Loading...
10th Addendum 12/14/2016 KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: January 13, 2017 TO: Debbie Lofberg Executive Administrator i FROM: Pamela G. Hanc • ., 0 eputy Clerk SUBJECT': December 14th BOCC Meeting Enclosed is a duplicate original of Item H3 Addendum No. 10 to Contract with Sungard Public Sector LLC to add additional licenses for concurrent user and redundancy /disaster recovery servers for $7,840.00. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File ✓ ADDENDUM TO CONTRACT BETWEEN MONROE COUNTY AND SUNGARD PUBLIC SECTOR LLC ADDENDUM NO. 10 THIS ADDENDUM to the Contract (Contract) dated January 14, 1999 between Monroe County (County) and SUNGARD PUBLIC SECTOR LLC, as successor in interest to SUNGARD INC. [formerly Pentamation Enterprises, Inc.] (SunGard) whose a olxess is 1000 usiness Center Drive, Lake Mary, FL 32746 is entered into this day of , 2016. 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, on July 17, 2002 Monroe County and SunGard agreed to the 1 amendment of their existing agreement to upgrade the permitting software and provide onsite training to the Building and Code Enforcement Departments; on September 19, 2007 the 2nd amendment was approved to provide updated software, training and installation; the 3rd amendment between SunGard and Monroe County was implemented on October 9, 2007 to migrate Monroe County Building's Land Management products to the new CommunityPLUS 8.2 products; the 4th amendment was approved on March '.7, 2010 which provided for additional onsite training "to go live ", additional required customer service capability and any additional services needed; on January 16, 2013 the 5 amendment to the contract was approved to add an Application Programming•. Inteface (AIP) to allow the proposed purchase of the Integrated Voice 'RZespcnse (IVR) syster,-t to read /write inspection information to /from the CommunityPLUS L ermil .:iitg system; the fount' entered into the 6 amendment on November 11, 2013 to purchased ten ,10) additional licenses through SunGard; on November 18, 2014 the 7 amendment was approved to upgrade serves which required the division to upgrade the software from v8.2 to v9.0; on October 21, 2015 the 8 amendment to the contract was approved to provide four days of training to be conducted to cover new features and to navigate changes to the upgraded CommunityPLUS software; the 9 amendment was approved on June 15, 2016 which SunGard provided the County an upgrade to the software which included licenses and installation to allow Selectron IVR system to read /write permit fee information to /from CommunityPLUS; 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 an upgrade to 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 the County ten (10) more concurrent CommunityPLUS user licenses to handle the increase of staff accessing the database. As provided on the quote dated 10/19/16 attached, the amount for the upgrade is $2,700.00 not including an annual maintenance fee of $432.00, which will be paid for by the County. 2. Provide licenses for our upgraded redundancy servers so that in the case CommunityPLUS system becomes unavailable due to a disaster or other system failures, IT can switch over the redundancy servers, so that the public and staff may continue to access permitting and code compliance information. As provided on the quote dated 10/19/16 attached, the amount for the upgrade is $5,140.00 not including an annual maintenance fee of $822.40, which will be paid for by the County. 3. SunGard shall maintain during the term of this contract all insurance coverage as required hereunder. Type of Coverage A mount of Coverage Professional Liability /Errors and Omissions $5,000,000 per claim aggregate $100,000 per occurrence Commercial General Liability Insurance $2,000,000 aggregate $1,000,000 per occurrence $1,000,000 property damage $1,000,000 personal injury Automobile Liability $1,000,000 Combined Single Limit (Owned, Non -Owned & Hired Vehicles) Property Insurance $5,000,000 aggregate Workers' Compensation $1,000,000 Bodily Injury by Accident $1,000,000 Bodily inj. by Disease, policy lmts $1,000,000 Bodily inj. by Disease, each emp. Proof of all insurance coverage shall be furnished to the County by way of an endorsement to same or certificate of insurance upon request by the County. The County shall be identified as an "Additional Insured" on general and auto liability. Failure to comply with the foregoing requirements shall not relieve Consultant of its liability and obligations under ti its contract. 