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HomeMy WebLinkAboutC21-014 Executive Information Services Support AgreementSUPPORT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ________________, (the “Effective Date”) by and between Eagle County, Colorado a body corporate and politic (Sheriff's Office), located at 885 East Chambers Avenue, Eagle, CO 81631 hereinafter referred to as the “Agency”, and Executive Information Services, Inc., hereinafter referred to as “Contractor” or “EIS”. WHEREAS, the Contractor has agreed to sell and Agency agreed to purchase support services described in the Exhibit of Support Services (“Support Services”), attached hereto as Exhibit “A” and incorporated herein. 1.GENERAL SCOPE OF SERVICES. Contractor agrees to furnish to the Agency the Support Services in accordance with, this Agreement, and the Exhibits attached hereto and incorporated herein by reference. 2.TERM. This Agreement shall commence on the Effective Date and shall continue for a period of twelve (12) months (the “Initial Support Term”). Thereafter, This Agreement may be renewed by mutual agreement and by payment of Contractors’ then current fees for Support Services (each a “Support Renewal Term”). The Initial Support Term and any Renewal Term shall collectively be referred to as the “Term”. 3.SUPPORT FEE. Agency agrees to pay the Contractor for the services and equipment herein, the sum of $ 10,950.00_ USD (the “Support Fees”). EIS Products covered by this agreement and cost breakdown: a.Support Services for JMS and Licensed Supporting Applications____________ b. Subscription/Support Services for None ______________ 4.PAYMENT. Agency will pay Contractor the Support Fees specified above. Payment of the applicable fees is due prior to the commencement of Support Services. Contractor will invoice for the Support Fees annually in advance. All payments hereunder are non-refundable. The Support Fees do not include taxes. Agency agrees to pay all foreign, federal, state, provincial, county or local income taxes, value added taxes, use, personal, property sales and any other taxes, tariff, duty or similar charges that may be levied by a taxing authority (excluding taxes on Contractor’s net income). Agency shall reimburse Contractor for all travel and out of pocket expenses. 5.RESTRICTIONS. In addition to the exclusions set out in Exhibit “A”, (a) Contractor shall have no obligation to provide Support Services if Agency fails to pay the applicable fees hereunder of is otherwise in breach of this Support Agreement or the Sales, Service and License Agreement; (b) Contractor shall have no obligation to provide Support Services for any system component that has been modified by the Agency or any third party without express written approval by Contractor; and (c)Agency agrees to provide Contractor with access to facilities and equipment as are reasonably necessary for Contractor to perform its obligations, including remote access. DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 1/12/2021 C21-014 6. WARRANTY. Contractor agrees to perform the Services in a professional manner and as otherwise set forth in this Agreement. 7. DISCLAIMER. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SECTION 6, SUPPORT SERVICES AND ALL DOCUMENTATION AND OTHER MATERIALS AND SERVICES ARE PROVIDED TO AGENCY, “AS IS” AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. CONTRACTOR, ITS AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SUPPORT SERVICES, AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. 8. LIMITATION OF LIABILITY. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONTRACTOR, ITS AFFILIATES, SUPPLIERS, LICENSORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, FOR LOST REVENUE OR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR COST OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY, EVEN IF IT HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH LOSS OR DAMAGE OR SUCH LOSS OR DAMAGE IS FORSEEABLE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, CONTRACTOR, ITS AFFILIATES, SUPPLIERS, LICENSORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS’ ENTIRE LIABILITY AND AGENCY’S EXCLUSIVE REMEDY WITH RESPECT TO THE SUPPORT SERVICES AND ANY OTHER PRODUCTS, MATERIALS OR SERVICES SUPPLIED BY CONTRACTOR IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT THAT IS EQUAL TO THE SUPPORT FEES PAID TO CONTRACTOR BY AGENCY FOR THE THEN CURRENT TERM. 9. TERMINATION. This Agreement may be terminated as follows: (a) Agency shall have the right to terminate this AGREEMENT, without cause, by giving not less than thirty (30) days’ written notice of termination. (b) Either party may terminate this Agreement effective immediately upon written notice to the other party to that effect, if the other party breaches a material term of this Agreement and fails to cure such breach within thirty (30) days of written notice of such breach by the non-breaching DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 party. (c) Either party may terminate this Agreement effective immediately upon written notice to the other party if the other party: (i) becomes insolvent; (ii) becomes the subject of any proceeding under any bankruptcy, insolvency or liquidation law, whether domestic or foreign, and whether voluntary or involuntary, which is not resolved favourably to the subject party within ninety (90) days of commencement thereof; or (iii) becomes subject to property seizure under court order, court injunction or other court order which has a material adverse effect on its ability to perform hereunder. (d) This Agreement shall automatically terminate in the event that the Sales, License and Services Agreement entered into between the parties terminates or expires. (e) CONTRACTOR may terminate this Agreement effective immediately upon written notice to that effect if Agency fails to pay any Support Fees when due and fails to cure such failure within five (5) days of written notice from CONTRACTOR. 