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HomeMy WebLinkAboutC14-419 AppliedTrust, Inc. Agreement AGREEMENT FOR SERVICES
BETWEEN EAGLE COUNTY,
COLORADO AND
APPLIEDTRUST,INC.
THIS AGREEMENT("Agreement")is effective as of the 24th day of October,2014 by and between
Applied Trust Engineering, Inc. dba AppliedTrust,Inc.,a Colorado corporation(hereinafter"Contractor"
or"Consultant")and Eagle County,Colorado, a body corporate and politic(hereinafter"County").
RECITAL
WHEREAS,the County desires to engage a consultant to analyze the infrastructure of its IT systems
located in the County building at 500 Broadway,Eagle Colorado(the"Property")and to provide
guidance as to how to maintain and verify the security of the systems on an ongoing basis; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time,skill,
expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and
WHEREAS,this Agreement shall govern the relationship between Contractor and County in connection
with the
Services.
AGREEMENT
NOW,THEREFORE, in consideration of the foregoing and the following promises Contractor and
County agree as follows:
1. Services or Work. Contractor agrees to diligently provide all services,labor,personnel and
materials necessary to perform and complete the services or work described in Exhibit A("Services"
or"Work")which is attached hereto and incorporated herein by reference. The Services shall be
performed either on the Property or remotely and in accordance with the provisions and conditions of
this Agreement.
a. Contractor agrees to furnish the Services no later than 16 weeks from project
commencement and in accordance with the schedule established in Exhibit A. If no completion date is
specified in Exhibit A,then Contractor agrees to furnish the Services in a timely and expeditious manner
consistent with the applicable standard of care. By signing below Contractor represents that it has the
expertise and personnel necessary to properly and timely perform the Services.
b. In the event of any conflict or inconsistency between the terms and conditions set forth
in Exhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth
in this Agreement shall prevail.
2. County's Representative. The Innovation&Technology Department's designee shall be
Contractor's contact with respect to this Agreement and performance of the Services.
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Eagle County Professional Services IT Final 5/14
3. Term of the Agreement. This Agreement shall commence upon the date first written above, and
subject to provisions of paragraph 11 hereof, shall continue in full force and effect through the 31St day
of Deceitiber,2015.
4. Extension or Modification. This Agreement may be extended for up to three additional one year
terms r.pon written agreement of the parties.Any amendments or modifications shall be in writing signed
by both parties.No additional services or work performed by Contractor shall be the basis for additional
compensation unless and until Contractor has obtained written authorization and acknowledgement by
County for such additional services in accordance with County's internal policies. Accordingly,no
course of conduct or dealings between the parties,nor verbal change orders,express or implied
acceptance of alterations or additions to the Services,and no claim that County has been unjustly
enriched by any additional services,whether or not there is in fact any such unjust enrichment, shall be
the basis of any increase in the compensation payable hereunder. In the event that written authorization
and acknowledgment by County for such additional services is not timely executed and issued in strict
accordance with this Agreement,Contractor's rights with respect to such additional services shall be
deemed waived and such failure shall result in non-payment for such additional services or work
performed.
5. Compensation. County shall compensate Contractor for the performance of the Services in a
sum computed as set forth in Exhibit A. The performance of the Services under this Agreement shall
not exceed$14,760. Contractor shall not be entitled to bill at overtime and/or double time rates for
work done outside of normal business hours unless specifically authorized in writing by County.
a. Payment will be made for Services satisfactorily performed within thirty(30)days of
receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the
hours spent,tasks performed,who performed each task and such other detail as County may request.
b. If,at any time during the term or after termination or expiration of this Agreement,
County reasonably determines that any payment made by County to Contractor was improper because
the Services for which payment was made were not performed as set forth in this Agreement,then
upon written notice of such determination and request for reimbursement from County,Contractor
shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement,
unexpended funds advanced by County, if any, shall forthwith be returned to County.
c. County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
d. Notwithstanding anything to the contrary contained in this Agreement,County shall have
no obligations under this Agreement after,nor shall any payments be made to Contractor in respect of
any period after December 31 of any year,without an appropriation therefor by County in accordance
with a budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of
the Colorado Revised Statutes,the Local Government Budget Law(C.R.S. 29-1-101 et. seq.)and the
TABOR Amendment(Colorado Constitution,Article X, Sec.20).
