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HomeMy WebLinkAbout20231125.tiffCov thicf tcSZ°j PASS -AROUND TITLE: DEPARTMENT: BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW 2023 SETPOINT TECHNICAL SUPPORT AGREEMENT information Technology DATE: 4/11/23 PERSON REQUESTING: Ryan Rose Brief description of the problem/issue: This will renew technical support services for SetPoint, who provides software and support for HVAC Systems used by Facilities. The agreement has been approved by Toby Taylor and the County Attorney's office. The cost of the agreement is $5,902, which was properly budgeted for in the 2023 Fiscal Year. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) Approve the agreement 2) Request a work session Recommendation: IT and the Facilities Department recommend approving this technical support agreement Perry L. Buck, Pro -Tern Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine Con,tnale- 04-/A/73 Approve Recommendation Schedule Work Session Other/Comments: ee.:0thie,„e(xer) 9/a 3 2023-1125 rvoO\Z Karla Ford From: Sent: To: Subject: Approve Kevin Ross Kevin Ross Wednesday, April 12, 2O23 8:29 AM Karla Ford Re: Please Reply - 2O23 Setpoint Tech Support Agreement - IT PA From: Karla Ford <kford@weld.gov> Sent: Wednesday, April 12, 2O23 8:24:47 AM To: Kevin Ross <kross@weld.gov>; Lori Saine <Isaine@weld.gov> Cc: Esther Gesick <egesick@weld.gov> Subject: Please Reply - 2O23 Setpoint Tech Support Agreement - IT PA Please advise if you approve recommendation. Thank you! Karla Forth Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758. Greeley, Colorado 80632 :: 970.336-7204 :: kford(we dgov.corn :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** 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 thct 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: CM1O3-05550@co.weld.co.us <CM1O3-0555O@co.weld.co.us> Sent: Wednesday, April 12, 2O23 8:11 AM To: Karla Ford <kford@weld.gov> Subject: Attached Image 1 Karla Ford From: Sent: To: Subject: Yes Lori Saine Wednesday, April 12, 2023 8:33 AM Karla Ford Re: Please Reply - 2023 Setpoint Tech Support Agreement - IT PA From: Karla Ford <kford@weld.gov> Sent: Wednesday, April 12, 2023 8:24 AM To: Kevin Ross <kross@weld.gov>; Lori Saine <Isaine@weld.gov> Cc: Esther Gesick <egesick@weld.gov> Subject: Please Reply - 2023 Setpoint Tech Support Agreement - IT PA Please advise if you approve recommendation. Thank you! Karla Ford ' Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordcweldgov.com :: www.weldgov.com :: **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** Confidentiality Notice: This electronic transmission and any attached documents or other writings ore 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: CM103-05550@co.weld.co.us <CM103-05550@co.weld.co.us> Sent: Wednesday, April 12, 2023 8:11 AM To: Karla Ford <kford@weld.gov> Subject: Attached Image 1 collaborative solutions unmatched training. DENVEP 8167 SouthPark Circle Littleton, CO 80120 Weld County Greeley, CO Technical Support Agreement Account Manager: Mark Hopp 2/16/2023 COLORADO SPRINGS 1055 Elkton Drive Colorado Springs, CO 80907 MINNESOTN. 1831 121st Street East Burnsville, MN 55337 24/7 service 1.800.37 2.8837 info@setpointsystems.com setpointsystems.com oZoo2 - //02 TECHNICAL SUPPORT AGREEMENT (TSA) ESTIMATE NUMBER: DATE: SUBMITTED TO: Now known as Customer PROJECT: NET PRICE: SPECIAL REMARKS PERIODIC BILLING FREQUENCY: REMARKS: RM2023020029 2/16/2023 Toby Taylor Director of Facilities Weld County 1105 H Street, P.O. Bx 758 Greeley, Co, 80632 TSA T2312 - Term: 4/1/2023 through 3/31/2024 TSA Term Cost Per Visit Total Annual TSA Visits Term Cost 1 year $2,951 $5,902 - _ 1 (2) 8 -hour visits Pricing includes enteliWEB/enteliVIZ annual software renewal (Currently expires July 17'', 2023) Annually after 1s1 Visit Given time, Setpoint will provide the services listed in accordance with the attached TECHNICAL SUPPORT AGREEMENT, which includes: • System Hardware, Firmware, and Software Services • Attachment A - BAS covered in this agreement • Attachment B - Technical Support Tasks • Attachment C - IT Technical Support Tasks • Attachment D - Software License Management • Terms and Conditions Proposal Accepted By Customer Signature Mike Freeman, Chair, Board of Weld County Commissioners Printed NamefTitle APR 1 9 2323 Date Page 2 of 11 TSA 1-2023-V1 Submitted By Setpoint Systems Corporation IM&cic HoFf> Account Manager Approved by President Z � /SegerQ.:far) Date Setpoint Systems Corporation 02a- Po? TECHNICAL SUPPORT AGREEMENT (TSA) SYSTEM HARDWARE, FIRMWARE, AND SOFTWARE SUPPORT Based on available time, Setpoint Systems Corporation (Setpoint) can provide the services listed herein to Customer on the Building Automation System (BAS) described in the attached documents that specify hardware, firmware, and