HomeMy Public PortalAboutResolution 2013-12-03 Entering into a Contract with Double Diamond Data LLC for Computer Support TOWN OF FRASER
RESOLUTION NO. 2013-12-03
A RESOLUTION ENTERING INTO A CONTRACT WITH DOUBLE DIAMOND DATA, LLC.
FOR COMPUTER SUPPORT
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. That the Town Manager is hereby authorized to execute a contract with Double Diamond
Data, LLC. for computer support with a term to expire December 31, 2014.
DULY MOVED, SECONDED, AND ADOPTED THIS 11th DAY OF DECEMBER, 2013.
Votes in favor: 7 BOARD O TRUSTEES OF THE
Votes opposed: A- TOWN O RAS O RADO
Absent:
Abstained: BY:
v n)'0
Mayor
ATTEST:
(SEAL)
Town Clerk
Double Diamond Data, Inc.,
a Colorado corporation
P.O. Box 128
Granby, CO 80446
(970) 726-6830
E-mail: pat(a)-dbldiamond.com
FLAT RATE SERVICE AGREEMENT
JOB NAME: ( 0E PASE (�- DATE: 113 001
SUBMITTED TO: �,1 ice= .� �{ j (Client)
PHONE: q7(9 - 726 — - 15yq
ADDRESS:
STREET, MAILING, CITY, STATE, ZIP
JOB LOCATION: (Legal)
OWNER (if different):
SERVICES: .� �
INITIAL TERM: 1 26'1`-f THROUGH AND UNTIL:
SERVICE FEE: $_ Z_ S3 PER MONTH
To F
1
1. Any deviations or modifications from the above described Services, involving extra costs
and/or time for Double Diamond Data, Inc., (DDD), will be reduced to written change orders signed by
the parties. Such executed change orders shall be incorporated into this Agreement for terms.
2. Client acknowledges that the Service Fee does not include hardware (parts) and/or
software costs, which shall be ordered by separate agreement.
3. Client acknowledges and agrees that fees paid are non-refundable, except upon DDD's
breach hereof. Monthly payments of the Service Fee are due in advance, without demand, on or
before the 1St day of each month. Payments for work completed by change orders and/or for
hardware and software items purchased/licensed for Client are due as invoiced. Such Invoices shall
be incorporated into this Agreement for terms. Upon default of any payment due, default interest shall
accrue at 2.0% per month until cured. Additionally, DDD reserves all other legal remedies, including
but not limited to the right to cease all work until such cure is made.
4. DDD's completion of the Services is conditioned upon limitations of access, product
availability, acts of God or other reasons not under the control of DDD. DDD is not responsible for
completion of the Services if Client changes Client's existing hardware and/or software without prior
notification to and approval from DDD. Additionally, DDD shall not be responsible for Client's
compliance with software licensing not expressly addressed in the Services. No warranties express
or implied are provided hereby. Client hereby waives claims against DDD for consequential damages
arising out of or relating to this Agreement. This waiver includes, but is not limited to, damages
incurred by Client for loss of use.
5. The parties acknowledge and agree that DDD, its employees, agents and/or sub-
contractors are not entitled to any worker's compensation or unemployment benefits from Client
hereunder. This Agreement shall not create a joint venture, partnership, employer/employee
relationship or any relationship except for that of Client and independent contractor.
