HomeMy WebLinkAboutC15-451 Peak Performance Copier Supply Inc. dba Peak Performance Imaging Solutions-vTHIS AGREEMENT ('Agreement") is effective as of the '[,> day of AGREEMENTFOR MAINTENANCE AND SUPPORT SERVICES BBTWEEN EAGLE COIJNTY. COLORADO AND PEAKPERTORMANCE COPIER & SUPPLY,INC. DBA PEAK PERFORMANCE IMAGING SOLUTIONS , 2015 by and between Peak Perfonnance Copier & Supply, Inc., a Colorado corporation d/bia Peak Performance Imaging Solutions (hereinafter "Contractor" or "Consultanf') and Eagle County, Colorado, a body corporate and politic (hereinafter "County''). RECITALS WHEREAS, County desires to hire Contractor to provide on-going maintenance and support services for the Laserfiche Rio system and allrelated Laserfiche products (the "Projecf') located at 500 Broadway, Eagle, Colorado (the'?roperty''); and WHEREAS, Contractor is authorized to do busincss in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph l hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the Services. \GREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: l. Services or Work. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to provide on-going maintenance and support services for the Laserfiche Rio system and all related Laserfiche products as described in Exhibit A ("Services" or "Work") which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to firnish the Services 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 neaessary 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 Re,presentative. The IT Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. Cg l" co,*ttcimmissloners' OfficeC15-451 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions ofparagraph I I hereof, shall continue in ftill force and effect for a period ofone (l) year. 4, Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall bc 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 snch additional services in accordancewithCounty'sinternalpolicies. Accordingly,nocourseofconductordealingsbetweentheparties;nor velbal change orders, express or implied acceptance ofalterations 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 enlichment, shall be the basis ofany 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 accol'dance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such faihue 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 strm computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not excecd $18,259.00. A pre-payment of $8,470.00 was paidby County on July 31,2015 toward the total contract amount, leaving a remaining balance due of $9,789.00. Contractor shall not be entitled to bill at overtime and,/or double time rates for work done outside of normal business hours unless specifrcally authorized in writing by County. a, Payment will be made for Service s satisfactorily performed within thirty (3 0) 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, Counfy 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 reimbrrsement from County, Contractor shall forthwith rehrn strch 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 3l 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-l0l 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 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 servicos without County's prior written consent, which may be wittrtreld in Counf 's sole discretion. Couuty shall have the right in ils reasonable discretion to approve all personnel assigned to the subject Project during the performance ofthis Agreement and no personnel to whom 2 Eagle County Professional Services IT Final 5/14 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 ofthe 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 cnforce the provisions ofthis Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions ofits agelts, 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: Types oflnsurance. r. 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, inchrding coverage for owned, hired, and non-owned vehicles. iii, Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/corry)leted operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggegate limits. ,\ iv. Professional Liability (Errors and Omissions) including Cyber Liability rvith ?Ae'+rie- .fil'l/ €overa€e for all deliverables, Services and additional services rcquired hereunder, in a form and with insurer or instuers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $1,000,000 in the aggregate. The insurance shall provide coverage for (i) liability arising from theft, dissemination and/or use of confidential information stored or tansmitted in elechonic form; (ii) Network Secruity Liability arising from unauthorized access to, use of or tampering with computer systems incltrding 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 inhoduction of a computer vims into, or otherwise causing damage to, County or a third person's computet computer system, network or similar computer related property and the data, software and prograrns thereon. v. Crime Coverage shall include employee dishonesty, forgery or alteration and computer fraud. If Consultant is physically located on County premises, third pafiy fidelity coverage extension shall apply. The policy shall include coverage for all directors, officers and employees ofthe 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. 