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HomeMy WebLinkAboutC14-287 Cross Match Technologies, Inc. 4 FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND CROSS MATCH TECHNOLOGIES, INC. THIS FIRST AMENDMENT("First Amendment") is effective as of the (be-1 day of 411 / , 2014 by and between Cross Match Technologies, Inc. a Delaware corporation ( •rein.fter"Consultant" or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County and Contractor entered into an agreement dated the 10th day of May, 2013, for certain Hardware, Software, Equipment and Services (the "Original Agreement"); and WHEREAS, the Original Agreement contemplated that the Contractor would perform certain Maintenance and Support Services during the term of the Original Agreement and any Renewal Term; and WHEREAS, the County desires to have Contractor provide the Maintenance and Support Services for the Equipment, Hardware and Software for an additional year and for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement as to Services under the Original Agreement expires on July 31, 2014, and the parties desire to extend the term for one additional year. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to include additional Maintenance and Support Services for Hardware, Software and Equipment as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 2. Notwithstanding anything to the contrary in the Original Agreement, the compensation for the additional Services set forth in Exhibit 1 shall not exceed one thousand one hundred sixty eight dollars ($1,168). 3. The term of the Original Agreement is hereby extended to the 31St day of July, 2015. 4. Any new Software, Hardware or Equipment to be provided to County under this First Amendment and Exhibit 1, shall be provided in accordance with the terms of the Original Agreement. 5. The additional Maintenance and Support Services described in Exhibit 1 shall be provided as set forth in the Original Agreement and Contractor represents and warrants that the additional Maintenance and Support Services shall be provided in a professional and workmanlike manner. Maintenance and Support Services for Software will be provided as set forth in the Original Agreement and in accordance with the following: a. Contractor will acknowledge any reported defect or issue within two (2) hours and use best efforts to address and remedy such defect or issue. At no additional cost to County, Contractor will deliver to County, as made commercially available by Contractor, bug fixes, maintenance updates and Major Releases for the Software ("Updates") which will thereafter by considered "Software". As used herein, a"Major Release" is any version of the Software that provides substantial new features, additional functionality, or make uses of different architecture. At its expense, Contractor will furnish County with revised Documentation (including release notes identifying each Update). b. Contractor shall maintain the organization and processes necessary to provide second line support for the Software to County. Such second line support shall be provided to County only if, after reasonable commercial effort, County is unable to diagnose and or resolve problems or performance deficiencies in the Software. Second line support will be provided to designated and trained representatives of County. Contractor shall have no obligation to provide second line support directly to any of County's customers and/or end users. In order to assist Contractor in providing such second line support, County will provide Contractor with the ability to access County's computer platforms which utilize the Software (including but not limited to access to configuration information and error logs) and provide assistance to Contractor in order to facilitate Contractor's use of remote administration tools relating to the Software. Second line support will be provided primarily through web-based support services and through telephone support in English, utilizing VOIP or direct dial voice connection at (866)276- 7761. 6. The additional Maintenance and Support Services described in Exhibit 1 do not include nondurable consumable items including, but not limited to, batteries, paper, silicone membranes, cleaning solution, towels, printer cartridges and cables. The Maintenance and Support Services covers third party peripheral equipment (such as laptops and printers) that was provided by Contractor. 7. Capitalized terms in this First Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 2 Eagle County Amend Tenn Scope Comp Final 5/14 8. Except as expressly altered,modified and changed in this First Amendment,all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 9. This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and through its COUNTY MANAGER By: 'J�l/ -,..s Keith P. Montag, County ager CONSULTANT: CROSS MATCH TECHOLOGIES,INC. �/.