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Home My WebLink About20163341.tiff0,0M-rok_c,,F ID *145,5 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Contract extension Futurity IT Inc. Orion Damage Assessment Program DEPARTMENT: Emergency Management DATE: February 16, 2021 PERSON REQUESTING: Roy Rudisill Brief description of the problem/issue: Commissioners, The Orion program is the web -based program we use for damage assessment, the original contract signed with Futurity IT inc. in 2016 included a one-year maintenance agreement, the BOCC approved a three-year contract extension in Jan 2018. I'm requesting a contract extension for an additional three years retroactive to Nov 1, 2020. This will keep us in line with our current billing for the services. This will allow OEM to continue to use the program and pay the annual fee. This program is designed to help us track damages from emergencies and disasters. This program is very important for OEM, it allows us to document damage and export reports to the State and FEMA if needed in a timely manner. The annual cost is $3,500.00 and is budgeted in the OEM budget. Please see the attached contract extension and prior contract documents for your review. I request you authorize me to add this to the BOCC agenda. What options exist for the Board? (include consequences, impacts, costs, etc. of options): IT reviewed the program and recommended we stay with the current program. The BOCC can deny the contract extension, however we have $17,500.00 invested with the company and use of the program is available to all communities across the County. Recommendation: Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro-Tem Steve Moreno, Chair Lori Saine Conf fepota 03/17 iw Schedule Work Session Other/Comments: 0-71,64.0 gm-) 3//7/0z/ aM00n CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT AND FUTURITY IT INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 11441 day of _Oar 2O?$tby and between the Board of Weld County Commissioners, on behalf of the Weld County Office of Emergency Management hereinafter referred to as the "OEM", and Furturity IT Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No.2016-3341, approved on October 31, 2016. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement ended on December 31,2017 • An extension was approved by the BOCC on January 22, 2018 • The parties agree to extend the Original Agreement for an additional three-year period, which will begin November 1, 2020, and will end on November 2, 2023. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. Continuation of the annual fee of 3,500.00 for maintenance of the Orion damage assessment program 2. The original Scope of Work marked as Exhibit A is replaced with an updated Scope of Work marked Exhibit A-1 which is Attached hereto and incorrprated in by reference. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRAC/TOR: �kccli f L e Printed Name Heidi Hessler Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair MAR 1 7 2021 ,�i Deputy Clerk m/4.-3,541 C-,th,10.4 A-i STATEMENT OF WORK Effective 11/1/2020 To the SaaS Subscription Agreement Between Futurity IT, Inc. ("Futurity") And Weld County, CO ("Customer") Dated 10/31/2016 ("Agreement") 1. Software Subscription. Futurity shall provide access to the customer to the Orion Damage Assessment Software subject to the terms and conditions of the Agreement. A detailed description of the software is attached hereto as Appendix 1. 2. Services and Support. 2.1. Online Training: up to four (4) hours of web -based administrator training for the Program. Additional training is available separately for an additional cost. 2.2. Emergency Technical Support: twenty-four (24) hour daily support during Emergency Operations Center activations. 2.3. Coverage Area: the license coverage area shall be limited to the geographic boundaries of Weld County, CO. 3. Term. The term is of this agreement shall be three (3) years, commencing on the effective date listed above in the attached agreement and ending on 11/01/2023. 4. Fees. 4.1 Software License Subscription Fee: Annual Price: $3,500.00 Number of Permitted Users: 1000 Amount Payable: $3,500.00 4.2 Services Fee: 4.2.1 Online Training: up to four (4) hours of web -based administrator training for the Program. Additional training is available separately for an additional cost. 4.2.2 Emery encv f echnical Support: included in the amount of the Subscription Fee for the Initial Term at no additional cost. 5. Renewal Terms. This SOW agreement shall automatically renew at the following Renewal Fee for successive three-year terms, beginning 11/01/2023, unless either party gives the other written notice of termination at least sixty (60) days prior to expiration of the then -current term. Price: $3,500.00 Number of Permitted Users: 1000 Amount Payable: $3,500.00 5.1. Online Training: Up to two (2) hours of web -based administrator training for the Program. Additional training is available separately for an additional cost. 5.2. Emergency Technical Support: included in the amount of the Subscription Fee for the Initial Term at no additional cost. 6. General. Any change to this Statement of Work shall be subject to mutual written agreement of the parties. Additional Statements of Work may be added to this Agreement by mutual agreement of the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives to be effective as of the Effective Date. Futurity IT, Inc. By: Name: Title: Date: Heidi Hessler CEO 10/31/2020 Weld County, CO By: Name: Title: Date: Steve Moreno BOCC Chair MAR 1 7 2021 L'lpendix 1 Detailed Description of Orion Disaster Pre -Planning & Damage Assessment Software: "Orion Flyer 2018" ORION Dtsastor Pre-Pianntny & ()carnage Afc,ce,tri---lilt Solution MOBILE DAMAGE ASSESSMENT DISASTER PREPLANNING AUTO-F1LL FEMA FORMS QBETTER DOCUMENTATION WITH MOBILE APP • Inventory pictures and details of critical public infrastructure before the disaster. • Conduct damage assessments that integrate property assessor data and geo-location technology. 