Item P2 P.2
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` )-.���` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: P.2
Agenda Item Summary #6693
BULK ITEM: Yes DEPARTMENT: Strategic Planning
TIME APPROXIMATE: STAFF CONTACT: Kimberly Matthews (305) 292-4540
NONE
AGENDA ITEM WORDING: Approval of the AchieveIt software application contract for
$33,150 annually (for a total of$99,450 for 3 years). AchieveIt, as the sole provider of this software
platform, will provide the Office of Strategic Planning - the capability to create, track and manage
county-wide department level performance measures and data - on one platform for the purpose of
increased government efficiency and effectiveness. The contract commitment is for three years to
obtain a 15% discount annually.
ITEM BACKGROUND: Across the country local, state and federal agencies are integrating data
and data analytics into their decision-making processes and to communicate their work to their
communities. This growing trend allows government agencies to move their decision making from
instinct-based to evidence-based. The barrier for any organization in making this shift is the access
to accurate, relevant and timely data. Monroe County is positioned to enhance how we gather,
analyze and then utilizing data for improved governmental efficiency and effectiveness across all
departments, divisions and teams. However, this effort requires a simple, effective and robust
performance measurement tool.
Monroe County has extensively researched the market and found an ideal solution. AchieveIt is a
user-friendly tool that minimizes unnecessary workload for staff, is customizable for various plans
and organizational structures, offers access to reports and analytics to maximize the County's ability
to use the raw data and provides a public dashboard that allows Monroe County to highlight the
work and progress of departments. AchieveIt is a robust performance measurement tool that fulfills
the for our needs, resources, and culture. AchieveIt is being procured as a sole source provider as it
is the only product that has all the necessary tools under one platform. (Sole Source Justification
documentation is attached).
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
AchieveIt
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STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Monroe County 3 Year Discounted Sales Order Contract Terms
Addendum to ACHIEVIT sales order
Matthews Sole Source AchieveIt letter
AchieveIt for Monroe County Sole Source Letter(002)
FINANCIAL IMPACT:
Effective Date: Upon Approval and Execution
Expiration Date: 3 years from Effective Date
Total Dollar Value of Contract: $99,450
Total Cost to County:
Current Year Portion: $33,150
Budgeted:
Source of Funds: 05011-530340 (Current Year Portion Only)
Current year portion: $33,150.00
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No.
County Match: No.
Insurance Required: No
Additional Details:
REVIEWED BY:
Kimberly Matthews Completed 08/25/2020 11:25 AM
Christine Limbert Completed 08/26/2020 2:37 PM
Budget and Finance Completed 09/01/2020 1:30 PM
Maria Slavik Skipped 03/04/2020 10:54 AM
Kathy Peters Completed 09/01/2020 1:38 PM
Board of County Commissioners Pending 09/16/2020 9:00 AM
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C IEVEIT PROPOSAL
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SALES ORDER MONROE COUNTY
Kimberly Matthews 1200 Truman Ave. Ste. 10 1
1200 Truman Ave. Ste. 101 Ivey West, Flea ri d a
KeyWest, FL 3304'0 3304'0
Customer Billing Contact: Monroe County Customer Billing Email.
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This Sales Order("Order") details products and services to be provided for Monroe County �
("Customer") located at the Customer Billing address above, by Achievelt Online, LLC. ("Achieve It"),
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collectively known as the "Parties" Except as expressly stated in this Order, all products and services
included in this Order are subject to the attached Ac ievelt Terms&Conditions ("Agreemerit"),
executed between the Parties as of the date signed by the Customer below.
1. TERM
This Order is effective upon the date of the last signature below (the `Effective ate').The initial term of
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this Orders all be three (3) years commencing upon the Effective Date.
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C IEVEIT PROPOSAL
m SERVICES AND FEES M
All fees associated with this Sales Order shall be invoiced in accordance with the schedule below and
payment terms shall be in accordance with the Agree ent.
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Care So[ution Annual 1 $24,000.00 $24,000.00
C nsite Kickoff& Cane-Time 1 $0.00 $0.00 �
Training Clay �
Plan Loads Cane-Time 0.00 $0.00
User Certification Annual 50 $0.00 $0.00
User Tier 1 (1-50) Annual 50 $300.00 $15,000.00 y
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Discount(15%) ®$ , .50.0
Total 0
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The num er cif Users is as specified above. Each User is required to have a distinct user identification and password
to the servace..See more detailed usage rules in the Agreement.Additional Users requires additional license fees at y
Current praee last.
