HomeMy WebLinkAboutC04-063 Legacy Communications14MV FIRST AMENDMENT TO AGREEMENT FOR SERVICE AND SUPPORT OF THE EAGLE COUNTY 800 MHz SMARTZONE COMMUNICATIONS SYSTEM BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND LEGACY COMMUNICATIONS, INC. THIS First Amendment is made and entered into this __§� day of 2004 between the Board of County Commissioners, County of Eagle, State of Colorado, er.;nafter referred to as "County") and Legacy Communications, Inc. (hereinafter referred to as "Lelacy"). County and Legacy entered into an Agreement dated January 1, 2004 ("Original Agreement") for the professional repair and maintenance of the County's 800 MHz Smartzone Communications System. County and Legacy now desire to extend the Scope of the Work under the Original Agreement to include annual preventative maintenance on all portable, mobile, base station and console equipment. In consideration of the terms and conditions of the Original Agreement, the sufficiency of which is hereby acknowledged, and the additional payment as set forth herein, County and Legacy agree that the sections of the Original Agreement identified hereunder shall be amended by the addition of the following language: 1. Scope of Work. In addition to the Scope of=Work identified in Article 1 of the Original Agreement, Legacy shall perform that work as more fully set forth in Addendum "A," attached to this Amendment and fully incorporated herein by this reference. Such work shall be hereinafter referred to as "Additional Work." 3. Compensation and Payment. In addition to the compensation identified in Article 3 of the Original Agreement, County agrees to pay Legacy for the Additional Work an amount of $7,141.50 a month in accordance with the terms, conditions, and variables contained in Addendum "A" for the duration of the Original Agreement. The additional funds set forth in this First Amendment have been budgeted and appropriated by Eagle County in accordance with the provisions of the Colorado Revised Statutes. County and Legacy agree that, except as expressly altered, modified and changed in this First 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. If any conflict exists between the provisions of this First Amendment and the Original Agreement, the provisions of this First Amendment shall control. . --.- � � -. - �. s.nxrara-� s r.�r ��V.rasvrtssrr^-y_�:�T.:>:-:.�.:.aex.:La4xS•'ISGT::1��"'�stL'�^..1CL::LxT��._�_::.S:.T.: �:�+�:�....t�t3:.��-�r_w'r-'S-'.4.^-c�Y.��Gs: r_ ..e 4 This First Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties have executed this First Amendment on the day and year first above written. EAGLE COUNTY: ATTEST: C UNTY OF EAGLE, STATE OF COLORADO m / and Through its BOARD OF COUNTY Teak Simonton / Tom Clerk to the Board of County Commissioenrs LEGACY COMMUNICATIONS, INC.: STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2004, by Witness my hand and official seal. My commission expires: GABRYAMmis6legacy ammdmmt.DOC Notary Public 2 Addendum "A" Subscriber Maintenance The County shall pay Legacy $ 7,141.50 monthly for Motorola Depot repair service. This calculation is based upon 1058 units currently in the Eagle County Radio database. This price is variable and will move based on changes in the quantity of Subscriber units. Any changes will be agreed to by both Legacy and the County's representative before invoicing. The scope of this agreement includes: Annual preventative maintenance (PM) on all portable, mobile, base station and console equipment. The purpose of the PMs is to proactively insure that all radios are performing at their optimal level and are within Motorola service specifications. Corrective measures will be taken as need to insure equipment performance. Legacy will attempt to repair all minor equipment issues onsite. If Legacy is unable to perform simple repairs then Legacy will ship the effected equipment to the Motorola Depot for repairs. Legacy'agrees to ship out all malfunctioning equipment within two business days of their receiving it. Legacy will contract with the Motorola Depot for five day turn around service. Both parties understand that this is a third party agreement and at times service levels will depend on Motorola parts inventory. This agreement will include all parts, labor, and shipping cost and will insure a repair or replacement of *the defective equipment. The County understands- that any equipment that is defective do to physical abuse or neglect will be void for this agreement. Li5_ §I U i ION O P[waa- io. I. Contract Book 2. Wc (o 4. C_mtes�r I. Acc untir:^