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1st Amendment 08/21/2002 Clerk of die eircul coun Danny L. Kolhage Clerk of the Circuit Court Phone: (305) 292-3550 FAX: (305) 295-3663 e-mail: phancock@monroe-clerk.com Memnrandum TO: Louis Latorre, Director Social Services Division FROM: Pamela G. Haned- Deputy Clerk DATE: September 26, 2002 At the August 21,2002, Board of County Commissioners meeting the Board granted approval and authorized execution of Contract Amendment #1 between Monroe County and Trapeze Software Group, Inc. to add the Trapeze PASS-SUS software product to the license granted, dated March 19, 1997. Enclosed is a duplicate original of the above mentioned for your handling. Should you have any questions please feel free to contact our office. Cc: County Administrator w/o document County Attorney Finance File/ Client Ref Monroe County CONTRACT AMENDMENT #1 THIS AMENDMENT is made effective this.;>3 day of~~bo02 between: 1. Trapeze Software Group, Inc. with its place of business at 14400 North 87* Street, Suite 120, Scottsdale, Arizona, 85260, ("Trapeze"); and 2. Monroe County with its place of business at 1100 Simonton St., Key West, Florida, 33040 ("Licensee"). WHEREAS Trapeze and Licensee intend to amend the Software License Agreement dated March 19th, 1997, in order to add the Trapeze™ PASS-SUS software product to the license granted therein; NOW THEREFORE Trapeze and Licensee agree as follows: I. Definitions As used in this Contract Amendment # 1; "Agreemenf' means the Software License Agreement entered into between Trapeze and Licensee effectively dated March 19th, 1997 setting out the terms and conditions by which Trapeze, among other things, agreed to license, install and implement the TrapezeTM PASS-WIN Software as defined therein; All other capitalized terms shall have the same meaning as in the Agreement unless the context requires otherwise. 2. Amendment to A2reement (a) Add the following to paragraph 2: '---- "For the software set out in the "Exhibit A Amendment", attached hereto, Licensee shall pay to Trapeze a license fee, the amount of which is set out in the "Exhibit A Amendmenf'. Trapeze will invoice Licensee for services associated with such software (including installation, customization, training and additional services) and related expenses on a monthly basis for the services performed and expenses incurred during each month, in accordance with the Summary of Proposed Pricing dated June 17*,2002, attached hereto as Item #5 in Exhibit R" (b) Add the attached "Exhibit A Amendmenf' to the original Exhibit A set out in the Agreement. (c) Add the attached Summary of Proposed Pricing dated June 17*, 2002 as Item #5 to the original Exhibit B set out in the Agreement. (d) All remaining terms conditions, and covenants of the Agreement remain unchanged. Monroe County Contract Amendment # I TRAPEZE CONFIDENTIAL Page 1 od Client Ref Monroe County IN WITNESS WHEREOF, the parties have caused this Contract Amendment #1 to be signed by their duly authorized representatives as of the date above. TRAPEZE SOFfW ARE GROUP, INC: MONROE COUNTY By: ~- ~ By: Name: i3rie llet:Ilflftftft df66 t-J ~\)'M.,AN Name: CkiefFiftlHl.eial. OFliser C..o~()lLt.~ Title: Charles "Sonny" McCoy Mayor/Chairman J\ug~~~.:,21, 2002 Title: . <" "'-, (:~~) -r, l-:~~ 'J r- C/) n1 rl'J 0 U r-..) -r, 0'\ 0 :::v -" ~, -,,- r';' : -'I ~.l... 1:-; r- C) .. ,-:;:) ~> rq :::iJ .-:'J l' r-' ~ ~~ Monroe County Contract Amendment # I TRAPEZE CONFIDENTIAL Page 2 of3 Client Ref Monroe County EXHmIT A AMENDMENT Item Licensed Product Product Description Configuration License Fee License Date 1. Trapeze TM -PASS- Suspension Module Base License $5,000 Effective date of SUS this Agreement 2. TOTAL $5,000 1. License is provided for operations with up to 399 booked trips per day. 2. License is provided for software utilization for Monroe County (Key West, Florida) paratransit services. 3. Third party Runtime licenses, if required to operate the Software are not included. 4. Proposed software solution is designed for the Windows operating environment, with an ODBC database infrastructure (Malteze) designed by and proprietary to Trapeze. 