HomeMy WebLinkAboutMINUTES - 05062008 - C.78 TO: BOARD OF SUPERVISORS `"=- Contra
FROM: William J. Pollacek, Treasurer-Tax Collector ;;,,, -.. ;: s Costa
DATE: April 24, 2008 sTA COUP County
SUBJECT: Authorization to Execute Software License and Support Agreement with
Columbia Ultimate, Inc. for Collection of Delinquent Taxes
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION: APPROVE the license software and service agreement between Treasurer-
Tax Collector's and Columbia Ultimate, Inc., for the collection of delinquent taxes, and AUTHORIZE
Russell Watts, Chief Deputy, to sign the agreement'
FISCAL IMPACT:
The Initial cost is $58,790.00 one month following acceptance of fully installed and tested system.
This cost includes the software, labor and initial annual maintenance fee. Afterward, the recurring
cost is an annual maintenance fee of$6,790.00.
The use of the collection system will result in higher delinquent tax collections, which will quickly
offset all a"bi vementioned costs and lead toward more disposable revenue for the county.
BACKGROUND / REASONS FOR RECOMMENDATION:
Currently, the Treasurer-Tax Collector's Office runs a manually-driven and labor-intensive collection
program. The process is both inefficient and ineffective at meeting the today's demands for higher
output. By automating collection tasks and workflow processes, the new collection system will
leverage valuable time and resources, providing faster revenue recovery. The system will organize,
prioritize, and maximize staff efforts, dramatically increasing Office's productivity and collection.
CONSEQUENCES OF NEGATIVE ACTION:
If this Order is not approved, the Treasurer-Tax Collector's Office will continue to collect less tax
revenue than is needed to fund more effective government services.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
—'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA 10 F BOARD COMMITTEE
/ APPROVE OTHER
r
SIGNATURE(S):
ACTION OF BOA D N (Q OLW APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
!J COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
UNANIMOUS(ABSENT )
AYES: NOES: _
ABSENT: ABSTAIN:
Contact:Joslyn Mitchell (957-2810)
ATTESTED
Originating Department: Treasurer-Tax Collector's Office JOHN CULLEN, LERK OF THE BOARD OFSUPERVISORS
cc: Auditor-Controller AND COUNTY ADMINISTRATOR
County Counsel(Gelston)
BY: - DEPU
- �10
SOFTWARE LICENSE & SUPPORT AGREEMENT
BETWEEN
CONTRA COSTA COUNTY
AND
COLUMBIA ULTIMATE, INC.
April_, 2008
"COUNTY" "CONTRACTOR"
CONTRA COSTA COUNTY COLUMBIA ULTIMATE,INC.,a Washington
Corporation
By: _ By:
Chairpekson, Board of.Supervisors/Designee Name: Michael R.England,
Title: Chief Financial Officer
Date: o By:
Name:
Corporate Secretary
Attest: Clerk,Board of Supervisors
D 1
Note to Contractor: For corporations (profit or non-profit), the Agreement must be signed by two officers. Signature
A must be that of the President or Vice-President and Signature B must be that of the Secretary or Assistant Secretary
(Civil Code Sec. 1190.1 and Corporation Code Sec. 313). All signatures must be acknowledged as set forth on the
following page.
Page 2
APPROVALS
RECOMMENDED BY DEPARTMENT FORM APPROVED
COUNTY COUNSEL
BY: BY:
APPROVED: COUNTY ADMINISTRATOR
BY:
Designee
Page 4
1.18. "Maintenance Plan" shall mean.the providing of technical information, assistance, error correction,
repair services,and repair parts in the manner specified in Section 12.2.
1.19. "Maintenance Period"shall have the meaning set forth in Section 12.2.6.1.
1.20. "New Business Interface" means the process of populating the Software database with an electronic file
containing delinquent property tax accounts.
1.21. "Payment Interface" means the process of populating the Software database with an electronic file
containing property tax payments made toward delinquent property tax accounts.
1.22. "Priority 1 Error"means the Software is unusable,produces incorrect results, or fails catastrophically in
response to input files. The Software does not perform most of its documented functions.