10. OTHER SERVICES. Professional services (training, project management, data conversion, general consulting, etc.), not support related, are not included in the Services provided under this Agreement and can be provided to the Agency on request at the then-current rate for the applicable service. 11. DELIVERY OF NOTICES. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Executive Information Services, Inc. 1396 NE 20th Avenue, Suite 100 Ocala, FL 34470 AGENCY: Eagle County Colorado Eagle County Sheriff's Office PO Box 359 Eagle, CO 81631 With Copy to: Eagle County Colorado Eagle County Attorney’s Office PO Box 5482 Eagle, CO 81631 Notice so given shall be deemed effective when received, or if not received by reason of fault of the addressee, when delivered, addressed to the addresses above. DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 12. GENERAL. (a) Force Majeure. No default, delay or failure to perform on the part of CONTRACTOR shall be considered a breach of this Agreement where such default, delay or failure is due to a force majeure or to circumstances beyond its control. Such circumstances will include, without limitation, strikes, riots, civil disturbances, actions or inactions concerning government authorities, epidemics, war, terrorist acts, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy or default of a common carrier or other disasters or events. (b) Entire Agreement. This Agreement (including the Exhibits referenced in it and attached to it) sets forth the entire agreement and understanding between the parties with respect to its subject matter and supersedes all previous communications, proposals, negotiations, representations, understandings and arrangements, either oral or written, between the parties with respect to the subject matter hereof. The terms, provisions or conditions of any purchase order or other business form or written authorization used by Agency will have no effect on the rights, duties or obligations of the parties under, or otherwise modify, this AGREEMENT, regardless of any failure of CONTRACTOR to object to those terms, provisions or conditions. (c) Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable under any applicable law, then such provision shall be deemed modified to the extent necessary in order to render such provision valid and enforceable. If such provision may not be so saved, it shall be severed and the remainder of this Agreement shall remain in full force and effect. (d) Modification. This Agreement may not be modified and/or amended unless any such modification or amendment is reduced to writing and signed by both Agency and CONTRACTOR. (e) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado and the federal laws of the United States applicable therein. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in applicable courts in the State of Colorado Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement expressly excludes that body of law applicable to choice of law, the Uniform Commercial Code and the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. (f) Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and which shall together constitute one Agreement. (g) Relationship. The parties are and shall at all times remain independent contractors in the performance of this Agreement and nothing herein shall be deemed to create a joint venture, partnership or agency relationship between the parties. Neither party will have the power to bind the other party or to contract in the name of or create any liability against the other party in any way for any purpose. Neither party will be responsible for the acts or defaults of the other party or of those for whom the other party is law responsible. (h) Allocation of Risk. Agency acknowledges and agrees that the warranty disclaimer and limitation of liability contained in this Agreement are fundamental elements of the basis of the bargain between Contractor and Agency and set forth an allocation of risk reflected in the fees and payments due hereunder. DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 (i) Survival. The following sections and articles shall survive the termination or expiration of this Agreement: Sections 3-5, 7, 8, 10-12, and any other provisions which are required to ensure that the parties fully exercise their rights and obligations hereunder; unless and until waived expressly in writing by the party to whom they are the benefit. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed as of the Effective Date. Eagle County, State of Colorado by and Executive Information Services, Inc. Through its County Manager By: By: ___________________________________ Name: Name: Title: Title: Date: ____________________________ Date: __________________________________ DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 Executive Vice President Jeff Pugh 1/12/2021 Jeff Shroll 1/12/2021 County Manager Page 1 EXHIBIT “A” Executive Information Services, Inc. SCHEDULE OF SUPPORT SERVICES 1.0 SUPPORT SERVICES Executive Information Services, Inc. will provide Support Services (as that term is defined in Section 2.0) for licensed Software (as that term is defined in this Section 1.0) in accordance with the provisions of this document. GENERAL PROVISIONS. Standard Support Services only relate to EIS application software that is validly licensed by Agency pursuant to a Sales, Service and License Agreement that is in effect between Agency and EIS (the “Software”). Support Service plans do not cover computer hardware, operating systems, e- mail systems, networks, network operating systems, or other computer or network components whether or not they were provided by Contractor. Support Services do include limited diagnostic services and coordination with hardware support vendors, communications vendors, E911 vendors, radio console vendors, and other involved third parties. All charges by third parties for system software licenses, cabling, hardware components, etc. are the responsibility of the Agency. SUSPENDED SERVICE. Contractor will suspend Support Services on any Agency with an outstanding invoice more than 90 days in arrears. If Agency’s Support Services are suspended due to the forgoing, it may have Support Services reinstated by paying all back-due service fees, the annual support fee for the current period, and the then-current reinstatement fee. In the event that Agency terminates this Agreement or elects not to renew this Agreement and allows Support Services to lapse, in order to reinstate Support Services, Agency will be required to enter into a new Support Services Agreement and will be required to pay all back-due Support Fees that would otherwise be applicable to the lapsed period in addition to the then current Support Fees for the new term. COMPANY QUALIFICATIONS. Contractor has and will maintain the personnel, experience and knowledge necessary to qualify Contractor to perform the duties under this agreement. DOJ COMPLIANCY. Contractor support personnel have undergone background checks. Agencies that require a CJIS vendor contract or need to maintain additional validation related to Contractor support personnel should contact EIS Support. 2.0 LISTING OF SERVICES EIS provides the following software and technical support services and reserves the right to change or modify the services at any time and upon 45 days’ notice to Agency (the “Support Services”). EIS will use commercially reasonable efforts to provide solutions for any problem or issue reported and determined to be in the EIS Software or documentation. While it is EIS’s goal to provide an acceptable resolution for all incoming service requests, EIS cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved. DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 Page 2 EIS personnel, when accessing Agency’s network through a remote access connection and when providing on-site Support Services, shall comply with the company regulations provided to EIS in advance regarding security, safety and professional conduct including but not limited to Agency’s 3rd Party Remote Access Policy. 1. Telephone Technical Support—Agency has access to EIS qualified technical and applications support personnel via the Call Center number listed herein. EIS will use reasonable efforts to resolve any query relating to EIS licensed Software or its use or operation by Agency. 2. Software Remediation—EIS will use its reasonable efforts to correct or circumvent any reported error in licensed Software in order to bring the Software into material conformance to the then current published documentation. 3. Diagnostic Services—Support Services include diagnostic services that may be reasonably required to correct reproducible errors or malfunctions in the licensed Software. EIS will also work closely with Agency personnel where necessary to coordinate repair efforts with other vendors or in-house technicians. 4. Interface Maintenance—Support Services on State Interface Gateways includes programming modifications mandated by State Agencies and agreed to by EIS in writing. New state switches requiring new gateways and completely different protocols or message formats may be subject to additional charges. Due to variability, changes to E-9-1-1 interfaces may be subject to additional charges. All other third party interface support is subject to additional charges. 5. System Notification Service—Periodically EIS releases electronic bulletins or newsletters designed to alert users to potential problems with EIS systems, virus threats, or provide best use recommendations. 6. General Systems Consulting—EIS provides limited consulting services when related to EIS products and product use within the Agency. 