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HomeMy WebLinkAbout20231174.tiffCon-l'voac- l Dt# 1'51 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND HSGovTech/HS Cloud Suite THIS AGREEMENT is made and entered into this 16th day of May, 2023, by and between the Board of Weld County Commissioners, on behalf of Information Technology Department, hereinafter referred to as "County," and [HSGovTech/HS Cloud Suite], hereinafter referred to as "Contractor". 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. B2300060. Exhibit B consists of Contractor's Response to County's Request. Exhibit C - Environmental Health and Code Enforcement Scope of Work Exhibit D - Service Level Agreement (SLA) Exhibit E - Contract Fees and Payment Schedule Exhibit F - Standard Insurance Coverages 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 comenfi IqGjac9x- e&, Lo/z71/23 G/olS7,23 2023— TOOL 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 $ 85,200.00 (including the first year of support), and $28,008 as annual reoccurring fees as set forth in the Exhibits. 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 2 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 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 3 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. Types of Insurance. 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, 4 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; $2,000,000 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 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. 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 or damage received or sustained by any person, persons, 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, 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. 5 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. 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 required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees 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 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: Cameron Garrison Position: Director of Operations Address: 436 East 36th Street Ste 53 Address: Charlotte, NC 28205 E-mail: Cameron@hscloudsuite.com Phone: 980-309-1749 TO COUNTY: Name: Jacob Mundt Position: Director of Applications, Web and GIS Address: 1401 N 17th Ave Address: Greeley, CO 80631 E-mail: jmundt@weld.gov Phone: 970-400-2521 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. 6 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. 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. 7 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E - Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor 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. Contractor shall not terminate the subcontract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor 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 Contractor fails to comply with any requirement of this provision or of C.R.S. §8- 17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor 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 Contractor receives federal or state funds under the contract, Contractor 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 contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United 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. 31. 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. 32. 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. 8 Exhibit A — B2300060 RFP to Replace Envision Connect 9 EXHIBIT eaarl.as Weld County Request for Proposal: #B2300060 Envision Connect Replacement Weld County Department of Information Technology ATTN: Jeannine Allen RFP # B2300060 / Envision Connect Replacement PO Box 758 / 1401 North 17th Avenue Greeley, CO 80632 Key Vendor Deadlines Notice of Intention 2/21/2023 10:00 AM MST/MDT Technical Questions / Inquiries 2/28/2023 10:00 AM MST/MDT RFP Responses 3/15/2023 10:00 AM MST/MDT 10 Template -IT RFP 2023 1.0 Weld County Request for Proposal -RFP# B2300060 Envision Connect Replacement Table of Contents 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 12 6 VENDOR PRICING 13 7 WELD COUNTY INFORMATION TECHNOLOGY SOFTWARE AND SERVICES CONTRACT RIDER 13 8 ADDITIONAL TERMS & CONDITIONS 17 8.1 NON -DISCLOSURE AGREEMENT 17 8.2 COSTS 18 8.3 INTELLECTUAL PROPERTY 18 8.4 VENDOR'S RESPONSES 18 8.5 GOVERNING LAW 18 8.6 DISADVANTAGED BUSINESS ENTERPRISES 19 8.7 PROCUREMENT AND PERFORMANCE 19 8.8 TERMINATION 19 8.9 WARRANTY 20 8.10 TAXES 20 8.11 No LIABILITY 20 8.12 ENTIRE RFP 20 9 INSURANCE REQUIREMENTS 20 APPENDIX A: NOTICE OF INTENTION 23 APPENDIX B: VENDOR CERTIFICATION 24 5/18/2023 2:29 PM Page -2 HEE-1409 Weld County Request for Proposal - RFP # 62300060 Envision Connect Replacement 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 an Envision Connect Replacement. The purpose of this Request for Proposal (RFP) is to invite prospective vendors to submit a proposal to supply a Envision Connect Replacement 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". 5/18/2023 2:29 PM Page -3 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement 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 2/14/2023 "Notice of Intention" Deadline 2/21/2023 10:00 AM MST/MDT Technical Questions/Inquiries Deadline 2/28/2023 10:00 AM MST/MDT RFP Addendum (all RFP questions answered) 3/3/2023 Submission Deadline for RFP Responses 3/15/2023 10:00 AM MST/MDT Virtual Demos 3/27/2023 — 3/31/2023 Anticipated Post -Award dates: Final Award Notification Contract Negotiations Complete Implementation Start Date Implementation Completion Date 4 Proposal Preparation Instructions 4/28/2023 5/31/2023 6/1/2023 9/15/2023 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: Jeannine Allen E-mail: fallen@weld.gov Telephone: (970) 400-2548 Weld County Department of Information Technology 5/18/2023 2:29 PM Page -4 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement ATTN: Jeannine Allen PO Box 758 / 1401 North 17th Avenue Greeley, CO 80632 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 Jeannine Allen 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 RFP, 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: Jeannine Allen fallen@weld.gov Subject Line: B2300060 / Envision Connect Replacement 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. 5/18/2023 2:29 PM Page -5 HEE-1409 Weld County Request for Proposal -RFP# B2300060 Envision Connect Replacement 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. RFP proposals must be delivered via email to the email address listed above on or before 3/15/2023 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 the 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. 5/18/2023 2:29 PM Page -6 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement 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 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 Envision Connect Replacement. d. Provide information on vendor's current clients, including the total number of current clients they have provided Envision Connect Replacement or substantially similar solutions. 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) 5/18/2023 2:29 PM Page -7 HEE-1409 Weld County Request for Proposal -RFP# B2300060 Envision Connect Replacement 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 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 Jeannine Allen 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 Envision Connect Replacement as identified in this RFP. 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 Envision Connect Replacement based on an evaluation of all qualified proposals. 5/18/2023 2:29 PM Page -8 HEE-1409 Weld County Request for Proposal -RFP # B2300060 Envision Connect Replacement Qualified proposals will be evaluated on the following weighted criteria: Evaluation Criteria Evaluation Standards Score % Technical Architecture & Security • Proposed product has underlying technical architecture which will work within the constraints of Weld County's technical environment. • Proposed product meets Weld County's security requirements. • Proposed vendor product roadmap maintains the product's security posture over the lifecycle of the product and will regularly work with Weld County to evaluate and address security concerns. Proposed vendor product roadmap shows continued investment in product development over the lifecycle of the product. 20 System Capabilities & Alignment with Business Needs Vendor's proposal displays capacity and capability to meet the expectations outlined in the project scope and objectives. Proposed product meets technical and functional requirements as stated in RFP. Proposed product aligns with the business needs of Weld County. • Vendor's project plan meets the necessary deliverables and deadlines outlined in RFP. 30 Demo Product demo verifies existence of required functionality. Product performance and ease of use meets Weld County's requirements. • During demo, Vendor displays an understanding of the project requirements, objectives, and deadlines. 20 Proposed Pricing & Licensing Model Costs and licensing model are disclosed within the response and are both reasonable and consistent with the project goals. Maintenance Costs (or subscription costs) are disclosed within the response and are both reasonable and consistent with the project goals. • Professional services cost (if required) and work hour estimates contain sufficient detail to ensure project goals are met. 30 • % for individual categories will be adjusted so that the total adds up to 100%. 100% 5/18/2023 2:29 PM Page -9 HEE-1409 Weld County Request for Proposal -RFP# B2300060 Envision Connect Replacement Note: All respondents must initially represent themselves solely by their written submittal. The responses to this Request for Proposals will be reviewed by an Evaluation Committee. Based upon the Evaluation Committee's findings, interviews and/or demos may be conducted with a short-list of vendors who have submitted qualifying proposals. 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 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. 5/18/2023 2:29 PM Page -10 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement 5 Project Overview 5.1 High-level Overview Weld County is requesting a software solution for approximately 50 users for our Environmental Health Services to assist in managing Program Groups (Food, Child Care, Schools, Body Art, and Ambulances). This includes tasks such as tracking, permitting, inspections, invoicing, payments, and reporting. We are in search of a packaged solution that will allow for resulting inspections in the field, allow for the posting of restaurant inspections on the Internet and to groups such as Yelp, and allow for tracking of employee information (e.g., user roles and time). Weld County desires a solution that allows for some customization (e.g., creating custom fields, custom forms, custom reports, and the ability to make system changes as regulations change). In addition, Weld County would like to track facility information for Vectors and Household Hazardous Waste within the software solution. Detail technical specifications are included in the Vendor Response Form in Section 5.2 of this RFP. Weld County's overall IT environment is set-up as follows: The following is a high-level description of our current technology environment: 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 Server Hardware Cisco UCS Server Operating Systems VM Servers, Microsoft Server 2016, 2019, and 2022 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 Latest supported versions/service packs of: • Microsoft SQL Server 2017, 2019 Anti -Virus Crowdstrike Printers File Shares Canon MFDs, HP, Dell Windows Print Service 5/18/2023 2:29 PM Page -11 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement VPN Access Fortinet Forticlient Account Management Microsoft Active Directory, Azure AD Data Protection EMC Avamar, Data Domain, IDPA Mobile Devices Dell, HP, Panasonic, iPads, iPhones, Androids 'updated 1/15/2023 5.2 Technical Specifications Technical specifications for requested Envision Connect Replacement are contained within the Vendor Response Form (attached below). Vendors should fill out the Vendor Response Form in its entirety. The Vendor Response Form contains 6 worksheets: • General • Technical • Security • Reporting • Integration • Workflow Vendor Response Form 2-10-23.xlsx 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 5/18/2023 2:29 PM Page -12 HEE-1409 Weld County Request for Proposal -RFP # B2300060 Envision Connect Replacement 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 Envision Connect Replacement. 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. 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 CONTRACTOR'S 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 5/18/2023 2:29 PM Page -13 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement 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 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. 5/18/2023 2:29 PM Page -14 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement 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 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 5/18/2023 2:29 PM Page -15 HEE-1409 Weld County Request for Proposal -RFP# # B2300060 Envision Connect Replacement 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 or 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, 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. Contractor further agrees and understands that the laws of the State of Colorado prohibit the County from indemnifying any person or entity, public or 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. 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. 5/18/2023 2:29 PM Page -16 HEE-1409 Weld County Request for Proposal - RI=P # B2300060 Envision Connect Replacement 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, 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. 7.19 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. 7.20 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. 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. 7.22 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. 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. 5/18/2023 2:29 PM Page -17 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement 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. 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 under the subsequent contract. Successful vendor will confirm the employment eligibility of all employees 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 5/18/2023 2:29 PM Page -18 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement 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, undertaken 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 employee, 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 operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United 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. 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. 5/18/2023 2:29 PM Page -19 HEE-1409 Weld County Request for Proposal -RFP # B2300060 Envision Connect Replacement 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 • 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 5/18/2023 2:29 PM Page -20 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement 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 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 5/18/2023 2:29 PM Page -21 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement 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 extended 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 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. 5/18/2023 2:29 PM Page -22 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement Appendix A: Notice of Intention NOTICE OF INTENTION REQUEST FOR PROPOSAL RFP # B2300060 / Envision Connect Replacement DUE 2/21/2023 10:00 AM MST/MDT From: (VENDOR ORGANIZATION NAME] ;RE SENIGVT';VEI T E E0i0O,NE NO [E-MAIL] [VENDOR ORGANIZATION NAME] intends to respond to Weld County Request for Proposal # B2300060. TO: Weld County Department of Information Technology ATTN: Jeannine Allen RFP 432300060 / Envision Connect Replacement PO Box 758 / 1401 North 17th Avenue Greeley, CO 80632 Email: jallen@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. 5/18/2023 2:29 PM Page -23 HEE-1409 Weld County Request for Proposal - RFP # B2300060 Envision Connect Replacement 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 # B2300060 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 3/15/2023. 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: 5/18/2023 2:29 PM Page -24 HEE-1409 Exhibit B — Healthspace's Response to B2300060 10 Weld County Request for Proposal: #B2300060 SUBMITTED BY: Cameron Garrison. Executive Director of Growth & Operations HS GovTech Solutions (formerly HealthSpace USA) Weld County Department of Information Technology ATTN: Jeannine Allen RFP # B2300060 I Envision Connect Replacement PO Box 758 / 1401 North 17th Avenue, Greeley, CO 80632 Key Vendor Deadlines Notice of Intention 2/21/2023 10:00 AM MST/MDT Technical Questions / Inquiries 2/28/2023 10:00 AM MST/MDT RFP Responses 1 3/15/2023 10:00 AM MST/MDT Weld County Request for Proposal - RFP # B2300060 1. Cover Letter From HS GovTech Page -2 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 Executive Summary - Introduction to HS GovTech Thank you for the opportunity to participate in this request for proposal (RFP) for Weld County. HS GovTech is honored to participate in this process and to submit this proposal. We have recently rebranded our company from the previous name — HealthSpace USA. This is simply a rebranding process to be aligned with our clients and their main tasks. Founded 23 years ago, HS GovTech has grown into the premier provider of web -based and mobile solutions for Environmental Health (EH) Departments across North America. HS GovTech has by far the largest user base of environmental health departments of any company in North America. At any one time there are thousands of EH officials who are using our product concurrently around North America. HS GovTech has over 800 city/county, and state environmental health departments using our highly configurable commercial -off -the shelf (COTS) product. We are proud of the fact that HS GovTech has the largest portfolio of statewide EH deployments of any company with a product in this market. Some of our large statewide EH clients include; the State of Virginia, Tennessee, West Virginia, Oregon, Wisconsin etc. (see references for full list). We are also the choice of some of the largest City and County EH Departments around the country - including the City of San Francisco, Orange County CA, City of Dallas, Cleveland Ohio, Memphis, TN, and hundreds of others. This growing, and diverse client base has been achieved by providing our clients best in class technology, with continual innovation, provided by the most experienced staff in the environmental health sector. Environmental Health solutions is why HS GovTech was founded 23 years ago, it is not only all we focus on, it is our passion, it is in our DNA. Unlike many other government services companies - that through acquisitions and corporate growth strategies - have moved their core focus and investment into other government sectors outside of EH, we have stayed with our founding principles and our core competency. A product suite that is built to serve multiple, very different agencies, is a product that we believe is full of compromises that can harm the efficiency of EH professionals. With 97 full time employees, HS GovTech has the largest, and most experienced, team ever built to serve the Environmental Health community as they carry out their crucial public health mission. Our flagship product - HSCIoud Suite T"" platform is the