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12/14/2011 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: January 12, 2012 TO: Christine Hurley, Director Growth Management Division ATTN. Mayra Tezanos Executive Assistant FROM. Pamela G. Hanco; ,, At the December 14, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item J5 a Contract with ACS Government Systems, Inc., to design a new software query tool for the Monroe County Property Appraiser (Appraiser) office that will enable the Appraiser to extract parcel data specifically indicating living area on the ground floor of each Monroe County parcel and export this information to the Growth Management Division for use with the FEMA Floodplain Program, waiving purchasing policy requiring written quotes or bids, allowing a sole source purchase as this company is already providing services to the Appraiser's office, services will be done remotely /no travel required (Please see the attached e -mail from Susan Grimsley, Assistant County Attorney. Ms. Grimsley has advised this office that Section 32 of the contract should have been deleted; therefore, no insurance is required). Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please do not hesitate to contact my office. cc: County Attorney Finance File/ MONROE COUNTY CONTRACT FOR PROFESSIONAL SERVICES WITH ACS GOVERNMENT SYSTEMS, INC. THIS CONTRACT (Contract) is made and entered into this 1 ` t k day of AQ -- Z° t 1, by MONROE COUNTY ( "COUNTY "), a political subdivision of the State of Florida, whose address is Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and ACS Government Systems, Inc. ( "CONTRACTOR "), whose address is 130 Division Street, Waite Park, MN 56387. Section 1. SCOPE OF SERVICES The CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of Services on Exhibit A. Section 2. COUNTY'S RESPONSIBILITIES 2.1 Coordinate with Monroe County Property Appraiser (Appraiser) on layout of data extraction file. 2.2 Review and confirm accuracy of data extract provided by the Appraiser prior to promotion of new query tool to production environment on the Appraiser's system. Section 3. TERM AND EFFECTIVE DATE This contract is effective on the date stated above. The term of the contract is effective through completion of services, as defined in Exhibit A. Section 4. COMPENSATION 4.1 Compensation shall be according to the rates shown on Exhibit B, attached. The COUNTY agrees to pay the CONTRACTOR based on successful completion of work within the Scope of Service according to product delivered. Compensation shall be only for the amount of work completed, regardless of the cause of any delay. Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made upon delivery and acceptance of the query tool according to the Local Government Prompt Payment Act, as described in Exhibit B. Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed and the payment amount requested. 5.2 Continuation of this contract is contingent upon annual appropriation by COUNTY. Section 6. CONTRACT TERMINATION Either party may terminate this contract because of the failure of the other party to perform its obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen (15) days notice to the CONTRACTOR. COUNTY shall pay CONTRACTOR for work performed through the date of ACS Government Systems, Inc — BOCC December 14, 2011 Page 1 of 14 Last Modified: 11/9/2011 termination. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered, and executed by County's Growth Management Division Director and authorized representative of CONTRACTOR. 7.2 The CONTRACTOR shall not assign, sublet, sub - contract or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement or subsequent Work Assignment without the written consent of the COUNTY, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be hand delivered, or mailed, certified / registered / return receipt requested, or sent by courier service with a signed receipt, to the addresses as follows: To the COUNTY: Christine Hurley, Division Director Monroe County Growth Management Division 2798 Overseas Highway, Suite 410 Marathon, Florida33050 Roman Gastesi, County Administrator 1100 Simonton Street, Suite 205 Key West, Florida 33040 To the CONTRACTOR: Paula McNutt - Richards ACS GOVERNMENT SYSTEMS, Inc. 130 Division Street, Waite Park, MN Waite Park, MN 56387 or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered, or, if mailed, when deposited in the m ails, registered, postage paid. Section 9. RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each ACS Government Systems, Inc — BOCC December 14, 2011 Page 2 of 14 Last Modified: 11/9/2011 party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for five years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020 -1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020 -1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. Section 11. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall I ie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Both parties specifically waive their right to a trial by jury. This Agreement is not subject to arbitration. Section 13. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be ACS Government Systems, Inc — BOCC December 14, 2011 Page 3 of 14 Last Modified: 11 /9/201 1 valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 14. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket \expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 18. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but ACS Government Systems, Inc — BOCC December 14, 2011 Page 4 of 14 Last Modified: 1 1/9/201 1 are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 21. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 22. NO SOLICITATION /PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 23. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. ACS Government Systems, Inc — BOCC December 14, 2011 Page 5 of 14 Last Modified: 11/9/2011 Section 24. NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Section 25. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27. NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the C OUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 28. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Section 29. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of COUNTY in his or her individual capacity, and no member, officer, agent or employee of COUNTY shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. EXECUTION IN COUNTERPARTS ACS Government Systems, Inc — BOCC December 14, 2011 Page 6 of 14 Last Modified: 11/9/2011 This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 31. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 32. INSURANCE POLICIES 32.1 General Insurance Requirements for Contractors and Subcontractors As a pre- requisite of the work governed, or the goods supplied under this contract, the CONTRACTOR shall obtain, at its own expense, insurance as specified below. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules. The CONTRACTOR will not be permitted to commence work governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. ACS Government Systems, Inc — BOCC December 14, 2011 Page 7 of 14 Last Modified: 1 1/9/2011 The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shal I be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be included as Additional Insured on the commercial general liability insurance issued to satisfy the above requirements. This requirement may be met through a blanket additional insured provision endorsement as well. 32.3 PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain Professional Liability Insurance. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the CONTRACTOR shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the CONTRACTOR arising out of work governed by this contract. The minimum limits acceptable shall be: ACS Government Systems, Inc — BOCC December 14, 2011 Page 8 of 14 Last Modified: 11/9/2011 $250,000 per Claims made basis /$500,000 Aggregate The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement of work governed by this contract, the CONTRACTOR shall have proof of Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self - insurer, the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR's Excess Insurance Program. If the CONTRACTOR participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. Section 33. INDEMNIFICATION Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the CONTRACTOR covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, contractors in any tier or other invitees, or (C) CONTRACTOR'S default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. ACS Government Systems, Inc — BOCC December 14, 2011 Page 9 of 14 Last Modified: 1 1/9/201 1 In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. Section 34. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his /her employees, contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its own expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi - public agencies. Section 35. DELAY The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties based on funding availability. HEREOF, the parties hereto have caused these presents to be executed on the 142 ti20 11 4�u } es ' 12ANNY L. KOLHAGE, CLERK '1 N COUNTY, FLORIDA C By C__ N Deputy Clerk L.L - C,� N ACS Government Systems, Inc — BOCC December 14, 2011 Last Modified: 11/9/2011 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By Mayor /Chairman MO NROE COUNTY ATTORNEY APPROVED AS TO FORM: SUSAN f . GRIMSLEY J r,cI.,;� rq(� ^ OUNTY .ATTORNEY Page 10 of 14 ACS GOVERNMENT SYSTEMS, INC. By itle L T. BAUER ` Vice President bl AG8QD ernmPnt SvstWM ft (1) fitness . Print Name: ���L� �G�✓ (2) tness Print Name: STATE OF t��l'�Jt COUNTY OF �� � The foregoin nst7Z t was acknowledged bef re m e t 's & day o C "�01 1 by (insert title) _ of and for ACS GOVERNMENT SYSTEMS, Inc. who is tA`p known to me, or who [ ] has produced a dri vers license as identification. SEAL JulleA. Melville WM Pubic -Minna * O AF MY Comm. EXP.Jan.31, 2015 ACS Government Systems, Inc — BOCC December 14, 2011 Last Modified: 11 /9/201 l e tary on expires: Page 1 I of 14 Exhibit A: Scope of Services Title: Parcel Extract for Growth Management ID No: 1 CR020 Originator: Monroe County, Florida Organization: ACS Government Systems, Inc. Purpose The CONTRACTOR will develop a new query tool accessing the Monroe County Property Appraiser's (Appraiser) tax roll database to identify parcels that may have living space on the ground level. The query tool will determine if section codes (FLA, EPB, LLF, SBF, SBU, GBF, GBU and any other codes manually entered) exists in the first drawing (far left hand corner) on a property record page. If one of these section codes is found, then the query tool will add the parcel to a result set. This results set can then be opened in a parcel viewer to extract the data to a defined output file. Note: The list of section codes will be defined in a configuration file. Query tool Functionality 1. Select all COUNTY parcels. 2. Open the sketch file for each Parcel 3. Scan through each Parcel's Sketch files to determine if the sketch has one of the section codes. If one of the codes exists in the sketch, the query tool will process the buildings on the sketch and determine which building is at the far left corner which would be the ground level. It will then determine if one of the codes is in the ground level. If the Sketch file has more than one page the query tool will search through all pages and determine if one of the pages has one of the section codes in the ground level. 4. If the query tool determines that a parcel may have a living area in the ground level, then that Parcel will be written to a result set, the name of the result set can be configured, but the default will be'Growth Management Ground Living Area Report Month /DDNYYY' with the date being the date of generation. 5. The query tool will loop through all Parcels. 