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but this will not affect your rights or our obligations under this Licence. 9.2. You may only transfer your rights or your obligations under this Licence to another person if we agree in writing. 9.3. This Licence constitutes the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between us, whether written or oral, relating to its subject matter. 9.4. You acknowledge that in entering into this Licence you do not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence. 9.5. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Licence. 9.6. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. 9.7. A delay or failure to exercise or the single or partial exercise of any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. 9.8. Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 9.9. This Licence, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales. Bid Zip RFP #4548/Cerebra Consulting_979343/TabulationByVendor_RFP#4548_orgId_979343.pdf County of Hawaii Tabulation Report RFP #4548 - ELECTRONIC CASE MANAGEMENT SYSTEM Vendor: Cerebra Consulting Page of 1 1 General Comments: General Attachments: Cerebra Consulting, Inc. Response - RFP4548 Electronic Case Management System, County of Hawaii Corporation Counsel.pdf Bid Zip RFP #4548/Cerebra Consulting_979343/Cerebra Consulting, Inc. Response - RFP4548 Electronic Case Management System, County of Hawaii Corporation Counsel.pdf County of Hawai’i Office of Corporation Counsel RFP 4548 -- PROVIDE, MAINTAIN AND SUPPORT AN ELECTRONIC CASE MANAGEMENT SYSTEM FOR THE OFFICE OF THE CORPORATION COUNSEL, COUNTY OF HAWAI'I. Due Monday, May 6, 2024 at 4:00 PM HST Submitted by: Cerebra Consulting, Inc. 2 Table of Contents Transmittal Letter ................................................... ....................................................................................... 3 Cerebra Background & Expertise .............................................................................. ..................................... 4 References .................................................................................................................................................... . 7 Requirements ................................................................................................................................................ 9 End User License Agreement ...................................................................................................................... 14 Technical Support .......................................................... .............................................................................. 14 Training ............................................................................................................ ........................................... 15 Qualifications of Project Team .................................................................................................................... 15 Project Approach and Plan .......................................................................................................................... 16 Implementation Methodology ............................................................................................................ 16 Data Migration ....................................................................... ............................................................. 18 Sample Implementation Plan ........................................................................................................... ... 18 Pricing .......................................................................................................................................................... 20 Sample Screenshots .................................................................................................................................... 22 Appendix A – Key Personnel Resumes ........................... .............................................................................. 31 3 Transmittal Letter Cerebra is prepared to implement and support the Legal Matters Accelerator (LMA) for the Hawai’i County Office of Corporation Counsel. We hereby affirm that our system can fulfill the technical requirements of Hawai’i County’s Office of Corporate Counsel. LMA is a highly flexible, web-based legal matters management system dedicated to public sector legal enterprises. The design of our product has centered around the needs expressed by federal, state, county, and city-level general counsel offices. We will capitalize on pre-existing LMA capabilities to meet most of the Corporation Counsel’s needs, and implement all remaining features through configuration, thanks to the platform’s low-code nature. The use of configuration as the primary means of meeting novel feature requirements limits or eliminates the platform’s technical debt, reduces the cost of maintenance, and promotes ease of adoption by Hawai’i County users. Tyler Technologies, Cerebra’s teaming partner, is the largest provider of U.S. public sector software solutions. For more than four decades, Tyler has been the trusted provider to build and manage similar case management applications. The core software underlying the proposed solution, Tyler’s Application Platform, has been in Production for over 15 years, having been iteratively enhanced to ensure it remains a market leader in the public sector case management market. At present, Tyler Technologies serves clients in