HomeMy WebLinkAbout20180540.tiffRE: DocuTek Inc. Agreement and SOW
DEPARTMENT: Information Technology
PERSON REQUESTING: Ryan Rose V?"--,
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
DATE:
Brief description of the problem/issue:
The Board approved the award of bid 'B 1800040 Scanning of Historical Documents for the Treasurer' to
DocuTek, Inc. on March 7, 2018, for project 'TR-356 Historical Records Scan', in correlation with the Weld
Imaging Solution. This process will convert scans of historical books, microfilm, and microfiche into PDF
documents, which will then be uploaded to the Weld County website for public viewing. The attached contract
with the statement of work has been reviewed by Frank Haug and is ready for signature.
What options exist for the_Board? (Include consequences, impacts, costs, etc. of options)
Grant authorization for the Chair to sign the contract.
Recommendation:
Weld County IT recommends that the Board grant approval for the Chair to sign the attached contract. This will
allow IT to proceed with back scanning of the Treasulaniorical tax rolls.
Sean P. Conway
Julie Cozad
Mike Freeman
Barbara Kirkmeyer, Pro-Tem
Steve Moreno, Chair
Approve
Schedule
Recommendation , p . Work Session
V
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Other/Comments:
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Droo° 1
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & DOCUTEK
FOR SCANNING OF HISTORICAL DOCUMENTS FOR THE TREASURER
THIS AGREEMENT is made and entered into this
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p day of � 2018, 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 DocuTek, Inc. a corporation, whose address is 5805 West 6th Avenue, Unit 1 B,
Lakewood, CO 80214 hereinafter referred to as "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' as the Statement of Work, of which forms an integral part of this Agreement. Exhibit 'A'
is specifically incorporated herein by this reference. County and Contract Professional acknowledge and
agree that this Agreement, including specifically Exhibit 'A', define the performance obligations of
Contract Professional and Contract Professional's willingness and ability to meet those requirements.
Exhibit 'A' consists of the Contract Professional's statement of work in response to County's
Request for Bid (RFB) as set forth in "Proposal Package No. B 1800040". The bid contains all of the
specific requirements of the County.
2. Service or Work. Contract Professional 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' which is attached hereto and
incorporated herein by reference. Contract Professional shall faithfully perform the work in accordance
with the standards of professional care, skill, training, diligence and judgment provided by highly
competent Contract Professionals performing services of a similar nature to those described in this
Agreement. Contract Professional shall further be responsible for the timely completion, and
acknowledges that a failure to comply with the standards and requirements of Exhibit 'A' 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 execution of this Agreement by
County, and shall continue through and until Contract Professional's completion of the responsibilities
described in Exhibit `A'. 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. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement,
020/1-D5�6
County shall notify Contract Professional if it wishes to renew this Contract.
4. 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. However, nothing herein shall be construed as giving
Contract Professional the right to provide services under this Agreement beyond the time when such
services become unsatisfactory to the County.
If this Agreement is terminated by County, Contract Professional 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 Contract Professional 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, County shall take possession of all materials, equipment, tools and facilities
owned by County which Contract Professional is using, by whatever method it deems expedient; and,
Contract Professional 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 incomplete at the time of termination shall be marked "DRAFT -
INCOMPLETE."
Upon termination of this Agreement by County, Contract Professional 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 Modification. Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by Contract Professional shall be the
basis for additional compensation unless and until Contract Professional 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, Contract Professional'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 Contract Professional for performance, an equitable adjustment in
fees and completion time shall be negotiated between the parties and this Agreement shall be modified
accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment
hereunder must be made in writing prior to performance of any work covered in the anticipated
supplemental Agreement. Any change in work made without such prior supplemental Agreement shall
be deemed covered in the compensation and time provisions of this Agreement
6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the
services, and County's acceptance of the same, County agrees to pay an amount no greater than
$14,797.00, which is the bid set forth in Exhibit 'A'. Contract Professional acknowledges no payment
in excess of that amount will be made by County unless a "change order" authorizing such additional
payment has been specifically approved by the Chief Information Officer for Information Technology,
or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to
the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall
County be liable for payment for services rendered and expenses incurred by Contract Professional under
the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit
'A'. Contactor acknowledges that any work it performs beyond that specifically authorized by County
is performed at Contract Professional's risk and without authorization under this Agreement. County
shall not be liable for the payment of taxes, late charges or penalties of any nature other than the
compensation stated herein.
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 Contract Professional 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, Contract Professional 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 Contract Professional hereunder and
Contract Professional 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.
