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HomeMy WebLinkAboutC09-131 Tyler Technologies;'j ~: y o- i. MASTER CONSULTING AGREEMENT BETWEEN EAGLE COUNTY, COLORADO and Tyler Technologies ~~ This Master Consulting Agreement ("Agreement") dated as of this ____ ~-'' day of 200 , is between the County of Eagle, State of Colorado, a body co orate and rP politic, by and through its Board of County Commissioners ("County"), and Tyler Technolo 'es ~~ ~ 14142 Denver W. Pkwy, Ste 155, Lakewood, CO 80401(Consultant ). V~VHEREAS, the County is in need of a company to provide the services outlined in Section 1.1 hereunder; and V'VHEREAS, Consultant has represented that it has the experience and knowledge in the subject matter necessary to carry out the services outlined in Section 1.1 hereunder; and WHEREAS, County wishes to hire Consultant to perform the tasks associated with such services outlined in Section 1.1 hereunder; and WHEREAS, County and Consultant intend by this Agreement to set forth the scope of the responsibilities ofthe Consultant in connection with the services and related terms and conditions to govern the relationship between Consultant and County in connection with the services. A reement Therefore, based upon the representations byConsultant set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the arties p agree to the following: 1. Services Provided: l .l The Consultant will provide the consulting services as more particularly set forth in the attached Exhibit "A," (hereina~er called "Consulting Services") incorporated herein by reference. The Consulting Services are generally described as providing information technology consulting and support. 1.2 It is anticipated or possible that County will utilize Consultant for other services on an as- neededbasis. Any such additional services will be through a signed written amendment to this Master Consulting Agreement. Consultant shall not perform any additional services without an executed amendment. Such amendment will set forth the scope of work for the additional services. Except as may be expressly altered by the amendment, all terms and conditions of this Master Consulting Agreement shall control. To the extent the terms and conditions of this Agreement may conflict with Exhibit "A" or any future exhibits or amendments, the terms and conditions of this Agreement shall control. 1.3 The Consultant agrees that Consultant will not knowingly enter into an consultin Y g arrangements per se with third parties that will conflict in any manner with the Consulting Services. 1.4 Consultant has given the County a proposal for performing the Services and re resented p that it has the expertise and personnel necessary to properly and time/ erform the . yp Services. 2. Term of Agreement 2.1 This Agreement shall commence on the agreement date and, subject to the rovisions of Secti p on 2.2 hereof, shall continue m full force and effect for a penod of 1 year commencing with the effective date of this Agreement. This Agreement maybe extended beyond the time referred to in this Section 2.1 on terms and conditions as ma Y be mutually agreed between the parties hereto. 2.2 In the event of any termination of this Agreement, Consultant shall be com ensated for all p incurred costs and hours of work then completed, plus approved ex enses. p 3. Independent Contractor: 3.1 With respect to the provision of the Consulting Services hereunder, Consultant acknowledges that Consultant is an independent contractor providing Consultin Services g to the County. Nothing in this Agreement shall be deemed to make Consultant an a ent, g employee, partner or representative of County. 3.2 The Consultant shall not have the authority to, and will not make an commitments or y enter into any agreement with any party on behalf of County without the written consent of the Board of County Commissioners. 3.3 The Consultant will maintain liability, unemployment and workman's com ensation p insurance onhis/her behalf, as necessary. 4. Remuneration: 4.1 For the Consulting Services provided hereunder, County shall pay to the Consultant a fee asset forth in the attached Exhibit "A." Consultant will not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized to do so by County. Fees for any additional services will be as set forth ~n an executed addendum between the parties. Fees will be paid within thi 30 . ~' ~ ) days of receipt of a proper and accurate invoice from Consultant respectin Consultin g g Services. The invoice shall include a description of services performed. U on re uest, p q Consultant shall provide County with such other supporting information as Coun ma ~' Y request. 4.2 County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reportin and a ent of an g p Ym Y taxes related to payments made pursuant to the terms of this Agreement. 