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Home My WebLink About20171646.tiffRESOLUTION RE: APPROVE AGREEMENT FOR SERVICES FOR MOTOR VEHICLE SELF-SERVICE KIOSKS AND AUTHORIZE CHAIR TO SIGN - INTELLECTUAL TECHNOLOGY, INC. 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 Services for Motor Vehicle Self -Service Kiosks between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Clerk and Recorder's Office, and Intellectual Technology, Inc., commencing upon full execution of signatures, and ending May 31, 2020, 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 Services for Motor Vehicle Self -Service Kiosks between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Clerk and Recorder's Office, and Intellectual Technology, Inc., 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 May, A.D., 2017. BOARD OF COUNTY COMMISSIONERS ATTEST: dittiev Weld County Clerk to the Board BY -O eiZi2-t CU • uty Clerk to the Boar APP R ED AS ounty Attorney Date of signature: Co I l 31 WELD COJ,INTY, COLORADO Julie Cozad, Chair Steve Moreno, Pro -Tern / 1 7 Sean P. Conway C--------)_, Freeman rbara Kirkmeyer Cc t Ca -CB (2:3, cR CCK/ RS) Cot 90O7 2017-1646 CR0029 AGREEMENT FOR SERVICES Project Number or Name: RFP-16-53 THIS AGREEMENT FOR SERVICES (this "Agreement") is entered into as of the 7314 day of 2017 by and between the Board CountyComCounty, State (here na a referred to as the "County") and Intellectualof Technology, Inc.missioners (hereinafterofthe referred to asofWeldthe "Contractorof").Colorado WHEREAS, the County desires to engage the Contractor to provide, and the Contractor desires to provide to the County, the services described in Exhibit A. NOW, THEREFORE, the parties mutually agree as follows: 1. Scope of Services. The Contractor agrees to perform the services described in Section 1 of Exhibit A, which document is attached hereto and incorporated herein in its entirety. All services provided by Contractor under this Agreement shall be referred to herein as the "Services". 2. Time of Performance. The Services of the Contractor are to commence and be completed (or end) by the dates set forth in Section 2 of Exhibit A, unless this Agreement is sooner terminated pursuant to paragraph 4.A. below. All time limits are of the essence in this Agreement. 3. Fees. The Contractor will be compensated for Services rendered in accordance with Section 3 of Exhibit A. The Contractor is responsible for paying all applicable income, Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act, or other taxes owed on compensation paid under this Agreement. The Contractor shall submit requests for payment in a form acceptable to the County and in conformance with the County's policies. 4. General Terms and Conditions. A. Termination of Agreement. The County or the Contractor shall have the right to terminate this Agreement, with or without cause, by giving written notice to the other party of such termination and specifying the effective date thereof, which notice shall be given at least the number of days set forth in Section 4 of Exhibit A prior to the effective date of such termination. In such event, all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this Agreement shall become the property of the County. Unless expressly stated otherwise in the notice, Contractor shall provide no further Services in connection with this Agreement after receipt of a notice of termination, and the Contractor shall proceed to cancel all existing orders and contracts that are chargeable to the County under this Agreement. The Contractor shall be entitled to receive compensation in accordance with this Agreement for any satisfactory Services completed pursuant to the terms of this Agreement prior to the date of receipt of the notice of termination, or such other stop -work date as may be specified in the notice. Notwithstanding the above, the Contractor shall not be relieved of liability to the County for damages sustained by virtue of any breach of this Agreement by the Contractor. B. Changes. The County or Contractor may, from time to time, request changes in the scope of the Services or the compensation of the Contractor. Such changes that are mutually agreed upon between the County and Contractor shall be in writing, and upon execution shall become part of this Agreement. To be effective, all changes must be signed by the Contractor and by the Board of County Commissioners, or by a person authorized by resolution to sign on behalf of the Board. C. Assignability or Subcontracting. Any assignment or transfer of this Agreement is prohibited, unless written consent is obtained from the County. D. Audit. The County and any of its duly authorized representatives shall have reasonable access to any books, documents, papers and records of the Contractor which are pertinent to the Contractor's performance under this Agreement for the purpose of making an audit, examination, or excerpts. The Contractor shall provide any documentation necessary to prepare all reporting required of or by the County, and shall keep all books, documents, papers and records which are pertinent to the Contractor's performance for a minimum period of three years, or such longer time as may be set forth in any Special Conditions or addendums to this Agreement. 2017-1646 1 8179759.4/46987-00001 E. Equal Employment Opportunity. While performing this Agreement, the Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry. F. Ownership of Documents. All drawings, specifications, guidelines and other documents received by the Contractor from the County in connection with this Agreement shall be the property of the County. G. Intellectual Property Rights. Except as expressly provided herein, nothing in this Agreement will be construed as to transfer any right, title, or interest in the intellectual property of one party to any other party. Any intellectual property created in the performance of this Agreement solely by the personnel of one party shall be or remain the sole and exclusive property of that party, regardless of whether it is completed or reduced to practice thereafter. All modifications, enhancements, alterations or derivative works thereof shall remain the sole property of the party who was the original author. H. Governing Law/Forum/Interpretation. This Agreement has been executed by the parties hereto on the day and year first above written and shall be governed by the laws of the State of Colorado. Venue for any civil action relating to this Agreement shall be in Weld County. Both parties agree that the rule that ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this Agreement and any exhibit or attachment, the language of this Agreement shall govern. L Compliance with Laws/Licenses and Permits. The Contractor shall comply with all applicable federal, state and local laws, ordinances, regulations, and resolutions. The Contractor shall be responsible for obtaining all licenses and permits necessary to perform the scope of Services, at the Contractor's expense, unless specifically stated otherwise in this Agreement. J. No Waiver of Rights. The County's approval or acceptance of, or payment for, Services shall not be construed to operate as a waiver of any rights or benefits to be provided under this Agreement. No covenant or term of this Agreement shall be deemed to be waived by the County except in writing signed by the Board of County Commissioners or person authorized to sign by resolution of the Board, and any waiver of a right shall not be construed to be a waiver of any other right or to be a continuing waiver, unless specifically so stated. K. Non -appropriation. Pursuant to C.R.S. § 29-1-110, as amended, the financial obligations of the County as set forth herein after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise available. This Agreement is automatically terminated on January 1st of the first fiscal year for which funds are not appropriated. The County shall give the Contractor written notice of such non -appropriation. L. Conflict of Interest/Ethics. The Contractor shall refrain from providing Services to other persons, firms or entities that would create a conflict of interest for Contractor with regard to providing Services pursuant to this Agreement. The Contractor shall not offer or provide anything of benefit to any County official or employee that would place the official or employee in a position of violating the public trust in violation of Colorado Constitution Article XXIX, C.R.S. § 24-18-109, as amended, or the County's Ethical Principles and Guidelines. M. Remedies. In addition to any other remedies provided for in this Agreement, and without limiting its remedies available at law, the County may exercise the following remedial actions if the Contractor substantially fails to perform the Service under this Agreement. Substantial failure to perform the Services hereunder shall mean substantially and materially insufficient, incorrect or improper performance of the Services identified in Exhibit A by the Contractor. These remedial actions are as follows: (1) Suspend Contractor's performance pending necessary corrective action as specified by the County without the Contractor's entitlement to an increase in price/cost or a time extension; and/or (2) Withhold payment to the Contractor until the necessary Services or corrections in performance are satisfactorily completed; and/or A-2 8179759.4/46987-00001 (3) Deny payment for those Services which have not been satisfactorily performed, or which, due to circumstances caused by the Contractor, cannot be performed, or if performed would be of no value to the County. The foregoing remedial actions are cumulative and the County, it its sole discretion, may exercise any or all of them individually or simultaneously. The County shall provide written notice to Contractor of its exercise of any of the foregoing remedial actions. N. Force Majeure. Neither the Contractor nor the County shall be liable for any delay in, or failure of performance of, any covenant or promise contained in this Agreement, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to extent that, such delay or failure is caused by "force majeure." As used in this Agreement, "force majeure" means acts of God, acts of the public enemy, unusually severe weather, fires, floods, epidemics, quarantines, strikes, labor disputes and freight embargoes, to the extent such events were not the result of, or were not aggravated by, the acts or omissions of the non -performing or delayed party. G. Third -Party Beneficiaries. It is expressly understood and agreed that the enforcement of this Agreement and all rights of action relating thereto shall be strictly reserved to the County and the named Contractor. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other third person. P. Survival of Terms and Conditions. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of the Agreement that anticipate continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply. Q. Illegal Aliens. As required by C.R.S. § 8-17.5-102, the Contractor certifies and agrees as follows: (1) The Contractor shall not knowingly employ or contract with an illegal alien (a non -legal resident of the United States) to perform work under this Agreement. (2) The Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. (3) The Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in either the employment verification ("e -verify") program administered by the United States Department of Homeland Security and the Social Security Administration, or the employment verification program operated by the Colorado Department of Labor and Employment ("Department"). (4) The Contractor shall not use the e -verify or Department programs to undertake pre -employment screening of job applicants while this Agreement is being performed. (5) If the Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, then the Contractor shall: (a) notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if within three days of receiving the notice the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the subcontract if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (6) The Contractor shall comply with any reasonable request by the Department made in the course of an investigation that the Department is undertaking pursuant to the authority established by C.R.S. § 8-17.5-101(5). (7) If the Contractor violates any of the provisions of this section 4.Q. the County may immediately terminate this Agreement effective upon the receipt by Contractor of written notice of termination from the County, and the Contractor shall be liable for actual and consequential damages to the County. (8) Compliance with this subsection Q is not required if the Contractor is a governmental entity. A-3 8179759.4/46987-00001 R. Abilities. Oualifications, Experience, and Best Efforts. Notwithstanding anything to the contrary contained in this Agreement, the County and Contractor agree and acknowledge that the County enters into this Agreement relying on the special and unique abilities of Contractor to perform the Services and accomplish the tasks described. Contractor accepts the relationship of trust and confidence established between Contractor and the County by this Agreement. Contractor covenants with the County to use its best efforts. Contractor shall further the interests of the County according to the County's requirements and procedures, and according to the highest standards and quality prevailing among those who perform work of a similar nature. S. Accuracy of Work. The Contractor represents, covenants and agrees that its work performed hereunder, including but not limited to the Services identified in Exhibit A, will be accurate and free from any material errors. 5. Insurance. In part to assure the County that the Contractor is always capable of fulfilling the specified indemnification obligations, the Contractor must purchase and maintain insurance of the kind and in the minimum amounts specified below, unless indicated otherwise in Section 7 of Exhibit A. A. The Contractor agrees to procure and maintain, at its own expense, for all Services covered by this Agreement, the following policies of insurance: (1) Workers' Compensation Insurance: The Contractor will maintain workers' compensation insurance covering the contractor for the performance of all Services under this Agreement in accordance with applicable state laws, and employer's liability insurance. Coverage shall include a waiver of subrogation in favor of Weld County Minimum Limits: • Workers' Compensation— statutory limits • Employer's Liability: • $1,000,000 bodily injury for each accident • $1,000,000 each employee for disease ▪ $1,000,000 disease aggregate The requirements of this provision shall apply to the Contractor and to all subcontractors. (2) Commercial General Liability: The Contractor will maintain commercial general liability insurance covering all operations by or on behalf of the Contractor on an occurrence basis against claims for bodily injury, property damage (including loss of use) and personal injury. Such insurance will have these minimum limits and coverages: Minimum Limits: • $1,000,000 each occurrence • $2,000,000 general aggregate with dedicated limits per project site • $2,000,000 products and completed operations aggregate Coverages: • Products and completed operations coverage maintained for at least 2 years after completion of the project for construction contractors • Contractual Liability • Independent Contractors Defense in addition to the limits of liability Severability of Interests Provision • Additional Insured Endorsement issued to Weld County, Colorado its officers, its agents, and its employees acting in the scope of their employment A-4 8179759.4/46987-00001 The requirements of this provision shall apply to the Contractor and to all subcontractors. (3) Automobile Liability: The Contractor will maintain business auto liability coverage covering liability arising out of any auto (including owned, hired and non -owned autos) used in connection Minimum Limits: Minimum Limit: • $1,000,000 Combined Single Limit Each Accident Coverages: • MCS 90 for vehicles carrying hazardous materials • Additional Insured Endorsement issued to Weld County, Colorado its officers, its agents, and its employees acting in the scope of their employment The requirements of this provision shall apply to the Contractor and to all subcontractors. (4) If indicated in Section 5 of Exhibit A, Errors and Omissions or Professional Liability Insurance with a minimum coverage amount as specified in Section 5 of Exhibit A, and for two years beyond the completion of all Services under this Agreement. (5) If indicated in Section 5 of Exhibit A, Cyber Liability Insurance with a minimum coverage amount as specified in Section 5 of Exhibit A. B. The above -mentioned coverages shall be procured and maintained with insurers with an A- or better rating, as determined by Best's Key Rating Guide. All coverages shall be continuously maintained during the term of this Agreement or as noted above to cover all liability, claims, demands, and other obligations assumed by the Contractor. C. Additional Insured status required above shall be primary and non-contributory with any insurance or self-insurance carried by the County. The Contractor shall be solely responsible for any deductible losses under any policy required above. D. The policies shall provide that the County will receive notice no less than 30 days prior to cancellation, termination or non -renewal of the policies. E. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Agreement by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations or types. F. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions and minimum limits shall constitute a material breach of contract upon which the County may immediately terminate this Agreement. G. The County reserves the right to request and receive a certified copy of any insurance policy and any applicable endorsement thereto. 6. Insurance Certificates. A. The Contractor shall, prior to commencing Services, deliver to the County Certificates of Insurance as evidence that policies providing any and all required coverages and limits are in full force and effect. B. These certificates will serve as an indication to the County that the Contractor has acquired all necessary insurance; however, the County may require that certified copies of the insurance policies be submitted and may withhold payment for Services until the applicable insurance policies are received and found to be in accordance with the Agreement. A-5 8179759.4/46987-00001 C. Insurance limits must be indicated on each Certificate of Insurance. Each Certificate of Insurance shall be reviewed and approved by the County prior to commencement of Services under the Agreement. The certificates shall identify this Agreement and shall state the project number where applicable. 7. Indemnification. A. Contractor's Indemnification Obligations. The Contractor shall indemnify and hold harmless the County and its elected and appointed officials, officers, employees, and agents from and against any and all losses, damages, liabilities, claims, suits, actions, or awards, including costs, expenses and attorney's fees, incurred or occasioned as a result of the acts or omissions of the Contractor, or its principals, employees, agents, or subcontractors arising out of or in any way connected with the performance of Services under this Agreement; provided, however, that under no circumstances shall Contractor's total liability under this Agreement exceed the aggregate amount of all transaction fees paid to Contractor under this Agreement in accordance with Section 3 hereof. The Contractor's obligation to indemnify pursuant to this paragraph, and to provide any extended insurance coverage where applicable, shall survive the completion of the Services, and shall survive the termination of this Agreement. B. County's Indemnification Obligations. To the extent permitted by Colorado law, the County shall indemnify and hold harmless the Contractor and its officers, employees, and agents from and against any and all losses, damages, liabilities, claims, suits, actions, or awards, including costs, expenses and attorney's fees, incurred or occasioned as a result of the acts or omissions of the County, or its elected and appointed officials, officers, employees, and agents arising out of or in any way connected with the performance of Services under this Agreement; provided, however, that under no circumstances shall County's total liability under this Agreement exceed the aggregate amount of all transaction fees paid to Contractor under this Agreement in accordance with Section 3 hereof. The County's obligation to indemnify pursuant to this paragraph shall survive the completion of the Services, and shall survive the termination of this Agreement. 8. Independent Contractor. The Contractor is an independent contractor. AN INDEPENDENT CONTRACTOR IS NOT ENTITLED TO WORKER'S COMPENSATION BENEFITS AND IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED PURSUANT TO THE CONTRACT RELATIONSHIP. Notwithstanding any provision appearing in this Agreement, all personnel assigned by the Contractor to perform work under the terms of this Agreement shall be and remain at all times employees of the Contractor or employees of their respective employers for all purposes. 9. Notices. Notices to be provided under this Agreement shall be given in writing and either delivered by hand or deposited in the United States mail with sufficient postage to the addresses set forth in Section 6 of Exhibit A. 10. Extent of Agreement. This Agreement represents the entire and integrated agreement between the County and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this must be in writing and be signed by both the County and the Contractor. If any portion of this Agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this Agreement shall be of full force and effect. [Signature Page Follows] (SA Form, 4/15/16) A-6 8179759.4/46987-00001 IN WITNESS, WHEREOF, each of the parties hereto have caused this Agreement to be executed as of the date first set forth above. Signed this 2 day of , 26/7 State of County of Subscribed and sworn to before me thi day of by Sohn LQ\ar� Lua 02o Notary Public SEAL serifeo ado;ok ATTEST: Clerk to the Board CONTRACTOR :/IntNlectual Technology, Inc By: Title: (signa, (printed name) (A/ni jne"'S a 4pea3e ClAhforflic4 jDrot WELD COUNTY ag Chair, Board of County C ' sioners (Or representative authori -: by resolution) Julie A. Cozad, Chair MAY 3 1 2017 8179759.4/46987-00001 A40/7--i6tz6, AGREEMENT FOR SERVICES - INTELLECTUAL TECHNOLOGY, INC. ATTESTS dant.%) w J'ti Weld mount Clerk to the 17oard BY: Deputy Ca r t• the Bo APPROVED AS. TO FUNDING: Controller APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLRADO �1GLA ie A. Cozad, Chair MAY 312017 APPROVED AS TO SUBSTANCE: Elected OfficDepat Head poi 7- /‘.d/ CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE §8202 6G See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signa - • Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cal' r ' \e T Subscribed an sworn to (or affirmed) before me County of �/ v on this ( `/ day of �l�l,� 20 I9' by Date Mont Year (1) Jahn UJt\1U IVONNE MARTINEZ Notary Public - California San Diego County Commission # 2150645 ; My Comm. Expires Apr 26, 2020 Seal Place Notary Seal Above LOU) (and (2) / ), (s) of Signer(s) proved to me on the basis to be the person(s) OPTIONAL Though this section is optional, completing this information can det-r alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D cument Title or Type of Document: \Leg Document Date: Number of Pages: Signs) Other Than Named Above: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 EXHIBIT A to Agreement between the County and Intellectual Technology, Inc. Project Number or Name: RFP-16-53. 