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01/16/2013 AgreementAMY HEA VILIN CLERK OF THE CIRCUIT COURT F. G,.....-i rz. DA TE: .fnnunf y :�9, 2013 TO: Chief James Callahan Emergency Services ATTN. Holly Pfiester / �j ' FROM. Pamela G. Hanckk`I¢�•C. At the January 16, 2013, Board of County Commissioner's meeting, the Board granted approval and authorized execution of the following: Item C 11 Software License Agreement with EMS Technology Solutions, LLC, the provider of Ambutrak, for the purchase of software, equipment, licensing, and training necessary to use Ambutrak a web -based access asset management system for a first -year initial cost of $10,199, which will be paid for by the EMS award grant from the bureau of Emergency Services; after 1 st year an ongoing cost of $6,720 per year for web access, service and support, and approval for the Fire Chief to sign all documents as needed to complete transaction. Item C 12 Amendment to the Gila LLC d/b/a Municipal Services Bureau ("MSB") Agreement with Monroe County Board of County Commissioners ("County") for collections of outstanding receivables from ground and air ambulance transports. ✓ Item G2 Software License Agreement with EMS Technology Solutions, LLC, the provider of Ambutrak, for the purchase of software, equipment, licensing, and training necessary to use Ambutrak a web -based access asset management system for a first -year initial cost of $10,199, which will be paid for by the EMS award grant from the bureau of Emergency Services; after 1 st year an ongoing cost of $6,720 per year for web access, service and support, and approval for the Fire Chief to sign all documents as needed to complete transaction. Enclosed is a copy of each of the above -mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney w/o documents Finance File EMS Technology Solutions Agreement AM Date: 1-16-2013 Monroe County Fire Rescue EJ Aufderheide 490 63rd St EMS Technology Solutions, LLC Suite 160 3760 Tramore Pointe Pkwy Marathon, FL 33050 Austell, GA 30106 (305) 289-6047 (404) 423-2541 ej@ambutrak.com EMS Technology Solutions, LLC provides AmbuTrak Inventory, Asset and Fleet Management sole-source software as a service to Ambulance Services, Fire Departments, EMS Agencies, and Hosptials. This agreement is being provided to you based on our assessment of your operational requirements. Additional services and equipment may be quoted at any time. Signed Agreements can be faxed to 404-424-9401. Attn: EJ Aufderheide We look forward to working with you. Proposed Products and Services: Product Name Quantity Sales Price Total Price AmbuTrak Setup&Training 1.00 $1,500.00 $1,500.00 Fleet Management Setup&Training 1.00 $1,500.00 $1,500.00 AmbuTrak License Fee(Annual) 9.00 $360.00 $3,240.00 Fleet Management Add-On License(Annual) 29.00 $120.00 $3,480.00 Fleet Management License-Included w/AmbuTrak 9.00 $0.00 $0.00 Barcode Printer 1.00 $0.00 $0.00 Barcode 3x1 Label Kit(1,775) 1.00 $29.00 $29.00 Barcode Scanner Bluetooth 1.00 $450.00 $450.00 stomer Signature Printed Name Date * Authorized Personnel Only - By ex ting this agreement I hereby certify I am an authorized agent of Monroe County EMS Technology Solutions, LLC Printed Name Date • Page 1 of 3 Page Agreement AmbuTrak Licensing Agreement Page 2 of 3 1. Scope: EMS Technology Solutions will provide Customer full access to the AmbuTrak management software as outlined in the AmbuTrak Software as a Service Specifications document. The terms and conditions below represent the terms and conditions under which EMS Technology Solutions will grant licenses to Customer for the use of AmbuTrak management software. Unless terminated earlier in accordance with the terms and conditions herein, this Agreement shall begin on the Effective Date and continue until terminated in accordance with Section 12. This agreement is subject to annual appropriation by the Monroe County Board of Commissioners. 2. Grant of Exclusive License: Subject to the terms and conditions of this Agreement, EMS Technology Solutions hereby grants to Customer an irrevocable license to the Product during the Term (the "License "). 