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HomeMy WebLinkAboutC13-250 Clever Devices Fourth Amendment • FOURTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY,COLORADO AND i IOW CLEVER DEVICES T IS FO RTH AMENDMENT ("Amendment") is made and entered into thisr day of ;, L , 2013, between Eagle County, Colorado,by and through its Board of County Commissioners ("County"), and Clever Devices ("Vendor"). WHEREAS, County and Vendor entered into an Agreement dated October 11,2011 for the purchase of hardware, software and installation services for Eagle County buses and a support vehicle("Original Agreement"); and WHEREAS, County and Vendor have entered into a First, Second and Third Amendment to expand the scope of Work under the Original Agreement; and WHEREAS, County and Vendor wish to further amend the terms of the Original Agreement to expand the scope of work and compensation provisions to include the purchase of additional software, service and warranties associated with the same. NOW,THEREFORE, County and Vendor agree that the Original Agreement will be amended as follows: 1. Article 1 —Scope of Work—shall be amended by the addition of the folrwirg language: In addition, Vendor agrees to use its expertise, skill and own employees to furnish all goods and services, including maintenance and warranty repair, enumerated and described in Clever Devices proposals dated May 21, 2013, attached hereto and incorporated herein by this reference as Exhibit A-5 and A-6. The goods and services described in Exhibit A-5 and the maintenance and warranty repair described in Exhibit A-6 will be included as"Work"under the Agreement and incorporated into and covered for maintenance under Exhibit A-3 "Eagle County Regional Transportation Authority Maintenance Plan"attached to the Second Amendment to Contract between Clever Devices for Purchase of Hardware, Software, and Installation Services. Except as expressly set forth herein, in the event of any inconsistency between the terms of Exhibit A-5 and Exhibit A-6 and the Agreement,the terms of the Agreement shall control. 2. Article 4—Compensation—shall be amended by the addition of the following language to be included as Paragraph 4.7: For Work to be performed under Exhibit"A-5," County shall pay Contractor one hundred five thousand seven hundred forty-four dollars and sixty cents ($105,744.60). , 2-rairD For Work to be performed under Exhibit"A-6," County shall pay Contractor twenty-eight thousand five hundred twenty-one dollars and eighty-eight cents ($28,521.88). 3. County and Contractor agree that,except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect durin g the modified term, and hereby are ratified and confirmed in all respects as of the date hereof. 4. This Amendment shall be binding on the parties hereto,their heirs, executors, successors, and assigns. IN WITNESS WHEREOF,the p arties hereto have executed this Fourth Amendment to Agreement the day and year first above written. EAGLE COUNTY, COLORDO (04 4016,N\ By and through its Board of County , ATTEST: `� A : , Commissioners Ili *1 By: XL) /r�A Teak J. Simon on, Sara J. Fisher Clerk to the Board Chairman CLEVER DEVICES B l- Y: Title: G-0.0. STATE OF / to K ) ) ss. COUNTY OF Nftss/4/c ) The foregoing instrument was acknowledged before me by A tb kg-tA1 67-i n AJ as ,this a?02"g day of 1}a.c,..0 s i , 2013. My commission expires: Su Ly ale , d2o 1� e Notary Public DENISE R. SCHMIDT NOTARY PUBLIC-STATE OF NEW YORK No. 01 SC5015566 Qualified In Nassau County My Commission Expires July 26, 2017 tXt-1 ti A -- 5 .iir►"'Clever Devices 300 Crossways Park Drive Woodbury, NY 11797 Phone: (516)433-6100 Fax: (516)433-5088 ,QUQTATION Attu• Kelley Collier Date: July 11,2013 Lance Trujillo Company: ECO CD Quote #: 13052101 Rev C 3289 Cooley Mesa Road PO Box 1070 Address: Gypsum,CO 81637 E-Mall: Kelleycoltier @mleeout1ty,ts tance.trojitio .eagleca urtty.as Phone: Re: AVM Fax: Clever Devices is pleased to submit the following quotation, subject to the terms and conditions listed below. Extended Item Descri 1 Lion Unit Price Price r'. - �,.wa`` +' --�`�' :�" $',.}, "� ' �. '''4 '�` �' ' "".�� sP'' i r .5,411„v 1 30 AVM-Vehicle Management Module $3,524.82 : $105,744.60 •Automatic Vehicle Monitoring Includes: •On-board software •Central Software License •Project Management labor •Application Engineering labor •Systems Engineering labor •Software Configuration labor •Trainin Total $105,744.60 Page 1 of 2 www.cleverdevices.com CLEVER DEVICES'STANDARD TERMS AND CONDITIOJVS OF SALE This transaction will be governed by the terms and conditions from the document referenced below: Exhibit A-3:Eagle County Regional Transportation Authority Maintenance Plan,dated December 10,2012. Prepared Bv: .MkAaet gieuaea Pricing Analyst Date: 7/11/13 Page 2 of 2 www.cleverdevices.com '"'Clever Devices '`14 ` `T A 62 300 Crossways Park Drive Woodbury, NY 11797 Phone: (516)433-6100 Fax: (516)433-5088 QUOTATLQN Kelley Collier Date:, July 11,2013 Lance Truiillo Company: ECO CD Quote #: 13052101 Rev D 3289 Cooley Mesa Road PO Box 1070 Address: Gypsum,CO 81637 E-Mail: K ev.coiite eaglceountv.us i cc.trujillaCveaylecauntv:us Phone: Re: AVM Fax: Clever Devices is pleased to submit the following quotation, subject to the terms and conditions listed below. pin Descri a;tioa Unit Price Extended Price .0001: �'b�4?� s'%+u'"3+� 4 KW3 � •4T �,,j�� Iem�'� gS ^# x?"`4 �` 4 Yt 'sir "g' , :�y &�''' +'om 's' ti S.:.:� LWfiO;Y.ti},� i�;� "�Saa'i'�`°-�- �:,�.,..',�•M.,z.. k5 #,`z^r�i'4''.r3+itC�'" "*t .. do-�.d��k��. ,x ��ertsTjr,.L 'lea � .,.':..d^:a $6,8 17.50 $6,817.50 1111111111 sof,,armilarrarmimiffiyyear-illaiiiiiiiiiiiiiMElmailigillniagil $7,022.03 $7,022.03 Total . , s Y. �- �o-��at� t !. ua`�g 4 y T f.�.� �� 31 rlz!`4,;,r E *'t- fifi1 Page 1 of 2 www.cleverdevices.com CLEYEJIDJWICES' STANDARD TERMS.AND CO This transaction will be governed by the terms and conditions from the document referenced below: Exhibit A-3:Eagle County Regional Transportation Authority Maintenance Plan,dated December 10,2012. Prepared By: Attchad Sulam Pricing Analyst Date: 7/11/13 Page 2o(2 www.cieverdevices.com