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Home My WebLink About930049.tiff RESOLUTION RE: APPROVE JOSTENS LEARNING CORPORATION SUPPORT SERVICES AGREEMENT WITH EMPLOYMENT SERVICES AND AUTHORIZE CHAIRMAN TO SIGN 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 a Jostens Learning Corporation Support Services Agreement with Employment Services of Weld County, commencing January 1, 1993, and ending December 31, 1993, with the 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 Jostens Learning Corporation Support Services Agreement with Employment Services of Weld County be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 11th day of January, A.D. , 1993, nunc pro tunc January 1, 1993. A // / BOARD OF COUNTY COMMISSIONERS ATTEST: I // fj�� WELD COUNTY, COLORADO Yi'f�'/� /�, �/• Weld County Clerk to the Board 4i � ,ftiyt�l„..) tE'➢L- A Constance L. Harbert, Chairman 77 // , / , Deputy Cl k to the Bard W. H. ster, Pro- em APPROVED AS 0 FORM: / 1 G orge �.` Baxter Cl County Attorney Daly K. Hall Barbara J. Kirkmeyer 930049 ti0wy ) cz . Hit , 3°Si5,/v5- 7878 N. 16TH STREET 2/92 SUITE 100 PHOENIX, AZ 85020 602 678-7272 Customer Name Weld County Division of Human Resources Date December 15, 1992 License Agreement Number Price Quote Number JOSTENS CORPORATION SUPPORT SERVICES AGREEMENT 1. SUPPORT SERVICES DESCRIPTION A. Software Maintenance/Support: Jostens Learning will provide maintenance of the System(s) under the referenced License Agreement. Suspension of services upon expiration ofiliis Agreement may result in a reinstatement fee. This support includes the following: • Enhancements will be provided for any licensed CD-ROM based, INVEST, Labnet and/or Take Home programs covered under this n contract. line d if on-line via • Technical a modem connport for the ected to the file serv(er,or p will be plicable,Stvided and-Alone sta means of a tion.toll-free Lc enseenis responsible forr providing suitable phone lines for the modem. B. Consumable Supplies: Jostens Learning Corporation.will provide consumable supplies necessary for the successful operation of the system for 50 students as a part of this Support Service agreement. If applicable, Jostens Learning will provide all consumable supplies necessary for the successful operation of the System. 2. SITE(S) The above services will be provided at the following site(s). Site Name(s)/Lab No. # of Stations Street Address C State Zip Code Weld County/#L202407 Division of Human Resources 16 1551 North 17th Avenue Greeley CO 80632 SITE ADMINISTRATOR: Mr. Charlie Dalpra, (303) 356-4000, ext. 3451 3. TERM Support services will be provided for the period January 1, 1993 to December 31, 1993. The support vi will be tended on an annual l thirty the(30 prices days written re basis at cs and terms prevailing at that time,provided however either thn ssparty may cancel this annual extension 4. ASSIGNMENT Licensee may not assign this Agreement or its rights and obligations under this Agreement without the prior written consent of Jostens Learning. Jostens Learning, however, may assign this Agreement to any third party,,provided that such party assumes the obligations of Jostens Learning under this Agreement. Jostens Learning may also assign its right to payment under this Agreement or grant a security interest in this Agreement or such payment right to any third party without requiring that such third party be liable for the obligations of Jostens Learning under this Agreement. 5. LATE PAYMENT If any invoice is not paid when due,in addition to such other rights as Jostens Learning shall have(including, without limitation, the suspension of support services and warranties),Licensee agrees to pay interest thereon at the rate of 2%per month or the maximum amount allowable under applicable state law,whichever is less,or part thereof plus such late payment charge as Jostens Learning may reasonably require to compensate Jostens Learning for additional costs of administration and collection. Should it be necessary for Jostens Learning to initiate a collection action, Licensee shall pay the expenses incurred by Jostens Learning, including reasonable attorney's fees. 6. TAXES AND DUTIES If the amounts set forth in this Agreement are subject to any tariffs, duties or taxes imposed or levied by any government or governmental agency including,without limitation, federal, state, and local sales, use,value added and personal property taxes,then Licensee agrees to pay any such tariffs, duties, or taxes (other than franchise and income taxes for which Jostens Learning is responsible) upon presentation of invoices by Jostens Learning. 