1. Scope of Services. The Contractor hereby agrees to and accepts responsibility to perform the following services: To develop, install, operate, and maintain a network of motor vehicle self-service kiosks for the County in compliance with the terms of this Agreement and RFP 16-53. The Contractor will provide a complete turnkey kiosk solution to the County which will comply with all design, development, integration, deployment, installation, and maintenance of all components and special conditions outlined below. The County's ultimate goal is to offer an alternative service delivery option to customers for motor vehicle renewals so as to reduce the amount of over the counter renewals and decrease customer wait times. It is the parties' intent that the use of the kiosks will eventually be expanded to include additional transaction capabilities and enhancements. The Contractor's RFP submittal and answers to the clarification questions are hereby incorporated by reference. In the event of any conflicts between this Agreement and any attached solicitation documents, this Agreement shall control. The parties are entering into this Agreement in order to participate in the kiosk pilot program authorized by Colorado Senate Bill 16-138. The pilot program encompasses the 16 counties identified in RFP 16-53 and the intent is for the Contractor to deploy as many kiosks as determined based on each county's model and goals to county motor vehicle offices, as well as other areas, including centers of business, large retail centers, and rural communities. The Contractor agrees to extend this Agreement, including the pricing, terms and conditions, to any Colorado political subdivision. Each governmental unit which avails itself of this Agreement will establish its own contract, place its own orders, issues its own purchase orders, be invoiced there from and make its own payments and issue its own exemption certifications. The County agrees to allow Contractor to implement best practices for marketing kiosks to ensure program awareness and faster customer adaptation. The County agrees to promote market kiosk services on their web site, place visible signs in offices, redirect customers from the counter to the kiosks when possible, and consider implementing best marketing practices provided by Contractor. 2. Time of Performance. The services of the Contractor shall commence (choose one): ® As of the date of this Agreement. ❑ As specified in a Notice to Proceed to be provided by the County. ❑ As of the following date: The services of the Contractor shall be completed, or shall end, by 3 years from date of commencement. 3. Compensation. The pilot project is customer funded through a $3.00 per transaction fee per each printed vehicle registration renewal to be charged to customers of the motor vehicle self-service kiosks. A transaction is defined as issuance of a vehicle registration certificate and decal(s) for one vehicle. The County reserves the right to request that Contractor add other transaction capabilities and enhancements in the future on terms reasonably satisfactory to both parties. In addition to such compensation, if any transaction processed by a motor vehicle self-service kiosk is subsequently reversed or adjusted by Contractor after receipt of an executed credit refund authorization form from the County due to no fault of Contractor or Contractor's payment processing vendor Lexis Nexis (each, a "No Fault Refund Transaction"), then within 30 days of the County's receipt of Contractor's monthly invoice, the County shall pay Contractor the following fees for each such No Fault Refund Transaction: (1) $3.00 per printed vehicle registration renewal, plus (2) either a fee equal to 2.15% of the aggregate vehicle registration renewal transaction amount for each credit card charge or a $0.50 fee for each check processed, as applicable; provided, however that the aggregate amount of fees payable to Contractor for such No Fault Refund Transactions shall not exceed $750 during any calendar month. Notwithstanding the foregoing and Section N.6 of Exhibit A entitled "Performance Level", if during a calendar month the aggregate amount of fees related to No Fault Refund Transactions exceeds $750, and the Contractor is required to pay fees to its payment processing vendor(s) for processing such No Fault Refund Transactions, and the fees to be paid by A -I 8179759.4/46987-00001 the Contractor to its payment processing vendor(s) for such No Fault Refund Transactions amounts to $500 or more during the calendar month, then the Contractor will have the option to take down each motor vehicle self- service kiosk until such time as the source of such No Fault Refund Transactions is resolved by the County. 4. Notices of Termination. Notices of termination shall be given at least thirty (30) days before the effective date of termination. 5. Professional Liability Insurance. Errors and Omissions or Professional Liability/Cyber Insurance is required Z (check box only if it is required). The required minimum amount of coverage is $5,000,000 (indicate amount only if it is required). 6. Addresses for Notices. The addresses for Notices are as follows: To the County: Weld County Clerk and Recorder 1402 N 1T" Ave PO Box 459 Greeley, CO 80631 Attention: Motor Vehicle Bookkeeping To the Contractor: Intellectual Technology, Inc. 1901 Camino Vida Roble, Suite 204 Carlsbad, CA 92008 Attention: John Low, Chief Financial Officer 7. Special Conditions. O No special conditions ® Special Conditions are as follows: A. DEPLOYMENT SCHEDULE 1. The County may install units based on contract commencement date and kiosk model availability. 2. After deployment of the first kiosk unit for the County, additional kiosk units may be ordered and installed; provided, however, that if after 90 days of installation the additional kiosk unit transaction volume is less than 1,000 transactions per month per kiosk unit, then the Contractor has the right to remove the unit upon 30 days' notice. B. TECHNICAL REQUIREMENTS 1. The Contractor will make available the following three types of kiosks for installation: a. Big Kahuna model — Processes cash, credit card, and check transactions. Has ability to produce up to two different expiration year decals. b. Surfboard model — Processes credit card and check transactions (no cash). Produces only one expiration year decal. A-2 8179759.4/46987-00001 c. Hokku model — Processes cash, credit card, and check transactions. Has ability to produce up to four different expiration year decals. This model can also perform facial recognition and document scanning. 2. All kiosks will be in full compliance with the OIT (Colorado Governor's Office of Information Technology) Technology Standards — Kiosk Equipment (Appendix A). 3. The kiosk solution includes all hardware and software required to provide unattended processing of transaction and payment services. 4. All daily operations of the self-service kiosk will be the responsibility of the Contractor, including, but not limited to, maintaining an interface between the kiosks and existing Colorado Motor Vehicle applications which allow County residents to renew and print registration documents, allowing for the kiosks to accept multiple forms of payment (cash, check, and credit card), and providing maintenance for the kiosks, including all hardware and software. 5. The Contractor shall be responsible to ensure all necessary integration of the kiosk application with the State of Colorado motor vehicle application and Colorado Interactive for credit card services. 6. The kiosks will interact with the State of Colorado motor vehicle application/file. 7. The Contractor shall ensure the kiosks are programmed to electronically notify the Contractor's technical support any time there is an equipment malfunction, interface disruption, or maintenance issue. Contractor shall provide all support services, repairs and maintenance to all equipment, including the cleaning of the screens, shelves, fascia, etc. 8. Contractor will have limited access to the building after normal business hours. The access procedure for entering the building after hours will be provided to the Contractor. 9. Contractor must provide Crime Insurance to cover Contractor's employees entering the building after normal business hours. The minimum amount of coverage must be $25,000. 10. Contractor shall provide and install kiosks at designated and select partnership locations. The kiosks will use the County's intemet connection for connectivity. Each kiosk has a Cisco ASA firewall which will ensure that no network traffic is allowed to/from the kiosks other than the traffic to/from the Contractor data center IP addresses. All other traffic will be disallowed by the kiosk firewall and will be dropped. The kiosk does not store any customer data locally, and all data transmission occurs through a secure VPN tunnel between the kiosk firewall and the Contractor data center. If the secure VPN tunnel is not established no data will be transmitted. The County is responsible for all costs associated with obtaining and maintaining data and power lines. The partnership location kiosks may accept or dispense cash, if agreed by the County and the Contractor. 11. The Contractor shall provide all electrical equipment to operate on kiosks to be approved for electrical safety by Underwriter's Laboratory or equivalently listed, and be certified by a Nationally Recognized Testing Laboratory to be compliant with FCC regulations. 12. All kiosks must be compliant with the Americans with Disability Act (ADA) standards for accessible design 2010 requirements and allow the customer to process their transaction without assistance. The placement of the kiosks at all locations must be ADA compliant and allow for required clearance and accessibility. 13. The Contractor shall ensure that the system architecture is scalable and designed to easily and inexpensively accommodate changes (future transactions/products/upgrades/features) resulting from County and State of Colorado business rules, workflows, legislation, and new motor vehicle system implementation, at no additional costs to the County. 14. Escrow — A third party shall possess the source code, graphics, resources, tools used, design specifications, etc. for the development of the kiosk application in an escrow account, to be used by the County in the event Contractor is unable to meet the contract requirements. C. HARDWARE REQUIREMENTS 1. The Contractor shall provide a kiosk designed to be of a stand-alone style for inside locations. A-3 8179759.4/46987-00001 2. The Contractor shall provide kiosks that are self-contained and fully integrated units with housing that is secure and reinforced to deter tampering. The Contractor shall provide kiosks that do not have items that can be easily grasped or crevices that are subject to dropped or spilled material that will render the kiosk inoperative. 3. The Contractor shall ensure that the kiosks are modular and capable of expansion. 4. The Contractor shall provide a signage area on the front of the machine to display appropriate County related information and graphics. The County must approve all artwork and proposed signage and housing prior to implementation. All signage for the kiosks must be in both English & Spanish, based on individual county requirements. The Contractor shall not bear company names or logos except for that of the County Clerk and Recorder's Office and authorized credit card companies, unless otherwise agreed upon by the County. 5. The Contractor must coordinate with the DOR and Colorado Correctional Industries (CCI) regarding the purchase of all paper and decal materials. 6. The Contractor shall provide each kiosk with the ability to be anchored to the floor and/or wall. The Contractor shall ensure that each kiosk can be easily unsecured from the floor or wall by authorized personnel. 7. The Contractor must ensure that battery -backed alarms with detectors on all openings are implemented where entry might be forced. 8. The Contractor shall ensure that the internal components of the kiosks are mounted to allow for ease of service with access to all cables, connectors and consumable items. 9. The Contractor must provide kiosks with tamper proof power and data connections. 