The terms and pricingprovided herein are confidential and proprietary information ofAchBevelL Ameuntsstateca on
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this Order exclude any applicable taxes, duties,shipping or ether third-party fees ar dlor taxes. Any taxes or fees clue `)
will be calculated and specified on the applicable invoice. �
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C IEVEIT PROPOSAL
In Witness Whereof,the Parties hereto have caused this Sales Order to be approved by their duly
authorized representatives as of the date(s) indicated below.
Achievelt Online, LLC. Monroe County
e ® Kimberly Matthews
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Title: Title: County Ad inistrator
Date:
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C IEVEIT PROPOSAL
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Term&Conditions
Ac ievelt Online, LLC ("Ac ievelt") and Monroe County ("Customer") enter into the terms and
conditions sit forth below ("Terms") as of the_-------day _---------, 2020, re ardIri the
products and services identified on any sales order("Sales Order"). The Terms and the Sales Order are
hereby collectively referred to as the "Agree Brit".1r7 consideration of the premises and of the mutual
coveriants and obligations hereafter set forth,the parties agree as set forth below.
PLEASE READ THESE SUBSCRIPTION TERMS CAREFUL CAREFULLYAND PRINTC 'S RECORDS.
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1. SERVICES:Ac ievelt agrees to provide the services set forth on the Sales Order to Customer,
which Services may include Ac ievelt's proprietary software that is described on the Sales Order that is made available by Ac ievelt online via a U RL as well as implementation, consulting or E
support services (the "Services") stalely for Customer's own internal business purposes subject to
the terms of this Agreement.All rights riot expressly granted to Customer are reserved by 2
Ac ievelt and its llcerisors.The Services may be utilized by the number of Users set forth on a 0
Sales Order. "Users" earis a designated individual that cannot be shared by more than one �
individual but can be transferred or reassigned to a new designated individual replacing a former 0
individual no longer using the Services.
2. RESTRICTIONS; OWNERSHIP: Customer is permitted to store, manipulate, analyze, reformat,
print, and display the content, data and information included as part of the Services ("Content")
only for Customer's internal business use. Unauthorized use, resale, or commercial exploitation y
of the Services or the Content in any way is expressly prohibited. Customer agrees riot to reverse
engineer the Services or Content, or access the Services or Content in order to (i) build a
competitive product or service, (ii) build a product using similar ideas, features, functions, or
graphics of the Services, or(iii) copy any ideas, features, functions, or graphics of the Services or
Content. Customer shall riot copy, license, sell,transfer, make available, distribute, or assign the
Services,this Agreement or the Content to any third-party. Customer shall riot create Internet
"links"to the Services or"frame" or"mirror" any Content contained on, or accessible from,the
Services on any other server or I rite rnet-based device.Ac ievelt alone (arid its licensors,where
applicable) shall own all right,title, and interest, including all related intellectual property rights,
in and to the Services, Content, and any suggestions, ideas, enhancement requests, feedback, or
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C IEVEIT PROPOSAL
other information provided by Customer relati rig to the Services or the Content. The Achieve It
name and logo are trademarks ofAc ievelt, and no right or license is granted to use them.
3. FEES; EXPENSES; LATE PAYMENT; BILLING: The usage fees, as well as any other up-front fee, are
detailed on the Sales Order, exclusive of all taxes and begin on the date of Customer's acceptance
of this Agreement. Reasonable and necessary out-of-packet expenses associated with the
delivery of or'-site services, if any, including transportation to/from airports,to/from Customer's
locations (such as taxis,trains, rental cars, and air travel costs), business meals, and hotel
expenses will be invoiced monthly in arrears. Payment is due within 30 days after the date of the 2
irivoice.Ac ievelt charges and collects in advance for the use of the Services, payable annually by
check or credit card. Customer will be invoiced and billed upon each renewal of the >
Agree ente ay ents shall be made in US dollars and are non-cancelable grid rion- �
refundable.Any amounts riot paid by the due date will be subject to a late fee equal to one grid
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one-half(1.5%) percent per morith, orthe maximum amount allowed by law if less.Custo erwill
be liable for all costs of collection of undisputed overdue amounts including,without limitation,
all court costs and attorneys'fees Ac ievelt incurs.
