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Home My WebLink About20231368.tiffConi-vaci tD0(0gaB BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: DEPARTMENT: JPASS Pay -As -You -Go Support Agreement Information Technology / GIS PERSON REQUESTING: Ryan Rose DATE: 5/3/23 Brief description of the problem/issue: This agreement establishes discounted hourly rates for Weld County to obtain paid support hours from Harris Corrections to support JPASS software used by the Pretrial group in Justice Services. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) Approve agreement to enable support 2) Schedule work session to discuss Recommendation: Option 1 is recommended, to approve this agreement to enable access to technical support at a discounted rate. Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine C,0115tn+ PICtre(SL 5/!5/23 Approve Reca{nmendation Work Session Other/Comments: Schedule vathla& f's(?& .57/1,5 2023-1368 JS 0003 l 0012 Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine@weldgov.com Website: www.co.weld.co.us In God We Trust Lori Saine Thursday, May 4, 2023 10:13 AM Karla Ford RE: Please Reply - IT PA JPASS Pay -As -You -Go Support Agrmt Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Karla Ford <kford@weld.gov> Sent: Thursday, May 4, 2O23 7:2O AM To: Lori Saine <Isaine@weld.gov> Subject: Please Reply - IT PA JPASS Pay -As -You -Go Support Agrmt Importance: High Please advise if you approve recommendation. Thank you! Karla Ford Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford(weldgov.corn :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** 1 .44> HARRIS �1e CORRECTIONS THIS PAY AS YOU GO SUPPORT AGREEMENT is made as of the 4th day of May, 2023 between the party described in the Agreement Details (the "Client") and HARRIS CORRECTIONS SOLUTIONS INC. ("HCOR"), having a place of business at 2429 Military Road #300, Niagara Falls, NY 14304 . WHEREAS the Client may, from time to time, require software technical support services on account of the Licensed Software (defined below), and is of the opinion that HCOR has the necessary qualifications, experience and abilities to provide such services to the Client. WHEREAS HCOR is agreeable to providing the services to the Client on the terms and conditions set out in this agreement. NOW THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Definitions and Exhibits 1.1 Definitions As used in this Agreement: (a) "Agreement Details" means the specific terms identified in Exhibit A to this Agreement; (b) "Application Package" means the Licensed Software together with the Database; (c) "Database" means the Microsoft Power Platform entities, attributes & relationships licensed to the Client for the purpose of using the Licensed Software; "Defect" means a failure of the Licensed Software to perform the designed functionality caused by an error in the software; "Licensed Software" means those modules of the software application programs collectively known as the Offender36, Solution that has been licensed for use by the Client, and described in the Agreement Details; "Production System" means the computer operating environment together with Application Package used by the Client in the live processing of its data; (g) "Support" means: (i) responding to inquiries concerning reported Incidents in the Licensed Software and (0) correcting those problems diagnosed as Defects in the currently supported version of the Licensed Software. In resolving Defects, HCOR may provide a written response, software patch, or supplementary documentation. (d) (e) (f) 1.2 Exhibits The following exhibits, as amended from time to time, form part of, and are incorporated into this Agreement by reference: Exhibit A 2. Support Services Description Agreement Details Target Service Levels 2.1 Support Services HCOR will provide Support to the Client by telephone, e-mail, or Customer Portal during the times specified in the Agreement Details. Unless otherwise specifically provided in this Agreement, services provided under this Agreement are limited to Support of the Licensed Software to the exclusion of the Database or any other third -party software or hardware. 2.2 Service Levels HCOR will use commercial best efforts to adhere to the service levels and response standards set out in Exhibit B. 2.3 Services Out of Scope HCOR shall endeavor to assist with all inquiries made to HCOR personnel under this Agreement. However, if the inquiry is not related to a problem with the Licensed Software, HCOR shall direct the Client to the appropriate 3d party supplier for resolution. For the avoidance of doubt, Microsoft Power Platform or Microsoft Dynamics programs do not constitute Licensed Software (as defined) and any related services are out of scope of this Agreement. 