7. Software Updates—“Updates” means any published changes, additions or corrections to the Software that primarily include a minor modification or enhancement to the Software related to a bug fix, minor additional functionality that EIS makes generally available to its customers as part of its Support Services. Minor Updates are included in standard service plans. Minor Updates are normally provided via remote support facilities and do not involve on-site visits. Additional service packs or updates may be applied depending on individual agency circumstances. “Upgrades” means a major overhaul of the Software which is a complete new published version of the Software that modifies, revises or alters the Software and adds features, functionality or enhancements to such Software, that require significant database changes, data conversions, re- installation of software systems, or extensive operator training, that EIS makes generally available to its customers and are subject to additional charges. In the event the Upgrade requires data conversion, the Agency will not be charged for such conversion. Charges for major Upgrades depend on the scope of the changes, size of the agency, required days on site, and other factors related to implementation costs. Updates are scheduled with Agency on a case by case basis and Agency has the option to accept DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 Page 3 or decline any update provided that EIS shall no longer be obligated to perform certain obligations as further described herein or in the EIS Sales, Service and License Agreement in the event that the Agency has failed to install any update. Due to variables in scheduled feature sets and program development, no guarantees of releases or release dates for any software are made. When Updates are anticipated, Agency will be provided the release notes corresponding to the Update. 8. Documentation Updates—Updated documentation for every release, Update or change to the system will be provided embedded within the application Software as part of the distribution software. REMOTE ACCESS SUPPORT Support Services are normally provided via a remote access connection to the Agency. EIS will comply with the Agency’s 3rd Party Remote Access Policy when providing remote access support. ON-SITE SUPPORT At its own discretion, EIS will provide on-site support, if required. This is usually reserved for critical failures that render the system inoperable or seriously degrade system performance. Response time is dependent on distance, severity of the errors, and other factors and is coordinated with the designated Agency project manager. 3.0 SERVICE REQUESTS A Service Request (SR) may be filed by Agency for any operational problem or Software error. An error is any reported malfunction or other defect in the EIS licensed Software that can be reproduced by EIS and that constitutes a non-conformity from the product documentation provided by EIS to Customer under the Sales, License and Services Agreement. Regardless of how submitted, all Service Requests are documented in an on-line database at the EIS customer support WEB site along with remedial actions and other pertinent data. SERVICE REQUEST SUBMISSION Service Requests can be submitted by any means convenient to Agency; phone, fax, e-mail, or WEB. Critical high priority service requiring immediate assistance should be submitted by phone to the EIS Call Center. This is available 24 x 7. We request after hours calls be limited to emergency, priority 1 calls. Unless restricted by Agency, EIS will accept routine and emergency calls from any Agency personnel. Contact numbers and addresses are: Mailing Address: Executive Information Services, Inc. 1396 NE 20th Avenue, Suite 100 Ocala, FL 34470 Call Center: (208) 580-0400 Fax Number: (209) 370-9921 DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 Page 4 WEB Site Address: www.goeis.net Support Portal: www.portal.goeis.net E-Mail Address: support@goeis.net Automatic Problem Report: support@goeis.net SUBMISSION GUIDELINES 1. Critical issues should be reported by telephone to the EIS Call Center (208) 580-0400 2. Issues and service requests can be submitted by any of the following. a. Contact the EIS Call Center by telephone at the above number. b. Send an e-mail with pertinent details on the issue to support@goeis.net. This will create an automatic service request in our system and notify support technicians. You will be provided details by return e-mail and your issue will be reviewed within 24 hours. c. Log onto our support WEB site and submit the issue. 3. In all cases, the following details should be provided. a. Full contact information including your name, your agency, contact phone number and e-mail address. b. The particular program or product that is causing the issue. c. All details you have on the issue. d. Date/time the issue occurred e. Workstation/Server where the issue occurred f. Symptoms of the problem. What error message displayed. g. Did the problem occur once or often? Is the problem erratic or consistent? Can the problem be duplicated and if so, what are the steps to duplicate it. h. Enclose a screen shot if possible. 4. An automated system response is sent to the originator and designated Agency contacts when the service request is created in the system and whenever key details on the service request change in the system. 