HomeMy WebLinkAboutAgreement A-14-718-1 with Airbus DS Communications Inc..pdf Agreement No. 14-718-1
1 FIRST AMENDMENT TO AGREEMENT
2 THIS FIRST AMENDMENT TO AGREEMENT ("First Amendment") is made and entered into this
3 5th day of April , 2016, by and between the COUNTY OF FRESNO, a political subdivision
4 of the State of California, hereinafter referred to as "COUNTY", and AirBus DS Communications, Inc.,
5 whose address is 42505 Rio Nedo, P.O. Box 9007, Temecula, CA 92590, hereinafter referred to as
6 "CONTRACTOR".
7 RECITALS
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 14-718, dated December
9 16, 2014 (hereinafter "Agreement'), for the continued maintenance and support of the Communicator
10 NXT, GeoCAST, HC Mass Call, HC Mass DataSync system, (hereinafter "COMM/NXT); and
11 WHEREAS, COUNTY and CONTRACTOR now desire to further amend the Agreement to
12 purchase an upgrade to the COMMNXT and Vesta systems (formerly GeoCAST), maintenance and
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13 support, and to increase the total compensation accordingly.
14 NOW, THEREFORE, the COUNTY and CONTRACTOR agree to amend the Agreement as
15 follows.
16 1 The entirety of Section VII. COMPENSATION/INVOICING of the Agreement, beginning
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17 on page 16, line 19 and ending on page 17, line 27, is deleted and replaced with the following:
18 "VII. COMPENSATION/INVOICING
19 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation as
20 follows_.
21 A. ANNUAL MAINTENANCE AND SUPPORT FEES
22 1. Comm unicatorNesta Alert $7,369.00
23 2. Mass Call—Hosted $5,000.00
24 3. DataSync $3,500.00
25 4. Total Annual Maintenance and Support Fees $15,869.00
26 B. ONE TIME FEES FOR UPGRADE (SIP) AND VESTA Alert
27 1. NXT Upgrade $0.00
28 2. Upgrade GeoCast to Vesta Alert $9,000.00
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1 3. GeoCast Conversion $325.00
2 4. Project Management, Installation, Configuration, and Training $10,200 00
3 5, Vesta Alert Training $1,000.00
4 6. 36 SIP Post Migration $3,600.00
5 7. NXT SIP BNDL HMP G.711 $2,736.00
6 8. Shipping $82.00
7 9. Total Additional One Time License Fees $ 26,943.00
8 C..ADDITIONAL LICENSE/SERVICES FEES
9 1. On-site System training/day $1,800.00
10 2. Regular Hours (M-F, 8am-5pm CST, excluding holidays) S 225.00
11 3. Outside of Regular Hours S 450.00
12 4. SMS Messaging 50,000 $4,000.00
13 5. SMS Messaging 100,000 $6,000.00
14 Additional License/Services Fees shall only be paid to CONTRACTOR if any such services set
15 forth hereinabove are performed by CONTRACTOR upon COUNTY's written request. In no event
16 shall Additional License/Services Fees exceed $20,000 per year for each one year period of this
17 Agreement.
18 D.ONE TIME UPGRADE FEES PAYMENT SCHEDULE
19 1. 50% of ONE TIME FEES FOR UPGRADING upon signing.
20 2. 50% ONE TIME FEES FOR UPGRADING upon installation.
21 E.FEE CHANGES
22 CONTRACTOR may increase Annual Maintenance and Support fees, including Additional
23 License/Services Fees upon thirty (30) days' advance written notice to COUNTY provided that
24 CONTRACTOR shall not increase such fees more than once in any one year period, and provided
25 further that each increase will not exceed the previous fees 3.25% per year
26 F.TOTAL CONTRACT AMOUNT
27 In no event shall services performed under this Agreement be in excess of $212,000 during
28 the entire potential five year term of this Agreement. It is understood that all expenses incidental
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1 to CONTRACTOR'S performance of services under this Agreement shall be borne by
2 CONTRACTOR.
3 G..INVOICING
4 CONTRACTOR shall submit invoices, either via U.S mail, to the County of Fresno ITSD,
5 Accounts Payable, 2048 Fine Avenue, Fresno, CA 93727, or electronically to Accounts
6 Payable (ISDBusinessOffice(a)-co.fresno.ca.us). COUNTY will pay CONTRACTOR within
7 forty-five (45) days of receipt of a proper invoice, by mail addressed to CONTRACTOR's
8 remittance address: 42505 Rio Nedo, P.O. Box 9007, Temecula, CA 92590."
9 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the
10 Agreement, and that upon execution of this First Amendment, the Agreement and this First Amendment
11 shall together be considered the Agreement.
12 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, covenants,
13 conditions, and promises contained in the Agreement and not amended herein shall remain in full force
14 and effect.
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1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the day
2 and year first hereinabove written.
3 CONTRACTOR COUNTY OF FRESNO
4
- r' �►--". - jar _�'_ _'� _-== .
Legal sel - Chairman, Board of Supe
5 R hristiansen Ernest Budd Mendez
rvisors
6 AirBus DS Communications
42505 Rio Nedo
7 Temecula, CA 92590
8 DATE:
9 ATTEST.
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11 Bernice E. Seidel, Jerk
Board of Supervisors
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14 REVIEWED & RECOMMENDED FOR REVIEWED & RE MMENDED FOR
15 APPROVAL APPROVAL
16 --�' 'v' .
17 Robert W. Bash David Pomaville
Director of Internal Services/ _- ` Director- Department of Public Health
18 Chief Information Officer
19 APPROVED AS TO LEGAL FORM APPROVED AS TO ACCOUNTING FORM
20 Daniel C. Cederborg, County Counsel Vicki Crow, C.P.A.
Auditor-Controller/Treasurer-Tax Collector
21 ..
22 By
23 FOR ACCOUNTING USE ONLY.
24 ORG No.: 56208550
25 Account NO./FUnd: 7309/0001/10000
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