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Home My WebLink About20183727.tiffG2M-t-ra_C+ z0 4* 3359 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Touch Legal, Inc. Agreement Extension Renewal DEPARTMENT: Information Technology, DATE: December 17, 2019 on behalf of the Sheriff's Office PERSON REQUESTING: Ryan Rose Brief description of the problem/issue: Touch Legal, Inc. provides hardware kiosk systems to the Weld County Jail that deliver fully compliant electronic law library information to inmates. These shatter -proof touch screen devices allow inmates to access legal data and research materials as mandated by law. The kiosks are self-contained systems which restrict access to only the law library information. The BOCC signed the original agreement in January 2018 (2018-3727) that allowed for three one-year extensions. Fees are incurred monthly at $1,375.00 for an annual fee of $16,500 from January 1st to December 3130. In December 2018, the BOCC approved a one-year extension for January 1, 2019 through December 31, 2019 with the same annual fees. The attached agreement provides hardware and software services from January 1, 2020 through December 31, 2020 in the amount of $16,500.00 as another one-year extension. Karin McDougal has reviewed and approved the agreement. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The Weld County Jail is required to provide inmates access to law library services. This provider specializes in these systems which provide secure and restrictive access to only the required legal collections. Recommendation: Weld County IT recommends that the Board grant approval for the Chair to sign the attached agreement. Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara Kirkmeyer, Chair Steve Moreno Approve Schedule Recommendation Work Session Other/Comments: (:ti) Qr'r-i- / -027—(P° Ot1o17(blo 00I -31D-1 ZT0007 5OOO39' CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY SHERIFF'S OFFICE AND TOUCH LEGAL, INC. DBA TOUCH SONIC TECHNOLOGIES (TLI) This Agreement Extension/Renewal ("Renewal"), made and entered into 16th day of December, 2019, by and between the Board of Weld County Commissioners, on behalf of the Weld County of the Weld County Sheriffs Office, hereinafter referred to as the "Sheriffs Office", and Touch Levi, Inc, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2018-3727, approved on December 12. 2018. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement ended on December 31.2018 and allowed for three one-year extensions. • The parties agreed to extend the Original Agreement for an additional one-yearperiod. which began January 1. 2019, and ends on December 31, 2019. • The parties wish to extend the Original Agreement for an additional one-year period, which will begin January 1. 2020, and will end on December 31, 2020. • This Renewal, together with the Original Agreement and first extension, constitute the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the first one-year extension of the Original Agreement. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Touch Legal, Inc. rinted Nam Signature ATTEST: Weld Co BY: dirliet) Jel...0;e1 Deputy Clerk to BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair TO SU Head JAN 2 7 2020 `2-2O2O 7 o/t-0727 New Contract Request Entity Inform xtion Entity Name TOUCH LEGAL INC Contract Name* TOUCH LEGAL 2020 RENEWAL Contract Status CTB REVIEW Entity ID* @00029048 ❑ New Entity? Contract ID 3359 Contract Lead* NWONDER Contract Lead Email nwonder weld.co.us Parent Contract ID 3727 Requires Board Approval YES Department Project # Contract Description* TOUCH LEGAL PROVIDES HARDWARE KIOSK SYS I EMS TO THE JAIL THAT DELIVER ELECTRONIC LAW LIBRARIES TO INMATES. THIS AGREEMENT IS AN EXTENSION RENEWAL OF THE ORIGINAL CONTRACT 2018-3727 SIGNED IN JANUARY 2018 WITH A THREE ONE-YEAR EX I ENS1ON. Contract Description 2 2ND YEAR RENEWAL Contract Type AGREEMENT Amount * $16,500.00 Renewable* YES Automatic Renewal NO Grant NO IGA NO Department INFORMATION TECHNOLOGY-GIS Department Email CM- InformationTechnologyGlS a@7w eldgov.corn Department Head Email CM-Inf©rmationTectinologyGIS- DeptHead@weldgov.com County Attorney GENERAL COUNTY AI IORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELD GOV.COM If this is a renewal enter previous Contract ID If this is part of a IMSA enter &ISA Contract ID Requested BOCC Agenda Date* 01/08/2020 Due Date 01/04/2020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO 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 01/01/2020 Termination Notice Period Contact Information Contact Info Contact Name MARY VALENCIA chasing Purchasing Approver CONSENT Approval Process Department Head RYAN ROSE OH Approved Date 01/22/2020 Final Approval BOCC Approved MCC Signed Date BOCC Agenda Date 01/27/2020 Originator