1st Amendment 08/15/2012 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: August 20, 2012
TO: Tina Boon, Sr. Budget Director
ATTN: Penny Kipp
FROM: Pamela G. Hone ,�. t&C.
At the August 15, 2012, Board of County Commissioners meeting, the Board granted
approval and authorized execution of Item C11 a Hosted Application Service and License
Agreement Amendment #1 to Contract 210001270 between Monroe County and Sarasota County
as the Service Provider to GovMax 5.0 budget software and to provide and manage a ticket
tracker system for customer support.
Enclosed are two duplicate originals 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
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HOSTED APPLICATION SERVICE AND LICENSE AGREEMENT
AMENDMENT NO. 1 TO CONTRACT NO. 2010001270
This Amendment made and entered into upon execution by both parties by
and between SARASOTA COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as the "LICENSOR," and, the MONROE
COUNTY, FLORIDA, hereinafter referred to as "LICENSEE."
WITNESSETH
WHEREAS, the LICENSOR and the LICENSEE entered into County
Agreement No. 2010001270 , dated August 18, 2010 , a Hosted
Application Service and License Agreement (the "Agreement "); and
WHEREAS, the LICENSOR and Licensee now require to amend the
Agreement as set forth below.
NOW THEREFORE, the LICENSOR and LICENSEE in consideration of the
mutual covenants contained herein, do agree to amend the Agreement as
follows:
1. Section C.2. A of the Agreement is hereby revised to add the following
language: The LICENSOR is designated as the "Service Provider"
effective the date of this Amendment. In no way shall LICENSOR be
deemed responsible for any acts or omissions provided by any prior
Service Providers pursuant to the Agreement. LICENSOR may provide
the services contemplated therein either directly or through a
subcontractor of LICENSOR.
2. New Section adds the following language: Requests for service made
by LICENSEE to LICENSOR shall be submitted through LICENSOR's
ticket tracker system, which is currently accessible via the Internet at
https: / /wiki.scgov.net /scgtrak /[LICENSEE].
a. LICENSOR will provide and manage the ticket tracker system
and associated support process.
b. LICENSOR will invoice LICENSEE for any tickets related to
their customized instance of GovMax. Only break /fix tickets
shall be accepted for processing by LICENSOR, until and
unless LICENSEE is otherwise so notified by LICENSOR.
HOSTED APPLICATION SERVICE AND LICENSE AGREEMENT
AMENDMENT NO. 1 TO CONTRACT NO. 2010001270
c. LICENSEE shall compensate LICENSOR at the rate of One
Hundred Twenty -Five Dollars ($125.00) per hour for all
services provided by LICENSOR.
d. LICENSOR shall invoice LICENSEE on a monthly basis for the
services provided by LICENSOR during the prior month.
i. If LICENSEE is a political subdivision of the State of
Florida, or otherwise subject to the Local Government
Prompt Payment Act ( "the Act ") (Section 218.70, et
seq, Florida Statutes) LICENSEE shall pay invoices in
accordance with the Act.
ii. In the event LICENSEE is subject to a law or ordinance
requiring a time frame or process for payment of
invoices other than that set forth in the Act, such law
or ordinance shall govern.
iii. In the event LICENSEE is not prohibited from paying
invoices in accordance with the Act, then the Act shall
govern.
e. The support procedures to be followed by LICENSEE and
LICENSOR shall be provided to LICENSEE and may be
updated from time to time by LICENSOR.
3. Except as modified herein, all other terms, covenants, and conditions
of the Agreement shall remain in full force and effect.
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HOSTED APPLICATION SERVICE AND LICENSE AGREEMENT
AMENDMENT NO. 1 TO CONTRACT NO. 2010001270
IN WITNESS WHEREOF, the parties have executed the Agreement as of
the date last below written.
WITNESS:
Print Name:
Signed By:
Date:
MONROE COUNTY
Print Name: David P. Rice
Signed By:
Title: Mayor
Date: August 15, 2012
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Date:
Licensor:
SARASOTLCUNTY
By:
County Ad gnistr a torpu,/,,4A t
Date: 2 /�: /i v
Approved as to form and o7ectness:
COUNT ATTORNEY
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