6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance
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Eagle County Professional Services IT Final 5/14
upon the particular reputation and expertise of Contractor. Contractor shall not enter into any
subcontractor agreements for the performance of any of the Services or additional services without
County's prior written consent,which may be withheld in County's sole discretion. County shall have
the right in its reasonable discretion to approve all personnel assigned to the subject Project during the
performance of this Agreement and no personnel to whom County has an objection, in its reasonable
discretion, shall be assigned to the Project. Contractor shall require each subcontractor,as approved by
County and to the extent of the Services to be performed by the subcontractor,to be bound to Contractor
by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities
which Contractor,by this Agreement,assumes toward County. County shall have the right(but not the
obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and
Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions
of its agents,employees and subcontractors.
7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the
following insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
i. Workers' Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than$1,000,000 each accident
combined bodily injury and property damage liability insurance,including coverage for owned,hired,
and non-owned vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personal/advertising injury,products/completed operations,broad form property damage with limits of
liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits.
iv. Professional Liability (Errors and Omissions) including Cyber Liability with
prior acts coverage for all deliverables, Services and additional services required hereunder, in a form and
with insurer or insurers satisfactory to County, with limits of liability of not less than $2,000,000 per claim
and $2,000,000 in the aggregate. The insurance shall provide coverage for (i) liability arising from theft,
dissemination and/or use of confidential information stored or transmitted in electronic form; (ii) Network
Security Liability arising from unauthorized access to, use of or tampering with computer systems including
hacker attacks, inability of an authorized third party to gain access to your Software or Services including
denial of access or Services unless caused by a mechanical or electrical failure; (iii)liability arising from
the introduction of a computer virus into, or otherwise causing damage to, County or a third person's
computer, computer system, network or similar computer related property and the data, software and
programs thereon.
v. Crime Coverage shall include employee dishonesty, forgery or alteration and
computer fraud. If Consultant is physically located on County premises, third party fidelity coverage
extension shall apply. The policy shall include coverage for all directors, officers and employees of the
Consultant. The bond or policy shall include coverage for extended theft and mysterious disappearance. The
bond or policy shall not contain a condition requiring an arrest or conversion. Limits shall be a minimum of
$1,000,000 per loss.
b. Other Requirements.
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Eagle County Professional Services IT Final 5/14
i. The automobile and commercial general liability coverage shall be endorsed to
include Eagle County,its associated or affiliated entities,its successors and assigns,elected officials,
employees, agents and volunteers as additional insureds.A certificate of insurance consistent with the
foregoing requirements is attached hereto as Exhibit B.
ii. Contractor's certificates of insurance shall include subcontractors,if any as
additiolal insureds under its policies or Contractor shall furnish to County separate certificates and
endorsements for each subcontractor.
iii. The insurance provisions of this Agreement shall survive
expiration or termination hereof.
iv. The parties hereto understand and agree that the County is relying on,and does
not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,
immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time
amended,or otherwise available to County,its affiliated entities, successors or assigns,its elected
officials,employees,agents and volunteers.
v. Contractor is not entitled to workers' compensation benefits except as
provided by the Contractor,nor to unemployment insurance benefits unless unemployment
compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to
pay allfederal and state income tax on any moneys paid pursuant to this Agreement.
8. Indemnification. The Contractor shall indemnify and hold harmless County,and any of its
officers, agents and employees against any losses,claims,damages or liabilities for which County may
become subject to insofar as any such losses,claims,damages or liabilities arise out of,directly or
indirectly,this Agreement, or are based upon any performance or nonperformance by Contractor or any
of its subcontractors hereunder;and Contractor shall reimburse County for reasonable attorney fees and
costs,legal and other expenses incurred by County in connection with investigating or defending any
such loss,claim, damage,liability or action. This indemnification shall not apply to claims by third
parties against the County to the extent that County is liable to such third party for such claims without
regard to the involvement of the Contractor. This paragraph shall survive expiration or termination
hereof.
9. Ownership of Documents. All documents(including electronic files)and materials
obtained during,purchased or prepared in the performance of the Services shall remain the property
of the County and are to be delivered to County before final payment is made to Contractor or upon
earlier termination of this Agreement.
10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)
personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid,or(iii)
when elivered by FedEx or other comparable courier service,charges prepaid,to the parties at their
respective addresses listed below,or(iv)when sent via facsimile so long as the sending party can provide
facsimile machine or other confirmation showing the date,time and receiving facsimile number for the
transmission,or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its
address for purposes of this paragraph by giving five(5)days prior written notice of such change to the
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Eagle County Professional Services IT Final 5/14
other party.