NWONDER Contact Type PRIMARY Review Date* 09/01/2020 Committed Delivery Date Contact Email MV a@TOUCHSONIC_COM Finance Approver CONSENT Renewal Date* 1231/2020 Expiration Date Contact Phone 1 Contact Phone 2 707-526-6655 707-953-3191 Purchasing Approved Date 01/22/2020 Finance Approved Date 01/22/2020 Tyler Ref # AG 012720 Legal Counsel CONSENT Legal Counsel Approved Date 01/22/2020 ir��rac�" (t tai BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Touch Legal, Inc. Agreement Extension Renewal DEPARTMENT: Information Technology, DATE: November 27, 2018 on behalf of the Weld Sheriff's Office PERSON REQUESTING: Ryan Rose SZ. Brief description of the problem/issue: Touch Legal, Inc. provides hardware kiosk systems to the Weld County jail that deliver fully compliant electronic law libraries to the inmate population. These devices use shatter -proof touch screens that allow inmates to access legal data and research materials as mandated by law. The kiosks are completely contained systems which restrict access to only the law library information. The BOCC signed the original agreement with Touch Legal, Inc., in January 2018 (agreement 2018-3727) that includes a clause for three one-year extensions. Annual fees are $16,500.00 and run from January 1st to December 3lst; fees are incurred monthly at $1,375.00. The attached agreement extension between the Board of Weld County Commissioners, on behalf of the Weld County Sheriff's Office, provides hardware and software services from January 1, 2019 through December 31, 2019, in the amount of $16,500. What options exist for the Board? (include consequences, impacts, costs, etc. of options): The Weld County jail is required to provide inmates access to law library services. This provider specializes in completely contained systems which restrict access to only the law library information. Recommendation: Weld County IT recommends that the Board approve the extension agreement for an additional term. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair Approve Recommendation Schedule Work Session Other/Comments: 6e,; a. car) c soCSID) I a --lam a01-3.1@7 =-r O OO7 500039 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY SHERIFF'S OFFICE AND TOUCH LEGAL, INC. DBA TOUCH SONIC TECHNOLOGIES {TLI) This Agreement Extension/Renewal ("Renewal"), made and entered into 26th day of November 2018by and between the Board of Weld County Commissioners, on behalf of the Weld County Sheriff's Office, hereinafter referred to as the "Sheriff's Office", and Touch Legal Systems, LLC, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2018-3727, approved on January 22, 2018. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on December 31, 2018, with three possible one-year extensions. • The parties agree to extend the Original Agreement for an additional one-year period, which will begin January 1, 2019, and will end on December 31, 2019. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. NONE • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Touch Legal, Inc. inithe, e.F0 -6)/e, Printed Nam Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair t1C 12 2D78 ddaii&V JeLD;€1 ATTEST: Weld •u�tyCerktothe B.ard BY: /u Olf /1��L Deputy Clerk tO he Board ooa- 3 7.2-7- • Cath BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Touch Legal, Inc. Agreement Renewal DATE: DEPARTMENT: Information Technology, on behalf of the Weld Sheriffs Office PERSON REQUESTING: Ryan Rose Brief description of the problem/issue: Touch Legal, Inc. provides hardware kiosk systems to the Weld County jail. The kiosks provide access to a fully compliant electronic law library to the inmate population. The kiosks use a shatter -proof touch screen that allows inmates to easily access legal data and research materials as mandated by law. The kiosks are completely contained systems which prevent all internet access. The BOCC signed an agreement for electronic law library hardware and software services with Touch Legal, Inc., in May 2014 (agreement 2014-1434) and the Agreement expires December 31, 2017. The attached agreement between the Board of Weld County Commissioners on behalf of the Weld County Sheriffs Office provides hardware and software services from January 1, 2018 through December 31, 2018, and may be extended for additional one-year periods thereafter, not to exceed three additional periods. The annual fee for use of the Equipment is based on a monthly fee of $1,375, for a total payment of $16,500. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Weld County Jail is required by law to provide inmates access to law library services. Touch Legal specializes in completely contained systems which restrict access to only law library services and has been working well for several years. Recommendation: It is recommended that the BOCC approve the renewal agreement for an additional year. Sean P. Conway Julie Cozad Mike Freeman Barbara K irkmeyer, Pro -Tern Steve Moreno, Chair A )rove Schedule Recommendation Work Session Other/Comments: c-&, GAs� Cz-0 1 A -O2- -e 2018-3727 ,S o 0039 WELD COUNTY AGREEMENT FOR ELECTRONIC LAW LIBRARY HARDWARE AND SOFTWARE SERVICES BETWEEN WELD COUNTY SHERIFF'S OFFICE & TOUCH LEGAL, INC., DBA TOUCH SONIC TECHNOLOGIES THIS AGREEMENT is made and entered into this day of ) 020/I, by and between the County of Weld, a body corporate and politic of the State of Co orado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631, on behalf of the Weld County Sheriff's Office, hereinafter referred to as "County", and Touch Legal, Inc., DBA Touch Sonic Technologies, whose address is 2630 Mendocino Avenue, Santa Rosa, CA 95403, hereinafter referred to as "TLI". WHEREAS, the County is in need of obtaining the services listed in the Scope of Service attached hereto and referred to herein as "Exhibit A," and WHEREAS, TLI is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the electronic law library hardware and software services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Term. The terms of this Agreement shall be from January 1, 2018, through and until December 31, 2018, and may be extended for additional one-year periods thereafter, not to exceed three (3) additional one-year periods, upon mutual written agreement of the parties made on or before December 1St of each year. Changes in compensation for extension terms shall be made for each extension year only as detailed in paragraph 3, below. 2. Services. TLI agrees to provide the law library hardware and software services set forth in Exhibit A for the compensation detailed in paragraph 3, below. 3. Compensation/Contract Amount. The annual fee for use of the Equipment commencing January 1, 2018, through December 31, 2018, shall be based on a monthly fee of $1,375.00, for a total payment of $16,500. Annual Fees as a result of extension shall be from January 1st to December 31st, of the additional year, and shall be based on a monthly fee of $1,375.00, for an annual cost of $16,500. Payment for services commencing on January 1, 2018 shall be tendered to TLI upon execution of the subject agreement. Payment for Annual Extensions as exercised by the County pursuant to Section 1 shall be payable within 30 days of the commencement date of the said extension. Payment shall be delivered to the address set forth above, or as such place as TLI may designate from time to time. TLI agrees to stay in compliance with current state and federal law relating to the services provided, and will not increase charges during any annual period in order to remain compliant. 4. Independent Contractor. TLI agrees that it is an independent contractor and that TLI's officers, agents or employees will not become employees of Weld County, nor entitled to any employee benefits from Weld County as a result of the execution of this Agreement. TLI shall 72014- i<745z perform its duties hereunder as an independent contractor. TLI shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. TLI, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and shall not pay for or otherwise provide such coverage for TLI or any of its agents or employees. 5. Insurance and Indemnification. TLI must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. TLI shall keep the required WorkersCaripensEdixt insurance, as required by state statute, Employer's Liability Insurance covering all TLI's employees and Commercial General Liability Insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of TLI. The County in no way warrants that the minimum limits contained herein are sufficient to protect TLI from liabilities that might arise out of the performance of the work under this contract by TLI, its agents, representatives, employees, or subcontractors. TLI shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. TLI is not relieved of any liability or other obligations assumed or pursuant to the contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. TLI shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. TLI shall provide proof of insurance to Weld County. TLI stipulates that it has met the insurance requirements identified herein. TLI shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by TLI shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 6. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by TLI shall be the basis for additional compensation unless written authorization and acknowledgement are obtained from the County for such additional services. 7. Non -Assignment. TLI may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of the County. 