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10/19/2016 AgreementCounty of Monroe The Florida Keys 40 Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street, Suite 205 Key West, FL 33040 (305) 292 -4441 — Phone (305) 292 -4544 - Fax MEMORANDUM BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tern George Neugent, District 2 Danny L. Kolhage, District 2 David Rice, District 4 Sylvia J. Murphy, District 5 TO: Cheryl Robertson — Executive Assistant FROM: Lindsey Ballard, Aide to County Administrator DATE: November 2, 2016 SUBJECT: Small Contracts approved at 10/19/2016 BOCC Meeting. Item P5 Ratification of two (2) small contracts signed by the County Administrator. Item P6 Ratification of Thomas Murray & Associates Small Contract signed by the County Administrator for the amount of $10,500.00. These are both small contracts that are for your records only. Enclosures: GHD Services, Inc. — 1 Copy ESRI — 1 Copy Thomas Murray & Associates — 1 Copy Thank you, Lindsey GL' - �, L 72 r - =1'_ a7 GL' • ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: ESRI Am Contract# Effective Date: September 14, 2016 Expiration Date: September 19, 2017 Contract Purpose/Description: ArcGIS Server Installation and Configuration Support Services will provide onsite services to assist in Server upgrade to 10.4.1 hardware/ software configuration to support County GIS /IT Property App GIS staff. To configure one-way replication of parcel. As per quote#P16-17760 Contract is Original: N / A Contract Manager: Alan MacEachem 8 i Information Technology/; (Name) (Ext.) (Department/Stop #) CONTRACT COSTS Total Dollar Value of Contract: $ 17,000.00 Current Year Portion: $ 17,000.00 (must be less than$50,000) (If multiyear agreement then requires BOCC approval,unless the total cumulative amount is less than $50,000.00) Budgeted? Yes X No ❑ Account Codes: 001-05002-530340 Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed eviewer Department Head Yesn No❑ Risk Management 6-A Yesn Non' qd5-A, O.M.B./Purchasing J ) YesI I NoEr A,p, Jk1 ie 9(t sJ 1 County Attorney C/I J I Cp Yes No ] 2,„/„ :actE--,6ann,C69 D 0 i M 3/J(4, Comments: OMB Form Revised 2/27/01 MCP#2 ArcGIS Server Installation and Configuration Support Services Prepared for: Alan MacEachern, IT Director Monroe County BOCC Information Technology 102050 Overseas Highway, MM 102.5 Key Largo, FL 33037 September 14, 2016 Esri Quote Number: P16 -17760 380 New York Street Redlands, California 92373 -8100 usn T 909 793 2853 Introduction: The IT and GIS Departments for the County of Monroe, Florida (County) has requested Environmental Systems Research Institute, Inc. (Esri) Professional Services to provide installation and configuration services for assisting the County with modernizing their ArcGIS Server implementation, provide geodatabase replication support to the Monroe County Property Appraiser's GIS staff as time permits, and ad -hoc ArcGIS Server and ArcGIS Online as time permits. The quote below describes the scope of services, schedule, pricing, terms and conditions, and purchasing instructions. Scope of Services: ArcGIS Server Installation and Configuration Support Services (Custom Services Package) Esri will provide onsite consulting services to assist County with installation and configuration support of ArcGIS Server 10.4.1 on new County VM hardware and provide best practices and knowledge transfer support as time permits. Esri will also provide consulting support to the GIS staff of the County Property Appraiser (PA) to assist with configuration of one -way geodatabase replication from the County PA to the County GIS /IT ArcGIS Server implementation. Esri will provide ad -hoc ArcGIS Server and ArcGIS Online web app configuration and support as time permits. It is anticipated that consulting services will include the following topics: • Review the current ArcGIS for Server hardware /software environment • Review the existing (pre- upgrade) hardware /software environment to understand dependencies, existing users, roles, permissions, etc. for database access • Provide ArcGIS Server 10.4.1 upgrade installation and configuration support to the County GIS /TT staff • Review and provide ArcGIS Server 10.4.1 upgrade installation and configuration support to the County PA GIS staff and work to configure one -way replication of the parcels feature class from the PA GIS to the County GIS ArcGIS Server implementation • Provide ad -hoc ArcGIS Server and ArcGIS Online consulting support services including best practices, tips and tricks, and knowledge transfer as time permits Consulting services will be provided as a Custom Services Package by 1 Esri consultant for up to five 5 consecutive business days onsite at County's facilities in Key West, Florida. The Esri consultant will work with direction from County's technical staff and management. Esri Responsibilities • Provide one unit of the Custom Services Package as described above. County Responsibilities • Communicate project needs