HomeMy WebLinkAboutBidNet 2023-01-18Agreement for Services v_05BND_A20
15 British American Blvd, Latham, NY 12110
800-835-4603 | www.bidnetdirect.com
AGREEMENT FOR SERVICES
Parties to this Agreement: The parties to this Services Agreement (hereinafter referred to as “the
Agreement”) are City of Ukiah (hereinafter referred as the “Participating Organization”) and International
Data Base Corp., doing business under the trade name BidNet, a legally incorporated body having its
principal place of business at 15 British American Boulevard, Latham, New York, 12110 (hereinafter
referred to as “BidNet”).
RECITALS:
WHEREAS the Participating Organization is in need of web-based solicitation and bidding
services, including maintenance and support services;
WHEREAS under the Agreement, BidNet has developed a web-based solicitation system,
providing on-line bidding services, including maintenance and support services (hereinafter referred to as
“The Network”)
WHEREAS the Participating Organization wishes to join The Network and benefit from the
services provided by BidNet;
THE PARTIES AGREE:
1.Description of Services: System Membership: The Participating Organization has agreed to join The
Network. It is understood that BidNet will provide the Participating Organization with access to The
Network.
2.Term of Agreement: This Agreement shall become effective on the date of the execution for an
initial term of twelve (12) months (the “Initial term”). The Initial Term of this Agreement may be
extended in one-year increments, without notice unless terminated by either party.
3.Payment for Services:
3.1 Participating Organization Fees:
3.1.1. Subscription Fees: There will be no subscription fees incurred by the Participating
Organization under this Agreement for a “Value” Account to utilize The Network which
includes accepting bids electronically and unlimited users.
3.1.2. Should the Participating Organization wish to upgrade to a “Premium” Account, a
nominal annual subscription fee will apply. A “Premium” Account will provide added
benefits such as access to the Shared Bid Library, Automated Workflow, Bid Evaluation
Tool and the B.I. Portal for enhanced reporting capabilities.
COU 2223-158
Agreement for Services v_05BND_A20
3.1.3. Mailing Fees: If a mailing to suppliers is requested by the Participating Organization,
BidNet will send an invoice to the Participating Organization for reimbursement of
postage fees incurred. E-mail messages will be sent at no charge.
3.1.4. Programming Fees: The Participating Organization agrees to use The Network on an “as
is” basis. Any customized work requested by the Participating Organization shall be
effectuated through a written addendum executed by both parties.
3.1.5. Surplus Auction Fees: Should the Participating Organization choose to use the Surplus
Auctions program to sell unwanted goods and equipment, a 5% commission will be paid
to BidNet for items sold.
3.1.6. Future Enhancements: BidNet reserves the right to offer future services to the
Participating Organization which may or may not include service fees.
3.2 Supplier Registration Fees:
3.2.1. Basic Service: This option gives registered suppliers access to search for documents of
interest for all Participating Organizations actively using The Network at no charge, but
requires them to remember to login frequently to ensure they are able to view
opportunities before they close. This includes bids, addenda and awards. All suppliers
registered on The Network with the Purchasing Group will be notified of bid
opportunities, addenda and awards that match their company profile by the Participating
Organization.
3.2.2. Future Enhancements: BidNet reserves the right to offer future services to all registered
suppliers which may or may not include separate service fees.
4.Participation Requirements:
4.1. Press Release: BidNet will draft and distribute a Press Release via national and regional
channels, to be approved by the Participating Organization. There is no fee for this service.
4.2. Link: Participating Organization agrees to add a link from their website to their branded
webpage on The Network.
5.Termination: This Agreement may be terminated by either party upon sixty (60) days notice.
Notice shall be in writing, sent by certified mail, return receipt requested.
6.Entire Agreement: This Agreement constitutes the entire understanding of the parties and the
parties agree that there are no other understandings, representations or warranties, either expressed
or implied, whether written or oral, made by either party, except as stated within this Agreement.
7.Amendments: No alteration of this Agreement shall be valid unless made in writing and signed by
the parties and no oral understanding or agreements not incorporated herein shall be binding on the
parties.
8.Governing Law: This Agreement shall be governed by the laws of the State of California.
9.Severability: If any provision of this Agreement will be held to be invalid or unenforceable for any
reason, the remaining provisions will continue to be valid and enforceable.
Agreement for Services v_05BND_A20
10.Work Product Ownership: Any copyrightable works, ideas, discoveries, inventions, patents,
products, or other proprietary information developed in whole or in part by BidNet in connection of
this Agreement, will be the exclusive property of BidNet.
11.Unauthorized Use: The Participating Organization agrees to require each user obtain a username
and password to gain access to The Network. Sharing of usernames and passwords is strictly
prohibited. The Participating Organization also agrees to obtain written consent from BidNet prior
to showing demonstrations of The Network to any third party.
12.Warranty: BidNet shall provide its services and meet its obligations under this Agreement in a
timely manner, using knowledge for performing the services which meet a standard of care equal to
service providers similar to BidNet on similar projects.
13.Signatures: The individuals executing this Agreement represent and warrant that they have the
legal capacity and authority to do so on behalf of their respective legal entities.
The parties hereto, by their duly authorized representatives, have executed this Agreement effective the day
and year written under the Participating Organization below.
City of Ukiah
411 West Clay Street
Ukiah, CA 95482
Name: ______________________________
Title: ______________________________
Date: ______________________________
Signature: __________________________
BidNet®, a division of
International Data Base Corp.
Name: Dan Ansell___________________
Title: Vice President_________________
Date: _____________________________
Signature: _________________________
Sage Sangiacomo
City Manager
Jan 18, 2023