HomeMy WebLinkAbout20240615.tiffRESOLUTION
RE: APPROVE AMENDMENT #5 TO AGREEMENT FOR SERVICES FOR MOTOR
VEHICLE SELF-SERVICE KIOSKS AND AUTHORIZE CHAIR TO SIGN -
INTELLECTUAL TECHNOLOGY, INC.
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 Amendment #5 to an Agreement for
Services for Motor Vehicle Self -Service Kiosks between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Clerk and
Recorder's Office, and Intellectual Technology, Inc., commencing February 21, 2024, with further
terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #5 to the Agreement for Services for Motor Vehicle
Self -Service Kiosks between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Clerk and Recorder's Office, and
Intellectual Technology, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair, be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of March, A.D., 2024, nunc pro tunc February 21, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W J
Weld County Clerk to the Board
BY: Oa),G3 Cam.
Deputy Clerk to the Board
AP" :VED
ounty At orney Date of signature: 31)41z4
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Ross, Chair
Perry L B� ck, Pro-Tem
Mike Fxeeman
cott K. James
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04 /i2 /29
2024-0615
CR0035
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: CO Kiosk Amendment - Price Changes, EMV Reader instalations, and Check Readers
DEPARTMENT: Clerk and Recorder - MV DATE: 03/06/2024
PERSON REQUESTING: Carly Koppes
Brief description of the problem/issue:
ITI our vendor for our MV kiosks that we have for the public In some of the King Soopers in Weld County Is updating the pricing on the service fee
(increase by $0.55) and changing vendor from a third party payment to ITI payment, removing the check readers as they can no longer can get parts,
and updating software to allow for tap to pay, which will allow for Google and Apple pay to be accepted.
What options exist for the Board?
Sign the amendment to our contract so we can continue to use the kiosks that provide 1000's of customers services each month.
Consequences:
If the amendment is not signed our kiosks will be shut down to the public.
Impacts:
1000's of Weld County citizens use our kiosks each month - we have the most utilization in the State, if they shut down the 1000'$ of Weld
citizens will have to come into our office for those services and have an impact on the high service level we have.
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
Zero to the county.
Recommendation:
Place on the BOCC Agenda and sign the amendment.
Support Recommendation Schedule
Place grx.0BOCC Agenda Work Session Other/Comments:
Perry L Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
m�
clo
)-5
2024-0615
3/I I C12-0035
AMENDMENT 5 TO AGREEMENT FOR SERVICES
This amendment 5 to the Agreement for Services, is effective as of February 21, 2024 ("Effective
Date") (the "Amendment"), between Board of County Commissioners of Weld, State of Colorado,
of the State of Colorado, having its principal address at 1402 N. 17th Ave., PO Box 459, Greeley,
CO 80631 ("Agency"), and Intellectual Technology, Inc. a Delaware corporation having its
principal place of business at 2980 E. Coliseum Blvd., Suite 100, Fort Wayne, IN 46805
("Contractor", and together with Agency, the "Parties", and each, a "Party").
WHEREAS, the Parties have entered into an Agreement for Services, dated May 23, 2017 (as
amended February 12, 2018, December 1, 2019, January 31, 2021, and March 1, 2022, the
"Existing Agreement"); and
WHEREAS, Contractor and Agency desire to replace payment readers to allow for additional
electronic payment options, such as PayPal, Venmo, and Cash App;
WHEREAS, the Parties hereto desire to amend Schedule A of the Existing Agreement on the terms
and subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Definitions. Capitalized terms used and not defined in this Amendment have the
respective meanings assigned to them in the Existing Agreement.
2. Amendments to the Existing Agreement. As of the Effective Date, the Existing
Agreement is hereby amended or modified as follows:
(a) The following is added to section 8.D. of Exhibit A titled, "Payment
Options":
12. ITI shall utilize its preferred payment facilitator to process all charges made
through a kiosk. ITI will notify Agency of its assumption of payment
facilitation requirements and remove third -party processor. Agency agrees
to reasonably cooperate with ITI to complete a direct agreement with ITI
for such purpose.