4.3 Notwithstanding anything to the contrary contained in this Agreement, no char es shall be g made to the County nor shall any payment be made to the Consultant in excess of the amount for any work done without the written approval in accordance with a bud et ado ted b the g p Y Board in accordance with provisions of the Colorado Revised Statutes. Moreover the parties agree that the County is a governmental entity and that all obli ations be and the g Y current fiscal year are subs ect to funds being budgeted and appropriated. S. Ownership of Documents: All documents (including electronic files) which are obtained Burin or r aced either . .g p~ partially or wholly, in the performance of the Services shall remain the roe of the p p ~Y County and are to be delivered to County before final payment is made to Consultant or upon earlier termination of this Agreement. 6. Indemnification: 6.1 Within the limits allowed by law, Consultant shall indemnify Coun for and hold and . tY defend the County and its officials, boards, officers, principals and em to ees harmless pY from, all costs, claims and expenses, including reasonable attorney's fees, arisin from g claims of any .nature whatsoever made by any person in connection with the ne li ent gg acts or omissions of, or presentations by, the Consultant in violation of the terms and conditions of this Agreement. This indemnification shall not apply to claims b third Y parties against the County to the extent that the County is liable to such third for p~Y such claim without regard to the involvement of the Consultant. 7. Consultant's Professional Level of Care: 7.1 Consultant shall be responsible for the completeness and accurac of the Consultin Servi Y g ces, and shall correct, at its sole expense, all significant errors and omissions therein. Consultant shall perform the Consulting Services in a skillful, rofessional and p competent manner and in accordance with the standard of care, skill and diligence applicable to consultants, with respect to similar services, in this area at this time. 8. No Assignment: The parties to this Agreement recognize that the Consulting Services to be rovided ursuant to this A p p greement are professional in nature and that in entering into this Agreement County is relying upon the professional services and reputation of Consultant and its approved subcontractors. Therefore, neither Consultant nor its subcontractors may assign its interest in this Agreement or in its subcontract, including the assi ent of any rights or delegation of any obligations provided therein, without the rior written p consent of County, which consent County may withhold in its sole discretion. Exc t as so rovided this A eeme ~ p gr nt shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any third party. Unless specifically stated to the contr in any written consent to an assignment, no assignment will release or dischar e the g assignor from any duty or responsibility under the Agreement. 9. Notices: 9.1 Any notice and all written communications required under this A Bement shall be .. ~' given in writing by personal delivery, facsimile or U.S. Mail to the other at the per' following addresses: (a) Eagle County Innovation and Technology Director 500 Broadway PO Box 850 Eagle, CO 81631 Telephone: 970-328-3 5 81 Facsimile: 970-328-3599 with a copy to: Eagle County Attorney's Office 500 Broadway PO Box 850 Eagle, CO 81631 (b) Tyler Technologies 14142 Denver W. Pkwy Ste 155 Lakewood, CO 80401 9.2 Notices shall be deemed given on the date of delivery; on the date the facsimile is transmitted and conf7rmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. 10. Jurisdiction and Confidentiality: 10.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 10.2 The Consultant and County acknowledge that, during the term of this Agreement and in the course of the Consultant rendering the Consulting Services, the Consultant and County may acquire knowledge of the business operations of the other party not generally known deemed confidential. The parties shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, firm or corporation, any such confidential knowledge or information and shall retain all knowledge and information which he has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of the other party during the term of this Agreement, and for a period of five (5) years following termination of this Agreement. Any such information must marked as confidential. The parties recognize that the County is subj ect to the Colorado Open Records Act and nothing herein shall preclude a release of information that is subj ect to the same. 11. Miscellaneous: 11.1 This Agreement constitutes the entire Agreement between the parties related to its subj ect matter. It supersedes all prior proposals, agreements and understandings. 11.2 This Agreement is personal to the Consultant and may not be assigned by Consultant. 