COUNTY:
Eagle County,Colorado
Attention: Scott Lingle
500 Broadway
Post Office Box 850
Eagle,CO 81631
Telephone: 970-328-3581
E-Mail: Scott.Lingle @eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle,Co 81631
Telephone: 970-328-8685
•Facsimile: 970-328-8699
E-Mail: atty @eaglecounty.us
CONSULTANT:
AppliedTrust,Inc.
1033 Walnut St.
Boulder,CO, 80302
303.245.4545
303.245.4510
contract-mgmt@appliedtrust.com
11. Termination. County may terminate this Agreement,in whole or in part,at any time and for any
reason,with or without cause, and without penalty therefor with seven(7)calendar days'prior written
notice to the Contractor. Upon termination of this Agreement,Contractor shall immediately provide
County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and
shall return all County owned materials and documents. County shall pay Contractor for Services
satisfactorily performed to the date of termination.
12. Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to
this Agreement,or breach thereof, shall be litigated in the District Court for Eagle County,Colorado,
which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and
interpreted under and shall be governed by the laws of the State of Colorado.
13. Execution by Counterparts;Electronic Signatures. This Agreement may be executed in two or
more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the
same instrument. The parties approve the use of electronic signatures for execution of this Agreement.
Only the following two forms of electronic signatures shall be permitted to bind the parties to this
Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the
image of the signature of an authorized signer inserted onto PDF format documents. All documents must
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Eagle County Professional Services IT Final 5/14
be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform
Electronic Transactions Act,C.R.S. 24-71.3-101 to 121.
14. Other Contract Requirements and Contractor Representations.
a. Contractor has familiarized itself with the nature and extent of the Services to be
provided hereunder and the Property, and with all local conditions, federal, state and local laws,
ordinances, rules and regulations that in any manner affect cost, progress, or performance of the
Services.
b. Contractor will make,or cause to be made,examinations,investigations,and tests as
he deelris necessary for the performance of the Services.
c. To the extent possible,Contractor has correlated the results of such observations,
examinations, investigations,tests,reports,and data with the terms and conditions of this Agreement.
d. To the extent possible,Contractor has given County written notice of all conflicts,
errors,or discrepancies.
e. Contractor shall be responsible for the completeness and accuracy of the Services and
shall correct, at its sole expense,all significant errors and omissions in performance of the Services. The
fact that the County has accepted or approved the Services shall not relieve Contractor of any of its
responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner
and in$ccordance with the standard of care,skill and diligence applicable to contractors performing
similar services. Contractor represents and warrants that it has the expertise and personnel necessary to
property perform the Services and shall comply with the highest standards of customer service to the
public. Contractor shall provide appropriate supervision to its employees to ensure the Services are
performed in accordance with this Agreement. This paragraph shall survive termination of this
Agreement.
f. Contractor agrees to work in an expeditious manner,within the sound exercise of its
judgment and professional standards,in the performance of this Agreement. Time is of the essence with
respect to this
Agreement.
g. This Agreement constitutes an agreement for performance of the Services by Contractor
as an independent contractor and not as an employee of County. Nothing contained in this Agreement
shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture
or any ether relationship between County and Contractor except that of independent contractor.
Contractor shall have no authority to bind County.
h. Contractor represents and warrants that at all times in the performance of the Services,
Contractor shall comply with any and all applicable laws, codes,rules and regulations.
i. This Agreement contains the entire agreement between the parties with respect to the
subject matter hereof and supersedes all other agreements or understanding between the parties with
respect thereto.
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Eagle County Professional Services IT Final 5/14
j. Contractor shall not assign any portion of this Agreement without the prior written consent
of the County. Any attempt to assign this Agreement without such consent shall be void.
k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto
and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all
rights and obligations hereunder are reserved solely for the parties,and not to any third party.
1. No failure or delay by either party in the exercise of any right hereunder shall constitute
a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding
breach.
m. The invalidity,illegality or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision hereof.
n. The signatories to this Agreement aver to their knowledge no employee of the County has
any personal or beneficial interest whatsoever in the Services or Property described in this Agreement.
The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree
with the performance of the Services and Contractor shall not employ any person having such known
interests.
o. The Contractor,if a natural person eighteen(18)years of age or older,hereby swears and
affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United
States pursuant to federal law, (ii)to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to
the effective date of this Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Eagle County Professional Services IT Final 5/14
IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above.
COUNTY OF EAGLE,STATE OF COLORADO,by and
through its County Manager
By: a et-ley
Print Name: _L \ Dl•e�
1.ertu` 7'
Title: 5 L zA/i_ .r'
Send Invoices To:
Email:
APPLIEDTRUST,INC.
