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06th Addendum 10/16/2013AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROECOUNTY, FLORIDA DATE: November 14, 2013 TO: Christine Hurley, Director of Growth Management ATTN. Mayra Tezanos Executive Assistant FROM: Vitia Fernandez, D.C. At the October 16, 2013, Board Lf)6unty Commissioner's meeting the Board granted approval and authorized execution of the following items: Item 13 SunGard Contract Amendment No. 6 to purchase additional user licenses and SunGard technician support to install and test application server install. Item I4 Professional Services Contract with Thomas D. Wright to serve as legal counsel for the Contractors' Examining Board. Enclosed is a duplicate original of each of the above -mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney (w/o documents) Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146 ADDENDUM TO CONTRACT BETWEEN MONROE COUNTY AND SUNGARD PUBLIC SECTOR, INC. Addendum NO.6 THIS ADDENDUM to the Contract (Contract) between Monroe County (County) and SUNGARD PUBLIC SECTOR INC, as successor in interest to SUNGARD PENTAMATION, INC. [formerly Pentamation Enterpriseses, Inc.] (SunGard) whose address is 1000 Business Center Drive, Lake Mary, FL 32746 dated January 14, 1999 is entered into on October 16, 2013, 2013. WITNESSETH: WHEREAS, the County and SunGard entered into a Contract dated January 14, 1999, for software for the building department and for other services; and WHEREAS, there have been several addenda, the last one being called by Monroe County for record keeping Addendum Number 5 dated January 16, 2013, for the provision of services and software; and WHEREAS, for record keeping purposes, this shall be called Addendum No. 6; and WHEREAS, the specific original software purchased has been provided by SunGard and payments due have been made by County; and WHEREAS, the County needs additional software, and SunGard desires to provide it; and WHEREAS, SunGard is the only vendor able to provide this software to be compatible with the existing service and SunGard's proprietary software; NOW, THEREFORE, the parties agree as follows: 1. SunGard will provide to County the software including Licenses and Installation as provided for on the quote dated 09123/13, attached as Exhibit A which will be paid for by County as itemized in the amount of $9,000.00. 2. SunGard will provide second year maintenance at the charge of $400.00 included in the above. 3: Total compensation under this Addendum, excluding applicable taxes, if any, shall not exceed $9,000.00. 4. All requests for payment will be invoiced by SunGard. County's payment is governed by the terms of Exhibit A to the extent allowable under the Florida Local Government Prompt Payment Act. 5. This Addendum is subject to an annual appropriation by the Monroe County Board of County Commissioners. County believes that sufficient funds can be obtained to pay all amounts due SunGard throughout the term of this Agreement and hereby covenants and agrees that it will make appropriate requests for budget appropriations for the fiscal years in amounts as specked herein. County further agrees that said funds, once appropriated, will be maintained and expended for the expressed purpose of acquiring from SunGard the 12/6/12 licenses and services set forth herein. In the event sufficient funds are not appropriated, not budgeted or not otherwise legally available, County shall immediately notify SunGard of such occurrence and SunGard will respond with a proclamation that the Agreement, or the appropriate executory portions thereof, is terminated. Should there be any premature termination of this Agreement, County shall be responsible to pay a) for any services delivered by SunGard prior to the notice and b) for all software which has been delivered and accepted. 6. All other provisions of the contract between the parties remain in full force and effect, except that the provisions of Exhibit A control as to payment. ESS WHEREOF, the parties have executed this Addendum as indicated below. Clerk WITNESSES: Print Name (2) Print Name BOARD OF COUNTY COMMISSIONERS OF MO ROE COUNTY z• Y)4.46i Mayor George Neugent SUNG D PUBLIC SECTOR, INC. By: Christian Coleman Print N*R@%h6MM�ler, SunGard Public Sector Inc Date: Lc)) --14 OC:)) -M;L- M�NSVIL�E t PATRICIA �. State 011,0 lorida public jes 1 .25 �5 My mm. E%o%n EE 8262 d Commissof 12/6/12 .O,y�;OF COUNT'{ ATTORNEY APPROVES TO FORM: SU4AN M,.YIGo jjSLtY ASE;j.TP,4T couNTY ATTORNEY 1 3 CO :£ Wd � I AON E10Z �� - `j03 03111 SunGard Public Sector Inc. 1000 Business Center Dr. - Lake Mary, FL - 32746 Phone: 800.727.8088 SUNGARD® Add -On Quote Date Account Manager PUBLIC SECTOR 10/2/13 Terry Wayland Quote Prepared For: Monroe County Technical Division 2798 Overseas Highway Marathon, FL 33050 Attn: Karen Pleasant Phone: 305 289 2505 Installation and FOURJs COST SUMMARY 2,700 FOURJS-RUN - 10 licenses, includes year 1 maintenance $ FOURJS-RUN - Year 2 maintenance, 10 licenses $400 $6,300 Installation services $9,000 Total Cost Quote valid to 10/31/13 SunGard Public Sector Inc. 1000 Business Center Dr. — Lake Mary, FL — 32746 Phone: 800.727.8088 This Quote constitutes an