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 Contract Professional 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 Contract Professional. Contract Professional agrees that it is an independent Contract
Professional and that Contract Professional'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. Contract Professional shall perform its duties hereunder as an independent Contract
Professional. Contract Professional shall be solely responsible for its acts and those of its agents and
employees for all acts performed pursuant to this Agreement. Contract Professional, 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 Contract Professional or any of its
agents or employees. Unemployment insurance benefits will be available to Contract Professional and
its employees and agents only if such coverage is made available by Contract Professional or a third
party. Contract Professional shall pay when due all applicable employment taxes and income taxes and
local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have
authorization, express or implied, to bind County to any agreement, liability or understanding, except as
expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with
regard to workers' compensation and unemployment compensation insurance matters: (a) provide and
keep in force workers' compensation and unemployment compensation insurance in the amounts
required by law (and as set forth in Exhibit 'A' provide proof thereof when requested to do so by County.
8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement
in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional
shall not enter into any subcontractor agreements for the completion of this project
9. Ownership. All work and information obtained by Contract Professional 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 Contract Professional
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. Contract Professional 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 financial information of the Contract Professional should be
transmitted separately from the main bid submittal, clearly denoting in red on the financial information
at the top the word, "CONFIDENTIAL." However, Contract Professional is 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. Contract Professional agrees
to keep confidential all of County's confidential information. Contract Professional 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. Contract Professional 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. Contract Professional warrants that the services performed under this Agreement will
be performed in a manner consistent with the professional standards governing such services and the
provisions of this Agreement. Contract Professional 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. Upon completion of the work, Contract Professional 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 Contract Professional 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 Contract Professional, and
County's action or inaction when any such breach or default shall exist 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
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. insurance and Indemnification. Contract Professional must secure, at or before the time of
execution of any agreement or commencement of any work, the following insurance covering all
operations, goods or services provided pursuant to this request. Contract Professional shall keep the
required Wo&ersCompensationinsurance, as required by state statute, Employer's Liability Insurance
covering all Contract Professional's employees and Commercial General Liability Insurance coverage
in force at all times during the term of the Agreement, or any extension thereof, and during any warranty
period. The insurance coverages specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Contract Professional. The County in no way
warrants that the minimum limits contained herein are sufficient to protect Contract Professional from
liabilities that might arise out of the performance of the work under this contract by Contract
Professional, its agents, representatives, employees, or subcontractors. Contract Professional shall
assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader
coverages. Contract Professional 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. Contract Professional 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. Contract Professional shall provide proof of insurance to Weld County.
Contract Professional stipulates that it has met the insurance requirements identified herein.
Contract Professional 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 Contract Professional shall, without additional compensation, promptly remedy
and correct any errors, omissions, or other deficiencies.
INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful
acts or omissions of Contract Professional, or claims of any type or character arising out of the work
done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contract Professional to
conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional 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, or on account of or in consequence of neglect of the Contract
Professional 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. This paragraph shall survive expiration or termination hereof. It is agreed
that the Contract Professional 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
Contract Professional 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 Contract Professional for the County. A
failure to comply with this provision shall result in County's right to immediately terminate this
Agreement.
Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the
term of any 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 Contract Professional'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 Contract Professional is exempt under Colorado
Workers' Compensation Act., AND when such Contract Professional executes the appropriate
sole proprietor waiver form.
Commercial General Liability Insurance shall include bodily injury, property damage, and
liability assumed under the contract.
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 Personal Advertising injury
14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by Contract
Professional 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 Contract Professional
hereunder. Such consent may be granted or denied at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that any 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. The Contractor agrees to maintain these documents for
three years from the date of the last payment received.
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. 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. The County Representative for
purposes of this Agreement is hereby identified as, Chief Information Officer for Information
Technology, or his designee. All notices or other communications (including annual maintenance 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 by the sending party; or
(d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment
is required by the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
DocuTek Inc.
Kenneth M. Voiles
750 West Hampden Ave, L-150
Englewood, CO 80110
kenvoiles@edocutek.com
303-722-5200 or 800-216-7807
Fax: 303-722-8567
With copy to:
Jay Hoagland
750 West Hampden Ave, L-150
Englewood, CO 80110
jayhoagland@edocutek.com
303-722-5200 or 800-216-7807
Fax: 303-722-8567
County:
Nancy Wonder
Project Manager\Business Process Analyst
Department of Information Technology
1401 North 17th Avenue
Greeley, CO 80631
nwonder@weldgov.com
970-400-2562
Fax: 970-304-6572
18. Compliance with Law. Contract Professional 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.
19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contract Professionals or persons to perform services of the same or similar nature.
20. Entire Agreement/Modifications. This Agreement including the Exhibit 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.
