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Home My WebLink About20161823.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR ORACLE DATABASE SUPPORT RENEWAL AND AUTHORIZE CHAIR TO SIGN - DLT SOLUTIONS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Professional Services for Oracle Database Support Renewal between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Information Technology, and DLT Solutions, commencing May 15, 2016, and ending May 14, 2017, with further terms and conditions for extension being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Professional Services for Oracle Database Support Renewal between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Information Technology, and DLT Solutions, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro -Tern 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 15th day of June, A.D., 2016, nunc pro tunc May 15, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: djaif,,,) " d :ok Weld County Clerk to the Board 1 BY County Attorney Date of signature: � I t /aO1(O EXCUSED Mike Freeman, Chair Sean P. Conway, Pro-Tem ulie A. Cozad CUSED rbara Kirkmeyer Steve Moreno Cc.: Z T CRR) -7/tg/QC) (co 2016-1823 IT0005 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: DLT Solutions, LLC Agreement Extension Renewal DATE: May 23, 2016 DEPARTMENT: Information Technology PERSON REQUESTING: Ryan Rose Brief description of the problem/issue: DLT Solutions, LLC provides Oracle database software to the Information Technology department. The database software is the foundation for many of our major applications for the Human Resources, Accounting, Assessor, Public Works, Building and Planning, Environmental Health, and Human Services departments. The agreement includes a clause for one-year extensions after the term date is met. The attached agreement extension between the Board of Weld County Commissioners provides for software maintenance from May 15, 2016 through May 14, 2017, in the amount of $19,533.73. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) This provider specializes in selling database software which is utilized by the above mentioned departments to conduct their daily businesses. Recommendation: It is recommended that the BOCC approve the extension agreement for an additional term. Mike Freeman, Chair Sean P. Conway Julie Cozad Steve Moreno Barbara Kirkmeyer Approve Schedule Recommendation Work Session mr Other/Comments: 2016-1823 WELD COUNTY AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WEJ D COUNTY & DLT Solutions.LLC Oracle Database Support Renewal THIS AGREEMENT is made and entered into this I5th day of May, 2016. by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is [ 150 "O" Street, Greeley, Colorado 8063 I hereinafter referred to as "County," and DL Solutions, LLC, who whose address is 24 I 1 Dulles Corner Park Suite 800 Herndon, VA 20171, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows; I. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibit A which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. This contract may be extended annually upon written agreement of both parties. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $19,533.73, which is the amount set forth in Exhibit A. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County. nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. D /lv /423 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to he a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. insurance and Indemnification. Contractor shall procure at least the minimum amount of insurance required by the State of Colorado or required by the Agreement. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. IS. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a DL'! So! L h mot. s court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-i0-101 et seq., as applicable now or hereafter amended. 24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. 25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction. 27. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibit A, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 15th day of May 2016. CONTRACTOR: CJ' Name: ,fGtryiae,,4 A. o4,43 Title: V/J— Seit teg Date WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld rot Clerk to the B.ard_•�, WELD COUNTY, CQIORADO BY mor can P. Conway, Pro-Tem JUN 15 �/�-/A23 OLT Price Quotation Quote: 4489481 Reference: 1152207 Date 04/11/2016 Expires: 05/06/2016 To. Mr. Jeff Pepin Weld County (CO) 1401 N 17th Avenue ATTN Ryan Rose Information Technology Greeley, CO 80632 Phone. (970) 356-4000 x2567 Fax: Email: jpepin@co.weld.co.us From Courtney Osgood DL T Solutions, LLC 2411 Dulles Corner Park Suite 800 Herndon, VA 20171 Phone' (703) 708-9654 Fax (866) 419-7926 EmaaC courtneyosgoodt'�dlt.com a_i P3rt SUPP RENEWAL -CORE