. TERM;TERMINATION: Unless earlier terminated as set forth below,the term ofthis Agreement E
shall continue for a period of three (3) years. Either party may terminate this Agreement by
providing 30 days'written notice upon the material breach of this Agreement by the other party if
such breach or violation is riot cured during such notice period. In the evert of such a
termination,Ac ievelt shall riot be liable to Customer nor any third-party for any termination of
Customer's account or access to the Services. Upon expiration or termination of the Agreement,
all rights to access or use the Services terminate, arid,so long as Customer is riot in breach of this
Agreement,Ac ievelt will make available to Customer a file of the Customer Data within 30 days
of termination notice if Customer so requests.All provisions of this Agreement which by their
nature extend beyond the expiration ortermination of this Agreement shall survive the 0
termination or expiration of this Agreement.
5. PRIMACY; SECURITY: The privacy policy applicable to the Services car' be found online at
e t _ e II.-co rri.and Is hereby Incorporated Into this Agree m e n t by re ference.AchI eve It
reserves the right to modify this privacy policy in its reasonable discretion from time to time.
Ac ievelt shall use reasonably measures available to protect the security of Customer's data,
including data encryption and virus protection, but does riot warrant or guarantee that the
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Services are free from the vulnerability of Internet attacks.
6. CONFIDENTIAL INFORMATION: Each party may disclose to the other party certain Trade Secrets �
and Confidential Information of such party or of such party's associated companies, distributors,
licensors, suppliers, or customers. For purposes of this Agreement, "Trade Secrets" mearis
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C IEVEIT PROPOSAL
information that is a trade secret under law; "Confidential Information" mearis information, other
than Trade Secrets,that is of value to its owner and is treated as confidential; "Proprietary
Information" mearis Trade Secrets and Confidential Information;the "Disclosing arty" refers to
the party disclosing Proprietary Information hereunder,whether such disclosure is directly from
Disclosing Party or through Disclosing Party's employees or agents; and "Recipient" refers to the
party receiving any Proprietary Information hereunder,whether such disclosure is received
directly or through Recipient's employees, providers or agents. Recipient agrees to hold the
Proprietary Information disclosed by Disclosing Party in confidence and riot to, directly or
indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose,
cause to be disclosed, or otherwise trans er the Proprietary Information disclosed by Disclosing
Party to any third party, or utilize the Proprietary Information disclosed by Disclosing Party for
any purpose whatsoever other than as expressly contemplated by this Agreement. Customer
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acknowledges that the Services and Content are the Proprietary Information of Ac ievelt or its
licensors and other providers. The obligations in this Section shall continue for sea long as such
information constitutes Proprietary Information. The foregoing obligations shall riot apply if and
to the extent that Recipient establishes that the information communicated was publicly known E
at the time of Recipient's receipt or has become publicly known of ert an by a breach of this
Agreement. Customer acknowledges and agrees that Ac ievelt may have to provide Customer's
Proprietary Information or other data or information if Ac ievelt or its licensors or providers are
ordered by an administrative agency or other governmental beady of co petentjurisdiction to
disclose such information.
7. NO BUSINESS ASSOCIATE RELATIONSHIP: Customer represents and warrants that it will riot
provide Ac ieveltwith any Protected Health Information ("PHI") as that term is defined under the
Health Insurance Portability and Accountability Act and regulation's promulgated t ereunder
("HI '8)e °cause Ac ievelt does riot receive or process any PHI in the normal course of business �
in providing the Services to Customer or any of Ac ievelt's customers generally,Ac ievelt is riot a
Business Associate under H IPAA.Customerwill indemnify and hold Ac ievelt harmless from and
against any and all losses arising out of Customer's failure to comply with the warranty in this
Section 7.
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. ACCOUNT INFORMATION AND DATA:All data submitted by Cush erto Ac ievelt("Customer �
Data"),whether pasted by Customer or by third parties, shall remain the scale property of r-
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Customer or such third parties, as applicable, unless specifically notified in advance. Customer
rants to Ac ievelt the non-exclusive,worldwide, right to use, copy, store,transmit and display
Customer Data stalely to the extent necessary to provide the Services. Customer, riot Ac ievelt,
shall have scale responsibility forth° accuracy,quality, integrity, legality, reliability,
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C IEVEIT PROPOSAL
appropriateriess and copyright of all Customer Data, and Ac ievelt shall riot be responsible or
liable for any action taken by the Customer that results in the deletion, correction, destruction,
damage, loss, or failure to store any data.