1.23. ".Priority 2 Error" means the Software.is usable and performs most, but not all of its documented
functions.
1.24. "Project"means the tasks described in Exhibit A.
1.25. "Receiving Party"shall have the meaning set forth in Section 7.3.
1.26. "Release"means an update of the Software, subsequent to the initial delivery of the Software, in which
Contractor provides multiple new features and functionality to the.Software. A Release will have
updated Documentation, a new Release number, and by its nature will include any accumulated
corrections that make the. Software conform to the Documentation, or any improvements in the
performance of the Software.
1.27. "Section"shall mean a section of this Agreement.
1.28. "Server" means a single database or file server, which may be accessed by a network of personal
computers.
1.29. "Services" shall mean all labor to be provided by Contractor or its subcontractors pursuant to this
Agreement.
1.30. "Site"means a specific,physical location of County's Server.
1.31. "Software" means all or any portion of the United States version of the binary computer software
programs provided by Contractor pursuant to this Agreement, including the Revenue Results collection
management software.
1.32. "Territory"means the United States and Canada.
1.33. "Tools" means the underlying architecture from which the Software is designed, and includes software
application programming tools and code.
1.34. "Upgrades".means an update to the Software,subsequent to the initial delivery of the Software,in which
Contractor has incorporated any accumulated corrections, including any identified Errors, which make
the Software conform to the then current Documentation, any improvements in the performance of the
Software,any minor new feature or functionality which were not formerly functions.of the Software.
1.35. "Warranty Period"has the meaning set forth in Section 12.1.5.
1.36. "Workaround" means a recommended change in the standard procedures for use of the Software to
avoid an Error without significantly impairing performance of the Software.
1.37. "Year 2000 Compliant"shall mean dates outside the range of 1900-1998,including the years 1999,2000
and thereafter, encountered and/or processed by the Software will be correctly recognized, calculated,
Page 6
4.4. Contractor acknowledges that it will be responsible for the performance or non-performance by its
subcontractors of the tasks. set forth in this Agreement. Contractor shall contractually require all
subcontractors performing work on the Project to abide by the following provisions of this Agreement:
Sections 4.5,4.6,4.7,4.8,5.3,5.4,7.0, 11.0, 17.0, 18.0 and 21.1 through 21.9.
4.5. Immediately upon receipt of written notice from County that any Contractor employee, or employee of a
subcontractor to Contractor, is not performing work on the Project in a satisfactory manner, Contractor
may remove such employee and, within a reasonable period of time, may replace such employee with a
qualified employee.
4.6. Contractor and its employees, subcontractors, and subcontractors' employees, are not and shall not be
deemed to be, employees of County. Contractor and its subcontractors will be solely responsible for the .
payment of their respective employees' compensation, including employee taxes, workers' compensation,
and any similar taxes associated with their employment.
4.7. This Agreement shall not create any partnership or joint venture between the parties. Nothing contained in
this Agreement shall constitute either party as the agent or legal representative of the other for any purpose.
No provision of this Agreement grants either party any express or implied right of authority to assume or
create any obligation or responsibility on behalf of or in the name of the other party, or to bind the other
party in any manner or thing whatsoever.
4.8. Neither party will, directly or indirectly, solicit or offer employment to any employee of the other party
during the work on the Project by said employee and for one year after the First Productive Use of the
Software.
5.0 ASSISTANCE FROM COUNTY;RULES OF ACCESS AND CHANGE MANAGEMENT
5.1. County will be providing the level of assistance on the Project as indicated in Exhibit A.
5.2. While on County's premises in connection with the performance of this Agreement, Contractor personnel
will comply with County's applicable;rules with respect to security, conduct and other matters concerning
access to County's premises. Such rules may require in some cases background checks and escorts for
Contractor and subcontractor personnel. On notice from County, Contractor will immediately remove any
of its personnel assigned to perforni work under this Agreement who do not comply with such rules.
5.3. Unless otherwise requested in writing by County, that portion of the Project work to be done on County
premises by.Contractor and its subcontractors will be performed between the hours of 7:00 a.m. and 6:00
p.m.on Business Days.