2.4 De -Support HCOR shall provide Support for the current release of the Licensed Software for as long as commercially reasonable. To the extent technological obsolescence of the Licensed Software and/or materially dependent third -party products (including the Database and other software and technology enablers) hinders the ability of HCOR to continue providing support on a practical, commercially reasonable basis, HCOR may elect, in its sole discretion and at any time, to provide the Client with 3 months advance written notice of its intention to de -support such obsolete versions at the end of such notice period. 3. Client Obligations 3.1 General Obligations Without cost to HCOR, the Client shall provide to HCOR full co-operation and assistance to enable HCOR to provide the Support contemplated hereby. In particular, and without limitation, the Client will: (a) (b) (c) (d) (e) (f) (g) (h) establish and maintain an internal support desk whereby all reported incidents would be first diagnosed and confirmed as bona fide Defects before logging a support call to HCOR. Only those individuals listed in the Agreement Details (as amended from time to time) may make support calls to HCOR; provide and maintain a separate, functional environment to which HCOR has access that will reflect the Production System and contain at least a representative sample of current offender data where the Client will install all patches and Defect corrections, and which will be used by the Client for acceptance testing prior to promotion to the Production System; perform all Microsoft Power Platform administration as may be required for the continuing operation, speed and optimal performance of the Application Package that includes backup and recovery, and capacity management; supply all pertinent data and information, as requested; make available such employees of the Client as HCOR may reasonably request; report problems or faults within such time, in such form and with such degree of particularity as HCOR may, from time to time, request; ensure that its personnel are fully trained in the use and operation of the Licensed Software; and only use the Licensed Software in accordance with the procedures for the use of the Licensed Software in the manner and for the purpose of which it was originally intended by HCOR as reflected in its design and having regard to the business practices of the Client, both of which are established in system administration training provided by HCOR. 3.2 Production System HCOR will not have access to the Client's Production System unless, in the event of an emergency or crisis and at the specific request of the Client, the Client provides HCOR with electronic or other access for the purpose of applying data corruption fix and, in which event, HCOR assumes no liability resulting from such emergency or crisis access except for willful negligence on the part of HCOR. 3.3 Timely Error Correction The Client understands and agrees that all Defect corrections should be promptly implemented in the Production System and acknowledges that its failure to so implement such Defect corrections may render the Licensed Software unusable or non -conforming to documentation and may result in the need for additional services. The Client agrees to install and put into production use all corrections to Defects as soon as practicable but in no event later than 30 days of delivery by HCOR. HCOR PAYG Controlled Version 23/2 HARRIS 41� CORRECTIONS 3.4 Maintain Environment For all deployment environments (On - premise, Client hosted or Cloud hosted) the Client acknowledges and agrees that maintenance of all computer hardware, communications equipment and/or software, cabling, peripherals and any other hardware equipment necessary for the operation of the Application Package shall be the exclusive obligation of the Client or its hosted services provider (as the case may be). In particular, HCOR will not be responsible to provide any assistance under this Agreement required as a result of any: modification, change or upgrade to any hardware or software, including modifications to any Cloud system configurations, (other than any modification, change or upgrade made by HCOR to the Application Package); damage to the Application Package by accident or other external cause due to the fault or negligence of any party other than HCOR, or the use by the Client of the Application Package in other than its normal and customary manner; or as a result of any modification to the Application made by the Client or any party other than HCOR, even if HCOR has knowledge of the possibility of such potential loss or damage. 3.5 Cloud Deployments For Cloud hosted environments (i.e., Microsoft Azure), the Client acknowledges and agrees that all hosting fees, tenant subscriptions, support agreements, etc., necessary for the operation of the Application Package are the exclusive obligation of the Client. Fees and Expenses 4.1 Fees for the Support services provided under this Agreement, HCOR shall charge the Client on a time and materials basis ("T&M") at the rates set out in the Agreement Details. Any other services must be authorized in advance by the Client representative having authority to approve additional expenditures under this Agreement. The names and titles of such authorized parties are listed in the Agreement Details. 