9. USER MANAGEMENT: Users will be required to use login information to access the Services and c
comply with this A ree ent.Custo erwill manage and administer t e login information for its
designated Users.Custo er is responsible for all uses of the login information and all actions of
any individual using login information, including without limitation any breach by Customer or
Users of the terms and conditions of this Agreement. Customer will:(1) protect the confidentiality .
of all login information, and (2) notify Ac ievelt of any breach of the confidentiality of any login
infor ation.Custo er will riot provide login information to any person that is riot authorized to
access and use the Services.
10. MUTUAL INDEMNIFICATION: Each party shall indemnify and hold the other party, its licensors,
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and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees,
attorneys and agents harmless from and against any and all claims, costs, damages, losses,
liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with a
claim alleging that use of the Customer Data (in the case of Customer as the indemnifying party) E
or use of the Services (in the case ofAc ievelt as the indemnifying party) infringes the rights of, or
has caused harm to, a third party; provided that the indemnified party (i) gives written notice of
the claim promptly to the indemnifying party (ii) gives the indemnifying party scale control of the
defense and settlement of the claim (provided that the indemnifying party may riot settle or
defend any claim unless it unconditionally releases the indemnified party of all liability and such
settlement does riot affect the indemnified party's business); (iii) provides to the indemnifying
party all available information and assistance; and (iv) has riot compromised or settled such
claim.Ac ievelt shall have no indemnification obligation, and Customer shall indemnify Ac ievelt
pursuant to this Agreement, for claims arising from any infringement arising from the
combination of the Services with any of Customer's products, service, hardware, or business
process(s).
11. WARRANTY; DISCLAIMER OF WARRANTIES:Ac ievelt warrants that the Services will perform
substantially in accordance with its existing user guides with a minimumof 9 % upti e
availability (except for regularly scheduled and emergency mairiteriarice). Customer's scale
remedy and Ac ievelt's scale liability for any failure of the Services to conform with the foregoing
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warranty is to use commercially reasonable efforts to cure such failure. EXCEPT FOR THE
FOREGOING WARRANTY,ACHI V IT AND ITS LICENSORS MAKE NO REPRESENTATION,WARRANTY, 5
OR GUARANTYAS TO THE RELIABILITY, INT RN TAVAILABILITY, QUALITY, SUITABILITY,TRUTH, U
AVAILABILITY,ACCURACY, OR COMPLETENESS OF THE SERVICES OR ANY CONTENT;ACHI V IT
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C IEVEIT PROPOSAL
AND ITS LICENSORS DO NOT REPRESENT ORLIAR THAT (A) THE USE OFTHE S RVIC MILL
BE SECURE,TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY �
OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, ( ) THE SERVICES OR CONTENT OR ANY
INFORMATION PROVIDED BYACHIEVEIT WILL MEET CUSTOMER'S REQUIREMENTS OR c
EXPECTATIONS, (C)ANY STORED DATAWILL BE ACCURATE OR RELIABLE, ( ) ERRORS, OR DEFECTS
WILL BE CORRECTED, OR ( ) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COM ON NTS.CUSTOM R UNDERSTANDS THAT,
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS PARARAPH,THE SERVICE AND ALL �
CONTENT IS PROVIDED TO CUSTOMER STRICTLY ON AN "AS IS" BASIS;AND ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES,WHETHER EXPRESS, IMPLIED, STATUTORY, OR �
OTHERWISE, INCLUDING,WITHOUT LIMITATION,ANY IMPLIED WARRANTY OF MERCHANTABILITY,
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FITNESS FORA PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS,ARE
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HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAIN BYACHIEVEIT
AND ITS LICENSORS.The Services may be subjectto limitations, delays, and other problems
inherent in the use of the Internet and electronic communications.Ac ievelt is riot responsible for and delays, delivery failures, or other damage resulting from such problems. E
12. LIMITATION OF LIABILITY: EXCEPTARISING OUT OF A BREACH OF SECTION 2, IN NO EVENTSHALL
EITHER PARTYS AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY OR DUE FROM CUSTOMER
IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH
CLAIM. EXCEPTARISING OUT OF A BREACH OF SECTION 2, IN NO EVENTSHALL EITHER PARTY OR
ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OFANYTYPE OR KIN (INCLUDING LOSS O
DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY
MAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY
TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE,ANY �
INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT,EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. ADDITIONAL RIGHTS: Certain states and/orjurisdictions do riot allow the exclusion of implied
warranties or limitation of liability for incidental or consequential damages,so the exclusions set
forth above may riot apply to Customer.