5. An agency can check their service request status at any time at the EIS Service Request portal above. SERVICE LEVEL RESPONSE Each Service Request is assigned a priority based on its severity and disruption to the Agency. EIS has set the following priorities guidelines. DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 Page 5 Priority Level Description Processing 1 Critical A major system or sub-system has failed and become inoperable. For example a CAD has failed. Agency cannot perform a critical job function. Agency has initiated support request via direct telephone to EIS support desk. Service is continuous. If the issue cannot be resolved by the answering technician, then escalation is immediate. Response time will vary from immediate to within several hours, but will not be longer than 4 hours 2 High A major component or sub-system has failed. For example a state interface has failed and is seriously degrading the CAD system. Agency job function is degraded or limited. Agency has initiated support request via direct telephone to EIS support desk. Service is determined by the nature of the problem and consultation with the Agency. The problem is given priority support and may be escalated as necessary. 3 Medium A processing error has occurred or there is an error in processing. For example a data field is not saving in a report, a report has incorrect totals, etc. Agency experiences intermittent problem or minor degradation. Service is routine. Escalation depends on circumstances. Program errors may be fixed by service packs, delayed to regular releases, or work- arounds applied as necessary. 4 Low Low priority. Error in provided component causing operational function/feature to occasionally fail or cause minor inconvenience. Service is generally handled in the course of regular system updates. Will be addressed as soon as feasible for EIS 5 Enhancement Modification to the behavior of an existing feature, or the addition of a new feature/function or report at the request of the agency. Enhancement request is reviewed and slated for development as determined by the EIS software review team. Enhancements are provided in the course of regular system updates. No commitment of delivery by EIS unless contractually stated. SERVICE REQUEST ASSIGNMENT Each service request submitted is assigned to an EIS support technician that has responsibility for resolving the issue, keeping the Agency notified of progress on the issue, and ultimately resolving and closing the issue. The assigned person is provided in an automatic response to the requestor and is available on the support WEB portal. You may contact the assigned person at any time for an update on the status of the Service Request, to update priority, or to discuss additional details on the issue. SERVICE REQUEST STATUS Each Service Request is assigned a status. Status codes are: OPEN The SR is actively being worked on by EIS COMPLETE EIS has completed all work on the SR and is waiting authorization to close it. CLOSED The SR is no longer active in the system. Closed SR’s are no longer tracked by EIS. ESCALATION EIS has designated a group of senior technical and programming resources that are available for critical service requests that cannot be handled in the course of normal business. This team is notified immediately on all priority 1 service requests and notified when appropriate on other critical issues. EIS management reviews all escalated and priority 1 critical service requests on a weekly basis. DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 Page 6 CLOSING SERVICE REQUEST Service requests are closed based on consultation with Agency. A completed service request has it status changed to COMPLETE by EIS pending consultation and review for closure. An EIS representative will review the case with the originator or with a designated Agency contact before closing the support request. This may be by e-mail or phone as is most convenient. If a timely contact cannot be established for review, EIS will close the request. An automatic system response is sent to the originator and all designated Agency contacts when a service request is closed. PRODUCTION SYSTEM Standard Support Services and escalation apply to Agency production systems. Licensed EIS Software on test, training, development, or other non-production systems receives a medium level response and is scheduled in consultation with the Agency. EXCLUSIONS 1. EIS assumes no responsibility for computer hardware or third party software including operating systems, communications circuits, electronic mail systems, overall network performance, user profiles, and other network management functions. 2. Data backup and integrity checking is the responsibility of Agency. 3. Virus protection, system intrusions, security breaches, and malware protection are the responsibility of Agency. 4. Table maintenance, including offense code tables, are the responsibility of Agency. EIS provides utility and maintenance programs that facilitate this. 5. Access Control and security setup for agency users is the responsibility of Agency. EIS provides utility programs that facilitate this. 6. Errors caused by mis-use, use on inadequate or out of date hardware or operating system software. Errors caused by conflicts with other third party or Agency provided software. 7. New custom reports or report modifications are not included in standard Support Services. 