13. ITI will update kiosk credit card readers to Chip style readers ("EMV") and
allow payment methods such as ApplePay, GooglePay, and SamsungPay.
14. ITI will add alternate electronic payment collection options to the kiosk,
such as PayPal, Venmo, Cash App.
(b) Section 3.A. of Exhibit A titled, "Compensation" is deleted and replaced
with the following:
A. The kiosk program is funded through a per Transaction fee for each
printed vehicle registration renewal to be charged to Customers of the
motor vehicle self-service kiosks. The Transaction fee shall be (1)
$3.50 for County operated locations and $4.50 per Transaction for
locations operated by a third -party and, (2) a credit card processing fee
of 2.30% of the aggregate vehicle registration renewal transaction
amount paid by credit or debit card or a $0.50 check processing fee for
each Transaction paid by Check. The County may elect to absorb all or
part of the above transaction fee upon written notice to ITI. A
"Transaction" is defined as issuance of a vehicle registration certificate
and decal(s) for one vehicle. The County reserves the right to request
that Contractor add other transaction capabilities and enhancements in
the future on terms reasonably satisfactory to both parties.
(c) The following provision is added to the Existing Agreement:
A. As of April 1, 2024, e -check acceptance will be decommissioned and
all references to and requirements for check or e -check acceptance are
removed from the Existing Agreement.
3. Limited Effect. Except as expressly provided in this Amendment, all of the terms
and provisions of the Existing Agreement are and will remain in full force and effect and are hereby
ratified and xmfirmed by the Parties. Without limiting the generality of the foregoing, the
amendments contained herein will not be construed as an amendment to or waiver of any other
provision of the Existing Agreement or as a waiver of or consent to any further or future action on
the part of either Party that would require the waiver or consent of the other Party. On and after
the Effective Date, each reference in the Existing Agreement to "this Agreement," "the
Agreement," 'hereunder," "hereof," "herein," or words of like import, and each reference to the
Existing Agreement in any other agreements, documents, or instruments executed and delivered
pursuant to, or in connection with, the Existing Agreement, will mean and be a reference to the
Existing Agreement as amended by this Amendment.
4. Representations and Warranties. Each Party hereby represents and warrants to the
other Party that:
(a) It has the full right, power, and authority to enter into this Amendment and
to perform its obligations hereunder and under the Existing Agreement as amended by this
Amendment.
(b) The execution of this Amendment by the individual whose signature is set
forth at the end of this Amendment on behalf of such Party, and the delivery of this
Amendment by such Party, have been duly authorized by all necessary action on the part
of suck Party.
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(c) This Amendment has been executed and delivered by such Party and
(assuming due authorization, execution, and delivery by the other Party hereto) constitutes
the legal, valid, and binding obligation of such Party, enforceable against such Party in
accordance with its terms.
[Remainder of page left blank intentionally. Signature page to follow.]
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DocuSlgn Envelope ID 700857B3-D121-4370-8E74-123B897ACCBF
IN WITNESS WHEREOF, the Parties have executed this Amendment 5 as of the Effective Date.
ATTEST: 6e• Board of County Commissioners of Weld,
Weld unty Clerk to the Board State of Colorado
By:
Name: Kevin D. Ross MAR 1 1 2024
Title: Chair
Intellectual Technology, Inc.
Oow5ipneo by:
By:
Name: [crew lc Tolson
Title: Chief Executive Officer
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AMENDMENT #5 TO AGREEMENT FOR SERVICES FOR MOTOR VEHICLE SELF -SERVICE
KIOSKS - INTELLECTUAL TECHNOLOGY, INC.
APPROVED AS TO SUBSTANCE:
Department He or ted fficial
APPROVED AS TO FUNDING:
Chief Financicer, or Controller
APPROVED AS TO FORM:
County Attorney
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