6. Illegal Aliens. By its signature on this Contract, Contractor certifies that, as of the
time of its signature, it does not knowingly employ or contract with any illegal alien who will perform
work under this Contract and that, in order to confirm the employment eligibility of all employees who
are newly hired for employment to perform work under this Contract, Contractor will participate in the
e-verify program or department program, as defined in C.R.S. 8-17.5-101. Contractor agrees that it
shall not knowingly employ or contract with any illegal alien to perform work under this Contract; and
that it shall not enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with any illegal alien to perform work under this
contract. Contractor has confirmed the employment eligibility of all employees who are newly hired
for employment to perform work under this Contract through participation in either the e-verify
program or department program, as defined in C.R.S. 8-17.5-101. Contractor shall not use the e-
verify program or department program procedures to undertake preemployment screening of job
applicants while work under this Contract is being performed. If Contractor obtains actual knowledge
that a subcontractor performing work under this Contract knowingly employs or contracts with an
illegal alien, Contractor shall: (1) notify the subcontractor and Owner within three days that Contractor
has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2)
terminate the subcontract with the subcontractor if, within three days of receiving the notice required
herein, the subcontractor does not stop employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien. Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that the Department is
undertaking pursuant to the authority established in C.R.S. 8-17.5-101(5). If Contractor violates a
2
provision of this paragraph, Owner may terminate this Contract for breach of contract. If the Contract
is so terminated, Contractor shall be liable for actual and consequential damages to Owner.
Contractor understands that, in the event of such a termination, Owner is required to notify the office
of the Colorado Secretary of State.
7. This Agreement may be terminated by either party upon thirty (30) days written notice. In
the event of termination by Client, Client shall pay DDD for all Services performed and reimbursable
expenses due up to the date of termination, including but not limited to all costs incurred by executed
purchase agreements.
8. This Agreement sets forth the entire transaction between the parties, any and all prior
agreements, warranties or representations made by either party are superseded by this Agreement.
All changes in this Agreement shall be made by a separate document executed by the parties. In the
event of any litigation, arbitration or other dispute resolution method, the substantially prevailing party
shall be entitled from the breaching/defaulting party to an immediate award of all costs incurred,
including prejudgment and post judgment attorney's fees.
9. This Agreement shall not be assigned by either party without the prior written consent of
the other party.
10. Fraser and Contractor understand and agree that Fraser is relying on, and does not waive
or intend to waive by any provision of this Contract, the monetary limitations or any other rights,
immunities and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101,
et seq., Colorado Revised Statutes, as the same may from time to time be amended, or otherwise
available to Fraser, its officers or employees
11. Time is of the essence hereunder. A copy of this Agreement may be executed by each
party, separately and/or by e-mail or facsimile, and when each party has executed a copy thereof,
such copies taken together shall be deemed to be a full and complete contract between the parties.
This Agreement shall be governed by the laws of Colorado. The Grand County District Court shall
have jurisdiction over this Agreement and any legal proceedings brought to enforce any of the terms
hereof shall be brought in such court.
Please sign and date, confirming your acceptance of this proposal. Thank you.
SUBMITTED BY: Double Diamond Data, Inc.,
a Colorado corporation
By
Pat Jacques, President
3
THIS PROPOSAL MAY BE WITHDRAWN, AT DDD's SOLE DISCRETION, AT ANYTIME UNLESS
FIRST ACCEPTED. THIS PROPOSAL WILL TERMINATE ON
UNLESS PREVIOUSLY WITHDRAWN OR ACCEPTED.
4
ACCEPTANCE OF PROPOSAL: THE ABOVE RATES, SPECIFICATIONS, TERMS AND
CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. DDD IS AUTHORIZED TO
DO THE WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. I AM
AUTHORIZED TO ENTER INTO THIS AGREEMENT.
Signature: :�` °'" Signature:
f
(print name) (print name)
Date of acceptance:
5
Services to include:
• Onsite and remote computer support, troubleshooting , service, and repair
• Computer Local Area Network design, installation, and support to include
routers, firewalls, switches, computers, monitors, power conditioning
equipment,
• Computer Network Security, antivirus, anti-spyware
• Troubleshoot and maintain Wired and Wireless LANs
• Computer Sales, installation, and operating system training
• Systems Integration, work with applications vendor to achieve business
solutions
• Work with client to develop technology plan and budget
• Manage inventory of software, hardware, and warranty management
• Regular maintenance to application of software patches, updates, system
optimization
• Installation and configuration of Server systems, workstations, printers,
scanners, backup devices
• Troubleshoot and manage pre-existing premise wiring and cable plant
Services Excluded:
• Installation of complete cable plant
• Printer repair
• Phone system maintenance
• Training for unique client business applications should be provided by
software vendor.