10. The Contractor shall provide each kiosk with heavy-duty locking mechanisms, hinges, and door mechanisms to resist vandalism and theft attempts. 11. The Contractor shall provide kiosks with enclosures that control ambient and reflective light and allow the screens to be easily seen by the customer without visual deterioration from indoor or outdoor lighting, while being resistant to marks and scuffs. The Contractor shall also provide kiosks that can be easily cleaned. 12. The Contractor shall provide kiosks that withstand heavy and continuous use in an unattended environment. 13. The Contractor shall provide kiosks with adequate ventilation and cooling for the machine's components. 14. For any kiosks requiring cash availability, the Contractor shall provide the kiosks with secure access to the cash box, separate from access to other internal components or other kiosk machines. The test kiosks will be equipped with keys separate from those of production kiosks. 15. The Contractor shall include a small ledge in the kiosk's design for customer ergonomics. The ledge may or may not be part of the enclosure. The Contractor shall ensure that the ledge is positioned below openings, crevices or equipment that may become damaged or cause damage because of drinks spilling, etc. 16. The Contractor shall include in each kiosk a maintenance keyboard residing within the housing that is inaccessible to the general public, but accessible to maintenance employees and service personnel. 17. The Contractor shall make sure that each kiosk has sufficient capacity to support all applications and software products (to include graphics, digitized photographs, informational screens, and other application requirements, etc.) proposed. In addition, the Contractor shall provide memory and hard disk space that will support future software upgrades, enhancements, and additional kiosk applications. 18. The Contractor must provide a solution or system that has the capacity to store usage statistics, but not sensitive or confidential customer data, for at least one hundred and eighty (180) days. The Contractor's data storage must be PCI compliant. 19. Display a. The Contractor shall provide each kiosk with high resolution color touch screen video display monitors with a privacy filter which are capable of displaying high resolution digitized photographs, graphics, and video and meet OIT Technical Standards (Appendix A). A-4 8179759.4/46987-00001 b. The Contractor shall ensure that the display monitors are flat to eliminate parallax distortion. The Contractor shall provide monitors that have been treated in order to minimize reflections and glare. c. The Contractor shall provide monitors that are touch screen and a minimum of seventeen (17) inches in size across the diagonal, having an associated graphics control board with video drivers. d. The Contractor must utilize a display screen that shall be highly durable and not be vulnerable to surface damage. The Contractor shall provide a display screen with a scratch resistant surface that will sustain heavy usage in a public environment. e. The Contractor will provide general and preventative maintenance of the display monitor. f. The Contractor shall ensure that the touch screen monitor is not of the "'overlay" or "membrane" type. The Contractor's proposed kiosk monitor is a capacitive touchscreen. The Contractor shall ensure that the touch screen monitor has a privacy filter that reduces the ability to read the screen when viewed from the side to protect the privacy of information accessed and payments collected. g. 20. Power Supply and Accessories a. In each kiosk, the Contractor shall provide one (1) Uninterrupted Power Supply (UPS) backup that is line interactive, have LED indicators and an audible alarm to provide visual and audible indicators of the unit's operation, and provide a minimum of fifteen (15) minutes continuous power backup. In the event of a complete power failure to the kiosk longer than fifteen minutes, the Contractor shall provide the kiosks with the ability to return to the application upon restoration of power without the intervention of personnel or a system administrator. b. The Contractor shall provide a power supply that has a master switch that controls all equipment and is easily accessible to authorized personnel only. c. The Contractor shall ensure that each kiosk has adequate surge protection for the proposed hardware and future enhancements and additions. d. The Contractor shall supply any power source(s) needed (i.e., batteries) including spares as applicable. 21. Barcode Scanner a. The Contractor shall make sure that each scanner reliably and rapidly scans and interprets 1 -Dimensional and 2 -Dimensional and linear barcodes printed on County documents, including but not limited to: vehicle registration renewals, vehicle registration reinstatements, and identification cards. The County utilizes AAMVA Bar Code Data Encoding Requirements. 22. Printers a. The Contractor shall provide each kiosk with a reliable receipt printer designed for high volume retail applications for printing payment receipts, interim documents, insurance verification messages, driver history records, etc. which meet OIT Technical Standards (Appendix A). b. The Contractor must coordinate with the DOR and Colorado Correctional Industries (CCI) regarding the purchase of all paper and decal materials. D. PAYMENT OPTIONS 1. The kiosks shall feature credit/debit card readers. Vendor to be responsible for providing credit card processing and ensure card reader is certified by the credit card processor. The reader shall not store the credit/debit card information at any point. The devices and payment application must meet all current and future Payment Card Industry (PCI) and Data Security Standard 3.1 (DSS) requirements. The Contractor will not be responsible for credit/debit card merchant fees. 2. The Contractor shall provide a credit/debit card reader that has the ability to read cards that conform to common International Standards (ISO) and ANSI standards. The Contractor shall also provide credit card readers that have proven reliability and that are capable of reading the magnetic stripes on all major credit and debit cards A-5 8179759.4/46987-00001 By end of year 2017 or as federal law dictates, the Contractor shall provide credit card readers that are capable of reading the chip on all major credit and debit cards. No credit card information is to be displayed at any time and no manual entry is to be permitted. 3. The Contractor shall provide all general and preventive maintenance for the card readers as part of the kiosk program. 4. The pilot kiosks shall feature an e -check reader for processing checks. A check will be used as a source of information whereby the e -check reader performs a magnetic read for the check number, account number, and routing number. This data is then used to make a one-time electronic payment from the bank checking or savings account (an electronic fund transfer from an automated clearinghouse). The check itself is not the method of payment and it will be returned to the customer after it has been processed by the reader. The check reader shall accommodate personal and business -size checks. During the pilot phase, e -Checks will be monitored to determine if check payment option should be part of the final roll out kiosk design. 5. The scanned checks must be returned to the customer unmarked/unaltered and not be stored, collected, printed upon, or "voided." 6. Customers who select the e -check payment option must be provided a County approved dialog box explaining the terms and conditions for using this payment option, including, but not limited to, notification similar to the following: "When you provide a check as payment, you authorize us to use information from your check to make a one-time electronic fund transfer from your checking or savings account." 7. E -check transactions are one-time transactions. Customers will not be able to establish an account for ongoing, future payments or multiple transactions, and the kiosk application will not store any customer or payment information for future payments. Contractor will not be responsible for e -check transaction fees. 8. The Contractor shall provide a valid and active credit card, debit card, and checking account for payment certification testing purposes. The payments charged to the accounts will be reversed back to the card or account. At kiosks designated by the County to accept and dispense cash, the Contractor shall provide cash for testing purposes. 9. Cash Payment Accepters and Dispensers — Select kiosks a. At kiosks designated by the County to accept and dispense cash, the Contractor shall provide cash bill acceptors and dispensers, or cash bill recyclers, capable of high volume retail applications. Contractor shall ensure/validate the cash is not counterfeit and currency bills are legal U. S. tender only. The kiosks shall physically reject counterfeit/foreign currency when detected by the cash acceptor and provide a suitable message that "Cash submitted is not acceptable currency" when counterfeit/foreign currency is detected by the cash acceptor. b. The Contractor shall provide each designated kiosk with the capability of accepting, validating, sorting, and stacking US currency bills in the denominations of $1, $5, $10, $20, $50, and $100. c. The Contractor shall implement an electronic readout that displays the amount of cash accepted or dispensed. The kiosk must not accept additional currency once deposits meet the total amount due. d. The Contractor shall provide a bill dispenser or recycler that is capable of dispensing US currency bills in the denominations of $1, $5, and $20. e. The Contractor shall equip designated kiosks with a coin change dispenser that is capable of dispensing change. f. For the kiosks that are designated to accept cash, the Contractor shall incorporate a notification system that is capable of alerting County personnel when the currency dispenser or recycler is low on US currency bills or coins. The Contractor shall provide the kiosks with the capability to automatically disable the cash functionality if the dispensers are either improperly secured or are unable to provide sufficient monies. If disabled, the e -check and credit/debit payment options shall remain available unless they are also malfunctioning. g• 8179759.4/46987-00001 A-6 h. The Contractor shall provide functionality to remove funds from the kiosk totals (refunds). Refund ability will only be available to County Supervisory staff and will be profile/password controlled. 10. Only one method of payment may be accepted for any transaction (cannot combine cash/e-check, or credit/cash, etc.). Contractor shall provide validation methods for cash received to ensure proper payment for the proper amount. E. DELIVERY, INSTALLATION, AND MOVEMENT. 1. The Contractor has full responsibility for installing and deploying kiosks to locations mutually agreed upon between the County and the Contractor. 2. Delivery Date: Unless otherwise agreed to by the County in writing, the Contractor shall deliver the kiosks as agreed by the parties. 3. Installation Responsibility: Except where otherwise expressly provided, "delivery" includes and shall not be complete until the Contractor completes installation of all the new products. Installation includes, without limitation, shipping to destination, all unpacking, positioning and connection of such products with internal utility services, in such a manner to render them ready for acceptance testing. All equipment installations shall comply with building and facilities standards established by the County. During installation, the Contractor must remove all crating and other debris from the premises. The County will place a ticket with the OIT Helpdesk to have WinsSCP installed on designated workstations to allow for monthly and daily renewal file secure transfer. 