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 ofinsurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor's certifrcates ofinsurance shall include subcontractors, ifany as additional instueds under its policies or Conhactor shall furnish to County separate certificates and endorsements for each snbcontractor. 3 Eaglo County Professional Services IT Final 5/14 l1l. termination hereof. The insurance provisions ofthis Agreement shall survive expiration or 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 Govemmental Immunity Ac! as from time to time amended, or otherwise available to County, its afiiliated entities, successors or assigns, its elected officials, employees, agents and vohrnteers. v. Contractor is not entitled to workers' compensation benefits except as provided by the Contractor, nor to unemplol,rnent insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity, The Contractor is obligated to pay all federal 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 snch 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 ofits subcontractors hereunder; and Conhactor shall reimburse Counly for reasonable attomey 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 indemnifrcation 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 ofDocuments and Confidentiality. All documents (including electronic files) and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of the Cotrnfy and are to be delivered to County before final payment is made to Conhactor or upor earlier termination of this Agreement. Further, Contractor shall execute any bill of sale or other doctrments required by Cotrnty to transfer title of the Equipment to County. Contractor shall provide copies of any ilstruction or operations or care manuals and shall further provide copies of any mannfacturers warranties associated with the Equipment. a. Contractor acknowledges and agrees that County owns all rights, title and interest in the County data. Contractor shall not access County user accounts or County data, except (1) in the course of data center operations (2) inresponse to service ortechnical issues (3) forproactive service andproblemresolution(4) as requiredbythe express terms of this Agreement or (5) at the County's written request. b, Contractor agrees to maintain the confidentiality of all County data, and agrees not to sell, assign, distribute or disclose any such confrdential information to any other person or entity without the written consent of County. c. The Parties agree that in the event County transitions to a software solution other than the Laserfiche Rio and Forms software (collectively the "Software"), the County may release the necessary and detailed information solely for the purpose of facilitating the conversion of County data to the new systems and that Contractor will reasonably cooperate with the County in said transition. 10. Notice. Any notice reqtrired 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 delivered 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 4 Eagle County Professional Services IT Final 5/14 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 witten notice of strch change to the other party. COUNTY: Eagle County, Colorado Attention: Scott Lingle 500 Broadway Post Offrce Box 850 Eagle, CO 8163 I Telephone: 970-328-358 I Facsinrile: 97 0-328-3 599 E-Mail: Scott,Lingle@eaglecounty.us With a copyto: Eagle County Attorney 500 Broadway Post Offrce Box 850 Eagle, Co 81631 Telephone : 97 0 -328 -8 68 5 Facsimile: 97 0-328-8699 E-Mail: atty@eaglecounty.us CONTRACTOR: Peak Performance Imaging Solutious 135 West l lrh Street P.O. Box 1968 Silverthome, CO 80498 Telephone: (97 0) 262 -25 5 5 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 t hereof, in such format as Courty shall direct and shall return all Courfy owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of ternrination. 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 govemed 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 signahres for execution of this Agreement. Only the following two forms of electronic signahres 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 be properly notarized, if applioable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-L0L to 121. ) Eagle County Professional Services IT Final 5/14 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself u/ith 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 maruler affect cos! progress, or performance ofthe Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance ofthe Services. c. To the extent possible, Contractor has correlated the results ofsuch observations, examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement, d. To the extent possible, Contractor has given Counfy written notice of all conflicts, errors, or discrepancies. e. Contractor shall be responsible