software services by a factory -trained service representative. SERVICE RESPONSE AND ONSITE SUPPORT PHONE AND/OR ONLINE ACCESS Setpoint will respond within ONE (1) hour after initial notification by an authorized representative of the Customer's facility utilizing Setpoint's 24/7 service line 800- 372-8837 or service@setpointsystems.com. CONSULTATION Setpoint will provide phone consultation to the Customer regarding system hardware and software operation and database changes. Phone consultations will not exceed FIFTEEN (15) minutes. Corrective maintenance and system repairs of other Setpoint contract customers shall take priority over remote online access and/or phone consultations. ONLINE ACCESS Setpoint will remotely log in to a system, provided the Customer has a BAS web - accessible system and Setpoint has administrative login rights supplied by the Customer. The Customer shall maintain and be responsible for the cost of any online access requirements connected to and/or required to maintain and troubleshoot the BAS. ON -SITE If the Setpoint representative determines a site visit is required to complete RESPONSE diagnostics or to make corrections, Setpoint will be on -site within TWENTY-FOUR (24) hours of the call. Service calls are subject to the labor rates described herein (See 'SERVICE PRICING' on page 5). ON -SITE Setpoint will document each on -site service call and/or TSA visit in the Setpoint DOCUMENTATION provided Log Book on site showing time, date, operator, and a brief description of the activity along with any recommendations. Setpoint will provide the on -site Log Book consisting of the following: • Emergency contact procedures • As -built drawings (where applicable) • Operator log • O&M manuals (where applicable) • Service log • Flash drive for system backups • Equipment log AGREEMENT The Technical Support Agreement performance will be reviewed with a Customer COVERAGE representative at least one time per year. The review will include a summary of the REVIEWS past year's activity under the contract and an evaluation of the coverage against customer needs. Suggestions for a change in coverage or other improvements will be discussed. COVID-19 Masks will be worn by our staff at all times, social distancing will be exercised, & PRECAUTIONS work areas will be kept clean and sanitized Setpoint employees will adhere to the jobsite policies concerning COVID-19 Page 3 of 11 TSA 1 -2023 -Vi Setpoint Systems Corporation EXTENDED SERVICES SOFTWARE Setpoint will back up the BAS database(s) for controllers and operator PROTECTION workstations (OWS) on each site visit (where applicable). In the event of memory loss on any of the servers, OWS, or controllers, Setpoint will reload the affected databases from the current backup copy that is stored in the Log Book flash drive. SYSTEM A Setpoint Account Manager will be available on a regular basis for system PERFORMANCE consultation regarding energy management, performance reviews, system REVIEWS upgrade strategies, system migration, expansion and other BAS improvement measures. ON -SITE SERVICE Technical support shall be performed in accordance with a program of Delta & TECHNICAL Controls standardized routines. Components suspected of being faulty may be SUPPORT repaired or replaced at Setpoint's recommendation to restore system integrity. Services may include: ® Priority hardware repair ® Advanced replacement 0 Loaner program (Delta Controllers Only) 9 Management of licenses 9 Firmware and software upgrades ® Assigned service account manager 0 Update and upgrade planning 0 System audit AGREEMENT The TSA performance will be reviewed with a Customer representative at least one COVERAGE time per year. The review will include a summary of the past year's activity under REVIEWS the contract and an evaluation of the coverage against customer needs, including suggestions for any change in coverage or other improvements. CUSTOMER TSA Customers are given priority seating for unlimited FREE training per TRAINING Setpoint's training schedule at the Colorado and Minnesota offices. Classes will be hands-on classes taught by factory -trained instructors. Class material, continental breakfast and lunch will be provided. TSA Customers may attend classes as often as desired based on space availability. Specialty classes do not apply. Customers may register on SetpointSystems.com. Access to our on-line training videos (when available) and technical articles. Page 4 of 11 TSA t-2023-Vt Setpoint Systems Corporation SERVICE PRICING TSA SERVICE RATES NON-TSA SERVICE RATES TSA CUSTOMERS' BILL RATES PARTS Regular Rate $105.00 $193.00 Rates include: O.T. Rate $157.50 Sundays & Holidays Rate $210.00 $289.50 $386.00 • Regular service hours are 7:30 am to 4:30 pm Monday to Friday • 1-1/2 times standard rate for non -business hours • 2 times standard rate for Sundays and holidays • 1 hour minimum portal-to-portal charge for site visits • 2 hour minimum on -site charge for site visits • Mileage charge of $1.10 per mile from Setpoint office in Littleton, Colorado to the Customer's location and return to the Setpoint office • Taxes are based upon local requirements • Freight is added to the total cost of an order when identified • Phone consultations exceeding fifteen (15) minutes will be billed in '/2 hour increments TSA Customers qualify for list price less 50% on all Delta components and list price less 30% on all other materials Page 5 of 11 TSA 1-2023-V1 Setpoint Systems Corporation ATTACHMENT "A"- BAS COVERED UNDER THIS AGREEMENT NUMBER: O S a r. — — r 3 0 c C R M2023020029 a ea a s a s an a s a s SS a s a a t1a _AEPS an r. a s9 wV V I r O 0 C G O 00� •r N. - r 4 r .c O r o tVg PIP L — r M • i 3 t rE f a n — Fr7S II II II II II II I SS SS SS — — — — — .4 H . k V - •4 zThgri V V v V i •. Sf . I I I I I I I I I J F r V v itt sR • V J • r y •r oda — - a a gal 1 ogRP s e t^ r 1 G• i O Pages of 11 TSA 1.2023•V 1 Setpoint Systems Corporation ATTACHMENT "B"- TECHNICAL SUPPORT TASKS NUMBER: RM2023020029 SOFTWARE SUPPORT TASKS Based on available time, the following technical support tasks may be performed in accordance with a program of manufacturer's and industry standardized routines. Components suspected of being faulty will be reported to the Customer and may be repaired or replaced with the Customer's written approval. PROGRAM VERIFICATION AND FINE TUNING: Rotating schedule of sample checks of programs HARDWARE VALIDATION AND INSPECTIONS: Rotating Schedule of Sample Tasks Control Loops: Trend Logs: Alarms: Scheduling: General- Visual Inspections: Terminal Operations: • Review set points • Review database setup • Interview end -user comfort and operations • Tune control loops, as required • Review database setup and reporting • Verify system scanners • View trend logs: single, multiple point displays • Review alarm reports • Review database setup and reporting • Review alarm messaging • Review alarm priorities • Interview end -user for proper start/stop times • Review databases • Check all panels • Check for panel drawings • Check all panel terminations • Check all connectors: Power, PC, Printer, RS485, ModBus, etc. • Check for tagging • Check indication lights operational: • Power "on" switch light • CPU control light • Scan rate light • VDC power light • Log -in light • Output indication light • Input indication light • HOA switches in "Auto" position Review On -Site Logbook: • Program changes • Set point changes • System database backups • Problems • Successes • Check and test PC: o Clean screen (s) o Visual display clarity o Cable connections o Operating system diagnostics we Y.. sds—ayrr e.. t -. .rn-3a3SGc"-7 TL . - iSING».— NICI.iF s%JtF tJil .J .rye �s...%v .�riliu--� 2-' ekr _�_..� �,Jee-ssasworveer c"Inaf r-•- • «�-•.-iivliZ!s7LCPaL�2 — � • Page 7 of 11 TSA 1-2023-V1 Setpoint Systems Corporation HARDWARE SUPPORT TASKS SYSTEM END - TO -END INTEGRITY TESTS: Rotating schedule of sample point checks Perform System Diagnostics: Digital Inputs: Analog Inputs: Digital Outputs: Analog Outputs: Pulse Points: Page 8 of 11 TSA 1-2023-V1 • Perform system diagnostic testing • Print system reports • Report all errors and recommendations • Report all errors and recommendations • Backup database and provide back-up media • Check operations • Check calibration and re -calibrate, if required • Check database for setup • Check operations • Check calibration and re -calibrate, if required • Check database for setup • Check operations by point commanding • Check calibration and re -calibrate, if required • Check database for setup • Check operations by stroking device via point commanding • Check stroke and seating and re -calibrate, if required • Check database for setup • Check operations • Check calibration and re -calibrate, if required • Check database for setup Setpoint Systems Corporation ATTACHMENT "C"- IT TECHNICAL SUPPORT TASKS NUMBER: R M2023020029 IT SUPPORT TASKS Based on available time, the following IT technical support tasks may be performed in accordance with a program of manufacturer's and industry standardized routines. MAINTENANCE UPDATES PERFORMANCE LOG BOOK: Page 9 of 11 TSA 1-2023-V 1 • Removal of thermal dust/debris • Clean and reset circuit boards • Power surge/UPS equipment check • Virus check • Hard disk space verification • Hardware and software inventory • Hardware diagnostics • OS Service Pack verification/installation and updates if applicable • Controls software update recommendations; proposal provided by Customer's Account Manager • Virus definition update verification • Hardware and software update if applicable • Software license management and