solution proposed herein to be used for all programs. This includes all the program areas regulated and requested in this REP. Our HSCIoud Suite• platform - is the most modern, configurable, and flexible solution for large scale, complex, implementations in Environmental Health. The programs in the proposed scope have all been implemented numerous times in other large state deployments, meaning the state is not trusting the critical services they provide to a system that is trying something for the first time. The HS GovTech Difference: One of the things that sets HS GovTech apart is our staff and their expertise. Our team has over 500 years of combined experience working with EH departments to meet their needs and provide solutions that make their departments more efficient, transparent, and help extend and improve the services they can provide the public for each budget dollar spent. In 2014, HS GovTech felt that innovation had stagnated in EH software. The company felt strongly that a new investment was needed, as in a period of just 7 years (2007-2014) the landscape had changed from flip phones to smartphones - from clunky laptops to sleek tablets such as iPad. We leveraged our years of experience serving EH departments, along with the investment of more than $15 million dollars in what we internally referred to as a "moonshot" initiative to make sure that environmental health was not left behind in a rapidly evolving - and increasingly mobile and web driven - world. This vision and investment set the stage for the biggest leap in innovation in environmental health software in twenty years. From HS GovTech Page -3 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 The newest version of our system, HSCIoud Suitee. - which is the solution being proposed for Weld County - reflects this innovation, and all our years of experience, combining the latest in cloud -based technology, as well as mobile app technology for iPad, Android and Windows devices for field -based work tasks. Not Just a Vendor - A Partner: Think of HS GovTech as an extension of your staff. We do not need "ramp up time" to get to know how environmental health specialists' work. We do not talk to our clients in "tech speak," but as expert partners in our client's important environmental health mission. It is an important distinction because the best tech minds in the world do not mean much if they do not understand your job, and how you use our product every day. Nothing is more frustrating than calling a vendor with a question or for support, and realizing the person on the other end of the line does not have a real understanding of what you do or how you do it. Our knowledge base, and core competency in EH gives us the key advantage of being able to collaborate with our clients to add value at all stages of the process. With hundreds of successful implementations, including numerous statewide deployments, HS GovTech brings unique experience that greatly enhances the success of a large project such as this, by being able to provide Weld County valuable perspective and lessons learned from other similar EH implementations - including in border states and local agencies. This results in a better outcome by creating a better configured "custom without custom code" system, and avoiding some of the challenging chaos large technology projects can be known for at the same time. Our team knows that our clients are frequently asked to work on ever tighter budgets, while at the same time being asked to perform more EH services for the public. Whether issuing a permit, investigating a complaint, performing an inspection in the field (including offline - using iPads, or Windows devices) or running analysis and reports on your data, we understand the vitally important role that environmental health departments play in their communities, and we are pleased to provide the tools to help in that mission - all in a user-friendly, reliable, and directly in a web browser. We take our responsibility to make our clients' lives easier - and more effective - very seriously, and it shows in our track record of service. HSCIoud Suite TM - has an RFP award rate of over 98%. But more importantly, HS GovTech has the highest customer retention rate of any company serving this market in the last 23 years. That is something we are immensely proud of because it is only achieved by providing great support after the sale and initial implementation of our products and services. It is also a track record that can only be achieved over such a long period by investing in continual innovation while never forgetting who you are innovating for. We believe our track record shows, not only the true value HS GovTech provides as a partner, but the passion that we have for serving our partner EH agencies. On behalf of all of us at HS GovTech, thank you for the opportunity to bid on your project, and for the time you will spend reviewing our proposal. We look forward to the opportunity to - if so honored - demonstrate our product and show Weld County the HS GovTech difference. *Note for readers: We have tried to balance wanting to provide detailed information about our company and product - we could go on interminably, as all vendors that are proud of their product could - against being careful to not monopolize reviewers' limited time, and to comply with formatting requests. We understand this is a large document and you have multiple submissions to review. With the immense flexibility of our system - and its nearly unlimited configuration options, including the ability to flexibly configure how Weld County ultimately wishes to implement this project - and by considering our best practices from other large similar implementations - we tried to answer in sufficient detail the questions and provide additional detail we felt would be helpful, and that other agencies have told us was, in the review and award consideration process. From HS GovTech Page -4 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 We are happy to answer any further questions the county team may have, that are appropriate in the context of the procurement evaluation and award decision process. We feel strongly that HS GovTech is an excellent fit for the requirements laid out in this RFP and have it all in an off the shelf environment. All functionality described in this response is available to demonstrate, if selected to do so, or answer questions in an interview if selected to do so. t! /L9rL ya4.4ldBYL Cameron Garrison Executive Director of Growth and Operations, HS GovTech Solutions, Inc. Proposed Solution Overview: Our flagship platform first deployed in 2015 - HSCloud Suite TM - is the first low code/no code, highly configurable, web -based application ever developed specifically for Environmental Health. HSCloud Suite TM is the only solution on the market that can be fully customized (as if it is custom built) through configuration, without custom code or extensive customer consulting work. In the case of this RFP's Scope of Work, we have deployed these program areas in multiple statewide deployments that mirror how your agency is structured. We have templates that would provide functionality off the shelf, but the state can choose from multiple templates, and then those templates can be easily modified to allow the state to do something truly unique and different from any other state, if they so choose. This rapidly deployable solution is economical, but with the feel, functionality, and performance of a fully custom-built enterprise solution. Four Core Components in the HSCloud Suite" 1. HS Cloud Suite'. Online Enterprise Application The HSCloud Suite T" product (HSCloud) is the first ever completely configurable web -based application for public health departments. The reason our configurability options are so unique is because we are now able to allow our clients to do configuration that has historically required custom code, and still does for most other products in the government tech space. Being able to configure, without writing new custom code, for unlimited options, and your agency -specific features, is a very key point, because while the core mission of each of our EH clients is similar, each department has their own unique way of doing business in compliance with the codes and regulations and related statutes. This "similar" - but not the "same" - situation is what led us to develop HSCloud Suite TM. No two departments collect the exact same data, or in the exact same way. "Similar to" is simply not good enough. So, HSCloud Suite TM allows the department to collect the exact fields, on their exact forms, with their own business rules, exactly the way that they want to, for all the program areas they regulate. There are never any fields in the application that you're asked to "use as is" or "ignore - or leave blank - if you don't need it" Even down to the names of the fields you put data in, everything is configured for your agency and what you call it at your agency. This makes all elements of the system instantly recognizable to all staff in your agency. This makes a substantial difference in user friendliness, lessens user frustration during go -live, increases acceptance by staff, and avoids complicated and costly extra training time spent trying to reprogram your staff to do business the way the software wants it to be done. Instead, HSCloud From HS GovTech Page -5 RFP 82300060 Weld County Request for Proposal -RFP # B2300060 Suite'" is configured to function and do business the way you want to. We believe you should dictate how your system works for you, not the other way around. This is something we have focused heavily on as a direct result of client feedback about their frustrations with past system implementations with other vendors. HS GovTech allows agencies to generate exact forms to be printed, emailed, or faxed out of the system, such as: inspections, complaints and investigations, invoices/renewals, permits etc. instead of generic forms, or computerized "approximation" of forms. In fact, as part of our work in replying to this RFP, and if needed, we can set up a system instance where we use some of your agency's forms into the system and can demo examples of forms to you. This rapid configurability results in much faster implementation times than traditional software vendors can provide. It also provides for a much more satisfactory end product than other vendors in this market have been able to provide. HSCloud Suite T° is the core of the system, the nerve center for your department, with all functionalities accessible 24070365 in a browser, with seven -nine (99.99999%) uptime. This proposal includes a fully configurable system that Weld County is requesting to effectively manage your programs and your staff including the following programs as listed in the RFP: Food Child Care Schools Body Art Ambulances Vectors Household Hazardous Waste Tasks such as these are readily available in the solution: Tracking Permitting Inspections Invoicing Payments Reporting Our System also provides the following standard features and capabilities for all programs including, but not limited to: Scheduling and employee tracking capabilities (mapping and routing abilities) Field inspections on iPads, Android, or Windows devices. The field application can work completely disconnected without an internet connection Billing and Financial module and tools (with available embedded PCI tier 1 credit card processing) and integration for external systems needed for processing and exchanging financial and other information Complaint and investigation management (for all programs in the RFP) The most intuitive and powerful ad -hoc reporting tools available for EH. If you collect data in any of your programs, you can run a report with just a few clicks without any knowledge of databases or query writing. We also support data lake integration, as well as support for 3rd party BI solutions such as PowerBl, Tableau, etc. Integration to third party systems as required Unlimited document storage - including photo/video/audio files From HS GovTech Page -6 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 SSO - single sign on - included that allows the agency to tie login to HSCIoud Suite'. for their users to their active directory. All main platforms and protocols for SSO (from Azure to Okta etc.) are supported by the platform Fully integrated "two-way" communication tools that allow an authorized user to send emails or text messages to any contact in the agency's database. Two way means that if a user is on the license file for a restaurant and they need to check with the manager about something from the last inspection, they can email or text the manager right from the restaurant's facility/license/permit file in HS Cloud SuiteTM and the system logs the communication with the facility. When the manager receives the message, they can reply to it and the reply will also be logged and stored with that facility's records for transparency and consistent access to all relevant information on one screen. The two-way communication tool also supports broadcast email and text ability. This became very key in the Covid19 related pandemic as EH departments had to communicate quickly within the regulated community. For example, if you needed to send a communication to all restaurants in jurisdictions (updated guidance on new pandemic restrictions or protocols), it can be done by putting one message together - select the list(s) of contacts you wish to include - and send the guidance/message one time. New full HD video (with Al transcription enabled), video conferencing that is fully integrated into the solution allowing the first true ability to perform "virtual inspections." With a network uptime of 99.99%, the HSCIoud web app is available 2407 from anywhere you may be. Get a request for information, or for a report from political leadership, one evening or on a weekend? No problem - authorized staff can login from home, or anywhere with a web connection to run a report or perform any aspect of their job. All inspections, or other data, performed by your agency using HSCIoud Suiten" can be automatically posted to the web for the public - on URL of your choosing - based on rules and guidelines your agency wants to use to post such information online. HS GovTech can provide a password protected online portal for constituents that own facilities (or licenses) regulated. This online portal allows facility operators to log in and interact with your agency (for example, accessing permit information, applying for permits, paying fees, fines etc.) at no additional cost. Another big advantage of HSCIoud Suite T., is that as a web -based hosted application, it requires no additional investment in separate software licenses, or hardware infrastructure (other than mobile tablets for field staff) of any type to fully run the system. All implementing costs are included in our fixed price, with no surprises or third -party purchases required. Integration and interoperability are another strength of the system. Any data in HSCIoud Suite TM can be exported, and/or, integrated - via real time or batch updating - to or from the system. We have a lot of experience converting data from the current solution the state is using — Envision Connect and our data team has scripts and processes for the specific data structures of the product. 2. HS Touch mobile app Once you have implemented the system, staff can simply download the app from the Apple or Microsoft App store or install it on a Windows device. When the app downloads, the inspector logs in with their unique user ID and password and the app automatically configures with your department's forms, codes, and data. From there, your staff is ready to begin to securely use an iPad, Android tablet, or Windows device, to perform inspections and many other job duties in the field. Each license type and associated forms required in this RFP are available for your field staff to perform their jobs using those forms, whether it is complaint investigations, notices of violations, inspections, From HS GovTech Page -7 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 etc. on mobile devices in the field. These mobile tools allow staff to perform their day-to-day job using devices they are already familiar with and use in their own daily lives. The field app has many additional powerful features. For example, it allows for pictures to be taken in the field using the device's camera and seamlessly included in inspections or other documents you need them in - these photos can be annotated and drawn on - it can even accommodate video. The mapping software, native to all tablets, can be tied into the scheduler and the scheduler routing tools, helping field inspectors order their day more efficiently and within the priority categories and policies of your department. Also, having a tablet - or other device - allows you to stay connected with your staff electronically through the day by sending alerts to one, several, or all your team in the field at any time. Alerts can also be sent to staff cell phones in the field, if needed. The mobile Apps can operate in a "disconnected" mode in the field. If you choose not to buy a data plan for your field staff, or if the connection they have is weak, the system runs all features for field inspectors fully offline. Once the field staff have an active internet connection, they can simply sync and the data collected while in the field is loaded into Weld County's main HSCIoud Suiters. All data syncs - both up and down - are fully encrypted, allowing inspectors to connect at public hotspots without concern about the security of your data. The apps are native for Apple iOS and Windows devices and the client can choose the platform(s) they wish to use. Weld County may also choose to mix and match hardware. For example, some field staff could be on Windows devices, while others have a combination of iPad and Windows based laptops and tablets. There is no additional cost for using multiple hardware types in the field - other than the cost of the hardware devices you choose to procure. This allows you to "test" various devices over time to decide long term which devices are best suited for long term needs in the field. The app is as easy to use as any of the dozens of commercial apps your staff are already interacting with on their personal devices every day. So, performing inspections and other required field work, in the HSTouch App, becomes virtually as easy as ordering something online. 