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HomeMy WebLinkAbout20231918.tiffGriacftwE -717(f BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: United Reprographic Supply Inc. (Ubeo Business Services) Service Agreement DEPARTMENT: Public Works DATE: 6/27/2023 PERSON REQUESTING: Ryan Rose `es?te Brief description of the problem/issue: The service agreement for the HP Plotter maintenance comes with terms and conditions requested by Weld County legal and agreed upon by vendor. The maintenance renewal period is from 3/16/2023 to 3/15/2026. The cost is $1495.00. This amount is budgeted in fiscal year 2023. What options exist for the Board? (include consequences, impacts, costs, etc. of options): There are two options - 1) to sign the service agreement or 2) Deny signature and let maintenance expire. Recommendation: IT recommends sign off on the service agreement and payment of $1495.00 to stay within compliance. Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine DOW* Neirdc‘s 7/10/Z3 Approve Schedule Recommendation Work Session Other/Comments: coi4 attfrtio(_ii) 7//opo 2023-1918 Eel b(n lTUC')Z ou'R ET©B©J EFJ pftt Uc imG9B37 ULfiX0 SERVICE AGREEMENT Weld County Government Office of Information Technology P.O. Box 758 Greeley, CO 80632 Invoices Billed To Weld County Public Works 1111 H Street Greeley, CO 80631-9147 Equipment Location Same as Bill To EQUIPMENT: HP Make CONTRACT INFO: T2600dr ps MFP P Model SG9CB39003 Serial # EQ5047 ID# Contract Includes' (Supplies subject to delivery/freight charge) ■ Equipment i■ Parts ■I Labor 20# Bond Inkjet Paper Printhead ; Toner/Ink ._ Maint Cartridge 03/16/2023 - 03/15/2026 Initial Term Billed (Check One) Monthly Quarterly Annually $1,495.00 Base Rate (Billed in Advance) i Other (See Notes) Usage Charge Square Foot2 ri-N/A Included N/A Usage Charge is Billed (Check One) Monthly Other (See Notes) $ N/A Included N/A Quarterly Annually Other (See Notes) I Misuse, abuse and moves are not included in this agreement. See terms for more information. 2Usage charge is based upon 5% toner coverage; usage rate may increase if percent coverage is over 5%. 3Click is 81/2 x 11. NOTES: Please initial revisions on page 2. Please provide an updated purchase order number when approved. Customer Mike Freeman, BOCC Chair Print Name & Title (M•S2t, JUL 1 0 2D23 Signature & Date mfreeman@weld.gov Contract Contact (if different) Sharon Benson, PW Office Manager Print Name & Title Signature & Date Meter Contact Name & Email 7076 S. Revere Parkway Centennial, CO 80112 I P: 303-680-1100 I F: 303-680-5052 I unitedreprographic.com aoage -iqiori SERVICE AGREEMENT CONTRACT TERMS & CONDITIONS Invoices Billed To Weld County Government Office of Information Technology P.O. Box 758 Greeley, CO 80632 1. SERVICES Services Provided: • URS will make all inspections, adjustments and repairs necessitated by normal wear and tear or defects in material and workmanship. Agreement does not cover repairs and/or part replacements resulting from: abuse, accident, fire, water, lightning strikes, any natural disasters or acts of God, unauthorized and/ or moving of equipment, use of materials detrimental to proper operation of device, failure to follow instructions provided in the equipment manual or other equipment accessories obtained from third party vendors. • Service calls are on an as -needed basis during business hours: 8:00AM to 5:00PM, Monday through Friday. • We may request assistance in remote troubleshooting to remedy or resolve the problem in minutes. Prior to any onsite assistance, a technician may initiate and perform remote diagnosis to facilitate problem resolution. Repairs on -site are subject to the customer providing immediate and unrestricted access to the system. • For all contracted devices Manufactured OEM Supplies must oe used and purchased from United Reprographic Supply lne In the event OEM Genuine Supplies are not used and damages are incurred to the device and/or parts as a result of this, you the customer will be held accountable for the total cost to replace the damaged item(s). Services