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HomeMy WebLinkAbout20142091.tiff MEMORANDUM u TO: Weld County BOCC August 209'2014 1 tI _II Ir. FROM: Ryan Rose, Chief Information Officer SUBJECT: Truepoint LLC Statement of Work Weld County IT is requesting approval to proceed with the attached SOW from Truepoint LLC. Per BID#61400109 the BOCC approved the Statement of Work with Truepoint LLC. We have attached the original BID, the SOW and the Weld County professional services agreement for approval. 0anaw± e e zr lie ?a (mw,RE o?o/U—0709/ 9- 3-20 W 9/ /9 1 r�o� AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY& TRUEPOINT,LLC r THIS AGREEMENT("Agreement") is made and entered into this) day of 2014, by and between the County of Weld, a body corporate and politic of the State of Colorad , by and through its Board of County Commissioners,whose address is 1150"O" Street, Greeley, Colorado 80631 hereinafter referred to as "County,"and TRUEPOINT SOLUTIONS, LLC, a California Corporation, licensed to do business in the State of Colorado,who's address is 3262 Penryn Road, Suite 1000-B, Loomis, CA 95650 hereinafter referred to as "Contractor" or"Contract Professional." WITNESSETH: WHEREAS,County desires to retain Contractor as an independent Contractor to perform services as more particularly set forth below; and WHEREAS, The Board of County Commissioners of Weld County, Colorado,by and through its Chief Information Officer(collectively referred to herein as "Weld County"), wishes to purchase consultant services. WHEREAS, Contractor 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; and, WHEREAS, Weld County utilizes Accela Land Management, GIS, Citizen Access and AMO to manage their business processes associated with the Environmental Health Services, Planning, Building, Code, and Public Works departments. Weld County is currently running Accela version 7.1 with an Oracle 1182 database. There are enhancements that are required across the various departments. These process improvement enhancements include reporting, workflow changes, scripting, etc. NOW THEREFORE,County agrees to buy from Contractor, and Contractor agrees to sell to County, the services described herein, at the price quoted and subject to the terms and conditions of this agreement. 1. INTRODUCTION The terms of this Agreement are specified in the terms of this document and in Exhibits A and B. County has previously reviewed the Contractor's information regarding RFP# 1400109 WELD 2013-9 Accela Configuration Enhancements. County's expectations of the performance of the service being purchased and its application in relation to the software and hardware environment in which the software is expected to operate is based on the attached Exhibits A and B. The terms of this Agreement are specified in this document and in Exhibits A and B,which are an integral part of this Agreement, are referred to herein,and are attached hereto and made a part hereof. Exhibit A, County's Request for Proposal, includes County's description of its expectations of the performance of the services being purchased, the application of the software, the software and hardware environment in which the software is expected to operate, and the number of users of the software. Exhibit B, Contractor's Response to County's Proposal or Statement of Work, includes Contractor's response to County's description of its expectations of the performance of the services being purchased, the application of the software, the software and hardware environment in which the software is expected to operate, and the number of users of the software. 2. DEFINITIONS 2.1 COMPUTER means a machine or system, which uses logical devices ("central processing units") to process information, such as a multiprocessor computer system or a workstation. 2.2 DESIGNATED COMPUTER(S) means specific Computer(s), including replacements, modifications, upgrades and additions thereto, upon which the application software is compiled or installed and executed. 2.3 SOFTWARE DOCUMENTATION means the standard user documentation published or provided on- line by Contractor, or distributed by Contractor under a third party license, describing the use of the Software, including any tutorial presentation of the capabilities of the Run-Time Versions and may include technical documentation which describes the design of the Software. Software Documentation may be released in an electronic media format. Notwithstanding the foregoing, Software Documentation does not include any third party software documentation. 2.4 PRODUCT UPDATE means a change or new release of the Software or Software Documentation designed to correct Software Problem(s). 2.5 PRODUCT UPGRADE means a change or new release of the Software or Software Documentation designed to enhance the features of the licensed Software version or otherwise improve the functionality of the licensed Software version. 2.6 RUN-TIME VERSION means a program that is used to execute the Software and other utilities that are a part of the Software, but which does not allow a User to change the Software or to create new and different Software features. 2.7 SOFTWARE means all of the computer software program versions listed in Exhibit A and B and are considered a part of the Contractor's "deliverables" and shall include all updates, enhancements, modifications, or upgrades provided under the terms of this Agreement or a related support agreement. Notwithstanding the foregoing, Software does not include any third party software, unless set forth on Exhibits A and B. 2.8 SOFTWARE PROBLEM(S) means defective Software distribution media and/or a failure of the Software to function substantially in accordance with the Software Documentation. 2.9 SOURCE CODE means a compilable copy of the Software which allows the Software installer to compile the Software into a Run-Time Version using the appropriate Development System; some portions of the Source Code may already be compiled by Contractor and provided in an executable, Run-Time or object code version. 2.10 USER means the unique combination of one log-in on one software display device. (Does not apply if a license is required for each CPU) 3.11 PUBLIC ACCESS MODULE means a unique subset of Software provided for the purpose of providing third parties read-only access to County data. 2.12 EXECUTION DATE means the date, after installation of the Software, upon which County (in writing), accepts the Software. 2.13 MATERIAL BREACH means the failure to comply with the terms of this agreement. 2.14 SEVERE SYSTEM MALFUNCTION means the failure of the Software to perform as represented by Contractor in Exhibit B. 2.15 ACCEPTANCE means County's willing receipt of the products, services and Software offered by Contractor, and County's agreement to pay for said products, services and Software. County shall always evidence Acceptance by a written statement, and not by payment alone. 3. TERM 3.1 Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibits A and B Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 3.2 Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 3.3. 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. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 4. COMPENSATION Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $98,100.00, which is the bid set forth in Exhibit B. Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Weld County Chief Information Officer, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 5. PROPERTY RIGHTS AND CONFIDENTIALITY 5.1 Ownership. All title and rights of ownership in the Software remain with Contractor and/or its suppliers and are protected by copyright, patent, and/or trade secret laws. County agrees to take all reasonable steps to protect Contractor's and its suppliers' proprietary rights in the Software and Software Documentation including, but not limited to, the proper display of copyright, trademark, trade secret, and other proprietary notices on any copies of the Software. County must reproduce and include any copyright, trade secret, trademark, or proprietary data notices, and other legends and logos on the backup copies. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 5.2 Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. nature of this confidential information and of the restrictions imposed by this agreement. 