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
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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.
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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
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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.
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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.
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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]
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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
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--