4. All requests for payment will be invoiced by SunGard. County's payment is governed by the terms above. Payment will be made according to 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 specified herein. County further agrees that said funds, once appropriated, will be maintained and expended for the expressed purpose of acquiring from SunGard the 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 terms and conditions of the January 14, 1999 Agreement and the nine ® ubsequent Amendments between the parties, shall remain in full force and effect. S WHEREOF, the parties have executed this Addendum as indicated below. BOARD OF COUNTY COMMISSIONERS ti - OK , CLERK OF MONROE COUNTY t.J I )epu4 y Clerk ayor George Neugent r- WITNESSES: SUNGARD PUBLIC SECTOR LLC ''' (1) By r ,, JCL/ Print Name and Title -'s A A-K ),) , Print Name l Date: /ate -A _ (2) Print Name MON - OE COUNTY A 0 1 • ' NEY Ap :. • S TO M: - 41 STEVEN T. WILLIAMS ASSISTANT . c N t TTORNEY Date 1 / STATE OF rl.1Li 9 ,, COUNTY OF 7 G1 1 4 /iUG`F On this ' -4 " day of 0 ECFtic f it 2016, before me the person whose name is subscribed above, and who produced 4 EG F as identification, acknowledged that he /she is the person who executed the above Amendment for the purposes therein contained. _ d± Notary Public H(( tt Print Name My commission expires: 6WO,A Seal 4:1::: MARSHALL F. HAARIS .., % MY COMMISSION r FF 218677 1 M Boncied 2019 t derwilew Exhibit 9 SUNGARD° PUBLIC SECTOR Add -On Quote Quote Prepared By: Quote Prepared For: Chris McAtee Karen Pleasant, Application Analyst 1000 Business Center Drive Monroe County Growth Management Division Lake Mary, FL 32748 2798 Overseas Hwy Phone: (800) 727 -8088 Fax: (407) 304 -3301 Marathon, FL 33050 Email: chris.mcatee @sungardps.com (305) 289 -2505 Quote Date Valid Until Q- 00023235 10/19/2018 11/30/2016 Third Party License Fees Quantity Ext Price Maintenance Product Code Product game 10.00 xt Price 432.00 FOURJS -RUN Four Js Runtime Totals: $2,700.00 $432.00 Product & Services Third Party License Fees: $2,700.00 Subtotal: $2,700.00 Total: $2,700.00 Third Party Maintenance: $432.00 Payment terms as follows, unless otherwise notated below for Special Payment Terms by Product: License, Project Management, Consulting, Technical Services, Conversion, 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. Custom Modifications, System Change Requests or SOWs for customization, and Third Party Product Implementation Services 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, tf requested, will be invoiced at then - current rates. Any shipping charges shown are estimated only and actual shipping charges will be due upon invoice, upon delivery. SunGard Public Sector • Exhibit SunGard Public Sector Application Annual Support: Customer Is commftted to the initial term of Maintenance and Support Services for which the support fee is included in the License fee(s)..Support fees shown are for the second term of support 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. 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 there, 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 term(s) of support shall be as provided by the third party to Customer. Additional Terms: This Quote constitutes an Amendment to the Software License & Services Agreement and the Maintenance /Support Agreement (together, the "Contract and Agreement') by and between the parties hereto. The product and pricing information detailed above comprises the 'Exhibit 1' schedule or 'Supplement' attached to this Amendment. Except as otherwise provided herein, all terms and conditions of the Contract and Agreement shall remain in full force and effect. Ally interfaces listed above are interfaces only. Customer shall be responsible for obtaining the applicable software, hardware and system software from the appropriate third party vendor. The Component Systems identified above are 'Licensed Programs' or 'Licensed Systems` licensed by SunGard Public Sector and are provided in and may be used in machine - readable object code form only. 