� Y..44.41‘-7 Print Name: M-T,/,/eYIt./,'.1/' p Title: ;'l- '=' 3 Eagle County Amend Term Scope Comp Final 51t4 • EXHIBIT 1 MAINTENANCE CONTRACT QUOTATION Party Number:24046 Date: Jul 1, 2014 Customer Name:Eagle County Airport Contract Number: 022210 Quote To: Billing Address: Kathy Lawn Customer:Eagle County Airport Eagle County Airport Address 1:219 Eldon Wilson Road, 219 Eldon Wilson Road, City,State,ZIP:GYPSUM,CO-81637 GYPSUM,CO-81637 970-328-2682 kathy.lawn @eaglecounty.us Proposed Contract Information_ Item No. Start Line Number Description Date End Date Tax Amount 1 930157-12 CMT ADVANTAGE MAINT, Aug 1, Jul 31, 0.00 468.00 SUBSEQUENT YR, 12 MONTHS 2014 2015 HW,CMT DEVICE ONLY,CONUS. In Accordance with Attached Maintenance Plan Type of Equipment Line Number Description 1 BUNDLED ASSEMBLY,LSCAN GUARDIAN USB W/LSM Proposed Contract Information Item No. Start Line Number Description Date End Date Tax Amount 2 950076-12 CMT ADVANTAGE MAINT, Aug 1, Jul 31, 0.00 400.00 SUBSEQUENT YR, 12 MONTHS, 2014 2015 STANDARD CMT SW. In Accordance with Attached Maintenance Plan Type of Equipment Line Number Description 1 BUNDLED ASSEMBLY,LSCAN GUARDIAN USB W/LSM Proposed Contract Information Item No. Start Line Number Description Date End Date Tax Amount 3 930158-12 CMT ADVANTAGE MAINT, Aug 1, Jul 31, 0.00 300.00 SUBSEQUENT YR, 12 MONTHS, 2014 2015 HW,PERIPHERALS,CONUS.In Accordance with Attached Maintenance Plan Type of Equipment Line Number Description 1 BUNDLED ASSEMBLY,LSCAN GUARDIAN USB W/LSM Contract Amount $1,168.00 If tax exempt,please supply copy of current tax exempt certificate. Cross Match will automatically charge tax on your invoice unless you supply copy of current tax exempt certificate with your order. To renew your maintenance contract,fax signed copy of Quote or Purchase Order which references the Quote Number in the Body of the Purchase Order by date of expiration to Fax Number(561) 828-7717. If not renewing, check this box and return by fax. 3950 RCA Blvd.Suite 5001 Palm Beach Gardens: FL 33410 PHONE 561.622.1650 FAX 561.828.7717 www.crossmatch.com MP REV/08-13-2012 • 303731 • ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/1/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Paula Larson Commercial Lines-952-242-3100 PHONE 952-242-3139 � (A/C.No,Est): ( ,No):866-715-2163 Wells Fargo Insurance Services USA, Inc. E-MAIL 400 Highway 169 South ADDRESS: paula.r.larson @wellsfargo.com INSURER(S)AFFORDING COVERAGE NAIL# St.Louis Park,MN 55426 INSURER A: Zurich American Insurance Co 16535 INSURED INSURER B: Cross Match Technologies,Inc. INSURER C: 3950 RCA Boulevard Suite 5001 INSURER D INSURER E: Palm Beach Gardens,FL 33410 INSURER F: COVERAGES CERTIFICATE NUMBER: 7935369 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/IDYIYYVY) (MM/DD//YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CPO 9327285-00 EACH OCCURRENCE X 10/1/2013 10/1/2014 AMAGETORENTED $ 1,000,000 CLAIMS-MADE OCCUR PREMISES(Eaoccurrence) $ 1,000,000 X Includes Contractual MED EXP(Any one person) _ $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO X LOC JECT PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY CPO 9327285-00 10/1/2013 10/1/2014 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS x NON-OWNED PROPERTY DAMAGE AUTOS $ (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A $ (Mandatory in NH) - E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Eagle County Airport,219 Eldon Wilson Road,Gypsum,CO 81637 Eagle County Airport is named as an Addtional Insured regarding the General Liability Policy as per required by written contract. CERTIFICATE HOLDER CANCELLATION Eagle County Airport SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO Box 850 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Eagle,CO 81631 AUTHORIZED REPRESENTATIVE i gm-44 The ACORD name and logo are registered marks of ACORD ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) • .'4 R CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/1/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arthur J. Gallagher&Co. PHONE FAX Insurance Brokers of California Inc. (arc.No.Ext):415 546 9300 (A/c,No):415-536-8499 MAIL 1255 Battery Street#450 n DRESS: San Francisco CA 94111 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:California Insurance Company 38865 INSURED FRANPAR-08 INSURER B:Continental Indemnity Company 28258 Cross Match Technologies, Inc. INSURER C: 3950 RCA Boulevard, Suite 5001 Palm Beach Gardens, FL 33410 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:150056448 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE _ $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) _ $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 7 POLICY PRO- _ $ JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ - ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ A WORKERS COMPENSATION $ B AND EMPLOYERS'LIABILITY 738594200640 9/27/2013 3/27/2014 X WC STATU- OTH- Y/N 738594200641 9/27/2013 3/27/2014 TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County Airport ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 850 Eagle CO 81631 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD