No preview available
HomeMy WebLinkAboutC09-115 Ektron First AmendmentFIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY. COLORADO AND EKTRON. INC. THIS FIRST AMENDMENT ("Amendment's is made and entered into this 7'h day of April 2009, between Eagle County, by and through its Board of County Commissioners (hereinafter referred to as "County") and Ektron, Inc. (hereinafter referred to as "Consultant"). WHEREAS, County and Consultant entered into a Master Consulting Agreement dated February 4, 2009 ("Master Agreement"); and WHEREAS, Consultant will continue to work for County and County shall continue to compensate Consultant for services that are properly invoiced for and are completed to the satisfaction of County; and WHEREAS, the County is now desirous of additional services and Consultant is willing to perform the same under the terms and conditions of the Master Agreement and this Amendment; and In consideration of the terms and conditions of the Master Agreement and this Amendment, the sufficiency of which is hereby acknowledged, County and Consultant agree that this Amendment shalt add to those sections of the Master Agreement as follows: Exhibit A Exhibit "A", otherwise referred to as Consulting Services in the Master Agreement, shall be amended to include the document titled "Ektron License Purchase Agreement #0064000000AegF8" as attached to this Amendment hereto. County and Consultant agree that, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Master Agreement shall remain in full force and effect during the modified term, and hereby are ratified and confirmed in all respects as of the date hereof. If any conflict exists between the provisions of this Amendment and the Master Agreement, the provisions of this Amendment shall control. This Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. // REMAINDER OFPAGEINTENTIONALLYLEFTBLANK// IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and Through its COUNTY MANAGER By: Keith Montag, Acti County Manager EKTRON, Inc. <L~Z% !' ~ By: Name: Scot Limric Title: Corporate Controller ektron Ektron License Purchase Agreement #0064000000Aeq F8 what do you want your website to do? 02/24/2009 Megan Morrissey Eagle County Government megan. morri ssey@eaglecounty.us (970) 328-3587 Hello Megan, Thank you for your interest in Ektron's products. Below, please find the pricing and purchase order information you requested. This proposal is valid for purchases on or before 3/27/2009. Product Name Quantit Users Cost Ektron Services -Time and Materials (per 120 N/A $22 500.00 hour) , Grand Total: $22,500.00 PAYMENT TERMS Services (a) Services will be billed out on a monthly basis based upon work done within the previous month. Time sheets will be submitted into the Ektron Project Management application for view by the Customer and the Customer will be responsible for paying all invoices submitted based on service work performed in the previous month. Customer will pay invoices or work performed under this Agreement within thirty (30) days of receipt. SERVICE CLAUSE In-Scope - Ektron's PSG team will be working with the Customer on a "Time and Materials" basis over a period of 120 man hours. T & M means dedicated time with Ektron development resources working with or without a client's development team towards project completion. Ektron will bill Eagle County at a rate of $187.50 /hr based upon actual hours of work performed, not to exceed 120 hours. Items that will be worked on in project development during the allocated time for include, but are not limited to work with/on: • Functional requirements discovery & implementation design • CMS Workarea organization and configuration • General Template design and implementation • Special purpose template design and implementation • Q/A Project Turnover and Knowledge Transfer 542 Amherst Street Nashua, NH 03063 USA P: +l 603 594 0249 F: +l 603 816 1989 http://www.ektron.com Ektron License Purchase Agreement ro n #0064000000AegF8 what do you want your website to do? Out-of--Scope -Ektron will not be "Project Managing" this project. Deliverables will be driven by the Customer and Ektron's development team on this project will work at their (the Customers) direction while applying best practices around Ektron development in conjunction with the end•goals set forth by the Customers project team. Because this is a Time and Materials engagement there are no expectations of specific "timed" deliverables, although the time allotted has been done so based on the understanding of the eventual deliverables that the Customer is looking to achieve and that have been discussed identified. 542 Amherst Street Nashua, NH 03063 USA P: + 1 603 594 0249 F: + 1 603 816 1989 http://www.ektron.com