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 Public Sector Corporate Travel and Expense Reimbursement Policy. The date of delivery Is the date on which SunGard Public Sector delivers, F.O.B. SunGard Public Sector's place of shipment, the Component 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. This Agreement is based on the current licensing policies of each third party software manufacturer as well as di hardware manufacturers. In the event that a manufacturer changes any of these respective policies or prices, SunGard Public Sector reserves the right to adjust this proposal to reflect those changes. SunGard Public Sector Exhibit 1 Should Customer terminate this agreement per any "Term of Contract" Section of the Contract and Agreement, as may be applicable for certain customers, Customer agrees to pay, immediately upon termination, the remaining balance for all hardware, software, and services delivered prior to the termination date together with travel reimbursements, if any, related to the foregoing. Notwithstanding any language in the Contract and Agreement to the contrary, the purchase of support services Is NOT necessary for the continuation of Customer's License. Pricing for professional services provided under this quote 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 Pubtic 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. SunGard Public Sector Exhibit 2 SUNGARD` - PUBLIC SECTOR . Add -On Quote Quote Prepared By: Quote Prepared For: Chris McAtee Karen Pleasant, Application Analyst 1000 Business Center Drive Monroo County Growth Management Division Lake Mary, FL 32746 2798 Overseas Hwy Phone: (800) 727 -8088 Fax: (407) 304 -3301 Marathon, FL 33050 Email: chris.mcatee@sungardps.com (305) 289 -2505 Quote Date Valid Until Q- 00021723 10/19/2016 11/3012016 Third Party License Fees Product Code Product Name Quantity Ext Price Maintenance FOURJS -DR Four Js Disaster Recovery Compiler 1.00 480.00 76.80 FOURJS- RUN -DR Four Js Disaster Recovery 65.00 1,950.00 312.00 MKST MKS SQL 1.00 2,710.00 433.60 Totals: $5,140.00 $822.40 Product & Services Third Party License Fees: $5,140.00 Subtotal: $5,140.00 Total: $5,140.00 Third Party Maintenance: $822.40 Payment terms as follows, unless otherwise notated below for Special Payment Terms by Product: License, Project Management, Consulting, Technical Services, Conversion, Third Party Product Software and Hardware Fees are due upon execution of this Quote Order. Training fees and Travel & Living expenses are due as incurred monthly. Installation is due upon completion. Custom Modifications, System Change Requests or SOWs for customization, and Third Party Product Implementation Services fees are duo 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- currentrates. Any shipping charges shown are estimated only and actual shipping charges will be due upon invoice, upon delivery. SunGard Public Sector • Exhibit 2 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)..Support fees shown are for the second term of support 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. 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 he 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. Additional Terms: This Quote constitutes an Amendment to the Software License & Services Agreement and the Maintenance/Support Agreement (together, the 'Contract and Agreement') by and between the parties hereto. The product and pricing information detailed above comprises the 'Exhibit 1' schedule or 'Supplement' attached to this Amendment. Except as otherwise provided herein, all terms and conditions of the Contract and Agreement shall remain in full force and effect. Any interfaces listed above are interfaces only. Customer shall be responsible for obtaining the applicable software, hardware and system software from the appropriate third party vendor. The Component Systems Identified above are 'Licensed Programs' or "Licensed Systems` licensed by SunGard Public Sector and are provided In and may be used in machine - readable object code form only. 