annual cost if applicable • PC performance optimization • Server performance optimization • OS startup optimization • Network performance optimization • Check Log Book • Address and log all items performed on call in addition to recommendations Setpoint Systems Corporation ATTACHMENT "D"- SOFTWARE LICENSE MANAGEMENT While the TSA agreement is enforced, Setpoint will manage the renewal of the following licenses for this system throughout the TSA's duration. Software Description , N/A NO YES enteliWEB Facility Management Software (20!000 Points) X enteliVIZ Graphics Software _ 1 X 1 enteliWEB Add-ons: Milestone X Protect-enteliWEB camera integration X enteliWEB Facility Scheduler X enteliWEB Weather Gateway X enteliWEB Interactive Kiosks X enteliWEB Network Tool X enteliWEB Data Transfer Module X enteliWEB Device Snapshot Tool x enteliWEB Meter Correction X enteliWEB Bookmark Module X enteliWEB Commissioning Module I X enteliWEB Advance Points List Widget X enteliWEB BMS Reporting X enteliWEB Tenant Billing { X enteliWEB Energy X enteliWEB Earthrig-ht Energy Dashboard X Visual BACnet X enteliWEB Optigo Integration Module _ Kaizen Energy Analytics X Leaacv Products: ORCAview X ORCAweb X Illustrator X Historian X Page 10 of 11 TSA 1-2023-V1 Setpoint Systems Corporation TERMS & CONDITIONS By accepting this Proposal, Customer agrees to be bound by the following terms and conditions: 1.0 GENERAL PROVISIONS 1.1 Normal working hours are defined as 7:30 A.M. to 4:30 P.M. Monday through Friday inclusive, excluding Holidays. 1.2 Throughout the term of this agreement, CUSTOMER shall maintain site conditions within the common environmental range of all system devices, as specified in the specifications. Setpoint Systems Corporation reserves the right to terminate or refuse service when, in its opinion, conditions at the site installation represent a health or safety hazard. 1.3 Customer shall provide reasonable means of access to the equipment being serviced. Setpoint Systems shall not be responsible for any removal, replacement or refinishing of the building structure, if required to gain access to equipment. Setpoint Systems shall be permitted to control and/or operate all equipment necessary to perform the services herein described as arranged with the Customer's representative. Customer shall make available, if requested for safety reasons, an authorized representative on the premises during Setpoint Systems' performance of service. 1.4 Setpoint Systems shall warrant all new materials provided under this contract for one (1) year from date of installation. 1.5 This agreement, when accepted in writing by the Customer and Setpoint Systems, shall constitute the entire agreement between the two parties. 1.6 All Setpoint Systems materials, tools, documentation and test equipment used on the job site shall remain exclusive property of Setpoint Systems. Setpoint Systems shall have use of common building tools, such as ladders, etc. 2.0 TERMS OF PAYMENT 2.1 For services not covered herein and performed by Setpoint Systems upon Customer's request, Customer agrees to pay Setpoint Systems in accordance with its then prevailing rates and terms (including reimbursement of third party bill processing and vendor qualification fees and expenses). 2.2 This agreement may be adjusted on any anniversary date for changes in labor and/or material charges, and sterns or equipment covered by mutual agreement of both parties. 2.3 Customer agrees to pay applicable sales, use or like taxes in addition to the amounts set forth above that Setpoint Systems is required to collect or that are later imposed on Setpoint Systems in connection with this agreement unless Customer provides valid evidence of exemption from such tax. 2.4 Setpoint Systems reserves the right to withhold without liability, with prior written notice, any service called for if payments due Setpoint Systems (whether under this agreement or other contract) are not made in accordance with these terms. 2.5 If technical service agreements are cancelled before completion, early cancellation fees of 3 months on annual and 6 months on 2 and 3 year agreements will be charged. 3.0 TERMINATION 3.1 If either party fails to perform or observe any covenant or obligation under this agreement, and such failure continues for a period of ninety (90) days after written notice thereof, the other party shall have the right to terminate this agreement. 3.2 Setpoint Systems shall have the right to terminate this agreement if: Customer attempts to assign this agreement without the written consent of Setpoint Systems or transfer any of its rights, proceedings, voluntary or involuntary by or against Customer, or in the event or appointment, with or without Customer's consent, of a receiver for the benefit of creditors; or if a Customer fails to make any payment required under the agreement within thirty (30) days after the same shall become due and payable. 