5.4. In perlbrining its duties for the Project, Contractor will comply with County's standard requirements with
respect to technical and operational change management. It is understood by Contractor that changing
County's computers, in particular its mainframes,requires advance notice and compliance with established
County procedures.
6.0 CHANGES .
6.1. The parties acknowledge that additions,deletions,and modifications to the Software and Services specified
under this Agreement may be made in the manner set forth in this Section.
6.2.. No change, whether major or minor, shall be binding,.and Contractor shall not proceed with any change,
unless the change is confirmed in writing and formally executed by each party's Authorized
Representative.
7.0 CONFIDENTIAL INFORMATION
7.1. Contractor acknowledges that in the course of performing work on the Project, it and its subcontractors
may be exposed to certain information, including without limitation medical records,employment records,
secret passwords to County computer systems, methods of accessing County computers and data, County
Page 8
not in the public domain; or(b) Documentation identified in writing by Contractor and proved to County's
reasonable satisfaction as being developed solely with Contractor resources.
8.3. With respect to Documentation which is deemed to belong to Contractor in accordance with Section 8.2,
Contractor grants.County a non-exclusive, royalty-free and perpetual license to use and copy any such
Documentation (the "Licensed Documentation") for its own internal use. County shall have the right to
disclose Licensed Documentation to successor vendors, contractors, or computer hardware or software
maintenance organizations, provided such entities (a) have a need 'to know such information for the
purposes of modifying,maintaining,or enhancing County's equipment or software,and(b)agree not to use
such information except with respect to work for County. Licensed,Documentation will not otherwise be
disclosed outside County government without the advance written consent of Contractor, which shall not
be unreasonably withheld or delayed.
8.4. Software License.
8.4.1 Contractor grants County a perpetual, non-exclusive, nontransferable license to use the licensed
number of copies of.the Software in the Territory,solely for internal data processing operations, on
each Server at the Site for seven (7) workstations (the "License"). County may use the Software
temporarily on a machine other than the Server in the event that the Server is inoperable. County
may make one copy of the Software solely for archive or emergency back-up purposes and/or
disaster recovery testing purposes. County may modify or merge the Software with other software,
with the approval of Contractor, with the understanding that any modifications, however extensive,
shall not diminish Contractor's title or interest in the Software.
8.4.2 The term of the License shall begin upon County's First Productive Use of the Software and will
remain in force until terminated in accordance with the terms of this Agreement.
8.4.3 Contractor shall provide County with the licensed number of copies of the Software and
Documentation. Only one copy of the Software may be mounted on the Server at any point in time
and County will only access the Software up the maximum number of licenses purchased under this
Agreement. County may make a reasonable number of copies of the Documentation solely for
County's internal use with the Software provided all copyright notices are reproduced.
8.5. License Exclusions.
8.5.1 Except as expressly authorized herein,County shall not:
(a) Copy the Software;
(b) Cause or pen-nit reverse compilation or reverse assembly of all or any portion of the
Software;
(c) Distribute, 'disclose, market, rent, lease or transfer to any third party any portion of the
Software or the Documentation, or use the Software or Documentation in any service
bureau arrangement,facility,management,or third party training;
(d) Disclose the results of Software performance benchmarks to any third party without the
prior written consent of Contractor;
(e) Transfer the Software to a different Server platform without the prior written consent of
Contractor(such consent not unreasonably withheld);
(1) Transfer the Software to a different Site without prior written notice to Contractor.
(g) Export the Software in violation U.S. Department of Commerce export administration
regulation.
Page 10
9.0 RISK OF LOSS
Risk of loss or damage for the Software shall pass to County when the Project is accepted by County pursuant to
the provisions of Exhibit E.