14. GENERAL: Customer agrees to provide Ac ievelt with complete and accurate billing and contact
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information on the Sales Order. Customer agrees to update this information within 30 days of any
charge to it. Customer grants Ac ievelt the right to use the Customer's name grid logo in
Ac ievelt promotional and advertising material.This Agreement shall be governed by Georgia
law,without regard to the choice or conflicts of law provisions of anyjurisdiction.Any disputes,
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actions, claims, or causes of action arisi rig out of or in connection with this Agree ent or the
Services shall be subject to the exclusive jurisdiction of the state grid federal courts located in
Atlanta, Georgia. No text or information set forth on any other purchase order, preprinted form, or
document shall add to or vary the terms and conditions of this Agreement. If any provision of this
Agreement is held by a court of co petentjurisdiction to be invalid or unenforceable,they' such
provision(s) shall be construed, as nearly as passible,to reflect the intentions of the invalid or
unenforceable pravisiar'(s),with all other provisions remaining in full farce and affect. Na joint
venture, partnership, employment, or agency relationship exists between Customer and
AchI eve It as a result of this agree m Brit or use of the Services° The failure of Ach ieveIt to enforce
any right or provision In this Agree m Brit shall not coristitute a waiver of such right or provision
unless ackriowled ged and agreed to by AchieveIt In writir'g. This Agree m Brit co m prises the eritire
agree m Brit between Custo m er and AchieveIt and supersedes a I I prior or co rite m porarieous
ne otiatioris, discussioris, or agree m erits,wh eth er written or oral, between the parties re ardIn
the subject m otter coritaIned herein or to existi rig services or lieerises that were previously
purchased by Customer from Ac ievelt, including without limitation the terms of request for
proposal or Ac ievelt's response thereto or any agreement between the parties for existing E
services.Customer will riot assign or transfer this Agreement, by operation of law or change in
control or otherwise,without Ac ievelt's prior written consent,which consent shall riot be
unreasonably withheld. This Agreement shall be binding upon and shall inure to the beriefit of
the Parties hereto and their respective permitted successors and assi ris.Notwit staridiri
anything set forth herein to the contrary,Ac ievelt may modify or update these Terms by
providing electronic notice to Custo er.A Sales Order may be executed in ar'y number or
counterparts, each of which shall be deemed a part of the same original.
15. NOTIC :AII notices or other communications which may be required by either party to the other
party pursuant to this Agreement shall be in writing and shall be hard delivered (including
delivery by courier so long as a receipt or confirmation of delivery is obtained), sent by recognized
overnight delivery service (.such as Fed x°or U S°), or mailed by first-class, registered or certified
ail, return receipt requested, postage prepaid.Custo er's initial notice address is the billing
address set forth in the Sales Order.Ac ievelt's notice address is as follows:
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Chief Executive Officer/Chief Financial Officer
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Ac ievelt Online, LLC
1117 Perimeter Center blest, Suite N501 �
Atlanta, CA 30338
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Each notice which shall be mailed, delivered, or trans fitted in the manner described above
shall be deemed sufficiently giver', served, sari and received for all purposes at such time as it is
delivered to the addressee, or at such time as delivery is refused by the addressee upon
presentation; provided, however,that notices sari by mail shall be deemed received on the
third business day following the date such notice is deposited in the mail.
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In Witness Whereof,the Parties hereto have caused this Agreement to be executed by their duly
authorized representatives as of the date(s) indicated below.
Achievelt Online, LLC. Monroe County
: Kimberly Matthews
Title: Title: County Ad inistrator
Date:
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Addendum to ACHIEVIT Subscription Service Agreement
1) Payments.
A. County's performance and obligation to pay under this agreement, is contingent
upon annual appropriation by the Board of County Commissioners.
B. County's shall pay in accordance with the Florida Local Government Prompt 2
Payment Act;payment will be made after delivery and inspection by County and upon submission W
of invoice by ACHIEVIT. ACHIEVIT shall submit invoices with supporting documentation that
are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting
principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds.
