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HomeMy WebLinkAboutC17-176 Walker TrackerSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND WALKER TRACKER THIS SECOND AMENDMENT ("Second Amendment") executed this 05/31/2017 and effective as of the V day of May, 2017 by and between Walker Tracker (hereinafter "Consultant" or "Contractor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County and Consultant entered into an agreement dated the 12`i' day of May, 2015, for certain Services (the "Original Agreement") and executed the First Amendment to the Original Agreement on May 20, 2016 effective May 1, 2016 (the "First Amendment") (collectively the "Agreement"); WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $20,000.00; and WHEREAS, the First Amendment contemplated that the Consultant would perform certain Services during a new term with compensation in the amount of $20,000.00 and not to exceed with the Original Agreement an amount of $40,000.00; and WHEREAS, the County desires to have Consultant perform additional Services for additional compensation for another term as set forth below; and WHEREAS, the term of the Original Agreement expired on the May 1, 2016, the term of the First Amendment expires on May 1, 2017 and the parties desire for this Second Amendment to extend the term for an additional year. rI: E►► ►1►►1 WN NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to include additional Services as described in Exhibit A-2, which is attached hereto and incorporated herein by reference. 2. The compensation for the additional Services set forth in Exhibit A-2 shall not exceed $20,000 or a total maximum compensation under the Agreement and this Second Amendment of $60,000. 3. The term of the Original Agreement is hereby extended to the V day of May, 2018. 4. Capitalized terms in this Second Amendment will have the same meaning as in the Agreement. To the extent that the terms and provisions of the Second Amendment C17-176 conflict with, modify, or supplement portions of the Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. S. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER 0 Bryan Treu, Interim County Manager CONSULTANT: WALKER TRACKER By: Print Taylor Welsh President 2 EXHIBIT A-2 FEES, PAYMENTS, LENGTH OF SERVICE Payment is due within 30 days of an undisputed invoice. If Customer's account is in arrears for more than sixty (60) days, Customer shall be considered in breach of contract. Length of Service: Walker Tracker shall provide Customer Hosted Services for term specified by client. Service Start Date: The start date of Hosted Services shall be the date that Customer opens access to hosted services for end users. PRICING PRIVATE PORTAL eaglecounty.walkertracker.com EAGLE COUNTY. COLORADO (Government pricing )'1" ANNUAL ACTIVITY PROGRAM - Per Registered User Option (Minimum $24./user** per year* billing 150 accounts) SET UP FEE - WAIVED $D ONE SPOUSE, PARTNER OF FAMILY MEMBER (OVER THE AGE OF 13) $Q OF EACH REGISTERED EMPLOYEE CAN REGISTER ON THE WEBSITE AT NO COST. * Quoted price on the Second Amendment Exhibit A-2 will be honored for two (2) years, through May 1, 2019 ** Walker Tracker will bill for additional users throughout the year at a pro -rated, per registered user cost, for accounts not invoiced an the first bill of the new program