10.0 INFRINGEMENT PROTECTION
10.1. All royalties or other charges for any patent;copyright,trademark,trade secret,or other proprietary right
to be used in the Project shall be considered as included in the price for the Project. Contractor shall
defend, indemnify, and hold County harmless against any and all liabilities,judgments, costs, damages,
and expenses including reasonable attorney's fees resulting from a claim or suit against County for
alleged infringement of any patent, copyright, trademark, trade secret,royalty or license agreement, or
other proprietary right arising out of the use. by County of the Software or Documentation for the
purposes intended hereunder. As a condition of such indemnification, County shall promptly inform
Contractor of any such claim or suit,allow Contractor or its supplier's to control the defense against such
suit, and cooperate, at Contractor's expense, in the defense against such suit, provided however, that in
no event shall Contractor make any admission of guilt or liability on behalf of County without County's
prior written consent.
10.2. If County's use of any portion of the Software or Documentation is enjoined by a court of competent
jurisdiction,Contractor shall at its option and expense and within sixty(60)days of the enjoinment:
10.2.1 Procure for County the right to use such infringing portion;
10.2.2 Replace such infringing portion with a .non-infringing portion providing equivalent
functionality;
10.2.3 Modify the infringing portion so as to eliminate the infringement while providing equivalent
functionality;or
10.2.4 If none of the foregoing remedies are commercially feasible, terminate this Agreement and
refund the balance, if any, of the License fee paid for the Software, prorated over a three year
period from the Effective Date.
11.0 INDEMNIFICATION AND INSURANCE
11.1. Indemnity. Contractor shall indemnify, defend, save and hold harmless County, its officers, agents and
employees from any and all claims, costs and liability for any damages, sickness, death, or injury to
person(s) or property from any cause whatsoever arising directly or indirectly from or connected with
the operations or services of the Contractor or its agents, servants, employees or subcontractors,
hereunder, save and except claims or litigation arising through the sole negligence or sole willful
misconduct.of County or its officers or employees. Contractor will reimburse County for any
expenditures, including reasonable attorneys' fees, County may makeby reason of the matters that are
the subject of this indemnification, and if requested by County will defend any claims or litigation to
which this indemnification provision applies at the sole cost and expense of the Contractor.
11.2. Insurance. During the entire term of this Contract and any extension or modification thereof, the
Contractor shall keep in effect insurance policies meeting the following insurance requirements.
11.2.1 Liability Insurance. The Contractor shall provide comprehensive liability insurance, including
coverage for owned and non-owned automobiles, with a minimum combined single limit
coverage of$500,000 for all damages, including consequential damages, due to bodily injury,
sickness, or disease, or death to any person or damage to or destruction of property, including
the loss use thereof, arising form each occurrence. Such insurance should be endorsed to include
County and its offices and employees as additional insureds as to all services performed by
Contractor under this Agreement. Said policies shall constitute primary insurance as to County,
the State and Federal Governments, and their officers, agents, and employees, so that other
Page 12
acceptance criteria set forth in Exhibit E. This warranty shall remain in effect during the entire
term of this Agreement (the "Warranty Period"). .In order to qualify for remedial action under
this warranty, County must report a warranty failure to Contractor in writing within the
Warranty Period. Contractor shall not be responsible for remedial action under this warranty to
the extent the failure to meet the warranty is caused by modification to the Software by County
or anyone other than Contractor or its subcontractors, unless under Contractor's or its
subcontractors'direction.
12.1.6 Year 2000 Compliance. Contractor warrants and represents to County that all Software
developed,distributed,installed or programmed by Contractor pursuant to this Agreement:
(a) are Year 2000 Compliant; will operate consistently, predictably and accurately, without
interruption or manual intervention, and in accordance with all requirements of this
Agreement, including without limitation .all specification and/or functionality and .
performance requirements,in relation to dates it encounters or processes;
(b) include date recognition and processing with the Four Digit Year Format and will correctly
recognize and process the date of February 29, and any related data, during Leap Years;
and
(c) include date sorting that.includes'a"year category"shall be done based on the Four Digit
Year Format. Upon being notified in writing by County of the failure of any Product to
comply with this Agreement, Contractor will, within sixty (60) days and at no cost to
County, replace or correct the non-complying Product with a Product that complies with
this Agreement.