3. Robust Reporting Without Writing Queries HSData: The third core component of our system - HSData - is an advanced reporting suite of tools, fully integrated into the web -based application that includes a dashboard of reports you look at and use often. Simple one -click and an updated report is there. It also includes advanced configurable reports to meet the needs of every program in your department, including the ability to allow users to look at their data in new, unexpected ways (ad -hoc) so your department can use your data to answer any question to make program decisions, or answer those random, unpredictable inquiries every department gets from political leaders, the media etc. 4. Citizens Portal: With the HS Cloud Suitero platform being a 100% real time online system, any functionality that you wish to make available online for operators, such as the ability to apply for permits, renew permits, pay fees, manage, and update their account information with the department. There is no middleware, or separate database to maintain, it is all fully integrated in the same powerful solution. The included citizens portal ability also allows you to post information for the general public, including but not limited to inspection result information, general public education information etc. The citizens portal can be configured to include the functionality the deploying agency wishes to include, as well as custom navigation menus, design schemes etc. From HS GovTech Page -8 RFP 02300060 Weld County Request for Proposal - RFP # B2300060 2. Table of Contents From HS GovTech Page -9 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 Contents 1. COVER LETTER 2. TABLE OF CONTENTS 3. PRICING TABLE 4. VENDOR QUALIFICATIONS 5. RESPONSE TO NARRATIVE QUESTIONS FROM SECTION 5.3 IN THIS RFP 6. PROJECT PLAN 7. COUNTY RESPONSIBILITIES 8. ADDITIONAL INFORMATION 9. RESPONSE TO TECHNICAL SPECIFICATIONS FROM SECTION 5.2 IN THIS RFP APPENDIX A: NOTICE OF INTENTION APPENDIX B: VENDOR CERTIFICATION From HS GovTech 2 9 11 13 16 22 26 28 32 34 35 Page -10 REP B2300060 Weld County Request for Proposal — RFP # B2300060 3. Pricing Table From HS GovTech Page -11 RFP 62300060 Weld County Request for Proposal - RFP # B2300060 Template Vendor Response 08-25-2020 Pricing Vendor Response Vendors shall populate the entire table for the implementation costs for their solution. These prices are to remain valid for six months past the Submission Deadline for RFP Responses specified in Section 3. FROM:HS GovTech Solutions, Inc. Costs Comments Year 1 / Initial Cost Annual Maintenance Cost Hardware N/A i 0.00 0.00 Software Licensing Setup includes: Legacy integration, installation, maintenance and support. data, 35,400.00 45,000.00 Third (Middleware) Party Software i N/A N/A Installation Included Included Integration Included Included Legacy Data Loading Included Included Maintenance/Subscription Included Included After-hours support costs *Optional 4800.00* Documentation & Training Included Included Project Management Included Included Consulting Services Included Included Miscellaneous N/A N/A Applicable Discounts State Colorado Annual offset of 0.00 - 16,992.00 Total: $ 35,400.00 $ 28,008.00 Please note: As a highly configurable low code/no code platform, designed specifically for Environmental Health agencies, HS GovTech pricing is determined based on the size of the agency, both in users and in the proposed scope of the programs - and integrations - to be implemented. HS GovTech quotes all implementations as fixed price for the contract scope. as a turnkey, fully delivered system proposal. The software application cost includes all environments (development, test/training. and production) deployed for Weld County, and unlimited user seat license for contract term. All professional services (data conversion, business analysis, configuration and customization, and onsite training) for the fixed price quoted. The Annual fee covers unlimited user seat license. data hosting, security responsibility, updates, maintenance, new feature rollout, support for configuration changes. and support/help desk access. It also includes source code in 3rd party escrow on behalf of the county. From HS GovTech Page -12 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 4. Vendor Qualifications From HS GovTech Page -13 RFP B2300060 Weld County Request for Proposal -RFP# B2300060 a. (For Resellers only) N/A b. HS GovTech - We are a privately held C -Corp with an experienced board of directors in the Environmental Health (EH) market, experienced C -Suite - all with at least 15 years' experience in Environmental Health Solutions Deployment. We started our journey in 1999 to assist the Public Health regulatory agencies and we have been serving the segment exclusively. Currently, there are 102 full time employees in the company and we serve over 800 regulatory agencies across North America (USA and Canada). Early in 2022, our company completed a "rebranding" process when we changed the name of our company from HealthSpace USA to HS GovTech. c. In the recent few years, we have successfully replaced several Envision Connect systems. d. Specific references can be provided to your agency (as needed) for the agencies where Envision Connect was replaced with HSCloud Suite. e. Four (4) current references: Name of Agency Colorado CDPHE Contact name and details (phone/email) Sean Scott 303-692-3422 sean.scott@state.co.us Implementation Date 2020 Summary Enterprise deployment of HSCloud Suite for all activity statewide for. Manufactured food, Dairy, Environmental Agriculture, Retail, Assisted Living, Child Care, Corrections, Artificial tanning. Includes online portal for citizens and entity operators and allows for payments online. All local health agencies (30) have their own agreements to add additional functionality, programs, and configurations beyond the state scope; the state has achieved statewide adoption. Name of Agency Adams County, CO Contact name and details Nick Ingmire 720-523-6148 ningmire@adcogov.org Implementation Date 2022 Summary Enterprise deployment of HSCloud Suite for Food, pools, lodging, schools, body art, sewage, housing, disease surveillance, MyHD (online portal), HS Pay (license fee payment) From HS GovTech Page -14 RFP 62300060 Weld County Request for Proposal - RFP # B2300060 Name of Agency Arapahoe County, CO Contact name and details Carol Jeppsen 303-795-4522 CJeppsen@arapahoegov.com Implementation Date 2022 Summary HSCIoud Suite for Body art, waste water, pools. Name of Agency Douglas County, CO Contact name and details Laura Kesner 303-663-6243 LKesner@douglas.co.usa Implementation Date 2022 Summary HSCIoud Suite for: On -site water, hazardous waste, body art and land use. From HS GovTech Page -15 RFP B2300060 Weld County Request for Proposal -RFP # B2300060 5. Response to Narrative Questions from Section 5.3 in this RFP From HS GovTech Page -16 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 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) As a highly configurable web application, the lifecycle is different from the client/server model. For example, the HSCloud Suite."' application doesn't have a version that will ever go out of support. Major features and upgrades are generally released quarterly and are made available for clients to utilize. There are procedures and notifications established for distribution of any upgrades or new features to which Weld County is entitled under the software maintenance agreement. Updated user and operational documentation, l and assistance is also provided. HS GovTech has established procedures for distribution of new features and functionality. HS GovTech is responsible for updating all relevant environments, updating documentation, and providing training where needed. All new features are uploaded to the test environment and are not deployed directly to production for continuity of operation and training. Earlier this year (2023) a major enhancement to the "list screen" was deployed and all clients are happy to use the feature. Our clients continue to provide feedback from which these upgrades are implemented and we encourage Weld County to do the same if we were successful with our bid. Given the modern web -based functionality, and ongoing development of new features and enhancements HSCloud Suite TM is truly a "future -proof" solution. As mentioned above, in an "evergreen" cloud -based solution, versioning isn't quite the same. However, in a version view of the solution it would be at version 6.24. All of the programs/modules in this solution have been in production for at least five years. Compliance with offering ongoing Software maintenance (technical support/upgrades) and specify: i Standard business hours for technical support ,7 am to 6 pm MST Location(s) of support services USA West Coast, East Coast and Canada From HS GovTech Page -17 RFP B2300060 Weld County Request for Proposal -RFP # B2300060 Item Level of support during and outside of business hours (e.g., pager, 800 number, hours of operation, etc.). Response from HS GovTech Enterprise client support for HSCloud Suite TM is included in this proposal (includes call center, online portal for support/ticketing and incident reporting/tracking). The support portal is native within HSCloud Suiten'. and includes alerting on status of support items. Full Telephone help desk support is available from 8am to 8pm EST. The online real time portal allows for ticket creation, support requests, and tracking of tickets in process etc. 24/7. The telephone help desk is an 800 number for authorized users to call. An email address to a dedicated support staff (team) is also provided to all clients. Specify any additional cost for support during While not required, the access to the non -business hours. after-hours support will be $4800 per year. Methods of reporting problems Response levels Online portal for true transparency where each support ticket is housed and Weld County will have full access to see the issue progress. Our support desk will also assist your agency by generating a support ticket. HS GovTech Service Level Agreement (SLA) defines and provides guarantees on response and resolution times. Resolution time is ultimately determined by severity, as defined in the SLA. The HS GovTech network will be available 99.99% of the time, excluding scheduled maintenance or upgrades approved by both Client and HS GovTech. Should a network outage occur that results in Client system unavailability, HS GovTech will credit Client 5% of the monthly license and maintenance fee for every additional one (1) hour of downtime, up to but not exceeding 100% of one monthly payment. These credits will be applied toward future license and maintenance payments. How fixes are distributed and applied All fixes and upgrades are completed by HS GovTech and all clients are pre -notified. Internal QA and testing is completed via scripts prior to fix -release. From HS GovTech Page -18 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 Item Problem escalation process (including resolution process and timing) From HS GovTech SLA: The HS GovTech network will be available 99.99% of the time, excluding scheduled maintenance or upgrades approved by both Client and HS GovTech. Should a network outage occur that results in Client system unavailability, HS GovTech will credit Client 5% of the monthly license and maintenance fee for every additional one (1) hour of downtime, up to but not exceeding 100% of one monthly payment. These credits will be applied toward future license and maintenance payments. HS GovTech will notify Client at least forty-eight (48) hours in advance of any scheduled network downtime for maintenance and service. In the event of an unscheduled outage, HS GovTech will immediately notify the Client System Administrator of the outage and its estimated length. For outages lasting one (1) hour or longer, the HS GovTech Operations Manager and Director of Programming and Development will treat the outage as top priority for immediate resolution. If the outage lasts more than two (2) hours, the issue is assigned to the Chief Technology Officer. Any outage lasting four (4) or more hours is escalated to the HS GovTech Chief Executive Officer. Should the outage last more than four (4) hours HS GovTech will provide updates to the Client System Administrator every four (4) hours on the system status. All updates and notifications will be sent via email to the Client System Administrator. For system support: HS GovTech has the following standard priority levels. These will be included in SLA upon successful contract execution. Critical (Work stoppage) From HS GovTech Page -19 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 Response from HS GovTech High (Some important production functionality is not available, or a small number of users cannot access the system) Medium (Causes a business impact where there is minimal loss of service and a workaround is available such that the system can continue to operate fully, and users are able to continue business operations) Low (There is a problem or issue with no loss of service and no business impact) Frequency of software updates/upgrades Our cloud -based solution gets major updates , (enhancements) twice per year, based on client's feedback and requests. Compliance with periodic software upgrades This has been successfully completed for providing general feature enhancements that many clients. Each upgrade is tested must be guaranteed to be compatible with internally prior to release and each client can whatever system customization the Vendor decide whether they will use the upgrade or makes to the original Envision Connect not. Replacement. Our product roadmap typically runs at least 6 quarters (18 months) out, and is heavily informed by our large client base. It is critically important for new features to be what are deemed important by actual users rather than what we judge to be important. This is critical to the success and continual "cutting edge" status of our product. IT Training Plan — Detail your training plan for The system admin training includes all details the IT project team. The training plan should to complete the tasks typically performed by include system administration, supporting, the super users (admins). Changing and using the system. Identify training = permission, modifying field names, adjusting materials that will be available to IT. fees, override of fees, reporting, etc. Assigned Project Manager will ensure that the super user is ready prior to go -live. Support and help desk is always available on demand when required. Prior to commencement of user acceptance testing (UAT), HS GovTech provides a full functional demonstration and training for UAT { users. End -user Training Plan — Propose a detailed i We provide training - both onsite (or virtual, if training plan that you recommend for needed) - to make sure users are prepared to end -users, and department administrators. i take the system live. We produce custom Identify training materials that will be available From HS GovTech Page -20 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 Item to these end -users and department administrators. documentation/manuals based on final department configurations and workflows. We also produce custom video tutorials for all key aspects of the system that users may access at any time. All ongoing support and training material is custom configured for the department based on your implementation and is fully available online within the system. This bid response includes full on -site training and ongoing annual "refresher training," We also produce customer, interactive training aides, including as well as context driven embedded user help on each screen, guided in -system walkthroughs of all key processes. The initial training for go -live is available on -site, as is the annual refresher training. All new enterprise clients are in what is called "enhanced live support" for the first 30 days post go -live. This includes onsite staffing for a minimum of a week, and the project team that deployed the product will oversee support until the department and HS GovTech agree that it is in the interest of the department to move to traditional support. Virtual (and as needed, in -person) training throughout the year can be scheduled via support team, as well as 24x7 video training modules available in the HS Cloud Suite T. help center. The admin tools (system admin) are all browser based within the application for authorized admin users. They are logically laid out and include contextual help. We also include training and support specifically for the admin functionality. All training sessions are recorded and can be made available in the system for future use. Provide details of any subcontracting HS GovTech is fully staffed without the need arrangements that will come into effect if for any subcontractors. All team members are vendor is awarded the business outlined in 9 full time employees of the company. this REP. From HS GovTech Page -21 RFP B2300060 Weld County Request for Proposal — RFP # B2300060 6. Project Plan From HS GovTech Page -22 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 Understanding of the xroiect requirements and deliverables As the largest provider of environmental health data management services in the United States HS GovTech fully understands the requirements of this REP Further, HS is the official platform for EH data management in the state of Colorado. This includes a full statement deployment for CDPHE, as well as local deployments for the large local "home -rule" counties in the state. HS GovTech follows the agile methodology in managing our projects and deployments. This works well given the range of configurations that a client may choose to include in their system, and it provides the most flexible process for our clients on a rapid deployment timeline, when compared to custom solutions. As this is the most configurable solution ever built for EH, an agile, module by module configuration approach works very well. This allows Weld County to assign an SME for various elements (Food program, Body Art Program, Animal Feed Program etc.) to review configurations and specifications for their respective area of responsibility. We use a product called JIRA for our project management and ticketing tracking in project management. This is a browser -based integrated solution that requires no licensing by our clients. The tool is dynamic, including charts/graphs/dashboards and allows for real time management of all elements of a project, from timeline to risk management, to individual work items and tickets. All stakeholders can see in real time where any aspect of the project is at any time without having to ask someone for the information. The system also allows for exporting of project plans and timelines, should a physical file be needed for presentation or reporting purposes. It is the responsibility of HS GovTech to create, and maintain, the project plan and timeline, in accordance with the wishes of the client project manager. We view project management, configuration, and deployment as the first phase of a very long partnership and work collaboratively with our client partners to configure and deploy at a pace and cadence that works for your agency, and its unique priorities and challenges. Once a contract is executed, Lead Project Manager will come on -site, along with the project's assigned members of the implementation team. All will be (can be) present on -site to establish a relationship with the Weld County project lead and to meet, orient, set the tone, and work with all stakeholders to set the project up for success and to begin the configuration and implementation process. One of the advantages of our experience, technology, and our approach to implementing that technology is an overall light footprint in terms of required dedicated resources by the client. HS GovTech implements using the Agile method. HS GovTech creates a schedule, work plan, and online project plan and tracking portal. This project portal has been through many client implementations and has been optimized for EH implementations. If any, Weld County and assigned Project Manager will approve changes to deliverable time frames in writing at least two weeks prior to any impacted milestones. All approved changes will be reflected in the work plan and HS GovTech will highlight and explain any major changes to an earlier approved version. HS GovTech project manager keeps a "assumptions" document and "risk ledger" that is reviewed frequently by both teams. Hardware Server requirements Since our solution is a web -based hosted solution, there are no hardware requirements for Weld County. Only hardware requirements for the county will be for field devices (such as iPads or Android devices). From HS GovTech Page -23 RFP B2300060 Weld County Request for Proposal -RFP # B2300060 Technical approach to the project Weld County should feel extremely confident that HS GovTech will provide the development services and training necessary for the project. This section describes our proposed approach for staffing, alignment