6. LIMITED WARRANTY Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contract Professional is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contract Professional must correct any failures or deficiencies. 7. INDEMNIFICATION 7.1 Contractor's Indemnification. Contractor shall indemnify, defend and hold harmless County against any action to the extent such action is based on a claim that County's use of the Software or any part thereof, under this Agreement, infringes a valid, enforceable United States patent or copyright, or misappropriated a trade secret, and Contractor shall pay all damages and costs, (including reasonable attorneys' fees), awarded or agreed to in a settlement by Contractor in respect of such action; provided that Contractor is given notice of such claim within thirty (30) calendar days of the date County knows of such a claim. Contractor shall control the defense in any such action and, at its discretion, may enter into a stipulation of discontinuance and settlement thereof. County shall cooperate with Contractor in any such defense and shall make available to Contractor all those persons, documents and things required by Contractor in the defense of any such action. Reasonable out-of-pocket expenses incurred by County will be reimbursed by Contractor. County, may, at its expense, assist in such defense. 7.2 Limitations of Indemnification. The foregoing indemnity shall not apply in respect to any infringement misappropriation if such infringement or misappropriation resulted from County's or any of its Users' use of the Software: (a) in an operating environment other than that described in the Software Documentation or under this Agreement; (b) in conjunction with an enhancement not created or owned by Contractor; or(c) in conjunction with other software not created or owned by Contractor. 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 performance of this Agreement without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right (but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. GENERAL 9.1 Waiver, Amendment or Modification. Any waiver, amendment, or modification of any of the provisions of this Agreement or of any right, power or remedy hereunder shall not be effective unless made in writing and signed by the parties. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof in the future. 9.2 Choice of Forum. The parties agree that Weld County, Colorado shall be the proper forum for any action, including mediation and arbitration brought under this Agreement. 9.3 Attorney Fees. In the event an action, is brought to enforce any provision of this Agreement, neither party shall be entitled to recover legal costs, or attorney fees, in addition to any other amounts recovered. 9.4 Limitation on Actions. No actions, regardless of form, arising from the transactions under this Agreement, may be brought by an aggrieved party hereto more than two (2) years after the facts creating the cause of action are known to said party. 9.5 Severability. If any term, provision, or part of this Agreement is to any extent held invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall not be impaired or affected thereby, and each remaining term, provision, or part shall remain in full force and effect. 9.6 Survival. The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the termination of this Agreement, shall so survive. 9.7 Notice. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a)personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: TruePoint Solutions, LLC Attn.: Kent Johnson Address: 774 Mays Blvd, 10-377 Address: Incline Village, NV 89451 E-mail: kiohnson@truepointsolutions.com Facsimile: 916-256-1975 With copy to: Name: Position: Address: Address: E-mail: Facsimile: County: Name: Mary Truslow Position:Director of Applications & Database Services Address: 1401 N. 17th Street Address:Greeley, CO 80631 E-mail:mtruslow@co.weld.co.us Facsimile: 9.8 Force Majeure. Neither party shall be in default nor liable for any failure in performance or loss or damage under this Agreement due to any cause beyond its control. 9.9 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. 9.10 Taxes. County, as a governmental entity, is exempt from sales, use and other taxes or similar governmental charges or duties which might be incurred in connection with the exercise of the license(s) and rights granted herein to County, and therefore shall not be responsible for the payment of any taxes. Contractor shall be responsible for the payment of any sales, use or other taxes incurred when it purchases products, materials or services in the fulfillment of its obligations under this contract. Contractor is also responsible for the payment of all taxes or charges based on the income of the Contractor. 9.11 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 Exhibits A and B, 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. 9.12 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 9.13 No Third Party Beneficiary Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 9.14 Fund Availability. Financial obligations of the (Board of County Commissioners of Weld County) payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budged and otherwise made available. By execution of this Agreement, County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year. 9.15 Employee Financial Interest/Conflict of Interest. C.R.S. H24-18-201 et seq. and §24-50-507. "1'he signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. Contractor's has no interest and shall not acquire any interest direct or indirect, which would in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor's shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor's to ensure compliance with this provision may result, in Weld County's sole discretion, in immediate termination of this Agreement. 9.16 Independent Contractor. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of County. Contractor and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and (b) provide proof thereof when requested to do so by County. 9.17 Public Contracts for Services. C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 9.18 Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding 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. 9.19 No Conflict. No employee of Contractor nor any member of Contractor family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 9.20 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have jurisdiction to resolve said dispute8 9.21 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. 9.22 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 9.23 Non-Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 9.24 Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 11. INSURANCE REQUIREMENTS Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations,goods or services provided pursuant to this request.Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating"Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof,the issuing company shall send written notice to the Weld County Director of General Services by certified mail,return receipt requested. Such written notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten(10)days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain,and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) $ 100,000 Coverage B (Employers Liability) $ 100,000 Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident,and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non- owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator,covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities upon request by the County. IN WITNESS WHEREOF,the parties have duly executed this Agreement as of the date first stated above. NAM OF C TRAFTOR -Kent Johnson By: AME • ERSON SIGNING CEO POSITION OF PERSON SIGNING ATTEST:dai �;�� ti:. f' /��` BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO dal By &AA-;i aT1J •. !14-j• ��. �.,�'� ,i puty Cl.. to the Board �" Do 'gas Radem cher,Chair SEP 0 3 2014 By: _ e r ation Officer .MY-20'1 TruePoint Solutions Weld County, Colorado Statement of Work and Estimate of Costs For Weld County Department of Information Technology RFP # B1400109 / WELD-2013-9 for Accela Configuration Services Prepared by: TruePoint Solutions, LLC 3262 Penryn Road, Suite 100-B