Print Name:/
Title: Cv C
8
Eagle County Professional Services IT Final 914
EXHIBIT A
SCOPE OF SERVICES,SCHEDULE,FEES
9
Eagle County Professional Services IT Final 5/14
Appliedrrrust
IT Security Assessment Proposal
for Eagle County
Exhibit A
October 24, 2014
Submitted for Consideration By:
Paul Nelson
paul@appliedtrust.com
303.245.4532
www appliedtrust com 1033 Walnut Street, Boulder, CO, 80302 303 245 4545
-- -- - IT Security Assessment
Proposal for Eagle County
October 24, 201 4
1 . Proposal Summary
This proposal is presented in response to discussions with Eagle County regarding the need to ensure the security of its IT systems
and the sensitive data contained therein. Eagle County seeks a thorough understanding of its current system, network,and
application security risks,a prioritized list of recommended mitigation actions,an independent analysis of its infrastructure
architecture and configuration,and guidance on how to maintain and verify the security of the environment on an ongoing basis.
Benefits of this activity include:
• Developing an in-depth understanding of security issues and risks facing Eagle County,focused on the unique nature of the
organization's operations.
• Identifying weaknesses and vulnerabilities in the Eagle County system and network environment.
• Providing a citable assessment of Eagle County's current security condition.
• Recognizing proactive change and improvement since the previous security assessment.
• Prioritizing future fortification efforts.
AppliedTrust is ideally suited for this project because of our deep expertise with IT infrastructure and security. Our approach,
outlined here,will provide Eagle County with cost-effective, high-impact services.
2. Scope of Work
AppliedTrust will take the following approach to the project:
Phase I: Internal Vulnerability Assessment
• Conduct a kick-off meeting with the IT and, separately,senior County management, intended to articulate the broader
organizational and individual responsibilities associated with IT security.
• Develop a project plan,complete with regular milestones, detailing schedule,tasks,and dependencies.
• Conduct vulnerability analysis of Eagle County's internal local area network(LAN).
• Perform OS-level examination of existing servers, including configuration,patch compliance, paths of trust,and
vulnerability.
• Review the configuration and use of virtualization technologies in a security context.
• Review the current network design in a security context.
• Evaluate storage area network(SAN)security architecture and controls.
• Review data center physical security(physical access, monitoring, etc.).
• Review roles and access rights/permissions used to share information between systems.
• Compare current Eagle County software, protocol,and system deployment against current industry best practices.
• Perform internal HFNetChk, Nmap,and Nessus scans of the Eagle County infrastructure,documenting open IP
addresses and ports along with exposed application vulnerabilities.Together,these scans test for known vulnerabilities
and missing software patches.
• • Conduct an in-depth review of current security infrastructure tools and technologies for both configuration and usage
gaps.
• Examine all external connectivity, including modems and wide area network(WAN) connections such as TI circuits,
including upstream ISPs,connections to remote offices,third-party point-to-point VPNs,and Wi-Fi connections.
• Review remote access policy,architecture,and configuration,including the levels of access granted to remote users
(such as HVAC support VPNs).
• Evaluate database security architecture and controls,with special focus on overly permissive application software access
02014 AppliedTrust CONFIDENTIAL Page
AT_Eagle_County_IT_Security_Assessment_Proposal_2014-10-24
--- "` IT Security Assessment
Proposal for Eagle County
October 24, 2 0 1 4
Phase I: In'ernal Vulnerability Assessment
(loose •• or other DBO-type accounts).
• Perfor comprehensive validation of network and remote access configurations, including firewalls, routers and
switche , remote access servers,and other network devices; identify misconfigurations and security vulnerabilities.
• Intervie key system/network administration staff and users;analyze existing practices and procedures to identify
securit weaknesses and necessary operational security improvements.
• Perforn{a scheduled wireless network scan of the primary Eagle County facility to identify any open or at-risk
802.11(1),g)wireless access points.The documented results of the scan will include approximate wireless network
location,SSID,and encryption status,along with all other wireless systems.
• Examine firewall configuration,administration,and security(including proxy configuration).
• Evaluate the effectiveness of Eagle County's overall network architecture.
• Perfor and document results of up to four attempts to obtain login and password information or unauthorized physical
access rough "social engineering"means from current Eagle County staff.
• Examine the use of current credit card handling and processing systems and provide a summary of Payment Card
Industry Data Security Standard (PCI DSS)compliance requirements based on credit card processing and data handling
functiorfls within the County,as identified by Eagle County IT staff.