Provided for Software: • URS will support original manufacturer's software for the contracted device. • You are solely responsible for protecting and removing any confidential data/images stored on the Equipment. Relocation of Equipment: • Client agrees to assume responsibility for all costs associated with relocation of equipment. Costs will include all applicable de -installation and re -installation services, packaging as appropriate, transportation and all special rigging charges required to effect the relocation. • Customer must ensure that the new location conforms at all times to the Manufacturer's requirements. • URS must be notified prior to the equipment being moved. • This agreement will not cover damages to equipment that is moved without assistance from URS representatives. 2. YOUR OBLIGATIONS • Provide Meter Readings. If readings are not provided by customer, an estimated reading(s) will be applied five days after the billing date and/or a technieian will be dispatched to retrieve reading(s). • Inform and keep URS up to date of Contact information for: meters, resoons+ble party for machine upkeep, and decision maker. 3. SERVICES AGREEMENT TERM/ RENEWAL / TERMINATION / BREACH Renewal and Expiration: • Service Agreement will automatically renew every year for a one year term unless a 60 day written notice of cancellation is received by a URS representative. Confirmation of this receipt will be sent to you; the customer • Pricing- for renewa term sna be at URS's current rates wnien may be subject to an annual increase. Agreement Termination: • This Agreement is non -cancelable during the initial term or simultaneous with term of lease. After the initial term, a 60 day written cancellation is required and notice must be reviewed and confirmed valid by a URS Representative. base eharge and/or average montn y click charge until what would nave been the next renewal. • Upon bankruptcy, assignment for the benefit of creditors or insolvency of URS, this agreement will be terminated. In addition, you may also terminate this agreement at any time without penalty only by upgrading the Equipment with a replacement for another URS product. URS may terminate this Agreement by giving you written notice. • Upon termination, you are responsible for returning all unused supplies covered by this agreement. Any supplies not returned will be billed to you. • 4. BILLING AND PAYMENT TERMS • All applicable taxes shall be added to the amount due unless you have provided proof of tax-exempt status. • Payment is due promptly after you receive a URS invoice. • URS can withhold service and supplies if payment is not received within 20 days after the date of URS's contracted invoice. • While equipment is contracted, if account goes to delinquent/temporary C.O.D. status, services will be suspended until all outstanding invoices are paid in full. In the event the account goes into C.O.D. status, URS has the right to terminate the supply inclusive portion of the agreement. S. DISCLAIMER OF WARRANTIES URS disc aims any and al express and mp ied warranties with respect to equipment, services or software including but not limited to the implied warranties of merchantability and a' :Hess for a certain reason. 6. LIMITATION OF LIABILITY Neither party sria be iab e to the other for any indirect or consequential loss, loss of data or loss of profits, incidental damages, howsoever caused, including through negligence. 7. ADDENDA The service agreement information section of this Agreement describes the Addenda, if any, containing additional or different terms and conditions which are applicable to this Agreement. You acknowledge having received these Addenda. 