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HomeMy WebLinkAboutbocc.con.amended.287.18 K8/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 10014141.531500(Not to Exceed) Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please enter the New Vendor information into Munis for workflow approval. Contact Information: Department County Representative Jeanette Jones County Representative Phone (970) 920-5157 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 53,199.59 $ - $ - $ 53,199.59 Administration Renewal of Contract term and funding for the new term now expiring 10/6/2025. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total No Laserfiche Maintenance Agreement Peak Performance Imaging Solutions $ 53,199.59 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 53,199.59 Sole Source Contract Renewal 10/7/2018 10/6/2025 Change Order/Contract Amendment 287.18 K Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement Contract #: 287.18 Rev. 2022.08.04 CDD *Increases over $25,000 and/or 10% (single increase or accumulative) of original contract must have County Manager signature. 1 CHANGE ORDER / CONTRACT AMENDMENT Change Order Number: 287.18 K OWNER: Pitkin County, Colorado 530 E. Main St., Suite #302 Aspen, CO 81611 CONTRACTOR: Peak Performance Imaging Solutions 135 W 11th Street, PO Box 1968 Silverthorn, CO 80498 The Provision of Laserfiche Maintenance Agreement (the “Contract”) dated October 7, 2018 between the Board of County Commissioners of Pitkin County, Colorado (the “County”) and Peak Performance Imaging Solutions (the “Contractor”), is hereby amended as follows: Description of Change: Renewal of the Contract term through October 6, 2025 and budget allocation for annual licensing and maintenance per Attachment A. Reason for Change: Expiration of the Contract. Original Contract Amount $ 13,400.00 Previous Change Order/Amendment Amount $ 162,551.22 This Change Order/Amendment Amount $ 53,199.59 New Contract Total $ 229,150.81 Contract #: 287.18 Rev. 2022.08.04 CDD *Increases over $25,000 and/or 10% (single increase or accumulative) of original contract must have County Manager signature. 2 In all other respects, the Contract is in full force and effect and remains unchanged by this Amendment. PEAK PERFORMANCE IMAGING SOLUTIONS ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date BOCC Clerk Jeanette Jones Sep-12-2024 Sep-12-2024 Dan Rabinowitz IT Director Deputy County Manager Sep-12-2024 Rich Englehart PEAK PERFORMANCE IMAGING SOLUTIONS 135 West 11th St • P.O. Box 1968 • Silverthorne, CO 80498 Phone: (970) 262-2555, (970) 949-9732 or (800) 260-8806 Facsimile: (970) 262-6965 SOFTWARE SALES ORDER Bill To Pitkin County Government Contact Info Jeanette Jones 530 East Main Street 970-452-9023 Aspen, Co 81611 jeanette.jones@pitkincounty.com Date Salesperson Payment Terms System Expiration Date 08/27/24 Chynna Reddix Net 15 On Premise 09/11/24 Software Quantity Item# Description Units Total 10 ENF20 Rio Named Full User $862.16 $8,621.60 10 ERM Records Management $86.22 $862.20 10 EFRM Forms Professional - Rio $86.22 $862.20 LSAP Quantity Item# Description Units Total 10 ENF20B Rio Named Full User 0.1835616438 yr $168.05 SEE BELOW 10 ENF20B Rio Named Full User 2024-2025 Renewal $169.05 SEE BELOW 10 ERMB Records Management 0.1835616438 yr $16.91 SEE BELOW 10 ERMB Records Management 2024-2025 Renewal $16.91 SEE BELOW 10 EFRMB Forms Professional – Rio 0.1835616438 yr $16.91 SEE BELOW 10 EFRMB Forms Professional – Rio 2024-2025 Renewal $16.91 SEE BELOW 1 LSSP 2024-2025 Renewal $34,602.52 SEE BELOW Installation + Training + Pro Hours Project Description Hours Pro Hours 30 Software Subtotal: $10,346.00 LSAP Agreement (Renewable Annually): $37,003.59 Installation + Training + Pro Hours: $5,850.00 Total Due: $53,199.59 SOFTWARE TERMS AND CONDITIONS GENERAL SCOPE OF COVERAGE This software agreement allows customer access to hot line technical support. Basic technical support response times are within 8 hours and Priority technical support response times are within 4 hours. Please refer to front side of agreement for specific type of agreement. Routine updates and patches are available to customer for download. If necessary, on-site support is provided for current products including preventative maintenance and user training (see Sales order for number of hours included in sale.) In addition, customer is eligible for user workshops and training conferences. SUPPORT TERMS AND CONDITIONS Laserfiche Software Support Plans do not include support for installation, configuration, customizations, preventative maintenance, integrations, migration, deinstallation, support for other software applications, or relocation services to Laserfiche Software. Software Support Plans strictly excludes coverage for malfunctions, problems and related service requests that are caused by: (a) alterations, additions, deletions, adjustments, or repairs unless directly caused by Laserfiche, its employees, Solution Providers, or subcontractors approved by Laserfiche in writing, or (b) defects, malfunctions, or other problems in your hardware or non-Laserfiche software products, or your configurations, integrations, applications, or customizations. Software Support Plans will not cover the service or repair of any system or component that has been damaged as a result of: (i) accident, misuse, neglect, failure to follow instructions for proper use, care or cleaning of your hardware or Laserfiche Software Solution; (ii) a force majeure event including, but not limited to, lightning, flooding, tornados, earthquakes, hurricanes, strikes, civil disturbances, terrorism or war; (iii) failure due to external factors such as accidents, fires, failures or fluctuations of electrical power or air conditioning, criminal activity, hacking or malicious interference with internet or telecommunications systems, and other acts or events beyond Laserfiche’s control; (iv) abuse or excessive wear and tear; (v) third-party software, software configurations, applications, emails, downloads or any data files, worms or viruses that may corrupt your Laserfiche software or your other systems; or (vi) the moving of your system from one geographic location to another or from one purchaser or entity to another. Before requesting services from Laserfiche, it is your responsibility to back up the software and data on your servers and on any other storage device(s) in the system. UPGRADES All upgrades of software packages will be handled per specific guidelines provided by software vendor. Contact your PPIS representative for upgrade information. SERVICE CALLS Service calls under this agreement will be made during normal business hours at the installation address shown on the reverse side of this agreement. Travel and labor time for service calls after normal hours, on weekends and on holidays, if and when applicable, will be charged at overtime rate in effect at the time the service call is made. TERM This agreement shall become effective upon receipt by Peak Performance Imaging Solutions of the initial annual maintenance charge provided on the reverse side hereof and shall continue through the expiration date listed on the front of this agreement (or term listed in the exclusions, special instructions, or special terms section of this agreement). This contract shall be automatically renewed for successive similar periods subject to the receipt by Peak Performance Imaging Solutions of the maintenance charge in effect at the time of renewal, provided that the customer is not then in default. BREACH OR DEFAULT If the customer does not pay all charges for maintenance agreement provided thereunder, promptly when due: 1.) Peak Performance Imaging Solutions may refuse service or furnish service on a C.O.D. "Per Call' basis at published rates 2.) You, the customer, accept the term length of this agreement and accept that breach or default of this agreement will result in you, the customer, being responsible for full payment of said agreement. 3.) You, the customer, agree to pay Peak Performance Imaging Solution's costs and expenses of collection including the maximum attorney’s fees and collection fees permitted by law. WARRANTY Other than the obligations set forth herein, Peak Performance Imaging Solutions disclaims all warranties, express or implied, including any implied warranties of merchant ability, fitness for use, or fitness for a particular purpose. Peak Performance Imaging Solutions shall not be responsible for direct, incidental or consequential damages including but not limited to, damages arising out of the use or performance of the equipment or the loss of use of the equipment. SERVER/WORKSTATION CONDITION The server/workstation equipment must be in good condition and meet the minimum requirements provided to the customer on the commencement date of the agreement. Peak Performance Imaging Solutions will not install any software on machines that do not meet the minimum requirements. PPIS will charge customer, and customer agrees to pay, for additional labor required to return to continue installation if inadequate machines were available at the initial installation. Peak Performance Imaging Solutions will invoice the customer and this will be in addition to the price set forth on the reverse side hereof. PC CONNECTIVITY, SUPPORT, INTEGRATION Customer accepts terms & conditions of Sales Order as well as Scope of Responsibility Listed on Reverse Side of Sales Order. Standard warranty(s) for PC peripherals such as hubs, print servers, etc. is with Manufacturer. PPIS assumes there is a network drop within close proximity to machine location. PPIS requests full access to network environment to install systems efficiently & quickly. Delays not caused by PPIS may be billed to customer at PPIS discretion. PPIS offers training on software sold to customer by PPIS. PPIS does not offer basic computer skills training. Additional installation requests for additional workstations is chargeable (not Supported by this maintenance agreement) at the current rate. MISCELLANEOUS The laws of the state of Colorado shall govern this agreement and is applicable to agreements wholly negotiated, executed and performed in such State. It constitutes the entire agreement between the parties and may not be modified except in writing by a duly authorized officer of Peak Performance Imaging Solutions. (CUSTOMERS SIGNATURE ON THE FACE OF THIS AGREEMENT DESIGNATES ACCEPTANCE OF ALL OF THE TERMS & CONDITIONS OF THIS AGREEMENT) All Invoices Are Due And Payable On Receipt This customer guarantees payment within specified terms and agrees to reimburse seller for all expenses incurred in collecting the amount of this