• Provide a summary of perceived HIPAA compliance requirements based on the protection of protected health
information (PHI)within the County,as identified by Eagle County IT staff.
• Provide a summary of perceived CJIS compliance requirements based on the protection of personally identifiable
informakion (P11)within the County,as identified by Eagle County IT staff.
• Perfor application/service-level configuration and deployment summary reviews of the applications noted below,on a
per-appp'ication basis.This activity does not constitute full penetration testing, but will instead summarize risk and
providet prioritized remediation actions.To include the following applications,involving approximately a one hour high-
level re iew of each:
• Finance: New World/ADP
• HR:ADP
▪ Assessor: Eagle Assessor
▪ Clerk and Recorder:Aptitude
▪ Treasurer:Collectware
• Sheriff: L3
• Develop interview-driven departmental risk assessment summary reports, documenting potential risk to the Eagle
County Airport, Communications Department, ECO Transit, Landfill,and Emergency Management,and identifying
prioriti ed recommendations for both near-term and long-term security fortification and document the current and
ideal states for the in-scope Eagle County departments.
• Document security risks to Eagle County,including prioritized recommendations for improving the security of Eagle
County's IT infrastructure.The deliverable will consist of a written assessment of Eagle County's security profile (20-40
pages),Identifying prioritized recommendations for both near-term and long-term security fortification and documenting
the current and ideal states for the areas listed below. Descriptions of issues will contain technical details such that a
system administrator can use the document as a guide for mitigation.The issues that will be addressed in the assessment
will incl de:
• Eili
xternal paths of attack
▪ External hosted email without two-factor enabled and Postini security
• Download access rights/Zscaler Proxy settings
▪ Site-to-site VPNs
• Software patch-level and use compliance,with a focus on Java and the applications that do not support current
©2014 Applif+dTrust CONFIDENTIAL Page
AT_Eagle_County_IT_Security_Assessment_Proposal_2014-10-24
IT Security Assessment
Proposal for Eagle County
October 24, 2 0 1 4
Phase I: Internal Vulnerability Assessment
Java releases
• Network security architecture
o Infrastructure best practices comparison
• User and administrative policy and compliance
▪ Encryption usage and handling
O Trust-level dependencies and management
• Virus protection and management
• Role/function segmentation and access management
o Remote access
ID Password policy and use
I] Physical network/system infrastructure security
▪ Level and methods of ongoing vigilance
▪ Excessive workstation rights
▪ Mobility risks, including laptops,tablets,and phones
▪ Vender VPN process/access
• End-user VPN network access
• Conduct a face-to-face presentation of assessment findings and discussion of recommendations at Eagle County.
3. Proposal Acceptance
AppliedTrust is pleased to present this Agreement to Eagle County("CLIENT")setting forth the conditions, principles,and
parameters under which AppliedTrust shall undertake the work outlined in this proposal.
CLIENT desires to engage AppliedTrust to provide IT consulting services,and AppliedTrust desires to fulfill such role and to provide
the services described in this proposal to CLIENT.
I. Payment Terms
Deliverable Price
Phase I: Internal Security Assessment Fixed Amount:$14,760
a. CLIENT will be invoiced on a monthly basis for completed work(Net-30 terms).
©2014 AppliedTrust CONFIDENTIAL Page
AT_Eagle_County_IT_Secur.ly_Assessment_Proposal_2014-10-24
2. Assessment Activities Acknowledgement
To successfully assess the security of the computer systems and networks owned and operated by CLIENT,AppliedTrust
will pe rm scheduled, non-intrusive TCP/IP port and vulnerability scan tests of CLIENT's network.CLIENT hereby
authori es this scanning activity,and acknowledges that it may result in discovery of security vulnerabilities of CLIENT's
networ and/or computer systems. Furthermore, CLIENT acknowledges that it is possible,but extremely unlikely,that
scanning activities could result in degradation or disruption of CLIENT's environment during the test.CLIENT assumes sole
responsibility for any degradation or disruption of service during the test.
AppliedTrust will immediately notify CLIENT when each test is complete,and AppliedTrust will not perform any additional
security scanning activities after this notification without further authorization from CLIENT.
Within 10 business days of completion of the test,AppliedTrust will disclose all test results, including all identified security
vulnerabilities,to CLIENT.AppliedTrust will not disclose test results to any other parties besides CLIENT.At the request
of CLIEI JT,AppliedTrust will offer assistance with mitigation activities for any security vulnerabilities identified by the test.
