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HomeMy WebLinkAboutDoc 381 - PSC - Helion - Assessment❑rLY Jig -< Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701 -1960 (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 29, 2009 Please see directions for completing this document on the next page. DATE: 6 -24 -09 FROM: Scot Langton. Assessor 388 -6513 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document No. 2009 -381 - Assessment and Taxation software annual Personal Services Contract with Helion Software, Inc. PUBLIC HEARING ON THIS DATE? no BACKGROUND AND POLICY IMPLICATIONS: Yearly Personal Services contract for support and maintance of assessment and taxation software FISCAL IMPLICATIONS: Total compensation by the County for FY09 /10 not to exceed $202.530; 80% from the Assessor budget and 20% from the Finance /Tax budget RECOMMENDATION & ACTION REQUESTED: Board of Commissioners approval and signatures of Document No. 2009 -381 ATTENDANCE: Scot Langton or Tana West DISTRIBUTION OF DOCUMENTS: Please send one orginal to - Helion Software, Inc. Attn: Ramona Qualls 1431 Liberty St SE Salem, OR 97302 Copy to - Scot Langton, Deschutes County Assessor Copy to - Marty Wynee, Deschutes County Tax Collector DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Date: 6 -24 -09 Please complete all sections above the Official Review line. Department: Contractor /Supplier /Consultant Name: Contractor Contact: Type of Document: Services Contract Assessor & Tax Helion Software, Inc Contractor Phone #: 503 - 362 -9394 Goods and /or Services: FY09 /10 Personal Services contract for support and maintance of assessment and taxation software Background & History: Annual personal services contract with software vendor Agreement Starting Date: 7 -1 -09 Annual Value or Total Payment: Ending Date: not to exceed $202,530 ® Insurance Certificate Received (check box) Insurance Expiration Date: 4 -11 -2010 6 -30 -10 Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes ( <$150K) ❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ® Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant - funded position so that this will be noted in the offer letter: ❑ Yes ❑ No Contact information for the person responsible for grant compliance: Name: 6/24/2009 Phone #: Departmental Contact and Title: Scot Langton, Deschutes County Assessor Phone #: 541 - 388 -•5 Department Director Approval: gnajur Y -Dy Date Distribution of Document: 1- orginal to - Helion Software Inc.; attn: Ramona Qualls; 1431 Liberty St SE; Salem, OR 97302 1 - Copy to - Scot Langton, Assessor 1- Copy to - Marty Wynne, Tax Collector Official Review: County Signature Required (check one): El BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Document Number DC-200 381 Date 6 6/24/2009 For Recording Stamp Only DESCHUTES COUNTY SERVICES CONTRACT CONTRACT NO. o9_— 38Y This Contract is between DESCHUTES COUNTY (County) and HELION SOFTWARE, INC. (Contractor). The parties agree as follows: Effective Date and Termination Date. The effective date of this Contract shall be July 1, 2009 or the date, on which each party has signed this Contract, whichever is later. Unless extended or terminated earlier in accordance with its terms this Contract shall terminate when County accepts Contractor's completed performance or on June 30, 2010, whichever date occurs last. Contract termination shall not extinguish or prejudice County's right to enforce this Contract with respect tc any default by Contractor that has not been cured. Statement of Work. Contractor shall perform the work described in Exhibit 1. Payment for Work. County agrees to pay Contractor in accordance with Exhibit 1. Contract Documents. This Contract includes Page 1 -7 and Exhibits 1, 2, 3, 4, and 6. CONTRACTOR DATA AND SIGNATURE Contractor Address: PO Box 18086, Salem, OR 97305 Federal Tax ID# or Social Security #: 93- 1298376 Is Contractor a nonresident alien? ❑Yes © No Business Designation (check one): ❑ Sole Proprietorship ❑ Partnership © Corporation -for profit ❑ Corporation- non - profit ❑ Other, describe A Federal tax ID number or Social Security number is required to be provided by the Contractor and shall be used for the administration of state, federal and local tax laws. Payment information shall be reported to the Internal Revenue Service under the name and Federal tax ID number or, if none, the Social Security number provided above. I have read this Contract including the attached Exhibits. I understand this Contract and agree to be bound by its terms. NOTE: Contractor shall also sign Exhibits 3 and 4 and, if applicable, Exhibit 6. f re[G{ art t` ontractor's%'thorized Signature Title u ti- rc a < G1 e�6, -�� h t 6/2.3 /o Narte (please,�rint) Date DESCHUTES COUNTY SIGNATURE Dated this Zy'- of , 2009 Dated this of , 2009 DESCHUTES COUNTY ASSESSOR Page 1 of 16 — Personal Services Contract 2009 -2010 BOARD OF COUNTY COMMISSIONERS Tammy Baney, Chair Dennis R. Luke, Commissioner Alan Unger, Commissioner 00 - 2009 -381 EXHIBIT 1 DESCHUTES COUNTY SERVICES CONTRACT Contract No. STATEMENT OF WORK, COMPENSATION PAYMENT TERMS and SCHEDULE 1. Contractor's services are divided into THREE parts: Part A - Consortium is for staff support per the agreement with the ORCATS consortium. Staff will work on property assessment and tax projects as directed by the ORCATS consortium. The Contractor shall provide the County with monthly reports on hours of service by project and description Aral sided to the Consortium. Part B - Support is for 600 hours (at $95 /hour ) of offsite /onsite staff for ORCATS support hours for other support services. These services would include telephone support, report assistance, database assistance, data updates, data extraction, and other support. Any unused hours may not be carried forward or reimbursed. These hours may be used by Deschutes for programming but will still be billed as Part B Hours. Additional 150 hour blocks of time (at $95 /hour) may be purchased throughout the year given 60 days notice. Helion will give a good faith effort to provide the additional requested hours in as few a days as possible. The Contractor shall provide the County with task based monthly reports on hours of service for support by description. Part C — Programming for a maximum of 600 hours (at $95 /hour) of offsite /onsite staff for ORCATS program development assuming development of projects by Deschutes (and in combination with various consortium members). For those projects that require less than 20 hours to complete Helion will notify Deschutes and after authorization will work on them. These will be "not to exceed" projects and Deschutes will not be responsible for any hours over 20. For development projects that will require more than 20 hours to complete (or if Deschutes requests ), Helion and Deschutes (and other consortium members) will work together to create a set of project requirements. Helion will then develop a fixed quote for the number of hours to complete the project. Helion will begin work on the project after Deschutes (and, if applicable, other consortium members) approve the quote. Project requirements should be sufficiently detailed to identify the deliverables, the cost in hours, and the timeframe for completion. The time required to develop the requirements will be charged directly against the Part C - Programming hours. The project requirements will include a project timeline indicating which tasks are the responsibility of Helion and which tasks are the responsibilities of the County(s). Upon using the software in production, programming bugs (any programming functionality that does not perform to specification) as identified by Deschutes ( or other consortium members) within 45 days or within a specified project timeline as established by mutual agreement between the Contractor and Deschutes will be will be considered part of the original quote. Identification of a bug does not extend the acceptance period. Delays in programming will result in a reduction to the hours charged to the project at the rate of 3% of the fixes quote for every 60 days past the deadline as stated in the project timeline. Any delays caused by tasks that are the responsibility of Deschutes or other consortium members involved in the project (as identified in the project plan ) will adjust the deadline accordingly. Examples of such tasks include but are not limited to: responses to design questions, beta testing and release schedule coordination. Work performed on a bug during the acceptance period does count against the delay from the point in time of identification to the point in time when Helion and Deschutes agree that the issue in question is resolved. Again any tasks identified as the responsibility of Deschutes or other consortium members do not count against the delay period. The following is an example for the purpose of clarification of the process. 1. Helion and Deschutes develop a set of requirements and a project plan. This process took 25 hours and was billed directly against the Part C budget. The project was to take 100 hours and be finished by September 1St Page 8 of 16— Exhibit 1 to Personal Service Contract 2009 -2010 2. Deschutes approves the project plan and timeline and Helion bills for 25 hours (25% of the total ) 3. Programming began but there was some misunderstanding about a requirement. Helion sent a request for clarification to Deschutes and Deschutes responded 5 working days later. These 5 days were added to the due date moving it to September 6th 4. During development an additional requirement was agreed upon by Helion and Deschutes adding 20 hours to the fixed bid for a total of 120 hours and moving the deadline from the 6th to the 10th of September. He ion bills for 5 hours (25% of the additional 20 hours ). 5. Helion finishes development and moves the program into Beta test. The timeline gives Deschutes 10 working days to review the program but Deschutes takes 15 days. This moves the deadline from September 10th to September 15th ( for the additional 5 days ). 6. Helion and Deschutes agree that the program is ready for production on September 30th but the next scheduled release isn't until October 10th. Since the program was supposed to be ready on the 15th but was actually ready on the 30th, 15 days are counted against the delay penalty ( still under the total of 60 days ). Since the actual production release date is October 10th the acceptance period is from October 10th through November 24th (45 days ). 7. Helion bills for 60 hours ( 50% of the total fixed bid ). 8. Deschutes finds a bug on November 20th. This is within the acceptance period so Helion fixes it as part of the fixed bid of 120 hours. The bug takes 10 days to fix so the number of penalty days is now 25 (15 original and 10 from the bug fix, still within the 60 day penalty total ). 