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2) Books, Records and Documents. ACHIEVIT shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each parry to this Agreement or their
authorized representatives shall have reasonable and timely access to such records of each other
parry to this Agreement for public records purposes during the term of the Agreement and for four
years following the termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to ACHIEVIT pursuant to this Agreement were spent for purposes ,
not authorized by this Agreement, ACHIEVIT shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to ACHIEVIT.
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3) Attorney's Fees and Costs. The County and ACHIEVIT agree that in the event any cause
of action or administrative proceeding is initiated or defended by any parry relative to the
enforcement or interpretation of this Agreement,the prevailing parry shall be entitled to reasonable
attorney's fees, court costs,investigative, and out-of-pocket expenses, as an award against the non-
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Texas Rules of Civil Procedure and usual and v
customary procedures required by the court having jurisdiction in the state of Texas.
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4) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the County and ACHIEVIT and their respective legal c
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representatives, successors, and assigns.
5) Authority. Each parry represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
6) Adjudication of Disputes or Disagreements. County and ACHIEVIT agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions between
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representatives of each of the parties. The County and ACHIEVIT representative shall try to
resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not
resolved to the satisfaction of the parties, then any parry shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to
arbitration.
7) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation,execution,performance, or breach of this Agreement,County )
and ACHIEVIT agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. County and ACHIEVIT specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings related to this U)
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Agreement. �
8) Nondiscrimination. The parties agree that there will be no discrimination against any o
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred,this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. The parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of
1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color,
religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) 0
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42
USC §§ 6101-6107),which prohibits discrimination on the basis of age; 5)The Drug Abuse Office
and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91616), as amended,relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC
§§ 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, 0
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with E
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression,familial status or age; and 11)any other
nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
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9) Covenant of No Interest. County and ACHIEVIT covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and receive benefits
as recited in this Agreement.
0
U
10) Code of Ethics. County agrees that officers and employees of the County recognize and
will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or )
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
0
11) Public Records Compliance. ACHIEVIT must comply with Florida public records laws
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and ACHIEVIT shall allow and permit reasonable access to, o
and inspection of, all documents, records, papers, letters or other "public record" materials in its
possession or under its control subject to the provisions of Chapter 119,Florida Statutes, and made
or received by the County and ACHIEVIT in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract upon violation of
this provision by ACHIEVIT. Failure of ACHIEVIT to abide by the terms of this provision shall
be deemed a material breach of this contract and the County may enforce the terms of this provision
in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of
all attorney's fees and costs associated with that proceeding. This provision shall survive any 0
termination or expiration of the contract.
ACHIEVIT is encouraged to consult with its advisors about Florida Public Records Law in order
to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, ACHIEVIT is required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 0
(3) Ensure that public records that are exempt or confidential and exempt from public records E
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of ACHIEVIT or keep and maintain public records that would be required by the
County to perform the service. If ACHIEVIT transfers all public records to the County upon
completion of the contract, ACHIEVIT shall destroy any duplicate public records that are exempt
Packet Pg. 2992
P.2.b
or confidential and exempt from public records disclosure requirements. If ACHIEVIT keeps and
maintains public records upon completion of the contract, ACHIEVIT shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that is compatible with
the information technology systems of the County. U
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify ACHIEVIT of the request, and ACHIEVIT must provide the records to the )
County or allow the records to be inspected or copied within a reasonable time.
If ACHIEVIT does not comply with the County's request for records, the County shall enforce the
public records contract provisions in accordance with the contract, notwithstanding the County's U)
option and right to unilaterally cancel this contract upon violation of this provision by the
ACHIEVIT. A Contractor who fails to provide the public records to the County or pursuant to a
valid public records request within a reasonable time may be subject to penalties under Section o
119.10, Florida Statutes.
ACHIEVIT shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF ACHIEVIT HAS QUESTIONS REGARDING THE APPLICATION OF
0
CHAPTER 119, FLORIDA STATUTES, TO THE ACHIEVIT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-
3470
0
12) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida
Statutes, the participation of the County and ACHIEVIT in this Agreement and the acquisition of
any commercial liability insurance coverage,self-insurance coverage,or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the County be required to contain any provision
0
for waiver.
13) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under E
this Agreement within the territorial limits of the County shall apply to the same degree and extent
to the performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the County.