3. Licensing Fee: The fee and Contract Term for each License shall be as specified on the included Quote, payable as of the respective Term. Setup, training and equipment fees are due upon execution of this agreement. The initial Licensing Fee is due within 30 days following software installation. The number of licenses issued under this Agreement is 38 Licenses as specified in the included Quote. Licenses may be increased or decreased without penalty. The minimum Licenses allowable are five. 4. Equipment: Customer may purchase equipment including Barcode Printers, Barcode Scanners, PC Mobile Scanners and Consumables as needed to operate the software at the prices specified on the included Equipment Price Guide. Equipment shall be payable at the time of purchase. EMS Technology Solution is an authorized reseller of Psion Teklogix, Data Logix and Cognitive devices. 5. Set Up and Training: Initial Set up and Training of the Product shall be performed by the EMS Technology Solutions as outlined in the AmbuTrak Software as a Service Specifications document at the price specified on the Quote. Ongoing training includes online administrator training and assistance with setting up crew members, assets, supply parts, cabinets and units. Onsite training may be provided for a fee of $1,000 per day, inclusive of travel expense. 6. Technical Support: EMS Technology Solutions will provide application hosting as well as database management services for the Products on our high performance application servers. EMS Technology Solutions will provide technical and non technical support as part of the License Fee. Maintenance upgrades to the Products that are relevant to all Customers will be provided at no additional charge. 7. Data Backup: Daily backup and storage of Customers data will be provided as part of the License Fee. Access to the data backup can be provided via secure FTP upon request. The access will require Customer to pull the data to their local server as there is no process to push data on a schedule. EMS Technology Solutions may restrict access to transferring these files to non peak hours to avoid any potential service interruptions for other customers. Ownership of the data remains under the jurisdiction of the Customer. 8. Warranties: Products licensed by EMS Technology Solutions and Equipment carry only those warranties made for them by their manufacturers. The duration of the warranty shall extend for the length of time set by the manufacturer. There are no other expressed or implied warranties, including any warranty of merchantability or fitness for a particular purpose. EMS Technology Solutions sole obligation and Customers exclusive remedy for breach of any warranty shall be, at EMS Technology Solutions option, to repair or replace the Product. EMS Technology Solutions shall not be liable for punitive, special, proximate, incidental, consequential, or exemplary damages. Notwithstanding this Warranty, Customer shall be responsible for all regular service and maintenance of Products and Equipment. In no event will EMS Technology Solutions be liable for any damages or nonconformity of Products and Equipment to the extent caused either directly or indirectly by Customer or its designated representatives, employees, contractors, or agents. 9. Force Majeure: In the event that either Party is prevented from performing or is unable to perform any of its obligations under this Agreement (other than payment of amounts due hereunder) due to any Act of God, fire, casualty, flood, war, strike, lockout, epidemic, destruction of facilities, riot, insurrection, or any other cause beyond the reasonable control of the Party invoking this Section, such party's performance shall be excused and the time for the performance shall be extended for the period of the delay or inability to perform due to such occurrences. 