with the project plan, and defines how resources are coordinated to work effectively with the county and the ultimate users. HS GovTech follows the agile methodology in managing our projects and deployments. This works well given the range of configurations that a client may choose to include in their system, and it provides the most flexible process for our clients on a rapid deployment timeline, when compared to custom solutions. As this is the most configurable solution ever built, an agile - module by module - configuration approach works very well. This allows you to assign an SME for various elements to review configurations and specifications for their respective area of responsibility. We use JIRA and Confluence, for our project management tools. This is a browser based integrated solution that requires no licensing by our clients. The tool is dynamic, including charts/graphs/dashboards, and allows for real time management of all elements of a project, from timeline to risk management, to individual work items and tickets. All stakeholders can see in real time where any aspect of the project is at any time without having to ask someone for the information. The system also allows for exporting of project plans and timelines, should a physical file be needed for presentation or reporting purposes. It is the responsibility of HS GovTech to create, and maintain, the project plan and timeline, in accordance with the wishes of county's project manager. We view project management, configuration, and deployment as the first phase of a very long partnership and work collaboratively with our partners to configure and deploy at a pace and cadence that works for Weld County and its unique priorities and challenges. HS GovTech has the largest full-time staff of 97, exclusively dedicated to the delivery of technology solutions for EH and Ag departments. Organization and managerial competence There is no other solution that is as modern, highly configurable, and as highly staffed by EH knowledgeable professionals with numerous years of experience each available in the market. Our staff and their expertise, and our zeal to continually innovate sets us in a class of our own. Our team of 100 full time personnel has a combined total of over 500 years of experience working with EH Departments to meet their needs and provide solutions that make their departments more efficient, transparent, and help extend and improve the services they can provide the public for each budget dollar spent. It is the most feature -rich platform specifically for EH, is the widest used, supported by the largest and best staff ever assembled for the EH market segment. Full - no code required - department configuration and modification ability at any time over the life of the contract. The most robust citizens portal ever created for environmental health Fully integrated payment processing capabilities Integrated HD web conferencing and "virtual inspection capability" Fully integrated broadcast email and text alert capability. This became a crucial tool during the pandemic. The most robust GIS functionality available standard off the shelf. From HS GovTech Page -24 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 The most robust, fully integrated - drag and drop - reporting engine tailored specifically for EH The only solution with a native app for Apple and Windows to allow full functionality disconnected in the field with virtually no restrictions on functionality The only truly end -to -end pure SaaS product that doesn't require dedicated personnel by the agency to maintain The strongest and most resilient hosting infrastructure available for environmental health. 99.99% SLA uptime, with annual SOC2 Type2 audit by KPMG More than 100 full time staff focused on the needs of our EH clients, and all with multiple implementation experience in like departments. The largest staff of former EH employees in the industry (our Director of Regulatory Affairs as the bureau chief for the City of Houston EH department for 20 years). An R&D - innovation budget - of over $2 million per year. We are partnered with NEHA, as well as CEHA, and numerous similar organizations in the US - and invest heavily in these organizations, and their mission. The highest recognition that we frequently receive is the recommendation of our existing client partners to other agencies to "go with HS GovTech. No organization is perfect but they will never fail you or quit on you" Our Director of Regulatory Affairs, Chirag Bhatt has been affiliated with numerous national organizations in the EH field for over 30 years, and sits on numerous committees and workgroups with the Conference for Food Protection, NACCHO, NEHA, Food Safety Summit and gives of his time to speak at numerous conferences, and visit departments on request throughout the year at no charge. Work plan and project controls HS GovTech creates a schedule, work plan, and online project plan and tracking portal. This project portal has been through many client implementations and has been optimized for EH implementations. If any, the agency and assigned Project Manager will approve changes to deliverable time frames in writing at least two weeks prior to any impacted milestones. All approved changes will be reflected in the work plan and HS GovTech will highlight and explain any major changes to an earlier approved version. HS GovTech project manager keeps a "assumptions" document and "risk ledger" that is reviewed frequently by both teams. We try hard to keep a light touch on agency resources. Your staff has a regulatory job to do and turning them into software implementation experts doesn't always align with their primary job and responsibilities. The ability to have the heavy lifting done, in accordance with best practices, by a vendor with experience is a large part of why a system like this is procured vs. being done in house. However, it is important for the agency to define a couple of key roles that are able to consult with HS GovTech as needed. Payment milestones Payment schedule and terms: • 50% of the system setup fee and the first year license, hosting, maintenance, and technical support fees shall be due and payable execution of this Agreement by the Department. • 25% of system setup fee to be paid upon completion of configuration and initial data conversion. From HS GovTech Page -25 RFP B2300060 Weld County Request for Proposal -RFP# B2300060 • 25% of system setup fee to be paid upon completion of go -live of application for County. • 2nd - 5th year license, hosting, maintenance, and technical support due annually on the anniversary of contract signing. 7. County Responsibilities From HS GovTech Page -26 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 Weld County Project Manager: This is not a full-time role, but it is important that the county have someone in charge, and that is able to make decisions on behalf of the contract to keep the implementation moving crisply. An estimate of the first month of the project would be a max of 15-20 hours a week of involvement (that estimate is high), and 10-15 hours a week that is milestone driven from time to time throughout the project (such as User Acceptance Testing) Weld County SMEs: Depending on who the project manager is, they may not be a daily user of the system post go -live. Identifying a subject matter expert (for example someone that is very familiar with the occupancy process and data flow) can be very helpful in the configuration JAD session stage. This person can be the "voice of the average user" to ensure that workflows and feature implementation make the users life easier, not frustrating. This is not more than .25% FTE over the life of the contract, and in some cases, it may make sense for the project manager and the SME to be the same person. Weld County data contact If there is someone on staff that is familiar with the legacy data (when applicable), it is helpful to have that contact available. While we do the heavy lifting on mapping and conversion, if a question arises that needs someone with historical familiarity with the data available it can be very helpful to the project. This is rarely a .25% of FTE effort level on a project of this nature. Identify testers for user acceptance testing: The county may wish to select a small number of users to be a part of user acceptance testing (UAT). This prevents a single person's perspective from being the only testing done by the agency, it also allows sections of the system to be divided up easily among different testing areas (i.e.: permits, inspections, reporting, etc.). This is a one-time effort investment during UAT prior to go -live, working from defined test scripts and user stories. In some cases, the SME's designated by the agency may also be the same UAT testers. From HS GovTech Page -27 RFP 82300060 Weld County Request for Proposal - RFP # B2300060 8. Additional Information From HS GovTech Page -28 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 1. Provide vendor's standard contract template. Attached Separately File: "HSCloud Suite Sample Contract HS GovTech.pdf" 2. 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. HS GovTech is in compliance with Section 508 (US Workforce Rehabilitation Act of 1973) and Section 255 (ADA standards) with all services provided via HSCloud Suite and HSTouch 3. Provide a signed Vendor Certification document (from Appendix B of this RFP.) Included in this proposal document (Appendix B) 4. Provide a CJIS Security Addendum Certification, if applicable (from Appendix C of this RFP) Appendix C is not found on the RFP document. We are familiar with the contents of (1) the Security Addendum, including its legal authority and purpose; (2) the NCIC 2000 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. 5. 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. None 6. 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 sheets. HS GovTech is in use in the State of Colorado and we are extremely familiar with the rules/regulations and related components in the regulatory segment in the state of Colorado. HS GovTech is focused on environmental health. We don't deploy systems for dozens of different types of government agencies, rather are focused on EH and are truly experts in innovative technology that is meaningful to the day-to-day lives of our users. We don't view ourselves as just a vendor doing a business transaction, but rather long-term partners to our clients. Our team has a combined total of over 500 years of experience working with EH Departments to meet their needs and provide solutions that make their departments more efficient, transparent, and help extend and improve the services they can provide the public for each budget dollar spent. By partnering with our clients, we are able to provide truly meaningful new features. Our product road map is informed by our clients. No one is better equipped to provide feedback on pain points, and what an ever -evolving regulatory landscape requires, than the users that do the job every day. Another very economical and unique feature of our solution, is that we offer unlimited seat licenses for the scope of the application to your agency. So, if the number of users increases over time, those users can be added — directly by you without having to contact us and there is no effect on cost. From HS GovTech Page -29 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 Our system is a cloud -based SaaS (Software -as -a -solution) and ready to be deployed - while still fully configurable - off the shelf. No extensive custom development is ever required. Our R&D team is always looking for solutions that can enhance the public health agency's evolving needs. All new releases, upgrades are shared with clients. One item on the near -term release road map is fully integrated chat within the application, including automated reminders, and the ability to ask a question that the database contains an answer to in regular plain English, and get an instant response from that chat channel. We have a primary focus on environmental health. However, in the past 2 years, our system has been configured and implemented for many adjacent regulatory functions at the wish of the jurisdictions we serve. From code enforcement activities to fire, our clients have led the way to use our product and its power for non -EH related regulatory activities in some innovative ways. The most common structure - because of the modern technology framework and flexibility - is for the system to be seamlessly integrated with other applications via API's (or other methods) to seamlessly be part of a larger ecosystem, without giving up the value that the core focus of solution provides EH agencies. Our roots and passion are EH, it's in our DNA, and we are proud of the extraordinary subject matter expertise, and highly tailored functionality we deliver in this core market. The most common structure - because of the modern technology framework and flexibility - is for the system to be seamlessly integrated with other applications via API's (or other methods) to seamlessly be part of a larger ecosystem, without giving up the value that the core focus of solution provides EH agencies. As a SaaS solution, our system requires a very light technical expertise footprint. The application can be agency configured without any knowledge of coding or database expertise. It is truly a no code platform for our clients. We have many agencies with no IT or DBA support at all, as well as agencies where IT wishes to - and does - play a key role in managing the solution. In terms of the technical work of deployment - from configuration, documentation, data normalization and conversion etc. - we do the heavy lifting as directed by our client agency. As a web -based and hosted application, it requires no additional investment in separate software licenses, or hardware infrastructure other than mobile devices (if desired), for field staff to fully deploy and run the system. All costs of implementing are included in our fixed price, with no surprises or third -party purchases required by the agency.lnternet enabled computers, or devices such as iPad, phones etc., are all that an agency needs to have. All smart phones are also able to use the system (however the restricted screen size on phones makes it not preferred by some field staff - and tablets such as iPad or Surface Pro or Surface Go are the most popular for field use). Any internet connected computer or device with a browser - Chrome, Edge, Safari, Firefox etc. — or their mobile equivalents will run HSCloud Suite TM. For the thin client app (for disconnected work in the field), a 2020 iPad or newer with 16 GB of storage or more. Any windows device running Windows 10 or higher. From HS GovTech Page -30 RFP B2300060 Weld County Request for Proposal - RFP # B2300060 We utilize AWS (Amazon Web Services), to host the application and data. We have each clients' application and data running concurrently in multiple, geographically separate AWS data centers. This allows us to guarantee a 99.99% uptime SLA to our clients. It also means that disaster recovery is much more robust than in typical solutions. While we do incremental and nightly backups of each location, there is not a need for restoration of those. If a data center goes down, or needs to have unexpected maintenance, the system routes all sessions to the next location preventing any downtime. Each client has their own separate instance of the application, and their own SQL database. We never have any two clients in joint tenancy. New user account setup can be completed by the super user (admin). There are no limitations to data access with us. An authorized agency admin could, for example, extract (via the application UI) up to all of the data in the system without having to make a request to HS GovTech. From HS GovTech Page -31 RFP 02300060 Weld County Request for Proposal - RFP # B2300060 9. Response to Technical Specifications from Section 5.2 in this RFP From HS GovTech Page -32 RFP B2300060 Weld County Request for Proposal — RFP # B2300060 Responses to Technical Specifications (Section 5.2) are included (following page 35) in: "Weld County Vendor Responses from HS GovTech.pdf" From HS GovTech Page -33 RFP B2300060 Weld County Request for Proposal -RFP# B2300060 Appendix A: Notice of Intention NOTICE OF INTENTION REQUEST FOR PROPOSAL RFP # B2300060 / Envision Connect Replacement DUE 2/21/2023 10:00 AM MST/MDT TO: Weld County Department of Information Technology ATTN: Jeannine Allen RFP # B2300060 / Envision Connect Replacement PO Box 758 / 1401 North 17th Avenue Greeley, CO 80632 Email: fallen@weld.gov Completed Feb 21, 2023 9 AM CST Via email to jallen@weld.gov l From: Cameron Garrison Executive Director of Growth and Operations HS GovTech Solutions (formerly HealthSpace USA) Cameron(c�hsgovtech. com 980-309-1749 HS GovTech Solutions, Inc. intends to respond to Weld County Request for Proposal # B2300060. From HS GovTech Page -34 RFP 62300060 Weld County Request for Proposal - RFP # B2300060 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 # B2300060 issued by Weld County. The undersigned is a duly authorized officer, hereby certifies that: HS GovTech Solutions, Inc. (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 3/15/2023. The undersigned further certify that their firm (check one): IS VI 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: Cameron Garrison CaJnwn /G2Ltia-erL From HS GovTech Title: Date: Executive Director of Growth and Operations 3/14/2023 Page -35 RFP B2300060 Template Vendor Response 08-25-2020 Pricing Response - HS GovTech Vendors shall populate the entire table for the implementation costs for their solution. These prices are to remain valid for six months past the Submission Deadline for RFP Responses specified in Section 3. Costs Comments Year 1 / Initial Cost Maintenance Annual Cost Hardware N/A Software Licensing Setup includes: Legacy integration, installation, and support. data, maintenance $ 35,400.00 $ 45,000.00 Third Party Software (Middleware) N/A N/A Installation Included Included Integration Included Included Legacy Data Loading Included Included Maintenance/Subscription Included Included After-hours support costs OPTIONAL $4,800 Documentation & Training Included Included Project Management Included Included Consulting Services Included Included Miscellaneous N/A N/A Applicable Discounts State of Colorado Annual offset N/A (16,992.00) Total: $ 40,200.00 $ 28,008.00 Weld County Vendor Responses Form HS GovTech Template General Functional FROM: HS Vendor Response 08-25-2020 Requirements Solutions, Inc. Response Category Values: R = S = N = Describe Required Should Nice to Have Have Vendors explain deficiencies communicate paragraph Response S = TP CF PF RP NS = = = = Standard = Third Configuration Planned Requires Not that shall functionality, in to Party supported populate the the attached Code feature Functionality Programming effort or functionality. add-on, Values: and the documents "Response provide and included methodology Comments additional are in this Code" acceptable. in proposal needed this information should column proposal for include to fulfill (reference all about the functionality the detailed function. functionality, explanations 3rd and References party include sources) or explain sufficient comments by to clearly page and to GovTech not included within 12 months Ref # Criteria Category Response Code Comment GE -01 Has successfully the application used for been teleworkers? tested and S S GE -02 Does client functions? the for solution user and support administrative a web -based S S GE -03 Does statutory the application requirements change are if passed? new Describe S Standard be will edited be provided feature by the as super any statutory user (admin) requirement and adequate change training