and priorities to the Esri Consultant. P16 -17760 —Monroe County, FL — ArcGIS Server Installation and Configuration Support Services 1 September 14, 2016 RQT16GI04 • Provide the Esri Consultant with access to systems environment and databases, as required. • Provide appropriate staff to direct support activities. • Provide single point -of - contact with administrative access. Assumptions • Esri staff will have access to server accounts with administrative privileges (temporary administrator accounts or assigned resource to work closely with Esri) where appropriate. • County will provide Esri consultant representative sample data for remote development and testing purposes • Consulting support and knowledge transfer will be provided as a collaborative learning effort between Esri and County, and will not be provided in formal training session format. • Onsite support days shall be limited to no more than eight working hours per day. • Pricing assumes the onsite activities will be staff from Esri's St. Charles, Missouri office with one round trip of travel to County's facilities in Key West, Florida. Schedule: The schedule will be mutually agreed upon between County and Esri within 10 days after contract award. Esri understands the importance and timeliness of this effort, and will endeavor to meet County's schedule goals. Pricing: Services Package pricing is inclusive of preparation time, airfare, per diem, travel expenses, and other related ODCs. Support will be staffed by a U.S. -based Consultant /Technical Designer. The support provided under this Services Package must be expended within a period of twelve (12) months from when valid Purchase Order is received. The Services Packages outlined in the table below will be provided on a firm -fixed -price (FFP) basis with the deliverable strictly being consulting time. Pricing assumes that the work described in this quote will be conducted according to the schedule outlined in the Schedule noted above, and receipt of a valid Purchase Order prior to October 31, 2016. If this schedule should vary, Services Package pricing may be subject to change. County will be invoiced in full for the Services Package ordered following the issuance of a valid Purchase Order. Invoices are to be paid within 30 days of receipt. This quote is effective through October 31, 2016, and is exclusive of any applicable state and local taxes for which County will remain responsible. P16-17760— Monroe County, FL — ArcGIS Server Installation and Configuration Support Services 4 August 31, 2016 RQTIM104 The following Table shows the pricing details for the quote services. Pricing Details Activity Description Total USD QTY1: Custom Services Package for ArcGIS Server Installation and Configuration Support $17,000 Total Firm Fixed Price $17,000 Terms and Conditions: By purchasing these services, the County agrees to the Implementation Services Agreement No. 312439 for Services Packages, which is attached and incorporated herein by reference. Purchasing: To order these services as quoted, please email the following items to Andy Potts at apotts(&esri.com or fax to (909) 798 -2003. 1. Purchase Order: • In the amount of the Total FFP above • Referencing this Quote No. P 16 -17760 dated September 14, 2016 2. A copy of this quote, and the attached Agreement No. 312439, signed by an authorized member of the County. When we receive these completed documents, Esri will contact you to discuss staff assignment and schedule. We look forward to supporting you. Contact: Andy Potts Professional Services Manager Esri Implementation Services 3325 Springbank Ln, Suite 200 Charlotte, NC 28226 Tel #: (704) 541 -9810 Fax #: (704) 541 -7620 Email: apotts(&esri.com www.esri.com P16-17760— Monroe County, FL — ArcGIS Server Installation and Configuration Support Services 4 August 31, 2016 RQT160100 Copyright © 2016 Esri All rights reserved. Printed in the United States of America. Notice of Proprietary Information: The information in the attached document is proprietary to Esri and contains commercial or financial information or trade secrets that are confidential and exempt from disclosure to the public under the Freedom of Information Act. This information shall not be disclosed outside of Customer's organization (except for consultants under a confidentiality obligation who are involved in the proposal evaluation process) without Esri's prior permission, and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this proposal. If, however, a contract is awarded to Esri as a result of this information, the Customer shall have the right to duplicate, use, or disclose the data to the extent provided in the contract. This restriction does not limit the Customer's right to use information contained in this data if it is obtained from another source without restriction. Esri, the Esri globe logo, ArcGIS, esri.com, and other Esri marks used in this document are trademarks, service marks, or registered marks of Esri in the United States, the