4. Site Preparations and Modifications: The Contractor shall be responsible for coordinating with the County for all site modifications required to install the kiosk systems, including all peripherals and options. This shall include, for example, cabling of the office, any electrical work required at the facilities, any relocation of electrical service, relocation of furniture, relocation of existing cabling, etc. Cost of these modifications is the responsibility of the County. Any delay or additional site preparation expense caused in whole or in part by erroneous or incomplete environmental specifications shall be the Contractor's liability. Any delay or additional site preparation expense caused in whole or in part by erroneous or incomplete drawings and blueprints provided by County shall be the County's responsibility. 5. Work Site Damages: Any damage from work performed by the Contractor or subcontractor shall be repaired to original condition and to the County's satisfaction at the Contractor's expense. 6. Contractor Property Damage: The Contractor shall be entirely responsible for any loss or damage to its own materials, supplies, and equipment, and to the personal property of its employees while they are maintained on the work site. 7. Relocation of Kiosks: Upon agreement by the parties that a kiosk should be relocated to another third -party partnership location, the Contractor shall relocate the equipment. All costs and expenses associated with such relocation shall be split equally between the County and the Contractor. 8. Except for the cost and expense associated with relocating, or pulling wires to make data or electricity available to the kiosk, which shall be the sole responsibility of the County, shipment to the new installation site shall be at the Contractor's expense by any appropriate mode of transportation selected by the Contractor. The Contractor shall supervise packing, unpacking, and the relocation of equipment. F. REQUIRED PROJECT POLICIES, GUIDELINES, AND METHODOLOGIES 1. The Contractor shall be required to comply with all applicable laws, regulations, policies, standards and guidelines affecting information technology projects, which may be created or changed periodically. The Contractor shall adhere to and remain abreast of current, new, and revised laws, regulations, policies, standards and guidelines affecting project execution. These may include, but are not limited to: personal identification/security, data protection, and data transmission. G. PROJECT MANAGEMENT 1. The Contractor and the Project Management Team shall conduct bi-weekly progress meetings. The bi-weekly progress meetings may be a group meeting to include the project management teams of the other counties that A-7 8179759.4/46987-00001 are participating in this pilot project. The Contractor shall submit a bi-weekly project progress report two days in advance prior to the discussion with the Project Management Team that shall contain, at a minimum, the following information: a. Work accomplished during the bi-weekly period. b. Deliverable progress, as a percentage of completion. c. Problem areas including scope creep or deviation from the work plan. d. Planned activities for the next reporting period. e. Gantt chart updated from the original to show actual progress; as applicable, explanations for variances and plan for completion on schedule. H. DELIVERABLES 1. Project Plan a. The Contractor must submit a detailed project work plan outlining the entire system design, development, initial testing, acceptance period, training, deployment, and implementation of all hardware and software. The project work plan shall include the time frames and required resources detailed in each component of the project. The Contractor's project work plan shall allow reasonable time for the County to review and approve task completion deliverables, without interrupting the Contractor's continuing progress towards the completion of the project. 2. Technical System Documentation a. Prior to production implementation, the Contractor shall provide to the County detailed technical system documentation, detailed system design specifications, descriptions of all proposed kiosk hardware and software, operating instructions, footprints, power and environmental requirements, ADA compliance, model numbers, makes, serial numbers, electrical and grounding requirements, temperature and humidity ranges, software components and features, etc. b. Contractor must also provide technical documentation that describes the operation of all system components, including interfaces to CO DOR or third party systems. Documentation must be provided within 60 days of deployment to production. This documentation must include: i. System architecture diagrams and data flow overlay with ports and services. These documents are commonly known as System Security Plans, which include network topologies, accreditation boundary diagrams, system interface specifications, and system schemas. ii. Incidence Response Plan. Contractor and State Incidence Response Plan per P-CISP-008 Incidence Response (Appendix C). c. Environmental Specifications: Environmental specifications for any equipment to be delivered under this contract shall be furnished in writing by the Contractor. These specifications must be in sufficient detail to permit all installed equipment both inside and outside to function efficiently from an environmental perspective. 3. Status Reports: Project management activities to be performed by the Contractor shall include: a. Establishing and administering controls to ensure that the quality of deliverables is acceptable to the County. b. Providing and updating a detailed project work plan and schedule on a bi-weekly basis. c. Monitoring project activities to ensure that project schedules are met. d. Providing bi-weekly and monthly status reports to the County on the current status of the project and future activities to be performed. e. CO DOR may be upgrading its systems through the DRIVES project, which could have some impact on the kiosk system. Once the DRIVES program becomes active, the Contractor is responsible for providing a A-8 8179759.4/46987-00001 detailed work plan and schedule for the conversion of the kiosk system to DRIVES, and providing bi- weekly and monthly status reports to the County on status of the conversion. 4. Training Plans and Manual a. The Contractor shall provide a detailed screen -oriented training manual to the County and OIT staff that contains all the procedures necessary for the successful operation and interaction with the kiosk system, to include the following: i. System operation. ii. Overview of the system hardware and software architecture and connectivity. iii. Overview of the hardware components and system installation. iv. Hardware and software problem diagnosis and resolution (troubleshooting). v. Remote system monitoring. vi. How to make modifications to the kiosk web application software. vii. Administrative functions, including changing passwords and other routine management tasks. viii. Preventive Maintenance tasks (i.e. cleaning). ix. How the Contractor's staff will train County staff on the new kiosk system and software, along with associated time frames. b. The County will establish a training schedule after consultation with the Contractor. This schedule must coincide with the kiosk installation schedule. c. The Contractor shall provide County staff with on -site system management and operations training sufficient to provide basic knowledge and daily operational proficiency. The training shall include, but not be limited to, the following: i. System operation. ii. Troubleshooting and monitoring. iii. Preventive Maintenance tasks (i.e. cleaning). iv. Standard report printing. v. On demand reporting. vi. Marketing best practices. d. The Contractor shall develop customized training plans that the County may use for its internal training purposes, which shall include: i. Method of training. ii. Length of training (estimate number of hours for each type of employee). iii. Scope of training. iv. List of training materials and samples. v. Detailed description of the training. vi. Detailed outline of each training session. e. Contractor will make available qualified technical staff needed in order to facilitate any changes or diagnosis of issues or enhancements to the kiosk software or hardware. 5. Maintenance Plan: The Contractor must provide the County a detailed maintenance plan in writing. At a minimum, the maintenance plan shall include: A-9 8179759.4/46987-00001 a. The periodic maintenance schedule for each kiosk, including software, servers, firewalls, hardware, and consumables. b. Maintenance tasks, schedules, time allotments, and personnel required to support the maintenance component of the kiosk solution. c. The method the Contractor will use to coordinate any maintenance visits with the County. d. Response times for unscheduled service needs to be as follows: i. All service calls placed to the Contractor shall be responded to within thirty (30) minutes, and maintenance personnel must be on -site within four (4) hours in metropolitan areas and within six (6) hours in rural areas. ii. If replacement parts are required, the parts shall be installed no later than twenty-four (24) hours from initial diagnosis. To ensure this request, the Contractor shall stockpile parts. e. An explanation of how the County can notify the Contractor of kiosk problems and request maintenance. 6. The Contractor shall maintain, update, and provide any and all documentation required or requested by the County throughout the duration of the contract period and any negotiated extensions. Documentation includes, but is not limited to, project plans including deliverables and Gantt charts, statement of work, schedules, technical specifications, and test scripts. The documentation shall be provided at no additional cost to the County. County shall have the right to copy all documentation. 7. The Contractor shall maintain and provide to the County transaction logs from each kiosk. 8. The Contractor shall provide a back-up and recovery plan for ensuring restoration in the event of failures, including information on redundant servers, redundant communication connectivity to the intend, and redundant data centers and their locations. 9. Marketing plan. Vendor to provide a marketing plan outlining county marketing requirements and ITI marketing support provided. I. SOFTWARE REQUIREMENTS 1. System / Architecture a. The Contractor shall work with the OIT to develop a functional design of all proposed software applications prior to development. The Contractor shall ensure the kiosks will integrate with the current OIT application for all transactions. The Contractor shall document the functional design of all software applications and receive the approval of the County and OIT prior to system development. As part of the functional design, sample screens and graphics shall be prepared. The samples shall include the County logo, welcome screens, menu screens, transaction screens, error situations, etc. County will provide detailed technical specifications to the Contractor. b. The initial kiosk application to be developed and implemented by the Contractor for the County shall feature the following services: i. Vehicle Registration Renewal — The Contractor shall provide "Registration Renewal" services that will print and dispense to the customer the registration certificate, year decal, and payment receipt directly from the kiosk. The kiosk shall dispense the appropriate insurance message directly to the customer. ii. Potential to include future transactions. c. The Contractor must coordinate with the DOR and Colorado Correctional Industries (CCI) regarding the purchase of all paper and decal materials. The kiosk application shall provide a "shopping cart" feature to allow customers to combine multiple transactions, meaning that a customer may renew registration for more than one vehicle at a time, with the understanding that they will be charged the $3.00 fee for each vehicle. d. The Contractor must provide the capability of producing real-time reports for all kiosk transactions during normal business hours without