more than 37,000 installations across 12,000 federal, state, and local government locations in all 50 states, Puerto Rico, Canada, the United Kingdom, and Australia. Our partnership with the core software provider, Tyler Technologies, Inc., is reinforced by a binding partner agreement; through this partnership Cerebra secures licenses, access to the platform, and technical assistance. While we have been a Tyler Implementation Partner since 2022, Cerebra has been working with Tyler’s Application Platform – upon which the LMA was developed – since 2020. Our recruitment and maintenance of a skilled roster of developers, consultants, analysts, and system administrators for the Application Platform solution, and by extension the LMA, has allowed us to consistently meet or exceed client expectations on Cerebra-Tyler joint engagements. The County of Hawai’i Office of Corporation Counsel can be confident in their selection of the Cerebra team and our proposed solution. I am Cerebra’s point of contact regarding business decisions made concerning this proposal and can contractually obligate the company and, as Public Sector Director, I am authorized to negotiate with the County. Please feel free to contact me directly if you need any further information or have any questions – thank you in advance for your consideration. Respectfully, Miles Bernhard Cerebra Consulting | Public Sector Director P: (215) 253-4737 | M: (914) 338-3575 270 Lancaster Ave, Suite D2 Malvern, PA 19355 4 Cerebra Background & Expertise Cerebra Consulting, Inc. is an organically grown, certified Minority Business Enterprise (MBE) founded in 2004. Since inception, we have specialized in the implementation of enterprise applications that digitize or automate clients’ organizational processes. In 2010, our business established a cloud solutions practice focused on the implementation of both customized and low-code Software as a Service (SaaS) and Platform as a Service (PaaS) solutions. This has culminated in the successful deployment SaaS/PaaS systems to Fortune 500 and public sector organizations across the United States and abroad, including Case Management Systems (CMSs) of over 15,000 active users. Cerebra Consulting is the developer and primary implementer of the proposed solution: Legal Matters Accelerator (LMA), built on the Tyler Technologies Application Platform (formerly known as Entellitrak). LMA was established and designed for public sector legal offices exclusively, with a focus on municipal attorney offices and general counsels. In addition to the capabilities brought to bear by the LMA, including modern user interface and design standards, low-code configuration capabilities for easy workflow creation and automation, and marketleading calendaring and document management capabilities, Cerebra maintains a core team of technical and functional experts. Our platform engineers boast a decade of platform-specific experience, and our courts and justice subject matter experts have assisted in the implementation of enterprise case management systems for 1,000+ users and stakeholders. Our success has been a direct result of our competitive advantages in this market, which include: 1. Concurrent User (CCU) model and pricing. Our software and maintenance costs are below the market average and we do not license by named user – as long as the number of active users does not exceed the CCU limit, any number of named user accounts can be created. The ease with which the platform can be scaled up or down has allowed clients to adjust licensing to accommodate for changes in requirements such as growth in internal personnel and surges in caseloads. 2. Implementation process. Our solution is designed for rapid deployment and installation – this is made possible through out-of-the-box features built to meet 80% of public sector legal office needs, and with the remaining 20% reached through rapid configuration, or for niche requirements, customization. 3. Security. Built upon the Tyler Entellitrak / Application Platform, the Cerebra LMA inherits FedRAMP Platform as a Service (PaaS) Moderate Authorized and can be hosted on FedRAMPapproved infrastructure. 325 NIST SP 800-53 security controls comprise the former, ensuring that our customers operate in a highly secure environment when processing sensitive information. 4. Flexibility. Through a low-code development model, changes or demands for growth in the system are addressed through configuration; this use of configuration rather than customization offers three primary benefits that have provide value to our clients: enhancements are incorporated more expeditious or even immediately; less technical debt is accrued through more consistent internal processes; and finally, thanks to a combination of a low-code and 5 cloud-hosted solution, client IT does not need to provision resources or hire full-stack developers to maintain and evolve the system as your organizational needs change over time. 5. Ease of use and ongoing support. Our objective is to democratize the platform, and allow you – the customer – to take ownership of the solution without feeling overwhelmed. We offer training prior to go-live, but unlike many of our competitors, Cerebra offers ad-hoc training post go-live through our support package to ensure your staff can optimize the solution’s use. In a similar vein, our customers are never charged for the number of tickets or requests made to our team – we are available to you, so your work does not stop. 6. Transparency. Cerebra details product specifications, capabilities, and services in our proposals prior to engagements with public sector entities to avoid the blindside of additional costs or expenses following our customers’ intent to award. Additionally, we assure customer ownership of all data entered into the platform in perpetuity, while still supporting the retrieval of such data at any time during the LMA lifecycle. 