HomeMy WebLinkAbout20192377.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Salamander ID System Maintenance agreement
DEPARTMENT: Emergency Management (OEM) DATE: May 17, 2019
PERSON REQUESTING: Roy Rudisill
Brief description of the problem/issue:
The attached maintenance agreement is for the support of the Salamander Rapid Tag ID system. Weld OEM
worked with the IT Department to obtain the ID system and the Rapid Tag equipment during 2018. This
equipment helps to track responders during incidents and document Emergency Operations Center (EOC) staff
that work in the EOC
This equipment is a regional tool that we use across the County for documenting training and meetings, this
equipment is also recognized by FEMA for tracking responders time at an incident and used for allowing
residents back into a disaster area by easily identifying those that live in the effected area.
This is a critical toot for OEM and the maintenance agreement will allow us to keep the program up to date and
running properly.
I'm requesting that the BOCC allow me to add this contract to the BOCC agenda for approval, funding for the
maintenance agreement is in the OEM budget.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Approve agreement and sign contract.
Don't approve agreement.
Recommendation:
Approve Agreement
Sean P. Conway
Mike Freeman, Pro -Tern
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve Schedule
Recommendation Work Session
alt,e-4-4- 0,716.6a,
a//' -r9
Other/Comments:
2019-2377
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€!ard and tD
Solutions
haematite Agreement1
see ri.t,r `aed tcrr s anal conditions
Weld Colorado
1401 A 17th Ave
Freely, CO80631
SalamanderLIVE Track ckA,.pps
SalamanderLIVE Subscription Rapid Tag
Serial #001126196
Contract Star: Date: June 1 2019.
Contract End Date:: lay 1 ::O
Contract : 8330
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Contract Type: ware M i tenani 'Agreement
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Annual Cost: $1,000.00
PO#/Auth riz do }
Signed by:.,.�.
Date;
1
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Maintenance Agreement: Yuma and Conditions
Midwest Card and ID Solutions, l�I.,C. and the Customer, agree to the following terms and conditions whereby Midwest Card
and ID Solutions, LLC. shall provide and the Customer shall pay for maintenance services as specified in this Service
Agreement. This Service Agreement shall be effective for the period stated on the face of this document
2.2 Con umabL .s uppik such as, but not
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limited to, printheads, ribbons, foils, forms,
rubber rollers, overizaninates, cleaning rollers,
card affixing stickers, labels, toner, ribbons,
plates, print rollers, rubber platens, plate frames,
stencils, toner and other supplies for use with the
Covered Equipment, including supplies necessary
for maintenance purposes, shall be provided by
the Customer and must be approved by Midwest
Card and it) Solutions. Midwest Card and ID
Solutions' approval will not be reasonably.
withheld, Repairs, adjustments, or parts
replacement required due to the use of supplies not approved
by Midwest Card and ID Solutions will be chargeable using
Midwest Card and IL) Solutions published maintenance and
parts price list in effect at the time of performance of such
service.
2.3
contract Maintenance Services
1.1 DescQptk m: Midwest Card and ID Solutions.
LLC. agrees to provide scheduled preventive
maintenance (if applicable) and on -call remedial
maintenance for the Covered Equipment as set
forth in this Service Agreement. Midwest
Card and ID Solutions warrants that it will cause the Covered
Equipment to meet manufacturer's operating specifications
given reasonable wear and tear and equipment age and
condition (hereinafter `Maintain").
a) „ttoryettwitystyt Unless otherwise
noted in this Service
Agreement, service will be provided Monday through
Friday, 8:00 am. to 5:00 pint. (excluding holidays
observed by Midwest Card and ID Solutions.)
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t Sc fns, New Year's Day,
Easter Sunday. Memorial Day,
Independence Day, Labor Day, Thanksgiving Day,
Thanksgiving Friday, Christmas Eve Day, Christmas
Day, and New Year's Eve Day. If a holiday occurs on
Sunday, it will be observed on the following Monday.
1.2 Except as otherwise provided in this Service
Agreement, the Contract Maintenance Service
shall include all parts, labor and travel expense
necessary to Maintain the Covered Equipment
hu specifically excludes software support
unless provided for under a separate
addendum.
1.3 �"l--ecm t: ui ituc:: In consideration of Midwest Card
r • r x ..va.o 2yy...i.vo.
and ID Solutions' provision of the Contracted
Maintenance Service, customer shall pay the term
charge set forth in this service agreement.
The Term Charge is based upon coverage hours and site
location of Covered Equipment. When the Covered
Equipment site is greater than 50 miles from a Midwest Card
and ID Solutions base city, or for contracted extended service
outside of standard Coverage Hours, the Term Charge shall
include an additional charge,
�HI
2. icitsel t ;ns.K Except as otherwise provided in this Service
Agreement, the following are not covered in the Contracted
Maintenance Service and are subject to additional charges.