0 SITUATIONAL AWARENESS • dashboard provides real time GIS mapping and auto - aggregates all information from the field, • FEMA reports are instantly generated and auto filled. - Project manager tracks labor and equipment costs with FEMA cost codes. QINSTANTANEOUS REPORTING • Create auto -filled FEMA reports with one dick - including: IA Summary, Public Assistance, FEMA PDA, SBA Summary, Special Needs Households, FEMA 90-49, and more. 24 + 888.384.0970 201 Spear Street, Ste. 1100 San Francisco, CA 94105 www.OrionProtected.com GO MOBILE instant field data capture sync with team & EOC AUTO -FILL FEMA FORMS Save time and increase reimbursements with better documentation Fur an online demonstration or free trial of Orion. See how we can save you valuable staff time and help increase your reimbursements after a disasterI CLOUD -BASED DASHBOARD & GIS MAP Means you have real-time situational awareness anywhere Contract Farm New Contract Request Entity In ion Entity Name* FUTURITY IT INC Entity ID* P00©373©6 ❑ New Entity? Contract Name* Contract ID CONTRACT EXTENSION FUTURITY IT INC:. ORION DAMAGE 4525 ASSESSMENT PROGRAM Contract Status CTB REVIEW Contract Lead* GMARQUEZ Contract Lead Email gmarquez@co.weld.co.us Contract Description* ORION PROGRAM IS THE WEB -BASED PROGRAM THAT IS USED FOR DAMAGE ASSESSMENT Contract Description 2 Contract Type CONTRACT Amount* $3,500.00 Renewable* YES Automatic Renewal Grant IGA Department OEM Department Email CM-0EMgweldgov.com Department Head Email CM-OEM- DeptHead awveldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EYPNELDG OV.COM Requested BOCC Agenda Date* 03/08'2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 0304x2021 Will a work session with BQCC 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 PASA enter WA. 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* 01/3112022 Termination Notice Period Committed Delivery Date Renewal Date 02,28:2022 Expiration Date Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CONSENT 03;11 2021 Approval Process Departrnent Head ROY RUDISILL DH Approved Date 03/1112021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03,'17x2021 Originator GMARQUEZ Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 03 11 2021 03,' 11 2021 Tyler Ref # AG 031 721 r12" t :2,d\(,a VAI\ BOARD OF COUNTY COMMISSIONERS LOrnl1ia-Ci PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Contract extension Orion Damage assessment program DEPARTMENT: OEM PERSON REQUESTING: Roy Rudisill Brief description of the problem/issue: DATE: Jan 4 201 The Orion program is the web based program we use for damage assessment, the original contract was for one year. I'm requesting an extension of the contract for an additional three years. This will allow us to continue to use the program and pay the annual fee. This program is designed to help us track damages from emergencies and disasters. This program is very important for OEM, it allows us to document damage and export report to the State and FEMA if needed in a timely manner. The annual cost is 3500.00 and is budgeted in the OEM budget. Please see the attached contract extension for your review. I request you authorize me to add this to the BOCC agenda. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Approve the extension, deny the extension, if this is done then we need to identify another program to use, however we have invested 17,500.00 into the program. Recommendation: Approve the extension Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro-Tem Steve Moreno, Chair cto nSQsL —1 Approve Recommendation c� Schedule Work Session Other/Comments: CG- a,DEu) /-aa-/OP CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT AND Futurity IT Inc. This Agreement Extension/Renewal ("Renewal'), made and entered into 1 day of January, 2018, by and between the Board of Weld County Commissioners, on behalf of the Weld County Office of Emergency Management, hereinafter referred to as the "OEM", and Futurity IT Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2016-3341, approved on October 31,2016. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on December 31,2017. • The parties agree to extend the Original Agreement for an additional 3 years period, which will begin Jan 1, 2018, and will end on December 31,2020. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. continuation of annual fee 2. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Heidi Hessler, CEO Printed Name Signature ATTEST: ."""' "" *' " " JdO;4, BOARD OF COUNTY COMMISSIONERS Weld C• n y lerk to the Beard _�� WELD COUNTY, COLORADO BY: Deputy Clerk the Board Steve Moreno, Chair JAN 2 2 23B o2a/ - ,33 RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR DISASTER PLANNING AND AUTHORIZE CHAIR TO SIGN - FUTURITY, IT, INC./ORION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Professional Services for Disaster Planning between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of Emergency Management, and Futurity, IT, Inc./Orion, commencing upon full execution and ending with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Professional Services for Disaster Planning between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of Emergency Management, and Futurity, IT, Inc./Orion be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of October, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dial.%) G: • eido; ci Weld County Clerk to the Board Mike Freeman, Chair l y, Sean P. Conway, Pro-Tem AP'-��EDA��'iR ►fit ��)`= !