No preview available
HomeMy WebLinkAboutC14-333 ProDIGIQ First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND ProDIGIQ THIS FIRST AMENDMENT("First Amendment")is effective as of the L tday of Al,A 2014 by and between ProDIGIQ, a California corporation with a mailing address and pri 9 ipal place of business of 26500 West Agoura Road, Suite 102-796,Calabasas, CA 91302 (hereinafter "Consultant" or"Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter"County"). RECITALS WHEREAS,County and Consultant entered into an agreement dated the 30th day of April,2013, for certain Services(the"Original Agreement"); and WHEREAS,the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed$19,120.00 for Deliverables and $5,832.00 for annual Maintenance and Support Services; and WHEREAS,the County desires to have Consultant perform additional Services for additional compensation as set forth below; and WHEREAS,the term of the Original Agreement expires on the 19th day of August, 2014, (one year from date of acceptance of Deliverables under the Original Agreement) and the parties desire to extend the term for an 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 the following additional Services: a. Contractor shall furnish a Field Condition Reporting("FCR")form enhancement to the current ProDIGIQ OMS to automate the FCR and streamline communication of findings. The defmition of"Deliverables"as set forth in Section 1.1 of the Original Agreement shall be amended to include the FCR form. b. The Contractor agrees to provide the following on or before October 1, 2014: i. Digitalize the County's current FCR form; ii Integrate the FCR form with the County's current ProDIGIQ OMS; iii. Configure the County's website widget to post most current FCR form to the County's website; iv. Perform quality assurance, quality control and testing to ensure FCR performs to satisfaction of County; and v. Provide two virtual training sessions. c. The definition of"Maintenance and Support Services"as set forth in Section 1.1 of the Original Agreement shall be amended to include maintenance and support of the FCR form,including the provision of software support updates,hosting of the FCR form on the Contractor's secure server, archiving and backup of the data in the FCR form,providing maintenance services and providing ongoing quality control and customer support. 2. Compensation for the additional Services shall not exceed$2,990.00 for creation and implementation of the FCR from and$1,560.00 for annual Maintenance and Support Services (ongoing annual costs) or a total maximum compensation under the Original Agreement and this First Amendment of$22,110.00 for implementation and Deliverables and$7,392.00 for annual Maintenance and Support Services. A breakdown of the compensation is set forth below: Services Upfront Cost Ongoing Monthly Cost Creation of FCR form $2,200 $130 Integration w/current ProDIGIQ OMS $0 $0 Website widget to post FCR $790 $0 Virtual Training(2 sessions) $0 n/a Total $2,990 $130 3. The term of the Original Agreement is hereby extended to the 19th day of August,2015. 4. 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. 5. 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. 6. 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. 2 Eagle County Amend Term Scope Comp Final 5/14 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS - �/n H. Ryan, Chairman Attest: Teak J. Simonton, C erk to t • BoaWo ,Rao CONSULTANT By: ..A< .�_ �... Print Name: P-N i TA VENKA"TA RA A4 A Title: PR.-EIOE,.11 3 Eagle County Amend Term Scope Comp Final 5/14