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Home My WebLink About20221074.tiffTO3\ BOARD OF COUNTY COMMISSIONERS PASS AROUND REVIEW PASS -AROUND TITLE: Setpoint Annual Agreement DEPARTMENT: Information Technology DATE: 3/22/22 PERSON REQUESTING: Ryan Rose - Brief description of the problemlissue: The attached agreement will extend services provided by Setpoint (Facilities Building Automation Services) for the next 12 months. This agreement enables two on site visits per year and provides discounts for additional services. The agreement has been approved by Toby Taylor and the Weld County Attorney's office. What options exist for the Board? (Include consequences, Impacts, costs, etc. of options): 1) Renew the agreement to leverage discounted services. 2) Do not renew, enabling access to service at non -discounted rates Recommendation: It is the recommendation of the IT Department to approve this agreement Anorove Schedule Recsmmendetlon Work Session OtherLComments: Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno ._ Lori Seine C,nfacn+ t /&t/ZZ CC: IT(3M/RR) 7/2q /ZZ Ouf (i?�a.- 2022-1074 E--+<oo l i DENVER 8167 SouthPark Circle Littleton, CO 80120 Weld County Greeley, CO T2312 Technical Support Agreement Bryan Gass 3/2/22 COLORADO SPRINGS 1055 Elkton Drive Colorado Springs, CO 80907 24/7 service MIN c 1 ESOTA 1.800.372.8837 1831 121• Street East info@setpeintsystems.carn Burnsville, MN 55337 setpolntsystems.com TECHNICAL SUPPORT AGREEMENT (TSA) ESTIMATE NUMBER: RM2021120156 PROPOSED DATE: 3/2/22 TERM START DATE: Starts on contract approval TERM END DATE: 1 calendar year from start date SUBMITTED TO: Jake Mundt Now known as Director of Application and Database Systems Customer Department of Information Technology Weld County Government 1401 N. 17th Ave Greeley, CO 90631 970-400-2521 jmundt@weldgov.com TSA235 PROJECT: NET PRICE: TSA Tenn Option Total TSA Term Total Term Cost Cost Per Visit Annual TSA Visits O 2 Visits 1 Year $5,620.00 SPECIAL Includes 1 Year enteliWEB subscription CONSIDERATIONS: 52,810.00 (2) 8 -hour visits PERIODIC BILLING Once Upfront FREQUENCY: REMARKS: Setpoint will provide the services listed in accordance with the attached TECHNICAL SUPPORT AGREEMENT, Scott K. James, Chair 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 • Terms and Conditions Proposal Accepted By Customer Submitted By Setpoint Systems Corporation Bryan Gass Sig ture Account Manager Scott K. James, Chair Printed Name/Title Approved by President APR 1 12022 Date Date Page 2 of 10 TSA 2312-2022 Setpoint Systems Corporation lit- TECHNICAL SUPPORT AGREEMENT (TSA) SYSTEM HARDWARE, FIRMWARE, AND SOFTWARE SUPPORT Setpoint Systems Corporation (Setpoint) will 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 Setpoint will respond within ONE (1) hour after initial notification by an authorized ONLINE ACCESS 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 mine access requirements connected to and/or required to maintain and troubleshoot the SAS. 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. Page 3of10 TSA 2312-2022 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 Bash 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 to include: H Priority hardware repair O Advanced replacement O Loaner program (Delta Controllers Only) O Management of licenses O Firmware and software upgrades O Assigned service account manager O Update and upgrade planning O System audit 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. 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 10 TSA 2312-2©22 Setpoint Systems Corporation SERVICE PRICING TSA SERVICE RATES NON-TSA SERVICE RATES TSA CUSTOMERS' BILL RATES Regular Rate $105.00 $180.50 Rates include: • 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 $1.00 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 'A hour increments O.T. Rate $157.50 $289.50 Sundays & Holidays Rate $210.00 $386.00 PARTS TSA Customers qualify for list price less 50% on all Delta components. Page 5of10 TSA 2312-2022 Setpoint Systems Corporation ATTACHMENT "A"- BAS COVERED UNDER THIS AGREEMENT NUMBER: RM2021120156 CURRENT POINT 16,700 COUNT: W. County toot area Nene, Cragram Page 6 of 10 TSA 2312-2022 Setpalnt Systems Corporation ATTACHMENT "B"- TECHNICAL SUPPORT TASKS NUMBER: RM20211201b6 SOFTWARE SUPPORT TASKS Technical support shall 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. Control Loops: PROGRAM VERIFICATION AND FINE TUNING: Trend Logs: Rotating schedule of sample checks of programs HARDWARE VALIDATION AND INSPECTIONS: Rotating Schedule of Sample Tasks 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 Page 7 of 10 TSA 2312-2022 Setpoint Systems Corporation N�wKA'+.we.i�WY�aY�.}Yam'-Alta-•t•v..•`.y4.'