European Community, or certain other jurisdictions. Other companies and products or services mentioned herein may be trademarks, service marks, or registered marks of their respective mark owners. • sesn IMPLEMENTATION FOR SERVICES PACKAGES NT N0.312439 Esri, 380 New York St., Redlands, CA 92373 -8100 USA • TEL 909 - 793 -2853 • FAX 909 - 793 -59 1. DEFINITIONS "Commercial Off -the -Shelf Software" or "COTS Software" means all or any portion of Esri's proprietary software technology accessed or downloaded from an authorized Esri website or delivered on any media, in any format, including backups, updates, service packs, patches, hot fixes, or permitted merged copies, available under license to the general public. "Map Data" means any digital dataset(s) including geographic, vector data, coordinates, raster, or associated tabular attributes supplied by either party for use in the performance of this Agreement. "Services" means consulting support being performed by Esri on a time and materials basis in exchange for compensation from Monroe County. "Services Output" means any work product produced by Esri as a result of Services provided under this Agreement. Services Output can include, but is not limited to, reports, training materials, and custom software code. "Services Package(s)" means a predefined unit of Services provided at a firm fixed price, as stated in Esri's proposal. 2. OWNERSHIP AND GRANT OF LICENSE made to the Esri address identified on the Esri invoice. For Services provided beyond the period of performance proposed or provided in a new calendar year, Esri reserves the right to increase the Services Package price in accordance with Esri's most current price schedule. Esri's obligation for completion of the Services proposed is limited to the hours outlined in the Services Package descriptions within Esri's statement of work. If additional time is required to complete Monroe County's goals or activities set forth in the applicable statement of work, Esri and Monroe County will amend the Purchase Order /ordering document, as mutually agreed, by increasing the quantity of Service Packages ordered and issuing a new or amended Purchase Order /ordering document. Esri may, at its sole discretion, stop work to avoid exceeding the total hours allotted in a specific Services Package. Unused labor hours or travel remaining after the performance of a Services Package will expire and not be available for performance at a later date. If funded Services Packages have not been performed within twelve (12) months of the Esri invoice date, the Services Package will expire, and no refund will be provided. Any amendment to the Purchase Order /ordering document to add Services Packages will not affect the rights or obligations of the parties under this Agreement. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES Except as specifically granted in this Agreement, Esri owns and retains all rights, title, and interest in Services Output. Subject to the terms and conditions in this Agreement, Esri grants to Monroe County a nonexclusive, royalty -free, worldwide license to use, modify, and /or reproduce Services Output in connection with Monroe County's authorized use of Esri's COTS Software. 3. PATENTS AND INVENTIONS Esri and Monroe County will retain title to any inventions, innovations, and improvements ( "Inventions ") made or conceived solely by its principals, employees, consultants, or independent contractors ( "Inventors ") during the term of this Agreement. Esri and Monroe County will jointly own any Inventions made or conceived jointly by Inventors from both parties. Where Inventions are jointly owned, each joint owner will share equally the costs of acquiring protection for the Inventions and furnish the other joint owner with assistance reasonably required for acquiring protection. Neither Esri nor Monroe County may license, transfer, or sell its interest in jointly owned Inventions without the written consent of the other party, which will not be unreasonably withheld. 4. COMPENSATION Esri will perform and invoice Services on a firm fixed price basis, and the deliverable will be consultation time. Esri will invoice Monroe County for all Services Packages ordered upon receipt of a valid Monroe County Purchase Order /ordering document. The Purchase Order /ordering document will confirm the quantity and price of the Services Packages ordered, as described in Esri's proposal or quotation, and will reference Monroe County acceptance of this terms and conditions document. Esri standard payment terms are net 30 days from receipt of an Esri invoice. Payment will be Esri warrants for a period of ninety (90) days from the date of performance that Services will substantially conform to the professional and technical standards of the software industry. If Services do not substantially conform to these standards, Monroe County may require Esri to reperform Services at no additional cost to Monroe County. Services Output is