10. Confidentiality: EMS Technology Solutions may use certain Customer information as input data in a database where Customer's identity shall be kept anonymous. Neither party will make any press release regarding this Agreement without the other party's prior written consent except as required under applicable law or by any governmental agency. Customer shall maintain the confidentiality of all source materials and other sensitive information regarding software functionality. AmbuTrak Licensing Agreement Page 3 of 3 11. Miscellaneous: Both Parties shall comply with all laws, rules, and regulations applicable to this Agreement. All purchases under this Agreement are for Customers "own use" as such term is defined in judicial or legislative interpretation. This Agreement is the entire agreement between the parties with regard to the subject matter of this Agreement. No amendment of the terms of this Agreement will be binding on either party unless reduced to writing and signed by an authorized employee of the party to be bound. All invoices will be paid in accordance with the Florida Local Government Prompt Payment Act. 12. Termination: Generally this Agreement shall terminate upon the earlier of (a) 30 days notice given by either Party to the other or (b) the date that the license fee due hereunder is not timely paid, and such non - payment is not cured within 90 -days from the due date. Notwithstanding the foregoing, however, each Party reserves the right to terminate the Agreement if: (a) the other Party ceases to function as a going concern in the normal course of business; (b) the other Party commits or suffers any act of bankruptcy or insolvency. If the Agreement for service is terminated for any reason, Customer will be provided access to a backup of their data. EMS Technology Solutions will retain a copy of Customers data for up to one year from date of termination. 13. Relationship of Parties: Each Party is an independent contractor of the other. Neither Party shall be the legal agent of the other for any purpose whatsoever and therefore has no right or authority to make or underwrite any promise, warranty, or representation, to execute any Agreement, or otherwise to assume any obligation or responsibility in the name of or on behalf of the other party, except to the extent specifically authorized in writing by the other Party. 14. Assignment. This Agreement and the rights and obligations hereunder shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns; provided that no Assignment, sale or other assignment of this Agreement can occur unless either (a) the transfer occurs by way of merger, reorganization, consolidation, amalgamation, or as part of a transfer of all or substantially all of the assigning party's assets, or (b) then non - transferring Party consents in writing to the transfer. In the event of such a transfer, the transferring Party agrees to secure consent from the transferee that it will assume and perform all obligations of the transferring Party under this Agreement. Customer or EMS Technology Solutions shall give the other written notice of any anticipated assignment of the Agreement as soon as administratively practicable after such information may first be made public. 15. Notices: All notices or other communications that are required or permitted hereunder shall be in writing and delivered personally, sent by facsimile (and such facsimile must be promptly confirmed by personal delivery, registered or certified mail or overnight courier as provided herein), sent by nationally - recognized overnight courier or sent by registered or certified mail, postage prepaid, return receipt requested, to the addresses first specified hereinabove, or to such other address as the Party to whom notice is to be given may have furnished to the other Party in writing in accordance herewith, to the attention of the Chief Executive Officer. 16. Headings: The headings of this Agreement are for convenience only and shall not affect the meaning of the terms of this Agreement. 17. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. 