11.3 This Agreement does not and shall not be deemed to confer upon or grant to any third party any nght enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 12. Sole Source Government Contracts: If the Contractor has entered into a sole source government contract or contracts with the State of Colorado or any of its political subdivisions as defined in Article XXVIII of the Colorado Constitution which including this contract in the aggregate on an annual basis are equal to or exceed the amount of $100,000, then the following provisions apply: 12.1 Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, Contractor, on behalf of itself, any person who controls ten percent or more of the shares of or interest in the Contractor, and the Contractor's officers, directors and trustees (collectively, the "Contract Holder"} shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the Contractor Holder or on behalf of his or her immediate family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political subdivisions. 12.2 The parties further agree that if a Contract Holder makes or causes to be made any contribution intended to promote or influence the result of an election on a ballot issue, the Contract Holder shall not be qualified to enter into a sole source government contract relating to that particular ballot issue. 12.3 The parties agree that if a Contract Holder intentionally violates sections 15 or 17(2) of Article XXVIII of the Colorado Constitution, as contractual damages that Contract Holder shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. 12.4 The Contract Holder agrees to comply with the summary and notice provisions of Section 16 of Article XXVIII of the Colorado Constitution. 12.5 These provisions shall not apply to the extent they have been enjoined or invalidated by a court of competent jurisdiction. 12.6 All terms used in this Section and not otherwise defined in this Agreement shall have the same meaning as set forth in Article XXVIII of the Colorado Constitution. ER OF PAGE ONALLY LEFT BLANK // IN WITNESS WI~REOF, the parties hereto have executed this Agreement the day and year first above written COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER y' Tyler Technologies By: Title: ~~~~ PROFESSIONAL SERVICES WORK ORDER Date of Ouote: 3/31/09 (work order quote is valid for 30 days from data of issuance) Clime Eagle County, CO. Tyler Work Order Tracking #: C]2009-021 Name of Individual reauestina Services: Amanda Bay Work Order Tvae: Apex Sketch Upload Description: Tyler Technologies will provide services to Eagle County as outlined below: 1) Tyler Technologies will provide a utility to Eagle County, allowing them to take Apex sketch files from a windows directory and load them into their Tyler application. The format should be the full Account Number with zero padding (i.e. R000007 and R784580). 2) Tyler Technologies will provide training to the Eagle County staff members on how to use the utility. 3) The utility will be provided as often as needed. 4) Once in place, the utility will use the Apex file name to locate the account and attach the file to a predefined list of models on that account. If multiple models exist, the sketch file will be attached to each model that is of the accepted types. 5) At the end of the process, an error report will be generated informing the user how many files were processed and of any errors that arose. Costs: This quote is on a time and material basis ~ $140.00 per hour. Tyler Technologies estimates a period of 40 hours or more could be necessary to complete the services outlined above. The amount of time required to complete the services outlined above is not-to-exceed 80 hours without Tyler notifying Client for approval to continue, Schedule: A Tyler Project Manager will contact the individual requesting services to schedule work once a signed copy of this work order is received by Tyler; please fax signed work order to 970.328.6521. County employee authorizing payment for the above described professional services: (signature) (title) (date) PROFESSIONAL SERVICES WORK ORDER Date of Quote: 04/20/09 (work order quote is valid for 30 days from data of issuance) Cli_ ent: Eagle County, CO. Tyler Work Order Tracking #: C]2009-053 Name of Individua__ I eauesting Services: Megan Morrissey jScott tingle Work Order Type: Modifications for Appraisal/Administrative Data D- tion: Tyler Technologies will make changes requested by Eagle County as outlined below to accommodate the differences between appraisal and administrative data, 1) Tyler will add a date setting to EagleWeb that Eagle County will maintain and update, The-date will control what version of data the users see for specific areas of the website. All information not specified below will display as of the current date and time the user is viewing the parcel data, The following changes are covered by this setting: a, Assessment Value b, All CAMA attributes and any other data tracked at the model level c. The Property Record Card will be changed to show CAMA attributes and CAMA values as of this date, and "all other information" as of the current date ("All other information" includes ownership, legal description, parcel number, tax area code, account status, and situs address) d, The Account Public .Extract will be changed to show values as of this date, and all other information as of the current date ("Values" include Class Code 1-5, land actual, land assessed improvement actual, improvement assessed, acres, square feet, and units). 