Loading...
HomeMy WebLinkAbout20163620.tiffcb t ac+ 11-1-145 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2024 Renewal for Sitelmprove Software DEPARTMENT: Information Technology PERSON REQUESTING: Ryan Rose V-`' DATE: 12/27/23 Brief description of the problem/issue: 2024 Renewal for Sitelmprove Software and Services. These are tools we use to audit our website and other systems to ensure conformance with Accessibility Guidelines and general content quality review. We are expanding our licensing to allow for additional functionality in 2024, but the costs are included in the 2024 budget. The agreement has been reviewed by the County Attorney. What options exist for the Board? 1) Renew the agreement for another year 2) Schedule work session to discuss Consequences: This software is critical to evaluating our conformance to accessibility standards. Impacts: delivers reports to web editors Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years: FY24 - $11256.64, included in approved annual budget Recommendation: It is the recommendation of the Department of Information Technology to renew this software subscription. Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Conscc-ni- 09,v/i6sk 1/1-7/2 Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: 1/41A2V-- 2UIto-3(0Z0 ITGUU5 Siteimprove Service Order A. Issued to: B. Order Details C. Product Details: Product Description Recurring Charges Usability Premium Support SEO Accessibility PDF-check of documents Quality Assurance & Policy Order Number: Q006624 Valid Until: 31 Jan 2024 Customer Contact Details: Weld County Jacob Mundt 14014 17th Avenue Greeley, Colorado 80631 United States Amendment Start Date: 31 Jan 2024 Initial Term Start Date: 01 Jan 2024 Term: 12 months Invoice Date': 31 Jan 2024 Payment Term: Net 30 Payment Method: Wire Transfer Currency: USD Limit Quantity Billing Period Usability Maps Each Pages Pages PDFs Pages 10 1 5000 5000 6000 5000 Annual Annual Annual Annual Annual Annual Total Added Contract Value : USD 1,594.30 The Service Order has an Estimated Annual Recurring Value of USD 11,256.60. Estimated Annual Recurring Value is calculated based on the monthly recurring revenue, so decimals differences can occur as the actual price is based on up to 9 decimals. Total Added Contract Value is the added contract value for the remaining period of the Current Tenn. The above amounts exclude VAT, GST, or applicable local Sales tax. This will be added to your invoice (only when applicable). All Services will be subject to a 3% price increase upon renewal. Following the Initial Term, the Services will automatically renew for successive terms of 12 months until terminated according to the Agreement.Customer will be invoiced at the start of any Renewal Term. 'On the Invoice Date Customer will be invoiced for any Additional Service Fee (if applicable) and the proportionate amount of the Prorated Subscription Fee, which will cover the period until the next applicable invoice date. The Subscription Fee will be invoiced on the StarURenewal Date in accordance with the agreed Billing Frequency. D. Limits: Please Refer to Section C. E. Terms: Page 1 of 5 Siteimprove, Inc 5600 West 83rd Street Suite 400 Bloomington Minnesota 55437 United States p2 0/Co ' cs6 Siteimprove General Terms: See Specific Terms below. Specific terms: On this Service Order the following specific terms and conditions apply: On this Service Omer the following specific terms and conditions apply: This Service Order and any use of Siteimprove services and software is at all times subject to the terms and conditions of Siteimprove's Software -as -a -Services Subscription Agreement # 85165 dated January 1, 2020, as amended below. The parties agree that the following terms apply if the Customer utilizes any of these services: - Professional services: https://www.siteimprove.com/legal/professional-services-agreement/ - Implementation services: https://www.siteimprove.com/legal/implementation-plan/ - Success Plan/ Premium Support Plan: https://www.siteimprove.com/legal/ - Learning Management System: https://www.siteimprove.com/legal/Ims-agreement/ F. Signatures: Customer Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, rL4o"^^� Kevin D. Ross, Chair Page 2 of 5 Siteimprove, Inc 5600 West 83rd Street Suite 400 Bloomington Minnesota 55437 United States c>20/6.--,36-9° Siteimprove Appendix A - Order Information 1. Purchase Order Information Is a PO number required for this Service Order? YES 'J NO LIX If YES, please enter the following information: Must the PO number be renewed for each Subscription term? YES NO Please enter: PO number PO Renewal Contact Name PO Renewal Contact Email PO Renewal Contact Phone Number 2. Required Invoice References Reference Page 3 of 5 Siteimprove, Inc 5600 West 83rd Street Suite 400 Bloomington Minnesota 55437 United States Siteimprove Appendix B —Company Information Customer Finance cepartment to complete 1. Bill to information If your Bill to address is different to the following address, please enter the information in section 1.1. Bill to Company name Weld County Bill to Street 14014 17th Avenue Bill to City Bill to State Bill to Posta code Bill to Courtry 1.1 Changes to Bill to address Bill to Comgany name Bill to Strew Bill to City Bill to State Bill to Posta code Bill to Courr_ry Greeley Colorado 80631 United States 1401 N 17th Ave Is your bill to address information a third party company YES J NO x� 2. Billing Method Please enter your pmferred Billing Method Email If Email, please go to Section 2.1. If E -invoicing please go to Section 2.2. 2.1 Billing Method Email Bill to emai Additional tilling email Additional tilling email 2.2 Billing Method E&invoicing E -invoice Portal Please enter the folbwing information E -invoicing Platform name Required a✓cess information billing.it@weld.gov E -invoicing i 3. PO number Required Is a PO number rewired on Siteimprove invoices YES II NO x Page 4 of 5 Sitelmprove, Inc 5600 West 83rd Street Suite 400 Bloomington Minnesota 55437 United States Siteimprove 4. Account Payable information Accounts Payable Email Accounts Payable Phone number billing.it@weld.gov 970-400-2521 5. Sold to information Below is the address where the Siteimprove Software as a Service/Product will be used. If you have any changes, please contact your internal purchaser to ensure changes are made before signature. Sold to Company name Weld County Sold to Street 14014 17th Avenue 1401 N 17th Ave Sold to City Sold to State Sold to Postal code Sold to Country 5.1 Company TAX/VAT number Greeley Colorado 80631 United States on file 6. Sales Tax information You may be subject to sales tax (or equivalent) unless you can provide proof of exemption prior to issuance of invoice. Exempt from sales tax? YES ki NO Li If yes, it is required to provide Siteimprove a copy of a valid Sales tax exemption form. Sales Tax exemption number on file For assistance or if any set-up documentation is required for Siteimprove to complete before an invoice can be processed, please contact accountsreceivable(a�siteimprove.com. Page 5 of 5 Siteimprove, Inc 5600 West 83rd Street Suite 400 Bloomington Minnesota 55437 United States Jacob Mundt Subject: Contract Review: Siteimprove, Due 1/1/2024 Attachments: 1365241_Quote_85165_Weld_County_Updated (3).pdf From: Carrie Hawes <cha@siteimprove.com> Sent: Tuesday, January 9, 2024 8:20 AM To: Jacob Mundt <jmundt@weld.gov> Cc: Cass Morris <camo@siteimprove.com> Subject: RE: Contract Review: Siteimprove, Due 1/1/2024 This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report Suspicious Jacob, Agreement 85165 is an internal number assigned to the quote that we processed in 2020 and refers to your 2020 order. I've attached it for your review. Regards, Carrie Hawes Renewal Manager 612-259-6396 Contract Form Entity Information Entity Name* SITEIMPROVE INC Entity ID* @00037482 O New Entity? Contract Name* Contract ID 2024 ANNUAL RENEWAL FOR SITEIMPROVE SERVICES 7745 Contract Status CTB REVIEW Contract Lead JMUNDT Contract Lead Email jmundt@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ANNUAL RENEWAL FOR SERVICES TO AUDIT THE ACCESSIBILITY OF OUR WEBSITES AND PUBLIC FACING APPLICATIONS. Contract Description 2 Contract Type* AGREEMENT Amount* $11,256.60 Renewable" NO Automatic Renewal Grant IGA Department INFORMATION TECHNOLOGY-GIS Department Email CM- InformationTechnologyGI S@weldgov.com Department Head Email CM- InformationTechnologyGI S- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Due Date Date* 01/13/2024 01/17/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date" 11/01/2024 Committed Delivery Date Renewal Date Expiration Date* 12/31/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 01/09/2024 Approval Process Department Head Finance Approver Legal Counsel RYAN ROSE CONSENT CONSENT DH Approved Date Finance Approved Date Legal Counsel Approved Date 01/09/2024 01/09/2024 01/09/2024 Final Approval BOCC Approved Tyler Ref # AG 011724 BOCC Signed Date Originator JMUNDT BOCC Agenda Date 01/17/2024 fin -lac+ I Dt1losg3 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2023 Renewal for Sitelmprove Software DEPARTMENT: Information Technology / GIS DATE: 12/14/22 PERSON REQUESTING: Ryan Rose Brief description of the problem/issue: Sitelmprove software is used in the IT department to audit the quality of our website content. It checks for errors in spelling, broken links, validates minimum standards of accessibility, and other technical items. Reports from Sitelmprove are sent to department web editors for quality control. This renewal ($9,245.23) was budgeted for in FY2023, and the agreement has been reviewed by the County Attorney. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) Approve the renewal to retain access to the software 2) Schedule a work session to discuss options. Recommendation: IT recommends to renew the software. Approve Recommendation Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine ,PM Schedule Work Session Other/Comments: ConVP+ 12/2/22 p2lar/o2A 201(o-3toZO (TOO O D Siteimprove, Inc 5600 West 83rd Street Suite 400 Bloomington Minnesota 55437 United States ORDER FORM Order Form for Weld County Offer Valid Through: 12/30/2022 Proposed by: Cassandra Morris Quote Number: Q-216999.3 Address Information Bill To: Weld County 1401 N 17th Ave Greeley CO 80631 United States Contact Name: Jacob Mundt Email Address: jmundt@weldgov.com Ship To: Weld County 1401 N 17th Ave Greeley CO 80631 United States Phone: (970) 400-2521 Term & Payment Details Start Date*: 1/1/2023 Subscription Term: 12 Months Renewal Term: 12 Months Renewal Price Increase: 3% Billing Frequency: Annual Payment Term: Net 30 days Billing Method: Email Payment Method: Bank Transfer Invoice Date: 1/1/2023 Automatic Renewal: [X] Extension to 85165. Except as set forth in this Order Form, the Terms and Conditions in 85165 will remain unaffected. Included Services Subscription Services Limit Type Quantity* Quality Assurance & Policy Pages 4,000 SEO Pages 4,000 PDF-check of documents PDFs 6,000 Accessibility Pages 4,000 Usability Usability Maps 10 Premium Support N/A 1 Achieve your digital potential info@siteimprove.com www.siteimprove.com Page 1 of 4 0 Siteimprove, Inc 5600 West 83rd Street Suite 400 Bloomington Minnesota 55437 United States Order Form for Weld County Offer Valid Through: 12/30/2022 Proposed by: Cassandra Moms Quote Number: Q-216999.3 *When Subscription Services share the same Limit Type, the Quantity specified represents an aggregated amount, which is shared by these services. Annual Subscription Fee: USD 9,245.23 Achieve your digital potential info@siteimprove.com www.siteimprove.com Page 2 of 4 0 Siteimprove, Inc 5600 West 83rd Street Suite 400 Bloomington Minnesota 55437 United States Purchase Order Information (Customer to complete) Order Form for Weld County Offer Valid Through: 12/30/2022 Proposed by: Cassandra Morris Quote Number: Q-216999.3 Is a Purchase Order (PO) required for the purchase or payment of the products on this Order Form? [x] No [ ] Yes Is PO renewal required for each invoicing term? [x] No [ ]Yes PO Number: PO requests must be sent to: Billing Information (Customer to complete) Billing Contact Name: Billing E-mail: Billing References: E -invoicing Information: Jacob Mundt billing.it@weldgov.com Sales Tax Information (Customer to complete) You may be subject to sales tax (or equivalent) unless you can provide proof of exemption. Are you exempt from sales tax? [ x] Yes, please attach exemption form. [ ] No. Achieve your digital potential info@siteimprove.com www.siteimprove.com Page 3 of 4 0 Siteimprove, Inc 5600 West 83rd Street Suite 400 Bloomington Minnesota 55437 United States Customer Signature Order Form for Weld County Offer Valid Through: 12/30/2022 Proposed by: Cassandra Morris Quote Number: Q-216999.3 By signing below, Weld County agrees to the subscription and payment terms of this ++� Order Form. On behalf of Customer: ATTEST. t6/A/1f �i• Weld C. v.. lerk t Name: Scott K. James, Chair Board of Weld County Commissioners BY: Date: DEC 2 8 2022 The Order Form must be executed and/or returned to Siteimpro _ ` "7I�: ti�� �.li x17 access date. If not, Siteimpmve may, without changing price or term length, adjust the first applicable access date. Achieve your digital potential info@siteimprove.com www.siteimprove.com Page 4 of 4 c>2016. — (o 2L Contract Form New Contract Request Entity Information Entity Name* SITEIMPROVE INC Contract Name. 2023 SITEIMPROVE RENEWAL Contract Status CTB REVIEW Entity ID* O00037482 Contract Description * RENEWAL FOR SITEIMPROVE SERVICES FOR 2023 Contract Description 2 Contract Type* AGREEMENT Amount* $9,245.23 Renewable* NO Automatic Renewal Grant IGA Department INFORMATION TECHNOLOGY-GIS Department Email CM- InformationTechnologyGlS weldgov.com Department Head Email CM- InformationTechnologyGIS- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO R N EYA WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID ❑ New Entity? Contract ID 6583 Contract Lead* JMUNDT Contract Lead Email jmundtAco.weld.co.us Requested BOCC Agenda Date* 12,28 2022 Parent Contract ID Requires Board Approval YES Department Project # Due Date 12/24/2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 11;'01 '2023 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 12,31;2023 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CONSENT 12120 2022 Approval Process Department Head RYAN ROSE DH Approved Date 12,20/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12;28;2022 Originator JMUNDT Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 12;20/2022 12/2012022 Tyler Ref # AG 122822 DocuSign Envelope ID: 58D96B8E-A9D1-481F-9AC7-A18FC29AEA7D Ofin+r-ac+ =D Tr 334 9 Act With Digital Certainty O Siteimprove www.siteimprove.com # 85165 Software -as -a -Service Subscription Agreement This Software -as -a -Service Subscription Agreement ("Agreement") is by and between Siteimprove, Inc., a California corporation with a business address at 7807 Creekridge Circle, Minneapolis, MN 55439, and its Affiliates (defined below) (collectively, "Siteimprove") and Weld County ("Customer" / "you" / "your") for Siteimprove services. This Agreement consists of the following: (A) this Software -as -a -Service Subscription Agreement document; (B) Exhibit A, "Website(s); (C) Exhibit B, "Terms and Conditions"; and (D) any other exhibits listed in this Agreement. This Agreement replaces the previous Agreement with Quote #38567. This offer is only valid if signed by you on or before December 20, 2019. After that date, please contact Siteimprove to issue a new offer. Below is a description of the modules that are included in the Agreement ("Included Services"): Product Bundle: Government & Non -Profit Complete Included Services Limits (the "Limits")* Quality Assurance Crawls website and identifies quality issues. 2,500 Pages Policy Allows Customer to set website parameters to ensure consistency in content. Accessibility Checks website against selected WCAG 2.1 accessibility standards and WAI-ARIA techniques. SEO Details technical and content -related issues affecting search engine rankings and traffic to the website. Priority Allows Customer to set criteria for order in which issues and errors are reported. This service requires the implementation of a script on the website. PDF Scanning 10,000 PDFs Response Monitors website's availability and performance. 3 Response Check Points Usability Understand your users' experience on your website with Heat Maps, Scroll Maps, Click Maps, Online User Survey, Internal Search Stats. 10 Maps Premium Support Plan The Limits consist of the following and their applicable definitions: Pages: A Page is an electronic document created with l-TML and accessible with a browser. Response Check Points. Response Check Points ere single URLs that are monitored for up -time and response time performance from a series of reliable servers across the globe. Yearly Page Views: Yearly Page Views are the total number of Page Views a website will generate over the course of 365 days. A .Page View' is a single view by a website user of a page on a website that is being tracked by the Siteimprove Analytics tracking code. If a user dicks reload after reaching the page, it is counted as an additional Page View. If a Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com I www.siteimgrove.p66 _ i sb n �i�(..i o1/oCof@0 Page 1 of 14 001C0-3CO3DO =.T000s DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty user navigates to a different page and then returns to the original page, an additional Page View is recorded. 0 Siteimprove www.siteimprove.com # 85165 PDFs: Portable Document Format (PDF) is a fle format that has captured all the elements of a printed document as an electronic image that you can view, navigate, print, or forward to someone else. To be included in this subscription a PDF must be hosted on one of the covered websites. Access to the services Please allow up to five business days for setup to the Included Services to be completed. The Included Services can be accessed at http://my.siteimprove.com. At that location, you can administer the logins for your authorized users. The Included Services also include training and tech support pursuant to Exhibit C. Academy Plus Siteimprove's Academy offers courses on Accessibility, Analytics, and SEO (each a "Course"). The Included Services also include access to Siteimprove's Academy Plus for up to 20 users at no additional charge. Academy Plus includes all Courses and learning tracks, a team leaderboard, administrative capabilities, and reporting. Academy Plus can be accessed through your dashboard at the URL stated above. Limitations The Included Services are subject to the following limitations: • Your use of the Included Services is subject to the Limits. If you exceed the Limits, we will notify you that continued use in excess of the Limits may subject you to additional charges which will be documented in a mutually -agreed change order. • Included Services may only be run on the website(s) listed in Exhibit A. • Websites can be added to the Included Services, subject to the approval of Siteimprove. • You must be the owner of the approved website(s). • You can only add websites — approved websites cannot be replaced with different websites. • Included Services may only be run on public websites that do not contain sensitive or personal information. Term The first date for this Agreement (the "Effective Date") is January 1, 2020. This Agreement will remain in force for a period of 1 year following the Effective Date (the "Initial Term"). After the Initial Term, this Agreement will automatically renew for one or more additional consecutive periods of 12 months (the "Renewal Term") until terminated according to Section 3 (Termination) of the Terms. Subscription Fees The annual subscription fee (excluding applicable taxes) for the Included Services is: $8,100 (the "Fee"). The Customer will receive access to the Services from the date of your signature below until January 1, 2020 free of charge. This Fee includes a discount of 16.92%, which is only valid through December 20, 2019. Invoices & Payments All invoices are sent to the email address listed in the Customer Information section. If an email address is not listed, your invoice will be sent to the most current email address that Siteimprove has on file. You will be invoiced as follows: Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com www.siteimprove.com Page 2 of 14 DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty 0 Siteimprove www.siteimprove.com # 85165 • Upon signing this Agreement, you will be invoiced $0. • The Agreement is free of charge from the date of your signature below until January 1, 2020, on which you will be invoiced for the Fee. • At least 45 days prior to the expiration of the Initial or Renewal Term, you will be invoiced for the Fee. All invoices must be paid pursuant to the terms set forth in Section 2 of the Terms and Conditions (Exhibit B). Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com I www.siteimprove.com Page 3 of 14 DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty Customer Information (Required) 0 Siteimprove www.siteimprove.com # 85165 You may be subject to sales tax (or equivalent). Sales tax is determined based on the below -entered service location. Sales tax is not included in the Fee. Service Address (Must be a physical address. The Service Address cannot be a PO Box) Name: WELD COUNTY c/o JAKE MUNDT Address: DEPARTMENT OF INFORMATION TECHNOLOGY - WELD COUNTY GOVERNMENT 1401 N 17TH AVENUE, GREELEY, CO 80631 Email: billing.IT@weldgov.com Phone: 970-400-2521 Billing Address (only complete if different from Service Address) Name: Address: Email: Phone: Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com www.siteimprove.com Page 4 of 14 DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty Customer Information O Siteimprove www.siteimprove.com # 85165 You may be subject to sales tax (or equivalent) unless you can provide proof of exemption. Are you exempt from sales tax? Yes, please attach exemption form. ❑ No. Is a Purchase Order Number ("PO") required? ❑ Yes, please provide Purchase Order Number: EC No If a PO is required, will you be providing a new PO for each invoice? ❑ Yes ❑ No, the provided PO number can be used for the initial invoice and all subsequent invoices Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com I www.siteimprove.com Page 5 of 14 DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty Signatures 0 Siteimprove www.siteimprove.com # 85165 By signing below, each party acknowledges that it has carefully read and agrees to be bound by the terms of this Agreement. This Agreement will become effective on the Effective Date. SITEIMPROVE Inc. r---DocuSigned by: '-E1 F585DB683F49A.. Weld County Signature Signature Matt Reindel Mike Freeman, BOCC Chair Name Name December 20, 2019 I 12:31 CST JAN 0 6 20_2O Date Date Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com I www.siteimprove.com Page 6 of 14 Oo/(o-J/W DocuSign Envelope ID: 58D96B8E-A9D1-481F-9AC7-A18FC29AEA7D Act With Digital Certainty Exhibit A: Website(s) The Included Services may be run on the following website(s): • www.weldgov.com Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com I www.siteimprove.com 0 Siteimprove www.siteimprove.com # 85165 Page 7 of 14 DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty Exhibit B:Terms and Conditions Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com I www.siteimprove.com O Siteimprove www.siteimprove.corn # 85165 Page 8 of 14 DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D t DE'F]NIITINS a. Interpretation. Capitalized terms used in these Terms and Conditions will have the meanings ascribed to them in the Agreement or as defined below. Terms other than those defined below will be given their plain English meaning and terms of art having specialized meanings in the software industry will be construed in accordance with industry standards. Unless the context otherwise requires, words importing the singular include the plural and words importing the masculine include the feminine and vice versa where the context so requires. b. "Affiliate" means any entity directly or indirectly controlling or controlled by or in common control with a party, where "control' is definec in this context as the ownership of at least fifty percent (50%) or more of the voting stock or other interest entitled to vote o n general decisions reserved to stockholders, partners, or other owners of such entity. An entity shall no longer be an Affiliate when through loss, divestment, dilution or other reduction of ownership; the requisite control no longer exists. c. "Confidential Information" means information that is marked or otherwise identified as confidential o r proprietary, that either party discloses on or after the Effective Date, to the other party or its parents, affiliates' employees, contractors, officers, directors, partners, agents, attorneys, accountants or advisors. Confidential Information includes: business processes, practices, methods, policies, plans, o perations, services, strategies, techniques, potential transactions, negotiations, pending n egotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, databases, records, financial information, results, accounting information, accounting records, legal information, pricing information, credit information, payroll information, staffing information, internal controls, security procedures, sales information, revenue, costs, communications, original works of authorship, customer information, and customer lists. N otwithstanding, information relating to S iteimprove's datacenters and security practices shall be considered Confidential Information. Confidential Information does not include information that: (a) was in the public domain prior or subsequent EtSrn*rove www.siteimprove.com to the time such portion was communicated to the receiving party, through no fault of that party; (b) was rightfully in the receivinc party's possession free of any obligation of confidence at or subsequent to the time such portion was communicated by the disclosing party; (c) was developed by the receiving party independently of and without reference to any information communicated by the disclosing party; (d) was communicated by the disclosing party to an unaffiliated third party free of any obligation of confidence; or (e) is approved by the disclosing party for release by the receiving party. Section 1(c) is subject to Colorado Open Records Act. Siteimprove is advised that as a public entity, Weld County Government (Weld) must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Notwithstanding the foregoing, in the event that Weld receives a request under the Colorado Open Records Act ("Act") for any records provided by Siteimprove to Weld County that may be subject to release, Weld County shall promptly notify Siteimprove, thereof so that it, may seek a protective order or otherwise assert any applicable exemption from disclosure under the Act. 7. INVO CES; PAYMENTS; PAST -DUE INVOICES; RENEW/A.1 S Unless expressly agreed otherwise, the Fee for the Initial Term will be invoiced on the Effective Date. At least 45 days prior to the expiration of the Initial or Renewal Term, Customer will be invoiced for the Fee for the Renewal Term. The Fee during any Renewal Term will be increased by 3% above the Fee in the immediately prior term. Customer will pay all invoices within 30 days of issuance. Unless expressly agreed otherwise, all prices are in United States Dollars. There is no charge for updates to, or new releases of, Included Services. However Siteimprove may launch new modules/services/products that are not covered by the Fee. In the event that an invoice becomes past - due, Siteimprove will notify Customer by phone or email. Ater Siteimprove has provided notice, Siteimprove Inc 17807 Creekridge Circle Minneapolis, MN 55439, USA +1 855 748 3467 info@siteimprove.com ( www.siteimprove.com Page 9 of 14 DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty Customer will have five business days to pay the past -due invoice. If Customer fails to make the payment by the end of the cure period, then Siteimprove reserves the right to: (i) begin charging Customer interest for the past -due amount at an interest rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is smaller; (ii) discontinue the Included Services; or (iii) terminate this Agreement pursuant to Section 3 (a) (Termination). 3. TERMINATION a. For Material Breach. Either party may terminate this Agreement in the event of a material breach by the other party of its obligations under this Agreement if the other party fails to cure the breach within 30 days after receipt of written notice of breach. b. For Convenience. During the Initial Term or Renewal Term, either party may terminate this Agreement at any time for its convenience, with or without cause, by giving written notice to the other party at least 90 -days prior to the start of the Renewal Term. Customer remains liable for payment of all Fees owed and will not be entitled to a credit or refund when the Agreement is terminated pursuant to this Section 3(b). 4. INCLUDED SERVICES Subject to the terms and conditions of this Agreement, Siteimprove will allow the Customer to access the Included Services. a. Ownership. Customer acknowledges and agrees that Siteimprove owns and shall remain the sole owner of all intellectual property rights vested in the Included Services created prior to or during the performance by the parties of this Agreement. This ownership right includes any inventions, patents, utility model rights, copyrights, design rights, mask works, trademark rights, or know-how, whether registered or not. b. Use. The right to access the Included Services is worldwide, non -transferable, non -assignable (except as permitted in this Agreement) and limited in time to access and use during the Initial and any Renewal Terms and solely for Customers internal business purposes by Customer's authorized agents. Customer will have access to the Included Services only for those website domain(s) authorized pursuant to this Agreement. c. Restrictions. This right is not a perpetual right to use, and Customer has no right to retain or to use the Included Services after termination of the Initial or Renewal Term. Customer has no right to rent, lease, assign, transfer, sublicense, display or Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com I www.siteimprove.com O Siteimprove www.siteimprove.com otherwise distribute or make the Included Services available to any third party. Without limiting the generality of any other provisions stated in this Agreement, the Included Services may not be (a) used in the performance