can GE -04 Does portal? application have a public facing Describe S MyHD apply to sharing protocols. file for/pay a provides complaint of inspection for public the and required results facing monitor online portal licenses. the for progress. as per business Provides county's Provides owners public business to acces GE -05 Does configured Areas? the application with the following come pre- Program S All fully standard requirements. of deployed the for program in for multiple full areas deployment required Colorado per in departments this this RFP RFP's are complete, and GE -06 Food R S 1 Weld County Vendor Responses Form HS GovTech GE -07 Child Care R S GE -08 Schools R S GE -09 Body Art R S GE -10 Ambulances R S GE -11 Vector S S GE -12 Animal Victim S S GE -13 Human Victim S S GE -14 Suspect Animal S S GE -15 Household Hazardous Waste S S GE -16 Does the application come pre- S GE -17 Financial Features - for all programs S S GE -18 Receipting, Payment, and Billing S S GE -19 Credit, Debit, ACH Payments S S GE -20 Produce Batch Invoices S S GE -21 Produce Batch Payments S S GE -22 Does the application allow for the rraatinn of rtictnm alartc to all staff N S GE -23 Does the application come pre- S S GE -24 Ability to assign inspections and S S GE -25 Ability to capture points and scoring S S GE -26 Full Field Inspection Capabilities S S GE -27 IOS and/or Windows Surface Pro S S GE -28 Ability to print in the field N S GE -29 Ability to add inspection in the field S S GE -30 Will the field device arrange inspections N S GE -31 Does the application come pre- configured with Online Capabilities? Describe S HSCloud Suite is COTS and fully customizable as per the county's needs and specific workflows Can be easily modified during the design phase GE -32 Full Service Portal S S GE -33 Display Inspection Results S S GE -34 Apply for Permits and Licenses Online S S GE -35 Track Existing Licenses S S GE -36 Track Facility Information S S GE -37 Pay Fees with Health Department S S 2 Weld County Vendor Responses Form HS GovTech GE -38 Ability to send restaurant inspection N CF GE -39 Does the application post inspections N S GE -40 Does the project include Data Conversion? Describe S HS GovTech can convert data from the existing system/solution GE -41 Will all existing data be converted and placed in the new data repository? Describe S HS GovTech can convert data from the existing system/solution We have converetd several clients' data from a legacy system or other providers GE -42 Financial data Billing and invoicing S S GE -43 Program data S S GE -44 Does the application come configured S S GE -45 Does the field application have offline S S GE -46 Does the application allow for Describe S This is a fully customizable solution GE -47 Jurisdiction Customization S S GE -48 Add, Remove, and Modify Custom S S GE -49 Ability to create visual custom forms S S GE -50 Ability to publish any form to public S S GE -51 Does the application offer different training options? Describe Training options are available and can be adjusted to the county's needs In -person or online training is available for users and super users GE -52 Live training S S GE -53 Online Training S S GE -54 Train the Trainer N S GE -55 Help system accessible from within the S S GE -56 Chat Bot with live help N CF GE -57 Does the application have a Dashboard? S S GE -58 Does dashboard load/present as the S S GE -59 Does the dashboard change for S S GE -60 Does the dashboard have a To -Do or S S GE -61 Does the dashboard show alerts? S S GE -62 Does the application have a employee tracking center? Describe S Employee Manager tool allows you to monitor all emplyees in the system User based permissions can be adjusted to the field level within any module of the solution GE -63 Add, Remove, or Change Employee S S 3 Weld County Vendor Responses Form HS GovTech GE -64 Track Employee Details S S GE -65 Create User Roles S S GE -66 Assign employee Roles S S GE -67 Does the application track facility S S GE -68 Fields for attributes of facilities, such as S S GE -69 Can plan review information that was S S 4 Technical Functional FROM: HS Requirements Solutions, Response Inc. Category Values: R = S = N = Describe Required Should Nice to Have Vendors explain deficiencies communicate paragraph Response S TP CF Have PF RP NS = Standard = = = = = Third Configuration Planned Requires Not that shall supported to Code Party functionality, in populate the the attached feature Functionality Programming functionality. effort Values: or and add-on, documents the "Response provide and included methodology Comments additional are in this Code" acceptable. proposal in needed this information should column proposal for include to fulfill all (reference about functionality detailed the function. the functionality, explanations 3rd and References party include sources) or sufficient explain comments by to clearly page and p g to GovTech not included within 12 months Ref # Criteria Category Response Comment TC-01 Describe hosting virtual hosting) options hosting, your solutions (dedicated on -site different hosting, hosting, cloud Describe S HSCIoud GovTech Suite uses is AWS fully web for all -based hosting hosted solution. HS TC-02 Provide recommended hardware Describe S N/A TC-03 Provide Server operating system Describe S N/A TC-04 Provide PCs/laptops/tablets hardware requirements for Describe S All tablets hardware - are supported) Windows or iOS based PCs, laptops and TC-05 Supported workstation operating systerr Describe S Windows and iOS TC-06 List any additional hardware Describe S N/A TC-07 Describe how the application is licensed Describe S Concurrent TC-08 Identify all components of the software Describe S HSCloud Suite is fully web -based (cloud -based) solution. TC-09 Identify any third party applications Describe S No additional third -party applications are required for TC-10 What versions of SQL Server are Describe S N/A - HSCloud Suite is a hosted (web -based) solution TC-11 What versions of Oracle Server are Describe S N/A - HSCloud Suite is a hosted (web -based) solution TC-12 What type and versions of databases e Describe S N/A - HSCloud Suite is a hosted (web -based) solution C-13 Identify all web servers and Describe S N/A - HSCIoud Suite is a hosted (web -based) solution TC-14 List versions all supported browsers and browser Describe S e All browsers - Edge, Chrome, Firefox, Safari are supported TC-15 Does the system have capabilities for Describe S What is the application upgrade process? How many times per year are HS GovTech provides company -wide upgrade twice per year and all upgrade details are shared with the client (whether the upgrade is desired or not) Upgrades are tested prior to release Client can also conduct own testing on the test TC-16 there upgrade releases? Describe S servers Security Functional FROM: Requirements Response Category Values: Vendors explain deficiencies clearly and Response s = Standard that communicate paragraph shall functionality, in populate the to Code feature attached functionality. the Values: and the effort included provide "Response documents and Comments additional in methodology this Code" are proposal acceptable. information should column needed include for all about functionality detailed to fulfill the the functionality, explanations function. and include or sufficient References comments explain to by to page HS GovTech Solutions, Inc. R = Required TP = Third Party or add-on, not included in this proposal (reference 3rd party sources) S = Should N = Describe Nice to Have CF = Configuration Have PF = RP = NS = Planned Requires Not supported Functionality Programming within 12 months Ref # Criteria Category Response Code Comment SE -01 What supported? token, forms etc) of authentication (ie. Password, are biometric, Describe S Password supported. or biometric authentication (as required) are SE -02 Integrated What used? Application, other) is (i.e.: the authentication Active Windows Database, Directory Authentication, Web system via Server, LDAP, Describe S Active Directory via LDAP SE -03 Does policy? the If application so, describe. enforce a password S Describe Yes. The business password process/protocols. policy is based on agency's needs and SE -04 Does authentication? capabilities. the application If support so, describe multifactor Describe S Yes. Depends on agency's needs. SE -05 information, Does data? the If application yes, describe HIPAA, store financial, (ie. any Personal sensitive etc.) Describe S Yes, audit) (financial, data and is HIPPA, stored. we are in etc.) We are compliance audited with annually all security by KPMG -based (SOC2 rules SE -06 wnat encryption metnoas aoes the application use? Is data encrypted both + ro, ..,,i ,., +, nn it? Describe S Data is encrypted both ways - rest and transit SE -07 What security roles/permissions be granted to either individual accounts or to groups? Describe access control to different modules/levels of software Describe S Super user (admit level) is able to assign/modify access/editing abilities for all users in the system and the permissions can be adjusted down to a single field within a module SE -08 Ability to support single sign -on _ S S SSO is supported Reporting Functional FROM: HS / Requirements Metrics Solutions, Response Inc. Category Values: R S N Describe = = = Should Required Nice to Have Have comments functionality, detailed needed are Response S TP CF PF RP NS acceptable. = Standard = = = = = Third Configuration Planned Requires Not to explanations fulfill Code supported to Party feature explain or Functionality Programming explain the Values: or add-on, function. that sufficient and deficiencies included functionality, to References clearly in in this the provide in communicate proposal functionality. by this page additional proposal and paragraph the (reference Comments information effort should and to attached 3rd about methodology party include sources) the documents iovTech not included within 12 months Ref # Criteria Category Response Comment RE -01 Ability to easily construct queries and S S HS GovTech provides the most robust reporting tools. RE -02 Ability use their drag for users and drop own custom and methods reports. administrators to create to N S RE -03 Provides and the administrators. comment pre -defined section. reports List the for reports users in I R S Pre -defined to go agencies -live. for HS reports the GovTech county can can to be designed provide decide reports and and chose configured used from. by similar prior RE -04 Ability to create ad -hoc reports easily S S Fully supported. RE -OS Does the application come with pre- S S See above RE -06 Reports date and with end time date? parameters: start Describe I S Each specific pre -configured time parameters. or ad -hoc report can be adjusted for Integration Functional FROM: HS GovTech Requirements Solutions, Response Inc. Category Values: R = S = N = Describe Required Should Nice Have to Have Vendors explain deficiencies clearly and Response S TP CF PF RP NS = Standard = = = = = paragraph Third Configuration Planned Requires Not that communicate shall supported Code Party functionality, in populate the to feature Functionality Programming Values: attached or functionality. add-on, the and the effort included "Response provide documents and additional Comments in methodology this Code" are proposal in information should acceptable. this column proposal needed include for all about (reference to functionality detailed fulfill the the 3rd functionality, explanations function. and party include sources) or sufficient References comments explain to to by page not included within 12 months Ref # Criteria Category Response Comment IN -01 Solution Operation Incident, Management. includes Request, Management, integrated Problem, including IT and Service Change S S Project GovTech progress, management project support team tickets. dashboard to interact allows and monitor the county (real-time) and HS all IN -02 Solution supports sending email via N S All email platforms are supported. IN -03 Solution integrates with Active N S IN -04 Are flat document which images file? ones? stored Are imaging they in integrated systems? a database into If or a any so, Describe S Images file in the (unlimited system. size and types) are stored as the actual IN -05 Does files to the Yelp application and other integrate online or send reviewers? Describe CF Our the - as system agency per Yelp desires, does (or other's NOT this send can protocols) data be accomplished to Yelp (or others) via integration but if Workflow Functional FROM: HS Requirements Solutions, Inc. Response Category Values: R = S = N = Describe Required Should Nice to clearly Have Have Vendors explain deficiencies and Response S = TP = CF = PF = RP NS paragraph Standard = = Third Configuration Planned Requires Not that communicate shall supported Party functionality, in populate the to Code feature Functionality Programming functionality. attached or the Values: and add-on, the effort included provide "Response documents Comments and additional methodology in this Code" are in proposal acceptable. this information should column proposal needed include for (reference all about functionality detailed to fulfill the the functionality, explanations 3rd function. and include party comments or explain sufficient References sources) to to by page GovTech not included within 12 months Ref # Criteria Category Response Code Comment WF-01 Describe Escalation the workflow functionality - Approval of the system. and Describe S Workflow once online approved escalation panels - are will process designed, be posted used tested by on live HS GovTech by system. the county There project and is an team. WF-02 Ability authorized to edit users. workflow templates by S S This (admin) is a permission -based function and for the super users WF-03 _managed Ability for sequentially tasks to be assigned or in parallel. and N S This (admin) is a permission -based function and for the super users HS GovTech Solutions *Department Name Contract for HSCloud Suite Application Between: *Department Name* `Street Address* *City, State* *ZIP* *CONTACT* *PHONE* *EMAIL* HS GovTech Solutions Inc. 436 East 36th Street Charlotte, NC 28205 www.hsgovtech.com Contact: Cameron Garrison Executive Director of Operations Phone: 980-309-1749 Cameron@HSGovTech.com Table of Contents Contents 1. Definitions 2. Scope of services 3. License to Use Software 4. Ownership of Software and Data 5. Obligations of the Department 6. Data 7. Term 8. Deployment 9. Software System Upgrades and Changes 10. Intellectual Property 11. Breach/Termination for Cause 12. Decommissioning 13. Confidentiality 14. Protected Health Information 15. Indemnification 16. Notice 17. Force Majeure 18. Information Management Responsibilities 19. Payment Terms 20. General Appendix A - Scope of Work Appendix B - Service Level Agreement (SLA) Appendix C - Contract Fees and Payment Schedule Appendix D - Standard Insurance Coverages 1 3 3 4 5 6 6 7 7 8 8 9 9 10 12 13 13 13 13 14 16 19 21 22 4bk THIS AGREEMENT is made and entered into this *day*th day of *month* 20XX by and between *Department Name* ("Department") located at *Street Address*, *Cite, State*, *ZIP* and HS GovTech Solutions Inc. ("HS GovTech"), an independent contractor with its corporate office located at 436 East 36th; Charlotte, NC 28205. WHEREAS the Department desires to purchase the Web Based permit, financial, Inspection application, and disease surveillance and contact tracing solutions, HS Cloud Suite (HSCloud) application software user licenses designed by and hosted HS GovTech known at HSCloud Suite and the inspection application known as HSTouch to be used by the department for data management services, and to perform inspections in the field using Apple iPads, or Windows 10 devices. Services as enumerated in this contract include secure data hosting and support/maintenance services from HS GovTech. NOW THEREFORE, the parties hereto, each in consideration of the mutual promises and obligations assumed herein by the other, agree as follows: 1. Definitions a) "Application" means the web -based application for permitting, inspections, complaints, and reporting - HS Cloud. It also includes an inspection application that is developed for the iOS, Android, or Windows operating systems - "HS Touch" - that uses the natural features on tablets using the operating systems which are downloaded from either Microsoft App Store, Apple's App Store or Google Play Store. b) "Confidential Information" means any and all data or information that is known or used by a party that is not generally available to the public or that. by its nature or the nature of its disclosure, ought reasonably be known to be confidential or proprietary information of such party, and includes, but is not limited to, business information, specifications, research, software, trade secrets. know-how, designs, drawings. data. computer programs. customer names and other technical, financial and business information concerning a party, or any such information of clients or customers of a party, which is disclosed by or on behalf of such party to the other party. For greater clarity, the Department's Confidential Information will include the Data, but not the Public Data, and HS GovTecfs Confidential Information will include the terms ceding all pricin-g-and fees, c) "Custom Configuration" means alterations to the Standard Application, requested by the Department, to meet specific needs that vary from other similar departments. Configuration to the department's specs is included in the contract. Sample HSCloud Contract (HS GovTech Solutions) Page 1 d) "Additional add-ons: Should the department request in the future additional modules, or functionality that is due to a specific custom request by the department that is not a part of the SOW of this contract, those services would be quoted separately as an addendum to this contract. e) "Data" means all information, processes, documentation, marks and other intellectual property owned or produced by the Department that is not Public Data. f) "Decommissioning" means the process of transitioning the Department away from using the HS GovTech Software following termination or expiration of this Agreement, as more particularly set out in section 10. "HS GovTech Servers" means servers operated and maintained by HS GovTech or co -located on which Data and Public Data may be stored and accessible by the Department. h) "HSCloud" Is the fully configured web -based application as well as supplementing API's that allows for deployment of enterprise level solutions to the client department. i) "HSTouch" means the iPad, Android, or Windows 10 Application, that are downloaded from the app stores for each platform, that interfaces with HSCIoud providing a data collection and reporting function for field staff working either connected or disconnected from the internet with the base engine and logical mechanisms written in the native languages appropriate for the iOS. g) j) "MyHealthDepartment" means the citizens portal that allows departments to interact online with their constituents. This includes the ability to post inspections results online, as well as allow operators to apply for permits, renew permits, and pay invoices and fees due to the department securely online. k) "HSPay" means the merchant services processing for credit cards, debit cards, and ACH transactions through the MyHealthDepartment Citizens Portal. HS GovTech, and its partner merchant (HeartLand) is PCI compliant and processes payments, on behalf of our clients, in accordance with all state and federal security laws and regulations. I) "Public Data" means any and all information entered into or stored in the EHS by the Department or by HS GovTech on behalf of the Department that is published and made available to the general public — via the citizen MyHealthDepartment portal at the request of the department — or which is otherwise subject to freedom of information disclosure under any law or regulation applicable to the Department. m) "SOW" means the statement of work attached as Appendix A. Page 2 n) "Standard Application" means application functionality that is available out -of -the box including the configurability options in the system. o) "UAT" means user acceptance testing. p) "User" is defined as anyone who is given access to HS Cloud Suite or HS Touch by an authorized license, whether or not employed by the Department. q) "Super User" means a department user that has been delegated — by the department — authority to perform all admin functions in the system, including but not limited to; adding users and managing their permissions, ability to manage documentation and interact with, and speak for the department, with support, and to have access to the configuration and system editing tools. 