2,1 Ove time ,hR rg�sTr�:vx Expenses: i. •� i and d ssdtiYS r"i 1 1
overtime charges and travel expenses of Midwest
Card and ID Solutions personnel for maintenance
services not included in the Contracted
Maintenance Service shall be charged to
Customer at the rates in Midwest Card and ID
Solutions' published maintenance price list in
effect at the time of occurrence.
Any maintenance service started during the Coverage Hours
and completed within one hour after such period shall not be
treated as overtime. Service completed after such one -hour
period and service otherwise provided at Customer's request
outside of the Coverage Hours will be deemed as overtime..
A minimum charge of one hour will apply to any such
services_ Midwest Card & ID Solutions will advise the
Customer of the cost of the overtime and receive customer
consent prior to providing overtime service.
Unauthorized Use or„Service: The Contracted
Maintenance Service does not include service or
repair work caused by the failure of Customer to
observe any of the conditions in this Agreement;
failure of Customer to use the Covered
Equipment in accordance with the manufacture's
instructions; maintenance or attempted repairs or
adjustments of the Covered Equipment dy
anyone other than Midwest Card and ID
Solutions' authorized personnel; service,
reconfiguration, or upgrading of any data
communications interface occasioned by changes
made to host computers or network transmission
devices: tampering, misuse or abuse of the
Covered Equipment; or force majeure.
Maintenance services and parts so required will
be provided by Midwest Card and ID Solutions at
Midwest Card and ID Solutions' published
maintenance and parts price list in effect at the
time of performance.
2.4 Ob;3sc fete Parts..or End o ekife,: In the event that
parts required to repair or maintain covered
product are no longer available, Midwest Card &
ID Solutions, LLC may terminate coverage for
all or part of the specified product and will issue
the customer a prorated credit for the unused
portion of the term charge.
3 ye s Us bar : The Term Charges for designated Systems
included in the Covered Equipment is based upon an assumed
rate at the end of the applicable maintenance period. Midwest
Card and ID Solutions may assess an Excess Use Charge as set
forth in this service agreement.
4M ',leant The term is as shown on the face of this document., This
agreement will not automatically renew. Upon termination or
expiration of the contract, Midwest Card will only perfoirri
service requested if another contract has been signed and/or a
Purchase Order is issued authorizing Midwest Card to perform
requested service, Midwest Card personnel will not be
dispatched for service unless the client has a signed, valid
contract or has authorized a purchase order.
5. uttt axes
5.1 ! ji r~ct t jermsii Invoices shall be payable upon
receipt..
5.1 Taxes: Customer shall pay any municipal, state
of federal taxes, however designated, levied or
based on the charges payable under this
Agreement that may be paid or be payable by
Midwest Card and ED Solutions excluding
income taxes. Customer shall also pay any tax
not currently applicable but which is hereafter
held or ruled applicable by any new law,
interpretation of an existing law or otherwise. As
a government entity Customer is not responsible
for taxes. Midwest Card will confer with
customer prior to laying such taxes so customer
may contest the imposition of taxes.
6. F in en1: R It cation: The Customer must notify Midwest
Card and ID Solutions in writing at least sixty (60) days prior to
the relocation of any Covered Equipment. Customer shall be
solely responsible for all expenses, including insurance
coverage associated with moving and installation of the
equipment to a new location. If the relocation causes Midwest
Card and ID Solutions to incur increased Travel time or cost in
providing maintenance services hereunder, Customer agrees to
pay reasonable increased monthly maintenance charges.
7 Conditions:
v mwnri+.wiiFanuruau un<wnsaruru
flp ent:: Customer shall permit free
access to the Covered Equipment and shall
provide, without charge to Midwest Card and ID
Solutions, adequate storage space, working space
and all necessary utilities for use by Midwest
Card and ID Solutions personnel.
7.2 "'arts R, I. l cenitOitt Midwest Card and ID
Solutions reserves the right, at its option, to
replace or repair any part which fails to perform
its function under normal use. Midwest Card and
ID Solutions further reserves the right to use, as
its option, new. rebuilt, or reconditioned parts or
improved parts which are capable of performing
functions similar to those of the replaced parts.
iviidwest Card shall advise Customer ()fits use of
rebuilt or reconditioned parts.
8. TerminationF r talk Either party may terminate this
Agreement in the event of default by the other party, in addition
to all other rights and remedies arising from such default, upon
thirty (30) days prior written notice to the other party and where
the defaulting party has failed to cure the default within the
notice period.
9. General:
9.1
independentt 'sxctor Midwest Card and ID
Solutions is acting hereunder as an independent
contractor and shall have sole supervision of, and
responsibility for, its authorized maintenance
personnel.