4.2 Additional Software. Any additional support services or enhancements to the Licensed Software not provided for within the terms of this Agreement shall be the subject of a separate agreement or a variation to this agreement, as agreed between the parties at the time. 4.3 Expenses Unless otherwise specifically provided in the Agreement Details, the Client will reimburse HCOR for all reasonable pre -approved expenses necessarily and actually incurred by HCOR in providing Support provided that HCOR submits detailed periodic invoices and supporting documentation. If HCOR representatives are required to provide services at locations other than at the premises of HCOR, reasonable expenses also include the travel, accommodation and per diem expenses of such representatives. 4.4 Default of Payment If the Client fails to pay HCOR as required by this Agreement, in addition to any other remedies that may be available to it, HCOR shall not be required to provide Support services after providing written notice to that effect to the Client. 5. Warranties 5.1 Warranty HCOR warrants that it shall perform the Support in accordance with the standard of care and diligence normally practiced by software firms performing services of a similar nature and with the performance criteria set forth in Exhibit B. 6. Indemnification; Liability Cap A. HCOR warrants that the products and services provided under this Agreement will not infringe any third party intellectual property rights. If a third party brings an action against the Client based upon a claimed breach of this warranty, then HCOR will, at its own expense, settle the claim or defend the Client in such proceeding and HCOR will pay all settlements, costs, damages and legal fees. If such a claim is brought Client will: promptly notify HCOR in writing of the proceeding, provide Client a copyof all information received by Client with respect to the proceeding, cooperate with HCOR in defending or settling the proceeding, and allow HCOR to control the defense and settlement of the proceeding, including the selection of attorneys; provided, however, any such settlement that creates an obligation on Client must be approved in advance by Client. Client may participate in the proceeding at its own expense. If such a proceeding is brought or appears to HCOR to be likely to be brought, HCOR may, at its sole option and expense, either obtain the right for Client to continue using the allegedly infringing item(s) or replace or modify the item(s) to resolve such proceeding. If HCOR finds that neither of these alternatives is available to it on commercially reasonable terms, HCOR may require Client to return the allegedly infringing item(s), in which case Client will receive a refund of the amounts paid by it for the returned item(s) and/or any associated services fees under this Agreement. B. HCOR shall defend, indemnify and hold harmless Client, its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses and expenses (including but not limited to, court costs and reasonable attorney fees, expert witness fees) (a) to the extent arising out of the willful misconduct or fraud of HCOR or those persons for whom HCOR is legally responsible, or (b) for bodily injury, tangible property damage, or death to the extent arising out of the acts or omissions of the HCOR or those persons for whom HCOR is legally responsible." C. Except in relation to the indemnities specifically provided for hereunder, HCOR will not be liable to Client for any indirect, incidental, special or consequential claims, damages, losses or expenses of any kind whatsoever and however caused, whether arising under contract, tort (including negligence) or otherwise, including (without limitation) loss of production, loss of or corruption to data, loss of profits or of contracts, loss of business, loss of management or operation time and loss of goodwill or anticipated savings, even if HCOR has been notified of the possibility thereof or could have foreseen them. Furthermore, except in relation to such indemnities, HCOR's aggregate liability for direct damages in respect of this Agreement will be limited to the fees paid or payable to HCOR by Client during the twelve months preceding the circumstances in which such liability arises, and in any event never more in aggregate for all liabilities in excess of the fees paid or payable to HCOR by Client pursuant to this Agreement. 