7. Courts and Justice Subject Matter Experts: Cerebra’s team is not only comprised of experienced legal software developers and analysts, but also courts and justice technology experts that have a three-decade long history in the field. Our Subject Matter Experts have assisted in the creation of best practices for the National Association for Court Management (NACM) and played a critical role in establishing “Caseflow” as a standardized process. Company Information CHART 1 – COMPANY INFORMATION Information Requested Vendor Response Company Name Cerebra Consulting, Inc. Address 270 Lancaster Ave, Suite D2 City, State, ZIP Malvern, PA 19355 Vendor’s State of Formation/Incorporation Pennsylvania Date of Incorporation 02/28/2006 Company Website https://cerebra-consulting.com/publicsector/ Primary Contact Person Miles Bernhard Primary Contact’s Title Public Sector Director Primary Contact’s Email Address miles.bernhard@cerebra-consulting.com Primary Contact’s Phone Number (914) 338-3575 Socio-Economic Category Small Business, Minority Business Enterprise Employee Count 388 Chart 2 – Names of Principals Principal Officer Role Siva Pola Chief Executive Officer Raju Duvvapu Solutions Practice Director Srinivas Akundi HR and Operations Director Miles Bernhard Public Sector Practice Director 6 Tyler Business Relationship Cerebra is a certified reseller of Tyler Technologies’ Application Platform, pursuant to our Implementation Partner Agreement (IPA) and White Label Agreement (WLA) for the development of our proprietary solution, the Legal Matters Accelerator. We work alongside Tyler Technologies to maintain our solution’s core software in line with the Application Platform’s Long-Term Support (LTS). Tyler’s Application Platform has been available for 20 years and was FedRAMP Moderate authorized (PaaS and SaaS) in 2014. The LMA inherits these authorizations thanks to its build on the Application Platform’s native software development kit. As a cloud-hosted and web-accessed platform, implementation does not require equipment technicians, and Cerebra will be using its own certified personnel for the implementation of the platform; it is to this extent that we foresee zero certified local equipment technicians or technical personnel substantially enhancing our ability to perform the proposed scope of work. 7 References The following references are for LMA’s core software, the Tyler Technologies Application Platform (formerly known as Entellitrak). To be clear, LMA was built upon the Application Platform using the native software development kit – as have all the solutions for the references listed below. Accordingly, these qualifications underscore the configurability and success of the Application Platform across different government agencies with similar case management requirements. Federal Deposit Insurance Corporation (FDIC), Security Enterprise Programs Section (SEPS) Cerebra supported the implementation of the FDIC’s Personnel Security Unit (PSU) Case Management System (CMS), powered by the Application Platform. The system is utilized by over 500 internal users and 5,000 annual external users and streamlines the Corporation’s applicant, active personnel, and vendor suitability investigations – including their review by FDIC’s Legal Division liaisons. Our team translated functional requirements into technical features, played a key role in the migration of over 13,000 documents and associated metadata, supported the system’s integration into the Corporation’s existing IT architecture, and promoted the system’s, and its enhancements’, adoption through effective communication and training services. We continue to support the system’s daily administration / customer support and enhancement efforts, in addition to leading all data extraction, analysis, and operational reporting. Contact Details Client Name FDIC SEPS Contact Person Cynthia A. Ambrose, Personnel Security Specialist and Technical Monitor Address 3501 Fairfax Drive, Arlington, VA 22201 Telephone No 571-214-0781 Email cambrose@fdic.gov Date December 2020 - Present Department of Labor, Office of Appeals The Department of Labor (DOL) procured LMA’s core underlying software, Application Platform (AP) to be its appeals case management and reporting system within the Office of Appeals, an initiative of the Department of Labor’s adjudicatory agencies to integrate and improve computer, communications systems, and business processes to make DOL’s formal hearings and appeals more accessible and understandable for appellants, attorneys and other interested parties. AP achieved these goals and replaced the old in-house solutions that were either too rudimentary or too prone to error to support the appeals process much longer. AP supports over 200 named users nationwide and supports various program areas such as the Administrative Review Board (ARB), Benefits Review Board (BRB), Employees’ Compensation Appeals Board (ECAB), and Office of Administrative Law Judges (OALJ) (collectively, The BOARDS). AP’s highly configurable nature supported adaptation to the unique needs of the diverse BOARDS entities including automations of content management, workflows, file capture and sharing, searching, and reports. This has improved metrics for accessibility of appellant data in a secure manner for DOL employees and citizens. The AP’s external access, eFile, module is used to digitally, and securely, collect appeal request forms from users, and is supplemented with email notifications, live status updates, as well as the ability for external users to update their appeal information and documents when allowed by DOL attorneys. 