Support Rerevval - Core Technology SERVER 17 I 'V I/ TCP/IP PROTOCOL CSI 1098750 Qty 35 PoP: 5/15/2016 through 5/14/2017 2 SUPP RENEWAL -CORE Support Renewal - Core Technology Oracle Database Standard Edition - Named User Pius Perpetual CSI: 17998281 Qty: 5 'PoP:5/1512016 through 5/1412017 SUPP RENEWAL -CORE Support Renewal - Core Technology Oracle Database Standard Edition One - Processor Perpetual CSI 18065'76 Qty 1 PoP: 5/15/2016 through 5/14/2017 4 SUPP RENEWAL -CORE Support Renewal - Core Technology Oracle Database Standard Edition Named User Pius Perpetual CSI: 14380127 Qty: 10 Pop: 5/15/2018 through 5/14/2017 ;SUPP RENEWAL -CORE Support Renewal - Core Technology 'SERVER V7.0 KIT NETWARE CSI. 668336 Qty• 8 PoP: 5/15/2016 through 5/14/2017 CONFECENT ,UL. or?rso OM OM OM OM OM Unit Price $7,433.13 1 $189.54 $616.66 1 $630.07 Ext Prt,;e $7,433.13 $189.54. $616 66 $830.07 $1,120.51 $1,120.51 Page - of ALT Price Quotation Quote. 4489481 Reference 1152207 Date. C4/11/2016 Expires. 05/06/2016 DLT?art No 6 SUPP RENEWAL -CORE Support Renewal - Core Technology SERVER V7.1 W/ TCP/tP PROTOCOL CSI: 1034622 Qty 8 PoP: 5/15/2016 through 5/14/2017 7 SUPP RENEWAL -CORE Support Renewal - Core Technology Oracle Database Standard Edition - Processor Perpetual CSI 16372830 Qty 2 PoP: 5/15/2015 through 5/14/2017 SUPP RENEWAL -CORE Support Renewal - Core Technology Oracle Database Standard Edition - Named User Plus Perpetual CSI: 14380127 Qty: 50 PoP: 5/15/2016 through 5/14/2017 =" UndPnce OM 1 •69:7`. ny. OM 53,939.98 $3,939.98 $4,632.95 $4,632.95 Total $19,533.73 Contract Number OPEN MARKET DUNS #: 78-646-8199 Oerrorrol in >Y' 44_1 5QORA'7 CAGE Code: 0S0H9 I -US' uestination Terms: Net 30 (On Approved Credit) DLT accents VISA/MC/AMEX DLT's standard Terms & Conditions apply PLEASE REMIT PAYMENT TO: DLT Solutions. LLC Bank of America ABA # '1100001'2 Acct # 44 51 0637 99 -OR- Mak ULT. Solutions, LLC P G. Box 743359 Atlanta, GA 30374-3359 Customer orcers subject to applicable sales tax in: CA, CO, CT. DC, FL, GA, HI, IL, IN, KS, KY, LA, MA, MD, MI, MO, MS, NC, NM, NJ, NV, NY, OH, OK, PA, RI, SC, TN, TX, VA, WA, WI The terms and conditions of the Manufacturer's standard commercial license and subscription agreement are made a part of this quotation and shall govern purchaser's use of any Manufacturer product Co,tact the DLT Sales Rep if further information is required Huge 2 or 3 OLT Price Quotation Quote: 4489481 Reference 1152207 Date 04/11/2016 Expires 05/06/2016 Documentation to be submitted to validate Invoice for payment: a. Authorized Services shall be invoiced with a corresponding time report for the period of performance identifying names, days, and hours worked. b. Authorized reimbursable expenses shall be invoiced with a detailed expense report, documented by copies of supporting receipts_ c. Authorized Education or Training shall be invoiced with a Report identifying date and name of class completed, and where applicable the name of attendees. Dt_ r :, ONFIDENT AL pave 3 of 3 i 1 ® ACCPRE, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY)04/04/2016 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 policy(ies) 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 MARSH USA INC. SOUTH STREET, SUITE 1001 BALTIMORE, MD 21202 102486406 -TECH -4/3-16-17 CONTACT NAME' PHOONE (A/C. No. o. Extl: I (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Atlantic Specialty Insurance Company 27154 INSURED DLT SOLUTIONS LLC ATTN: Steve McDaneld 2411 Dulles Corner Park Suite 800 Herndon, VA 20171 INSURER B : Indian Harbor Insurance Co. 36940 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CLE-004561409-11 REVISION NUMBER:4 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. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 711-01-12-24-0007 04/03/2016 04/03/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES (a occcu RENTED $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENII AGGREGATE LIMIT APPLIES PRO- JECT X PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED NON OWNED AUTOS 711-01-12-24-0007 04/03/2016 04/03/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE 711-01-12-24-0007 04/03/2016 04/03/2017 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ DED I I RETENTION$ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y N N N / A 406-02-75-11-0007 04/03/2016 04/03/2017 X I PER STATUTE I 1H ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B TECHNOLOGY ERRORS AND OMISSIONS MTP9030857 02 04/03/2016 04/03/2017 EACH CLAIM / AGGREGATE $3,000,000 DEDUCTIBLE $50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION DLT Solutions LLC Attn: Steve McDaneld 2411 Dulles Corner Park Suite 800 Herndon, VA 20171 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 of Marsh USA Inc. Manashi Mukherjee ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Hello