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Home My WebLink AboutAgreement A-17-130-1 with Kronos Incorporated.pdf1 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 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT (hereinafter "Amendment") is made and entered into this _day of ____ , 2020, by and between COUNTY OF FRESNO, a Political Subdivision of the State of California, Fresno, California (hereinafter "COUNTY"), and KRONOS INCORPORATED, a Massachusetts Corporation, whose address is 900 Chelmsford Street, Lowell, MA 01851, (hereinafter "CONTRACTOR"). WITNESSETH: WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 17-130, dated, April 25, 2017 (hereinafter "Agreement"), pursuant to which CONTRACTOR agreed to provide TeleStaff Software Support Services for County-owned licenses as well as provide additional licenses and Support Services for these additional licenses as requested to COUNTY; and WHEREAS, COUNTY and CONTRACTOR now desire to amend the Agreement in order to add the Order Form to the Agreement attached hereto as Exhibit A and to add the Workforce TeleStaff Bidding V7 .1 + software module to the list of CONTRACTOR-provided software, add Platinum Support Service for Workforce TeleStaff Bidding V7.1 software module to the list of CONTRACTOR-provided software support services, and add twenty-four (24) hours of Solution Consultant services and four (4) hours of Project Manager services to the list of CONTRACTOR's obligations. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 1. The Order Form attached hereto as Exhibit A shall be attached to the Agreement as Exhibit C-1 and incorporated therein. 2. Section 1. A. OBLIGATIONS OF CONTRACTOR of the Agreement, located on page 1 lines 21 through 26, is deleted in its entirety and replaced with the following: "1. OBLIGATIONS OF CONTRACTOR A. CONTRACTOR shall provide Platinum Support Service for the -1 -15thDecemberAgreement No. 17-130-1 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 TeleStaff Software that COUNTY currently is licensed to use (i.e., for the 1, 175 licenses to TeleStaff Enterprise v5, TeleStaff Global Access v5, and TeleStaff Contract Manager v5; and the one license to TeleStaff Gateway Manager v5 COUNTY previously obtained), as well as 50 Workforce TeleStaff Enterprise v5, Telestaff Global Access v5 and TeleStaff Contract Manager v5 licenses; CONTRACTOR shall also provide Platinum Support Service for a total of 1,325 licenses to Workforce TeleStaff Bidding versions V7.1. pursuant to Exhibit A; CONTRACTOR shall provide Professional Services / Educational services necessary to install the Workforce TeleStaff Bidding V7.1 + including configuration and testing of one (1) vacation auction, and configuration and testing of one (1) position auction utilizing a Solution Consultant for twenty-four (24) hours and Project Manager for four (4) hours; and" 3. Section 14 COMPENSATION/INVOICING of the Agreement, located on page 10, line 28, and on page 11, lines 1 through 21, is deleted in its entirety and replaced with the following: "14. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive compensation as follows: CONTRACTOR will provide COUNTY with the fifty (50) licenses to the Workforce TeleStaff products described in Section 1.8. above for the not to exceed amount of Five Thousand Four Hundred Twenty Five Dollars ($5,425) and one year of the Platinum Support Service for these fifty (50) additional licenses described in Section 1.8. above for the not to exceed of One Thousand Three Hundred Fifty Six Dollars and Twenty Five Cents ($1,356.25). CONTRACTOR will provide COUNTY with one year of Platinum Support Services for COUNTY's existing 1, 175 licenses for the not to exceed amount of Thirty-Eight Thousand Ninety-Four Dollars and Fifty-Five Cents ($38,094.55). CONTRACTOR will provide COUNTY with the one thousand three hundred and twenty five (1325) licenses of the Workforce TeleStaff Bidding product as described in Section 1.8 above for the not to exceed amount of Forty One Thousand Seventy Five Dollars ($41,075.00), twelve (12) months of Platinum Support Services to support 1,325 licenses of Workforce TeleStaff Bidding V7.1 + module for the not to exceed -2- 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 amount of Ten Thousand Two Hundred Sixty Eight Dollars and Seventy Five cents ($10,268.75), and the Professional Services/ Educational Services as described in Section 1.B above for Five Thousand Forty Dollars ($5,040.00). CONTRACTOR will provide COUNTY with additional licenses to the Workforce TeleStaff products and Platinum Support Services for such additional licenses, purchased by COUNTY pursuant to Section 1.C. of this Agreement, pursuant to the costs set forth in the Kronos order form executed by COUNTY at the time of purchase. In no event shall payments made by COUNTY to CONTRACTOR for products and services rendered under this Agreement be in excess of Three Hundred Fifty-Three Thousand Seven Hundred Seven Dollars and Sixty-Eight Cents ($353,707.68) during the term of this Agreement, including the potential two (2) year extensions. It is understood that all expenses incidental to CONTRACTOR's performance of services under this Agreement shall be borne by CONTRACTOR. CONTRACTOR shall submit invoices to the County of Fresno, Sheriff-Coroner's Office, at 2200 Fresno Street, Fresno, CA 93721, Attention: Business Office. Payments by COUNTY shall be made within forty-five (45) days after receipt of CONTRACTOR's properly completed invoices." 