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HomeMy WebLinkAboutC22-351 Modern Codecraft_second amendmentSECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND MODERN CODECRAFT, LLC THIS SECOND AMENDMENT (“Second Amendment”) is effective as of ________________ by and between Modern Codecraft, LLC a Colorado Limited Liability Company (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 21st day of October, 2021, for certain Services (the “Original Agreement”) (C21-351); and WHEREAS, the Original Agreement contemplated that the Consultant would perform certain Services with compensation in an amount not to exceed $36,000; and WHEREAS, County and Consultant entered into an amendment dated the 21st day of June, 2022, (the “First Amendment”) (C22-233) amending the Original Agreement rather than the Agreement signed on February 12, 2021 (C21-2021). WHEREAS, the County desires to have Consultant perform additional Services for additional compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the 20th day of October, 2022, and the parties desire to extend the term for an additional year. SECOND AMENDMENT 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 1, which is attached hereto and incorporated herein by reference. 2. The First Amendment is removed in its entirety and its terms will be added to an amendment to the February 12, 2021 (C21-2021) agreement. 3. The compensation for the additional Services set forth in Exhibit 1 shall not exceed $36,000 or a total maximum compensation under the Original Agreement and this Second Amendment of $72,000. 4. The term of the Original Agreement is hereby extended to the 20th day of October, 2023.          2 Eagle County Amend Term Scope Comp Final 4/28/2022 5. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. 6. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 7. 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 Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONSULTANT Josh Morris By: _____________________________________ Print Name: ______________________________ Title: ___________________________________                Exhibit 1 Scope of Work for Software Support Services for Eagle County Supported Products The services contemplated for this Scope of Work are providing ongoing support as set forth in this Scope of Work for the following products: භ Transit Hub භ Eagle County Public Website භ CBOE භ Airport Gate Scheduler භ Assessor Property Comparison Tool Support Costs - $36,000 annually Support services will be provided by Modern Codecraft at an amount set forth above. Support costs will occur on an annual basis invoiced to Eagle County on the effective date of the contract. This amount may be adjusted no more than once per year by written request by either party providing notice to the other and duly authorized in writing by both parties. Ɣ Modern Codecraft has granted permanent rights and administrative access to the Supported Products to Eagle County. Ɣ Using said provided administrative access, Eagle County personnel will maintain the information and configuration within the Supported Products and all of their ancillary components. Ɣ Eagle County will provide Tier One support answering all initial inquiries from users pertaining to the user experience and the information contained in the Supported Products and all of their ancillary components. Ɣ Modern Codecraft Support services include but are limited to functionality guidance, direction regarding application and or assistance with Eagle County’s configuration efforts, and general troubleshooting needs. Support services do not include any coding changes, regardless of whether they relate to functionality needs, bug fixes, security, or Google API changes, which would be provided either (1) under a separate scope of work agreed to by the parties or (2) in accordance with the provisions of Other Services described below. Ɣ In order to support Eagle County’s response to Tier One inquiries, Modern Codecraft will provide Tier Two support to Eagle County Monday through Friday between the hours of 9:00 AM and 5:00 PM, excluding Modern Codecraft holidays as follows: Christmas Eve through New Year’s Day, Independence Day, Labor Day, week of Thanksgiving.         ż Eagle County shall promptly notify Service Provider of Errors or other support request issues by either (1) sending a message to the Google Chat room provided by Modern Codecraft to Eagle County or (2) e-mailing support at support@moderncodecraft.com. Ŷ For issues that cause critical service disruption or degradation and which require correction to achieve full System functionality, Eagle County may elect to call the Modern Codecraft office at 720-984-4545. ż For Transit Hub, Eagle County Public Website, Airport Gate Scheduler, and Assessor Property Comparison Tool Ŷ Modern Codecraft shall acknowledge receipt of such notification (by e- mail, chat, or phone) within 8 normal business hours. Ŷ Modern Codecraft shall use reasonable commercial efforts to begin responding to Errors reported to it by Eagle County within 12 normal business hours. ż For CBOE Ŷ For the standard working days of the year excluding the last week of June through the first week of August (non-CBOE hearing season), Modern Codecraft's support response turnaround will be the same as detailed above for Transit Hub, Eagle County Public Website, Airport Gate Scheduler and Assessor Property Comparison Tool. Ŷ For the standard working days of the year limited to the last week of June through the first week of August (CBOE hearing season), Modern Codecraft's support response turnaround will be as follows: Ɣ Email/Chat Support ż Available during normal business hours. ż Acknowledge any issue reported within 2 business hours, will begin working the issue within 4 business hours. Ɣ Phone Support ż Direct phone access for system critical issues Other Services – provided on an hourly basis Modern Codecraft will provide design changes and structural changes materially changing the Supported Products and all of their ancillary components at the request of Eagle County on an ad hoc basis at a cost of one hundred fifty dollars ($150) per hour. If Modern Codecraft performs services for bug fixes or enhancements at Eagle County’s request and direction, Eagle County shall pay for such services at a cost of one hundred fifty dollars ($150) per hour.