invoice. Overdue invoices are subject to late charges. Customer Acceptance Authorized Signature: Date: Certificate Of Completion Envelope Id: 5FACCAC32C424E75879966DC5BFC8AFF Status: Completed Subject: Peak Performance Imaging | Pitkin County Contract Renewal 287.18 K for Review and Signature Source Envelope: Document Pages: 5 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 76.25.143.56 Record Tracking Status: Original 9/12/2024 11:10:36 AM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Jeanette Jones Jeanette.jones@pitkincounty.com BOCC Clerk Pitkin County Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 209.209.98.55 Sent: 9/12/2024 11:12:31 AM Viewed: 9/12/2024 11:22:08 AM Signed: 9/12/2024 11:22:32 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dan Rabinowitz daniel@peakdigital.com IT Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 207.229.66.35 Sent: 9/12/2024 11:22:34 AM Viewed: 9/12/2024 12:10:51 PM Signed: 9/12/2024 12:23:48 PM Electronic Record and Signature Disclosure: Accepted: 9/12/2024 12:10:51 PM ID: e9a9776f-2cd7-482c-9682-1ff325544150 Company Name: Pitkin County, Colorado Rich Englehart rich.englehart@pitkincounty.com Deputy County Manager Pitkin County Signing Group: County Manager Group Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 172.103.36.129 Sent: 9/12/2024 12:23:50 PM Viewed: 9/12/2024 1:15:01 PM Signed: 9/12/2024 1:15:15 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Specialist Pitkin County Security Level: Email, Account Authentication (None) Sent: 9/12/2024 1:15:16 PM Resent: 9/12/2024 1:15:24 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 9/12/2024 1:15:18 PM Viewed: 9/12/2024 1:17:18 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeanette Jones Jeanette.jones@pitkincounty.com BOCC Clerk Pitkin County Security Level: Email, Account Authentication (None) Sent: 9/12/2024 1:15:19 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/12/2024 11:12:32 AM Certified Delivered Security Checked 9/12/2024 1:15:01 PM Signing Complete Security Checked 9/12/2024 1:15:15 PM Completed Security Checked 9/12/2024 1:15:19 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide you with certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically when we send you documents for electronic signature. Acknowledging your Access, Intent, and Consent to Receive and Sign Materials Electronically To confirm that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receive notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that:  I am establishing my intent to be bound to the transaction, and indicating that I am fully aware of the purpose for which the signature is being provided.  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify Pitkin County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to me by Pitkin County during the course of my relationship with you. Signing Documents without a Pitkin County DocuSign Account: Pitkin County may not require all document signers to be authorized users of the Pitkin County DocuSign Account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. When you don't have a DocuSign account, you will be provided the opportunity to agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can download and retain this disclosure. Pitkin County will forward completed documents that you've reviewed, processed or signed via email. Should you require copies of these signed documents (e.g., if they get deleted from your email account) you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. Signing Documents with a Pitkin County DocuSign Account: Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM Parties agreed to: Dan Rabinowitz Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper or electronic copies At any time, you may request from us a paper or electronic copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper or electronic copies of any such documents from our office to you, you may be charged a per-page fee. You may request delivery of such paper or electronic copies from us by following the procedure described below. Withdrawing your consent If you are an authorized DocuSign Account holder, you can decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. Described below is the process for informing us of your decision to receive future notices and disclosure in paper format and also how to withdraw your consent to receive notices and disclosures electronically. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Pitkin County: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to Helpdesk@provelocity.com To advise Pitkin County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at Helpdesk@provelocity.com and in the body of such request you must state: your previous e-mail address, your new e-mail address . In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper or electronic copies from Pitkin County To request delivery from us of paper or electronic copies of the notices and disclosures previously provided by us to you electronically, you should request those documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin County custodian who sent you the document for signature. To withdraw your consent with Pitkin County To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you must state your e-mail, full name, Postal Address, telephone number, and account number.