of services for or on behalf of any third party or as a service bureau; (b) modified, incorporated into or combined with other software, or created as a derivative work of any part of the Included Services; (c) used to process any sensitive or personal information; or (d) used for any illegal purpose. Customer may not modify, disassemble, decompile or otherwise reverse engineer the Included Services nor permit any third party to do so except as expressly permitted by law. Page 10 of 14 DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty # 85165 Siteimprove reserves all rights not expressly granted to Customer under this Agreement. The use of Siteimprove's intellectual property beyond the express access grant in this Section 4 is outside the scope of this Agreement. d. Support. Siteimprove will provide support to the Customer pursuant to the agreed support plan attached as Exhibit C. In no event will Siteimprove be obligated to furnish support for any version of the Included Services that Customer has modified or altered in any way. e. Operational Data. The Included Services are designed to collect certain operational data, which may be used by Siteimprove for various business purposes, which may include customer support, verifying the need for and providing updates to the Included Services, market research and product planning, verifying Customer's compliance with the terms and conditions of this Agreement and protecting Siteimprove's intellectual property. If Customer has used the Included Services outside the parameters set forth in the Agreement, Customer will be required to pay additional fees to cover the additional use. f. Development Site. The Included Services may be used on a temporary staging environment, which hosts web content prior to the launch of Customer's new website (a "Development Site") for up to one (1) year at no additional charge ("Complimentary Scanning"). Customer's live website must be included in Customer's subscription, and the Limits applicable to a Development Site must not exceed the Limits of the mirrored live site. Customer's permanent testing environments which remain active post -launch for ongoing testing and maintenance purposes are not eligible for Complimentary Scanning. To add a Development Site, Customer must either: (i) add the Development Site via the Siteimprove platform; or (ii) submit a ticket through the Siteimprove Help Center (https://support.siteimprove.com). 5. REPRESENTATIONS AND WARRANTIES a. For Siteimprove. Siteimprove represents and warrants that: (i) it has the full power and authority to enter into and perform its obligations under this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by it and constitutes the valid, legal and binding agreement of it and is enforceable against it; (iii) Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com I www.siteimprove.com O Siteimprove www.siteimprove.com entering into and performing its obligations under this Agreement will Page 11 of 14 DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty not result in any breach of, or constitute a default under, any other agreement to which it is a party; and (iv) the Included Services will perform substantially as described in this Agreement, provided that it is used in accordance with the Agreement, including on the specified domains. These representations and warranties are only for the benefit of Customer. b. For Customer. Customer represents and warrants that: (i) it has the full power and authority to enter into and perform its obligations under this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by it and constitutes the valid, legal and binding agreement of it and is enforceable against it; (iii) entering into and performing its obligations under this Agreement will not result in any breach of, or constitute a default under, any other agreement to which it is a party; (iv) it has full and legal right or authorization to display, disclose, transfer, assign or convey the information set forth and accessible on the websites on which the Included Services will be administered; and (v) it is aware that the Included Services are designed and developed to handle information that can be viewed on a public website and acknowledges that any data scanned through the Included Services on a Development Site will be processed and stored by Siteimprove just as data scanned on a public website. c. Disclaimer. Except for the express representations and warranties listed in this Agreement, each party makes no representations or warranties of any kind, whether express or implied, and expressly disclaims all warranties of title, non -infringement, merchantability, and fitness for a particular purpose. Unless set forth in this Agreement, no oral or written information or advice given by either party will create a representation or warranty. 6. FORCE MAJEURE No party will be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control ("Force Majeure Events"). Force Majeure Events include: (a) acts of God; (b) flood, fire, 0 Siteimprove www.siteimprove.com # 85165 earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. A change in economic circumstances is not a Force Majeure Event. If a Force Majeure Event occurs, the Impacted Party will provide prompt notice to the other party, stating the period of time the failure or delay is estimated to last. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 days following written notice, either party may terminate this Agreement upon five days' written notice. 7. LIMITATION OF LIABILITY a. In no event will either party or its agents, officers, directors, employees, successors, assigns, or Affiliates be liable to the other party or its agents, officers, directors, employees, successors, assigns, or Affiliates for any indirect, incidental, consequential, punitive, or other special damages. This limitation includes any loss of profits, business interruption, goodwill, loss of data/content or the restoration of any of those items. b. In addition to and without limiting the generality of Section 7(a), the aggregate liability of either party for any and all claims arising out of or relating to this Agreement will, in any circumstances, be limited to the Fees paid or payable by Customer to Siteimprove for the right to access or use the Included Services during the Initial Term or any Renewal Term (as the case may be). 8. CONFIDENTIALITY Subject to Colorado Open Records Act, each party will: (a) hold Confidential Information in confidence; (b) use its best efforts to protect Confidential Information in accordance with the same degree of care with which it protects its own Confidential Information; and (c) not disclose the other party's Confidential Information to any third party, except in response to a valid order by a court or other governmental body or as required by law. The receiving party will promptly give notice to the disclosing party of any unauthorized use or Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com I www.siteimprove.com Page 12 of 14 DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty disclosure of the disclosing party's Confidential Information. The receiving party agrees to assist the disclosing party in remedying any such unauthorized use or disclosure of the disclosing party's Confidential Information. At any time, upon written request, the receiving party will return or destroy the Confidential Information that the disclosing party has provided to it. 9. ASSIGNABILITY 1. This Agreement is binding upon and will inure to the benefit of the parties, their legal representatives, successors, and assigns. Except as otherwise expressly provided in this Agreement, neither party may assign, transfer, convey or encumber this Agreement or any rights granted in it, either voluntarily or by operation of law, without the prior written consent of the other party. Any attempt to do so is null and void. Notwithstanding the foregoing, a party shall have the right to assign this Agreement to its parent entity or affiliates or to a successor entity in the event of a merger, consolidation, transfer, sale, stock purchase, or public offering, provided the assignee is subject to all obligations of the Agreement. 10. NOTICES Unless expressly set forth in the Agreement, all notices and other communications required by this Agreement must be in writing and sent to the parties at the addresses set forth below via overnight courier service, express postal service, or email with read - receipt. Notices are effective only: (a) upon receipt; and (b) if the party giving the Notice has complied with the requirements of this Section. Notice to Customer should be sent to the address set forth in the Customer Information Section. Notice to Siteimprove should be sent to: Siteimprove, Inc. Attn: Legal Department 7807 Creekridge Circle Minneapolis, MN 55439 With a copy to: legak siteimprove.com 11. GOVERNING LAW This Agreement will be governed by and construed in accordance with the laws of Colorado and the United States of America, except for its conflicts of law rules and principles. In the event of any suit or proceeding arising out of or related to this Agreement, the courts O Siteimprove www.siteimprove.com # 85165 of Colorado will have exclusive jurisdiction and the parties will submit to the jurisdiction of those courts. 12. NO WAIVER The delay or failure of either party to exercise any right, power, or privilege under this Agreement is not to be treated as a waiver of that right, power, or privilege. 12(a) Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 13. PUBLICITY Customer consents to Siteimprove reproducing and publicizing its trading name, trademarks, logos and any Included Services utilized by Customer, on the corporate website of Siteimprove and in company presentations. Customer retains the right to revoke this consent through written notification to Siteimprove. 14. COUNTERPARTS The Agreement may be executed in any number of counterparts. Each counterpart is an original and, when combined with another counterpart, will be treated as part of the same document. Any counterparts of this Agreement may be delivered electronically in PDF format; these formats have the same effect as an original executed counterpart. 