8 Contact Details [NOTE: This is a Tyler Technologies Customer] Client Name Department of Labor, Office of Appeals Contact Person Chuck Patel, Contracting Officer Address 200 Constitution Ave NW, Washington, DC 20210 Telephone No 202-693-5032 Email Patel.mahesh.k@dol.gov Date August 2023 – Present United States Department of Agriculture (USDA), National Appeals Division The mission of the United States Department of Agriculture (USDA), National Appeals Division (NAD) is to conduct impartial administrative appeals hearings and review adverse program decisions made by officers, employees, or committees of designated agencies of USDA. NAD transitioned directly from their manual business processes to a novel Application Platform-based NADTrack system, which handles Legal Matters involving program decisions of the Farm Service Agency, Risk Management Agency, Natural Resources Conservation Services, Rural Business-Cooperative Development Service, Rural Housing Service, and the Rural Utilities Service. The system processes over 5,000 legal matters annually, capturing a variety of dates and statuses throughout each matter’s lifecycle. This capability has allowed NAD to easily generate performancebased analyses and report on case throughput metrics. The system also captures hearing and review decisions and key documents, audio files, and other requests and responses to information inquiries in various formats. NAD employees, a geographically dispersed workforce, have greatly benefitted from the web-based system which allows them immediate access to matter data and documents. NADTrack also enforces NADdriven group and role permissions to limit access to sensitive information, as appropriate. Contact Details [NOTE: This is a Tyler Technologies Customer] Client Name USDA, National Appeals Division Contact Person Tracey Labarge, Management Analyst Address 1320 Braddock Place, Alexandria, VA 22314 Telephone No 703-305-1151 Email tracey.labarge@oha.usda.gov Date September 2019 - Present 9 Requirements # Requirement Response 1 Document management system compatible with Laserfiche, Microsoft Windows 10 and 11, Exchange/Outlook, Word, Teams and Adobe Acrobat Reader and Pro, for a variety of practice areas, including but not limited to litigation, long term projects, contract review, and transaction matters A core component of the Cerebra Legal Matters Accelerator is the Matter, or in Hawai’i County’s context, Document, type-driven workflows. Not only can document types be rapidly configured, but they can be routed through an approval workflow – from draft and review through finalization. Specific data fields, forms, templates, scheduled events, and notifications can also be ascribed and generated on a Matter-by-Matter (or Document-by-Document) basis. This feature is compatible with Windows 10 and 11, and supports the upload and download of documents originating from Exchange/Outlook, Word, Teams, and Adobe Acrobat, among numerous other file types. Additional details on the Document components are described below: - Templates can provide the baseline upon which to generate casespecific documents, all of which are automatically associated with the legal matter and accessible via displayed hyperlinks. Templates can be configured during the installation of our software and can either automatically reference case data or be edited using the native text editing feature (which includes rich text formatting and supports cooperative editing capabilities with other users on the platform) for a more tailored output. - Rules can be additionally configured of these assigned documents before allowing progression through the workflow, enforcing data capture and adherence to standard operating and matter management procedures. - Documents stored within the platform, or referenced in Hawai’i’s LaserFiche DM server, are assigned types; the list of types available being both pre-configured and open to additional configuration as needs arise by System Administrators. This grants the County flexibility to update and enhance this component of the system without system downtime or additional expenses. - Access to Matter-related documents is not only facilitated through the document tab associated with each record or Matter, or the searches or document management tools, but also through the tracking inbox and queues. Each contains a user, group, or role-specific listing of pending tasks, matters, or optionally even documents which can be prioritized and filtered. 