12.1.7 Other systems: To the extent that the Software will accept data from other systems and sources
that are not Year 2000 Compliant, the Software must properly recognize, calculate, sort, store,
output and otherwise process such data in a manner that eliminates any century ambiguity so
that the Software remain Year 2000 Compliant.
12.1.8 No Disclaimers: The warranties set forth in Sections 12.1.6 .and '12.1.7 above shall not be
subject to any disclaimer or exclusion of warranties or to any limitation of Contractor's liability
under this Agreement, and shall remain in effect through the year 2000 until termination of this
Agreement.
12.1.9 Co1porate Authority. Contractor represents and warrants that it has the corporate power and
authority and the legal right to grant the licenses contemplated under this Agreement and
neither has nor will enter into agreements or take or fail to take action which shall restrict
Contractor's legal right or ability to grant said licenses.
12.1.10 Performance. Contractor represents and warrants that it is aware of no circumstances that
would impair its ability to fully perform its obligations under this Agreement.
12.2. COVERAGE AND GENERAL MAINTENANCE RESPONSIBILITIES
12.2.1 Contractor will provide County with the maintenance services described in this Section 12.2 for
the Software. Contractor is only responsible for providing support hereunder for the the most
current Release of the Software and the three(3)previous releases thereof.
12.2.2 During the Maintenance Period, Contractor will be responsible for ensuring that the Software, .
when used in accordance.with the Documentation, will perform all the functions listed in, and
operate substantially in accordance with the Documentation and the technical specifications for
the Software. Contractor's sole obligation under this warranty will be to repair promptly the
Software or provide the other remedies set forth in Section 12.2.4 below.
12.2.3 Maintenance and Support Service.
Page 14
12.2.5.1 County will promptly report any Error covered under this Section 12.2 to Contractor,
and provide details concerning such problem. County shall allow Authorized
Representatives of Contractor access to the software during County's regular business.
hours and thereafter, if necessary. County shall refrain from making repairs or
modifications to the Software without the advance written approval of Contractor.
County shall provide a telephone line or internet connection for remote diagnosis of
the software by Contractor. .It is the responsibility of County to ensure that all of its
electronic files on the Software are periodically and adequately duplicated and
documented.
12.2.5.2 Contractor is under no obligation to fumisli support under the Maintenance Plan if
Support: is required as a result of (a) operation of the Software in environmental
conditions outside those prescribed by the Documentation,(b) failure by County to
keep the Hardware properly maintained in accordance with standards of maintenance
prescribed by the manufacturer, or(c) the Software being maintained or modified by
anyone other than Contractor or a third party authorized by Contractor.
12.2.6 Maintenance Plan Term.
12.2.6.1 The terns of the Maintenance Plan will commence upon the First Productive Use by
County and shall continue for one (1) year thereafter (the "Maintenance Period").
The Maintenance Period will be automatically extended thereafter annually for
additional one(1)year terms unless terminated pursuant to Section 14 or Section 15.
12.2.7 Representations And Limitation Of Liability. .
12.2.7.1 Contractor represents that the services provided pursuant to the Maintenance Plan
will be performed in a workman like manner. CONTRACTOR DISCLAIMS ALL
OTHER REPRESENTA"CIONS OR WARRANTIES, EXPRESS OR IMPLIED,
FOR MAINTENANCE UNDER THIS AGREEMENT INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANT ABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. The foregoing disclaimer only relates to the
services to be provided under the Maintenance Plan and shall not affect or disclaim.
Contractor's representations and warranty made under Section 12.1 pertaining to the
Software.
12.2.7.2 Except for claims for bodily injury or property damage to the extent caused by the
proven fault or negligence of Contractor and not arising from use of the Software,
Contractor's liability for damages in providing services under the Maintenance Plan
(regardless of the form of action, whether in contract or tort) shall in no event
exceed the amount paid by County to Contractor for a one-year period.
CONTRACTOR WILL NOT BE LIABLE FOR INDIRECT, INCIDEN-I.AL,
SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO LOST.DATA OR LOST PROFITS, HOWEVER ARISING, EVEN
IF IT HAS BEEN ADVISED OF TIIE POSSIBILITY OF SUCH DAMAGES OR
FOR ANY CLAIM AGAINST COUNTY BY A114Y OTHER PARTY. Contractor
shall not be liable for any failure or delay in perfonning the Maintenance flan due to
causes beyond its reasonable control.