8. If required, EIS may provide release notes, on-line tutorials or other training on new features or operational problems under the Support Services Agreement. Full training for new users or general training for Agency that requires on-site services is not included in the standard Support Services. DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 Page 7 9. EIS shall not be required to provide Support Services for any non-current versions of the Software or for errors or deficiencies in the Software for which an Update has been provided to AGENCY that AGENCY elected not to accept and install. ENHANCEMENT REQUESTS Requested system enhancements, including new report requests, are considered for inclusion in EIS products at EIS’s sole option. No guarantee of implementation is made and no timeframes are provided for any requested enhancements. Enhancements and product content and feature sets are at the sole discretion of EIS. Custom feature requests are not included in standard support plans. Any feedback, ideas, and suggestions for enhancements to EIS Software that Agency submits will become the property of EIS. EIS may use this information for any EIS business purposes, without restriction, including for product support, development, for sale, license or other transfer to third parties without any obligation to Agency. 4.0 AGENCY RESPONSIBILITIES The level of service EIS can provide is dependent upon the cooperation of the Agency and the quantity of information that the Agency can provide. If the Agency cannot reproduce a problem or if the Agency cannot successfully gather adequate troubleshooting information, EIS may not be able to ultimately resolve the problem. Careful submission of service requests is an important Agency responsibility. FACILITY, SYSTEM AND DATA ACCESS In order to provide Agency with technical support, EIS may need to remotely access Agency computing environment. This access is for diagnostic, backup, or data recovery purposes only. Access methods and procedures are worked out with each customer individually. As part of Support Services, EIS may be given access to your data and may temporarily copy all or parts of databases from your systems. Data is not permanently retained and is destroyed when no longer required for diagnostics. Agency is notified of any data access in advance. If on-site services are required, EIS will require access to facilities and equipment on-site. Agency represents and warrants to EIS that Agency has obtained all necessary rights and consents from the owners of any data to provide such data to EIS for use by EIS in accordance with this Agreement. EIS shall comply with Agency’s 3rd Party Remote Access policy. CUSTOMER CONTACTS A primary Agency contact is required on each agreement to obtain Support Services from EIS. Up to three additional Agency contacts can be provided to EIS. Agency contacts are sent all notifications on any service requests submitted by the agency and receive all EIS electronic notifications and communications. DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 Page 8 Agency Information Agency: Eagle County Government Address: Eagle County Sheriff's Office PO Box 359 Eagle, CO 81631 With Copy to: Eagle County Colorado Eagle County Attorney’s Office PO Box 5482 Eagle, CO 81631 Main Phone: ______________ ___________________ Primary Contact: ______Greg Van Wyk, CJM___________________ Title: _______Captain- Detention Division____________ Phone: (970) 328-8564 Extension____________ E-Mail _________gregory.vanwyk@eaglecounty.us _____ Additional Contact: _____Kevin Kromer______ ___________________ Title: __________________________________________ Phone: (_970_) 376-7037_ Extension___________ E-Mail ____ kevin.kromer@eaglecounty.us ____________ Additional Contact: __________________________________________ Title: __________________________________________ Phone: (_____) ______________ Extension____________ E-Mail __________________________________________ Additional Contact: __________________________________________ Title: __________________________________________ Phone: (_____) ______________ Extension____________ E-Mail __________________________________________ DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676 Page 9 Support System Notification List Name Title E-Mail Phone _____________ __________ ______________ ______________________ ___________________ _______________________ ______________ ______________________ ___________________ _______________________ ______________ ______________________ ___________________ _______________________ ______________ ______________________ ___________________ _______________________ ______________ ______________________ ___________________ _______________________ ______________ ______________________ ___________________ _______________________ ______________ ______________________ ___________________ _______________________ ______________ ______________________ ___________________ _______________________ ______________ ______________________ ___________________ Please return this information to: Executive Information Services, Inc. 1396 NE 20th Avenue, Suite 100 Ocala, FL 34470 support@goeis.net FAX: (209) 370-9921 DocuSign Envelope ID: BFA45C02-78A4-4B88-9E51-E9D34A831676