Board approves exception for Vertiv UPS maintenance amid liability concerns; legal flagged liability cap
Commissioners approved moving forward with a Vertiv maintenance agreement for the county's primary UPS after discussion about purchasing-policy exceptions and a limitation-of-liability clause capped at roughly 1.5–2x fees; staff sought carve-outs for negligence and willful misconduct and will continue negotiating language with legal.
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County IT/operations staff (Mr. Merz) asked the commissioners to approve a maintenance agreement with Vertiv for the county's primary UPS and to allow a procurement exception because firmware updates and certain services are limited to the vendor. Legal and purchasing staff raised concerns about several contract terms, especially a limitation-of-liability clause the board described as capped at "1.5 to 2 times" the fees paid under the contract.
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