►� ka rbara Kirkmeye 0 of%ttorney Date of signature: t \ /SI (Co Steve Moreno GG.C'E.rv1CC�R� tl/ci/ICo, 2016-3341 EM0017 TO: Board of County Commissioners FROM: Roy Rudisill, OEM DATE: September 30, 2016 SUBJECT: Orion Damage Assessment Program Commissioners, one of the projects OEM has been working on this year is a damage assessment program that will help during an emergency or disaster. This program will provide better documentation and real time updates of damage caused by the disaster or emergency. OEM conducted research after the 2013 flood and reached out to several vendors to find a product that will meet our needs as a County. We worked with IT, Assessor's Office, Public Works and the Building Department in Planning to make sure this was a tool that can be used across several departments. The BOCC approved this project during the 2016 budget process and we have identified a vendor, Orion. We have held several presentation and conference calls with Orion staff to make sure our data integration will work with Orion's product and our County programs already in use. One of the items identified during our meetings was the need to make sure if updates are completed to the assessment data, there is a way to track the changes made. This was not included in the original budget of estimated costs, this is an additional $2,250.00 and is a fee that would be added to our annual costs as needed. This would require our IT department and Orion to work on a specific export file to work in Acela. The contract is attached with exhibit A, the contract amount is $17,500.00 and has an annual fee of $3,500.00 for updating data and use of the Orion software. I believe this project allows us to be better prepared for completing damage assessments and provide better situational awareness to the BOCC on the need to consider a disaster or emergency resolution I request you authorize me to schedule this for a BOCC meeting to approve the contract. Agree with Recommendation Staff Work Requested Session Comments Freeman Mr Conway Kirkmeyer ro Cozad A.44,) wet,o z -..3-, „90/6inn tac--rli �-' hicAtirre4 Moreno � (v� 2016-3341 WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & ORION DISASTER PLANNING THIS AGREEMENT is made and entered into this lsiday of �� , by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Futurity IT, Inc. a Delaware Corporation who whose address is 201 Spear Street, Suite 1100, San Francisco, CA 94105, hereinafter referred to as "Contractor" OR "Contract Professional." WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services,_ and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional 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 Exhibit A which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. 2. Service or Work. Contractor 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 described in Exhibit A. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. This contract may be extended annually upon written agreement of both parties. 4. Termination. County has the right to terminate this Agreement, for cause, upon thirty (30) days written notice, however, Contractor shall have the right to cure any defect constituting cause for termination within 30 days of receiving such written notice. Contractor shall provide written notice to County of any cured defect. Furthermore, this Agreement may be terminated at any time by either party without notice upon a material breach of the terms of this Agreement. In the event of early termination of this agreement no refund will be provided to County. 5. Extension or Modification. 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. 6. Compensation/Contract Amount. Upon delivery of the software as a service, completion of agreed kickoff training session and final administrative set up by Contractor and County's acceptance of the same, County agrees to pay an amount no greater than $17,500 first year and $3,500 each annual renewal beginning year two which are the amount set forth in Exhibit A. 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. 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 from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular o2a/G,L5•5`�� reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Rights and Title a. Program. The Program, the Orion Software as a Service, is licensed and not sold to County. All Intellectual Property Rights and all other rights, title and interest of any nature in and to the Program, and any related content, Documentation and Services provided or made available by Contractor hereunder, including all modifications, upgrades, customizations and derivative works (whether or not permitted under this Agreement) thereof, are and shall remain the exclusive property of Contractor and its licensors. Except as expressly set forth herein, nothing in this Agreement shall be construed as transferring any rights, title or interests to County or any third party. Contractor and its licensors reserve any and all rights not expressly granted in this Agreement. b. County Data. As between the County and Contractor, the Intellectual Property Rights and all other rights, title and interest of any nature in and to the County Data are and shall remain the exclusive property of County and its licensors, which will be stored on Contractor's database. The County acknowledges and agrees that it remains solely responsible and liable for the County Data and for the permitted uses of such County Data under this Agreement. The County controls access to the County Data and has full administrative control over such data, including by its right to view or modify it. Except as expressly set forth herein, nothing in this Agreement shall be construed as transferring any rights, title or interests to such County Data to Contractor or any third party. Anonymous Information. Contractor may collect, use and publish Anonymous Information, and disclose it to its third party service providers, to provide, improve and publicize Contractor's programs and services. "Anonymous Information" means non -identifiable information regarding use of the Program (e.g., aggregated and analytics information about use of the Program). Contractor owns all Anonymous Information collected or obtained by Contractor. 