Loomis, CA 95650 (916) 577-1470 www.TruePointSolutions.com Date: 08/11/2014 --h TruePoint Solutions Table of Contents 1 Introduction 2 2 Proposed Scope of Work 2 3 Cost Proposal 6 4 Additional Terms and Conditions 7 5 Signature/Acceptance Error! Bookmark not defined. Weld County - Statement of Work 1 TruePoint Solutions TruePoint Solutions 1 Introduction This Statement of Work document has been prepared in support of TruePoint Solutions' response to Weld County Department of Information Technology RFP # B1400109/WELD- 2013-9 for Accela Configuration Services. This document details the tasks to be performed under this project and provides associated cost estimates for each task. 2 Proposed Scope of Work Following are the consulting services requested by the County, along with descriptions of the tasks required to implement TruePoint's proposed solutions: Eleven new Crystal Reports for Environmental Health Services — Eleven new Crystal reports have been identified as being needed by Environmental Health Services. Samples of the reports have been provided. Part of this project will be to publish the reports to the Crystal server and into Accela Report Manager. Reconfigure the Health Module for Renewal Functionality — EHS has provided information regarding the process that they now utilize for license renewals for two groups. They have set up the individuals as contacts, and the renewal as an app type. This process is labor intensive and this portion of the project would be to improve the automation of license renewals. Streamlining Planning Workflow; Bring Form Letters Staff Reports into Accela —This portion of the project will involve recreating 39 Word documents as Crystal Reports to run from Accela Report Manager (the reports are essentially clones of one report). Part of this project is also to create objects within Accela to support the reports such as Accela Conditions, Standard Conditions, Standard Comments, and altering approximately 10 existing workflows. The County has provided the Word version of some of these reports. Accela Citizen Access —Weld County currently has lookup capability for most permits in production. Online permitting is in place for Building "over the counter" permits. Weld County needs additional permit types to be enabled for online permitting. Approximately 135 record types will need to be configured in Accela Citizen Access. Functionality required includes: online submittal of complaints or applications, payment of fees, and scheduling of inspections. Weld County has a payment adapter in place and a current contract with a payment vendor. Part of this configuration will be to troubleshoot any issues that arise with the payment process or payment vendor. Approximately 18 workflows will need to be modified as part of this project. Training will need to be provided for approximately 11 individuals. Create Script to Copy Documents from Complaint to Violation Case—Weld County currently has a script to create a violation case from a complaint case. Some objects are already copied via script from the complaint to the violation, and this work would be to copy over the documents. Weld County-Statement of Work 2 TruePoint Solutions TruePoint Solutions Solution Implementation Tasks 2.1 EHS20130006 BioSolids Reports TruePoint will utilize the report requirements documentation provided by the County to develop the 11 identified reports. Where possible, TruePoint will work with the county in an attempt to aggregate and consolidate reports based on Environmental Health Services' requirements and report development tool (Crystal Report) functionality. Report specifications will be created as needed to ensure EHS requirements are adequately communicated to the report developer. This helps streamline the process, ensuring quality reports and minimizing development cycles. For each of the 11 reports, TruePoint will: • Develop a Report Specification (building upon the information provided by the County) • Develop the report based upon the agreed upon specification • Deploy the report to the County's Test environment for testing (this includes publishing the report to the County's Crystal sever and configuring the report in Accela Report Manager) • Finalize the report based on testing feedback • Deploy the report to the County's Production environment ((this includes publishing the report to the County's Crystal sever and configuring the report in Accela Report Manager) TruePoint assumes all required field configurations and data identified in the provided supporting documents exist for each report and no additional Accela configuration is needed. 2.2 EHS2013E00018 Reconfigure the Health module for Renewal Functionality TruePoint will work with the County to reconfigure the County's Health module to incorporate Accela record renewal functionality. TruePoint has implemented this functionality for several clients. The process and requirements outlined in the supporting documentation provided by the County are very similar to those of other clients. A brief initial business analysis and discussion session will be conducted to confirm this approach. Based on details determined during the initial business analysis, TruePoint will work with the County to: • Identify record types (licenses) to be renewed • Modify existing record workflows to support renewal processes • Configure "renewal" record types for those record types identified as requiring renewal functionality • Develop batch scripting and renewal scripting • Provide training to end users on renewal processes and record processing • Work with EHS users to test and revise renewal configuration if/as needed • Finalize and move configuration changes to the County's Production environment This task assumes some on site work will be required (for analysis, training, support for testing). Estimate includes $600 in expenses (for on-site work) Weld County - Statement of Work 3 TruePoint Solutions TruePoint Solutions 2.3 ALL20130004 Streamlining Planning Workflow; Bring Form Letters staff reports into Accela TruePoint's understanding is that the County wishes to utilize Accela Conditions/Standard Conditions/Standard Comments functionality as part of a solution to support streamlining of Planning workflows and bringing the process of generating letters and staff reports into Accela vs. using Word documents and manual processes. TruePoint's proposed solution includes the following: • Consulting with users to determine breakdown of groups/types for comments and conditions • Configuration of standard comments, standard conditions (users to provide condition names, condition and comment text). Note: configuration will need to be performed in Test and Production environments o Development of report(s) that will serve as review comment letters (replacing letters currently created/compiled by Planning staff) o Review report requirements with representatives from Planning o Develop report specifications o Review report specifications with Planning, get approval of specifications o Develop reports based on approved specifications o Deploy and test in Test environment o Revise if/as needed o Support final testing o Deploy to Production environment Assumptions: • Given that the 39 Word documents are essentially clones of one report, TruePoint will not assume that 39 separate Crystal Reports will be needed. Instead, TruePoint will work with the County to standardize and consolidate (as much as possible) review comment letters and staff reports into a smaller number of separate, but similarly styled and formatted reports. There will likely be effort required by Planning staff and other reviewers to accomplish this. Hours are included in the estimate to help support this activity. • Assumes Weld County staff will provide text for use in configuring standard conditions and standard comments (condition /comment naming, standard condition and standard comment wording / phrasing) in a digital format (Word, Excel, etc.). Estimate includes $600 in expenses (for on-site work). 