15. SEVERABILITY Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction is ineffective to the extent of that prohibition or unenforceability in that jurisdiction. The validity, enforceability, or legality of the remaining provisions will not be affected. 16. ENTIRE AGREEMENT This Agreement constitutes and expresses the entire agreement and understanding between the parties. This Agreement supersedes any prior communications, understanding, commitments, or agreements, oral or written, with respect to the subject matter of this Agreement. The parties are not relying on any representations or warranties other than those expressly listed in this Agreement. Any standard or boilerplate terms and conditions included Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com www.siteimprove.com Page 13 of 14 DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty on any document provided by one party to another (e.g., click -wrap agreements and purchase orders) are not part of this Agreement and will not be binding on either party. Any changes or modifications to this Agreement must be in writing, acknowledge the intent to amend the terms and conditions of this Agreement and be signed by an authorized representative of both parties before taking effect. Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com www.siteimprove.com 0 Siteimprove www.siteimprove.com Page 14 of 14 DocuSign Envelope ID: 58D96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty 0 Siteimprove www.siteimprove.com # 85165 Exhibit C - Premium Support Plan 1. SCOPE OF SERVICES. Siteimprove provides Premium support as set forth in this Premium Support Plan. 2. SELF-HELP RESOURCES. Customers can take full advantage of Siteimprove self-help tools, available online via our Help Center (https://support.siteimprove.com/). From that page, Customers can find links to technical documentation and knowledge base articles, discuss issues with other users in our community forums, review what's new, read technical notes, and access free webinars. 3. PRODUCT SUPPORT AND TRAINING. Customers can contact Siteimprove for product support, training, and additional services by visiting our Help Center (https://support.siteimprove.com/). At that location, Customers can submit a support ticket 24x7x365. 3.1 SERVICE LEVELS. Siteimprove will utilize commercially reasonable efforts to promptly respond to all requests. Siteimprove aspires to review and respond to at least ninety percent (90%) of all tickets and requests within one (1) Business Day. "Business Days" are defined as the days on which Customer's regional support center is open for business (see Section 4). Besides general questions and technical issues, services covered by these tickets and requests include: • Custom CMS deep -link setup • Custom event -tracking setup (setup of ten events) • Custom setup of internal search tracking • Setup of Development website crawls • Set up of non-public website (excluding development sites and subject to additional terms and conditions) • Set up of custom advanced policies 3.2 SEVERITY LEVELS. When submitting a support ticket, Customers are asked to specify a severity level. The severity level is a measure of the relative impact of the reported issue on the Customer's systems or business. Accurately defining the severity ensures a timely response and helps Siteimprove to better understand the nature of the issue. COSMETIC MINOR MAJOR CRITICAL • Minor problem not impacting service functionality Feature requests or missing or erroneous documentation • Question/ information request that does not affect delivery of service • Service is operational but partially degraded for some or all users, and an acceptable workaround or solution exists • The problem is with a non- critical feature or functionality • Service is operational but performance is highly degraded to the point of major impact on usage • Important features are unavailable, with no acceptable workaround; however, operations can continue in a restricted fashion • Access to a particular third - party application or service provider deemed noncritical is impacted Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com www.siteimprove.com • Service is down or unavailable • Critical features or functionality is unavailable or inaccessible, resulting in total disruption of work or critical business impact • Service crashes or hangs indefinitely causing unacceptable or indefinite delays for resources or response • Data is corrupted or lost and must be restored from backup • Any critical error encountered will be worked Page 15 of 14 DocuSign Envelope ID: 58O96B8E-A9D1-481 F-9AC7-A18FC29AEA7D Act With Digital Certainty 0 Siteimprove www.siteimprove.com # 85165 on by Siteimprove during EMEA business hours until resolved 4. SUPPORT AVAILABILITY. Siteimprove has regional support centers servicing the Americas, EMEA and APAC. Open hours for these regional support centers are as follows. • Americas Support Center - Minneapolis, MN, USA Weekdays 8:00 a.m. to 5:00 p.m. — Central Standard Time (CST/CDT) -0600 UTC excluding the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, Day after Christmas, New Year's Eve • EMEA Support Center - Copenhagen, Denmark Weekdays 8:00 a.m. to 5:00 p.m. — Central European Time (CET/CEST) +0100 UTC excluding Danish public holidays • APAC Support Center - Sydney, NSW, Australia Weekdays 8:00 a.m. to 5:00 p.m. —Australian Eastern Standard Time (AEST/AEDT) +1000 UTC excluding New South Wales national and regional public holidays 5. SYSTEM AVAILABILITY. 5.1 STANDARD. Siteimprove will maintain its systems and operations to ensure Customer has access to the Included Services ninety-nine percent (99%) of the time ("System Availability"). System Availability is calculated as: (Total number ofm,nu►es in a calendar month] -1 (Scheduled D nt'n:rmej + [Unscheduled Outage Time( I I OOH a (Total number of minutes rn a calendar month] - ]Scheduled Downtime] Scheduled Downtime is defined in Section 8. "Unscheduled Outage Time" is the number of minutes where the system is unavailable outside of the Scheduled Downtime. Unscheduled Outage Time does not include any exclusions defined in Section 5.3 (Exceptions). 5.2 MONITORING AND MANAGEMENT. Siteimprove will regularly monitor and manage its systems and operations to meet or exceed the System Availability. Such monitoring and management will include proactively monitoring all Included Service functions, servers, firewall and other components of Included Service security. If such monitoring identifies, or Siteimprove otherwise becomes aware of, any circumstance that is reasonably likely to threaten the System Availability, then Siteimprove will take necessary and commercially reasonable remedial measures to promptly eliminate or mitigate the actual or potential threat. If the Included Service or any Included Service function or component is not available, Siteimprove will: (a) verify the outage; (b) if the outage is verified, notify Customer as long as Customer has signed up for email alerts at http://status.siteimprove.com/ (https://support.siteimprove.com/); (c) resolve the outage or, if determined to be an internet provider problem, open a ticket with the internet provider; and (d) subject to the Customer having signed up for email alerts as described in Section 5.2(b), notify Customer when the outage has been resolved, along with any pertinent findings. 5.3 EXCEPTIONS. No period of Included Service degradation or inoperability will be included in Unscheduled Outage Time when calculating System Availability to the extent that such downtime or degradation is a result of: (i) Customer's misuse of the Included Services; (ii) failures of Customer's internet connectivity; (iii) Customers failure to meet any minimum hardware or software requirements; or (iv) Scheduled Downtime. 6. SYSTEM RESPONSE RATE. Siteimprove will maintain its systems and operations to ensure that ninety-five percent (95%) of the time, the Included Services will provide a response to an external system inquiry in three seconds or less Siteimprove Inc ] 7807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com www.siteimprove.com Page 16 of 14 DocuSign Envelope ID: 58D96B8E-A9O1-481F-9AC7-A18FC29AEA7D Act With Digital Certainty 0 Siteimprove www.siteimprove.com # 85165 ("Response Rate"). The Response Rate will be measured from the time the inquiry is received by the Included Services to the time that the response is sent by the applicable system. The Response Rate does not include any time during which Siteimprove is performing system maintenance. The Response Rate will be measured by a third -party solution of Siteimprove's choosing and reporting is available upon written request. 7. LIABILITIES. Siteimprove will exercise its best efforts to meet the standards set forth in this plan. In the event of a material failure to meet the above standards in any given month, a service credit in the amount of three percent (3%) of the pro -rated annual subscription fees for the applicable month will be issued for Customer and available for future subscription fees ("Service Credit"). Siteimprove has no obligation to issue any Service Credit unless (i) Customer reports the material failure to Siteimprove immediately on becoming aware of it; and (ii) requests such Service Credit in writing within three days of the failure. In no event will a Service Credit exceed 10% of the annual subscription fee as set forth in the Agreement. The Service Credit is non-refundable upon termination of Customer's Agreement with Siteimprove. The parties acknowledge and agree that the Service Credit is intended to be Customer's sole and exclusive remedy with respect to any failure by Siteimprove under this plan. 8. SCHEDULED DOWNTIME. Siteimprove will notify Customer through email alerts at least twenty-four (24) hours in advance of all scheduled outages of the included Services ("Scheduled Downtime") as long as Customer has signed up for the alerts at http://status.siteimprove.com (https://support.siteimprove.com/). 9. MAINTENANCE OF INCLUDED SERVICES. Siteimprove will regularly maintain the Included Services to meet or exceed the System Availability. Such maintenance services will include providing to Customer: (a) all updates, bug fixes, new releases, new versions and other improvements to the Included Services; and (b) all services and repairs that Siteimprove deems necessary to maintain or provide access to the Included Services. 