10. Confidentiality. Contractor agrees to keep confidential all of County's confidential infonmation. 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 wan -ants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all 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. 12. Acceptance of Services Not a Waiver. 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. Acceptance by the County of, or payment for, the services 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. Limitations of Liability Each party shall be fully responsible and liable for any and all injuries or damage arising out of and received or sustained by any person, persons, or property on account of the performance of its officers, agents, and employees, under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the party in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. Notwithstanding the above statement, Contractor's liability to County or to any third party is limited to the consideration County actually paid to Contractor hereunder during the twelve (12) month period preceding the event giving rise to Contractor's liability. 14. Indemnification. Contractor hereby agrees to defend and indemnify County against any damages awarded against County by a court of competent jurisdiction in connection with a third party claim, suit or proceeding that County's use of the Program within the scope of this Agreement infringes any copyright or trade secret of a third party. Contractor shall have no obligations or liability hereunder to the extent that the alleged infringement is based on the County Data. Without derogating from the foregoing defense and indemnification obligation, if Contractor believes that the Program, or any part thereof, may infringe, then Contractor may in its sole discretion: (i) obtain (at no additional cost to County) the right to continue to use the Program; (ii) replace or modify the allegedly infringing part of the Program so that it becomes non- infringing while giving substantially equivalent performance; (iii) require that use of the (allegedly) infringing Program (or any part thereof) shall cease, and in such event County shall receive a prorated refund of any Subscription Fees paid for the unused portion of the applicable subscription period; or (iv) terminate this Agreement immediately, and in such event County shall receive a prorated refund of any Subscription Fees paid for the unused portion of the applicable subscription period. This Section 1 1.1 states Contractor's entire liability and County's exclusive remedy for any claims of infringement. 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. 16. 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. 17. 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. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perfonn services of the same or similar nature. 19. 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. 20. 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. 21. 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. 22. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-1 0-101 et seq., as applicable now or hereafter amended. 23. 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. 24. 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. 25. 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. 26. 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 Exhibit A 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. �I� WITNESS WHEREOF, the parties hereto have signed this Agreement this � day of CONTRACTOR: Futurity IT., Inc. By Date 9/29/2016 Name: Heidi Hessler Title: CEO WELD COUNTY:: ' C� ATTEST: ddritt/11 Cam• `&11);41 Weld • ty Clerk to the Boa BY: Deputy Cl to the Boa BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, OCT 3 1 2016 026/G ..3'f l Coordinated and Comprehensive Disaster Planning & Damage Assessment Solution for Weld County, CO • EXHIBIT ORIO www.OrionProtected.cora:: Corporate: San Francisco, C Regional: 303.400.3388 9/20/201 Orioti Dism,:t.tir ['Limning :i\essi ent Solution ABOUT FUTURITY Futurity grew out of a strategic information technology consulting firm, founded in 2005. The Orion' system finds its genesis in company founder Robert Richard's doctoral dissertation, which showed a key need for a more unified and effective method of damage assessment. Consequently, Futurity began its exclusive focus on the Orion' software system - the most powerful and comprehensive cloud based mobile disaster planning & damage assessment system available. Futurity currently works with governmental agencies at all levels across the United States, enabling emergency managers to provide a lighting fast, coordinated response after a disaster. Moreover, Orion' users see a quantifiable savings in time, effort, and paperwork during the recovery phase. The company's core philosophy is to fully understand the challenges our clients face, and to work with them to deliver the best possible solution to remove those challenges in their business processes. In the development and design of the Orion system, Futurity IT realized the importance of creating a system that was both intuitive