for the completeness and accuracy ofthe Services and shall conect, 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 Conffactor of any of its responsibilities. Contractor shall pcrform thc Scrvices in a skillful, professional and competent mann€r and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Conhactor represents and warrants that it has the expertise and personnel necessary to properly 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 agrres 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 venhtre or any other relationship between Counfy and Contractor except that ofindependent 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. j. Contactor 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 ofthe parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reseryed solely for the parties, and not to any third party. 6 Eagle County Professional Services IT Final 5/14 I' No failure or delay by either party in the exercise ofany right hereunder shall constitute a waiver thereof. No waiver ofany breach shall be deemed a waivcr ofany preceding or succeeding breach. m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability ofany 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 interes! direct or indirect, that would conflict in any manner or degree lvith the pedormance of the Services and contractor shall not employ any person having such known interests. o. The Contractor, ifa nahrral person eighteen (18) years ofage 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. IREST OF PAGE INTENTIONALLY LEFT BLANK] 7 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 PEAK PERFORMANCE COPIER & SUPPLY, INC. DBA PEAK PERFORMANCE IMAGING SOLUTIONS Title: /r*n, /.* y' 8 Eagle County Professional Services IT Final 5/14 Blent McFall, Courty Print Name/ E/or'TA)or/rkz EXIIIBIT A SCOPE OF SERVICES, SCHEDULE, FEES 9 Eagle County Professional Services IT Final 5/14 P nex P nnFoRMANCE I meqNc S orwrcws 5euln. Seruice, Price, and Experience gouWant Statement of Work (SOW) Project Name: Laserfiche Rio Upgrade SCOPE: PHASE | - Upgrade from Laserfiche Avante to laserfiche Rio system peak Performance lmaging Solutions will provide the expertise, technical knowledge, staff support, and other related resources necessary to: . Upgrade Laserfiche server to most current version of Laserfiche . Upgrade from Laserfiche Avante to Laserfiche Rio system. . Install License Manager and train lT staff' . Install and Configure Advanced Audit Trail. . Re-configure both Weblink (Public Portal)servers, . Install and Configure Workflow server with Workflow Subscriber, . Install Quick Fields Core. Update any currently running Quick Fields sessions' . Install and Configure Laserfiche Forms. . Install and configure web Access and Laserfiche Mobile on web server. PHASE ll- Basic Service Support Contract (Renewable Annually) Basic Service Support guarantees an 8 - 12 hour response time. Peak Performance lmaging Solutions will provide: . Technical support for any software issues related to all Laserfiche products' . Technical supporttechnical issues reported by users after being routed through Eagle County lT dePt. . Respond to support issues after a call is opened with the Peak Performance Support Department. Service calls may be placed by: 1 - Calling 1-800-260-8806 2 - Emailing support@peakdisital.com 3 - Filling out the Service Request at http://www.peakdigital.com/s/service-request. . 24 Hour Access to Laserfiche Support Site and Knowledge Base: www.support.laserfiche.com, . Eligibility to Laserfiche Regional Training and the annual Laserfiche conference. OUT OF SCOPE: The following items are not covered by this Statement of Work but are available for an additional fee: . Laserfiche Workflow design and development - priced per project or 5150/hour . Additional Laserfiche Training S150/hour Authorized Resel{ar PRODUCT DESCRIPTIONS AND TIMITATIONS The Laserfiche Rio system will include the following products: Qtv Product Descriptio n/Lim itatio ns 70 Rio Named Users Named User pricing includes the following features: - Unlimited Laserfiche Servers and repositories - Workflow - Web Access {including Lf Mobile and the SharePoint integration) - Advanced Audit Trail with Watermark feature - Web Administration Console *requires Server 8.3 or later - Digital Signatures *requires Server 8.3 or later - Snapshot - E-mail 7 Pilot Public Portal lncludes Weblink. Provides 25 Concurrent read-only connections to up to 1.5 repositories on any one Laserfiche server. t lmport Agent Allows the configuration of unlimited profiles to monitor folders for importing files into any Laserfiche server from networked mfps, Can onlv be installed on one workstation or server. 1 Quick Fields Core Includes Quick Fields, Quick Fields Scripting Kit and Validation packages for Bar Code, Real-Time Lookup and Zone OCR Can only be installed on one workstation or server but can connect to anv Laserfiche server or repository. 