18. Severability: If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law, and if the rights or obligations of either Party under this Agreement will not be materially and adversely affected thereby such provision shall be fully severable and the remaining provisions of this Agreement shall remain in full force and effect to the fullest extent permitted by applicable law, each Party hereby waives any provision of law that would render any provision prohibited or unenforceable in any respect. 19. Waiver: The failure of either Party to assert a right hereunder or to insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by the other Party. 20. Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 21. Customers site will be encrypted per customers request Acceptance of Agreement: IN WITNESS WHEREOF, the person signing below represents and warrants that she or he has the authority to bind Monroe County Fire Rescue and execute the terms of this agreement. Equipment Price Guide Please consult with your AmbuTrak representative regarding the .best equipment options for your operation. Barcode Scanners: USB Barcode Scanner with 6' USB cable $ 175.00 Bluetooth Wireless Barcode Scanner $ 450.00 Psion Teklogix WorkAbout Pro Mobile PC Scanner $ 2,475.00 (includes charging dock, spare battery, 3 year manufactuer comprehensive warranty] Barcode Printers: CG400 Series Thermal Transfer Label Printer with USB cable $ 525.00 Thermal Media Kit (2,000 labels) $ 29.00 Signature Pads SigLite 1x5, No Backlight $ 225.00 SignatureGem 1x5, High Signature Volume, No Backlight $ 315.00 SignatureGem 1x5, High Signature Volume, Backlight $ 340.00 Rugged Laptops: Getac V100 Fully Rugged Convertible Notebook - 10.4" Display, 5 Year Warranty [Intel 17 -640UM 1.2GHz Processor, 4MB Cache, 4GB DDR3 RAM, 320GB HDD, 1200 NITS Multi -Touch Display, Mechanical Keyboard, 802.11N Wireless, Bluetooth, 2M WebCam, Hand Strap, PCMCIA Type II +Express Card 54/34, 9 Cell Battery, Low Temp -20C, IP65, WIN7, 5 Year Warranty] Intel i7, Standard non - backlit Keyboard, No GPS $ 2,800.00 Intel 17, Backlit Keyboard, GPS, 2GB RAM $ 3,200.00 Intel i7, Backlit, GPS, 2GB RAM, Gobi 2000 w /pass -thru, Fingerprint $ 3,600.00 Getac V200 Fully Rugged Convertible Notebook- 12.1" Widescreen Display, 5 Year Warranty [Intel 17 -62OLM 2.OGHz Processor, 4MB Cache; 4GB DDR3 RAM, 320GB HDD, 1200 NITs Multi -Touch Display, Mechanical Keyboard, 802.11N Wireless, Bluetooth, 2M WebCam, Hand Strap, PCMCIA Type II +Express Card 54/34, 9 CellBattery, Low Temp -20C, IP65, WIN7, 5 Year Warranty] Intel i7, Standard non- backlit Keyboard, No GPS $ 3,000.00 Intel i7, Backlit Keyboard, GPS, 4GB RAM $ 3,400.00 Intel i7, Backlit, GPS, 4GB RAM, Gobi 2000 w /pass -thru, Fingerprint $ 3,800.00 Getac B300 Fully Rugged Notebook - 13.3" QuadraClear Display, 5 Year Warranty [Intel 15 -2520M 2.5GHz Processor, 3MB Cache, 4GB DDR3 RAM, 320GB HDD, Touchscreen Display, Mechanical Backlight Keyboard, SuperMulti DVD, 802.11N Wireless, Bluetooth, PCMCIA Type II +Express Card 54/34, Smart Card, eSATA /USB 3.0 (Ix USB + 2x eSATA /USB), Low Temp -29C, Fingerprint, IP65, WIN7, 5 Year Warranty] Intel i5, 700 NITS Display $ 2,700.00 Intel 15, 1400 NITS QuadraClear Display, DVD $ 3,400.00 Intel i5, 1400 NITS QuadraClear Display, Gobi, Dual -Pass, DVD, GPS $ 4,000.00 Intel 17, 1400 NITS QuadraClear Display, Gobi, Dual -Pass, DVD, GPS $ 4,200.00 Getac S400 Semi - Rugged Notebook - 14" Display, 3 Year Warranty [Intel 15-560M 2.66GHz Processor; 3MB Cache, 4GB DDR3 RAM, 32OGB HDD, 700 NITS Multi -Touch Touchscreen Display, Mechanical Backlit Keyboard, SuperMulti DVD, 802.11N Wireless, Bluetooth, PCMCIA Type II +Express'Card 54/34, Smart Card, 4 -1 Card Reader, TPM, Low Temp 715C, Fingerprint,WIN7 Pro, 3 Year Warranty] Intel i5, Backlit Keyboard, Bluetooth $ 1,800.00 Intel 6, Backlit Keyboard, Bluetooth, Gobi 2000 $ 2,000.00 Intel i5, Backlit Keyboard, Bluetooth, Gobi 2000, GPS, Pass -thru $ 2,200.00 Panasonic H2 Dual Touch Tablet PC, 3 Year Warranty $ 3,600.00 [Win7, Intel Core i5 -2557M 1.70GHz, 10.1inch XGA Dual Touch, 320GB(72OOrpm), 4GB, Intel WIFI a /b /g /n, Bluetooth, 2MP Cam, 2D Bar, USB, Serial, LAN, No Drive, Toughbook] * Rugged Laptop prices, options and accessories may vary based on final configuration. Please request a quote.