and easy -to -use. The entire idea of the design by Futurity IT (for both the Mobile App and the Dashboard) was to create a tool that was both easy -to -follow and easy - to -use for even the most technically challenged personnel and volunteers. And all designed to easily conduct Disaster Planning with documented physical locations, status, and condition...and to quickly conduct Damage Assessments and streamline the post disaster paperwork process. The end goal of Orion is by better documented assessment information and a more accurate process for managing and filing the information, will lead to greater reimbursable dollars coming back to the local communities For more information, please visit www.futurityIT.com or www.0rionProtected.com. Orion is currently used in 20 States and 1 US Territory. CHALLENGES IN DAMAGE ASSESSMENT Orion' Disaster Planning; &. Damage Assessment Solution Natural disasters caused an average of $16.8 billion annually in damage for the five years between 2007 and 2011 within the United States, according to the National Weather Service. Records over the last few decades point to an increasing trend in the frequency and costs of disasters. In fact, damage from disasters increased nearly 250°/o in the decade ending in 2009 over the 1980's. Immediately following the devastating effects of a natural disaster, local, regional, and state emergency management agencies, as well as FEMA, have responsibility for conducting timely and accurate damage assessments. The damage assessment process is one of the initial steps in recovery and rebuilding efforts, and allows emergency managers to gauge the scope and impact of the disaster on the community. However, many challenges present themselves in assessing damage at all levels of emergency management. • Local / Municipal level: Local emergency management personnel often have different forms and standards for collecting damage information, as well as the potential for data loss or double counting. Differing levels of training and experience for local emergency managers result in inconsistent standards applied to assessing damage. A further complication is the challenge of reporting this information at the county level in a timely fashion. • County / Tribal level: County and tribal emergency managers are often the focal point during an incident. Their responsibilities include in addition to damage assessment, response, incident command and control, coordinating efforts and communications between all levels of government. Time is of the essence in damage assessment and reporting. Urgency creates additional layers of complexity for already overwhelmed resources. Collecting, aggregating, and reporting information to state officials can be cumbersome at best. Following an incident, emergency personnel are responsible for coordinating recovery efforts and ensuring proper management of all projects involved in restoring their community, as quickly as possible. From both an economic and social perspective improved efficiency is desirable. • State level: Emergency management at the state level is primarily concerned with identifying the hardest -hit areas quickly in order to rapid response with the appropriate resources. Often times the situational picture is incomplete when decisions are being made. Having access to real time information would help guide state emergency management resources more efficiently. Accurate, timely information provides a better basis for response and escalation. Managing the situation more efficiently with immediate real time information ensures additional state and federal resources can be provided to those with most immediate needs. Presentation for Weld County, CO Paige 2 Orion' Disaster Planning & Damage Assessment Solution SOLUTION AND BENEFITS The issues facing emergency management personnel at all levels can be daunting. Emergency managers do their best over time to overcome challenges creatively. Pencil and paper forms, spreadsheets, and other tools allow emergency personnel to collect damage assessment information, yet these tools are inefficient, prone to error, and require additional work to understand the scope of the damage and respond accordingly. Emergency managers are often overwhelmed by the amount of paperwork and manual effort required to manage their communities' recovery, while also holding responsibility for continued planning/mitigation efforts. Mobile computing now provides the technological foundation to assist emergency managers in their responsibilities before and during an incident. Properly implemented mobile technology can decrease post -disaster response time. Yet mobile technology alone does not solve the challenges emergency managers face during and after an incident. What is required is a comprehensive, holistic approach to damage assessment and recovery; an approach the Orion' system alone delivers. The Orion' Approach supplies a comprehensive set of tools for emergency managers at all levels to respond to, and recover from, any hazard or incident - an intuitive "cradle to grave" approach. • Mobile Damage Assessment `�ituatic�t�a� if Awareness Reporting, & Data Exports Project Management This "cradle to grave" method provides jurisdictions at all levels the ability to: 1. Capture damage assessment data seamlessly in the field using mobile devices; 2. Collect and automatically aggregate totals - by FEMA structure type - in a central dashboard format; 3. View critical elements of the damage assessment information to form a more complete situational awareness; 4. Generate reports on -demand for common scenarios, such as individual and public assistance summaries; S. Export information, when necessary, to carry on additional analyses and