21. 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.
22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement aver 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. County has no interest and shall not acquire any interest direct or indirect, that would in
any manner or degree interfere with the performance of Contract Professional's services and Contract
Professional shall not employ any person having such known interests. During the term of this
Agreement, Contract Professional shall not engage in any in any business or personal activities or
practices or maintain any relationships which actually conflicts with or in any way appear to conflict
with the full performance of its obligations under this Agreement. Failure by Contract Professional to
ensure compliance with this provision may result, in County's sole discretion, in immediate termination
of this Agreement. No employee of Contract Professional nor any member of Contract Professional's
family shall serve on a County Board, committee or hold any such position which either by rule, practice
or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding
to Contract Professional.
23. 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.
24. 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 §§24-10-101 et seq., as applicable now or hereafter
amended.
25. 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.
26. 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.
27. 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, Contract Professional agrees
that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work under
this contract. Contract Professional 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). Contract Professional 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. Contract Professional 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 Contract Professional participates in the State of Colorado program, Contract
Professional shall, within twenty days after hiring a new employee to perform work under the contract,
affirm that Contract Professional 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. Contract Professional 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 Contract Professional 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, Contract Professional 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 Contract
Professional receives federal or state funds under the contract, Contract Professional 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 Contract Professional 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.
29. Attorney Fees/Legal Costs. In the event of a dispute between County and Contract Professional,
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.
30. 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 Contract Professional 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.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 27th day of
March, 2018.
CONTRACT PROFESSIONAL:
DocuTek, Inc
By: _
Name: Kenneth M_ }V0
Title: Principal
Date March 27, 2018
WELD COUNTY:
ATTEST:
erk t
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
BY:
Deputy Cl
eve Moreno, Chair
16 2018
5
Exhibit A: Statement of Work
Date March 23, 2018
Client Weld County Department of Information Technology
Job Name B 1800040 - Scanning of Historical Documents for the Weld County Treasurer
Customer Contact Nancy Wonder
DocuTek Contact Ken Voiles
Summary
Offsite scanning of historical books, microfilm and microfiche to be uploaded to the County website
for public viewing. Output of data will be in PDF format and enlarged to a degree that the image is
viewable without extensive zooming or manipulation.
Pickup of media is required by a carrier from the Vendor and will be done in two stages. Half of the
materials will be released on the first trip, and the other half when the first group is returned.
A sample of the output will be required at the beginning of the scanning process to allow Weld County
an opportunity to verify and approve output from each media type. Sample output will be delivered
through a Weld County Sharefile account.
Project Scope
DocuTek Responsibilities
1. All media will be transported door to door to the document conversion center in Englewood in a
DocuTek company vehicle by authorized personnel. To ensure proper chain of custody, NO
third -party couriers will be utilized for this project.
2. Upon arrival to DocuTeck, the boxes will be barcode labeled and logged into project tracking
software. Boxes will then be staged for document preparation in a secured location and
accessible only to authorized personnel.
3. All items will be scanned at 300 dots per inch (dpi) in a grayscale format to ensure the highest
image quality and legibility.
4. Because of the fragile state of the books, they will be left bound and scanned on a Context
flatbed scanner. Each 23"x18" page will be scanned and saved into one PDF file so it contains
both pages displayed. Samples will be provided to Weld County to confirm image quality.
5. The 35mm microfilm rolls and microfiche will be scanned on a film scanner to ensure that every
frame on every roll/fiche is captured.
6. Each document type will be indexed/named according to the specifications outlined in the RFP
document.
a. Books — each book will become a multipage PDF file indexed by the book name (e.g.,
1924 TaxRoll A-B.pdf)
b. 35mm Microfilm Rolls — each microfilm roll will become a multipage PDF file indexed by
the roll description (e.g., 1966 TaxRoll Vol 1 SD6 Sch 1 (A) - Vol 2 SD6 Sch 104 (O).pdf)
c. Microfiche — each individual microfiche card will become a multipage PDF file indexed
by the information in the fiche header (e.g., 1990 TaxRoll "MicroFiche Slide Header".pdf)
7. All scanned images will be Quality Control reviewed using a three -stage method.
a. Step One — Scanning Technician: Each page/frame will be viewed on large monitors to
insure clarity and image legibility and 100% of the images are quality control reviewed.
b. Step Two - Data Entry/QC Specialist: During the process of file naming/indexing images
are opened and reviewed to insure consistent image quality. In this step, 50% of the images
are quality control reviewed.
c. Step Three — Project Supervisor: A third and final review of image quality and legibility is
done by a Project Supervisor. File naming is also reviewed for accuracy. In this step, 25%
of the images are quality control reviewed.