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 govemed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy. The date of delivery is the date on which SunGard Public Sector delivers, F.O.B. SunGard Public Sector's place of shipment, the Component 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 ail 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 Customer's 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. SunGard Public Sector • Exhibit 2 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 Public Sector reserves the right to adjust this proposal to reflect those changes. Should Customer terminate this agreement per any "Tenn of Contract" Section of the Contract and Agreement, as may be applicable for certain customers, Customer . agrees to pay, immodiatety upon termination, the remaining balance for all hardware, software, and services delivered prior to the termination date together with travel reimbursements, if any, related to the foregoing. Notwithstanding any language In the Contract and Agreement to the contrary, the purchase of support services Is NOT necessary for the continuation of Customer's License. , Pricing for professional services provided under this quote 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. • • • SunGard Public Sector • _ 303590 A d CERTIFICATE OF LIABILITY INSURANCE DATE IMOMDD"'"" 1/312017 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 POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 18 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PA°0UC Manta Certificate Request Team Commercial Lines • (404) 923.3700 P" - Wells Fargo Insurance Services USA, Inc. WC E MI: 404-923-3700 (Ng. Nel: 877 - 362.9069 3475 Piedmont Road NE. Suite 800 Loftus alloeArequest ®weAstargo.eom Atlanta, GA 30305-2886 wiRlElgs) AFFORDING COVERAGE NAIL • INSU ACE E American insurance Company 22667 INSURED INSURER ACE Fire Underwriters Ins. Co. 20702 Fidelity National Information Services, Inc. 8 its Subs. INSURER C, Agri General Insurance Company 42757 Corporate Risk Management Dept c/o FNIS elsurlER D; Lloyd's of London 601 Riverside Avenue, Bldg 1 INSURER American Horne Assurance Company 19380 Jacksonville, FL 32204 INSURER P, COVERAGES CERTIFICATE NUMBER: 11273924 REVISION NUMBER: See below 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 REQUIREMENT 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 POLICES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE IWD,IMIDDI POUCYNUMBER P Qe E YYYY1 McLO YYYYr LM1RS X COMMERCIAL GENERAL IWrm A X HDOG27861519 01/01/2017 01101/2018 EACHOCCuRRENCE 5 1,000.000 1 CLAIMS-MADE I X OCCUR ,eft. S0(E_�NiED s 1.000.000 • X Host Liquor Liability MED EXP fAny one person) S 0 PERSONAL & AOV NJURY S 1,000.000 GENL AGGREGATE LIMIITAPPLESPER GENERALAGGREGATE 2.000,000 X POLICY JECT ( 1 LOC 1 1 PRODUCTS • COMP.OP AGG - S 2.000.000 Whet I 1 • 5 -° - • _. A AUTOMOBILELIA5IUTY X ISA H09053669 01/01/2017 01/01/2018 EP=r41314 LMIT s 2.000000 X ANY AUTO ; BODILY INJURY (Per person) 5 _ - © AUT S _, SCHEDULED a BODILY INJURY (Per accident) s HIRED X NON -OWNED I'' M _ " ` S AUTOS ONLY AUTOS ONLY pp_ amy,y s UMBRELLA LAB I 1 occuR EACH OCCURRENCE t EXCESS LAB l i CLAIMS.MADEJ AGGREGATE S — I DED 1 1 RETENTIONS 1 5 • A ANDEwLO Lwa1Lm Y N WLR C49109234 01/01/2017 01/01/2018 X I eTwTUTE 1 1 ER ANYPROPRETORIPARTNERIEXECUT E 1.000,000 B OFFICERAAEMBEREXCLUDE07 C N1A SCF C49109258 01/01/2017 01/01/2018 . E. L EACH s • 0 s le NH) RA E L. DISEASE - POLICY iser WLR 049109246 01 /01/2017 01 /01/2018 EL DISEASE.EAEMPLOYEE s 1.000,000 ON OF O PETIONS bebw 1.11111T S 1.000.000 D • E OO W13210160501 11/09/2016 11/09/2017 st,003.000 ' DESCRIPTION OF OPERATIONS r LOCATIONS 4 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached *mote specs is malted) Additional Named Insured: SUNGARD DATA SYSTEMS INC., SUNGARD CAPITAL CORP. Its Companies 8 Subsidiaries. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS is included as an additional insured for General Liability coverage If required by contract, but only with respell to activities or obligations performed under the contract and only to the limits required by the contract per the terns and conditions of the policies. , �, "Fill a - , ►0� � of w - Irr CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOARD OF SHOULD ANY OF THE ABOVE DESCRIBED POUCIES SE CANCELLED BEFORE COUNTY COMMISSIONERS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: MAYRA TEZANOS 1100 SIMONTON STREET AUTHORQEDREPREIENTATIVE KEY WEST FL 33040 9� "' The ACORD name and logo are registered marks of ACORD 01985-2015 ACORD CORPORATION. All rights reserved. ACORO 2512015/03) I� rasa eywee =Mewl 1 $2*$$ irm1 s, $2l012011) CID 303590 SID:11273924 Certificate of Insurance (Con't) OTHER Coverage INSR TYPE OF INSURANCE ADDS. WVD POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE UMIT LTR INSR SUBR (MMIDDMf) (MMIDDIYY) E BLDGBPPIBI 044065047 01/01/2017 01101/2018 55.000 000 Lou Writ Certificate of Insurance-Can't