investigation; 6. Create, manage, and closeout public assistance projects using an intuitive format, and produce FEMA compliant PA worksheets and forms; 7. Communicate to the community, state, and FEMA resources the status of projects and their impact on the community. The multi -level security model in Orion' provides an optional ability to deliver the power of the dashboard to all jurisdictions. For example, a county can provide view -only access to all the municipalities in that county to the dashboard, and provide edit or administrative access to only their constituent municipalities. Security and permissions are fully enforced at all levels of the system, and are completely configurable. This guarantees that all information collected at the municipal level rolls up to higher levels in a uniform and consistent format. Presentation tor Weld County, CO Page 3 Orion' Disaster Planning Damage Assessment Solution IMPLEMENTATION Implementation of Orion' is quick and easy (most implementations take a matter of hours), and the usability and intuitive interface of both the mobile device and the dashboard are enhanced by on -demand video training. The mobile device application uses exactly the same interface regardless of device, so training on multiple devices does not adversely affect the use of the system. With Orion' targeted to Apple and Android devices, covering 85% of the smart -phone / mobile device market in terms of platform acceptance. THE ORION' APPROACH Orion' takes a comprehensive approach in assisting emergency management at all levels. The Orion system is a two -component system, consisting of a MOBILE APP and a cloud -based web ("DASHBOARD") server. The mobile app can operate on both Apple iOS devices and Android -based devices independent of an Internet or other network connection. A few minimally enhanced features are available if the mobile app is connected to the Internet, but the web server (dashboard server) provides these features upon synchronization for those devices where the features were not available during data collection. The mobile app thus is 100% disconnected. Orion provides a sophisticated means of data synchronization between the client devices and the dashboard server, allowing for offline and real-time data collection. Orion's mobile app component -w--■...... .. 1.1 K a a 0 a a a a m OEM a c=a a® a a fat Orion's browser -based dashboard component Presentation for Weld County, CO Page 4 Orion' Disaster Planning & Damage Assessment Solution Orion is a two -component system approach that saves time, effort, and consists of the following essential components: a MOBILE APP and a cloud -based web ("DASHBOARD") server. 4 Ina Eras. laruL4 almlonect•el •... r... • r.—.. Ws, q!.e.r w.... lik...rr i.. ......._.._._._ N 14 Us* tryst iirta id•r•re +........._ .....w..._. 4 .� �......., .. _..... Mal. Y O—gue. r ' n. AI.... ow••.l 411 110 [41,11 use 1. Mobile Disaster Planning and Damage Assessment. The Orion' system leverages mobile device technology and gives emergency managers an intuitive, efficient tool for disaster planning and for collecting damage information in the field - whether or not an Internet connection is available. Internet connections are unreliable; Orion" works when the internet does not. The mobile component of Orion' takes advantage of features of mobile devices such as GPS, camera, speech recognition, and intuitive touch interfaces to provide an easy to use, consistent method to collect damage assessment information. Orion's mobile component includes: • Support for residential, public/infrastructure, business, and agricultural assessments. • Support for public assistance categories A through G. • GPS location identification and optional access to tax assessment data. • Capture damage images from device camera and automatically associate them with the property. • Record general property information, damage details, insurance information, contacts, and notes. • Identify households with special needs and capture utility disruptions. • Structural triage and preparation. • Citizen reported damage widget included. • Red Cross Ready (share Orion with Red Cross). • Complete independence from Internet connectivity requirements. • Synchronization of data to and from the dashboard server when network connectivity is available. • Intuitive, user-friendly touch -based interface and consistent regardless of device • Operational on Apple and Android mobile devices. Apple devices include iPhones, iPads, even iPod touch. Presentation for Weld County, CO Page Orion' Disaster Planning & Damage Assessment Solution .te• • I ••. • • .• wy Dy M.•••. r.v•,•IGet •j. Q ••p• • '•I•••.•• !f !•q♦ • •Y•♦.D. a• • eel ••• • • M ♦ }•,r• r taa af,tN. • • 4Wirt 4110 N I •SI•r ♦ •• 0 • • .1 •III* r. OOlt vQt. 4.11 Lim; age+ •.•. • ••. l•o • • . < 4 O•, • • • l•1. tiamiatir w 1 �a 2. Situational Awareness via the "Dashboard." The greatest tool available to an emergency manager is situational awareness: the ability to view the incident at a macro level, assess the threats and opportunities, and prioritize and designate the appropriate resources to respond accordingly. Once Orion' acquires damage assessment information, the system quickly aggregates and categorizes the information, and then uses this information to provide key situational awareness to emergency managers via the "Dashboard" in the form of high-level GIS capabilities, statistics, and supporting data. Orion's dashboard provides: • Cloud hosted at amazon web services for security and availability. • Synchronize data and photos. • Situational awareness through mapping, charts, and statistics. • Automatic estimate totals and data aggregation. • Collect and store document attachments per assessment • Access and edit assessment information. • Multi -level security. • Map locations by damage designation, structure type. • Map utility disruptions and special needs locations. Presentation for Weld County, CO Page 6 t Hull M1%i 1)ic:,iStc�r !'irl�ii�Ir1,) i j-1 i:1 ,L .144t)l ; Reporting and Data Exports via the "Dashboard." One of the most critical, yet time- consuming responsibilities of emergency management in a disaster scenario is reporting damage and loss information in an accurate and timely manner. In addition to incident details and GIS capabilities, Orion' delivers on -demand reports including Individual Assistance summary, Public Assistance summary, Small Business Administration summary, Special Needs reporting, and other key elements. GIS specific information within the system can be easily exported for further analysis into other GIS systems (using either ESRI shape files or KML files). Orion's reporting and data exporting features include: • Individual Assistance Summary report. • Public Assistance Summary report. • SBA & USDA reports. • Red Cross 5233 report. • Individual property report including photographs. • Export GIS Data to KML and shape files. Public Assistance Project Manager is Included (Recovery and Project Management). A conclusion to the response activities of emergency management personnel does not necessarily translate to a return to routine duties. If recover projects are needed, emergency managers must oversee these projects and document all the activities involved in the project for state and FEMA reimbursement. Orion' tracks all the activities of public assistance projects within the system, and easily renders any of the PA reports, including the PA worksheet, Request for Public Assistance, PA project worksheet, and all of the project -related forms for tracking costs and expenses. Public assistance within Orion includes: • Create multiple applicants and private non -profits. • Track and manage employees hours and overtime. • Track and manage equipment usage and rentals. • Track and manage materials manage contractor work. • Generate FEMA reports: o Request for Public Assistance (FEMA 90-49) o PA Applicant Worksheet o PA Project Worksheet (FEMA 90-91) o Special Considerations worksheet (FEMA 90-120) o PNP Facility Questionnaire (FEMA 90-121) o Force account labor summary record (FEMA 90-123) o Materials summary record (FEMA 90-124) o Rented equipment summary record (FEMA 90-125) o Contract work summary record (FEMA 90-126) o Force account equipment summary record (FEMA 90-127) o Applicant's benefits calculation worksheet (FEMA 90-128) o Preliminary Damage Assessment Summary Orion' Disaster Planning Damage Assessment Solution Below is an example of the Orion PDA. Inspected columns automatically fill from incident data captured in the Orion system. DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT PRELIMINARY DAMAGE ASSESSMENT SUMMARY Part 1 - Applicant Information County Potential Applicant/Public Entity Name a1 Local Contact Contact Phone # Your County USA Jonesboro Doe 222-333-4444 Jon Population Total Budget Maintenance Budget Insured _ Date 101,336 Needs Mitigation 9/2/2016 Part It - Site Estimate Summary CategQrg Critical Facilities and inspected Projected Total Other Oamages 9 of Sites Cost _ * of Sites Cost $ of Sites Total Cost A Debris 5 $338,000 3 $40,000 6 $378,000 � 6 Prot. Measures 4 $109,500• 1 52,500 5 $112.000 Cat 6 8 Emergency work subtotal: 9 $447,500 4 __ $42,500 13 $490,900 Roadsand Bridge _...._....�._ --- ...........» 3 $1,500 I 3 S1,5p0 C Bridges.......rN. Roadway .N._.._ , _....._.-......... 2 _...._.w...,..__......_._�.�._..._..... $11,250 4 N.N�......_4 $12,000 8 $23,250 -+.N... ». ..� Aggregate surface loss only ,...._.._..�.._ 1 ._. ..._, - 56,000 .. 1 56,000 Cat C Sub -total 6 ;18,754 4 $12,00 18 538,750 Water Control Oam __.... _...__....._.......... 1 _.N.N. �.. ... . 3120,000 1 $124,000 p Facilities Levee �Ch _ 3 ..._� . _ $60,000 _._.1 _. .. _ $15,000 4 $75,040 _ Drainage annel-II • ‘ Y 1.____. SO 1 30 Cat D Sub -total 5 =180,400 1 $15,000, 6 $195,000 E Public Buildings ....__..._.,. N .w.�N..N...�.ww..-.. 5 $96,000 2 $la,aoo 7 $106 , 000 r ..........N. •- .... .++..p.w++w.w.r�...wNwwMw. _.. .r�.N.-_........�. Cat E sub -total 5 =96,000 2 $10,000 v 7 $106,000 _ Mater Treatment 2 $25,000 2 $25,000 ♦..�_..N �•..��..N.r... N. N ♦. .. .. .<4....N._YYI..YM_ I�r...'_.� ' . ., .. .R. N...M .w.MN N.N._ r. F Public Utilities Power Distribution.. power _ 1 540,000 1 S40.000 + ..N-N...�W� .0 N-.. .N.......N. ...Y.N.•.�- '�N ur..N.�--.Ip Sewage Treatment 1 520,000 M' 1�1.H.1.•.w N.w Np.F�. 1 320,000 I, Cat F Sub -total 4 $65,000 0 $0_ 4 $85,000 _ . ..�.. ... _.4.r._•••..._._._.+.... N...Nw.w.N__. N... h.Y.NM.l...4✓ G Other Recreation 3 $3,100 2 $5,000 ' 5 $8100 V Cat G Sub -total 3 $3,100.00 2 $5,000.00 5 $6,100.00 Emergency and Permanent Work Total, 32 $630,350.00 13 $84,500.00[ 45 I $914,850.00 GRA QUO TO TA L I 5914.850.00 Part III - Disaster Impacts (Use separate sheets If necessary) A. General Impact 1. Briefly describe damages which constitute a health and safety hazard to the general public. 2. Population adversely effected directly or indirectly by loss of public facilities or damages. 3. What economic activities are adversely affected by the loss of public facilities or damages? B. Response Canabilrti fuse other side of pace when necessary) 1. Can the Applicant respond and recover from the damages quickly and without degradation of public services? Please explain. l ublilr Services if far Ma Made r 1. Discuss the need, if any to defer permanent repairs and the impact on ongoing services Signature of Inspector 1 Name of Inspector w _ I Agency Phone Number FE Presentdtion too Weld County, CO Page �; Orion" Disaster Planning Rt Damage Assessment Solution Self -Reporter (New Addition) - some screen shots below: The Citizen Self -Reporter enables citizens and businesses to initiate the damage reporting process via a hosted webpage provided as part of the Orion Solution. ip ORION Address ot Affected 13oilclitib 1ddre , I' :tlltlres.1 11704 VE•1&VS Way ON t �•ircd jicftl Matt stiost%0•1 •I /Vex! ip ORION Photo Upload Back IP ORION Damage Assessment (•.x.Imltk dam -site sew . 