8. PDF files will be delivered through weekly uploads to Weld County Sharefile to allow ongoing
QA.
9. Upon completion of the project, all remaining media will be returned to Weld County.
County Responsibilities
1. Inventory of books, microfilm and microfiche to be included in this project.
2. Setup Sharefile access for upload of files from DocuTek.
3. Quality assurance by Treasurer's office once PDFs are returned.
4. Web team will upload PDFs to County website.
Schedule
Scanning of data is scheduled to be completed in 3-4 weeks and will consist of three trips. DocuTek
will schedule the first pickup date and time with the Treasurer's office. At that time, 50% of the media
will be obtained and sample scans of each media type will be provided by DocuTek through Sharefile
to verify formatting before moving forward. When the first group of media is complete, DocuTek will
upload PDF documents to Sharefile, schedule the next drop-off and pickup of the remaining media,
and Weld County will validate data. At the end of the project, DocuTek will return all media and PDF
documents to Weld County and Weld County will confirm documentation.
Pricing
Total cost of services as described above will be $14,797.00.
Media
Count
Cost
Total
Books
5,212 pages
$0.25/page
$ 1,303.00
Micro -Film
30,000 frames
$0.05/frame
$ 1,500.00
Micro -Fiche
2,423 fiche
$4.95/fiche
$11,994.00
Payment terms:
A purchase order will be issued with DocuTek upon final signatures on the contract.
DocuTek will invoice Weld County for half of the total ($7,398.50) after scanning is complete and the
remaining ($7,398.50) within 30 days after all media and files are returned. Payment is Net 30.
Overall billing for Net 30, will not exceed the fixed price of $14,797.00.
All invoices must be electronically submitted to bilIing.it@weldgov.com, with a copy to Nancy
Wonder at nwonder@weldgov.com.
MEMORANDUM
TO: Esther Gesick, Clerk to the Board February 22, 2018
FROM: Ryan Rose, Chief Information Officer
SUBJECT: B1800040
Scanning of Historical Documents for the Weld County Treasurer
BOCC Approval Date: March 7, 2018
Bids were received and opened on January 19, 2018 for B1800040 Scanning of Historical Documents
for the Weld County Treasurer (TR-356). Four (4) bids were received ranging from $14,797.00 to
$214,005.20. Attached is the bid tabulation for your information.
The Information Technology and Treasurer's staff reviewed all bid responses. DocuTek out of
Lakewood, CO proposed the lowest cost solution of $14,797.00 and meets the requirements
documented in the bid process.
With the above information, I recommend the Board award the B1800040 Scanning of Historical
Documents for the Weld County Treasurer to DocuTek for a total amount of $14,797.00.
DATE OF BID:
REQUEST FOR:
DEPARTMENT:
BID NO:
PROJECT NAME:
PRESENT DATE:
APPROVAL DATE:
WELD COUNTY Dept. of Information Technology
1401 North 17th Avenue, Greeley CO 80631
E-mail: ssadusky(a�weldgov.com
Phone: (970) 400-2533
Fax: (970) 304-6572
January 19, 2018
Scanning of Historical Documents for Weld County Treasurer
INFORMATION TECHNOLOGY / TREASURE'S OFFICE
#B1800040
TR-356 Historic Records Scan Project
February 21, 2018
March 7, 2018
Two scenarios were proposed for scanning documents from historical books, micro -film and micro -fiche for the
Treasurer's Office project "TR-356 Historic Records Scan":
1. Offsite Scanning - Local pickup requiring a carrier from the vendor to travel to the Treasurer's office. No third
party, i.e... FedEx, UPS, companies are allowed for any part of the transportation.
2. Onsite Scanning — All scanning to be done on site at a designated location on the Weld County campus, M -F
8am-5pm to avoid transport of the historical media to other location.
1. Offsite Scanning
Vendor Name
Delivery Estimate
Total Bid Amount
Address
DocuTek, Inc
5805 West 6th Avenue, Unit 1-B
Lakewood, CO 80214
3 — 4 weeks
$14,797.00
RMMI Digital Document Solutions
9164 Marshall Place
Westminster, CO 80031
16 weeks
$19,522.93
Edge Digital Group
1700 N. Moore Street, Suite 1810
Arlington, VA 22209
6 weeks
$27,554.39
2. Onsite Scanning
Vendor Name
Delivery Estimate
Total Bid Amount
Address
Aptara, Inc
3110 Fairview Park Drive, Suite 900
Falls Church, VA 22042
32 — 40 weeks
$214,005.20
disqualified due to costs over
approved budget
2018-0540
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