affecting the system's performance. e. The Contractor shall provide the capability of producing various reports, including but not limited to: A-10 8179759.4/46987-00001 i. Auditing Reports ii. Accounting Reports iii. Use and Statistical Reports iv. Maintenance Reports v. State -of -health Reports vi. Consumable Inventory Reports vii. Repair and Downtime Reports viii. Response Time Reports, including transaction times per type, payment method, etc., and time measurements for each individual screen ix. Transaction Detail and Error Reports x. Payment Error Reports xi. Cash Out Receipt Reprint xii. Real-time Search Reports xiii. Manual Cash Refunds f. The Contractor shall ensure the kiosk application is able to identify a system error such as a hardware malfunction or interface disruption and is able to immediately alert Contractor's technical support and/or County system administrators of the issue. The Contractor shall provide the kiosks with the capability of interfacing with the Contractor's web server and the State of Colorado's CSTARS application to process all requested transactions. CO DOR may be upgrading its systems through the DRIVES project, which could have some impact on the kiosk system. Contractor is responsible for costs associated with and ensuring the system will be compatible with the conversion to DRIVES. h. The Contractor shall provide an application log server for all transactions, which server will not retain any sensitive (PII) customer information, such as Driver's License Number, Customer Name, Address, and Credit Card Number. The log server will allow for a unique identifier of each transaction for audit and control purposes. At no time, will sensitive information, as defined by the County and by PCI DSS requirements, be stored on the kiosk or server. The Contractor must dispose of any residual information on printout ribbons, etc. in a secure manner. The Contractor will provide the County documentation regarding its disposal of information. The Contractor shall provide a kiosk application capable of detecting logical errors in the data entered by the customer, or in their failure to enter required data. The Contractor will work closely with the County to define the business rules to provide proper validation of all screen inputs and screen fields. j. The Contractor shall submit all multi -media content, graphics, complete screen designs, digitized photographs, printed information, etc. to the County for approval prior to implementation. k. The Contractor shall design screen images that are tastefully colored to attract attention, while avoiding glare. 1. The Contractor shall provide a kiosk application that meets OIT Technical Requirements and is capable of being upgraded to future versions when necessary. The Contractor shall install upgrades to the system as needed which will not be billable to the County and the cost for these enhancements and upgrades will be the sole responsibility of the Contractor. m. In designing the kiosk application, the Contractor shall implement touch screen technology and font sizes large enough to be easily read by the majority of customers. n. The Contractor shall provide a kiosk application for navigation, which is prompt, driven, and intuitive to minimize the need for assistance. The kiosk shall provide voice assistance in both English and Spanish, based on individual county requirements. The kiosk must offer customers the choice to process transactions in A-11 8179759.4/46987-00001 either English or Spanish, based on individual county requirements (with gender neutral vocabulary; translation to be provided by the Contractor), and all prompts, messages and errors will then be presented in the language of choice. o. The Contractor shall provide kiosk application instructions (help screens) to the customer, which are clear and to the point, with no large blocks of text. p. The Contractor shall provide application screens that will not require scrolling, unless approved by the County. q. The Contractor shall provide each kiosk system with the ability to ascertain when a County application is not available, automatically provide a message to customers stating the available service(s), and enable customers to continue to use the available service(s). r. The Contractor shall ensure each kiosk is maintained on the most current version of the Contractor's system of operation. 2. Kiosk Application a. The Contractor shall provide an application for the kiosk that will be modular in design, allowing easy implementation of additional transaction modules at a later date, that interfaces with the State of Colorado's current systems to process transactions, and able to convert to DRIVES once that program is implemented. The Contractor shall ensure that transactions and functions can be easily installed, activated, suspended and managed from a central remote management solution. b. The Contractor shall provide the kiosks with an educational demo/screen saver that will be activated when the kiosk is unattended for a specified amount of time. c. The Contractor must provide kiosk web application screens and voice assistance in both English and Spanish languages, based on individual county requirements with the capability of adding additional language support. The Contractor will provide the County with a written certification as to the accuracy of the Spanish conversion. d. The Contractor shall provide a kiosk web application that will be intuitive, enabling first time users to find the desired information easily and complete the desired transaction. e. The Contractor shall provide a kiosk application that will prevent transaction duplication in the event of an unexpected power failure, lost connection, or reboot. Transaction data will not be sent to the County and the State of Colorado before it has been fully completed. f. Contractor shall provide a back-up and recovery plan for ensuring restoration in the event of failures. Contractor is responsible for providing data recovery services. Contractor shall provide the County a disaster recovery plan including information on redundant servers, redundant communication connectivity to the intemet, and redundant data centers and their locations. 3. Kiosk Multi -Media Presentation Application a. The Contractor shall provide a kiosk multi -media (such as audio, video, high resolution graphics and digitized photographs, etc.) application that runs on each kiosk, that complies with OIT Technical Standards for interfacing with the kiosk web application, and that meets all local kiosk hardware components. b. The Contractor shall implement a system that engages users in an interactive multi -media dialogue guiding them through all phases of their chosen transaction, and producing a printed document when appropriate. The Contractor shall provide a local kiosk multi -media presentation that includes a media attractor loop (such as audio, video, high -resolution graphics and digitized photographs, etc.). The Contractor shall work with the County to develop the contents of this attractor loop. The Contractor will provide the capability for users to control the presentation and interact with each kiosk system by touching the screen with options to cancel or stop the transaction at any time. c. The Contractor shall provide a kiosk multi -media presentation that shall notify the customer if the credit/debit card is not readable and allow the customer to select another form of payment. g - A -12 8179759.4/46987-00001 d. The Contractor will ensure that the application has time-out settings so that no screen image will be displayed on the kiosk long enough to burn images on the screen or allow customer information to be visible to others. 4. Customer Interaction Messages a. Transaction processing messages — The Contractor will provide an application that will communicate to the customer via a screen message and voice prompts during "pause points" of the transaction, which will include: i. "Please wait while we retrieve your information." ii. "Please wait while we process your transaction." b. Transaction error messages — The Contractor will implement an application that will communicate to the customer via screen messages on the monitor and voice prompts during kiosk malfunctions/errors, which will include: i. "The kiosk printer is experiencing technical difficulties. Please see a customer service representative." ii. "The scanner cannot read your barcode. Please try again or utilize the manual data entry option." After three consecutive failed attempts, the application will prompt the user to, "Please utilize the manual data entry option." iii. "The scanner cannot read your credit card. Please try again." After three consecutive failed attempts, the application will prompt the user to, "Please use another form of payment or see a customer service representative." iv. "The check reader cannot read your check. Please try again." After three consecutive failed attempts, the application will prompt the user to, "Please use another form of payment or see a customer service representative." v. "The cash acceptor cannot accept your payment. Please try again." After three consecutive failed attempts, the application will then prompt the user to, "Please use another form of payment or see a customer service representative." vi. "The kiosk is experiencing technical difficulties. Please see a customer service representative." vii. Error messages shall be customized for kiosks in partnership locations. The error messages shall include phone numbers and/or directions to the nearest County office. Messages may include instructions to remedy errors encountered while processing a transaction. c. Customer prompt messages — The Contractor shall provide an application for the kiosk that will prompt the customer via screen messages, voice prompts and visual location indicators during key steps of the transaction, which will include: i. "Please insert your credit card." ii. "Please insert cash." iii. "Please insert your check." iv. "Please take your change." v. "Please take your receipt." vi. "Please take your registration certificate and decal." 5. Software Provisions a. Software Upgrades - The Contractor shall provide the County with any and all upgrades that become available during the term of the contract. b. Third Party Acquisition of Software - The Contractor shall notify the County in writing if its intellectual property, associated business, or any of its assets are acquired by a third party. The Contractor further agrees that the terms and conditions of this Agreement, including any and all license rights and related A-13 8179759.4/46987-00001 services, shall not be affected by the acquisition. Prior to the completion of the acquisition, the Contractor shall obtain for the County's benefit and deliver to the County the assignee's agreement to fully honor the terms of this Agreement. c. Title of Software - The Contractor represents and warrants that it is the sole owner of the software or, if not the owner, has received all legally required authorizations from the owner to license the software, as well as the full power to grant the rights required by this Agreement. Neither the software nor its use in accordance with the Agreement will violate or infringe upon any patent, copyright, trade secret, or any other intellectual property rights of another person or organization. d. For Office of Information Technology initiated modifications to the software, the Contractor shall commit to a reasonable delivery date for enhancements, as mutually agreed upon, when the County determines to proceed with the change. e. Prior to any new software releases and/or updates, the Contractor shall send the software releases and updates to the County for validation in a test environment. The County will perform testing for authorization to proceed. The Contractor retains the responsibility for putting the change into production at all sites. The Contractor shall propose, provide, and fully describe its solution in writing for updating all sites with any new software releases. f. The Contractor will make available to the County a system to track and audit all software changes applied, to include version numbers, descriptions, staff involved, reasoning, requestor, responsible party for the change, time and date. The Contractor agrees to utilize industry accepted design and coding standards for the kiosks and server based applications. The Contractor will also track all software modifications by release versions with full detail as to why the change was requested, approval of change, description of change, staff involved, testing involved, initiation dates as well as completion, release, and verification dates. h. The Contractor shall maintain and provide to the County transaction logs from each kiosk. The Contractor shall not store any sensitive customer information as defined by the County, OIT, and PCI DSS guidelines, and should any sensitive information be deemed necessary for audit purposes, the information shall be encrypted. i. The Contractor shall maintain server backups at designated locations. J. KIOSK OPERATIONAL STATISTICS AND REPORTING 1. The Contractor shall provide a solution for centrally collecting, storing, and reporting kiosk usage/performance statistics in real time. No sensitive customer information, as defined by the County, OIT, and PCI DSS guidelines, shall be stored on the kiosks. 