1 = temeicirel W • 1>rrs>. . • Sac?, • moue •.•••WM•MI *ere "ease •.••••••I •♦•••.•••••1 wmillr.•• 3 4 •I ••• lIMMctair».4 Wok" F AgeAi S 0RION c_toitf1Tinatioit 1.1.•.av n,n 1•tt7t1 iei•rr 11.11%On 1•: r.•t (ITS lI. 1..n ,ittinnlin% *Warn% sit Alft.cted !Watling • I. Nags, 1.,•n,.f. •I l l • r tIL1 . 11 tt milor1 Init) 1\..It Wit. ,. I I..,u . III• + 1 •,.: I:• ,.,.,. R u 1 1. I EMI . 11 .� �:.dh Ia:.,u6 .1 I ••u, •,11 1.1111.11., \tiK•vthll'lll !• , 4•4:•1‘,1 i. I • I,• 410••l.• I.• I...p1 E nsu •n tent. & Wrw! 4 Y'ou rave is• to • to a l ► tapl c/ tta avJr1••aa.on. .•.f.ct go•.ometol•it•., tun Back 11.1••1 Subilt ' A hotlink is provided for your website, by clicking on the link the Self -Report webpage opens up and using a simple 1-2-3 step process citizens fill out and report their damage to start the assessment process. The data is then queued in Orion where Emergency Management officials can review and accept the submission into a current disaster incident. The Self -Reporter empowers citizens to start the damage assessment process and relieves Emergency Management officials of the time consuming steps of collecting information over the phone. This Orion Citizen self reporting widget can be linked to any website the county wants it on...even posted to social media page. Presentation for Weld County, CO Page 9 Orion" Di Disaster Planning and Infrastructure Inventory Capture with Orion: Orion's management capabilities provide a means for community officials (counties and municipalities) to easily use Orion for data collection and infrastructure inventory capture for Disaster Planning. Orion gives administrators the ability to easily set-up their own jurisdictions, Municipalities, and Districts within the system. Then the Orion app can be used by many internal departments (on the county, municipality and department level) to quickly capture information in their own area and directly sync it to the Orion Dashboard. All information captured is geo-coded and time -stamped (including photos) so the system can easily capture the status, condition, and location of all infrastructure facilities. And the audit trail feature (captures who collected the information, what, and when) is built into Orion as well. Examples of the types of infrastructure inventories being captured and built within Orion are: Storm Shelter Registry Roads & Bridges School Districts Infrastructure Abandoned Properties Special Needs Registry Municipality Structures Fire Preplan And more... Physical location and property specifics can be collected and managed through the Orion system. The powerful Orion dashboard then provides community officials the ability to review the information and visualize locations on the Orion mapping interface. In the event of a disaster, the Infrastructure Inventory of facilities within Orion can easily be moved into an incident for complete documentation tracking of before and after the disaster event. ********* "I think that the Emergency Management field needs to have this type of technology that Orion provides because it makes our job so much easier and provides the detailed information that is requested. 1 am very passionate about it because I can see Orion helping any Emergency Manager." - Dale Thompson Oklahoma Emergency Manager of the Year - 2015 ()'''Tf�} on ?e: Iti.11l' \ i, ► JONit THE ORIONTm SERVICE OFFERING We are pleased to present the Orion' Disaster Planning & Damage Assessment Solution. This subscription package entitles your jurisdiction to an independent enterprise license to the cloud - based central dashboard system and the ability to download the Orion" application onto mobile devices from either Apple iTunes store or the Google Play market. The subscription also includes: • The ability to create and grant user control and access to the dashboard per jurisdiction. • Unlimited number of "incidents" created in the dashboard system. • Up to 1000 app users is included (can be used by multiple departments) • Unlimited administrators • Up to four (4) hours of web -based training year 1 and two (2) hours of web -based training each additional renewal period. Additional training is available separately for an additional cost. • All general release enhancements, updates, other improvements during the subscription period. • Priority 24/7 support during periods of EOC activation. • Phone and email support during business hours. • Annual upload of Tax Assessor Data (required .csv format; all other formats subject to $150 per hour for data manipulation). FEES The proposed schedule of fees for the Orion' implementation for Weld County, CO and population of approximately 285,174 people are presented in the table below. This proposal is valid for 60 days from the date provided on the cover page. FIRST YEAR SUBSCRIPTION TO THE COMPLETE ORION SOFTWARE SYSTEM $17,500 = FIRST YEAR ONLY (THIS INCLUDES SET UP, TRAINING, AND UPLOAD OF TAX ASSESSOR INFORMATION) ANNUAL RENEWAL FEE FOR SUBSEQUENT YEAR(S) SUBSCRIPTION TO THE COMPLETE ORION SOFTWARE SYSTEM THIS INCLUDES ON -GOING TRAINING, AND UPDATES OF TAX ASSESSOR INFORMATION $3,500 = ANNUAL FEE OPTIONAL ADDITIONAL SERVICE $2,250 = ONETIME FEE (Custom data export with business rule for changes since last export.) • _ Hello