2.4 PLBI-2012-5B Accela Citizen Access TruePoint will to work with County staff to identify and enable online permitting for the necessary record types. This will build upon the County's existing ACA functionality and will include: • Online submittal of complaints or applications • Processing fee payments via the County's existing payment adapter • Inspection scheduling • Troubleshooting any issues that may arise with the payment process as part of the process of enabling the new record types in ACA • Modifying approximately 18 workflows • Training for the approximately 11 individuals as identified by the County Weld County- Statement of Work 4 TruePoint Solutions TruePoint Solutions It is expected that in addition to simply enabling record types for ACA, some (limited) configuration and/or back-office process changes may be required beyond the approximately 18 workflows the County has identified as needing modification. Configuration and process changes may be required to properly implement ACA or may simply enhance the back-office configuration to better take advantage of ACA functionality. Examples of such changes may include changes to the manner in which fees are assessed, changes to ASI, and new or revised quick queries. TruePoint will work with County staff to identify and implement changes if/as needed. It is assumed that similar ACA page flows and similar notification emails, etc. can be utilized across all record types. Estimate includes $200 in expenses (for on-site work) 2.5 BLDC20130005 Create script to copy documents from complaint to violation case TruePoint understands that the County wishes add functionality to copy documents from the complaint cases to violation cases. The functionality requested isn't currently available in Accela without undertaking potentially significant custom script development. Depending on the detailed business need for this functionality, there may be other options (procedural and/or configuration-related) to address this need. For example, new functionality is available in Accela to allow users to view documents associated to a child record from its parent record. TruePoint proposes to work with Weld County to review this need, discuss possible alternatives and workarounds and weigh these alternatives against the costs and benefits of a custom development effort. TruePoint has included up to 16 hours of effort to review and discuss requirements, determine options/alternatives, and assist the County in implementing a solution that uses existing functionality. If it is determined that existing functionality will not serve the County's purposes, TruePoint will work with the County to develop detailed requirements/specifications for customized functionality. Estimate includes $100 in expenses (for on-site work) Weld County - Statement of Work 5 TruePoint Solutions TruePoint Solutions 3 Cost Proposal Implementation Services Hours Rate Amount Comment EHS20130006 Bio Solids Reports 180 $150 $27,000 EHS2013E00018 Reconfigure the Estimated $600 in expenses for on- Health module for Renewal site work. I Functionality 160 $150 $24,000 • ALL20130004 Streamlining Planning Estimated $600 in expenses for on- Workflow; Bring Form Letters staff I site work. reports into Accela 188 $150 $28,200 Estimated $200 in expenses for on- PLBI-2012-5B Accela Citizen Access 100 $150 $15,000 site work. BLDC20130005 Create script to copy documents from complaint to violation case 16 $150 $2,400 Estimated$100 for on—site work Services Estimate Total 644 $96,600 Expenses Estimate Total $1,500 Project Budget Estimate $98,100 Payment Terms Invoices for services and expenses will be prepared monthly. Payment for invoices is due 30 days after receipt. Weld County- Statement of Work 6 TruePoint Solutions TruePoint Solutions 4 Additional Terms and Conditions 1. 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. 2. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until TruePoint's completion of the responsibilities described in the Request for Proposal and the Response from TruePoint. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 3. The terms of this Agreement are contained in the terms recited in this document, the Request for Proposal, and TruePoint's Response, each of which forms an integral part of this Agreement and are specifically incorporated herein by this reference. County and TruePoint acknowledge and agree that this Agreement, including specifically the Request for Proposal and TruePoint's response define the general performance obligations of TruePoint and TruePoint's willingness and ability to meet those requirements. Modifications will be negotiated between TruePoint and County. Weld County- Statement of Work 7 TruePoint Solutions r ' -� I II CO6, Net Weld County Request for Proposal: # B1400109 WELD-2013-9 Accela Configuration Enhancements Responses Due: 6/27/2014, 10:30 a.m. MDT Weld County Department of Information Technology ATTN: Mary Truslow RFP # B1400109 / WELD-2013-9 1401 N. 17th Avenue Greeley, CO 80631 Template Weld REP 050714 Weld County Request for Proposal-REP#B1400109 WELD-2013-9 Accela Configuration Enhancements Table of Contents 1 STATEMENT OF WORK 3 1.1 PURPOSE 3 1.2 COVERAGE&PARTICIPATION 3 2 GENERAL INFORMATION 3 2.1 ORIGINAL RFP DOCUMENT 3 2.2 THE ORGANIZATION 3 2.3 EXISTING TECHNOLOGY ENVIRONMENT 3 2.4 SCHEDULE OF EVENTS 4 3 PROPOSAL PREPARATION INSTRUCTIONS 4 3.1 VENDOR'S UNDERSTANDING OF THE RFP 4 3.2 GOOD FAITH STATEMENT 4 3.3 COMMUNICATION 5 3A PROPOSAI.SUBMISSION 6 3.5 WITHDRAWALS OF PROPOSALS 7 3.6 CRITERIA FOR SELECTION 7 3.7 SELECTION AND NOTIFICATION 8 4 SCOPE OF WORK,SPECIFICATIONS& REQUIREMENTS 8 4.1 FUNCTIONAL REQUIREMENTS 8 4.2 ENGAGEMENT METEIODOLOGY 8 5 VENDOR QUALIFICATIONS,REFERENCES&RESPONSE 8 6 BUDGET& ESTIMATED PRICING 10 6.1 ESTIMATED COSTS 10 7 ADDITIONAL TERMS&CONDITIONS 12 7.1 PERSONAL INFORMATION 12 7.2 NON-DISCLOSURE AGREEMENT 12 7.3 COSTS 12 7.4 INTELLECTUAI.PROPERTY 12 7.5 VENDOR'S RESPONSES 13 7.6 GOVERNING LAW 13 7.7 INSURANCE REQUIREMENTS 15 7.8 No LIABILITY 17 7.9 EN IIRE RFP 17 8 VENDOR CERTIFICATION 18 APPENDIX A: NOTICE OF INTENTION 19 APPENDIX B: VENDOR RESPONSE FORM 20 5/30/2014 7:43 AM Page 2 Weld County Request for Proposal-RFP #B1400109 WELD-2013-9 Accela Configuration Enhancements 1 Statement of Work 1.1 Purpose The Board of County Commissioners of Weld County, Colorado, by and through its Chief Information Officer(collectively referred to herein as"Weld County"), wishes to purchase consultant services. The purpose of this Request for Proposal (RFP) is to invite prospective vendors to submit a proposal to supply consultant services to Weld County. The RFP provides vendors with the relevant operational, performance, application, and architectural requirements of the system. 1.2 Coverage & Participation The intended coverage of this RFP, and any agreement resulting from this solicitation, shall be for the use of all applicable departments at Weld County along with any satellite offices. Weld County reserves the right not to enter into any contract, to add and/or delete elements, or to change any element of the coverage and participation at any time without prior notification and without any liability or obligation of any kind or amount. 2 General Information 2.1 Original RFP Document Weld County shall retain the RFP, and all related terms and conditions, Appendices and other attachments, in original form in an archival copy. Any modification of these, in the vendor's submission, is grounds for immediate disqualification. 2.2 The Organization County of Weld Weld County, Colorado covers a total area of 4,000 square miles in north central Colorado. It is bordered on the north by Wyoming and Nebraska and on the south by the Denver Metropolitan area. Weld County is the third largest county in Colorado and is Colorado's leading producer of cattle, grain and sugar beets. Weld is the richest agricultural county in the United States east of the Rocky Mountains, and the fourth richest overall nationally. Weld County is also an important area of oil and natural gas production in Colorado. Weld County was incorporated in 1861 and is governed by a Home-Rule Charter, which went into effect on January 1, 1976. There are approximately 269,000 residents in Weld County. Weld County Government employs approximately 1500 people within 24 departments. The County Seat and main campus is in Greeley with satellite campuses in Fort Lupton and Del Camino. Additional information about Weld County can be found at"www.co.weld.co.us". 2.3 Existing Technology Environment The following is a high-level description of our current technology environment; more details are listed in Section 4.2 of this RFP. Current Environment-Weld County: • — 1,500 Users • Primarily Virtual Servers 5/30/2014 7:43 AM Page 3 Weld County Request for Proposal-RFP #B1400109 WELD-2013-9 Accela Configuration Enhancements • Cisco network infrastructure and Fiber backbone connecting County buildings; fiber with some point-to-point wireless links connecting our County campuses (Greeley, Fort Lupton, Del Camino) • Multiple image capturing systems • Microsoft Exchange Email and Calendar system • Block and file storage availability in SAN and NAS capacity • Limited cloud-based services 2.4 Schedule of Events The following is the anticipated schedule that will apply to this RFP, which may change in accordance with the organization's needs or unforeseen circumstances. Changes will be communicated by e-mail to those vendors participating in this RFP. Issuance of RFP 5/30/2014 "Notice of Intention" Due 6/6/2014 Technical Questions/Inquiries Deadline 6/13/2014, 10:30 a.m. MDT RFP Addendum (all RFP questions answered) 6/20/2014 Submission Deadline for RFP Responses 6/27/2014, 10:30 a.m. MDT Complete Evaluation 7/11/2014 Review with County Commissioners 7/16/2014 Final Award Notification 7/17/2014 Contract Negotiations Complete 7/31/2014 Implementation Start Date 8/11/2014 Implementation Completion Date 11/14/2014 3 Proposal Preparation Instructions 3.1 Vendor's Understanding of the RFP In responding to this RFP, the vendor accepts full responsibility to understand the RFP in its entirety, and in detail, including making any inquiries to Weld County as necessary to gain such understanding. Weld County reserves the right to disqualify any vendor who demonstrates less than such understanding. Further, Weld County reserves the right to determine, at its sole discretion, whether the vendor has demonstrated such understanding. That right extends to cancellation of award, if award has been made. Such disqualification and/or cancellation shall be at no fault, cost, or liability whatsoever to Weld County. 3.2 Good Faith Statement All information provided by Weld County in this RFP is offered in good faith. Individual items are subject to change at any time. Weld County makes no certification that any item is without error. Weld County is not responsible or liable for any use of the information or for any claims asserted there from. 5/30/2014 7:43 AM Page 4 Weld County Request for Proposal-RFP #B1400109 WELD-2013-9 Accela Configuration Enhancements 3.3 Communication Verbal communication shall not be effective unless formally confirmed in writing by the specified Weld County IT employee in charge of managing this RFP process. In no case shall verbal communication govern over written communication. 3.3.1 Vendors' Inquiries. Applicable terms and conditions herein shall govern communications and inquiries between Weld County and vendors as they relate to this RFP. Inquiries, questions, and requests for clarification related to this RFP are to be directed in writing to (email is preferred): Weld County Dept. of Information Technology ATTN: Mary Truslow 1401 North 17th Avenue Greeley, CO 80631 Telephone: 970-304-6570 x 2518 Fax: (970) 304-6572 E-mail: mtruslow@co.weld.co.us 3.3.2 Informal Communications shall include, but are not limited to: requests from/to vendors or vendors' representatives in any kind of capacity, to/from any Weld County employee or representative of any kind or capacity with the exception of Mary Truslow for information, comments, speculation, etc. Inquiries for clarifications and information that will not require an addendum may be submitted verbally to the named above at any time. 3.3.3 Formal Communications shall include, but are not limited to: • Questions concerning this RFP must be submitted in writing and be received prior to the Technical Questions/Inquiries Deadline listed in Section 2.4. Email is the preferred method of communication. • Errors and omissions in this RFP and enhancements. Vendors shall recommend to Weld County any discrepancies, errors, or omissions that may exist within this RFP. With respect to this RFP, vendors shall recommend to Weld County any enhancements, which might be in Weld County's best interest. These must be submitted in writing and be received prior to the Technical Questions/Inquiries Deadline listed in Section 2.4 • Inquiries about technical interpretations must be submitted in writing and be received prior to the Technical Questions/Inquiries Deadline listed in Section 2.4. Inquiries for clarifications/information that will not require addendum may be submitted verbally to the contact named above at any time during this process. • Verbal and/or written presentations and pre-award negotiations under this RFP. • Addenda to this RFP. 3.3.4 Addenda: Weld County will make a good-faith effort to provide a written response to each question. All questions and answers will be shared with all recipients in addenda. All addenda will be posted to the Rocky Mountain E- Purchasing System (BidNet): http://www.rockymountainbidsystem.com. 5/30/2014 7:43 AM Page 5 Weld County Request for Proposal-REP #B1400109 WELD-2013-9 Accela Configuration Enhancements Weld County will not respond to any questions or requests for clarification if received by Weld County after the Technical Questions/Inquiries Deadline listed in Section 2.4. Please note the vendor is ultimately responsible for verifying they have received any/all addenda prior to submitting their proposal. 3.4 Proposal Submission Vendors are to submit three (3)original, individually bound copies of proposal marked "Original" along with an electronic copy (CD or USB drive is acceptable) in a sealed envelope and marked clearly on the outside to: Weld County Dept. of Information Technology ATTN: Mary Truslow RFP# B1400109/WELD-2013-9 1401 N. 17th Avenue Greeley, CO 80631 on or prior to 6/27/2014, 10:30 a.m. MDT. The electronic copy shall be an EXACT reproduction of the original documents provided. All sections shall be combined into a single electronic document. For proper comparison and evaluation, the County requests that proposals be formatted as directed in Section 5. Submittals received that fail to follow this format may be ruled non-responsive. No faxed or e-mailed proposals will be accepted. The Board of County Commissioners and the Evaluation Committee reserve the right to reject any or all proposals. Any objections to the specifications/requirements as set forth should be filed in writing prior to the proposal deadline. Proposal responses will be retained as property of Weld County. All or a portion of the contents of the proposal of the successful vendor will become part of any subsequent contractual obligation. Proposals should contain a manual signature of an authorized representative of the responding vendor(s). Vendors responding to this RFP must be available for presentations and/or interviews. The top ranked vendors will be notified of the time of their designated presentation to the Evaluation Committee. The project manager and key individuals working on the project should be the presenters. This request is NOT a Bid; therefore, any alternate solutions that meets or EXCEED the outlined minimum requirements should be submitted for consideration. Weld County is interested in any and all details of other innovative and original ideas above and beyond those discussed in this Request for Proposal. 5/30/2014 7:43 AM Page 6 Weld County Request for Proposal-RFP#B1400109 WELD-2013-9 Accela Configuration Enhancements 3.5 Withdrawals of Proposals Proposals may be withdrawn upon written request to and approval of the Weld County Chief Information Officer; said request being received from the withdrawing vendor prior to the time fixed for award. Negligence on the part of a vendor in preparing the proposal confers no right for the withdrawal of the proposal after it has been awarded. Vendors are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the vendor's risk. Vendors shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein, unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. Late or unsigned proposals shall not be accepted or considered. It is the responsibility of the vendor to ensure that their proposal arrives in the Weld County Office of Information Technology on or prior to the Submission Deadline for RFP Responses in Section 2.4. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. 3.6 Criteria for Selection The evaluation of each response to this RFP will be based on its demonstrated competence, compliance, format, and organization. The purpose of this RFP is to identify those vendors that have the interest, capability, and financial strength to supply Weld County with a consulting services identified in the Scope of Work. An Evaluation Committee, comprised of representatives from IT and one or more Weld County departments, will evaluate all qualifying proposals. All requirements in this RFP should be satisfied to ensure that the proposal will qualify for consideration. Weld County desires to receive proposals only from vendors who can demonstrate the specified qualifications described within this RFP. It is the intent of the County to award a contract for the requested consulting services based on an evaluation of all qualified proposals. Evaluation Criteria: The following criteria will be used to evaluate all proposals: CRITERIA POINTS 1. Features and functionality of proposed 50 delivered solution 2. Cost 25 3. Post-implementation Support 15 4. Qualifications and Experience 10 Length of time in business Government Customers Financial Stability References, etc. 5/30/2014 7:43 AM Page 7 Weld County Request for Proposal-RFP #B1400109 WELD-2013-9 Acccla Configuration Enhancements Total Points 100 3.7 Selection and Notification Weld County reserves the right to accept or reject any proposal. Weld County is not required to select the proposal with the lowest pricing, but shall take into consideration which vendor demonstrates the best ability to satisfy the Scope of Work outlined in the RFP, the ability to service the contract, past experience, financial stability, and other relevant criteria. Weld County reserves the right to accept any proposal deemed advantageous to the County. The Evaluation Committee will present their recommendation to the appropriate oversight committee for review and recommendation. The Weld County Board of Commissioners will make the final decision. Written notification will be sent to the winning vendor(s)via email. Those vendors not selected will also be notified via email. 4 Scope of Work, Specifications & Requirements 4.1 Functional Requirements Weld County utilizes Accela Land Management, GIS, Citizen Access and AMO to manage their business processes associated with the Environmental Health Services, Planning, Building, Code, and Public Works departments. Weld County is currently running Accela version 7.1 with an Oracle 11R2 database. There are enhancements that are required across the various departments. These process improvement enhancements include reporting, workflow changes, scripting, etc. For a detailed listing of the Functional and Requirements for this project, see Appendix B: Vendor Response Form. 4.2 Engagement Methodology Work will need to be done both on and off site. Requirements gathering sessions, and training will need to be onsite, while configuration and development work can be done remotely. Status will need to be provided weekly in writing and reviewed in weekly status meetings. 5 Vendor Qualifications, References & Response All vendors must provide the following information, in the following order, for their proposal to be considered. Section I— Executive Summary and Corporate Profile 1. Provide a brief outline of the vendor and services offered, including: • Full legal name of the company. • Year business was established. 5/30/2014 7:43 AM Page 8 Weld County Request for Proposal-REP #B1400109 WELD-2013-9 Acccla Configuration Enhancements • If the vendor company is a Value Added Reseller(VAR), indicate number of years as a VAR. • Number of people currently employed. • Income statement, Cash Flow statement, and balance sheet for each of the two most recently completed fiscal years certified by a public accountant. If publically traded, simply provide a link to SEC filing or corporate financial information. 2. Provide a brief overview of the key elements of vendor's proposal. Highlight any features or areas that differentiate vendor's services and products from competitors. 3. Provide a diagram of the applications network communications, to include servers, web, ports, firewalls, DMZ, etc. 4. Provide an outline of the product line-up and/or services vendor currently supports. 5. Provide a description of vendor's geographic reach and market penetration. 6. Provide an outline of vendor's strategic partnerships and relationships to date. 7. Provide an outline of vendor's current and future strategies in the marketplace. 8. List details of any litigation the vendor or any of its subsidiaries or affiliates has had in the past three (3) years as well as any that are currently in litigation. 9. Provide information on vendor's current clients, including: • Total number of current clients using this solution. • A list of government clients with similar needs using similar products and/or services. • Evidence of successful completion of a project of a similar size and complexity. 10. List at least five (5) references from projects similar in size, application, and scope; include a brief summary and timeframe of their implementation. Vendor must include a contact name, position, email address, mailing address, and current phone number for each reference. Section II—Approach 1. Provide a proposed work plan detailing all of the tasks and associated timelines. A complete outline must be provided by the vendor that demonstrates the following considerations: • Understanding of the project requirements and deliverables • Hardware Server requirements (if applicable) • Technical approach to the project • Organization and managerial competence • Work plan and project controls 2. Provide any other innovative and original ideas above and beyond the scope of work that is requested. 5/30/2014 7:43 AM Page 9 Weld County Request for Proposal-RFP#B1400109 WELD-2013-9 Accela Configuration Enhancements 3. Provide details of any subcontracting arrangements that will come into affect if vendor is awarded the business outlined in this RFP. 4. Provide information that best illustrates vendor's qualifications and capabilities for handling the various components of the consulting services. Provide past experience with similar scope along with past experience with government/municipal entities. 5. Indicate vendor's product release cycle, including details of releases over the past year and also detail on forward looking releases and major improvements/features within each release (for the next year). 6. Describe your post-implementation support and duration of support. 7. Indicate compliance with periodic software upgrades providing general feature enhancements that must be guaranteed to be compatible with whatever system customization the Vendor makes to the original consulting service deliverables. 8. Elaborate on vendor's implementation process and the approximate time frame for a successful transition. Indicate the number of staff involved with implementation. 9. Detail training options/plan for successful implementation of the consulting service deliverables. 10. Indicate if online help is available. Describe or provide a sample of the online help. Section III—Additional Information 1. Complete the following sections: - Section 6: Budget& Estimated Pricing - Section 8: Vendor Certification -Appendix B: Vendor Response Form in its entirety. 2. Attach information (brochures, white papers, and other marketing material) pertaining to the product(s)vendor is proposing as part of this RFP. 3. Attach contract template. 4. Vendors who are selected to be on the short list will be required to fill out the"Weld County Pre-Project Technical Workbook" prior to the final selection process. 6 Budget & Estimated Pricing All vendors must fill out the following cost breakdown for the implementation of their solution for Weld County's project as described in this RFP. Costs should be identified as either capital or non-capital in nature. The vendor must agree to keep these prices valid for six months past the Submission Deadline for RFP Responses in Section 2.4. Note: Weld County is tax exempt and no taxes should be included in your proposal. 6.1 Estimated Costs For all available deployment models, provide a five year cost summary as displayed below. 