8. ENTIRE AGREEMENT / ASSIGNMENT / ATTORNEY'S FEES / GOVERNING LAW / FORCE MAJEURE These terms and conditions, together with any app 'cable Addenda, constitute the entire agreement as to their subject matter and supersede all prior and contemporaneous oral and written agreements. URS may retain a reproduction (e.g., electronic image, photocopy, or facsimile) of this Agreement that shall be considered an original. Any terms on your ordering or confirmation documents shall be of no force or effect. In any action to enforce this Agreement, both parties agree to waive their right to a jury trial and to pay the prevailing party's costs and expenses, including reasonable attorney's fees. The law governing the interpretation and construction of this Agreem of law rules). Neither party may assign this Agreement without the other party's prior written consent, such consent not to be unreasonably withheld. Client agrees to these terms and conditions. Mike Freeman, BOCC Chair Print Name JUL 1 0 2323 Signature Date Joao e/9/1/ Houstan Aragon From: Sent: To: Cc: Subject: Karin McDougal Thursday, July 6, 2023 1:27 PM Nancy Wonder Houstan Aragon; Matthew Conroy; Esther Gesick; Chloe White; Cheryl Hoffman; Ryan Rose; Bruce Barker Re: Contract ID #7176 The red lined version is how this group has done it in the past. Yes, initialing would be best practice but I think if the correspondence is include with the agreement for the record, it is okay to move forward as is. Karin Sent from my iPhone On Jul 6, 2023, at 8:27 AM, Nancy Wonder <nwonder@weld.gov>wrote: Karin, Can you advise on Houstan's question below please? Attached is the correspondence from the vendor approving the changes. Thank you. Nancy Wonder Lead Project Manager / Business Process Analyst Weld County Government Information Technology PO Box 758 / 1401 N. 17th Avenue Greeley, CO 80632 Phone: 970-400-2562 nwonder@weld.gov <image002. jpg> 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: Houstan Aragon <haragon@weld.gov> Sent: Wednesday, July 5, 2023 4:25 PM To: Nancy Wonder <nwonder@weld.gov>; Matthew Conroy <mconroy@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Chloe White <cwhite@weld.gov>; Cheryl Hoffman i <choffman@weld.gov>; Ryan Rose <rrose@weld.gov>; Aleksei Churyk <achuryk@weld.gov>; Bruce Barker <bbarker@weld.gov> Subject: Contract ID #7176 Hi Nancy and Matt, I am curious if it is intentional to have the redline version of this renewal agreement for the Chair to sign? If so, I believe the vendor will need to initial beside each of the changes prior to the full signature from the Chair. I have attached a sample from 2020 that shows what I am referring to. Please advise. Thanks, Houstan Aragon Deputy Clerk to the Board Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4224 Email: haragon@weldqov.com <image001.jpg> 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. <mime -attachment> 2 Chloe White From Sent To Cc Subject. Adna Abeyta <aabeyta@ubeo corn> Tuesday, June 27, 2023 12 07 PM Nancy Wonder Sharon Benson RE Weld County Service Agreement review This'Message Is From,an-ExternalSender 'This messagei,came fror6outside your organization ud—b:Aic=,.....__: Hi Nancy, tr�rgPyi Report Suspicious„ The changes are approved The rate did increase a bit due to all our manufactures increasing prices Please let me know if you have any additional questions, otherwise pleas return the signed agreement along with a new PO for processing Have a great days BUSINESS SERVICES #thepowerofU Adria Abeyta Vice President of Sales C 303 746 5837 From Nancy Wonder <nwonder@weld gov> Sent' Monday, June 26, 2023 9 29 AM To. Adria Abeyta <aabeyta@ubeo corn> Cc. Sharon Benson <sbenson@weld gov> Subject. RE Weld County Service Agreement review Redlining already completed in previous document Resending Also, did the maintenance cost increase? The previous agreement was for $1459, but this agreement is $1495 Thanks Nancy "Wonder Lead Project Manager / Business Process Analyst Weld County Government Information Technology PO Box 758 / 1401 N 17th Avenue Greeley, CO 80632 Phone 970-400-2562 nwonder@weld gov Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which rt is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received the 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• Adria Abeyta <aabevta(oiubeo corn> Sent• Monday, June 26, 2023 9 25 AM To Nancy Wonder <nwonder@weld gov> Subject RE Weld County Service Agreement review m���a�"riauum �n-aiigHAdi "pro, is �NThis