2. Scope of services a) HS GovTech will provide HS GovTech HS Cloud as set out in Appendix "A". b) HS GovTech will provide the services as set out in Appendix "A". 3. License to Use Software a) Subject to the terms and conditions specified in this Agreement, HS GovTech grants the Department and its successors a limited, non -perpetual license (the "License") to use HS GovTech Software as indicated in the SOW for the duration of this Agreement, subject to the Department paying the License Fee according to terms set out in Appendix C. b) The License Fee is calculated based on the specifications set out initially in and as memorialized in the SOW, The Department agrees that, for any change over and above that agreed to scope, the Department will give HS GovTech notice of such desired change. Upon agreement by both parties to the modifications for new modules, functionality, or expansion of use base from this contract, the SOW will be amended to reflect the changes, and the department will pay the modified SOW terms upon acceptance of said modifications. c) HS GovTech will provide sufficient software licenses and upgrades of the Supporting Software required for the number of Users and scope as defined in Appendix A, this may be amended under paragraph 3.b), using the HS GovTech Software, subject to payment for such software licenses and upgrades by the Department. d) The Department is responsible for and agrees to abide by all the provisions of this agreement for the HS Cloud, and HS Touch app, and will ensure that the Department staff complies with the terms of this contract. Page 3 e) The Department acknowledges and agrees its license to, and accordingly its use of, the HS GovTech Software is at all times subject to the following limitations: i. No Modification or Reverse Engineering —The Department will not directly or indirectly modify, or in any way alter (excluding configuration expressly permitted by the Documentation) the whole or any part of the HS GovTech Software, nor will the Department translate, decompile, disassemble, reconstruct, decrypt, or reverse engineer the whole or any part of the HS GovTech Software. ii. No demonstration with intent to replicate — The Department shall not demonstrate the software to a competitor, or any other company or person with the intent to create a similar or like product. iii. No Rental or Timeshare Use —Except as permitted herein, the Department will not directly or indirectly license, sublicense, sell, resell, transfer, assign, distribute, rent, lease, or otherwise commercially exploit the HS GovTech Software in any way, nor will the Department use of the HS GovTech Software in a computer service business, service bureau, hosting or time-sharing arrangement. iv. Unauthorized Equipment —The Department will only use the HS GovTech Software on computing devices which are supported by HS GovTech and which meet certain minimum system requirements as laid out in this contract. From time to time as technology changes, HS GovTech will make its application available on new operating system updates and technology. v. Proprietary Notices —The Department will not directly or indirectly remove any proprietary notices, labels or marks from the HS GovTech Software or other materials, including those indicating any intellectual property rights of HS GovTech or any third party unless otherwise agreed between the parties in writing. 4. Ownership of Software and Data a) HS GovTech warrants to the Department that HS GovTech is the developer and owner of HS Cloud and HS Touch application, and has full rights to the said applications, and has the right to contract for, and distribute to the Department required licenses and access to operate the HS GovTech Software. b) In the event of any suit or claim against the Department by any third party for damages and/or injunctive relief contesting ownership of the HS GovTech Software and/or the Department's rights under this Agreement, HS GovTech Page 4 agrees to, at its own expense, to indemnify the Department against such suit or claim and to hold the Department harmless from expenses of such defense and from any court -awarded judgments resulting from such suit or claim. c) Further, if such suit or claim occurs or is likely to occur, HS GovTech will, at its own expense, either procure for the Department the right to continue using the HS GovTech Software or replace the same with a non -infringing product, substantially conforming to that described herein, or modify the same so that it will be non -infringing, provided that this Agreement has not been terminated. d) For greater clarity, the provisions of section 4.b) will not apply to the extent that any such claim relates to the Department's combination of the HS GovTech Software with computing devices, systems or other software not approved by HS GovTech or otherwise contemplated hereunder, or in the event of the Department's refusal to install any update or replacement provided pursuant to section 4.c). e) All Data and Public Data, whether entered into or stored in the system by the Department or by HS GovTech on behalf of the Department, is and will remain the sole property of the Department. The Department hereby grants HS GovTech the irrevocable, royalty -free license during the term of this Agreement to use, copy and otherwise exploit the Data and the Public Data for the express purpose of executing delivery of the services in this contract to the Department, including to extract, derive, compile, and publish the Public Data, and for any other purpose permitted hereunder. The Department acknowledges that whether the HS GovTech Software uses HS GovTech Servers or third -party servers, the Supporting Software will transmit Data to HS GovTech Servers for the purpose of performing functions on the Data required by this Agreement and to collect the Public Data. 5. Obligations of the Department Without limiting the Department's obligations described elsewhere in this agreement, the Department shall provide the required information, cooperation, and functional support to ensure HS GovTech personnel have the information they require and are able to implement and deploy the services enumerated in this agreement. Such cooperation shall include, without limitation: a) The Department will pay the fees set out in Appendix C on the terms and conditions provided therein. b) The Department will designate staff members to provide the following functions under this Agreement: Page 5 i. Department Administrator: This individual is responsible for Administrator functions within the system. for the department. ii. The Department agrees to designate a replacement Administrator within thirty (30) days if the primary is unable to serve in that capacity or leaves the organization, and to notify HS GovTech of the same. c) The Department will provide access to HS GovTech's online learning material for all Users using HS Cloud Suite. d) If the Department supplies the computing devices to operate the Supporting Software, the Department is responsible, with support from HS GovTech, to install the HS Touch Application on the Department computing devices. If HS GovTech supplies the necessary computing devices, HS GovTech will pre -install and configure the Supporting Software on such devices. e) The Department will provide HS GovTech with timely access to and any information relevant to any pertinent data, forms, and integrations. f) The Department will promptly render all decisions and approvals so as not to delay or impede the performance of services by HS GovTech. The Department will promptly notify HS GovTech of any issues, concerns, complaints, or disputes with respect to services or software. h) Department acknowledges that HS GovTech's performance may be dependent on Department's timely and effective satisfaction of the obligations of the Department under this agreement and timely decisions or approvals of Department in connection with the service of software. 6. Data Data provided to HS GovTech must be in the following formats: a) SQL b) CSV c) (Other agreed format approved by HS GovTech) 7. Term a) The length of the term of this agreement is as outlined in Appendix C. b) HS GovTech will provide a written 60 days' notice prior to the expiration of this agreement. This agreement will automatically renew under the same terms and conditions for one year at the expiration of the initial and each subsequent term unless: Sample HSCloucf �at}ii diev ,k te, �V,iii uo Page 6 i. The Department and HS GovTech enter into a new written agreement which replaces this Agreement, or; ii. The Department provides a Notice of Termination, as prescribed herein, to HS GovTech of its intent to terminate this Agreement and its use of the HS GovTech Software. 8. Deployment Deployment of Department system in HS Cloud is also known as "go -live" a) Software will be considered ready for deployment after i. All modules in scope have been created according to parameters of this agreement ii. Department has tested software and the same is approved by Department Admin b) HS GovTech is not responsible for delayed deployment caused by: i. Department personnel lack of availability or time to dedicate to implementation or testing and approval. ii. Changes or upgrades from original statement of work in this agreement (found in Appendix A) c) Deemed approved: If the agency has been notified of items for testing and acceptance, and have not communicated or responded to HS GovTech staff, after 30 calendar days from first notification the items in question shall be deemed approved under this contract. 9. Software System Upgrades and Changes a) The License Fee includes all subsequent core system configurations and changes instituted by HS GovTech after deployment in conjunction with the department's specific needs and requirements. It does not include any Custom Development, such as design changes to modules deployed for the Department that are outside the normal configuration options of the HS GovTech Software. Print forms (i.e., permits, inspections, etc.) are modifiable for no additional fee if mandated by state or local ordinance changes, phone number, office address or logo changes. Changes that are discretion designed in nature, but not regulatory, are only covered once per year. Non regulatory changes greater than once per year, will be billed as a change fee. A year is defined by a rolling twelve-month basis. Page 7 b) HS GovTech will use commercially reasonable efforts to minimize any changes to minimum system requirements for the HS GovTech Software resulting from system upgrades and changes 10. Intellectual Property a) The HS GovTech Software will, at all times, remain the property of HS GovTech, subject only to the license of use granted herein, specifically excluding any right of reproduction, sale, lease, sub -license or any other transfer or disposition of the HS GovTech Software, or any portion thereof, by the Department except as follows: i. Upon the transfer, or merger of substantially all the assets of the Department to a successor organization, this Agreement and the rights and obligations of the Department herein may be assigned to such successor. b) The Department grants HS GovTech a non-exclusive, perpetual, and royalty -free license to use all innovations, suggestions, and feedback. ("Feedback") regarding the HS GovTech Software suggested by the Department staff, provided that the Feedback pertains to the operation or design of the HS GovTech Software, or of possible future extensions of the HS GovTech Software, and is either presented in an area not private to the Department or is sent directly to HS GovTech. Such Feedback is given to HS GovTech on an "as is" basis and the Department does not provide any warranty regarding the Feedback. 11. Breach/Termination for Cause a) Should either party default in the performance of any obligation under this Agreement or breach any provision contained in the Agreement and not correct or substantially cure, the default or breach within sixty (60) days after receipt of written notice by the other party of such default or breach, then in addition to any other remedies set forth herein, or available in law or in equity, this Agreement may be terminated by the non-defaulting/non-breaching party, following which the Department will comply with the provisions set out in section 10 for Decommissioning. b) In the event either party ceases its business operations, makes a general assignment for the benefit of creditors, is adjudged bankrupt, or becomes insolvent, then the other party may, at its sole discretion, terminate the Agreement upon thirty (30) days' notice to the other party and the provisions set out in section 10 for Decommissioning will not apply. Page 8 12. Decommissioning a) Upon termination of this Agreement, or its expiration without replacement, the Department will immediately cease using the HS GovTech application. HS GovTech will transmit all data captured using the system and all Department data stored on the HS Cloud system to the Department and securely erased from the HS Cloud servers within thirty (30) business days of the effective termination date. The data will be provided in a SQL backup file (.bak file), or comma delimited if requested by the department. For decommissioning to occur all outstanding monies owed to HS GovTech by the Department must be paid in full at the time of decommissioning. If a department is in arrears at the time of decommissioning request, the agency will begin their 30 days decommission cycle upon full payment of the arrearages owed. 13. Confidentiality a) Each party agrees to protect the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of a like kind, but in no case less than reasonable care, and will not use the Confidential Information of the other party, except in connection with the performance of its obligations under this Agreement or as permitted by this Agreement. The confidentiality provisions set forth in this Agreement will remain in full force and effect in perpetuity. b) Without limiting the foregoing, HS GovTech will (a) ensure that all copies of the Data will be secured behind a professionally configured firewall, (b) use database systems with adequate and reliable security and will make regular security checks on these systems, and (c) HS GovTech will supply the PAC with copies of the results of such checks upon request. The Department agrees that it will treat these results as HS GovTech's Confidential Information. c) Upon termination of this Agreement or upon the written instruction of the party owning Confidential Information, the other party will return or destroy the requesting party's Confidential Information. For this Agreement, a party will be deemed to have destroyed electronic Confidential Information when it executes an application- or operating system -level, commercially reasonable delete function on it, provided that thereafter it does not conduct or permit any recovery or restoration of the same. d) Each party will be responsible to the other for any disclosure of Confidential Information that is not permitted by this Agreement to the extent caused by such party and for any failure by such party to comply with the terms hereof. Page 9 Each party will indemnify and hold harmless the other, from and against any and all claims arising out of any breach by it of this section 11.d). e) The obligations of confidentiality set out in this section 11 will not apply in respect of uses or disclosures of Confidential Information where: i. The disclosure consents in writing, ii. Disclosure is required to comply with any applicable law, judicial order or stock exchange rules, provided that the party proposing to disclose the Confidential Information gives the other party reasonable, sufficient notice as may be practicable in the circumstances to contest or protect the required disclosure, or iii. The party proposing to use or disclose the Confidential Information can establish with documentary evidence that, other than as a result of a breach of this Agreement, The Confidential Information (A) is available in the public domain or is Public Data, (B) was disclosed to it by a third party without violating confidentiality obligations, or (C) was already known by it or was subsequently developed by it without any use of Confidential Information. 