2. The Contractor will maintain servers which will collect data from kiosks each time a transaction is ended, whether the transaction was completed or not. The servers will be connected to the Contractor's network. The kiosks will not connect to the County's IT network system. 3. The Contractor will provide an interface for looking up transactions, providing various reports, and producing on demand reports. 4. The Contractor shall provide the capability of producing various reports sorted by transaction type, within date, by kiosk, and kiosk location. Although the standard statistical reports shall be finalized during the detail design phase of the project, the Contractor shall provide the capability to produce the following various types of reports: g - a. Auditing reports b. Accounting reports c. Use and statistical reports d. Maintenance reports e. State -of -health reports A-14 8179759.4/46987-00001 f. Consumable inventory reports g. Repair and downtime reports h. Response time reports, including transaction times per type, payment method, etc., and time measurements for each individual screen i. Customer session statistics and summaries, including transaction performed, date and time, length of session, language used, payment method, system errors encountered, component failures encountered, and amount tendered. J. k. Transactions by payment method Detailed transaction statistics and summaries I. System errors and summaries m. Component failures and summaries n. Time of day statistics o. Monies count reconciliation reports P. q• Survey results Session results, including aborted or cancelled transactions and the screen it was on, timed -out transactions and the screen it timed -out on, completed transactions, and unsuccessful transactions and reasons. K. STATE -OF -HEALTH 1. The Contractor shall provide each kiosk with the capability to monitor and report its own state -of -health and identify any component failures. 2. The Contractor shall monitor and provide each kiosk with the capability to recognize a low quantity threshold for each consumable supply and generate an alert to the Contractor's central kiosk monitoring station. L. SECURITY REQUIREMENTS 1. The Contractor shall provide all kiosks with network controls, system access controls, and management systems that meet OIT Technical Standards. 2. The Contractor shall incorporate into the kiosk design audible and electronic security alerts to notify the Contractor and County staff when the kiosk is being tampered with or if there is an unauthorized entry. 3. The Contractor shall ensure that the kiosks and kiosk servers do not display or store credit card numbers at any time. 4. The Contractor shall incorporate into the kiosk design an automatic time-out function which will activate if a customer ceases interaction with the kiosk. Each individual screen within the kiosk application shall be configured for individual time-out periods due to some tasks, e.g. accepting cash. The Contractor shall work with the County to determine the appropriate time-out duration. 5. The Contractor will ensure that the kiosk system will treat all data as sensitive, and appropriate technologies will be employed to ensure confidentiality and integrity of the data. The Contractor shall strictly adhere to OIT and PCI DSS standards to utilize the best methodology for protecting data at input, transition, and storage levels. 6. The Contractor shall implement back -end user access at group levels to control access to various components of the kiosk system's infrastructure. 7. The Contractor shall ensure that the kiosks utilize password security and lock -out procedures. All passwords are required to be at least eight characters in length and utilize alpha and numeric values as well as special characters. 8. The Contractor shall implement the kiosk system to employ a "three strikes" rule for backend user login, where the user account is locked or suspended after the third unsuccessful login attempt. Each login attempt shall be logged in the database with user ID, encrypted password, source, date, and time. A-15 8179759.4/46987-00001 9. The Contractor shall implement a back -end administrative override to reinstate locked out user accounts or to reset passwords. 10. The Contractor shall ensure that the kiosk application provides a secure system that protects field -level and document -level security for all data within the kiosk application. The Contractor shall take all precautions necessary and employ methodologies agreeable to the County to protect data that can be accessed, viewed, or printed from being made available to unauthorized entities. 11. The system implemented by the Contractor shall enable all network connections to external systems and clients outside the OIT and Contractor's firewall to be controlled in accordance with the OITs Technical Standards. The Contractor shall be responsible for purchasing all data circuits, routers, switches, firewalls, security certificates, VPNs and any other associated costs. 12. The Contractor shall implement a kiosk system that will adhere to all OIT security standards and will ensure the kiosk system's compliance throughout the term of this Agreement. 13. The Contractor shall design a system that will provide multiple security profiles. At a minimum, these profiles shall include: a. System administrator — This individual has the overall responsibility of the operation and maintenance of the system. b. Business administrator — This individual monitors the use of the system by County units and assists in establishing and defining an event or service, if needed. c. Management — The individual(s) assigned to this role are authorized to perform a variety of read-only tasks, including running standard reports and querying the system's database. M. MAINTENANCE 1. All costs associated with the maintenance and upkeep of the kiosks shall be the sole responsibility of the Contractor. The Contractor shall be responsible for all on -site remedial and preventive maintenance, including the following: a. All labor, parts, and travel that is necessary to keep all products (including all hardware and software) in good operating condition and to preserve their operation within the requirements, specifications, and efficiency set forth in this Agreement. b. All consumable supplies (ribbons, printer rolls, paper, registration forms and decals, etc.). c. Graffiti removal using best efforts to remove as soon as possible. d. Any necessary shipment and insurance costs. 2. County personnel may be permitted to replenish kiosk consumables and provide low level maintenance, such as check printers and clear paper jams. 3. General Maintenance a. The Contractor shall ensure that all maintenance will be performed in a manner to allow for continuous operation of the kiosks at all locations. b. The Contractor must provide the County a detailed maintenance plan. At a minimum, the maintenance plan shall include: i. The periodic maintenance schedule for each kiosk, including software, servers, firewalls, hardware, printer, and consumables. ii. Maintenance tasks, schedules, time allotments, and personnel required to support the maintenance component of the kiosk solution. iii. The method the Contractor will use to coordinate any maintenance visits with the County. iv. Response times for unscheduled service needs to be as follows: A-16 8179759.4/46987-00001 (I) All service calls placed to the Contractor shall be responded to within thirty (30) minutes, and maintenance personnel must be on -site within four (4) hours in metropolitan areas and within six (6) hours in rural areas. (2) If replacement parts are required, the parts shall be installed no later than twenty-four (24) hours from initial diagnosis. To ensure this request, the Contractor shall stockpile parts. v. An explanation of how the County can notify the Contractor of kiosk problems and request maintenance. c. The Contractor shall provide the County a monthly maintenance report which identifies the kiosk, serial number, technician, issue, resolution, and date and time of service for each kiosk. d. The Contractor shall provide an incident report to the County upon completion of a service call detailing what actions were taken and the status of the problem. e. Maintenance by the Contractor does not include repairs of damage resulting from: acts of God, negligence by State or County personnel, or other causes not related to ordinary use in the production environment in which installed. f. Maintenance by the Contractor shall include the cost of labor, parts, travel, factory overhauls, rehabilitation, transportation, and substitute equipment as necessary for 98% effective performance. In those instances, where it is necessary for the Contractor to return the equipment to the factory, the Contractor shall be responsible for all costs of the equipment from the time it leaves the County site until it is returned to the County site in good operating condition. Only a new standard part or parts equal in performance to new parts shall be used in effecting repairs. With the exception of cash and coins, the Contractor will be responsible for replenishing all kiosk consumables where applicable at all County offices and partnership locations. The Contractor will provide all items necessary for the kiosk to function including, where applicable, batteries. County personnel may be permitted to replenish kiosk consumables. County personnel will be responsible for providing a bank to begin the day and for removing the cash at the end of each day. 4. Preventative Maintenance a. Preventive maintenance work by the Contractor shall be scheduled to minimize impact to normal business operations at each kiosk location. Preventive maintenance shall be performed at a time mutually agreed upon by the County and the Contractor. 5. Remedial Maintenance a. All service calls placed to the Contractor shall be responded to within thirty (30) minutes, and maintenance personnel must be on -site within four (4) hours in metropolitan areas and within six (6) hours in rural areas. b. If replacement parts are required, the parts shall be installed no later than twenty-four (24) hours from initial diagnosis. To ensure this request, Contractor shall stockpile parts. c. At the time of installation, all equipment provided by the Contractor shall be of new manufacture and in good working order. It shall be the Contractor's responsibility to make all necessary adjustments, repairs, and replacements, without additional charge, to maintain each system component in good working order for the term of the Agreement and any extensions. The Contractor agrees it has full responsibility and it assumes the cost burdens to ensure a 98% effective performance level. d. Software maintenance to restore services shall be completed by the Contractor at no charge to the County. The Contractor shall react immediately to restore services to sites that are not functioning. 