2) Tyler will create a search field on the Account and Sales Search that allows querying by Tax Authority, The search field will allow the user to enter the authority name or enter a partial name and the system will suggest a drop down list that match. 3) Tyler will modify the Account Public Extract so that the output file is generated as a CSV (Comma Separated Value) file, instead of an HTML extract. This will allow web users that have Microsoft Excel installed on their computer to automatically open the file into Excel by selecting it from EagleWeb. The standard account public extract will be replaced with the one specified by Eagle County, as follows: EagleWeb "Ideal" Account Public Extract Report Fields Account Number Parcel Number OwnerlGrantee Name Owner Address (mailing) Building Type Subdivision Block Lot Condo Unit Number Legal Description Tax Area Mill Levy Total Acres Total Actual Value (AIMS) Actual Land Value (AIMS) Actual Improvement Value (AIMS) Total Assessed Value (AIMS} Assessed Land Value (AIMS) Assessed Improvement Value (AIMS) Residential Building Count First Residential Stories First Residential Year Built First Residential Baths First Residential Bedrooms First Residential Rooms First Residential Garage First Residential SF Heated Commercial Building Count Street Number Street Alpha Street Direction Street Name Street Suffix Building Number Location City Class Codes Neighborhood SuperNeighborhood Sale Date 1 Sale Price 1 *Reception Number 1 *Book 1 Page 1 *Doc Fee 1 Grantee 1 *Grantor 1 *Public Remark 1 *Sale Information repeated ...through 10 sales. 4) Report that shows the Assessor Protest Download fields, as provided b Ea le Coun Y 9 tY and shown below; Order Field name in Legecy AIMS Notes 1 ACCOUNTNO Account Number 2 NAME Name on Account 3 ADDRESS 1 Address 1 on Account 4 ADDRESS2 Address 2 on Account 5 CITY City of Address on Account 6 STATE State of Address on Account 7 ZIPCODE Zip Code of Address on Account 8 PARCELNB Parcel Number on Account 15 LEGAL Legal Description of Account 16 PROTESTLEVEL Protest Level that Protest is at example ASR 17 APRNAME Appraissers Name for Account Looks like it could just be initials 19 DECISION Decision Code from Assessor in the past I see A and D 20 DECDATE Date of Decision on Protest 21 PTDATE Protest Date 40 DAYPHONE Daytime phone number of person/agent protesting 41 EVEPHONE Evening phone number ofperson/agent protesting 52 PTBY Protested by (Example Owner or Agent) 57 TAXREPNAME Agent Name 58 TAXREPADDI Address 1 of Agent 59 TAXREPADD2 Address 2 of Agent 60 TAXREPCITY _ City of Address of Agent 61 TAXREPSTATE State of Address of Agent 62 TAXREPZIP Zip Code of Address of Address 63 ORGLANDVALUE Original Land Value 64 ORGIMPVALUE Original Impact Value 65 ORGTOTALVALUE Original Total Value 66 LANDVALUE Adjusted Land Value at Assesor Level 67 IMPVALUE Adjusted Impact Value at Assessor Level 68 TOTALVALUE Adjusted Total Value at Assessor Level COStS: Please choose one of the following options for billing: Time and Materials: Eagle County would be invoiced for actual hours necessary to complete these services, Estimated time is 64-84 hours. If more than 84 hours, actual hours will apply, and Eagle County will be invoiced accordingly, Likewise, if less than 84 hours, actual hours will apply and Eagle County will be invoiced accordingly. Tyler Technologies will not exceed 84 hours without further written permission from Eagle County. Fixed Cost: Not to exceed 112 hours C1 $140.00 per hour, Tyler Technologies assumes the risk of unforeseen circumstances or issues arising in the project, which would cause actual hours to increase accordingly. Therefore, a flat time of 112 hours is set, agreed to, and billable, in order to minimize this risk. Schedule: A Tyler Project Manager will contact the individual requesting services to schedule work once a signed copy of this work order is received by Tyler; please sign, scan and return the work order via email to christine.iandreau tvlertech.com or fax signed work order to 603-523-7513. County employee authorizingpayment for the above described professional services: (signature) (title) (date)