10. TERM. This Premium Support plan remains in force for as long as Customer continues to pay Siteimprove for the Premium Support. Siteimprove has sole discretion to update the terms of this plan at any time. In such event, said update(s) will not result in a reduction in the level of support set forth in this plan. Any updates shall be provided to Customer in a timely fashion. Siteimprove Inc 17807 Creekridge Circle I Minneapolis, MN 55439, USA +1 855 748 3467 I info@siteimprove.com I www.siteimprove.com Page 17 of 14 New Contract Request Entity Information Entity Name * SITEIMPROVE INC Entity ID* @00037482 Contract Name* 2020 SITEIMPROVE RENEWAL Contract Status CTB REVIEW Contract ID 334.4 Contract Lead * J'MUNDT Contract Lead Email jmundt@coweldco.us ❑ New Entity? Contract Description * RENEWAL OF SERVICES FOR 2020, INCLUDING CONTRACT LANGUAGE AMENDMENT. Contract Description 2 Contract Type* AGREEMENT Amount* $8;100.00 Renewable* NO Automatic Renewal Grant IGA Department INFORMATION TECHNOLOGY-GIS Department Email CM- InformationTechnologyGlS@w eldgov. corn Department Head Email CM-lnformaUonTechnologyGlS- DeptHead@weldgov. com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELD GOV.COM is is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Date. Effective Date Requested BOCC Agenda Date* 12130/2019 Parent Contract ID Requires Board Approval YES Department Project # Due Date 12/26/2019 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Termination Notice Period Review Date* 12/01/2020 Committed Delivery Date Renewal Date Expiration Date* 12/31/2020 Contact Information Contact Name Purchasing Purchasing Approver CONSENT Department Head RYAN ROSE DH Approved Date 12/27/2019 Final Approval SOCC Approved 8i )CC Signed Date ®UCC Agenda Date 01/06/2020 Originator JMUNDT Contact Type Contact Email Finance Approver CONSENT Contact Phone 1 Purchasing Approved Date 12/27/2019 Finance Approved Date 12/27/2019 Tyler Ref # AG 010620 Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 12/27/2019 DocuSi • n Envelo r e ID: 9DA22E3E-3F9F-4AC2-ADAC-49692C325CAC Siteimprove Quote Number: 38567 Software -as -a -Service Subscription Agreement This Software -as -a -Service Subscription Agreement ("Agreement") is by and between Siteimprove, Inc., a California corporation with a business address at 7807 Creekridge Circle, Bloomington, MN 55439, and its Affiliates (defined below) (collectively, "Siteimprove") and Weld County ("Customer" / "you" / "your") for Siteimprove services. This Agreement consists of the following: (A) this Software -as -a -Service Subscription Agreement document; (B) Exhibit A, "Website(s); (C) Exhibit B, "Terms and Conditions"; and (D) any other exhibits listed in this Agreement. This offer is only valid if signed by you on or before November 30, 2016. After that date, please contact Siteimprove to issue a new offer. Below is a description of the modules that are included in the Agreement ("Included Services"): Included Services Limits (the "Limits")* Quality Assurance Crawls website and identifies quality issues. Policy Allows Customer to set website parameters to ensure consistency in content. Accessibility Checks website against selected WCAG 2.0 accessibility standards and WAI-ARIA techniques. SEC, Details technical and content -related issues affecting search engine rankings and traffic to the website. 2,500 Pages Response Monitors website's availability and performance. • The Limits consist of the following and their applicable definitions. 3 Response Check Points Pages A Page is an electronic document created with HTML and accessible with a browser. Response Check Points: Response Check Points are single. URLs that are monitored For up -time and response time performance from a series of reliable servers across the globe. Yearly Page Views: Yearly Page Views are the total number of Page Views a website will generate over the course of 365 days. A'Page View" is a single view by a website user of a page on a website that is being tracked by the Siteimprove Analytics tracking code If a user clicks reload after reaching the page, his counted as an additional Page View If a user navigates to a different page and then returns to the original page, an additional Page View is recorded. PDFs. Portable Document Format (PDF) is a file format that has captured all the elements of a printed document as an electronic image that you can view, navigate, print, or forward to someone else To be included in this subscription a PDF must be hosted on one of the covered websnes. Access to the services Please allow up to five business days for setup to the Included Services to be completed. The Included Services can be accessed at http://my.siteimprove.com. At that location, you can administer the logins for your authorized users. The Included Services also include free training and tech support. 66;`EGG(Attd rte) Siteimprove Inc. 17807 Creekridge Circle I MN 55439 Minne polls +1 855 748 3467 I Fax: +1 800 409 5612 I info@,siteimprove.com www.siteimprove.com 2016-3620 Page Iot10 DocuSi • n Envelo • = ID: 9DA22E3E-3F9F-4AC2-ADAC-49692C325CAC Siteimprove Quote Number: 38567 Limitations The Included Services are subject to the following limitations: • Your use of the Included Services is subject to the Limits. If you exceed the Limits, we will notify you that continued use in excess of the Limits may subject you to additional charges which will be documented in a mutually -agreed change order. • Included Services may only be run on the website(s) listed in Exhibit A. • Websites can be added to the Included Services, subject to the approval of Siteimprove. • You must be the owner of the approved website(s). • You can only add websites — approved websites cannot be replaced with different websites. • Included Services may only be run on public websites that do not contain sensitive or personal information. Limit Increases Increasing the Limits for the Included Services are available at the rates and increments indicated below. These rates and increments may be updated annually. If an increase is requested after the start of the Initial or Renewal Term, the cost will be pro -rated. Limit Increase Additional annual subscription fee Pages PDFs Response Check Points $900 per 1,000 pages $750 per 2,500 PDFs $150 per Check Point Term The first date for this Agreement (the "Effective Date") is January I, 2017. This Agreement will remain in force for a period of 1 year and 3 I days following the Effective Date (the "Initial Term"). After the Initial Term, this Agreement will automatically renew for one or more additional consecutive periods of 12 months (the "Renewal Term") until terminated according to Section 3 (Termination) of the Terms. Subscription Fees The annual subscription fee (excluding applicable taxes) for the Included Services is: $5,100 (the -Fee"). The Customer will receive access to the Services from December 1, 2016 until January I, 2017 free of charge. Invoices & Payments All invoices are sent to the email address listed in the Billing Information section. If an email address is not listed, your invoice will be sent to the most current email address that Siteimprove has on file. You will be invoiced as follows: • You will be invoiced for the Fee on January 1, 2017. • The Agreement is free of subscription charges from December 1, 2016 until January 1, 2017. • At least 45 days prior to the expiration of the Initial or Renewal Term, you will be invoiced for the Fee. All invoices must be paid pursuant to the terms set forth in Section 2 of the Terms and Conditions (Exhibit B). Siteimprove Inc. 17807 Creekridge Circle I MN 55439 I Minneapolis +1 855 748 34671 Fax: +1 800 409 56121 info@siteimprove.com p www.siteimprove.com Page 2 of 10 DocuSi • n Envelo • e ID: 9DA22E3E-3F9F-4AC2-ADAC-49692C325CAC Siteimprove Quote Number: 38567 Billing Information When you subscribe to the Included Services, we need to collect and process your personal information in order to identify you as a customer, to process payments and to send you invoices. This information is collected in this Agreement. We may transfer such information to affiliates for the purpose of the same. You have the right to access, correct, modify and erase personal information you have given us. You may exercise these rights by contacting privacy@siteimprove.com Contact information for invoicing: Name: Address: Email: Phone: Customer Information Is a Purchase Order Number ("PO") required? ❑ Yes, please provide Purchase Order Number: ❑ No If a PO is required, will you be providing a new PO for each invoice? ❑ Yes ❑ No, the provided PO number can be used for the initial invoice and all subsequent invoices Siteimprove Inc. ( 7807 Creekridge Circle I MN 55439 I Minneapolis +1 8.55 748 3467 j Fax: +1 800 409 5612 I info@siteimprove.com I www.siteimprove.com Page 3 of 10 DocuSi.n Envelo.e ID: 9DA22E3E-3F9F-4AC2-ADAC-49692C325CAC Siteimprove Quote Number: 38567 Signatures By signing below, each party acknowledges that it has carefully read and agrees to be bound by the terms of this Agreement. This Agreement will become effective on the Effective Date. CONTRACTOR: Contractor Name By: C.276forc”apaac7 Docu5igned b : Tv14 Name: Mike cart son Title: Director of sales Date November 21, 2016 1 13:20 PST WELD COUNTY: Cam ATTEST: ddrIftgA)( v•Lp;bi Weld County Clerk to the Board BY: Deputy Cle ,j to th Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair NOV 2 8 2016 Siteimprove Inc. 7807 Creekridge Circle I MN 55439 I Minneapolis +l 855 748 3467 I Fax: +1 800 409 5612 I info@siteimprove.com I www.siteimprove.com c2- 36, 020 Page 4 of 10 DocuSi • n Envelo • e ID: 9DA22E3E-3F9F-4AC2-ADAC-49692C325CAC Siteimprove Quote Number: 38567 Exhibit A: Website(s) The Included Services may be run on the following website(s): • www.co.weld.co.us/ Siteimprove Inc. 17807 Creekridge Circle I MN 55439 I Minneapolis + I 855 748 3467 I Fax: +l 800 409 5612 I info@siteimprove.com I www.siteimprove.com Page 5 of 10 DocuSi. n Envelo • e ID: 9DA22E3E-3F9F-4AC2-ADAC-49692C325CAC Siteimprove Quote Number: 38567 Exhibit B: Terms and Conditions 1. DEFINITIONS