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HomeMy WebLinkAbout27798DATE: 2/27/15 Contract No.: Contract Title: Contract Period: Using Agencies: Terms: Total Contract Amt.: Buyer Name: P-13-426-N Automated Staff Scheduling System 7/16/2013 -7/24/2016 Probation $89,696.03 Gary Cornuelle Requisition No: _3_43_1_5_00_3_5_1 _______ _ DNEW ~...._.. _ _,1 RENEWAL D TICKDATE lx DESCRIPTION: Automated Staff Scheduling System Software Vendor Number: Name/Address: Representative: Phone No.: Email: Org: 343oosoo Supersedes: I ADJUSTMENT 0000274866 Kronos Inc. 297 Billerica Road Chelmsford, MA 01824 John O'Brien (800) 225-1561 .__ ..... I REFERENCE Amendment Number One (1) to establish expire date of July 24, 2016 and increase the contract amount to $89,696.03 SPECIAL INSTRUCTIONS: DISTRIBUTION: Completed By: Date: Completed By: Date DEPARTMENT: Probation Purch Notif X ___ _ REQUISITIONER: Karen Rau X ---- Greg Reinke X ---- 1 2 FIRST AMENDMENT TO AGREEMENT 3 THIS FIRST AMENDMENT TO AGREEMENT P-13-426-N (hereinafter "First Amendment") 4 is made and entered into this _.dj day of ~~ , 2015, by and between the COUNTY OF 5 FRESNO, a political subdivision of the State of California, hereinafter referred to as "COUNTY," 6 and KRONOS INCORPORATED, a Massachusetts Corporation, whose address is 297 Billerica 7 Road, Chelmsford, MA 01824, hereinafter referred to as "CONTRACTOR." 8 WITNESSETH 9 WHEREAS, COUNTY and CONTRACTOR entered into Agreement P-13-426-N, dated 10 July 16, 2013 (hereinafter "Agreement"), pursuant to which CONTRACTOR agreed to provide an 11 automated staff scheduling system designed for use by public safety agencies for use at its 12 Juvenile Justice Campus ("JJC"); 13 WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement to add 14 compensation for potential project changes to the automated staff scheduling system made via 15 Change Order(s) requested by the Chief Probation Officer or his designee; and 16 WHEREAS, an exact termination date to be based on the last day of the third year of 17 Platinum Support Service was unknown at the time of execution of the Agreement, and the 18 COUNTY and CONTRACTOR now desire to amend the term to reflect that date. 19 NOW, THEREFORE, COUNTY and CONTRACTOR agree as follows: 20 1. Section 11. "TERM" of the Agreement , located on page 1 0 is deleted in its entirety 21 and replaced with the following: 22 23 24 25 2. "11. TERM This Agreement shall become effective on July 16, 2013 and shall terminate on July 24, 2016, the last day of Platinum Support Service." Section 13. "COMPENSATION/INVOICING" of the Agreement, located on page 12 26 is deleted in its entirety and replaced with the following: 27 28 "13. COMPENSATION/INVOICING COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 receive compensation as follows: CONTRACTOR will provide COUNTY with 360 users licenses for TeleStaff Enterprise V2 and 360 user licenses for TeleStaffWeb Access V2-TSF Hosted Software for the amount of $34,880.00; a 4-Port Dongle for $900.00 plus $74.03 in Fresno County sales tax and $23.00 in freight charges; Platinum Support Service for one (1) year at no charge and at a maximum of $8,720.00 annually for the two subsequent twelve (12) month periods; Web Access Support Service for one (1) year at no charge and at a maximum of $4,883.00 annually for the two subsequent twelve (12) month periods; Professional Services- Base Deployment of TeleStaff at a maximum of $10,688.00 payable in three separate invoices to occur after milestones as follows-Thirty-Five (35) percent upon Project Manager assignment, Thirty-Five (35) percent upon Deployment Configuration, and Thirty (30) percent upon completion of deployment; Professional Services-Advanced Configuration of TeleStaff at a maximum of $9,750.00 payable in three separate invoices to occur after milestones as follows-Thirty-Five (35) percent upon Project Manager assignment, Thirty-Five (35) percent upon Advanced Configuration Training, and Thirty (30) percent upon completion of Advanced Configuration (See Exhibit C for items to be completed during each milestone for both the Base Deployment and the Advanced Configuration of TeleStaff); Travel costs for five (5) days training in Fresno County not to exceed $1, 175.00; project changes made via Change Orders requested and approved by the Chief Probation Officer or his designee shall be charged at an hourly rate in accordance with the Change Order Process set forth in Exhibit D of the Agreement. In no event shall the total amount of Change Order expenditures exceed $5,000 for the entire term of this Agreement. In no event shall payments to CONTRACTOR for all services rendered under this Agreement be in excess of $89,696.03. It is understood that all expenses incidental to CONTRACTOR's performance of services under this Agreement shall be borne by CONTRACTOR. -2- 1 CONTRACTOR shall submit invoices to the County of Fresno, Probation 2 Department, at 3333 E. American Avenue, Suite B, Fresno, CA 93725, Attention: 3 Business Office or via e-mail at Probationlnvoices@co.fresno.ca.us. Payments by 4 COUNTY shall be made within forty-five (45) days after receipt of CONTRACTOR's 5 properly completed invoices." 6 COUNTY and CONTRACTOR agree that this First Amendment is sufficient to amend the 7 Agreement and, that upon execution of this First Amendment, the Agreement and this First 8 Amendment together shall be considered the Agreement. 9 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 1 0 covenants, conditions and promises contained in the Agreement and not amended herein shall 11 remain in full force and effect. 12 Ill 13 Ill 14 /II 15 /II 16 /II 17 /II 18 /II 19 /II 20 /II 21 /II 22 Ill 23 Ill 24 /II 25 Ill 26 /II 27 /II 28 /II -3- 1 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the 2 day and year first hereinabove1ritten. 3 CONTR~R --::A ···;;~ I ()/,.\; ~ I ,<~\.. 4 I / 177/ I l Ll-~·---~ ·~=·-- 5 -T 1Autrrorized Signatuife) 6 lt--:--:----=:-:=-G:----=--\:-::--~-=T=u'7'-:-:-/ -/-=-:-/ ~- John O'Brien, Sr. Vice Rresident, Global Sales 7 1 ~K~ro~n~os~l~n_co_rp~o_ra_t~ed __________________ ___ 297 Billerica Road 8 Chelmsford, MA 01824 ~~~--~~------------------------ 9 10 11 12 13 Mailing Address DATE: 14 APPROVED AS TO LEGAL FORM 15 1~-Q~~i·~~~~A~~~~-s~~,Uh~~~~-~b~6B~a··r~v~--­ C~yCounsel 16 I,J 17 FOR ACCOUNTING USE ONLY: 18 ORG No.: 19 20 21 22 23 24 25 26 27 28 Account No.: 34300600 7295 Purchasing Manager -4-