13.0 DELAYS
Page 16
along with all copies and notes made therefrom and a certificate signed by Contractor's Authorized
Representative evidencing compliance with this provision.
16.2. After termination pursuant to Section 14.0 or 15.0, County shall pay Contractor an amount equal to the
sum of the following,less any amounts previously paid to Contractor and any additional amounts which
County is entitled to be refunded or withheld pursuant to Section 16.3:
16.2.1 The amount due Contractor for completion by Contractor of the latest phase set forth on Exhibit
D,as such amount may be adjusted as provided herein due to the addition or deletion of products
or Services.
16.2.2 An amount for Contractor's and its subcontractors'labor utilized on the Project since completion
of that last completed phase, billed at Contractor's and its subcontractors' rates as set forth in
Exhibit C. Contractor shall submit a claim for such amount and shall permit County access to all
backup documents which relate to such claim. County shall have the right to disallow from such
claim any unauthorized,excessive,or defective labor.
16.2.3 The unpaid balance due for unreturned products delivered to County and fees for noncancellable
(or noncancelled by County)third-party services authorized by County prior to the effective date
of termination,to the extent such Products and Services are not covered by Section 16.2.1.
16.2.4 The price to County permitted under Exhibit C for Software in Contractor's possession which
were delivered to Contractor for the Project in the ordinary course of performance of this
Agreement and which are not returnable to the supplier (or which County indicates in writing
that it wants);any costs that Contractor must pay due to Project cancellation as a result of loss of
quantity discounts for Software used solely in the Project.
16.3. If this Agreement is terminated for cause pursuant to Section 15.0, then County shall be entitled to
deduct the following amounts from any monies to be paid Contractor pursuant to Section 16.2:
16.3.1 A credit for Documentation returned to Contractor, with such credit equal to the amount paid to
Contractor for such Documentation prior to termination;and
16.3.2 A pro-rata refund of any amounts paid in advance, including but not limited to Annual Maintenance
Fees.
1.6.4. Sections 7.0,8.0,9.0,10.0, 11.0, 12.1,and 17.0 shalkurvive termination of this Agreement.
17.0 DISPUTES
Except as provided in Sections 14.0 and 15.0 herein, Contractor or its subcontractors shall not stop work on the
Project due to a dispute. if a controversy or claim arises out. of or relates to,this Agreement, County's Authorized
Representative and Contractor's Authorized Representative will attempt in good faith to settle the controversy or
claim within ten (10) Business Days of such controversy or claim arising. If the controversy or claim cannot be
settled through the foregoing process, either. party may initiate an action in compliance with the terms of this
Agreement.
18.0 PUBLICITY
Prior to issuing any press release concerning the Project or otherwise making a public statement about the Project,
Contractor shall obtain County's written approval of the content of such press release or statement. Such approval will
not be unreasonably withheld or delayed. Contractor shall impose this same requirement on its subcontractors.
19.0 NOTICES
Any notice under this Agreement will be in writing delivered by hand,by certified mail (return receipt requested), or
by other competent and reliable courier service(delivery receipt retained),to the other party at the address indicated in
Page 18
EXHIBIT A
STATEMENT OF WORK
1.0 GENERAL DESCRIPTION OF PROJECT
The project involves Contractor's license, installation and maintenance of its Revenue Results software for
the purpose of collecting delinquent taxes and the training of County staff in connection therewith.
2.0 PROJECT PHASES
As set forth in detail in Exhibit D.the project phases are as follows:
2.1. Phase 1: Analysis and Establish Timeline Overview
2.2. Phase 2: Software Installation
2.3. Phase 3: Setup Training On-Site
2.4. Phase 4: Interface Consulting/Design
2.5. Phase 5: User Acceptance Testing
2.6. Phase 6: Collector Training On-Site/Deploy Software
3.0 PROJECT CONTROI.AND SCHEDULE
3.1. Contractor will provide experienced management, administration, and support staff to ensure successful
completion of the Project. Contractor support shall include the following functions and services:
3.1.1 Administrative Control. Contractor will maintain schedule, budget, and cost information
appropriate to the successful management of the contract on program status and planned
activities.This information includes an ongoing analysis of cost and schedule variances.