a. Interpretation. Capitalized terms used in these Terms and Conditions will have the meanings ascribed to them in the Agreement or as defined below. Terms other than those defined below will be given their plain English meaning and terms of art having specialized meanings in the software industry will be construed in accordance with industry standards. Unless the context otherwise requires, words importing the singular include the plural and words importing the masculine include the feminine and vice versa where the context so requires. b. "Affiliate" means any entity directly or indirectly controlling or controlled by or in common control with a party, where "control" is defined in this context as the ownership of at least fifty percent (50%) or more of the voting stock or other interest entitled to vote on general decisions reserved to stockholders, partners, or other owners of such entity. An entity shall no longer be an Affiliate when through loss, divestment, dilution or other reduction of ownership, the requisite control no longer exists. c. "Confidential Information" means information that is marked or otherwise identified as confidential or proprietary, or that would otherwise appear to a reasonable person to be confidential or proprietary in the context and circumstances in which the information is known or used that either party discloses on or after the Effective Date, to the other party or its parents, affiliates' employees, contractors, officers, directors, partners, agents, attorneys, accountants or advisors. Confidential Information includes: business processes, practices, methods, policies, plans, operations, services, strategies, techniques, agreements, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, databases, records, financial information, results, accounting information, accounting records, legal information, pricing information, credit information, payroll information, staffing information, internal controls, security procedures, sales information, revenue, costs, communications, original works of authorship, customer information, and customer lists. Confidential Information does not include information that: (a) was in the public domain prior or subsequent to the time such portion was communicated to the receiving party, through no fault of that party; (b) was rightfully in the receiving party's possession free of any obligation of confidence at or subsequent to the time such portion was communicated by the disclosing party; (c) was developed by the receiving party independently of and without reference to any information communicated by the disclosing party; (d) was communicated by the disclosing party to an unaffiliated third party free of any obligation of confidence; or (e) is approved by the disclosing party for release by the receiving party. Company is advised that as a public entity, Weld County must comply with the provision of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. 2. INVOICES; PAYMENTS; PAST -DUE INVOICES Unless expressly agreed otherwise, the Fee for the Initial Term will be invoiced on the Effective Date. At least 45 days prior to the expiration of the Initial or Renewal Term, Customer will be invoiced for the Fee for the Renewal Term. Customer will pay all invoices within 30 days of issuance. Unless expressly agreed otherwise, all prices are in United States Dollars. There is no charge for updates to, or new releases of, Included Services. However Siteimprove may launch new modules/services/products that are not covered by the Fee. In the event that an invoice becomes past -due, Siteimprove will notify Customer by phone or email. After Siteimprove has provided notice, Customer will have five business days to pay the past -due invoice. If Customer fails to make the payment by the end of the cure period, then Siteimprove reserves the right to: (i) begin charging Customer interest for the past -due amount at an interest rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is smaller; (ii) discontinue the Included Services; or (iii) Siteimprove Inc. ( 7807 Creekridge Circle ( MN 55439 I Minneapolis +1 855 748 3467 I Fax: +1 800 409 56121 info@siteimprove.com I www.siteimprove.com Page 6of10 DocuSi • n Envelo • e ID: 9DA22E3E-3F9F-4AC2-ADAC-49692C325CAC Siteimprove Quote Number: 38567 terminate this Agreement pursuant to Section 3 (a) (Termination). 3. TERMINATION a. For Material Breach. Either party may terminate this Agreement in the event of a material breach by the other party of its obligations under this Agreement if the other party fails to cure the breach within 30 days after receipt of written notice of breach. b. For Convenience. During the Initial Term or Renewal Term, either party may terminate this Agreement at any time for its convenience, with or without cause, by giving written notice to the other party at least 60 -days prior to the start of the Renewal Term. Customer remains liable for payment of all Fees owed and will not be entitled to a credit or refund when the Agreement is terminated pursuant to this Section 3(b). 4. INCLUDED SERVICES Subject to the terms and conditions of this Agreement, Siteimprove will allow the Customer to access to the Included Services. a. Ownership. Customer acknowledges and agrees that Siteimprove owns and shall remain the sole owner of all intellectual property rights vested in the Included Services created prior to or during the performance by the parties of this Agreement. This ownership right includes any inventions, patents, utility model rights, copyrights, design rights, mask works, trademark rights, or know-how, whether registered or not. b. Use. The right to access the Included Services is worldwide, non -transferable, non -assignable (except as permitted in this Agreement) and limited in time to access and use during the Initial and any Renewal Terms and solely for Customer's internal business purposes by Customer's authorized agents. Customer will have access to the Included Services only for those website domain(s) authorized pursuant to this Agreement. c. Restrictions. This right is not a perpetual right to use, and Customer has no right to retain or to use the Included Services after termination of the Initial or Renewal Term. Customer has no right to rent, lease, assign, transfer, sublicense, display or otherwise distribute or make the Included Services available to any third party. Without limiting the generality of any other provisions stated in this Agreement, the Included Services may not be (a) used in the performance of services for or on behalf of any third party or as a service bureau; (b) modified, incorporated into or combined with other software, or created as a derivative work of any part of the Included Services; (c) used to process any sensitive or personal information; or (d) used for any illegal purpose. Customer may not modify, disassemble, decompile or otherwise reverse engineer the Included Services nor permit any third party to do so except as expressly permitted by law. Siteimprove reserves all rights not expressly granted to Customer under this Agreement. The use of Siteimprove's intellectual property beyond the express access grant in this Section 4 is outside the scope of this Agreement. d. Support. During the Initial and Renewal Term, Siteimprove will provide support to Customer pursuant to its then -current standard support plan. In no event will Siteimprove be obligated to furnish support for any version of the Included Services that Customer has modified or altered in any way. e. Operational Data. The Included Services are designed to collect certain operational data, which may be used by Siteimprove for various business purposes, which may include customer support, verifying the need for and providing updates to the Included Services, market research and product planning, verifying Customer's compliance with the terms and conditions of this Agreement and protecting Siteimprove's intellectual property. If Customer has used the Included Services outside the parameters set forth in the Agreement, Customer will be required to pay additional fees to cover the additional use. 5. REPRESENTATIONS AND WARRANTIES a. For Siteimprove. Siteimprove represents and warrants that: (i) it has the full power and authority to enter into and perform its obligations under this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by it and constitutes the valid, legal and binding agreement of it and is enforceable against it; (iii) entering into and performing its obligations under this Agreement will not result in any breach of, or constitute a default Siteimprove Inc. ( 7807 Creekridge Circle I MN 55439 I Minneapolis +I 855 748 3467 j Fax: +1 800 409 5612 ( info@siteimprove.com I www.siteirnprove.com Page 7 of 10 DocuSi • n Envelo • e ID: 9DA22E3E-3F9F-4AC2-ADAC-49692C325CAC Siteimprove Quote Number: 38567 under, any other agreement to which it is a party; and (iv) the Included Services will perform substantially as described in this Agreement , provided that it is used in accordance with the Agreement, including on the specified domains. These representations and warranties are only for the benefit of Customer. b. For Customer. Customer represents and warrants that: (i) it has the full power and authority to enter into and perform its obligations under this Agreement; (ii) this Agreement has been duly authorized, executed and delivered by it and constitutes the valid, legal and binding agreement of it and is enforceable against it; (iii) entering into and performing its obligations under this Agreement will not result in any breach of, or constitute a default under, any other agreement to which it is a party; and (iv) it has full and legal right or authorization to display, disclose, transfer, assign or convey the information set forth and accessible on the websites on which the Included Services will be administered. c. Disclaimer. Except for the express representations and warranties listed in this Agreement, each party makes no representations or warranties of any kind, whether express or implied, and expressly disclaims all warranties of title, non -infringement, merchantability, and fitness for a particular purpose. Unless set forth in this Agreement, no oral or written information or advice given by either party will create a representation or warranty. 