6. Performance Level a. Equipment and software furnished by the Contractor shall be capable of continuous operation. b. The County reserves the right to request and receive from the Contractor a replacement kiosk if any kiosk remains inoperable for more than three (3) consecutive business days, at no cost to County. g- A-17 8179759.4/46987-00001 c. The County reserves the right to request a replacement from the Contractor if any kiosk has more than three (3) service calls placed within any consecutive sixty (60) day period. This will be exercised by County, at its discretion, at no cost to County. d. It is the responsibility of the Contractor to make its best effort to ensure that ninety-five percent (95%) of the transactions occurring within the Contractor's network shall be completed within a two (2) minute period. Contractor to provide best in class screen designs that will allow accurate and timely transaction processing. e. The Contractor shall make sure that each kiosk performs at an effectiveness level of 98% or more during any thirty (30) day period. The effectiveness level is the percentage of scheduled production time during which the kiosk is not down. 7. Maintenance Provisions a. Warranty and Maintenance of Software - Beginning on the date of notice to proceed, and for the term of this Agreement and any extensions following acceptance, the Contractor warrants that all kiosk software provided and/or developed under this Agreement shall operate in accordance with the requirements and specifications set forth in this Agreement. The maintenance service necessary to maintain the operation of the software in accordance with the Contractor's warranty shall be performed on -site and shall include, but is not be limited to, toll -free phone support from 7:00 am to 8:00 pm Mountain, detection and correction of errors, updating all software to operate with all updated or revised versions of the operating systems for which the software is licensed, and all patches, fixes, revisions, updates, upgrades, and minor releases to all software and supporting documentation. The Contractor shall provide a thirty (30) minute return call response time and complete all necessary maintenance on -site within six (6) hours in rural areas and four (4) hours in metropolitan areas of initial notification by County of any malfunction or inoperability of any kiosk. b. Warranty and Maintenance of Hardware - Beginning on the date of notice to proceed, and for the term of this Agreement and any extensions following acceptance, the Contractor warrants that all equipment and hardware provided shall operate in accordance with the requirements and specifications set forth in this Agreement. Maintenance service necessary to maintain operation of equipment and hardware in accord with the Contractor's warranty shall be performed on -site at no additional cost to the County. The Contractor shall provide a thirty (30) minute return call response time and complete all necessary maintenance on -site within six (6) hours in rural areas and four (4) hours in metropolitan areas of initial notification by County of any malfunction or inoperability of any kiosk. c. County's Responsibility during Maintenance - During any term of maintenance, County personnel will not perform any maintenance or attempt repairs to the equipment except as authorized in writing by the Contractor. The County shall permit access to the equipment that is to be maintained, subject to the installation site's security regulations. d. Downtime - A kiosk is considered to be "down" if it is unavailable for customer use during normally scheduled hours of availability by the County. Downtime shall commence when the malfunction is reported to the Contractor at its designated contact point, and shall end when the kiosk becomes available for customer use. Downtime does not include interruptions of service due to County web service or network problems, power outages or other factors not in the Contractor's control. e. Effectiveness Level - The Contractor shall cover maintenance costs to ensure any kiosk under current maintenance performs at an effectiveness level of 98% or more during any thirty (30) day period. The Effectiveness Level is the percentage of scheduled production time during which the kiosk is not down. f. Contractor's Maintenance Point of Contact - The Contractor shall provide a single point of notification for all maintenance problems during the hours of the period of maintenance. The Contractor shall provide and display on each terminal a toll -free telephone number for the purpose of contacting the Contractor's call center or help desk. The Contractor's intended call center or help desk will initiate service procedures that will meet all service/maintenance level requirements set forth in this Agreement. The call center or help desk shall be monitored regularly either electronically or manually, and all maintenance and service calls will be recorded for on -demand and real-time reporting. A-18 8179759.4/46987-00001 g. Qualified Maintenance Personnel - All technicians of the Contractor performing maintenance shall be properly authorized by the manufacturer(s) to perform such services. The County reserves the right to require proof of certification at any time during the term of this Agreement and any extensions. h. Reconditioning - The Contractor warrants that the equipment provided shall not require reconditioning when such equipment has been under warranty or a constant maintenance contract since the date of acceptance. The Contractor warrants that all the equipment provided will be covered by warranties and maintenance contracts throughout the term of this Agreement and any extensions. The County shall not be liable or responsible for any reconditioning or replacement costs. A-19 8179759.4/46987-00001 OP ID: MM A RD- CERTIFICATE OF LIABILITY INSURANCE DATE(MI /201 Y`ry 05/24/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poilcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Oscar C. Matson Insurance 6500 East State Boulevard P. O. Box 15129 Fort Wayne, IN 46885- Matson Insurance Agency NAME CT JENNY REKEWEG PHONE 26Q -749-010Q F (/UC, No, Bct)- I (AID, No), 260-749-7905 ADDRESS; JENNY@OCMITSONINSURANCE.COM PRODUCER INT1001 CUSTOMERiDA: INSURER(S) AFFORDING COVERAGE NAIC S INSURED ITI INDIANA, LLC INTELLECTUAL TECHNOLOGY, INC. IT! HOLDINGS, INC 1901 CAMINO VIDA ROBLE,STE 204 CARLSBAD, CA 92008 INSURER CINCINNATI iNSURANCE CO. 10677 INSURER B: AXIS INSURANCE COMPANY INSURER C: INSURER D : INSURER S : INSURER F : COVERAGE CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R LTµ TYPE OF INSURANCE ADDL BI R SU: R WVD POLICY NUMBER POLICY EPP IMM/DD/YYYYt POLICY EXP IMM1DDfYYYY) LIMITS A A GENERAL X UABILITY COMMERCIAL GENERAL UABIUTY X OCCUR CPP 1053278.01 09/01/2015 09/01/2018 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED PREMI$ES (F6 txxvarenoe) $ 100,000 CLAIMS -MADE MED EXP (Any one person_ $ 10,000 X CG 2010 07 04 PERSONAL & ADV INJURY , $ 1,000,000 GENERAL AGGREGATE S 2,000,000 —GEN'L AGGREGATE OMIT APPLIES PER; t POLICY IT FC0T Ti LOC PRODUCTS - COMPIOP AGO 5 2,000,000 S A AUTOMOBILE X SCHEDULED X X X !COMP LIABILITY I ANY AUTO ALL OWNED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS 500 COLL 500 CPA 1053278 HIRED & NON -OWNED 09/01/2016 09/01/2016 09/01/2017 09/01/2017 COMBINED SINGLE LIMIT (Ea S 1,000,000 BODILY INJURY (Per person) $ $ BODILY INJURY (Per at. ) PROPERTY DAMAGE (PER ACCIDENT) $ $ S A - UMBRELLA UAB EXCESS UAB X OCCUR CLAIMS -MADE CPP 1053278-01 09/01/2015 09/01/2018 EACH OCCURRENCE $ 5,900,000 AGGREGATE S 5,000,000 -'_, DEDUCTIBLE X I RETENTION $ 0 S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER ANY PROPRIETORIPARTNERIEXECUTVE OFFICERIMEMBER EXCLUDED? (Mandatory In NHj tf Yes deserfie under DESCRIPTION OF OPERATIONS YIN NI A I WCY A - 1 I T E,L. EACH ACCIDENT S EL DISEASE - EA EMPLOYEE S below EL DISEASE • POLICY LIMIT S 5 A CYBER & PROF LIAB CRIME MCN 000235431601 09/26/2016 CPP1053278-01 109/01/2015 09/26/2017 09/01/2018 5,000,000 500,000 DESCRIPTION OP OOPERRATIONS I LOCATIONS) VEHICLES (Attach ApCO{�RDD 101, AddIttiionaall Remarks Schedule, rcQmom space Is required) FFI ERS ITSAGENTS,ANDITSE LOYEESACTINGINOTHE� SF E D CHE RAD OYOFFICERS, CERTIFICATE HOLDER CANCELLATION BOARCOU BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD 1401 N 17TH AVE GREELEY, CO 80634 1 SHOULD'ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Matson Insurance Agency ACORD 25 (2009/09) ® 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A ar LM CERTIFICATE OF LIABILITY INSURANCE R001 DATE (MM/DD/YYYY) 5/23/2017 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PAYCHEX INSURANCE AGENCY INC 210705 P: F: (888) 443-6112 PO BOX 33015 SAN ANTONIO TX 78265 CONTACT NAME: (NHC,N,tExt): l(F ,No): (888) 443-6112 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Hartford Fire & Its P&C Affiliates 0091 INSURED ITI INDIANA LLC; INTELLECTUAL TECHNOLOGY INC 1901 CAMINO VIDA ROBLE STE 204 CARLSBAD CA 92008 INSURER B: INSURER C: INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MRTYPE LTR OF INSURANCE ADMSUBR INSR IYVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL -MADE LIABILITY OCCUR EACH OCCURRENCE $ CLAIMS DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT PRO -LOG JECT APPLIES PER: GENERAL AGGREGATE $ POLICY PRODUCTS - COMP/OP AGO $ OTHER: $ AUTOMOBILE LIABILITY ANY AUTO OWNED __ SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ _ PROPERTY DAMAGE (Per accident) $ _ S UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DE4 IRETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ❑ If yes, describe under DESCRIPTION OF OPERATIONS below NA 76 WEG TU9696 02/09/2017 02/09/2018 X I STATUTE PER I 10TH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000 , 000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. RE: Project # RFP 16-53 CANCELLATION --------------------- The Board of County Commissioners County of Weld 1402 N 17TH AVE GREELEY, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE / '{ "- - . . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Esther Gesick From: Bruce Barker Sent: Tuesday, May 23, 2017 3:46 PM To: Esther Gesick Subject: FW: Weld County Agreement for Services Attachments: 20170523 CO - SST Agreement with Weld County.pdf Please put this on next Wednesday's agenda for approval. Thanks. Carly says the signed original will be delivered tomorrow. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Carly Koppes Sent: Tuesday, May 23, 2017 3:22 PM To: Bruce Barker <bbarker@co.weld.co.us> Subject: FW: Weld County Agreement for Services Please see attached. Survey: Tell us how we are doing Thank you, Carly Koppes Weld County Clerk and Recorder 1401 N 17th Ave Greeley, CO 80634 (970) 400-3155 (720) 652-4200 x 3070 Cell: (970) 815-1166 Email: ckoppes@co.weld.co.us Election Department webpage! www.weldvotes.com 1 Motor Vehicle webpage! www weldmotorvehicle com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Teresa Guest jmailto:tguest@iti4dmv.com] Sent: Tuesday, May 23, 2017 3:14 PM To: Carly Koppes <ckoopes@co.weld.co.us> Cc: John W. Low <jlow@iti4dmv.com> Subject: Weld County Agreement for Services Carly, Please see attached partially signed agreement. Please have it countersigned and return a copy for our files. FYI, Certificates of Insurance are forthcoming. Thank you. Teresa Guest Executive Assistant Intellectual Technology, Inc. 1901 Camino Vida Roble, Suite 204 Carlsbad, CA 92008 Tel: (760) 476-9100 Fax: (760) 476-9150 tquestaiti4dmv.com NOTE: "This email and any files transmitted with it am confidential and intended solely for the use of the individual or entity to whom they am addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you am not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you am not the intended recipient you am notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited." 2 Hello