5. Third party data, hardware and system/operating software are not included in License fees. 6. Trapeze will assist in reviewing hardware specifications, however the Licensee is responsible for purchasing hardware and the pre-requisite products. 7. Any hardware that must be tested by Trapeze will require additional service days not covered in this Agreement. 8. Any components may be operated on any of the workstations within a configuration approved by Trapeze. Licenses for additional local or remote workstatioos may be purchased for $3,500. 9. The license to use MaltezeTransport Database is granted for nominal consideration and is included for the development of reports by Licensee's staff only and for the integrated solution consisting of Trapeze components. Access rights to the Malteze infrastructure or application interfaces for any components that are not Trapeze compliant/sanctioned are charged at the then current rate per application, unless otherwise approved by Trapeze. TRAPEZE SOFfW ARE GROUP, INe. LICENSEE The parties agree that the above accurately reflects the Software, which is subject to the terms mid ' conditions outlined in the attached Amendment # 1 to the Software License Agreement, effectively made-as of~ d310~ : ..'., . I ' / I ' (.' Signature: Name: Title: ~~~ r:Iic IICII mann ::s -I\=oN R~ D 'MNJ ChiGffmanGial Oftieer- CotJ\R~ L--L(R Charles "Sonnyll McCoy Mayor/Chairman August 21, 2002 Signature: Name: Title: Monroe County Contract Amendment # 1 Page 3 od ,;>i i'\,":' :" ';; Charles "Sonny" MCCO..v,I~'(Y~::.~""~.".':J Mayor / Chairman rpl ,..~~~t:i August 21, 2002 \~;_";)~~~;\"\" ... \" ' ,.' ,(\ \..1 ,,', '~2:".:>,:L< TRAPEZE CONFIDENTIAl:;::",' Client Ref Monroe County CONTRACT AMENDMENT #1 THIS AMENDMENT is made effective this ;>3~y of~, 2002 between: 1. Trapeze Software Group, Inc. with its place of business at 14400 North 87th Street, Suite 120, Scottsdale, Arizona, 85260, ("Trapeze"); and 2. Monroe County with its place of business at 1100 Simonton St., Key West, Florida, 33040 ("Licensee"). WHEREAS Trapeze and Licensee intend to amend the Software Maintenance Agreement dated March 19th, 1997, in order to add the Trapeze™ PASS-SUS software product to the Trapeze annual maintenance program, as provided therein; NOW THEREFORE Trapeze and Licensee agree as follows: I. Definitions As used in this Contract Amendment #1; "Agreemenf' means the Software Maintenance Agreement entered into between Trapeze and Licensee effectively dated March 19th, 1997 setting out the terms and conditions by which Trapeze, among other things, agreed to provide certain services with respect to the Trapeze™ PASS-WIN Software, as defined therein; All other capitalized terms shall have the same meaning as in the Agreement unless the context requires otherwise. 2. Amendment to Al!reement (a) Add the attached "Exhibit A Amendment" to the original Exhibit A set out in the Agreement. /'..) ....T.~. . '~':.:I (b) All remaining terms conditions, and covenants of the Agreement remain unchang~ j; ~ ;~~;~:: ~~ (")' ,...... N c:: ("') , CJ\ , - ,'" . L ::\,i ~ '. IN WITNESS WHEREOF, the parties have caused this Contract Amendment #1 to be si~et~fu, th~ duly authorized representatives as of the date above. : " :-1 J": ':"'" r c~~ C- PI -'" '-::1 t".' TRAPEZE SOFfW ARE GROUP, INC: /' MONROE COl1NTI1 \ By: ---7 ~ ~ By: Name: Nie I Wtl.,t18fttl ....) 100 tJ R(D WlA.rJ Name: Title: CkieffiHafteial OilieeI to~LLHt Title: EXHmIT A AMENDMENT Monroe County Contract Amendment # I ~.z-~ IN/ ~ ~ ,~ ~. /,y/,<t.4- Page 1 of2 APPROVED AS TO FORM ~~~ A~~E Av HUTTON r>'Tr: f//6/dy-- ." I rrl o ." C) ;0 ;"'0 rT~ (J (:) :lJ o Client Ref Monroe County Item Licensed Product License Fee License Fee Annual Maintenance Start Percentage Maintenance Fee. Date 1. TrapezeTM-pASS- $5,000 20% $1,000 At expiry of SUS Warranty period TOTAL $1,000 · First year fee only. For the second and subsequent years, the annual fee win be the License Fee percentage multiplied by the then current price of the License Fee. TAAPEZE SOFfW ARE GROUP, INC. MONROE COUNTY Signature: Name: Title: ~;~ Brie J.IeJlm8r.a ::5ASOtJ ~9Y\1\NV ChiefFintmeittl Oftieer CotJ1'RoLL~R. Signature: Name: Title: ,Charles "Sonny" McCoy MaYQr/Chairman A~t1$,~ 21, 2002 Monroe County Contract Amendment # 1 TRAPEZE CONFIDENTIAL Page 2 of2