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Home My WebLink About20222400.tiffeassaressessore Cor4oc+ ID#�t�17Z PASS -AROUND TITLE: DEPARTMENT: BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW 2022 Renewal for KoFile Software Information Technology DATE: 8/2/22 PERSON REQUESTING: Ryan Rose n Brief description of the problem/issue: KoFile software provides a connection between our Banner and Application Extender environments, enabling IT to create reports on documents and budget items. This is an annual renewal, and the Terms and Conditions have been approved by the County Attorney's Office. The 2022 Renewal will cost $19,853.10 and was properly budgeted for in the 2022 Budget. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1) Approve the renewal 2) Hold work session to discuss options Recommendation: Information Technology recommends that we purchase the renewal. Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine Approve Recommendation yid" Schedule Work Session Clevvjs 1\kke ; JoCob riurd+- 31c&4fc( f-h�S cn+vacf hGtS 'en St9nect i n+evrnk kt i helot DepavErnen+1 the past Cr1 seavS &4tc(:off/ It zi z0-12_ Other/Comments: Cot fi ce/oA16,4-e-Kri) OW I 7/21_, Vopea 2022-2400 vi0O\1 Kofile SALES ORDER NO. 1560477 CUSTOMER NO. DATE ORDER TO BE FILLED BY SF No. COWELDC 4/16/2022 Kofile Weld County B L 1401 N. 17th Ave. 0 Greeley. CO 80631 Attn: Ryan Rose s Weld County H 1401 N. 17th Ave. I 0 Greeley. CO 80631 Attn: Jacob Mundt CUSTOMER CONTACT: PURCHASE ORDER NO.: Attn: Ms. Mary Truslow & Mr. Jacob Mundt 970-400-2518 - 970-400-2521 mtruslow@co.weld.co.us; PHONE/Email: jmundt@weldgov.com PURCHASE ORDER DATE: SALESMAN: Mike Patty (918-514-0320) SALESMAN NO. 156 (mike.patty@kofile.us) PRODUCT NO. PRODUCT DESCRIPTION QTY UNIT PRICE SALES AMOUNT 8539000 AppXtender Reports Management Server, 08/30/22 - 08/29/23 1 $2,002.90 $2,002.90 8539000 AppXtender Reports Management Server, test license, 08/30/22 - 08/29/23 1 S1,334.60 $1,334.60 8539000 Pegasus Scanfix for ApplicationXtender, 08/30/22 - 08/29/23 20 $0.00 $0.00 8539000 Psigen PSI:Capture 120K/Yr, 08/30/22 - 08/29/23 1 $1,007.10 $1,007.10 8539000 AppXtender Image Capture Server, 08/30/22 - 08/29/23 1 $0.00 $0.00 8539000 ApplicationXtender Server CC 10 -Users , 08/30/22 - 08/29/23 2 $6.005.30 $12.010.60 8539000 ApplicationXtender Server CC 5 -User test license, 08/30/22 - 08/29/23 1 $1,001.00 $1,001.00 8539000 AppXtender xPlore Full Text Client. 10 -users. 08/30/22 - 08/29/23 2 $421.00 $842.00 8539000 ApplicationXtender OCR Server. 08/30/22 - 08/29/23 1 $533.80 $533.80 8539000 AppXtender xPloreFull Text Server, 08/30/22 - 08/29/23 1 S1,121.10 $1,121.10 Note: The Kofile invoice will be processed by our GovOS group. We will provide a W9 upon request. Note: OpenText (OT) has implemented a 10% reinstatement fee for any orders received on or after your maintenance expiration date. For any orders received after your expiration date, Kofile must add the 10% fee as we are charged this fee from OT. SPECIAL INSTRUCTIONS: Note: This sales order is for AX and Psigen software maintenance. The annual software maintenance provides unlimited phone support and product updates for 1 year. Renewal support dates are: 08/30/22 - 08/29/23. Please sign and email me (Mike Patty) @ 918.512.4360 for order processing. This is a sales quote only and once we receive signed approval the order will be processed, an invoice will be generated and mailed for processing. If providing reference the above sales quote # on your PO copy. AX Psigen (within a version) or fax back to processed. Once a PO copy, please Please note that this is not an invoice, one will be mailed after order processing. Kofile Remittance Address: PO Box 676184 - Dallas, TX 75267-6184. SUB TOTAL $19.853.10 SALES TAX AUS CUSTOMER ACCEPTANCE 1 1 7 2022 FREIGHT I i $0.00 GRAND TOTAL $19,853 10 Terms and Conditions Payment Terms Customer agrees to remit payment to Kofile within 30 days from issuance of invoice Limited Warranty Hardware and Commercial Software Warranties If third -party hardware and/or commercial software is furnished under this agreement then Kofile shall to the maximum extent allowable by said thud -party vendors pass -through to the Customer all manufacturers warranties for materials furnished under this agreement Kofile shall provide only the standard manufacturers warranties guarantees and/or exchange policies for defective items which are offered through the manufacturers themselves KOFILE MAKES NO OTHER WARRANTIES WHATSOEVER EXPRESS OR IMPLIED WITH REGARD TO THE HARDWARE AND COMMERCIAL OFF -THE -SHELF SOFTWARE IN WHOLE OR IN PART KOFILE EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE Rights to Thud Party Software Rights to thud party commercial off -the -shelf software provided by thud -party software vendors including "shnnk wrap" and "click wrap" software are subject to the provisions of the software licenses provided by those thud -party software vendors and Customer understands and agrees that acceptance and use of such thud -party software shall be deemed an acceptance of the terms and conditions of the licenses Client further agrees to use the thud party software in accordance with the terms of those licenses In the event Client requested Kofile to install thud party software that contains shnnk wrap