3.3 In the event of termination, all payments inva,ced but not paid by the Customer shall become immediately due and payable. Charges for all other work performed for which Customer has not been invoiced shall immediately become due and payab:e upon request by Customer of an invoice. 4.0 LIMITATION OF LIABILITY AND WARRANTY 4,1 Setpoint Systems shall not be liable for any loss, delay, injury, or damage that may be caused by circumstances beyond its control, including, but not restricted to, acts of God, war, civil commotion, acts of government, fire, theft, corrosion, floods, water damage, lightening, freeze -ups, strikes, lockouts. differences with workmen, riots, explosions, quarantine restrictions, delays in transportation, shortage of fuel, labor or materials, or malicious mischief. IN NO EVENT SHALL SETPOINT SYSTEMS BE LIABLE FOR ANY SPECIAL INDIRECT, CONSEQUENTIAL OR SPECULATIVE DAMAGES; however, this sentence shall not relieve Setpoint Systems of any liability for damage to property or injury to persons resulting from accidents caused directly by the negligence of Setpoint Systems in performance or failure of performance of its obligations under this agreement. 4 2 Setpoint Systems shall not be required to make safety tests, install new devices or make modifications to any equipment beyond the scope of the original contract in order to comply with recommendations or directives of insurance companies, government bodies, or for other reasons, 4.3 Setpoint Systems shall not be required to make replacements or repairs necessitated by reasons of negligence, abuse or m suse, or by reason of any other cause beyond its contro except ordinary wear and tear. 4.4 This agreement pre -supposes that all equipment is in satisfactory working condition, is at the recommended version level, and unmodified. Upon initial inspection or initial seasonal startup, Setpoint Systems will make recommendations in writing to Customer of those repairs and/or replacements determined necessary to bring equipment to proper operating condition. Should repairs not be authorized within thirty (30) days, the equipment will be eliminated from coverage and the agreement price shall be adjusted accordingly. 4.5 If the equipment or software included under this agreement is altered, modified or changed by a party other than Setpoint Systems, this agreement can be modified to incorporate such changes and the agreement price can be adjusted accordingly. 4.6 It is understood that the provisions of this agreement apply only to the systems and equipment listed herein. Repair or replacement of any other systems or equipment not included herein is not included in this agreement. 5.0 MISCELLANEOUS 5.1 All waivers, alterations, changes or modifications to this agreement, and all notices required, must be in writing and accepted by both parties. 5.2 The provisions of this agreement are declared to be severable. Any provision, in whole or in part prohibited or unenforceable in any jurisdiction shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof. 5.3 This agreement shalt be governed by and construed in accordance with the laws of the State of Colorado. 5.4 Governmental Immunity. No term or condition of this Agreement 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. Page 11 of 11 TSA 1-2023-V1 Setpoint Systems Corporation Contract Form New Contract Request Entity Information Entity Name* SETPOINT SYSTEMS CORP Entity ID* @00010762 Contract Name* 2023 SETPOINT TECHNICAL SUPPORT AGREEMENT Contract Status CTB REVIEW Contract ID 6829 Contract Lead* JMUNDT Contract Lead Email jmundt@co.weld.co.us Contract Description* RENEWAL OF SERVICES FOR 2023, APPROVED BY LEGAL AND TOBY TAYLOR Contract Description 2 Contract Type* AGREEMENT Amount* $5,902.00 Renewable NO Automatic Renewal Grant IGA Department INFORMATION TECHNOLOGY-GIS Department Email CM - I nformationTechnologyGIS;e@ weldgov.com Department Head Email CM - I nformationTec h nologyGi S- DeptHead weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELDG EY@WELDG OV.COM New Entity? Requested BQCC Agenda Date* 04/19/2023 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04/15/2023 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 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 Review Date 02,01/2024 Renewal Date Termination Notice Period Purchasing Approved Date 04/14/2023 CONSENT Approval Department Head RYAN ROSE DH Approved Date 04/14/2023 #teal Appal BOCC Approved BOCC Signed Date BOCC Agenda Date 04/19/2023 ginator NOT Committed Delivery Date Finance Approver CONSENT Finance Approved Date 04/14/2023 Tyler Ref # AG 041923 Expiration Date* 03/31/2024 Legal Counsel CONSENT Legal Counsel Approved Date 04+14,2023 Hello