9.2 Midwest Card and ID Solutions Personnel:
Customer acknowledges that Midwest Card and
ED Solutions has specially trained personnel who
perform maintenance services hereunder and
agree that during the term hereof Customer will
not solicit or otherwise attempt to employ any
such Midwest Card and ID Solutions' employee
for the purpose of performing maintenance on
any equipment serviced by Midwest Card and 1D
Solutions.
9.3 Limttat" osi of LiaNitivit Midwest Card and ED
Solutions shall not be liable for loss of use of any
of the items of Covered Equipment or for any
foss or damage occasioned by such loss of use or
by any failure to Maintain equipment properly.
Midwest Card and ID Solutions' liability
hereunder shall be limited to repair or
replacement of any parts of items of Covered
Equipment which may be damaged solely as the
result of negligence on the part of Midwest Card
and ID
Solutions' personnel. MIDWEST CARD AND ID
SOLUTIONS SHALL NOT BE LIABLE FOR ANY
FAILURE OR DELAY IN PERFORMANCE
HEREUNDER DUE TO, IN WHOLE OR EN PART, TO
ANY CAUSE BEYOND ITS CONTROL OR FOR
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES REGARDLESS OF CAUSE MIDWEST
CARD AND ID SOLUTIONS DISCLAIMS ANY
EXPRESS WARRANTIES NOT CONTAINED HEREIN
AND IMPLIED WARRANTIES INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE In no event shall
Midwest Card and ED Solutions' liability hereunder, for
breach of warranty or otherwise, exceed the cost of
replacement of the Covered Equipment.
9.4 Entire; Agreement t Amendments.: This Agreement represents
the complete agreement between the parties with respect to
the subject matter hereof and supersedes any
contemporaneous or prior written or oral understandings or
agreements with respect hereto. This Agreement may not be
altered or modified except by a writing signed by both
parties. This Agreement shall prevail in the event of any
inconsistencies s with the terms and conditions contained in a
purchase order or other document provided by Customer.
9..6 Assignment: Midwest Card & ID Solutions may assign any
or all of its obligations under this Agreement without consent
of customer. Customer may not assign any of its rights or
delegate any of its obligations under the agreement without
the prior written consent of Midwest Card & ID Solutions, and such
consent shall not be unreasonably withheld.
9.7 Suspension of Service: Midwest Card & ID Solutions will
not provide any services under the agreement if any
amounts owed to Midwest Card &. Id Solutions from
customer, as payment for services under this agreement
or otherwise, remain due and unpaid for more than sixty
(60) days.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this I 2 -
day of ••—(A.A.-4_, , 2019.
CONTRACT PROFESSIONAL:
►! d . es+ a raQ t — ell 50 k. civts
By '_ .wl��li►�i„�"'
Name:
Title: ok
Date (r, -I2 - 19
WELD COUNTY:
BOARD OF COUNTY COMMISSIONERS
Clerk to the Boar* LD COUNTY, OLORADO
JUN 2 4 2U19
08o/9-02377
Entity Information
Entity Name'
MIDWEST CARD & ID SOLUTIONS
Contract Name*
SALAMANDER TERMS AND CONDITIONS
Contract Status
CTB REVIEW
r iD *
39354
Contract ID
2797
Contract Lead*
SWI-hTMORE
❑ New Entity?
Parent Contract IF)
Requires Board
YES
Contract Lead Email Department Project
s iihitmore@co.weldso.us
Contract Description*
THIS IS A MAINTENANCE AGREEMENT'JVITH TERMS AND CONDITIONS FOR THE SALAMANDER AND RAPID TAG SYSTEM
THAT OEM USES.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$1000.00
Renewable*
YES
Automatic Renewal
Grant
sent
INFORMATION
TECHNOLOGY-GiS
Department Email
CM-
InformationTec h nologyGlS@w
eldgorf.corn
Department Head Email
CM-nfornlaticnTech ologyGIS-
DeptHead rweldoov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@4VELD
GOV. Cor41
Requested BOCC Agenda
Date*
10624/201'9
Due Date
06/20/2019
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 n
Can Base
Contract Dates
Effective Date Review Date* Renewal Date*
04(01/2020 05/31/2020
Termination Notice Period Committed Delivery Date Expiration Date
Contact Information
Contact Info
Contact Name Contact Type Contact Email
BRENEEN OURTH PRIMARY BRENaEN@MIIM'ESTCARa_COM
Purchasing
Purchasing
CONSENT
Approval Process
De n1
RYAN ROSE
H
DH Approved Date
06/19/2019
Final Approval
BOCC Approved
YES
BOCC Signed Date
06/24112019
BOCC A: ° nda Date
06/24/2019
Originator
SWHITMORE
Purchasing
06/19/2019
Finance Approver
CONSENT
finance Approved Date
06/19/2019
Tyler Ref #
2019-2377
Contact Phone 1 Contact Phone 2
Date
Legal Counsel
CONSENT
Legal Counsel Approved Date
06/19/2019
Hello