8. Non -Appropriation. No portion of this Agreement shall be deemed to create an obligation on the part of the County to expend funds not otherwise appropriated in each succeeding year. 9. Waiver of Immunities/Third Party Liability. No portion of this Agreement shall be deemed to constitute a waiver of any immunities of the County or its officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any person other than County and not a party of this Agreement. 2 10. Notices. Service of all notices under this Agreement shall be sufficient if given personally or mailed certified, return receipt requested, postage prepaid, at the address hereinafter set forth, or to such address as such party may provide in writing from time to time. If to TLI: Touch Legal, Inc. 2630 Medocino Avenue Santa Rosa, CA 95403 If to Weld County: Weld County Sheriff's Office 2110 O Street Greeley, CO 80634 11. Acceptance Not Waiver. The County's approval of drawings, designs, plans, specifications, reports and incidental work or materials furnished hereunder shall not in any way relieve TLI of responsibility for the quality or technical accuracy of work. Approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver or any rights or benefits provided to the County under this Agreement. 12. Miscellaneous. a. Headings. Headings used in this Services Agreement are provided for convenience only and shall not be used to construe meaning or intent. b. Governing Law. This Services Agreement shall be construed and enforced according to laws of the State of Colorado. c. Severability. If any provision of this Services Agreement is determined to be unenforceable or invalid for any reason, the remainder of this Services Agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein. d. Exhibit A Incorporated Herein. The terms and conditions set forth in the Scope of Service in Exhibit A are incorporated fully herein. Acknowledgment. The County and TLI acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 3 IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of ,2017. CONTRACTOR: Touch Legal, Inc. By: h Name: /) »,Q J Title: Mfr., rt. Date is cv/ / 9/it WELD COUNTY:datrottA.) ATTEST: 'ei BOARD OF COUNTY COMMISSIONERS Weld C ' . n Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerkthe : oard 4 Steve Moreno, Chair -J,qN 2 2 2018 SUBSTANCE: as/ /13 hi- EXHIBIT "A" SCOPE OF SERVICES 1. Electronic Law Library Hardware and Software Services. TLI hereby agrees to provide Weld County, and Weld County herby accepts the following described Equipment from TLI: • Five (5) TST 15 Library Kiosks • Five (5) Mobile Cart Brackets 2. Shipping. TLI shall be responsible for shipping any replacement Equipment to Weld County's premises. 3. Use. Weld County shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, police and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the Equipment, 4. Legal Content Updates. Weld County shall be responsible for performing installation of legal content updates, which will be provided to Weld County by TLI via electronic hard drive approximately four (4) times per year or as said content updates are provided by LexixNexis. TLI to provide training and telephone support as required. 5. Repairs. TLI, at its own cost and expense, shall keep the Equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order. Weld County shall provide TLI with facility clearance and access as required to perform Equipment repairs. 6. Loss and Damage. A. Weld County hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever with the exception that Weld County shall not be liable for loss or damage to the Equipment caused by Acts of God such as tornado, flood, earthquake or the like. No loss or damage to the Equipment or any part thereof shall impair any obligation of Weld County under this Services Agreement which shall continue to in full force and effect through the term of the Services Agreement, unless the Equipment has been lost or damaged as the result of an Act of God as above stated. B. In the event of loss or damage of any kind whatever to the Equipment, Weld County shall, at TLI's option: i. Place the same in good repair, condition and working order; or 1 ii. Replace the same with like Equipment in good repair, condition and working order; or iii. Pay to TLI the replacement cost of the Equipment. 7. Surrender. Upon the expiration or earlier termination of this Service Agreement, Weld County shall return the Equipment to TLI in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone expected, by delivering the Equipment at Weld County's cost and expense to such place as TLI shall reasonably specify within 14 days of termination. 8. Ownership. The Equipment is, and shall at all times be and remain, the sole exclusive property of TLI; and Weld County shall not have right, title or interest therein or thereto except as expressly set forth in this Service Agreement. 2 Hello