide a recommendation on Monday, May 20th . Thank You, Jill Scott, Director of Human Resources Kelly Leffler, Risk Manager zo24-Qlo$ PEoo3u, WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett(S weld.gov cgeisert(aiweld.gov ttavlor(iweld.gov Phone: 970-400-4222, 4223 or 4454 DATE OF BID: APRIL 8, 2024 REQUEST FOR: CONTINUAL MOTOR VEHICLE RECORD MONITORING SOFTWARE DEPARTMENT: WELLNESS & SAFETY BID NO: B2400055 PRESENT DATE: APRIL 15, 2024 APPROVAL DATE: MAY 13, 2024 VENDOR SAMBA SAFETY DEPT LA 24536 PASADENA, CA 91185-4536 THE INFORMATION TECHNOLOGY AND SAFETY & WELLNESS ARE REVIEWING THE BIDS. 2024-0868 4/15 ()03Co Hello