IVlessa" eY1s�i�From an`Ext�rnal Sender � ,���� n'��E��� This message cam.frorri, o6tside your'.,organization Hi Nancy, We are willing to make those changes Can you please red line what you would like changed and send it to me please? Adria Abeyta Vice President of Sales BUSINESS SERVICES C 303 746 5837 #thepowerofU From: Nancy Wonder <nwonder@weld gov> Sent Monday, June 19, 2023 11 09 AM To Adria Abeyta <aabevta@ubeo corn> Subject Weld County Service Agreement review Hello, 2 Just following up on my previous email Thanks .fancy -Wonder Lead Project Manager / Business Process Analyst Weld County Government Information Technology PO Box 758 / 1401 N 17th Avenue Greeley, CO 80632 Phone 970-400-2562 nwonder@weld gov 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 a 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. Nancy Wonder Sent. Monday, June 12, 2023 12 26 PM To. aabeyta(uiubeo corn Cc: Sharon Benson <sbenson@weld gov> Subject. FW Service Agreement review Hi Adria, Can you confirm that you agree to the strike -outs as done in the previous agreement Per your comments, its unclear We also need to strike out the attorney fees section in line item 8, as done in the previous agreement I updated the document attached Did the maintenance cost increase? The previous agreement was for $1459, but this agreement is $1495 Thank you Nancy 'Wonder Lead Project Manager / Business Process Analyst Weld County Government Information Technology PO Box 758 / 1401 N 17th Avenue Greeley, CO 80632 3 Phone 970-400-2562 nwonder@weld gov Confidentiality Notice Tics 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• Adria Abeyta <aabevta(aiubeo corn> Sent: Wednesday, March 29, 2023 11 47 AM To. Sharon Benson <sbenson@weld gov> Subject. URS/ UBEO Service Agreement Renwal Caution This email onginated,from outside of Weld County Government DOlnot click links or open attachments`unless you recognize the sender a'nd know the"content is safe Hello Sharon, Your 3 -year service agreement on the HP T2600 is up for renewal on 3-16-23 I have the renewal agreement and have made the appropriate strikes in the terms and conditions to match the previous agreement we agreed upon I have also attached the previous agreement as a reference If you'd like to renew the service agreement, please sing and return the attached Please let me know if you have any questions Have a great day, Adria Abeyta Vice President of Sales BUSINESS SERVICES C. 303 746 5837 #thepowerofU 4 Contract Form New Contract Request Entity Information Entity Name* UBEO BUSINESS SERVICES Entity ID. /O020033595 Contract Name. UNITED REPROGRAPHIC SUPPLY INC. (UBEO BUSINESS SERVICES) SERVICE AGREEMENT Contract Status CTB REVIEW New Entity? Contract ID 7176 Contract Lead* NWONDER Contract Lead Email nwonder@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # NA Contract Description* PUBLIC WORKS HP PLOTTER MAINTENANCE COMES WITH TERMS AND CONDITIONS REQUESTED BY WELD COUNTY LEGAL AND AGREED UPON BY VENDOR. THE MAINTENANCE RENEWAL PERIOD IS FROM 3/16x2023 TO 3 1 5{2026. THE COST IS S1495.00. Contract Description 2 Contract Type* AGREEMENT Amount. $1,495.00 Renewable. YES Automatic Renewal NO Grant ICA Department INFORMATION TECHNOLOGY-GIS Department Email CM- InformationTechnologyGIS weldgov.com Department Head Email CM- InformationTechnologyGlS- DeptHead Oweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO R N EY.A W E LDG OV.COM Requested BQCC Agenda Date. 07;05;2023 Due Date 07:01/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date 03;16/2023 Termination Notice Period Contact Information Contact Info Review Date. 01,.'01;2026 Renewal Date. 03;15,2026 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 ADM AEEYTA Purchasing PRIMARY AAEEYTAc 'UBEO.COM 303.746.5837 Purchasing Approver Purchasing Approved Date CONSENT 07;'05,' 2023 Approval Process Department Head RYAN ROSE DH Approved Date 07;`05 2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07,10 2023 Originator NWONDER Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 07 05, 2023 07;'05;'2023 Tyler Ref #E AG 071023 Hello