3.1.2 Implementation Schedule. Contractor and County shall perform their duties and responsibilities
hereunder in accordance with the project phases set forth in Exhibit D. Contractor and County
acknowledge that prompt performance of all Services hereunder is required. Each party will use
its best efforts to meet such deadlines and shall give the other party prompt notice of any
anticipated delays in meeting such deadlines.
3.1.3 Reviews, Reports,>rts, and Meetings. During the term of the Project, Contractor will conduct a
project status review with County approximately every two weeks or as otherwise agreed. These
reviews will include a'discussion on the status of the Project, including details on technical
issues; schedules, .problems and potential problems, and recommended solutions to such
problems. In connection with such meetings, Contractor will draft a report covering the
foregoing topics and give it to County in advance of the meeting. In addition, Contractor will
attend such other technical and programming meetings and produce such reports concerning the
Project as requested by County and agreed to by Contractor.
4.0 SOFTWARE
4.1. Licensine Terms. The software provided under this Agreement is licensed to County pursuant to the
terms and conditions of Section 8.4.
5.0 SOFTWARE SUPPORT
5.1. Programming Assistance. Contractor will provide data interface consulting assistance to County
pursuant to the terms,conditions and rates set forth in Exhibit C.
Page 20
EXH1B.IT B
CONTROLLED ACCESS PROTECTION
The Software provided must enforce finely grained discretionary access controls, making users individually
accountable for their actions through login procedures, auditing of security-relevant events, and resource isolation.
The following are minimal requirements for supplied systems or software:
1.0 SECURITY POLICY
1.1. Discretionary Access Control
1.1.1 The Software supplied shall define and control access between named users and named objects
(e.g., files and programs) in the system. The.enforcement mechanism (e.g., self/group/public
controls, access control lists) shall allow users to.specify and.control sharing of those objects by
named individuals,or defined groups of individuals,or by both,and shall provide controls to limit
propagation of access rights.
1.1.2 The discretionary access control mechanism shall, either.by explicit user action or by default,
provide that objects are protected from unauthorized access. These access controls shall be
capable of including or excluding access to the granularity of a single user. Authorized users shall
only assign access permission to an object to users not already possessing access permission.
1.2. Object Reuse. No new or old user shall have access to a deleted users storage space or `released space'.
That deleted information shall not be assessable by non-evasive methods.
2.0 ACCOUNTABILITY
Identification and Authentication. The Software will require users to identify themselves to it before beginning to
perform any other actions that the Software is expected to mediate. Furthermore, the Software will use a
protected. mechanism (e.g., passwords). to authenticate the user's identity., The Software will protect
authentication data so that it cannot be accessed by any unauthorized user. The Software will be able to enforce
individual accountability by providing the capability to uniquely identify each individual system user. The
Software will also provide the capability of associating this identity with most auditable actions taken by that.
individual.
3.0 AUDIT
The Software will be able to create,maintain,and protect from modi fication or unauthorized access or destruction
an audit trail of accesses to the objects it protects. The audit data will be protected by the Software so that read
access to it is limited to those who are authorized for audit data. The Software will be able to record the
following types of events: use of identification and authentication mechanisms, introduction or objects into a
user's address space (e.g., file open, program initiation), deletion of objects, and actions taken by computer
operators and system administrators and/or system security administrators,and other security relevant events. For
each recorded event,the audit record shall identify: date and time of the event,user;type of event;and success or
failure of the event. The system administrator will be able to selectively audit the actions of any one or more
users based on individual identity.
4.0 ASSURANCE
4.1. Operational Assurance
4.1.1 System Architecture. The Software will maintain a domain for its own execution that protects it
from external interference or tampering (e.g., by modification of its code or data structures).
