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HomeMy WebLinkAbout20132342.tiffRESOLUTION RE: APPROVE AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN — INTERACTIVE PROCUREMENT TECHNOLOGIES BY BIDNET WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Interactive Procurement Technologies By Bidnet, commencing upon date of execution, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Interactive Procurement Technologies By Bidnet be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUN3 , COLORADO Weld County Clerk to the Board uhty Attorney Date of signature$& 0 4 2013 William F. Garcia, Chair arbara Kirkmeye ea: P% Teveer 9/5//3 2013-2342 P00019 MEMORANDUM To: William Garcia, Chair, Board of County Commissioners From: Trevor Jiricek, Director, EH and General Services Subject: Agreement for Services with Rocky Mountain E -Purchasing System Date: August 16, 2013 Enclosed for Board review and approval is an agreement for services with International Data Base Corporation doing business as Interactive Procurement Technologies (IPT) by BidNet (known to us as Rocky Mountain E -Purchasing System). The term of the agreement is one-year. It may be extended in one-year increments. The agreement will allow Weld County to utilize IPT's web -based solicitation system, providing on-line bidding services, including maintenance and support services. There is no cost to Weld County for these services. The agreement has been reviewed and accepted by Bob Choate in the County Attorneys office. I recommend your approval of this agreement. Enclosure. SERVICE, TEAMWORK, INTEGRITY, QUALITY 2013-2342 to INTERACTIVE PROCUREMENT �� TECHNOLOGIES by BidNet. AGREEMENT FOR SERVICES Phone #: (800) 835-4603 Fax #: (800) 721-6985 Parties to this Agreement: The parties to this Services Agreement (hereinafter referred to as "the Agreement") are Weld County Government (hereinafter referred as the "Participating Organization") and International Data Base Corp., doing business under the trade name Interactive Procurement Technologies by BidNet, a legally incorporated body having its principal place of business at 20A Railroad Avenue, Albany, New York 12205 (hereinafter referred to as "IPT"). RECITALS: WHEREAS the Participating Organization is in need of web -based solicitation and bidding services, including maintenance and support services; WHEREAS under the Agreement, IPT has developed a web -based solicitation system, providing on-line bidding services, including maintenance and support services (hereinafter referred to as "The Network") WHEREAS the Participating Organization wishes to join The Network and benefit from the services provided by WI'; THE PARTIES AGREE: 1. Description of Services: System Membership: The Participating Organization has agreed to join The Network. It is understood that IPT will provide the Participating Organization with access to The Network. 2. Term of Agreement This Agreement shall become effective on the date of the execution for an initial term of twelve (12) months (the "Initial term"). The Initial Term of this Agreement may be extended in one-year increments, without notice unless terminated by either party. 3. Payment for Services: 3.1 Participating Organization Fees: 3.1.1. Subscription Fees: There will be no subscription fees incurred by the Participating Organization under this Agreement. 3.1.2. Mailing Fees: IPT will send an invoice to the Participating Organization for reimbursement of postage fees incurred to produce the mailing to suppliers. 3.1.3. Press Release Fees: IPT will send an invoice to the Participating Organization for reimbursement of Press Release distribution fees incurred to distribute Press Release. 3.1.4. Programming Fees: The Participating Organization agrees to use The Network on an "as is" basis. Any customized work requested by the Participating Organization shall be made available at One Hundred and Twenty-five dollars ($125) per hour. Agreement for Services v 03IPT12 'PTINTERACTIVE PROCUREMENT 1 ECHNOLOGIES by BidNet Phone #: (800) 835-4603 Fax #: (800) 7214985 3.1.5. Surplus Auction Fees: Should the Participating Organization choose to use the Surplus Auctions program to sell unwanted goods and equipment, a 5% commission will be paid to IPT for items sold. 3.1.6. Future Enhancements: IPT reserves the right to offer future services to the Participating Organization which may or may not include service fees. 3.2 Supplier Registration Fees: 3.2.1. Basic Service: This option gives suppliers access to search for documents of interest for all Participating Organizations actively using The Network at no charge, but requires them to remember to login frequently to ensure they are able to view opportunities before they close. This includes bids, addendums and awards. 3.2.2. Optional Value Added Service: Suppliers that choose to register for the value added service option will be charged a nominal annual subscription fee. This includes notification from all Participating Organizations when bids, addendums and awards are posted on The Network that matches their profile. 3.2.3. Future Enhancements: IPT reserves the right to offer future services to all registered suppliers which may or may not include separate service fees. 4. Termination: This Agreement may be terminated by either party upon sixty (60) days notice. Notice shall be in writing, sent by certified mail, return receipt requested. 5. Entire Agreement This Agreement constitutes the entire understanding of the parties and the parties agree that there are no other understandings, representations or warranties, either expressed or implied, whether written or oral, made by either party, except as stated within this Agreement. 6. Amendments: No alteration of this Agreement shall be valid unless made in writing and signed by the parties and no oral understanding or agreements not incorporated herein shall be binding on the parties. 7. Governing Law: This Agreement shall be governed by the laws of the State of Colorado. 8. Severability: If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. 9. Work Product Ownership: Any copyrightable works, ideas, discoveries, inventions, patents, products, or other proprietary information developed in whole or in part by IPT in connection of this Agreement, will be the exclusive property of IPT. 10. Unauthorized Use: The Participating Organization agrees to require each user obtain a username and password to gain access The Network. Sharing of usemames and passwords is strictly prohibited. The Participating Organization also agrees to obtain written consent from IPTprior to showing demonstrations of The Network to any third party. Agreement for Services v 031PT12 Date: Signature: v PTINTERACTIVE PROCUREMENT TECHNOLOGIES t'6idNet® Phone #: (800) 835-4603 Fax #:(800)721-6985 11. Warranty: IPT shall provide its services and meet its obligations under this Agreement in a timely manner, using knowledge for performing the services which meet a standard of care equal to service providers similar to IPT on similar projects. 12. Signatures: The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. The parties hereto, by their duly authorized representatives, have executed this Agreement effective the day and year written under the Participating Organization below. Weld County Government 1 150 O Street Weld, CO 80631 Name: William F. Garcia Title: Chair, Board of Weld County Commissioners AUG 19 2013 Interactive Procurement Technologies by BidNet ®, a division of International Data Base Corp. Name: Dan Ansell Title: Vice President Agreement for Services v_03113112 o7i2/8- dy Hello