4. COUNTY and CONTRACTOR agree that this Amendment is sufficient to amend the Agreement and, that upon execution of this Amendment, the Agreement and this Amendmenttogether shall be considered the Agreement. 5. The Agreement, as hereby amended, is ratified and continued. All provisions, terms, covenants, conditions and promises contained in the Agreement and not amended herein shall remain in full force and effect. 6. This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment, binding on the parties according to its terms and conditions. II II - 3 - 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 EXECUTED AND EFFECTIVE as of the date first above set forth. CONTRACTOR Nicole Dandurant . ~ O,d~ Prneessiag An,lys< ~ Nov 4 2020 I :30 PM (Authorized Signa ure) Print Name & Title Mailing Address FOR ACCOUNTING USE ONLY: Fund :0001 Subclass: 10000 ORG : 3111-2425 Account: 7311 - 4 - COUNTY OF FRESNO Ernest Buddy Mendes, hairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California By: _d) __ p~fu,,._~·~~~e-pu__,...,.. ___ _ 1 Exhibit A 2 3 [Order Form is attached immediately hereafter] 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 - 5 - IKRON05 ORDER FORM Quote#: 660608 - 1 Expires: 21-JAN-2021 Sales Executive: Driscoll, Bryan E Bill To: FRESNO COUNTY SHERIFF 2200 FRESNO ST FRESNO CA 93721 United States Solution ID: 6104754 Payment Terms: N60 Currency: USO Customer PO Number: Order Notes: Ship To: Contact: Email: Ship To Phone: Order Type: Upgrade US Date: 29-OCT-2020 Page: 1/2 FRESNO COUNTY SHERIFF 2200 FRESNO ST FRESNO CA 93721 United States Teresa Burgamy Teresa.burgamy@fresnosheriff.org FOB: Shipping Point Ship Method: Freight Term: Prepay & Add This order is subject to the terms and conditions of the Agreement NO 17-130 between Kronos Inc and County of Fresno dated 4/25/2017 Teresa Burgamy Information Technology Analyst IV Fresno Sheritrs Office (559) 600-8103 Teresa.burgamy@fresnosheriff.org Your Kronos solution includes: SOFTWARE SUPPORT SERVICES 10,268.75 *Support values listed above are total for all applicable products in each section of this order form PROFESSIONAL SERVICES / EDUCATIONAL SERVICES ~m . . . ~-, ,-.,· '~uantity ~ ; ' -1[::~--'"---ui,iiprfcel"-:~-_, ' · -:·' · Total Price --------~--------~-~• -~•--------~~-~ ---------~-~---•L-----------TSG PROFESSIONAL SERVICES 28 Hours 5,040.00 Solution Consultant 24 Hours 180.00 Project Manager 4 Hours 180.00 Total Price 5,040.00 Kronos Incorporated 900 Chelmsford Street Lowell, MA 01851 +1 800 225 1561 www.kronos.com iKRON05 Quote#: 660608 - 1 Page: 2/2 QUOTE SUMMARY Subtotal 56,383.75 Deposit 0.00 Tax 0.00 ~G dT I , ,, -.--'-.-.-.-.-.-.--.-.• ~--~ ~ FRESNO COUNTY SHERIFF Kronos Incorporated Nicole Dandurant Signature: ______________ _ . Order Processing Analyst Signature~~~~ Nov 4 2020 I :36 PM Name: ------------------Name:----------------~ Title: Title: cosign -------------------Effective Date: ____________ _ Effective Date: ____________ _ Invoice amount will reflect deposit received. All professional services are billed as delivered with a payment term of Net Upon Receipt. Unless otherwise 'ndicated above, this order is subject to the attached terms and conditions which the customer acknowledges have been read. THIS ORDER IS SUBJECT TO APPLICABLE TAXES. THE TAX AMOUNT SHOWN ON THIS ORDER IS ONLY AN EST/MA TE. THE ACTUAL TAX AMOUNT TO BE PAID BY CUSTOMER WILL BE SHOWN ON CUSTOMER'S INVOICE. The JBoss® Enterprise Middleware components embedded in the Software are subject to the End User License Agreement found at http://www.redhat.com/licensesljboss_eu/a.html.Shipping and handling charges will be reflected on the final invoice. If ou are tax exempt; please provide a copy of your "Tax Exempt Certificate" with your signed quote. Kronos Incorporated 900 Chelmsford Street Lowell, MA 01851 +l 800 225 1561 www.kronos.com ■ Professiona I Services ork Order Opportunity ID: _S_R_V_CS_O_N_LY _______ _ Customer Name: Fresno Sheriff Department SID: 61047S4 Customer Contact: Teresa Burgamy Phone Number: 559-600-8103 -----------------------------------Email Address: Teresa.Burgamy@Fresnosheriff.org Currency: ______ U_S_D _____ _ Professional Services Objective/Outcome Deliverable • Deliverables to Fresno Sheriff Department include: • Configuration and Testing of One (1) Vacation Auction • Configuration and Testing of One (1) Position Auction Any additional time required to assist customer will be managed through a mutually agreed upon change order signed by both parties. B dget Professional Services Part# Billing Role Contract Type UOM Qty. Rate Total Price 9990057-PRO Solution Consultant Fixed Fee Hours 24 $180.00 $4,320.00 9990079-PRO Project Manager Fixed Fee Hours 4 $180.00 $720.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 I Total Professional Services $5,040.00 Sales Executive: Bryan Driscoll Create Date: 5/21/2020 Author: Expiration Date: 1/21/2021