14. Protected Health Information a) HS GovTech will implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information (PHI) in accordance with the NIST 800-53 Security Guide should the Department require that HS GovTech, subcontractors(s) or agent(s) create, receive, maintain, or transmit PHI data on behalf of the Department. This data shall be protected against unauthorized access, disclosure or modification, theft, or destruction. b) HS GovTech will use encryption that is in accordance with NIST Special Publication 800-111 Guide to Storage Encryption, including the use of standards -based encryption format using triple -DES (3DES), or the Advanced Encryption Standard (AES), or their successors. c) Backups of PHI will be encrypted in accordance with secure methods as listed in NIST Special Publication 800-111 Guide to Storage Encryption, including off -site storage in a physically secure location with secure access controls to authorized personnel. Backup schedules shall be maintained to ensure timely availability and integrity of data. d) HS GovTech will implement technical security measures including mechanisms to encrypt and decrypt electronic protected health information (PHI) "at rest" and "during transmission" over an electronic communications Page 10 network, including the internet, consistent with NIST Special Publications 800-52, 800-77 and Guidelines as appropriate to comply with Federal Information Processing Standards in the protection of PHI. e) HS GovTech will perform an independent audit of its data centers at least annually at its expense and provide a redacted version of the audit report to the Department upon request. HS GovTech may remove its proprietary information from the redacted version. A Service Organization Control (SOC) 2 audit report or approved equivalent sets the minimum level of a third -party audit. f) HS GovTech will provide reports or additional information upon request of the Department and access by the Department or the Department's designated staff to HS GovTech's facilities and/or any location involved with providing services to the Department or involved with processing or storing Department data, and HS GovTech shall cooperate with Department staff and audit requests submitted under this Section. Any confidential information of either party accessed or disclosed during the course of the security audit shall be treated as set forth under this Contract or federal or Department law or regulations. Each party shall bear its own expenses incurred in the course of conducting this security audit. HS GovTech shall at its own expense promptly rectify any non-compliance with the Policy or other requirements identified by this security audit and provide proof to the Department thereof. HS GovTech will report any security incident to the appropriate Department identified contact immediately. If HS GovTech has actual knowledge of a confirmed data breach that affects the security of any Department content that is subject to applicable data breach notification law, HS GovTech shall: i. Promptly notify the appropriate Department identified contact within 24 hours or sooner, unless a shorter time is required by applicable law, ii. Take commercially reasonable measures to report perceived security incidents to address the data breach in a timely manner iii. Cooperate with the Department as reasonably requested by the Department to investigate and resolve the data breach, iv. Promptly implement necessary remedial measures, if necessary, and h) Document responsive actions taken related to the data breach, including any post -incident review of events and actions taken to make changes in business practices in providing the services, if necessary. i) Access to Department data will be restricted to authorized personnel. Security measures will be enforced to ensure the integrity, security and availability of the system and data resources. HS GovTech will be subject to HIPAA/HITECH Breach Notification requirements of unsecured Protected g) Page 11 Health Information. All HS GovTech personnel assigned to this task order will be subject to appropriate security clearances granted in accordance to their assigned duties and responsibilities. All HS GovTech personnel will be informed of their security responsibilities and be subject to security monitoring and audits to ensure compliance to security clearances. �a- j) HS GovTech will deliver to the department, if applicable, its annual SOC2 Type 2 audit within 30 days of its completion each year. 15. Indemnification a) HS GovTech agrees that it will defend, indemnify and hold the Department harmless from any liabilities, claims or demands arising out of the work performed or services provided pursuant to this Agreement from persons who are not party thereto and who claim or allege any personal injury or death or any damage to their property due to the intentional or negligent acts of HS GovTech or its officers, employees, agents or assigns, except to the extent that any such liability relates to any actions of the Department, the Users or any other employees or contractors of the Department. The Department will immediately provide notice to HS GovTech in the event of any such claim, and HS GovTech will have the right to defend and settle any such claims. b) HS GovTech agrees to compensate the Department for any loss or damages caused directly by HS GovTech to the Department's premises or physical property, arising out of the work performed or services provided pursuant to this Agreement. c) HS GovTech agrees to provide the Department proof of liability insurance prior to commencing work under this Agreement. Please see Appendix D for our standard insurance coverages. d) The Department acknowledges that the licensed software provided by HS GovTech constitutes part of an information system to be used by the Department, its staff, employees, and authorized agents in the performance of their professional responsibilities and is in no way intended to replace their professional skill and judgment. 16. Notice a) All notices will be in writing and will be sent by certified mail, return receipt requested, or by email to the people and addresses set out below, or to such other addresses as either party may request by notice. All notices sent by certified mail will be effective upon the date of receipt. Notices sent by email Page 12 44 will be immediately effective on the date of transmission if sent during regular business hours, or on the next business day if sent outside of regular business hours. To the Company: HS GovTech Solutions Inc. 436 East 36th Street Charlotte, NC 28205 Telephone: 1 (704) 519-8964 Web: www.hsgovtech.com Contact: Cameron Garrison, Director of Business Development Cameron@HSGovTech.com To the Department: *Department Name* *Street Address* *City, State**ZIP* Contract Contact Contact: *CONTACT* Phone: *PHONE* Email: *email* Accounts Receivable Contact Contact Phone: Email: b) If normal mail service or email are interrupted by strike, slow down, Force Majeure or other cause, then a notice sent by the impaired means of communication will not be deemed to be received until received. and the parties sending the notice will use any other such services which have not been so interrupted or will deliver such notice in order to ensure prompt receipt thereof. 17. Force Majeure Neither party is liable for any delay, interruption, or failure in the performance of its obligations if caused by acts of God, war. declared or undeclared. fire. flood, storm, slide, earthquake, their failure, inability to obtain equipment, supplies or other facilities not caused by a failure to pay.. labor disputes, or other similar events beyond the control of the party affected that may prevent Sample HSCIoud Contract (HS uov i ecn Solutions) Page 13 or delay such performance. If any such act or event occurs or is likely to occur, the party affected will promptly notify the other, giving particulars of the event. The party so affected will use reasonable efforts to eliminate or remedy the event. 18. Information Management Responsibilities HS GovTech will comply with all applicable privacy laws, rules, and regulations of the jurisdiction in which the Department is located. HS GovTech will further provide a copy of its annual SOC2 audit, if applicable, to the department within thirty (30) days of its completion each year. 19. Payment Terms Appendix B identifies the fees to be paid to HS GovTech under this agreement a) HS GovTech shall invoice the Department for all fees due under this agreement. i. Invoices shall be due ten (10) business days after the date of invoice. After thirty (30) days payment will be considered delinquent ii. In the event of delinquency HS GovTech reserves the right to immediately restrict or suspend services and/or access to HSCloud Suite In the event of "restricted access" Department will have "read only" access to data in HS Cloud. In the event of "suspension of services" Department will be unable to use issued logins to access the system until account has been brought current, or agreement to do so is reached between Department and HS GovTech. 20. General a) This Agreement, and all attachments referenced herein will constitute the entire Agreement of the parties and will supersede any prior proposals, and representations, whether written or oral. 13 b) This Agreement may not be modified except by subsequent agreement in writing executed by both the Department and HS GovTech. c) It is mutually agreed by and between the parties that the relationship between the Department and HS GovTech will be that of independent contractor and no principal -agent or employer -employee relationship is created by this Agreement. The Department is interested in the results achieved and the conduct and control of the work will lie solely with HS GovTech. HS GovTech is not entitled to any of the benefits the Department provides its employees. It is further understood that the Department does not agree to use HS GovTech exclusively. Moreover, it is understood that HS GovTech is free to contract for similar services to be performed for other parties while under contract with the Department. d) It is mutually agreed by and between the parties that if any section, subsection, sentence, clause, phrase, or portion of this Agreement will be for any reason held invalid, unenforceable, or unconstitutional by a court of competent jurisdiction, such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions thereof. e) It is mutually agreed and acknowledged by and between the parties that any breach by it of this Agreement with respect to intellectual property rights to HS GovTech Software or Confidential Information may cause the other party immediate and irreparable harm for which monetary damages would not be adequate to compensate such other party, and so upon such a breach the other party may seek injunctive or other equitable relief against the breaching party from any court of competent jurisdiction without establishing the inadequacy of monetary damages, proof of actual harm or posting any bond or security. f) This Agreement will be governed by and construed in accordance with the laws enforced from time to time in the State of North Carolina and the federal laws of the United States applicable therein, without reference to their conflicts of laws principles. The captions and headings appearing in this Agreement are inserted for convenience only and do not form a part of this Agreement and are not intended to interpret, define, or limit the scope, extent or intent of this Agreement or any provision hereof. h) This Agreement will ensure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, and assigns. The Department may not assign or transfer any interest in this Agreement without the prior written consent of HS GovTech. g) 14 i) Whenever the singular or masculine is used herein, the same will be deemed to include the plural or the feminine of the body politic or corporate where the context of the party so requires. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the *DAY' day of *MONTH* XXXX. For HS GOVTECH SOLUTIONS INC.: For DEPARTMENT: Date Silas Garrison, CEO Date Appendix A - Scope of Work Modules to be configured for department and included in this contract: HS GovTech shall provide full functionality for the department to be able to conduct all their permitting, inspection, data collection, reporting and management needs including inspections in the field for the following Program Areas: • *****SCOPE - completed by HS GovTech prior to sending to client***** Permitting Inspection p Collection Data Reporting p g Food all (including permit types) temporary an X X X Water X X Sewage X X Disease X Body Art Lodging Schools • Integrations • Other Tools and Features • Financial, and receipting module, for all programs included in system o Ability to use systems for credit, debit, and ACH payments - including online by operators. • Reporting - including Ad -Hoc - capabilities for all programs included above • Full capability to perform inspections in the field on iPads or Windows Surface Pro devices (County chooses hardware). These devices have full functionality even when disconnected • Ability to display inspection results online for the general public, and a full -service portal for County constituents to be able to apply for permits and licenses online, track existing licenses, and pay fees, with the Health Department • Data conversion from existing databases to HS Cloud Suite for the program areas listed above • "Form -builder' tool that allows the County to add, remove, and modify all fields and functionality in the system. This includes the ability to publish any form or application online to the public portal to allow operators to interact with the City / County online '16 • Hosting (unlimited bandwidth and storage space) maintenance, and technical support • Live training for department users for go -live Configuration Tools: Provided will be the Configuration Tools that provide the following functionality: a) Form Builder: Form builder provides back -end access to all tools/tables in the system, allowing the Admin user to add data entry fields, edit current data entry field formats, upload, and hook up a printed output from any tool, modify variables of features on all tools/tables, add new tools/tables to the system, and manage the relationship between all tools and tables. HS GovTech staff will assist in using this tool during implementation. b) Violation Library: This tool allows the client to manage all aspects of the violation data that populates the inspections for all programs used, including library of items, selection types, scoring logic, predefined comments, violation municipal code library, printed output. c) Program and Permit Type Manager: Which allow the full management of all programs and their individual permit/license types. d) Navigation Categories and Pages: Allows the management of basic access points and categorization of tools within the system. Detailed User Manual and Training: a) Provided will be its standard user's manuals and video's — in electronic format - that covers all the core features of the system, including the configuration tools. Should the agency wish for additional custom documentation to be created, a scenario that is not typically necessary, branded for their agency, HS GovTech can provide a custom documentation quote upon request by the department. b) HS GovTech will provide onsite or virtual training at go -live for department's users. Hosting a) Service includes web hosting, data storage, data backup and publishing Public Data, which includes inspection information configured to meet the requirements of the Department, b) HS GovTech will make reasonable efforts to ensure that the system servers are available at 99.99% availability per calendar month on all its services subject to any force majeure as set out in section 15 of the Agreement. HS GovTech provides a Service Level Agreement (SLA) for its clients. Please see the SLA attached as Exhibit C 17 c) HS GovTech will allow access, via the Internet, to the system servers. Support and Maintenance: Any issues or needs with ongoing use of the system can be handled by using the HSCloud Support Feature. Full instructions on usage will be provided by product support staff. During usage, any bugs encountered will be fixed within three business days. Any change or additional functionality requests - outside the scope of this contract - will be reviewed and assessed, and if approved, a quote for the work will be provided. a) HS Cloud Support begins 90 days after "go -live." o Department will continue to work with implementation project team prior to this time frame b) Department will appoint two authorized customer service contacts prior to "go -live" support services will not be available until these contacts have been appointed c) Support requests must be submitted through one of the following channels: 1. Support form 2. Support email at hs-support@hscloudsuite.com d) HS GovTech will provide customer support guidelines upon "go -live" 18 Appendix B - Service Level Agreement (SLA) HS GovTech offers the following levels of service to ensure maximum availability and performance. The HS GovTech 99.99% uptime guarantee sets standards for service in these critical areas: Network Availability Network uptime occurs when the functionality of all HS GovTech network infrastructure including cabling, switches, and routers, is operating as designed. Network downtime occurs if the HS GovTech servers are unable to transmit and/or receive data, and if the Client opens a service ticket for the incident in the Client system ticket tracking module. The HS GovTech network will be available 99.99% of the time, excluding scheduled maintenance or upgrades approved by both Client and HS GovTech. Should a network outage occur that results in Client system unavailability, HS GovTech will credit Client 5% of the monthly license and maintenance fee for every additional one (1) hour of downtime, up to but not exceeding 100% of one monthly payment. These credits will be applied toward future license and maintenance payments. Infrastructure Guarantee Critical systems include all power and HVAC infrastructure, UPS equipment, and cabling. Power supplies of individual servers are not included (see below for Hardware Guarantee). Critical systems downtime occurs when a HS GovTech server assigned to Client System is shut down because of power or heat problems, and if the Client opens a service ticket for the incident in the Client System ticket -tracking module. Critical system downtime is measured from the time the Client ticket is opened to the time the issue is resolved and the HS GovTech server comes back online. HS GovTech critical systems, including power and HVAC, are available 100% of the time, excluding scheduled maintenance periods. Should an outage due to critical system failure occur, HS GovTech will credit the Client 5% of the monthly license and maintenance fee for every additional one (1) hour of downtime, up to but not exceeding 100% of one monthly license and maintenance payment. These will be applied toward future license and maintenance payments. Hardware Guarantee Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card, and other related components included in the HS GovTech server assigned to the Client System. All hardware components directly relating to the Client System will function properly and any failed component will be replaced immediately at no additional Client cost. The replacement process will begin when the cause of the problem has been determined. Hardware replacement is guaranteed to take no more than two (2) hours. In the event that the replacement takes more than two (2) hours, HS GovTech will credit the customer 5% of the monthly license and maintenance fee for every additional one (1) hour of downtime, up to but not exceeding 100% of 19 one monthly license and maintenance payment. These credits will be applied toward future license and maintenance payments. Maintenance and escalation (scheduled and unscheduled) HS GovTech will notify Client at least forty-eight (48) hours in advance of any scheduled network downtime for maintenance and service. In the event of an unscheduled outage, HS GovTech will immediately notify the Client System Administrator of the outage and its estimated length. For outages lasting one (1) hour or longer the HS GovTech Operations Manager and Director of Programming and Development will treat the outage as top priority for immediate resolution. If the outage lasts more than two (2) hours the issue is assigned to the Chief Technology Officer. Any outage lasting four (4) or more hours is escalated to the HS GovTech Chief Executive Officer. Should the outage last more than four (4) hours HS GovTech will provide updates to the Client System Administrator every four (4) hours on the system status. All updates and notifications will be sent via email to the Client System Administrator. Customer Support and Warranty Customer Support is available Monday through Friday during the hours of 8:00 AM - 6:00 PM EST except for federal holidays. An after-hours emergency support number is made available for Client division director level personnel. Additional Services Hosting of Client data technical support to staff in accordance with HS GovTech's established maintenance policy. Changes or additions to the Client System in the event the state or other regulatory agency modifies the format in which data is collected or output on a standard form. Errors or bugs in system code will be addressed and repaired immediately for the term of the contract. System change requests from Client will be evaluated on a case -by -case basis and scheduled for completion based on priority. Non -transferable, renewable, unlimited user license for all Client staff. This license covers the online version of the Client System as well as the offline version, or Field Client. Exceptions Clients with delinquent accounts may not take advantage of our uptime guarantee. The Client must request all credits within three (3) days of the reported downtime, and the downtime must be from a single occurrence. All credits will be applied to future license and maintenance fee payments. 