or 'click -wrap software Client hereby authorizes Kofile to accept such shrink wrap or click - wrap" software on behalf of the Ghent when the software is installed Limitation of Liability IN NO EVENT SHALL KOFILE BE LIABLE TO THE CUSTOMER HEREUNDER FOR ANY CLAIMS PENALTIES OR DAMAGES, WHETHER IN CONTRACT TORT OR BY WAY OF INDEMNIFICATION OF THE FULL PRICE OF THE ORDERED GOODS AND SERVICES UNDER THIS AGREEMENT UNDER NO CIRCUMSTANCES WILL KOFILE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL INDIRECT PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY THIS LIMITATION SHALL APPLY EVEN IF CUSTOMER HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES UNDER NO CIRCUMSTANCES WILL KOFILE BE RESPONSIBLE FOR THE LOSS OF DATA OR SOFTWARE Force Majeure Neither party to this agreement shall be responsible for delays or failures in performance resulting from an act of God war civil disturbance labor dispute or other cause beyond the reasonable control of such party Ownership of Data Customer will retain all title rights, and ownership of all data including associated indexes film and other data provided to Kofile, whether stored on magnetic tape magnetic disk CD-ROM disk (or other "like electronic media that may be used) Risk of Loss 8 Title Kofile shall bear the risk of loss or damage to any hardware and commercial software provided under this agreement while in transit to the Customers designated delivery or installation site The Customer shall bear all nsk of loss or damage to the hardware and commercial software after delivery to the Customer site unless such loss or damage is due to the negligence or willful acts of Kofile its employees agents representatives or subcontractors Title and risk of loss to the hardware and commercial software shall pass to the Customer upon the date products were delivered to the customers site Returns Customer may return hardware and commercial software products purchased from Kofile within 15 days from the date products were delivered to the Customers site Termination for Breach If Customer or Kofile materially breaches any of the terms and conditions set forth in this agreement or fads to perform the obligations set forth In this Agreement and fads to cure the breach or failure within thirty (30) calendar days (or other reasonable period stated in the notice) after receipt of wntten notice specifying the basis for the breach or failure to perform Customer or Kofile may terminate this agreement for breach Termination shall be effective upon wntten notice to the other party Customer agrees to discontinue use of all Kofile-owned materials no later than the effective date of termination and return such Kofile-owned materials to Kofile within thirty (30) calendar days after termination If terminated by Customer for Kofile s breach Customer will not be liable for additional charges after notice of breach Entire Agreement The contents of this agreement constitute the entire understanding and agreement between the parties and supersede any prior agreements written or oral that are not specifically referenced and incorporated in this agreement The terms and conditions of this agreement shall not be changed or modified except by written agreement signed by both parties The parties agree that in event Client provides Kofile with a purchase order or any other document containing terms or conditions that are in addition to or in conflict with the terms and conditions contained in this agreement, such additional and/or conflicting terms shall be deemed null and void Work being performed by Kofile throughout the project is earned as completed therefore in the event the Customer cancels this sales order without cause the Customer shall equitably compensate Kofile for all services performed through the effective date of the cancellation Stop Work Kofile is entitled to stop work on this Agreement when the funding or cost limit specified on page one is reached Under no circumstances will Kofile be required to perform services or provide deliverables in the absence of available funding Contract Form New Contract Request Entity Information Entity Name* KOFILE TECHNOLOGIES Contract Name* 2O22 ANNUAL RENEWAL Contract Status CTB REVIEW Contract Description* RENEWAL FOR SERVICES FOR 2O22 Contract Description 2 Contract Type* AGREEMENT Amount 019,850.10 Renewable* NO Automatic Renewal Grant IGA Entity ID* . xOO371O5 Department INFORMATION TECHNOLOGY-GIS Department Email CM- InformationTechnologyGlS weldgov.com Department Head Email CM- Infor rationTechnologvGlS- DeptHead weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYAWELDG OV.COM New Entity? Contract ID 6172 Contract Lead* JMUNDT Contract Lead Email jmundtgco.weld.co.us Requested BOCC Agenda Date* O8/O81O22 Parent Contract ID Requires Board Approval YES Department Project # Due Date 08.04 2O22 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 Review Date* 05x0112023 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date 08; 31;2022 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CONSENT 08 1 1 ; 202 2 Approval Process Department Head RYAN ROSE DH Approved Date 08/11/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08 17 2022 Originator JMIUNDT Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 00 1 1 , 2022 08.'1 1 2022 Tyler 'Ref # AG 081 722 Hello