7. Term and Termination 7.1 Term The term of this Agreement commences on the date and continues for the period specified in the Agreement Details. Thereafter, this Agreement will be renewed annually by HCOR giving the Client 30 -days prior written notice setting out the terms and conditions of the renewal including any changes to fees under this Agreement. HCOR will offer subsequent renewals so long as the Client is not in breach of Part 3 and provided all amounts due to HCOR are paid when due. 2 HCOR PAVG Controlled Version 23/2 ri HARRIS 4, CORRECTIONS 7.2 Client Right to Terminate. This Agreement and the services provided hereunder shall terminate in each of the following events; (a) Client reserves the right to terminate this Agreement without penalty or future liability at its fiscal year end due to lack of appropriations; or (b) Client shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term thereof, for Client's convenience and without cause by giving HCOR thirty days written notice of such termination. In the event of termination under clause 3) or (b), HCOR will be paid for those services performed, pursuant to this Agreement, up to and including the date of HCOR's receipt of notice of termination. In no event will the Client be liable for costs incurred by HCOR after receipt of such notice of termination. 8. General 8.1 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. 8.2 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. IN WITNESS WHEREOF the parties have executed this Pay as You Go Support Agreement as of the date first set out above. HARRIS CORRECTIONS SOLUTIONS, INC. Per: K (AuthorrJ€d Sigory) Name: Kerry Lynn vv Executive Vice President Title: May 10, 2023 Date: Execution by the Client: Per: �Q • - - (Authorized Signatory) Name: Mike Freeman Chair, Board of Weld Title: County Commissioners Date: MAY 1 5 2323 3 HCOR PAYG Controlled Version 23/2 :20at5- J31i1 1 HARRIS Ara CORRECTIONS Exhibit A Agreement Details 1. Description of the Client: Weld County, Colorado 2. Description of the Licensed Software (section 1.1(e)): Offender360 Pre -Trial Case Management 3. Support hours (section 2.1): Pay as You Go Support Agreements are offered on a first come, first served basis during the business hours of 08:00 am through 20:00 pm EST, Monday through Friday. After hours support coverage is not available. For customer portal access see https://harriscorrections.com/support/ 4. Designated Client support personnel (section 3.1(8)): Brian Hayes bhayes@weldgov.com 970-400-2545 Monty Payne mpayne@weldgov.com 970-400-2529 5. Support fees (section 4.1): Pay as You Go Support Agreements are offered on a T&M basis. The current rate is $198.00 per hour. Unless otherwise agreed, HCOR shall invoice the Client on or about the first business day of each month; compensation shall be computed by multiplying the T&M rate by the number of direct labor hours performed in the preceding month. t 6. Designated Client signing authorities (section 4.1): Mike Freeman, Chair Board of County Commissioners Weld County, Colorado 7. Effective date and term of Agreement (section 6.1): The term shall commence upon execution of this Agreement by Client and continue fora period of 365 days. 1. The T&M rates remain fixed fora period of one (1) year. Thereafter, HCOR may adjust T&M rates upon thirty (30) days prior written notice. T&M Rates are exclusive of any federal, state or provincial tariffs, duties or sales taxes, or gross receipts taxes which shall be paid by the client. Payment terms are net 30 days and overdue payments bear interest at 8% per annum. 4 HCOR PAYG Controlled Version 23/2 '01i HARRIS la``Ir CORRECTIONS Exhibit B Target Service Levels SCOPE Generally, software faults will be dealt with in the order that they are reported to HCOR, and these will take priority over Offender360 system development work and general enquiries. Faults involving total or partial system failure (Severity Levels 1 and 2) will be treated, in that order, as over-riding priorities and will receive prompt treatment from the resources available, within regular Business Hours. 2 SEVERITY DEFINITION / TARGET RESPONSE / TARGET RESOLUTION (Urgent / High priority) Level One Definition3 The Application Package does not permit use of core functionality (such as booking and Release and/or processing of transactions) on a system wide basis and a bypass or workaround is not available. Target Response Time HCOR shall respond by telephone or electronic means to the Client within one (1) Business Hour of initial notification to HCOR. Target Resolution Time° HCOR shall provide its commercial best efforts to effect a resolution within twelve (12) Business Hours of the initial notification. Resolution HCOR shall provide a program correction or program patch to the Client in order to resume operations. HCOR shall treat error correction activity of this nature on a high priority basis, until a program correction or patch is provided. Two Significant portions of the Application Package are severely impaired to the extent that major functions are inoperative. Major functions being classified as comparable to whole modules of the application (i.e., Visits, Classification). HCOR shall respond by telephone or electronic means to the Client within two (2) Business Hours of initial notification to HCOR. If the initial notification was not by telephone or not during HCOR business hours this response time shall start when the notification is received by Support personnel. HCOR shall