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Board approves exception for Vertiv UPS maintenance amid liability concerns; legal flagged liability cap
Summary
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.
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.
Participants discussed carving out negligence, willful misconduct and bodily injury from the liability cap; staff said the vendor had been a longstanding contractor and the county is somewhat limited for firmware updates. The board voted to proceed with the vendor and have ISSD and legal continue negotiating the contract language while ensuring operations continuity for the county data center.