70 Laserfiche Forms Allows access to Laserfiche Forms for any Rio Named User. One instance can connect to one repository and/or Laserfiche server. Allows for multiple instances to be installed to access multiple servers and /or repositories. Page 2 of 2 A PEAK PERFORMANCE IMAGING SOLUTIONS Laserfiche Rio Quote prepared for: Eagle Countv Government PLEASENOTE: TheBasicsupportgumteesa8-12hourespomctinefromPeakPerfomonce. PdoritySupportisavailableatahigher amual fe with a decrere of response tine to 4 - 8 hows. This quote is valid for throueh 12/012015' Please contact Jen Haris, Solutions Specialist, with any questions at 970-409-8033 or iharris@peakdiqitrrl.com A.ithorized ,?eselaer ffi Peak Performance lmaging Solutions 135 W 1lth St. - PO Box 1968 Silverthorne, CO 80498 Telephone: (970)262-2555 Facsimile: (970) 262-6965 Billto Eagle County Government P.O. Box 850 Attn: Scott Lingle, Director Of lnnovation & Tech Eagle, CO 81631 Gontract Start Gontract End Gontract Type TBD,20{5 TBD,2016 LSAP- Basic Software lnfo Model Laserfiche Rio System 500 Broadway Eagle, CO 81631 NOTES AND/OR SPEGIAL TERMS: No specialterms. Page 1 of2 MAINTENANCE AGREEMENT CONTRACT MaintenanceAgreementNumber: MA00963 Serial: Price $18,259.00 TBD SOFTWARE TERMS AND CONDITIONS GENERAL SCOPE OF COVERAGE This soflware agreement allows oustomer access to hot line technical support. Basic technical support response times are within 8 hours and Priority technical support response times are withln 4 hours. Please refer lo front side of agreement for specifio type of agreemenl. Rouline updates and patches are available to customer for download. lf necessary, on-site support is provided for current products including preventative maintenance and user training (see Sales order for number of hours included in sale.) ln addition, customer ls eligible for user workshops and training conferences. Damage to the eoftware structure due to misuse, abuse, negligence, electrical problems/surges, or any olher oauses beyond Peak Performance lmaging Solutions control are not covered. In addition, Peak Performance lmaging Solutions may terminate this agreement in the event the software is modified, damaged, altered or serviced by personnel other than lhose employed by Peak Performance lmaging Solutions. UPGRAOES All upgrades of software paokages will be handled per specifio guidelines provided by software vendor. Contact your PPIS representative for upgrade information. SERVICE CALLS Service calls under this agreement will be made during normal business hours at the installstion address shown on the reverse side of this agreemenl. Travel and labor time for'servioe calls after normal hours, on weekends and on holidays, il and when applicable, will be charged at overtime rate in elfect at the time the service call is made. TERM This agreement shall become effeclive upon receipt by Peak Performance lmaglng Solutions of the lnitial annual maintenance charge proMded on the reverse side hereof and shall continue through the expiration date listed on the front of this agreement (or term listed in the exclusions, special instructions or special terms section of lhis agreement). This contract shall be automatically renewed for successive similar periods subject to the receipt by Peak Performance lmaging Solutions of the maintenance charge in effect at the time of renewal, provided that the customer is not then in default. Signature required on tinal page. Thank you for choosing Peak Pefiormance lmaging So/utions Page2ol2 BREACH OR DEFAULT lf the customer does not pay all charges for maintenance agreement provided thereunder, promplly when due: 1') Peak Performance.lmaging Solutions may refuse ""*i." or furniih service on a C.O.D. "Per Calli basis at published rates 2.) You, the customsr, accept the term length of this agreemont and accept that breach or default of this agreement will result in you, the oustomer, boing responsible for full payment of said agreement. S--) you, the customei agre€ to pay peak performance lmaging Solution's costs and expenses of collection lncluding tho maximum attorney's fees and collection fees permitted by law MOVING FplS ,"""rr" the right to apply reasonable charges to move software-related equipment for customers and in sole discretion leserves the right to charge for damage ti softwiietone by unauthor-ized moving of equipment by you, the customer, without prior approval from PPIS. WARRANTY Other than the obligations set forth herein, Peak Performance lmaging Solutions disclaims all warranties, express or implied, including any implied warranties of merchant ability, frtness for use, or fitness for a partic-ula-r purpose. Peak Performance lmaging Solutions shall not be responsible for direet, incidental or oonsequ6l.rti"t O.r"g"" including but not limited to, dahages arising out of the use or performance of the equipment or the loss of use of the equipment. SE RVER/WORKSTATIO N CONDITION The server/workstation equipment must be in good condition and meet the minimum requirements.provided to the customer on the commencement date of the egre€ment. p'eak performance lmiging Solutions will not install any software on machines that do not meet the minimum