provide its commercial best efforts to effect a resolution within twenty-four (24) Business Hours of initial notification to HCOR. HCOR shall provide the Client with a program correction, program patch or a procedure to bypass or work around the error condition in order to continue operations. If a bypass procedure is utilized, HCOR shall continue error correction activity until a program correction or program patch is provided. Three The Application Package is impaired to the extent that some non -critical functions are not operating. Non -critical functions are classified as forms or reports that shape part of a major function but does not impair the major function to be totally inoperative. HCOR shall respond by telephone to the Client within eight (8) Business Hours of initial notification to HCOR. If the initial notification was not by telephone or not during HCOR Business Hours, this response time shall start when the notification is received by Support personnel. HCOR shall provide its commercial best efforts to effect a resolution within forty-five (45) calendar days. HCOR shall provide resolution in the form of, a written response, software patch, supplementary documentation, a temporary means of circumventing the problem pending a Support Release or other correctional aids; Four This Severity Level represents cosmetic defects that do not affect the functionality but do affect the general look and feel of the Application Package. HCOR shall respond to the Client within sixteen (16) Business Hours of the initial notification to HCOR. If the initial notification was not by telephone or not during HCOR Business Hours, this response shall start when the notification is received by HCOR personnel. HCOR shall provide its commercial best efforts to effect a resolution within ninety (90) calendar days. HCOR shall provide resolution in the form of, a written response, software patch, supplementary documentation, a temporary means of circumventing the problem pending a Support Release or other correctional aids; 2 "Business Hours" means 08:00 am through 20:00 pm EST, Monday through Friday. 3 HCOR reserves the right to reclassify a reported Defect in accordance with the Severity Definitions set forth herein. Target Response Time shall not commence until Client has provided HCOR with sufficient information regarding the reported Defect to permit HCOR to begin diagnosing the problem, including, but not limited to, sufficient information to reproduce the reported Defect. ° Client understands and accepts that although HCOR will use commercial best efforts to meet the above Resolution Target(s); such targets are estimations only and not a guaranty of Defect correction by such time. 5 HCOR PAYG Controlled Version 23/2 ��`1`�I HARRIS ,• CORRECTIONS SERVICE PROCESS Exhibit B Target Service Levels 1. If the reported problem is Severity 1 or Severity 2 issue, Client will call HCOR at (208) 563-0490 during regular business hours of 08:00 AM through 20:00 PM (Eastern Standard Time). To the extent a call is made after 19:00 it shall be deemed to be received at 08:00 the next Business Day. 2. If the reported problem isa Severity 3 or Severity 4 issue, Client will log a ticket with HCOR by using the Customer Support Portal, or by calling (208) 563-0490 during Business Hours. 3. If the problem is Severity 3 or 4 issue and is reported in the Customer Support Portal outside Business Hours, the ticket will be deemed to have been lodged on the next business day. [Balance of page intentionally left blank] 6 HCOR PAYG Controlled Version 23/2 Contract Form New Contract Request Entity Information Entity Name* Entity ID' HARRIS CORRECTIONS SOLUTIONS INC O00046627 Contract Name. 2023 JPASS PAY-AS-YOU-GO AGREEMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 6938 Contract Lead* JMUNDT Contract Lead Entail jmundtaco.weld.co.us Parent Contract ID Rec YES d Department Project Contract Description ENABLES WELD COUNTY TO CALL THE HARRIS SUPPORT DESK FOR BILLABLE HOURS TO SUPPORT JPASS SOFTWARE FOR THE. JUSTICE SERVICES DEPARTMENT. ENABLES EXPENDITURE BUT DOES NOT ENCUMBER FUNDS. Contract Description 2 Contract Type* AGREEMENT Amount * $0.00 Renewable NO Automatic Renewal Department INFORMATION TECHNOLOGY-GIS Department Email CM - I nformationTechnologyGIS` weldgov.com Department Head Email CM- InformationTechnologvGIS- DeptHead weldgay.c©m County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORN EYSOWELDG OV.COM Requested BOCC Agenda Date. 05.15F2023 Due Date 05O1,2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a IASA 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* 03,01:2024 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 05 17 2024 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CONSENT 05 10 2023 Approval Process Department Head RYAN ROSE DH Approved Date 05110;2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05 15'2023 Originator JPIUNDT Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 05(10!2023 05/10/2023 Tyler Ref I AG 051523 Hello