20 Appendix C - Contract Fees and Payment Schedule 1. Fees a) The fees payable under this Agreement are as follows: • Set-up: Configuration, data conversion, and implementation to HS Cloud Suite for the Phase One (on -site program) is $ XX.00 Fee after discount for *DEPARTMENTstandardized system pricing $ XX.00 • The annual cost for license, warranty, hosting, maintenance, and technical support for onsite is $ XX.00 Fee after discount for *DEPARTMENTstandardized system pricing: $XX.00 b) Payment schedule and terms: ***REVIEW*** • 50% ($XX.XX) of set-up fee, and 50% of first -year license, warranty, hosting, maintenance, and technical support ($X.XX) is due upon execution of contract. • 25% of setup fee due upon successful data conversion • Remaining 25% of setup fee, and remaining 50% of first year license, hosting, maintenance, and technical support due upon go live. • 2nd year license, hosting, maintenance, and technical support due 1st, XXXX, and on anniversary thereof after. ***REVIEW*** *Month* 2. Term: a. The term of this Agreement will commence *Month* 1St XXXX and run until *Month* 30th, XXXX. *REVIEW*`* Appendix D - Standard Insurance Coverages CERTIFICATE OF LIABILITY INSURANCE 0MW2Qz1 THIS CERiE7G7E IS ISSUED AS A MATTER OF INFORMATION OILY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COVERAGE BETWEEN THE HOLDER THIS CERTIFICATE DOM NOT AFFIRMATIVELY OR RECOM IT AMEND. EXTEND OR ALTER THE AFFORDED BY TIE POLICES BELOW_ THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT ISSUNG NSUREI(S). AUTHORS REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER IIWORTANT_ If Cie certificate holder is an ADOHfHONAL INSURED RIM• poXay[esf must be endorsed If SIBROGATIONIS WA ED. subject to Cm terms ad conditions of the poll, certain p.c. may require an endorsement. A statement on this cedifieaHe does not confer rights to the eevtTicate holder in bee of such erdorsemengsf_ PROOlICER ROBERT E HARRIS MS AGENCY DM 72189132 315D S BRISTOL ST A200 COSTA MESA CA92112B COPRA= NAME PHONE Nam. HA1C Ill. E MOINES. aN1E6yNAMMONS COMMIE MCI mutes: Had. Freand ItsPAC lUAI. 00914 =WED HEALTH SPACE OSA, INC. 114 W MAGNOLNA ST STE 400111A BELLNGHAM WA 98235 Mrirna+III : SIEMERC: MslEnerm. MINERS_ INSURER F: COVERAGES CERTFICATE NUMBER REVISION NUMBER MS IS TO CERTIFY THAT TIE POUCHES ES CF INSURANCE USIED BELOW HAVE BEEN ISSUED TO THE INSURED TINNED ABOVE P3DR THE POLICY PERIOD OMDCATEDITOTTETHSRMFJMCG AM! PZECI1lRELIENT. TERN OR COMMON OF ANT CONTRACT OR OTHER DOCUMENT NMI RESPECT TO WHICH EELS CERTIFICATE TAY BE ISM OR NAY PERTAIN,. INSURANCE AFFORTIED EIT THE mums OESCRONE D HEREIN A SUEECT TO Ala THE TERM, MUSKS. AND COMMONS CF SUCH PCUCLES_ LAMBS SHOWN TUT NAME BEEN REDUCED BY PAID CLAMS. iIIPEOFMmmAIICE AaeL Amt amen MIYD POLICY meEer POLICY EFF #mIYYYn FILECyE: NEOOPI/YriD C O M ERM L ®MM. EME<FIT MANITHIME❑OCraar n®YLAPrOiHiAiEUMW .ecr HOTNEFt /EROeneuELrananv AN'rAOl16 Kam a I.OWIED AMC. AIAOM EACHOCCIIIMMENCE OAr11DETOr�R® AE9aer3EMiama'm N D'MCP y'MReeasHi PEREKI YLiMN tomer anaily tutor nPRao 26.1 WROPHYIMD4WIEiE CFbMVYlMO IMMNBlA Ur16 �e li1B WAS- CICCIA °®I IREIENTACM15 =AKERS CarasAm1 AroE�ldr9la'LMNLMT AM yJr OFFICERIMINMt EXCLUDED? E fEMnar oryrrEr, rrn'soroe OO D®c�rrM OF PenaTlore Was /BCD 123 ZY 0-1/0712021 071D712022 EAC HOCr.9tmie3CE EL. EACH A0CI0E NT $1.000,000 EL. 01.6141 E EUFIM E 71.999.09® EL IMBUE -POLICY Lear 51..000,000 OIE0IDaNOFOMR.=if/LOCATION IiYHNSEa IAD0RD Hal.Ad...Marls aiEOar.ar.aAWMrmi. spew kw.. Those usual...zeds Bre.zeds Opel. CERTIFICATE HOLDER Department Name Street Addles City. State DP CANCELLATION SHOULD ANY OF THE ABOVE OESCIRSTED POLICIES BE CANCELLED 'BEFORE THE !MURRAIN= DATE THEREOF. IIDTICE 1IRL BE DELIVERED NT ACCORDANCE WITH THE POUCYFROMM'S_ AEMnrIZEDr aeErA1EE eSue- /, J� L t?lj ct J 919.E-2015ACORRO CORPORATION_ Af rights reserved_ 22 Exhibit C - Environmental Health and Code Enforcement Scope of Work Modules to be configured for department and included in this contract: • Food (utilizing state core framework) • Child Care (utilizing state core framework) • Schools (utilizing state core framework) • Body Art • Ambulances • Vectors • Household Hazardous Waste Financial, and receipting module, for all programs included in system o Ability to use system for credit, debit, and ACH payments - including online by operators. • Reporting - including Ad -Hoc - capabilities for all programs included above . • Full capability to perform inspections in the field on iPads or Windows Surface Pro devices (County chooses hardware). These devices have full functionality even when disconnected. Ability to display inspection results online for the general public, and a full -service portal for County constituents to be able to apply for permits and licenses online, track existing licenses, and pay fees, with the Health Department Data conversion from existing databases to HS Cloud Suite for the program areas listed above "Form -builder" tool that allows the County to add, remove, and modify all fields and functionality in system. This includes the ability to publish any form or application online to the public portal to allow operators to interact with the City / County online • Hosting (unlimited bandwidth and storage space) maintenance, and technical support • On -site training for department users for go -live Configuration Tools: Provided will be the Configuration Tools that provide the following functionality: a) Form Builder: Form builder provides back -end access to all tools/tables in the system, allowing the Admin user to add data entry fields, edit current data entry field formats, upload, and hook up a printed output from any tool, modify variables of features on all tools/tables, add new tools/tables to the system, and manage the relationship between all tools and tables. HS GovTech staff will assist in using this tool during implementation. b) Violation Library: This tool allows the client to manage all aspects of the violation data that populates the inspections for all programs used, including library of items, selection types, scoring logic, predefined comments, violation municipal code library, printed output. c) Program and Permit Type Manager: Which allow the full management of all programs and their individual permit/license types. d) Navigation Categories and Pages: Allows the management of basic access points and categorization of tools within the system. 11 Detailed User Manual and Training: a) Provided will be its standard user's manuals and video's — in electronic format - that covers all the core features of the system, including the configuration tools. Should the agency wish for additional custom documentation to be created, a scenario that is not typically necessary, branded for their agency, HS GovTech can provide a custom documentation quote upon request by the department. b) HS GovTech will provide onsite, or virtual, training at go -live for departments users. Hosting: a) Service includes web hosting, data storage, data backup and publishing Public Data, which includes inspection information configured to meet the requirements of the Department, b) HS GovTech will make reasonable efforts to ensure that the system servers are available at 99.99% availability per calendar month on all its services subject to any force majeure as set out in section 15 of the Agreement. HS GovTech provides a Service Level Agreement (SLA) for its clients. Please see the SLA attached as Exhibit C c) HS GovTech will allow access, via the Internet, to the system servers. Support and Maintenance: Any issues or needs with ongoing use of the system can be handled by using the HSCloud Support Feature. Full instructions on usage will be provided by product support staff. During usage, any bugs encountered will be fixed within three business days. Any change or additional functionality requests - outside the scope of this contract - will be reviewed and assessed, and if approved, a quote for the work will be provided. 12 Exhibit D Service Level Agreement (SLA) HS GovTech offers the following levels of service to ensure maximum availability and performance. The HS GovTech 99.99% uptime guarantee sets standards for service in these critical areas: Network Availability Network uptime occurs when the functionality of all HS GovTech network infrastructure including cabling, switches, and routers, is operating as designed. Network downtime occurs if the HS GovTech servers are unable to transmit and/or receive data, and if the Client opens a service ticket for the incident in the Client system ticket tracking module. The HS GovTech network will be available 99.99% of the time, excluding scheduled maintenance or upgrades approved by both Client and HS GovTech. Should a network outage occur that results in Client system unavailability, HS GovTech will credit Client 5% of the monthly license and maintenance fee for every additional one (1) hour of downtime, up to but not exceeding 100% of one monthly payment. These credits will be applied toward future license and maintenance payments. Infrastructure Guarantee Critical systems include all power and HVAC infrastructure, UPS equipment, and cabling. Power supplies of individual servers are not included (see below for Hardware Guarantee). Critical systems downtime occurs when a HS GovTech server assigned to Client System is shut down because of power or heat problems, and if the Client opens a service ticket for the incident in the Client System ticket -tracking module. Critical system downtime is measured from the time the Client ticket is opened to the time the issue is resolved and the HS GovTech server comes back online. HS GovTech critical systems, including power and HVAC, are available 100% of the time, excluding scheduled maintenance periods. Should an outage due to critical system failure occur, HS GovTech will credit the Client 5% of the monthly license and maintenance fee for every additional one (1) hour of downtime, up to but not exceeding 100% of one monthly license and maintenance payment. These will be applied toward future license and maintenance payments. Hardware Guarantee Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card, and other related components included in the HS GovTech server assigned to the Client System. All hardware components directly relating to the Client System will function properly and any failed component will be replaced immediately at no additional Client cost. The replacement process will begin when the cause of the problem has been determined. Hardware replacement is guaranteed to take no more than two (2) hours. In the event that the replacement takes more than two (2) hours, HS GovTech will credit the customer 5% of the monthly license and maintenance fee for every additional one (1) hour of downtime, up to but not exceeding 100% of one monthly license and maintenance payment. These credits will be applied toward future license and maintenance payments. Maintenance and escalation (scheduled and unscheduled) HS GovTech will notify Client at least forty-eight (48) hours in advance of any scheduled network downtime for maintenance and service. In the event of an unscheduled outage, HS GovTech will immediately notify Client System Administrator of the outage and its estimated length. For outages lasting one (1) hour or longer the HS GovTech Operations Manager and Director of Programming and Development will treat the outage as top priority for immediate resolution. If the outage lasts more than two (2) hours the issue is assigned to the Chief Technology Officer. Any outage lasting four (4) or more hours is escalated to the HS GovTech Chief Executive Officer. 13 Should the outage last more than four (4) hours HS GovTech will provide updates to the Client System Administrator every four (4) hours on the system status. All updates and notifications will be sent via email to the Client System Administrator. Customer Support and Warranty Customer Support is available Monday through Friday during the hours of 8:00 AM — 6:00 PM EST except for federal holidays. An after-hours emergency support number is made available for Client division director level personnel. Additional Services Hosting of Client data technical support to staff in accordance with HS GovTech's established maintenance policy. Changes or additions to the Client System in the event the state or other regulatory agency modifies the format in which data is collected or output on a standard form. Errors or bugs in system code will be addressed and repaired immediately for the term of the contract. System change requests from Client will be evaluated on a case -by -case basis and scheduled for completion based on priority. Non -transferable, renewable, unlimited user license for all Client staff This license covers the online version of the Client System as well as the offline version, or Field Client. Exceptions Clients with delinquent accounts may not take advantage of our uptime guarantee. The Client must request all credits within three (3) days of the reported downtime, and the downtime must be from a single occurrence. All credits will be applied to future license and maintenance fee payments. 14 Exhibit E Contract Fees and Payment Schedule: Costs Comments Initial Year 1 Cost / Maintenance Annual Cost Hardware N/A Software Licensing Setup integration, and includes: support. installation, Legacy data, maintenance $ 35,400.00 $ 45,000.00 N/A N/A (Middleware) Third Party Software Installation Included Included Integration Included Included Legacy Data Loading Included Included Maintenance/Subscription Included Included After-hours support costs OPTIONAL $4,800 Documentation & Training Included Included Project Management Included Included Consulting Services Included Included Miscellaneous N/A N/A Applicable Discounts State (direct of Colorado bill CDPHE) Annual offset N/A $ (16,992.00) $ 40,200.00 $ 28,008.00 Total: a) Payment schedule and terms: • 100% ($40,200.00) of set-up fee, and 100% of first -year license, warranty, hosting, maintenance, and technical support ($28,008.00) is due upon execution of contract. • 2nd year license, hosting, maintenance, and technical support due May 31St 2024, and on anniversary thereof after. 1. Term: a. The term of this Agreement will commence May 1 Si 2023 and run until May 31St, 2028. 15 Exbibit F Standard Insurance Coverages CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYY° 06/08/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATP/ELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ROBERT E HARRIS INSURANCE AGCY INC CONTACT NAME: 72180361 3150 BRISTOL STREET SURE 200 COSTA MESA CA 92626 A Fax (714)61,4480 I (714}6194461 (' Nq En):(AtC, Ho,. E-MAIL ADDRESS: INSURER'S, AFFORDING COVERAGE NM. mure , A : Hartford Fire and Its PSC Affiliates 00914 INSURED INSURER B: HS GovTech USA Inc 114 W MAGNOLIA ST STE 400 111A BELLINGHAM WA 98225-4380 INSURER C : INSURER D: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ITTYPE OF DLSURANCE LTR ADDL SUER DBR WVD POLCY NUMBER POLICY ffF (k9e0DIYYYY) POLICY EXP /i91lDDIY YYYI WITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE❑OCCUR EACH OCCURRENCE DAMAGE TO RENTED PREMISES rEa moment. MED EXP Or, are pew, PERSONAL. ADV INJURY GENT AGGREGATE LIMIT APPLES PER POLICY ❑ JECT ❑ LOC OTHER G9HTAL AGGREGATE PRODUCTS - COMPIOP A. AUTOMOBILE _ WlBILR ANY AUTO ALL OWNED AUTOS MATED AUTOS Y SCHEDULED _ AUTOS NDNowHED AUTOS COMBINED SFIC,LE UMIT IEa acdOmU BODILY INJURY (Peri:man, BODILY INJURY (Per ac WM) PROPERTY DAMAGE (Per aa9detl _ UI�RELLA LIAR OCCUR LESS UAW CLAIMS MADE EACH OCCURRENCE AGGREGATE DEDI 'RETENTIONS WORKERSCOMPENSARON IUiD EMPLOYERS' LU181LfnY ANY YRJ A PROPmETORn ARrNEwExECunvE OFFICERMEIuEER EXCLLIDm? C (Mandatary m NH, Byes, describe under DE�RIPTION OF OPERATIONS below w0 72 WEC ZF5920 0737/2023 X I ATUTE I IER EL EACH ACCIDENT $1,000,000 07/07/2023 EL DISEASE -EA EMPLOYS $1,000,000 EL DISEASE -POLICY UMR $1,000,000 DESCRIPTION OF OPERARORS/LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe Mad. d mane apace is required, Those usual to the Insured, Operations. CERTIFICATE HOLDER CANCELLATION Department Name SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Street Address IN ACCORDANCE WITH THE POLICY PROVISIONS. City , State and Zip AUTHOR.° REPRESENTATIVE J Cady ACORD 25 (2016/03) O1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 16 CONTRACTOR: 5/19/2023 By: `J U Name: Silas Garrison Title: Date of Signature WELD CO1lN,Q ATTES �� Weld ' o ty Clerk tot. ': oard BY: Deputy Clerk t 17 BOARD OF COUNTY COMMISSIONERS UNTY, CO,ORADO Buck, Pro-Tem JUN 2 8 2023 Contract Form New Contract Request Entity Information Entity Name* HS GOVTECH USA INC Entity ID" O00047285 Contract Name" PROFESSIONAL SERVICES AGREEMENT FOR B2300060 HEALTHSPACE Contract Status CTB REVIEW ❑ New Entity? Contract ID 7151 Contract Lead* SWHITMORE Contract Lead Email swhitmore@comeld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* HSGOVTECH HAS BEEN AWARDED THE ENVISIONCONNECT REPLACEMENT (WELD COUNTY REQUEST FOR PROPOSAL. #B2300060) HEE-1409 REPLACE ENVISION CONNECT Contract Description 2 Contract Type* AGREEMENT Amount* 935,400.00 Renewable* YES Automatic Renewal Grant IIGA Department Requested BOCC Agenda Due Date INFORMATION Date* 06/17/2023 TECHNOLOGY-GIS 06/21/2023 Department Email CM - I nforrnationTech nol ogyG15@ we Idgov. corn Department Head Email CM- 1nformationT,echnologyGIS- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO R N EY@WELDG OVCOM Will a work session with BDCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/REP#* 8.2300060 if this is a renewal enter previous Contract ID If this is part of a NSA 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. Review Date* 06,01 ;2024 Renewal Date' 15,`2024 Termination Notice Period Contact Information Contact Info Contact Name. Purchasing Purchasing Approver CONSENT Approval Process Department Head RYAN ROSE DH Approved Date 06)22 2023 Final Approval I1OCC Approved SOCC Signed Date BOCC Agenda Date 06,,28,2023 Originator SWHITMORE Contact Type Committed Delivery Date Expiration Date Contact Email Finance Approver CONSENT Contact Phone I Purchasing Approved Date 06;22 2023 Finance Approved Date 06122,2023 Tyler Ref AG 062823 Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 06 22=`2023 MEMORANDUM TO: Esther Gesick, Clerk to the Board April 26, 2023 FROM: Ryan Rose, Chief Information Officer SUBJECT: B2300060, Envision Connect Replacement BOCC Approval Date: May 10, 2023 Proposals were received and opened on March 15, 2023 for Envision Connect Replacement (HEE-1409 Replace Envision Connect). Two (2) proposals were received ranging from $85,200.00 to $290,655.00. Attached is the bid tabulation for your information. The Information Technology staff reviewed all proposals. HS GovTech Solutions, Inc. out of Charlotte, NC proposed the lowest cost solution of $85,200.00 and meets the required functionality. Cost includes the software licenses, first year of support, and required professional services. With the above information, I recommend the BOCC award the Envision Connect Replacement to HS GovTech Solutions, Inc. for a total amount of $85,200.00. 5/(0 2bZ-6 — (114 I TUUIZ WELD COUNTY Dept. of Information Technology PO Box 758 / 1401 North 17th Avenue, Greeley CO 80632 E-mail: jmundt@weld.gov Phone: (970) 400-2521 Fax: (970) 304-6572 DATE OF BID: March 15, 2023 REQUEST FOR: Envision Connect Replacement DEPARTMENT: INFORMATION TECHNOLOGY / ENVIRONMENTAL HEALTH BID NO: #B2300060 PROJECT NAME: HEE-1409 Replace Envision Connect PRESENT DATE: April 26, 2023 APPROVAL DATE: May 10, 2023 Vendor Name Product Total Bid Amount Ongoing Costs Address (includes first year support) (annual recurring fees) HS GovTech Solutions, Inc. 436 Eat 36th Street Charlotte, NC 28205 HSCloud Suite $ 85,200.00 $28,008.00 sCube, Inc. 1462 Erie Boulevard, Suite C101 Schenectady, NY 12305-1026 Accela Environmental Health Civic Application $290,655.00 $ 65,835.00 ** Bids are being reviewed at this time by dept.** 2023-1174 Ii-ootZ Hello