Resources controlled by the Software may be a defined subset of the subjects and objects in the
system. The Software will isolate the resources to be protected so that they are subject to the access
Page 22
EXHIBIT C
SOFTWARE AND TRAINING DEI..IVERABLE ITEMS AND PRICING
1.0 SOFTWARE
1.1. Revenue Results Software Licenses(7 @$4,850.00 each)and Documentation $33,950.00
2.0 LABOR CIIARGES
2.1. Revenue Results Configuration Training(inclusive of travel and lodging) $2,000.00
Two days of on-site,hands-on training for up to three(3)employees.
2.2. Revenue Results Collector Training(inclusive of travel and lodging) $2,750.00
Two days of on-site,hands-on training for up to seven(7)employees.
2.3. Project Management(description) $1,000.00
Contractor will provide County with verbal and written updates of the .
Project upon completion of each phase set forth in Exhibit D and as
reasonably requested by County. Contractor will also designate a project
manager to act as a liaison between County and Contractor personnel.
2.4. On-Line Analysis $300.00
Contractor will perform an"over-the-internet"discussion with County
regarding County's current collection procedures.
2.5. Data Interface Consulting(up to 78 hours) $12,000.00
Contractor will consult with County to test the New Business Interface
and the Payment Interface,both initially and on an ongoing basis.
3.0 SOFTWARE MAINTENANCE
3.1. Annual Maintenance Plan(1 year.) $6,790.00
Contractor will provide the maintenance services set forth in Section 12.2.
Total Purchase Ainount $58,790.00
4.0 ADDITIONAL'TRAINING
Training not included in the contract price will be provided by contractor at a rate of$160.00 per hour..
5.0 ADDITIONAL CONSULTING
Consulting not included in the contract price will be provided by contractor at a rate of$160.00 per hour.
6.0 BEST PRICING
Contractor represents and warrants that the license, maintenance, training, consulting, data-conversion, and other fees
listed herein and the prices charged for the Software are the most favorable fees and prices Contractor offers to its
customers in like circumstances. The best pricing provisions of this Section 6.0will also apply to future purchases of
software licenses, maintenance, training, data-conversion services, hardware' and other services and products
purchased by County from Contractor.
7.0 EXPENSES
Contractor's costs and expenses for telephone, travel to County's office, and other office and travel expenses are
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EXHIBIT D .
PROJECT TIMELINES-AND DELIVERABLES
1.0 Phase 1: Analysis and Establish Timeline
1.1. Kick-off call with County Authorized Representative and staff.
1.2. Identification of hardware and resources and timeline for project completion.
1.3. Deliverable:Project Timeline.
1.4. Duration-.5 days. Time to Complete- 1-10 days.'
2:0 Phase 2: Software Installation.
2.1. Software remotely installed on County Server.
2.2. Deliverable: Software installed on County Server.
2.3. Duration-.5 days. Time to Complete: 10-15 days.
3.0 Phase 3: Setup Training On-Site
3.1. Trainers will be on-site at County offices to work with County staff to initially configure the Software.
3.2. Deliverable: Provide setup training to County Authorized Representative.
3.3. Duration-2 days. Time to Complete: 15-25 days.
4.0 Phase 4: Interface Consulting/Design.
4.1. Contractor will consult with County to test the [New Business Interface (Both Initial and On-going)
along with a Payment Interface].
4.2. Deliverable: Each[Interface]will be tested and will perform as set forth in the Documentation.
4.3. Duration- 10 days. Time to Complete: 25-35 days.
5.0 Phase 5: User Acceptance Testing.
5.1. Test Software for full fimctionality.
5.2. Deliverable: Fully functional Software.
5.3. Duration- 15 days. Time to Complete-35-50 days.
6.0 Phase 6: Collector Training On-Site/Deploy Software.
6.1. Two days of on-site hands-on training for the operation of the Software for up to seven (7) employees.
Software deployed for use by County staff.
6.2. Deliverable: Employee training on Software and deployment of Software for County employee use.
6.3. Duration-2 days. Time to Complete: 50-60 days.
All phase time periods represent business days from the Effective Date.
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