CLIENT is not obligated to mitigate identified security vulnerabilities,and AppliedTrust will not disclose CLIENT's choice in
this matter to any third party.
3. Non-Solicitation
•
The parties agree that during the term of this Agreement and for a period of one(I)year after expiration or termination
for any reason, neither CLIENT nor AppliedTrust shall solicit,negotiate with or offer employment to(whether as an
employee,officer,director, partner,consultant,contractor,or otherwise),directly or indirectly,personnel from the other
party.This paragraph will survive termination of this Agreement.
EXHIBIT B
INSURANCE CERTIFICATE
9
Eagle County Professional Services IT Final 5/14
ACO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DD"YYY)
Imo„/ 09/26/2014
THIS CERTIFICATE 15 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 062 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:
Prime Coverage (Corp. ardr4h, nit,. (631) 843-0055 1 rre,Nol:(631) 843-0056
1 Huntington Q adrangle ADMRI£ss;
Suite 1N11 INSURER(S)AFFORDING COVERAGE NAIC#
Melville } NY 11747- INSURER A:Hartford Casualty 22357
INSURED Applied)Trust Engineering, Inc. INSURER B:TW111 City Fire Insurance Co 29459
1033 Walnut St,i Suite 300 INSURER C:Philadelphia Ins. Co. 23850
INSURER D:
INSURER S:
Boulder } CO 80302- INSURERF:
COVERAGES CERTIFICATE NUMBER: 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.
ADOL SUER POLICY EFF POLICY EXP
MR TYPE OF INSURANCE MR WV0 POUCY NUMBER (MM/DDIYYYY) LMMIDDIYYYYI LIMITS
A GENERAL LIABILITY y 12SBAZH 10/15/2013 10/15/2014
9956 EACH OCCURRENCE $ 2,000,000
X COMMERCIAL GENERAL LIABILITY / / / / PREMISES Ea occurrence) $ 300,000
CLAIMS-MADE 51 l OCCUR / / / / MED EXP(Any one person) $ 10,000
X Contractualt,fability / / / / PERSONAL&ADVINJURY $ 2,000,000
1
/ / / / GENERAL AGGREGATE $ 4,000,000
GENT.AGGREGATE LIM APPUES PER: / / / / PRODUCTS-COMPIOP AGG $ 4,000,000
_POLICY j I xILOC / / / / - $
A AUTOMOBILELIABIL Y 12SBAZH9956 10/15/201310/15/2014 COCBINEDSINGLE LIMIT $ 2,000,000
ANY AUTO / / / / BODILY INJURY(Per person) $
— ALL OWNED SCHEDULED / / / / BODILY INJURY(Per accident) $AU
OS AUTOS
X H RTED AUTOS NON-OWNED / / / / PerOPER^I DAMAGE $
AUTOS / / / / $
A X UMBRELLA LIAB X OCCUR Y 12SBAZH9956 10/15/2013 10/15/2014 EACH OCCURRENCE $ 1,000,000
— EXCESS LIAB CLAIMS-MADE / / / / AGGREGATE $ 1,000,000
DED I X I RETENTION 5- 10,000, / / / / r $
B WORKERS COMPENSATION 12WECRY5343 05/01/201405/01/2015 X I WC ATU- IOT
AND EMPLOYERS'LIABILITY
ANY PROPRIETORIPARTNER,EXECUTIVE 1 YN N/A / / / / E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLJDED?
(Mandatory In NH) / / / / E.L.DISEASE-EA EMPLOYEE $ 1,000,000
byes,describe under
DESCRIPTION OF OPER4ITIONS below / / / / E.L.DISEASE-POUCY LIMIT $ 1,000,000
A Crime 12SBAZH9956 10/13/2013 10/13/2014 UmiI Replacement Cost 2,000,000
C Professional Liability PH3118900304 11/06/2013 11/06/2014 LiabIityAgg/daim 2,000,000
DESCRIPTION OF OPERATION if LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
The Certificate *older is listed as an Additional Insured as per written contract & subject to the policy
terms, condition & exclusion. Waiver of Subrogation applies.
CERTIFICATE HOLDEit CANCELLATION
( ) - ( ) -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Eagle Cottnty
500 Broadway AUTHORIZED REPRESENTATIVE
PO Box 850
B.Ctmet Eagle CO 81631- t�
j7.E -" ..
I.
ACORD 25(2010/05) 01988-2010 ACORD CORPORATION. All rights reserved.
INS025(201005)01 The ACORD name and logo are registered marks of ACORD
I