HomeMy WebLinkAbout900542.tiff MEMORAnDum
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Gene R. Brantner, Chairman
Wilk Board of Weld County Commissioner�me June 19, 1990
Walter J. Speckman, Executive Director, Human Resources
COLORADO From
Employment Services Training Center
Submct
After review of various computer systems, Weld County Information
Services and Employment Services concur with the decision to purchase
the Employment Services Training Center.
Enclosed for Board approval is the Purchase Agreement between Employment
Services and Jostens Learning Corporation.
Total cost of the Employment Training Center/Invest Learning Center
purchased is Eighty-three Thousand, One Hundred and Fifty Dollars,
($83,150) . Due to grant requirements, we must encumber the total cost
for the Center by June 30, 1990.
If you have any question, please telephone me at 353-3815, extension
3363.
�{��� 900542
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�1[�� 6150 N. 16TH STREET 2/90
k rNaiG, PHOENIX,AZ 85016
•14 602 230-7030
Customer Name Weld County Division of Human Resources-Employment Services Attachment Number_3_
License Agreement Ntunber Date
Price Quote Number Dam
JOSTENS LEARNING CORPORATION `
HARDWARE AND/OR FURNITURE PURCHASE ATTACHMENT
1. HARDWARE DESCRIPTION
The following page details hardware and/or furniture purchased by Licensee from Jostens Learning Corporation,for the site listed
below:
Site Name Street Address City State Zip Code
Weld County Human Resources 1551 North 17th Avenue Greeley CO 80632
2. WARRANTY PROVIDED BY MANUFACTURER
Jostens Learning warrants the hardware and/or furniture purchased will be delivered new and in working order. Upon delivery,
hardware purchased from Jostens Learning under this Agreement will be covered by the terns and conditions of the manufacturers
warranty only,unless a Hardware Maintenance Suppon Service plan has been contracted for from Jostens Learning.
3. OWNERSHIP
Tide will remain with Jostens Learning or its assignee until the Licensee has made full payment for all items listed. Upon receipt
of full payment,title will pass from Jostens Learning or its assignee to Licensee.
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900542
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.
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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 attomey's fees.
6. TAXES AND DUTIES
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,and
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. Licensee further agrees to immediately return to Jostens
Learning the Licensed System(s),including all documentation. Licensee shall certify in writing to Jostens Learning that all copies or
partial copies of the Licensed System(s)have been either returned to Jostens Learning or otherwise destroyed and deleted from any
computer libraries or storage devices and are no longer in use by Licensee.
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 Agreement,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 Learning 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 arc 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 as follows:
Date of Payment Amount
June 30, 1990 $83,150
JOSTENS LEARNING CORPORATION LICEN
By By „
dArletAt
gene R. Brraqtner. Chairman. Wald Board
Type name and title type name and title of County Commissioners
June 20, 1990
Date Date 17111 ‘1
ATTEST:
.l
WELD COUNTY CLERK AND RECORDER
AND CLERK TO TilE /BOARD
.• e� �. c-tc4.4-a—_.90 542
De uty County Clerk �`
HARDWARE CONFIGURATION : IBM MODEL 80/MODEL 30-80286
JOSTENS LEARNING : INVEST — 16 Station Configuration
June 11 , 1990
Item # Description Unit Qty. Total
8580311 IBM PS/2 Model 80 , 1 . 44MB , 5 , 637 1 5 , 637
3 . 5" Disk Drive , -.
314MB Hard Disk, Keyboard ,
2MB RAM, 20MHz
6450605 2-8 Memory Adapter 837 1 837
6450379 2MB Memory Expansion Module 597 1 597
30F5280 80MB Internal Tape Drive 626 1 626
6280060 IBM DOS 3 . 3 87 1 87
8512001 PS/2 Color Monitor 384 1 384
4201003 Proprinter III 359 1 359
23F4190 32K Printer Buffer 33 1 33
1525612 Parallel Printer Cable 28 1 28
Network System Software 2 , 660 1 2 , 660
(Novell 2 . 15 ICLAS version)
1501223 PC Baseband Adapter/A 181 1 181
1501229 PC Baseband Adapter Cable 16 1 16
6134339 PC Baseband Extender 680 1 680
AP 1200 Back—up Power Supply 995 1 995
Power Strip w/Surge Protection 18 1 18
TOTAL, LAB MANAGER STATION $ 13 , 138
8530E01 IBM PS/2 Model 30 , 1MB , 80286 1 , 197 1 1 , 197
3 . 5" 1 . 44MB Disk Drive , Keyboard
8512001 PS/2 14 " Color Monitor 384 1 384
6450350 . PS/2 Mouse 59 1 59
1501216 Speech Adapter 222 1 222
6280060 IBM DOS 3 . 3 70 1 70
1501221 PC Baseband Adapter 181 1 181
1501229 PC Baseband Adapter Cable 16 1 16
Headset 10 1 10
Power Strip w/Surge Protection 18 1 18
TOTAL, PER STUDENT WORKSTATION 2 , 157
Number of Student Workstations k 16
TOTAL COST , STUDENT WORKSTATIONS 34 , 512
TOTAL, LAB MANAGER STATION + 13 , 138
HARDWARE TOTAL S 47 , 650
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900542
�y �, 6150 N. 16TH STREET 2/90
�J,a �I.� PHOENIX,AZ 85016
�,.,• 602230-7030
Customer Name Weld County Division of Human Resources-Employment Services
License Agreement Number Date
Price Quote Number Date
PRODUCT LICENSE AND SERVICE AGREEMENT
1. PAYMENT
Jostens Leaming Corporation and Licensee agree that Jostens Learning will provide products and
services,and Licensee agrees to pay Jostens Learning Corporation as follows:
A. PRODUCT DESCRIPTION
Lab# Licenses Attachment Number Price
INVEST Learning System 1 _$26,800
B. SERVICES DESCRIPTION
Lab# Description Attachment Number Price
_Consulting Services 2 _$6,600
_Consumable Materials 2 _$2,100
C. HARDWARE
Lab# Description Attachment Number Price
IBM-16 Stations 3 _$47,650
D. FURNITURE
Lab# Description Attachment Number Price
E. SALES TAX(as appropriate)
TOTAL PRICE =$83,150==---======
2. SHIPMENT
The Licensed System and other materials will be shipped to the site address(es)shown below unless
otherwise directed in writing:
Location Name Street Address City State Zip Code
Weld County Human Resources- 1551 North 17th Avenue Greeley CO 80632
3. NOTICES AND INVOICES
Notices and invoices will be sent to Licensee at the address(es)shown below,unless otherwise directed in writing:
Location Name Street Address City State Zip Code'
Weld County Human Resources- 1551 North 17th Avenue Greeley CO 80632
900542
i a• 6150 N. 16TH STREET 2/90
ko,,antx PHOENDC,AZ 85016
-'•4 r 602 230-7030
Customer Name Weld County Division of Human Resources-Employment Services Attachment Number_1_
License Agreement Number Date
Price Quote Number Date
PERPETUAL LICENSE ATTACHMENT FOR JOSTENS LEARNING CORPORATION
INVEST IN THE FUTURE: A PROGRAM FOR ADULTS SYSTEM SOFTWARE
1. USE OF LICENSED SYSTEM
Upon acceptance of this Agreement by Jostens Learning,a copy of the Licensed System,in machine readable form,will be
supplied to Licensee;and this Agreement authorizes Licensee to use(but not to copy)the Licensed System only at the location(s),
number of workstations,and hardware designated below:
Site Name and Address No.of Workstations Hardware Type
Weld County Human Resources- 1551 North 17th Avenue,Greeley, CO 80632 16 IBM
2. INVEST LEARNING SYSTEM DESCRIPTION
The Invest Learning System shall include: (1)the Jostens Learning Corporation Invest Learning System computer programs for
Literacy(Grades 1-4),Adult Basic Education(Grades 4-9)and GED Preparation;(2)Jostens Learning Corporation Invest
Management system;and(3)up to three days of initial inservice training.
3. DOCUMENTATION
With each Invest Learning System license,Jostens Learning shall deliver one set of documentation. Jostens Learning allows
Licensees of the Invest Learning System to make additional copies of all documentation for their own internal use. Additional
copies of documentation may be purchased from Jostens Learning.
4. LICENSE AGREEMENT FOR SYSTEM SOFTWARE TITLE,CONFIDENTIALITY AND RESTRICTIONS
Licensee and its employees or contractors will hold the Licensed System in strict confidence and will not remove or destroy any
proprietary markings indicating Jostens Learning's ownership.
Licensee will not make,or permit others to make, copies of or reproduce any part of the Licensed System in any form without
the prior written consent of Jostens Learning. In no event will Licensee decompile,disassemble,or otherwise reverse engineer any
Licensed System.
Licensee may use the Licensed System only at the designated site(s)as indicated in this License Agreement. Licensee will not
distribute the Licensed System or any modifications or enhancements,except for use at the designated site(s).
If Licensee desires to change designated site(s)the Licensed System may be trnsferred without a software relocation charge to
Licensee,but Licensee must give prior written notice to Jostens Learning of such move. Relocation to hardware not designated in
this Agreement must be to hardware and operating system configuration approved of by Jostens Learning.