Packet Pg. 2993
P.2.b
14) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to,nor shall it be construed as,relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to,nor shall it be construed as, authorizing the delegation of the constitutional or statutory
duties of the County, except to the extent permitted by the Florida constitution, state statute, and )
case law.
15) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms,
or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or U)
entitlement to or benefit of any service or program contemplated hereunder, and the County and
ACHIEVIT agree that neither the County nor ACHIEVIT nor any agent, officer, or employee of
either shall have the authority to inform, counsel, or otherwise indicate that any particular o
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
16) Attestations. ACHIEVIT agrees to execute such documents as the County may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, Vendor Certification
Regarding Scrutinized Companies Lists, and a Drug-Free Workplace Statement.
17) No Personal Liability. No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
18) E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the U2
Contractor and any subcontractor shall register with and shall utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new 0
c
employees hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize
the U.S. Department of Homeland Security's E-Verify system to verify the work authorization
status of all new employees hired by the subcontractor during the Contract term. Any
subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract
with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject E
to the provisions of F.S. 448.095
THE REMINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
Packet Pg. 2994
P.2.b
IN WITNESS WHEREOF, each party has caused this Addendum to ACHIEVIT
Subscription Services Agreement to be executed by its duly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
M
By By
Deputy Clerk Mayor/Chairman
3
ATTEST: ACHIEVIT ONLINE LLC. c
v)
By By
d
Title Title
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2
0
0
Packet Pg. 2995
P.2.b
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
n 2
(Company) 0)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee." `)
d
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on
(date) by (name of affiant). He/She is
personally known to me or has produced (type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
Packet Pg. 2996
P.2.b
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition. y
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations. c
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
(Signature) c
Date:
STATE OF:
COUNTY OF:
0
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to
me or has produced (type of identification) as
identification.
NOTARY PUBLIC
My Commission Expires:
Packet Pg. 2997
P.2.b
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
0
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to
me or has produced (type of identification) as
identification.
NOTARY PUBLIC
My Commission Expires:
0
Packet Pg. 2998
P.2.b
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address: c
City: State: Zip:
Phone Number: .
Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section '
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for
goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. U)
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified o
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on �?
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties,attorney's fees,and/or costs. I further understand that any contract with
the County may be terminated, at the option of the County, if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized ""
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
Certified By: who is authorized
to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
c
Title:
Note: The List are available at the following Department of Management Services Site:
htt ://www.dms.mvflorida.coiz/business o erations/state urchasin�/vendor inforiization/convicted sus
Mended discriminatory corn laints vendor lists >
0
Packet Pg. 2999
P.2c
1/9/19
FROM: Kimberly Matthews,Senior Director of Strategic Planning
RE:Justification of Sole Source Procurement of Achievelt s
2
r
After much research,communication with various vendors,conversations with my colleagues and 0
product demonstrations,we have determined that Achievelt is the only solution that meets our needs,
resources,and culture.
Achievelt is the ONLY tool that offers the ability to create/track/manage unlimited Plans on one M
platform while still linking them if necessary and making them all available for reports and viewing by M
the public,administration or Commission.
r
Achievelt is the only vendor that offers the below compliment of features/services that are all
necessary for the successful adoption of performance management and data-driven government into n
our organization. I was unable to find in any other tool that offered all these features despite
communication with representative from, receiving live product demonstrations of Envision and/or
reviewing product specs for other industry leading tools including: Envisio, OnStrategy,Cascade, i-Nexus, M
Decision Lens. I therefore request that we procure Achievelt as through sole source. CL
.
M
Added Features of Achievelt:
g
• Achievelt will provide all data entry at no additional cost,thus reducing our in-house workload.
The Office of Strategic Planning is an office of one and this additional workload is unmanageable
in-house.
• Achievelt will provide on-site and on-going training and technical support for our users and o
specifically our Senior Leadership. Culturally,the adoption of a robust performance CL
CL
measurement system will be a large adjustment and this personalized,on-site training included
with the package is necessary to ensure successful adoption of not only the tool but the very
r
concept of performance measurement.
r
• Achievelt manages the notification and reminder of updates to each user individually and as
g
needed. This is essential do to the limited resources of my Office and the more intangible need
to remove the"personal nagging"factor. An email from the tool itself implies no judgement
and will allow users to
• Achievelt offers users the ability to use their desktop,cell phone,or tablet to update their data.