�+t•'M1Y�.av .F�ww ..._.n.i,r�:nn�`-�:��xaa�NYIIY�,r•N�1C•r-tiaMY�/Fw•-��r.s•}-an••MN�•FT�MIIPYe:��9M:GK•.w�M HARDWARE SUPPORT TASKS SYSTEM END - TO -END INTEGRITY TESTS: Rotating schedule of sample point checks Perform System Diagnostics: • Perform system diagnostic testing • Print system reports • Report all errors and recommendations • Report all errors and recommendations • Backup database and provide back-up media Digital Inputs • Check operations • Check calibration and re -calibrate, if required • Check database for setup • Check operations Analog Inputs: • Check calibration and re -calibrate, if required • Check database for setup • Check operations by point commanding Digital Outputs: a Check calibration and re -calibrate, if required • Check database for setup Check operations by stroking device via point Analog Outputs: commanding • Check stroke and seating and re -calibrate, if required • Check database for setup • Check operations Pulse Points: • Check calibration and re -calibrate, if required • Check database for setup Page 8 of 10 TSA 2312-2022 Setpoint Systems Corporation ATTACHMENT "C"- IT TECHNICAL SUPPORT TASKS NUMBER: RM20211201 b6 SERVICE RESPONSE PHONE AND/OR Setpoint will respond within ONE (1) hour after initial notification by an authorized ONLINE ACCESS representative of the Customer's facility ut tizing Setpoint's 24/7 service line BOO - 372.8837 or service@setpointsystems.com. IT SUPPORT TASKS • Removal of thermal dust/debris • Clean and reset circuit boards • Power surge/UPS equipment check MAINTENANCE • Virus check • Hard disk space verification • Hardware and software inventory • Hardware diagnostics UPDATES PERFORMANCE LOG BOOK: • 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 Page 9 of 10 Setpoint Systems Corporation TSA 2312-2022 TERMS & CONDITIONS By accepting this Proposal, Customer agrees to be bound by the fohowing teems 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 shag 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 urxier this contrail far 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 tinduding 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 items 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 .tten notice, any service called for if payments due Setpoint Systems (whether under thO 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 tails to perform or observe any covenant or obligation under this agreement, and such failure continues for a period of ninety (901 days after mitten notice thereof, the other party shall have the right to terminate this agreement. 3.2 Setpoint Systems shalt have the right to terminate this agreement it: 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 fads to make any payment required under the agreement within thirty (30) days after the same shall became due and payable. Page 10offO TSA 2312-2022 3.3 1n the event of temenation, all payments invoiced 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 payable upon request by Customer of an invoice. 4.0 LIMITATION OF LIABILITY AND WARRANTY 4.1 Setpoint Systems shall not be liable for any toss, delay, injury, or damage that may be caused by circumstances beyond its control, including, acts of God, war, civil commotion, acts of goverment, fee, theft, corrosion, floods, water damage, lightening, strikes, lockouts, riots, explosions„ quarantine restrictions. IN NO EVENT SHALL SETPOINT SYSTEMS BE LIABLE FOR ANY SPECIAL INDIRECT, CONSEQUENTIAL OR SPECULATIVE DAMAGES; however, this sentence shag not relieve Setpoint Systems of any liability for damage to property or injury to persons resulting from accidents caused directty 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 requited 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 misuse, or by reason of any other cause beyond its control 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 wilt 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 accordingy. 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 dedared 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 Thos agreement shall 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 tnmpiied:: 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. Setpoint Systems Corporation Contract Form New Contract Request Entity Information Entity Name* SETPOINT SYSTEMS CORP Contract Name* 2022 SETPOINT ANNUAL RENEWAL Contract Status CTB REVIEW Contract Description * 2022 ANNUAL RENEWAL FOR SERVICES Contract Description 2 VENDOR REQUESTS WELD CO Contract Type* AGREEMENT Amount* 5,620.00 Renewable * NO Automatic Renewal Entity ID* 10010762 LINTY SIGN FIRST Department INFORMATION I _ LCHNOLOGY-G I S Department Email CM- InformationTechnologyGlS'Q weldgov.com Department Head Email CM- InforrnationTechnologyGlS- DeptHead veldgov.com County Attorney GENERAL COUNTY A I IORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY=-WELDG OV.COM ❑ New Entity? Contract ID 5728 Contract Lead* JMUNDT Contract Lead Email jmundtgco.weld.co.us Requested BOCC Agenda Date* 04/11,{2022 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04!07;2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? tf this is a renewal enter previous Contract ID Ilf 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 Review Date* 02/01/2023 Renewal Date Termination Notice Period Contact information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 04/12/2023 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CONSENT 04,' 07;`2022 Approval Process Department Head RYAN ROSE DH Approved Date 04;07;2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 0411/2022 Originator JMUNDT Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 04;07:2022 04/0712022 Tyler Ref AG 041122 Hello