5. WARRANTY AND LIMITATION OF LIABILITY
Jostens Learning warrants that it has the authority to grant this license. Jostens Leaming represents that the Licensed System will
operate according to such specifications published by Jostens Learning for the Licensed System provided that Licensee is operating
the Licensed System in accordance with specifications and has not,in any way,modified the Licensed System. If it is determined
that the Licensed System does not operate according to such specifications,Jostens Learning's only responsibility will be to use its
best efforts to cure the defect. NO OTHER WARRANTIES,WHETHER EXPRESS OR IMPLIED,INCLUDING,WITHOUT
LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ARE MADE BY JOSTENS LEARNING. IN NO EVENT WILL JOSTENS LEARNING BE LIABLE TO LICENSEE OR ANY
OTHER PARTY FOR ANY LOSS,INCLUDING TIME,MONEY,GOOD WII 1 AND CONSEQUENTIAL DAMAGES,
WHICH MAY ARISE FROM THE USE,OPERATION,OR MODIFICATION OF THE LICENSED SYSTEM.
Jostens Learning warrants that the Licensed System will be free from computer viruses,however there is no warranty against the
Licensed System being contaminated by viruses when being operated on the same hardware as other software.
Any warranties made by Jostens Learning will extend and be in effect only for the period that Licensee is entitled to use the
Licensed System and to receive support therefor.
6. COMPUTER HARDWARE,PHYSICAL FACILITIES,ACCESS
The Licensee shall be responsible for acquiring computer hardware as specified by Jostens Learning. The Licensed System
specifications are available in regularly published information by Jostens Learning. The warranties contained in this Agreement,
only apply so long as Licensee operates the Licensed System on the specified hardware.
The Licensee will provide: (1)a suitable and secure classroom or other facility; (2)standard school furniture;and(3)electrical
installation in accordance with specifications supplied by Jostens Learning,subject to local governmental ordinances. Jostens
Learning personnel shall be allowed access from time to time for purposes of testing,updating,and operating the Licensed System.
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900542
6150 N. 16TH STREET 2/90
PHOENDC,AZ 85016
602 230-7030
Customer Name Weld County Division of Human Resources-Employment Services Attachment Number_2_
License Agreement Number Date
Price Quote Number Date
JOSTENS LEARNING CORPORATION
SUPPORT SERVICES ATTACHMENT
1. SUPPORT SERVICES DESCRIPTION
A. Software Maintenance/Enhancements: Jostens Learning will provide maintenance/enhancement releases of the System(s)
provided under the referenced License Agreement.
B. Staff Development: Jostens Learning Corporation will provide two (one/two/four)on-site consulting visit(s)each
month of the school year. The second scheduled visit will be provided in months that school is in session for a minimum of three
(3)weeks. There will be a maximum number of one visit per week. The visits will include an initial inservice to train
school/district staff and follow-up consulting thereafter.
Jostens Learning Corporation will provide no (one/two/no)workshop(s)per year. These workshops may include
principals,teachers,coordinators and paraprofessionals from participating districts to facilitate the exchange of ideas and
information. Jostens Learning will invite two(2)individuals to the workshop from each licensed site.
C. Technical Assistance: Jostens Learning Corporation will provide educational and technical support for the system(s)installed by
means of a toll-free telephone "helpline".
D. Hardware Maintenance: Jostens Learning Corporation will not (will/will not) provide on-call technical support
and will provide no (one/no)scheduled preventative maintenance visits per month of the school year. Hardware that is
lost,stolen,or unrepairable_will not (will/will not)be replaced.
E. Assessment Services: Jostens Learning Corporation will not (will/will not)provide assessment services as a part of
this Support Service agreement. If applicable,student writing will be assessed on the bans of an individual best-effort writing
sample taken at the beginning and end of the school year. Each writing sample will be scored holistically by at least two trained
readers provided by Jostens Learning and the results of each scored writing sample will be reported for an individual child,for a
class,or for an entire school. On-site teachers will be trained in holistic scoring to do a mid-term analysis of student progress and to
provide ongoing diagnosis of student writing in terms of strengths and weaknesses.
F. Consumable Supplies: Jostens Learning Corporation will (will/will not)provide consumable supplies as a part of this
Support Service agreement If applicable,Jostens Leaming will provide all consumable supplies necessary for the successful
operation of the System.
G. Management and Assessment: Jostens Learning Corporation_will not_(will/will not)provide management and assessment
services as a part of this Support Service agreement. If applicable,Jostens Learning will assess and identify the reading and/or
mathematics deficiencies of individual students in the program. Through computer matching,an individual prescription will relate
the accessed deficiencies to materials provided in the System.
2. SITE(S)
The above services will be provided at the following site.
Site Name Street Address City State Zip Code
Weld County Human Resources 1551 North 17th Avenue Greeley CO 80632
3. TERM
Support services will be provided for the period August 1, 1990 to_July 31, 1991
The support services will be extended on an annual basis at the prices and terms prevailing at that time. Either party may cancel
this agreement with no less than thirty(30)days written notice.
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