6. Once the query tool has completed Appraiser staff will open a Parcel viewer, and load in the result set that was created by the query tool 7. Appraiser staff shall be able to run Parcel Record Card and extract the data for al I the parcels. This data file wil I be forwarded to the COUNTY. Query tool Requirements 1. Provide ability to modify and /or enter additional section codes into the query function. 2. Execution of job can be stopped and resumed to assist with long runtime issues that may prevent it from running completely in one night. 3. Populate a table, accessible to the PA, to contain list of all the parcel ids to be reviewed. This table can be queried by Appraiser to determine parcels not processed. 4. Upon completion create a text file indicating the total num ber of parcels, total number of parcels processed and num ber of parcels not processed due to error. 5. Failed status: if a parcel can't be processed write error to table ( #3 above) and continue to next parcel. 6. Create exportable data output in agreed format. 7. The data accurately reflects the parcels having a living area in the ground level. ACS Government Systems, Inc — BOCC December 14, 2011 Page 12 of 14 Last Modified: 11/9/2011 Timeline Proposed Target completion date: February 28, 2012 but no later than March 28, 2012. This project should begin upon receipt of written approval of contractual agreement with COUNTY, anticipated January 9, 2012. Accordingly, time allotment for the completion of this project is estimated at 3 to 4 weeks: PHASE 1 • 8 Days for Coding • 2 Days for Vendor testing Code • 1 Day for Documentation • 1 Day for Install on Appraiser's system and confirm application running (code entry for query criteria, extract and export features) PHASE 2 • 4 Days for Growth Management to review output data to confirm output is accurate. (commence 30 day data review, reporting inaccuracies) PHASE 3 Additional Time as Needed within 30 Day Review: • Support and bug fixing as required with response and proposed resolution from ACS within 2 working days of notification by COUNTY to ACS • Provision of modification to COUNTY /Appraiser • 2 Days for Appraiser and /or Growth Management approving modifications Impact on Resources Work will be assigned and scheduled accordingly to meet the target completion date in the Timeline Proposed Section above. CONTRACTOR is committed to completing all necessary work by the timeline mutually agreed to by CONTRACTOR and COUNTY. However, CONTRACTOR and COUNTY both understand that there are variables outside of the control of both COUNTY and CONTRACTOR that may impact the schedule and target completion date. If extension of time is necessary agreement shall be obtained according to section 7.1 in the Contract. Assumptions • The first drawing displayed (on left hand side) of a property record page represents the ground level. • Appraiser will provide a test environment for testing data output. • Appraiser will install the query tool and configure the query tool on its system using files and instructions provided by CONTRACTOR. • Appraiser and COUNTY Growth Management staff is responsible for full system testing prior to promotion of the changes to the production environment. • The Query Tool will be compatible with the Appraiser Computer Assisted Mass Appraisal Software, and will meet the minimum standards set forth in Minimum Standards Contract between the CONTRACTOR and Appraiser. ACS Government Systems, Inc — BOCC December 14, 2011 Page 13 of 14 Last Modified: 11/9/201 1 Exhibit B: Cost of Services A lump sum fee of $16,500 U.S. shall be paid to CONTRACTOR for the following services: development, coding and testing, instructional documentation for the Appraiser's office, debugging, support, and project management. Payment to occur in the following installments: $11,000 to ACS upon successful completion of the installation on Appraiser's system, Appraiser extraction of data and submission of that data to Monroe County. (Phase 1) $5,500 to ACS upon Monroe County acceptance, which should occur within 30 days according to Proposed Timeline shown in Exhibit A, beginning with Phase 2. If however, the tool developed fails to provide (in scope, per the terms of the contract) data needed (and defects have been reported to ACS within the 30 days), then remaining $5,500 will not be paid by Monroe County. If data being requested is not within the scope of the contract and /or no defects have been reported to ACS for fixing within the 30 days, then Monroe County agrees to pay ACS the outstanding $5,500 at th a end of the 30 days. o The cost is based on CONTRACTOR'S current understanding of the project as outlined in the Purpose section in Exhibit A. o Any change to the cost will be subject to the CONTRACTOR Change Control Process and COUNTY contract; the impact on schedule and resources will be re- evaluated. Should an increase in cost be required, approval from the Monroe County Board of County Commissioners must be obtained. o COUNTY may be billed upon acceptance. o Invoice forwarded to COUNTY will specify the date of completion for each task specified in the Timeline Section above and total fee amount due. o The cost for travel and living expenses are not included and not required as all work will be done remotely. ACS Government Systems, Inc — BOCC December 14, 2011 Page 14 of 14 Last Modified: 11/9/2011 Page 1 of 1 Pam Hancock From: "Grimsley- Susan" <Grimsley- Susan @monroecounty- fl.gov> To: <phancock @monroe - clerk.com> Sent: Wednesday, January 11, 2012 4:21 PM Subject: ACS contract Item J -5 December 14,2011 BOCC Section 32 of the contract should have been deleted from the contract. No work will be done on County property; ACS staff is not travelling to Monroe County. We need to use their services whether they carry Professional Liability insurance or not, as this company is the only one that can provide the service. Susan Grimsley, Asst. County Attorney 1111 12th St. Key West, FL 33040 Ph. 305.292.3470 Fax 305.292.3516 Marathon Telephone 305.289.2500 1/12/2012