2 Case and data conversion from, or compatibility with, Laserfiche. If the case management system is also a database, we will need to import or migrate data from Laserfiche to the new case management system. If the case management system is not a database, we need a case management system or software that involves both establishing compatibility with Laserfiche and also facilitating the exchange of Cerebra will respond to this requirement in recognition of the answers provided by the County regarding Laserfiche and the county maintaining Laserfiche and requesting an integration/interface. The Case Management System’s three-tiered architecture includes a database layer, and this database capability is included within the cost of our proposed licenses. Dedicated SOAP/REST-based APIs for communication via secure file exchange protocols enable advanced, multi-layer integrations with Laserfiche, enabling the County to make use of Laserfiche document management capabilities within the LMA’s case management system. Worth noting is that the LMA does include a dedicated, and fully integrated, Document Management module. Matter / Case documents are thus stored in the platform’s database. Cerebra can work with Hawai’i to determine an 10 information between the envisioned case management system and Laserfiche. optimal approach to integrate Laserfiche with the LMA or migrate Laserfiche documents and document metadata during the implementation period – both approaches have been considered in Cerebra’s quote to the County, so there are no impacts to Cerebra’s proposed fees regardless of Hawai’i County’s preference. If data migration is best performed in an out-year, however, this may require an additional cost. 3 Security features to protect confidential information Use of encryption for data in transit, motion, and at rest, to the standards of FedRamp certification, NIST 800-53, DIACAP, and DCID 6/3 for encryption and cryptographic processes ensures the security and protection of data passing through the system. The LMA solution is FedRamp Moderate approved and reauthorized on an annual basis, ensuring that it can be operated to the degree of Federal agency standards including those of the Department of Justice and other Federal entities, and this degree of data security is passed on to nonfederal entities, in this instance the Corporation Counsel. We consider the core components for protection confidential information to be: secure logins and access management, access restrictions and privilege management within the system, confidentiality tags and redaction, tracking of changes, and security of data through encryption and firewalls. Secure access and authentication of the platform are achieved through the integration with County and Corporation Counsel’s access management systems, and the platform’s embedded Multi-Factor Authentication (MFA). These mechanisms ensure that access is restricted to system users whose accounts are created exclusively by designated System Administrators. The Manage Users feature enables System Administrators to create user accounts, assign Roles, extend access, or lock and unlock accounts. System Administrators may also designate how users access the system (either through Single Sign-On – if configured, or locally using MFA or a username and password combination). System Administrators can configure role, user group, and user specific privileges on the basis of global, item type, or specific documents. For example, certain data fields can be made readable and searchable to some users and completely hidden to others. Supervisory roles can be granted the ability to delete certain records or documents, while staff roles are restricted from such privileges. These functions are managed through the configurable Administration capabilities in the system: 1. System Permissions: determines what modules and baseline functions a given role has access to (i.e. Search Module, Document Management Module, Timekeeping, Reporting etc.) 2. Tracked Data Permissions (depicted below): determines what data a user, role, or organization can Create, Read, Update, Delete, Assign, and Search (broadly referred to as “CRUDs”) 3. Reference Data Permissions: determines what data validation lists a user, role, or organization can edit (for instance, if there is a new Commission that is established after the deployment of the system, a user with Update permissions for the Commission Reference Data Table can add that new value to the listing) 11 Redaction and sensitive document controls through Document Management tools enable a variety of security measures to protect the integrity of matters including in-platform redaction, access limitation through passwords, locking of confidential documents, and the use of an audit log to record activities on the platform to the degree of user account, time, location, and documented changes. Every document additionally has a switch that can be toggled to identify it as “sensitive material” and only available to be accessed or even be aware of by a privileged user group. The read-only audit log tracks all data entry, modification, and update actions – including for documents. These actions are tracked by user identification, actions taken, the data entered, accessed, or modified, and the date and time of the actions. The administrator can manage and maintain audit logs that may be kept on the application for as long as required. Only the system administrator can archive audit logs. Archived audit logs are stored in a compressed format and can be retrieved at any time. 4 Court calendar case management and integration features with Microsoft Exchange/Outlook and Teams. In addition, we require the ability to calendar and track deadlines related to administrative hearings and meetings. The system must also permit administrative access for supervisors to monitor, track and create reports regarding the status of open work controls and cases. The open