6. FORCE MAJEURE No party will be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control ("Force Majeure Events"). Force Majeure Events include: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. A change in economic circumstances is not a Force Majeure Event. If a Force Majeure Event occurs, the Impacted Party will provide prompt notice to the other party, stating the period of time the failure or delay is estimated to last. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 days following written notice, either party may terminate this Agreement upon five days' written notice. 7. LIMITATION OF LIABILITY a. In no event will either party or its agents, officers, directors, employees, successors, assigns, or Affiliates be liable to the other party or its agents, officers, directors, employees, successors, assigns, or Affiliates for any indirect, incidental, consequential, punitive, or other special damages. This limitation includes any loss of profits, business interruption, goodwill, loss of data/content or the restoration of any of those items. b. In addition to and without limiting the generality of Section 7(a), the aggregate liability of either party for any and all claims arising out of or relating to this Agreement will, in any circumstances, be limited to the Fees paid or payable by Customer to Siteimprove for the right to access or use the Included Services during the Initial Term or any Renewal Term (as the case may be). 8. CONFIDENTIALITY Each party will: (a) hold Confidential Information in confidence; (b) use its best efforts to protect Confidential Information in accordance with the same degree of care with which it protects its own Confidential Information; and (c) not disclose the other party's Confidential Information to any third party, except in response to a valid order by a court or other governmental body or as required by law. The receiving party will promptly give notice to the disclosing party of any unauthorized use or disclosure of the disclosing party's Confidential Information. The receiving party agrees to assist the disclosing party in remedying any such unauthorized use or disclosure of the disclosing party's Confidential Information. At any time, upon written request, the Siteimprove Inc. 17807 Creekridge Circle ( MN 55439 I Minneapolis +I 855 748 3467 I Fax: +1 800 409 5612 I info@siteimprove.com I www.siteimprove.com Page 8of10 DocuSign Envelope ID: 9DA22E3E-3F9F-4AC2-ADAC-49692C325CAC Siteimprove Quote Number: 38567 receiving party will return or destroy the Confidential Information that the disclosing party has provided to it. Company is advised that as a public entity, Weld County must comply with the provision of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. 9. ASSIGNABILITY This Agreement is binding upon and will inure to the benefit of the parties, their legal representatives, successors, and assigns. Except as otherwise expressly provided in this Agreement, neither party may assign, transfer, convey or encumber this Agreement or any rights granted in it, either voluntarily or by operation of law, without the prior written consent of the other party. Any attempt to do so is null and void. Notwithstanding the foregoing, a party shall have the right to assign this Agreement to its parent entity or affiliates or to a successor entity in the event of a merger, consolidation, transfer, sale, stock purchase, or public offering, provided the assignee is subject to all obligations of the Agreement. 10. NOTICES Unless expressly set forth in the Agreement, all notices and other communications required by this Agreement must be in writing and sent to the parties at the addresses set forth below via overnight courier service, express postal service, or email with read -receipt. Notices are effective only: (a) upon receipt; and (b) if the party giving the Notice has complied with the requirements of this Section. Notice to Customer should be sent to the address set forth in the Billing Information Section. Notice to Siteimprove should be sent to: Siteimprove, Inc. Attn: Legal Department 7807 Creekridge Circle Bloomington, MN 55439 With a copy to: legal@siteimprove.com 11. CONSUMER PRICE INDEX The agreement is made in line with the Consumer Price Index (CPI). At the time of invoicing for the Renewal Term, the parties agree that the Fee may be increased to align with the latest CPI. The increase may not be more than 3% of the prior year's contract value. 12. GOVERNING LAW This Agreement will be governed by and construed in accordance with the laws of Colorado and the United States of America, except for its conflicts of law rules and principles. In the event of any suit or proceeding arising out of or related to this Agreement, the courts of Colorado will have exclusive jurisdiction and the parties will submit to the jurisdiction of those courts. 13. NO WAIVER The delay or failure of either party to exercise any right, power, or privilege under this Agreement is not to be treated as a waiver of that right, power, or privilege. 14. PUBLICITY Customer consents to Siteimprove reproducing and publicizing its trading name, trademarks, logos and any Included Services utilized by Customer, on the corporate website of Siteimprove and in company presentations. Customer retains the right to revoke this consent through written notification to Siteimprove. 15. COUNTERPARTS The Agreement may be executed in any number of counterparts. Each counterpart is an original and, when combined with another counterpart, will be treated as part of the same document. Any counterparts of this Agreement may be delivered electronically in PDF format; these formats have the same effect as an original executed counterpart. 16. SEVERABILITY Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction is ineffective to the extent of that prohibition or unenforceability in that jurisdiction. The validity, enforceability, or legality of the remaining provisions will not be affected. 17. ENTIRE AGREEMENT This Agreement constitutes and expresses the entire agreement and understanding between the parties. This Agreement supersedes any prior communications, understanding, commitments, or agreements, oral or written, with respect to the subject matter of this Agreement. The parties are not relying on any representations or warranties other than those expressly listed in this Agreement. Any standard or boilerplate terms and conditions included on any document provided by one party to another (e.g., click -wrap agreements and Siteimprove Inc. 17807 Creekridge Circle ( MN 554391 Minneapolis +1 855 748 3467 I Fax: +1 800 409 5612 I info@siteimprove.com I www.siteimprove.com Page 9 of I 0 DocuSign Envelope ID: 9DA22E3E-3F9F-4AC2-ADAC-49692C325CAC Siteimprove Quote Number: 38567 purchase orders) are not part of this Agreement and will not be binding on either party. Any changes or modifications to this Agreement must be in writing, acknowledge the intent to amend the terms and conditions of this Agreement and be signed by an authorized representative of both parties before taking effect. Siteimprove Inc. 17807 Creekridge Circle I MN 55439 I Minneapolis +1 855 748 3467 I Fax: +1 800 409 5612 I info@siteimprove.com I www.siteimprove.com Page 10 of 10 Cheryl Hoffman From: Sent: To: Cc: Subject: Cheryl, Esther Gesick Wednesday, November 23, 2016 11:34 AM Stephanie Frederick Cheryl Hoffman FW: Message from Jacob Mundt (9704002521) Based on the message below, this will get its own doc number but I'd like you to reference the related bid (Bid #B1600037) in Notes and also include a "See Also 2016-1556". Thanks! Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 7581 Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick Sent: Wednesday, November 23, 2016 11:31 AM To: Ryan Rose <rrose@co.weld.co.us>; Stephanie Frederick <sfrederick@co.weld.co.us> Cc: Jacob Mundt <jmundt@co.weld.co.us> Subject: RE: Message from Jacob Mundt (9704002521) It's not a direct contract from a Bid, but sounds like certainly related. We'll keep it consent and in Tyler just reference the main Bid number and "See Also" that document for reference. Thanks for clarifying. Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Ryan Rose Sent: Wednesday, November 23, 2016 11:30 AM To: Esther Gesick <egesick@co.weld.co.us>; Stephanie Frederick <sfrederick@co.weld.co.us> Cc: Jacob Mundt <jmundt@co.weld.co.us> Subject: RE: Message from Jacob Mundt (9704002521) Esther, This is a part of our web content management project. We had originally received BOCC approval for 2017, however, site improve offered December 2016 as a "free" month which allows us to get a head start on the project. If it needs to be an item of business, we can certainly do that as well. Just let me know. Thanks, Ryan From: Esther Gesick Sent: Wednesday, November 23, 2016 10:44 AM To: Ryan Rose <rrose@co.weld.co.us>; Stephanie Frederick <sfrederick@co.weld.co.us> Cc: Jacob Mundt <jmundt@co.weld.co.us> Subject: RE: Message from Jacob Mundt (9704002521) Quick question - did this go through Bid or what is the mechanism that made it Consent? Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Ryan Rose Sent: Wednesday, November 23, 2016 10:37 AM To: Esther Gesick <egesick@co.weld.co.us>; Stephanie Frederick <sfrederick@co.weld.co.us> Cc: Jacob Mundt <jmundt@co.weld.co.us> Subject: RE: Message from Jacob Mundt (9704002521) Thank you!! From: Esther Gesick Sent: Wednesday, November 23, 2016 9:31 AM To: Stephanie Frederick <sfrederick@co.weld.co.us> Cc: Ryan Rose <rrose@co.weld.co.us>; Jacob Mundt <jmundt@co.weld.co.us> Subject: FW: Message from Jacob Mundt (9704002521) Hi Steph, 2 Please listen to the attached message. I also spoke with Ryan this morning and learned that it turns out there is a timing aspect to this that results in a savings to the County if we get this done before the end of November. Please update OnBase to reflect we'll be adding this to the 11/28 Agenda. Thanks! Esther E. Gesick Clerk to the Board 1150 O Street(P.O. Box 758IGreeley, CO 80632 tel: (970) 400-4226 • Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jacob Mundt Sent: Wednesday, November 23, 2016 8:36 AM To: Esther Gesick <egesick@co.weld.co.us> Subject: Message from Jacob Mundt (9704002521) 3 Hello