5/30/2014 7:43 AM Page 10 Weld County Request for Proposal-REP #B1400109 WELD-2013-9 Accela Configuration Enhancements Five Year Total Cost Summary Costs Total Year 1 Year 2 Year 3 Year 4 Year 5 Consulting Services (Fill out information below if your solution requires additional hardware, software. etc.) _ Hardware Software Licensing Third Party Software (Middleware) Installation Integration Legacy Data Loading Maintenance After-hours support costs Documentation & Training Project Management Miscellaneous Applicable Discounts Total: Consulting Services: Describe and detail out any costs for consulting services that may need to be provided based on the work outlined. Hardware: List, describe, and record the cost of each piece of hardware that is required to optimally run the software. Software Licensing: List, describe, and record the licensing, implementation, maintenance, support, and training fees associated with your proposed software. Third-Party Software (Middleware): List, describe, and record the cost of each piece of software (including operating systems) that is required to optimally run the software. Installation: Describe any labor, equipment, supplies, or other costs associated with installing your proposed software. Integration: Describe any labor, equipment, supplies, or other costs associated with integrating the proposed solution into our current architecture and back-end systems. Legacy Data Loading: Describe any labor, equipment, or other costs associated with importing legacy data from current systems into the new system. Maintenance: Describe and cost out any other ongoing costs associated with the operation and maintenance of the proposed solution. After-hours Support Costs: List all fees associated with after-hours support, such as providing support for software upgrades or weekend on-call technical support. Documentation &Training: List all fees associated with user or technical documentation and training. Project Management: List and describe any project management fees associated with the proposed solution. 5/30/2014 7:43 AM Page 11 Weld County Request for Proposal-RIP #B1400109 WELD-2013-9 Accela Configuration Enhancements Miscellaneous: List and describe any other costs associated with the proposed software solution. Applicable Discounts: List amounts or percentages of discounts that may apply to this proposal, based on volume, governmental considerations, etc. 7 Additional Terms & Conditions 7.1 Personal Information 7.1.1 General Depending on the circumstances, Weld County may require information related to the qualifications and experience of persons who are proposed or available to provide services. This may include, but is not limited to, resumes, documentation of accreditation, and/or letters of reference. The vendor should not submit as part of its Response any information related to the qualifications, experience of persons who are proposed or available to provide services unless specifically requested. Unless specifically requested, any such information, whether in the form of resumes or other documentation, will be returned immediately to the vendor. Weld County will treat this information in accordance with the provisions of this section. 7.1.2 Requested Personal Information Any personal information that is requested from each vendor by Weld County shall only be used to consider the qualified individuals to undertake the project/services and to confirm that the work performed is consistent with these qualifications. It is the responsibility of each vendor to obtain the consent of such individuals prior to providing the information to Weld County. Weld County will consider that the appropriate consents have been obtained for the disclosure to and use by Weld County of the requested information for the purposes described. 7.2 Non-Disclosure Agreement Weld County reserves the right to require any vendor to enter into a non-disclosure agreement. 7.3 Costs The RFP does not obligate Weld County to pay for any costs, of any kind whatsoever, which may be incurred by a vendor or any third parties, in connection with the Response to this RFP. All Responses and supporting documentation shall become the property of Weld County, subject to claims of confidentiality in respect of the Response and supporting documentation. 7.4 Intellectual Property The vendor should not use any intellectual property of Weld County including, but not limited to, all logos, registered trademarks, or trade names of Weld County, at any time without the prior written approval of Weld County, as appropriate. 5/30/2014 7:43 AM Page 12 Weld County Request for Proposal-REP #B1400109 WELD-2013-9 Accela Configuration Enhancements 7.5 Vendor's Responses This Request for Proposal, submitted documents/proposals, and any negotiations, when properly accepted by Weld County, shall constitute a contract equally binding between the vendor and County. Any and all verbal communications and/or commitments made during the negotiation process that are deemed agreeable to both parties shall be submitted in written format and made part of any resulting contract. Not different or additional terms shall become a part of this contract with the exception of an Amendment. Any vendor which submits in its proposal to the County any information which is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration. All accepted Responses shall become the property of Weld County and will not be returned. The vendor agrees that Weld County is a governmental body for purposes of the Colorado Open Records Act, and as such, is required to release information in accordance with the Colorado Open Records Act. Vendor should mark any information that it considers to be confidential, proprietary, and/or trade secret in their Response with the term "CONFIDENTIAL." The County agrees to provide notice to vendor in accordance with the Colorado Open Records Act in the event the County receives a request for information under the Colorado Open Records Act for information that the vendors has marked as confidential. Vendors are warned that financial information submitted without detonating as confidential, proprietary, and/or trade secret may be subject to public disclosure, pursuant to the terms of the Colorado Open Records Act. Statements that the entire proposal is confidential will not be honored. Confidential information, proprietary, and/or trade secrets contained in the proposal so identified shall be treated as confidential by Weld County to the extent allowable in the Colorado Open Records Act. a. A written request for confidentiality shall be submitted, by the bidder, with the proposal response package. b. The written request will be enclosed in an envelope marked "Request for Confidentiality". c. The written request must be accompanied by the information that is requested to be held confidential. Specific reasoning as to why each element is to remain confidential, other than recitation of a specific state or federal statute, is required. d. Confidential/proprietary information must be separated out from the rest of bidder's response. Co-mingling of confidential/proprietary information and other information is not acceptable. e. The IT Contact will make a written determination as to the apparent validity of any request for confidentiality. In the event the IT Department does not concur with the bidder's request for confidentiality, the written determination will be sent to the bidder. Ref. C.R.S. § 24-72-201 et. Seq., as amended, Public(open) Records. 7.6 Governing Law This RFP and the Vendor's Response shall be governed by United States federal laws, Colorado state laws, and the Weld County Home Rule Charter. The successful vendor certifies that it shall comply with the provisions of C.R.S. § 8-17.5-101, et seq. The successful vendor shall not knowingly employ or contract with an illegal alien to perform work under the contract or enter into a contract with a subcontractor that fails to 5/30/2014 7:43 AM Page 13 Weld County Request for Proposal-iFP#B1400109 WELD-2013-9 Accela Configuration Enhancements certify to the successful vendor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. The successful vendor represents, warrants, and agrees that it: (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b)otherwise will comply with the requirements of C.R.S. § 8-17.5-102(2)(b). The successful vendor shall comply with all reasonable requests made in the course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and Employment. If the successful vendor fails to comply with any requirement of this provision or C.R.S. § 8-17.5-101, et seq., Weld County may terminate the contract for breach and the successful vendor shall be liable for actual and consequential damages to Weld County. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if the successful vendor receives federal or state funds under the contract, the successful vendor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If the successful vendor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. §24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. §24-76.5-103 prior to the effective date of the contract. The successful vendor shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act§§24-10-101 et seq., as applicable now or hereafter amended. Independent Contractor The successful vendor shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful vendor nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful vendor and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful vendor and its employees and agents only if such coverage is made available by the successful vendor or a third party. The successful vendor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful vendor shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful vendor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. Compliance with Law: The successful vendor 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. 5/30/2014 7:43 AM Page 14 Weld County Request for Proposal-RFP #B1400109 WELD-2013-9 Acccla Configuration Enhancements Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful vendor, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful vendor. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit responses to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. 7.7 Insurance Requirements General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. Contractor/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: 5/30/2014 7:43 AM Page 15 Weld County Request for Proposal-RFP #B1400109 WELD-2013-9 Accela Configuration Enhancements a. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment. b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; Hi. $2,000,000 products and completed operations aggregate; iv. $50,000 any one fire; and v. $500,000 errors and omissions. c. Automobile Liability: Contractor/Contract Professional shall maintain limits of$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. d. Professional Liability: Contract Professional shall maintain limits of$1,000,000 for each claim, and $2,000,000 aggregate limit for all claims e. Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: If any aggregate limit is reduce by twenty-five percent(25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; Unlimited defense costs in excess of policy limits; Hi. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self- insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. 5/30/2014 7:43 AM Page 16 Weld County Request for Proposal-RFP #B1400109 WELD-2013-9 Accela Configuration Enhancements Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Request for Proposal. Proof of Insurance: County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent contractors, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub-vendors suppliers or other entities upon request by the County. 7.8 No Liability Weld County shall not be liable to any vendor, person, or entity for any losses, expenses, costs, claims, or damages of any kind: • Arising out of, by reason of, or attributable to, the vendor responding to this RFP; or • As a result of the use of any information, error, or omission contained in this RFP document or provided during the RFP process. 7.9 Entire RFP This RFP, any addendum to it, and any attached Appendices, constitute the entire RFP. 5/30/2014 7:43 AM Page 17 Weld County Request for Proposal-RIP #B1400109 WF.I.D-2013-9 Accela Configuration Enhancements 8 Vendor Certification This certification attests to the vendor's awareness and agreement to the content of this RFP and all accompanying calendar schedules and provisions contained herein. The vendor must ensure that the following certificate is duly completed and correctly executed by an authorized officer of your company. This proposal is submitted in response to RFP# B1400109 issued by Weld County. The undersigned is a duly authorized officer, hereby certifies that: (Vendor Name) agrees to be bound by the content of this proposal and agrees to comply with the terms, conditions, and provisions of the referenced RFP and any addendum thereto in the event of an award. Exceptions are to be noted as stated in the RFP. The proposal shall remain in effect for a period of 6 months as of 6/27/2014. The undersigned further certify that their firm (check one): ❑ is ❑ IS NOT currently debarred, suspended, or proposed for debarment by any federal entity. The undersigned agree to notify Weld County of any change in this status, should one occur, until such time as an award has been made under this procurement action. Person[s] authorized to negotiate on behalf of this firm for purposes of this RFP are: Name: Title: Signature: Date: Name: Title: Signature: Date: Signature of Authorized Officer: Name: Title: Signature: Date: 5/30/2014 7:43 AM Page 18 Weld County Request for Proposal-RFP #B1400109 WELD-2013-9 Accela Configuration Enhancements Appendix A: Notice of Intention NOTICE OF INTENTION REQUEST FOR PROPOSAL RFP# B1400109/WELD-2013-9 From: [VENDOR ORGANIZATION NAME] [AUTHORIZED REPRESENTATIVE] [TELEPHONE NO.] [FAX NO.] [E-MAIL] [VENDOR ORGANIZATION NAME] intends to respond to Weld County Request for Proposal# B1400109. TO: Weld County Dept.of Information Technology ATTN: Mary Truslow RFP# B1400109/WELD-2013-9 1401 N. 17th Ave Greeley, CO 80631 FAX Number: 970-304-6572 Email: mtruslow@co.weld.co.us 5/30/2014 7:43 AM Page 19 Weld County Request for Proposal—RFP#B1400109 WELD-2013-9 Accela Configuration Enhancements Appendix B: Vendor Response Form Complete the attached spreadsheet in its entirety. B1400109 Accela Responseidsx 5/30/2014 7:43 AM Page 20 MEMORANDUM TO: Esther Gesick, Clerk to the Board July 24, 2014 ) 1 _ r ' - 1 ra.r FROM: Ryan Rose, Chief Information Officer r .GP_Q N.--t:( SUBJECT: B1400109, Accela Configuration BOCC Approval Date: July 28, 2014 Bids were received and opened on July 8, 2014 for the Accela Configuration RFP. Two (2) bids were received ranging from $98,100.00 to $132,135.00. Attached is the bid tabulation for your information. The Information Technology staff reviewed all of the bids, and the scoring of the RFP responses is attached. Truepoint Solutions out of Loomis, CA scored the highest in our evaluation of the RFP responses and is also the lowest bid. Truepoint has worked with Weld County before and is familiar with our current setup and configuration of Accela. With the above information, I recommend the board award the Accela Configuration RFP to Truepoint Solutions for a total amount of$98,100.00. 7 /a8 O9O/4 0209/ =ToOoa RFP ScoreCard Accela Configuration y mg my Enhancements of J CO CO CO ' 44 2 ' ";* m •y c e / 0,e e l i Total Coe of Proposed Solution 598,100 $132,135 Annual Maintenance Co* $0 $0 RFP Evaluation Scores Qualifications: 10 6 5 Financial Viability 3 3 References 3 2 Industry Experience&Strategy 3 3 Support 15 9 6 Technical Support hourslstaff 3 2 Work Plan(submitted with RFP) 3 2 System Capabilities 50 45 24 Cost 25 15 10 Initial Cost 3 2 Maintenance Cost 0 0 WELD COUNTY Dept. of Information Technology /✓ er 1401 North 17th Avenue, Greeley CO 80631 E-mail: cgessner(o�co.weld.co.us Phone: (970) 304-6570, Ext. 2532 L� I' Fax: (970) 304-6572 COUNTY DATE OF BID: July 8, 2014 REQUEST FOR: Accela Configuration Consulting Services DEPARTMENT: INFORMATION TECHNOLOGY on behalf of Planning/Building and Environmental Health BID NO: #B1400109 PRESENT DATE: July 14, 2014 APPROVAL DATE: July 28, 2014 Vendor Name Number of Hours Total Bid Amount Address Truepoint Solutions 644 hours $98,100.00 3262 Penryn Rd Ste. 100-B Loomis, CA 95650 Woolpert Fixed Bid $132,135.00 116 Inverness Dr. E Ste.105 Englewood, CO 80112 ** Bids are being reviewed at this time by dept.** 2014-2091 Hello