7. BREACH AND TERMINATION If Licensee breaches any term of this Agreement or fails to make any payment,Jostens Learning shall have the right to terminate this Agreement immediately and all amounts which would have become due and payable under this Agreement will immediately become due and payable to Jostens Learning as liquidated damages. 8. FORCE MAJEURE If circumstances beyond the control of the parties shall temporarily make it impossible for either or both of them to perform their agreements under this A eement, then the principles of force majeure will apply and the rights and obligations of the parties will be temporarily suspended during the force majeure period to the extent that such performance is reasonably affected thereby. 9. ENTIRE AGREEMENT This Agreement and any other addenda attached to this Agreement,which is governed under Arizona state law,represent the entire Agreement between Jostens Learning Corporation and Licensee with respect to the Licensed System(s). Jostens Learnmg and Licensee agree that all other agreements,proposals,purchase orders,representations and other understandings concerning the Licensed system, whether oral or written,between the parties are superseded by this Agreement. No alteration or modification of this Agreement will be valid unless made in writing and signed by the parties. No attachment, supplement, or exhibit to this Agreement shall be valid unless initialed by an authorized signatory of Jostens Learning. 10. AUTHORITY OF LICENSEE Licensee represents to Jostens Learning that it has complied with all requirements necessary to authorize the execution of this Agreement. Further,Licensee represents that the person who has executed this Agreement has the authority to do so and once executed this Agreement becomes a binding contract enforceable against Licensee. 11. PAYMENT Licensee agrees to pay Jostens Learning $ 4.770.00 plus sales tax of NSA as follows: Date of Payment Amount January 1, 1993 $ 4,770.00 JOSTE NS LEARNING CORPORATION LICENSEE By LIC un(('f/'1:;G By /1/ Constance L. Harbert, Chairman 01/13/93 Kern' M. Klindtworth Weld County Board of Commissioners Manager of Sales Operations Type name and title December 15, 1992 bate n1 /11 /91 bate JOSTENS LEARNING CORPORATION COST PROPOSAL PREPARED FOR: Mr.Charlie Dalpra Weld County Division of Human Resources DATE PREPARED: 15-Dec-92 Continuing Support Services for One Year January 1,1993 to December 31,1993 16 STATION INVEST LABORATORY Laboratory Number: L202407 District Number: L202406 Continuing Support Services: $4,770.00 Includes: -Software Enhancements and Replacement Coverage -Remote Diagnostics/Technical Assistance(Modem Support and Toll-Free Helpline) -Consumable Supplies(Workbooks)for Fifty Students $4,770.00 TOTAL COST: Note: Prices are valid for sixty(60)days from the date of this quote and,if applicable,are subject to sales taxes. All prices quoted, with the exception of hardware,are proprietary and confidential. C mEmORAnDUm tei47.; Constance L. Harbert, Chairperson W�`P 1,oard of County Commissioners January 8, 1993 To Date COLORADO From Walter J. Speckman, Executive Director, Human Resources � k Subject: Purchase of Services Agreement between Employment Services of Weld County and Jostens Learning Corporation Enclosed for Board approval is the Purchase of Service Agreement between Employment Services of Weld County and Jostens Learning Corporation. Total cost of the Employment Training Center/Invest Learning Center purchase is $4,550.00. Due to grant requirements, we must encumber the total cost for the Center by June 30, 1993. The term of this Agreement is from January 1, 1993 through December 31, 1993. If you have any questions, please telephone me at 353-3816. 53CD49 Hello