requirements. ppls will charge customer, and customer agree! to pay, for additional labor required to return to continue installation if inadequate machines were available at th; initial installation. peak Performance lmaging Solutions will involce the customer and this will be in addition to the price set forth on the reverse side hereof. PC CONNECTIVIB SUPPORT, INTEGRATION Customer accepts terms & oonditions of Sales Order as well as Scope of Responsibility Listed on Reverse.side of Sales Order. Standard warranty(s) for pC peripheials such as hubs, print servers, eto..is with Manufacturer. PPIS assumes there is a network drop within close_proximitylo machine iocation. ppls requests full acoeis to network environment to install systems efficlently a_qli9kry. Delaysnot caused by PPls may be billed to customer at ppls discretion. ppls offers training on software sold to iustomer by PPIS. PPIS does not offer baslc computer skills tralning. Additional installation requ€sts for additional workstations is chargeable (not Supported by this malntenance agreement) at the culr€nt rate. MISCELLANEOUS The laws of the state of Colorado shall govern this agreement and is applicable to agreements wholly negotiated, executed and performed in such State. lt constitutes the entire agreeme-nt between de parties and mayhot be modified exc€pt in writing by a duly authorized officer of Peak Performance lmaging Solutions. All Invoices Are Due And Payable On Receipt This customer guarantees payrnent within specified terms ."0 iff"n:"jijT:ilff,i:,[iJ1;:',1r"genses incurred In collectins the amount of lhls lnvoica' overdue Thank you for choosing Peak Pefiormance lmaging Solutions E)(rIIBITB INSURANCE CERTIFICATE l0 Eagle County Professional Services IT Final 5/14 ,^c@/F/f CERTIFICATE OF LIABILITY INSURANCE oATE It$[rrDOrYYYYl LL/9120L5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIF]CATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE GOVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the cartlflcats holdor ls an ADDITIONAL INSURED, the pollcy{ler) must be endorsed. lf SUBROGATION lS WAIVEO, sublect to the terms and condltlons of the policy, certaln pollcies may requlre an endorsemont. A statement on thls certlflcate does not confer rlghts to tho certificate holder In lleu of such endorsement(sl. PRODUCER Alpine Insuranc€ Agoncy of Surmit 60 Main Street Suite B PO BOX 5120 Frigco CO 801t43 '!!l'r Bouee Aocount ljlPtE^ -.". (970) 668-8300 | i# "-,. (e?0)668-0305 E.IIAIL ADDRESS: titguRERtst AFFoRDtNc covEMGE I rtltc r TNSURERA:Travelcrs FropertV Casualtv Co 25674 INSURED Peak Performance Copi.r 6 Supply Xnc PO Box 1968 135 W. 11th silverthorne CO 80498 TNSURERB:Peer1€88 IndennLtv Ins CO 18333 ||'ISURERc:Pinnacol Asguranoe CO 41190 INSIJRER D : lil3tIRFR F ! 13. GERTIFICATE HOLDER ACORD 26 (2014101' lN5025 (zotott @ 1908-2014 ACORD CORPORATION. All rights reserued. The ACORD name and logo aro reglstersd marks of AGORD CERTIFICATE NUMBER:CLI 012982 THIS IS TO CERTIFY THAT THE POLICIES OF INSUMNCE LISIEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDING ANY REOUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO W}IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLTCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF II{SURANCE POLICY NUMBER A x COIIUERCIAL GENEML LIABILITY-l"*,r**o. ["lo".r* x zPP8lM{ {92{Lr/9120L5 tLl9l2OL6 EACH OCCURRENCE 1,000, 000 AGE TO RENTED MISES fEr o@mnol s 300,000 MED EXP (Any one peBon)r 10,000 PERSOML & ADV INJURY 1 , 000 ,000 GEI ,o',."f_lffi l-1.o. GENERAL A6GREGATE 2, 0oo, oo0 x 2,000, 000 I B AUI 'otoatLE LlAEluTY ANY AUTO ALL OWI.IED AUTOS HIRED AUTOS fll screouleo| ^ | AUTosI v I NON-OW\ED l - ] Auros tl x 8A2054553 L2l18/20Lr L2lLs/2OL5 ,MEINCU DINULE LIMII I accklenll | 1,000,000 BODILY INJURY (Por Person)$ BODILY INJURY (Ptr aeldmt)t x PROPERW DAMAGE I I UIIBRELTA LIAB EXCESS UA8 OCCUR .I AIMq.MANE EACH OCCURRENCE AGGREGATE 0 oEo I IRETENT|oN3 c utoRKERS COl,tPEl{SAnON N'A {136115 t2lr/20L1 t2/L/2OL5 x tH-ITTJTtr ANY PROPRIETOR/PARINERiEXECUTIVE i4 oFFTCER/MEMBER EXCLUDED? LI_(Mrnd.tory In NHI It y6s, d6sdb€ under nFqnPlPInN AF 6PFPATIoNS hl6k E.L EACH ACCIDENT 500. ooo E.L. DISEASE - EA EMPLOYEI t 500.000 E.L DISEASE - POLICY LIMIT 500. ooo A E6O / CYBER LI,ABITITY x zPL15T1502A Lrl9l20L5 ttl9l2076 EACHOCCUMNCE s 1,000,000 AGGREGATE $ 1, OOO, OOO DESCRIPTIONOFOPERATIONS/LOCATIONStVEHICLEB |ACORDl0l,AddluonelR.mlfkrSchodulr,mrybr.ttrchodlfmmsp.ce broqulnd) The autonrobile and commeroial genelal liability coverage are endorged to includo Eagla County, itB associated or affiLiated entities, ite auccegEore and aesigns, elested officLals, enployees, agents and volunteers ag additLonal insureds pe! Comnercial Auto Endorseuent 16-9{ (05/0?} and GL endorsenrent CG Dl L7 OL L2, GANCELLATION Eagle Couaty Governoent 500 Broadway PO Box 850 Eagle, CO 8X631 SHOULD ANY OF THEABOVE DESCRIEEO POLICIES BE CANCELLEO BEFORE THE ExPlRATlOl,l DATE THEREOF, NOTICE WILL BE DELIVERED lN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR,IZED REPRESENTATNE n Luetkens/ROBYN tMtefu--