Amendment to the existing Contract and Agreement by and between SunGard Pubhc Sector ana customer. nxcepr as otherwise provided herein, all terms and conditions of the existing Contract and Agreement shall remain in full force and effect. As applicable for certain customers, the term "Contract and Agreement" is defined as the Software License Agreement by and between the parties hereto. The Software or "Licensed Systems" licensed by SunGard Public Sector are provided in and may be used in machine-readable object code form only. SunGard Public Sector offers the Customer, through a third party escrow agent, a Source Code Escrow Agreement that provides for release of the source code version of the Licensed Systems from escrow upon the occurrence of certain release events, such as SunGard Public Sectors failure to provide required maintenance services as agreed. Applicable taxes are not included, and, if applicable, will be added to the amount in the payment of invoice(s) being sent separately. Travel and living expenses are in addition to the prices quoted above and shall be governed by the SunGard Corporate Travel and Expense Reimbursement Policy. Date of delivery is the date on which SunGard delivers, F.O.B. SunGard Public Sector's place of shipment, the Licensed Systems to Customer. The SunGard Public Sector application software warranty shall be for a period of one (1) year after delivery. There is no Testing and Acceptance period on the Licensed System(s) herein. Preprinted conditions and all other terms not included in this Quote or in the Contract and Agreement, stated on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Contract and Agreement and any amendments thereto shall control unless expressly accepted in writing by SunGard Public Sector to Customer. Third party hardware/software maintenance and/or warranty will be provided by the third party hardware and software manufacturer(s). SunGard Public Sector makes no representations as to expected performance, suitability, or the satisfaction of Customers requirements with respect to the hardware or other third party products specified in this Quote. The return and refund policy of each individual third party hardware/software supplier shall apply. Before signing this Quote, please contact your Client Success Executive if you are not certain which products are provided by a third party. This Agreement is based on the current licensing policies of each third party software manufacturer as well as all hardware manufacturers. In the event that a manufacturer changes any of these respective policies or prices, SunGard reserves the right to adjust this proposal to reflect those changes. Except when specified as fixed fee services above, pricing for professional services is a good faith estimate based on the information available to SunGard Public Sector at the time of execution of this Quote. The total amount that Customer will pay for these services will vary based on the actual number of hours of services required to complete the services. If required, additional services will be provided on a time and materials basis at hourly rates equal to SunGard Public Sector's then -current rates for the services at issue. For training and on -site project management sessions which are cancelled at the request of Customer within fourteen (14) days of the scheduled start date, Customer is responsible for entire price of the training or on -site project management plus incurred expenses. Payment Terms are as Follows: License, Project Planning, Project Management, Consulting, Conversion, Custom Modification, Third Party Product Software and Hardware Fees are due upon execution of this Quote. Training fees and Travel/Living expenses are due as incurred monthly. Installation is due upon completion. Implementation and Third Party Product Service fees are due 50% on execution of this Quote, and 50% due upon invoice, upon completion. Unless otherwise provided, other Professional Services are due monthly, as such services are delivered. Additional services, if requested, will be invoiced at then - current rates. Any shipping charges shown are estimated only and actual shipping charges will be due upon delivery. SunGard Public Sector Application Annual Support: Customer is committed to the initial term of Maintenance and Support Services for which the support fee is included in the License fee(s) and begins upon execution of this Quote and extends for a twelve (12) month period. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the prior support period. Support fees shown are for the second term of support for which SunGard Public Sector is committed and which shall be due prior to the start of that term. Fees for subsequent terms of support will be due prior to the start of each term at the then -prevailing rate. Subsequent terms will renew automatically until such time SunGard Public Sector receives written notice from the Customer thirty (30) days prior to the expiration of the then current term. Notification of non -renewal is required prior to the start of the renewal term. Customer will be invoiced, and payment is due, upon renewal. Third Party Product Annual Support Fees: The support fee for the initial annual period is included in the applicable Third Party Product License fees(s) unless otherwise stated. Subsequent terms invoiced by SunGard Public Sector will renew automatically at then -prevailing rates until such time SunGard Public Sector receives written notice of non -renewal from the Customer ninety (90) days in advance of the expiration of the then -current term. Notification of non -renewal is required prior to the start of the renewal term. Customer will be invoiced, and payment is due, upon renewal. As applicable for certain Third Party Products that are invoiced directly by the third party to Customer, payment terms for any renewal terms) of support shall be as provided by the third party to Customer. Page 3 SunGard Public Sector Inc. 1000 Business Center Dr. — Lake Mary, FL — 32746 Phone: 800.727.8088 Customer Authorized Signature Date Printed Name Page 4 Monroe County Technical Division, FL October 2, 2013 FOURA add on: FOURJ's users licenses add on - 10 licenses* — x $270. = $2700. FOURJ'S-RUN Total $2,700 *License includes year 1 maintenance Year 2 maintenance - $40.each x 10 = $400. Installation: Remote installation and configuration support for the following applications on an application server, provided by the County. CommunityPLUS 8.2 FOURJS Genero, including new licenses above Open Source MKST Toolkit $6,300 Page 5 CERTIFICATE OF LIABILITY INSURANCE TEPSM301" F °" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHOR® REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the Certificate holder In an ADDITIONAL INSURED, the policy(les) must be endorsed. It SUBROGATION IS WAIVED, subject to the berms and conditions of the policy, Certain policies may require an endorsement A statement on this Cerdfleats don not confer rights to the Cwi flcsts holder In Ileu of such endorsenrsnt(s� PROOUCKR AOn Risk Services Central, Inc. Philadelphia PA office One Liberty Place 1650 Market street CONTAcr W. Na (866) 283-7122 F (347) 953-5390 Ems: INBURSR(S) AFFORDING COVERAGE NMC e suite 1000 Philadelphia PA 19103 USA Daum IWSERA: Travelers Property Cas CO of America 2S674 SunGard Capital Corp. Its Companies a subsidiaries 680 East swedesford Road INSURERS: Phoenix ins Co Z5623 elstlEltC: The Travelers Indemnity Co. 25658 euURERD: Charter Oak Fire ins Co 25615 Wayne PA 19087 USA IawCeR E: epU1tER F: --- .^1 ft /•COTr1r`ATG Yrrm,QG ti/rYNYMI Iw Wf wmr n ="=SCR: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Lhnite shown are as requeded TYPE OF eNSURANCEI AUUL POLICY NLVANM POLICY MIT Lem GarERALLIASLITY EACH OCCURRENCE $1,000.000 X COM IAL GENERAL LIASLrrr $1, 000 , 000 NO ExP IAnY on. pmwnl 510, 000 uAIMe�MIAOE x❑ OCCUR PERSONAL a ADV INJURY S1,000,000 X Co W W LbbrMl GENERAL AGGREGATE $10, 000. 000 GENL AGGREGATE LIMIT APPLES PER: PRODUCTS - COMPIOP AGO S2,000,000 X POLICY 7 'nwr 7 LOc AIM OLELIASSM T3-CAP- X A- L-1 dEDBwotEt>atiA (Enmadwill S2,000,000 ODDLY RMURY(Pwpow) ANY AUTO ALL OWNED SCHEDULED ODDLY INJURY (Per m�erk) AUTOS AUTOS HUM AUTOS X AUTOG NON -OWNED XI PROPERTYOAMMOE Cwwow $2,500 UMBRELLA LIAe OCCUR EACH OCCURRENCE AGGREGATE EXCESS UM CLAM -MADE DED RETENTION C V/oRKERBCOMPBgI1TIONAND TRKUB X 1 05 X WC BMATU 4. a EMPLOYERS' LIABILITY YIN OrDeO N . (PNk�mn�d,, dory In MR NIA (AZ,MA,WI) TC2NUB804Sx01213 (ADS) /0DS/Ol/2014 ELEACHACCIDENT� 51,000,00 E.L. DOEABEEA EMPLOYEE S1.000 , 000 E.L. DISEIIBE POLK:Y LIMIT S1,000, 000 dwaft DESCRI OOPERATIONS blow DBCMFTION OF OPERATIONS I LDCATKINS I VEHICLES RkN ACORD 107. AAdeend Romrlm SdudrN, I mom epw b empdml Name Insured: SUNGARI) DATA SYSTEMS INC., SunGard Capital Corp. Its Companies d Subsidiaries. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I5 INCLUDED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT, BUT LIMITED TO THE OPERATIONS OF THE INSURED UNDER SAID CONTRACT, PER THE APPLICABLE ENDORSEMENT WITH GENERAL LIABILITY POLICY. AY PR RIS1 AMMENT «jl z= CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRs1ED POLICIES SE CANCELLED BEFORE THE =0"ATION DATE TWOMM, NOTK:E WILL DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. MONROE COUNTY BOARD OF AUTHORIZED REPRESENTATIVE COUNTY COMMISSIONERS Attn: MAYRA N STREE s %% � ��'� NOS 1200 SIMONTOSTREET Ri(R/O/!m ` KEY WEST FL 33040 USAF 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010AM The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000057891 LOC *: 4eo a AnnITInNOL REMARKS SCHEDULE Page _ of . - — — - - - — - - NAMED INSURED Aon rusk services Central, Inc. sumard capital Corp. POLICY NUMBER see Certificate Number: 570049806419 CARRIER NAIC CODE see certificate Number: 570049806419 EPPECTWEDATE, ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Cerdficate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER ADDITIONAL POLICIES If it policy blow does not include limit information, refer to the Corresponding POucy On me Plt'L) certificate form for policy limits. I ff= LTR TYPE OR UV9URANCR ADDL RM BURR wVD POLICY NUMRLR POLICY 1LF� RnYR DATE MfD POLICY 10MRATION DATE M LVAM AUTOMOBILE LIABILITY A T]-CAP-8045XDSA-TIL-13 05/ 1 201 1 14 Coll Ded $2,500 ACORD 101 120011M) O 2M ACORD CORPORATION. AN rWft reemed. The ACORD name and logo are reglsbred marks of ACORD