This flexibility removes artificial barriers to timely data entry.
0
Respectfully,
Kimberly Ma hews
U
r
r
Q
Packet Pg.3000
P.2.d
PHONE
770.462.8647
® EMAIL
swaliaga@achieveit.com
ac: h i e v e ADDRESS
1117 Perimeter Center W, N501
0
Atlanta,GA 30338
Antonio Davila Ch
IT Project Manager February 6, 2020 �
Monroe bounty
0
Many tools are designed to help a team organize & collaborate around single plan or project. But When
an agency like Monroe fount is nnana in critical initiatives Which are related to strategy, tracking g y y g g gyr g
towards outcomes & performance management, there's neverjust one single plan, and it takes massive
coordination to manage everything from multiple Mans. Your agency Mans are typically integrated and
span across departments and locations—each with their own individual Mans being nnanaged in different
tools and reporting in different formats. Project management and strategic Manning tools are simply not 0.
built for Mans that are intertwined and overlapping, which is what you need when tying strategy to the
outcomes you are trying to achieve as a bounty.
Ultimately, most agencies turn to Excel & PowerPoint for their default reporting mechanism.This time
devouring, disorganized process makes it challenging for counties to drive results. This siloed view
provides no reporting uniformity, severely limits visibility, and ultimately makes it difficult to hold people
accountable.
What agencies like Monroe bounty really need is one system that lets them see through silos, keep all
data uniform and up-to date, and makes it easy to keep everyone on the same page and in-the-know. cv
This is known as Integrated Plan Management, a space where Achievelt alone gives you the ability to see
cross functionally &get things done.
Integrated Plan Management is being able to track and report on all of your interconnected Mans in a
single, automated platform with the ability to link to other Mans and provide a cross functional view that
has never been done before. It combines all the best parts of reporting tools in one platform. It has... c
The high-level overview of a lousiness intelligence tool �
c
The structure of strategic Manning software
The automation of a customer relationship management (C;M) tool
The ease of email
0
The details of a project management tool
0
0
de alt specifically has these features all in one system that other tools do not:
0
•
Enable multilevel initiative tracking &a mechanism for linking initiatives across Mans or linking
them to multiple Mans for a cross function view
• Ability to show impact of a project to a larger initiative by showing a link between them
'�5"- p Packet Pg. 3001
P.2.d
PHONE
770.462.8647
® EMAIL
swaliaga@achieveit.com
ac: h i e v e t ADDRESS
1117 Perimeter Center W, N501
0
Atlanta,GA 30338
• Seamless and effective mechanism to transition from email reminder to platform Without extra 0)
steps (e.g., no need for additional log-in) making it very easy to adopt &get automated updates y
on progress from various stakeholders on a regular cadence of accountability �
o Mobile app update ability as Well
0
• You can choose the terminology used for the levels in your plan as Well as how many levels you
have to each plan/ project & have it be custom to Monroe bounty; not locked into a specific
methodology, it's custom to your organization
• Ability to have public facing dashboards &choose Whet information to display �
• Ability to store metrics associated With various items and displays the progression or regression
of these metrics in an easy to understand summary or dashboard With customized options for
each level or set of stakeholders in the county
• Ability to gill into dashboards to see an entire historical audit trail of tiles &attachments,
commentary, collaboration, updates related to the progress
0
• A holistic view across everything Where you can see all of your plans and projects in 1 place With
their status & context
o Filter i Analyze progress at varying levels—e.g., by individual initiative, Within an overall
strategic direction, across the entire plan, by user, by department, by priority level or c
focus area, etc, to enable more specific cross functional views through our custom tags}.
• Ability to pull KPIs from multiple departments or plans into one dashboard to show their �
connection and impact on a major goal/initiatives in one place; hers to show that Whet you're
Working on is having the intended impact c
• Ability to provide an intuitive interface to build planning structures m
6
• Professional "services consultant from Achievelt assigned to Monroe bounty (separate from your
Customer "success Manager, trainer & plan loader) Who shares best practices in your process
0
success other counties have had that you can leverage; starts With an onsite kickoff &change
0
management Workshop
• Ability to assign different levels of access to users, allowing some users to only view, some to c
update information, and some to create new, modify, and edit plans.
"sincerely,
Saarah Wal iaga
'�5"- p Packet Pg. 3002