9. After the bug is fixed and released into production Helion bills the remaining amount ( 30 hours, 259-) of 120 hours ) 10. On November 25th Deschutes finds another bug. Since this is outside the acceptance period it becomes a separate project to be prioritized by Deschutes. Any changes to requirements as agreed between Helion and Deschutes may cause an adjustment to the original quote. All Helion staff will be under the direct management of Helion and would be required to follow all of Helion's procedures and policies. Helion is in the process of developing these policies and procedures and will provide Deschutes a copy of those that are relevant to the work described in this contract as they become available or change. Helion will work on whatever Deschutes requested as long as it is within those policies and procedures. Typical uses would be programming projects unique to Deschutes (or groups of consortium members) and additional programming on projects of special interest to Deschutes (or groups of consortium members). Additional 150 hour blocks of time (at $95 /hour) may be purchased throughout the year given 60 days notice Helion will give a good faith effort to provide the additional requested hours in as few a days as possible. The Contractor shall provide the County with monthly reports on hours of service by project and by description. Should multiple counties be paying for the program development, the service hour reports should include all hours assessed to the project for all of the involved counties. Part D Oracle DBA - Contractor shall perform the following work: 1. An Oracle Certified DBA will review the Oracle system weekly and report all findings concerning catabase integrity, efficiency and security to Deschutes County Information Technology in a written report. This report will include any recommended changes to hardware, operating system and Oracle configuration. Contractor agrees to perform Oracle database maintenance and tuning as recommended in the reports. County agrees to perform hardware and operating system maintenance and training as recommended in the reports. County and Contractor agree to notify each other no later than ten working days of a recommendation in the event either party disagrees with the recommendations. Both the Contractor and County agree to settle the dispute within thirty days of the notification. 2. Contractor will provide backup to tape procedures and insure they are compete and operational. 3. Contractor will provide restore assistance upon two hours of receiving notification. County will be responsible for the restoration of the hardware and operating system. With the assistance of the County Information Technology staff, Helion will perform the recovery, installation and configuration of the Oracle Software, all of the ORCATS database, ORCATS software, and post recovery system testing. 2. Compensation by the County: Payment for all work performed under this contract shall be made as t :et forth below from available and authorized County funds, and shall not exceed the maximum sum of $76,530 for Part A, $57,000 for Part B, $57,000 for Part C, and $12,000 for Part D {$202,530.00 in Total }. Travel and other expanses of the Contractor shall not be reimbursed by County unless specifically provided herein as a supplementary condition. Page 9 of 16— Exhibit 1 to Personal Service Contract 2009 -2010 a. Interim payments shall be made to Contractor following County's review and approval of billings submitted by Contractor. Contractor will also submit copies of other billings for work performed under the contract when such bills are to be paid by other parties. These other billings are not subject to the maximum compensation amount of this contract. b. Contractor shall not submit billings for, and County will not pay, any amount in excess of the maximum compensation amount of this contract, including any travel and other expense when noted below. If the maximum compensation amount is increased by amendment of this contract, the amendment must be fully effective before Contractor performs work subject to the amendment. Contractor shall notify County's supervising representative in writing 30 calendar days before this contract expires of the upcoming expiration of the contract. No payment will be made for any services performed before the beginni ig date or after the expiration date of this contract. This contract will not be amended after the expiration date. c. Contractor shall submit separate monthly billings for Part A, Part B, Part C and Part D. Billings for Part A and Part B and Part D will be for 1112th of the contract totals. Billings for Part C will be based upon projects identified. Projects done as "not to exceed" quotes and requirement development will be billed monthly as they occur. Part C payments for "fixed bid" projects will occur as follows: 25% of fixed bid at start of project programming, 50% when the project is moved into production and 25% after the end of the acceptance period and all outstanding bugs are resolved. Payment structure may be adjusted with advance consent of County and Contractor. Billings shall be sent to the supervising representative 3. Effective Date and Duration: Contractor's services will begin on July I, 2009. Unless earlier terminated or extended, this contract shall expire on June 30, 2010 or when Contractor's completed performance has been accepted by County. However, such expiration shall not extinguish or prejudice County's right to enforce this contract with respect to: (a) any breach of a Contractor warranty; or (b) any default or defect in Contractor's performance that has not been cured. Page 10 of 16— Exhibit 1 to Personal Service Contract 2009 -2010