provided as is without warranty of any kind. Disclaimer of Warranties With the exception of the limited warranty set forth in this Article, Esri disclaims and this Agreement expressly excludes all other warranties, express or implied, oral or written, including, without limitation, any and all warranties of merchantability or fitness for a particular purpose. In addition to and without limiting the preceding paragraph, Esri does not warrant in any way Map Data. Map Data may not be free of nonconformities, defects, errors, or omissions; be available without interruption; be corrected if errors are discovered; or meet Monroe County's needs or expectations. Monroe County should not rely on any Map Data unless Monroe County has verified Map Data against actual data from documents of record, field measurement, or observation. 6. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY In no event will Esri be liable to Monroe County for procurement of substitute goods or services; lost profits; lost sales; business expenditures; investments; business commitments; loss of goodwill; or any indirect, special, exemplary, consequential, or incidental damages arising out of 153631)(M), Agreement No. 312439, JTD, 9/14/2016 Page I oft 08/14/2014 or related to this Agreement, however caused or under any theory of liability, even if Esri has been advised of the possibility of such damages. Esri's total cumulative liability under this Agreement, from all causes of action of any kind, will in no event exceed the amount actually paid by Monroe County for services under this Agreement from which the liability directly arose. 7. CONFIDENTIALITY Subject to the Chapter 119 of Florida Statutes, Services Output is Esri confidential information, and Monroe County will preserve and protect the confidentiality of Services Output. Monroe County agrees not to reverse engineer or decompile custom software delivered in object code, executable code, or similar formats (collectively, "Secure Formats "). For custom software delivered in source code or other human - readable formats, Monroe County will have met its obligations under this provision if its disclosure of custom software is limited to custom software in Secure Formats, provided that the means for reverse engineering, decompiling, or disassembling the custom software is withheld from such disclosure, and the person or entity in receipt of the custom software similarly agrees not to perform the prohibited acts described above or allow others to do so. Except as provided in the preceding paragraph, and subject to Chapter 119 of Florida Statutes, Monroe County will not disclose Services Output to third parties without the advance written consent of Esri. Monroe County may make disclosures to Monroe County's employees to the extent reasonably required to allow Monroe County to use Services Output in a manner authorized under the applicable software licenses. Before disclosing all or any portion of Services Output to employees or third parties as permitted in the preceding sentence, Monroe County will inform its employees or third parties of the obligations in this Agreement and obtain their agreement to be bound by them. Monroe County must comply with Article 8 in making any permitted disclosures. 8. EXPORT CONTROLS Monroe County must comply with all applicable laws and regulations of the United States including, without limitation, its export control laws. Monroe County expressly acknowledges and agrees not to export, reexport, transfer, or release Services Output, in whole or in part, to (i) any US embargoed country (including to a resident of any US embargoed country); (ii) any person on the US Treasury Department's list of Specially Designated Nationals; (iii) any person or entity on the US Commerce Department's Lists of Parties of Concern; or (iv) any person or entity where such export, reexport, or provision violates any US export control laws or By: v"w"� Print Name: Cyi Vl f - h of th i-N regulations including, but not limited to, the terms of any export license or licensing provision and any amendments and supplemental additions to US export laws. 9. GENERAL PROVISIONS 9.1 Nonsolicitation. Neither party will directly solicit for hire any employee of the other party who is associated with Services called for under this Agreement during, and for a period of one (1) year after, project completion. In the event this provision is breached, liquidated damages equal to twelve (12) months of the employee's compensation, plus any legal expenses associated with the enforcement of this provision, will be paid by the breaching party to the aggrieved party. The foregoing will in no way restrict the parties from publicly advertising positions for hire in newspapers, professional magazines, or Internet postings. 9.2 Taxes. Services are quoted exclusive of all state, local, value - added, or other taxes; customs; duties; or other charges (other than income taxes payable by Esri). In the event such taxes and/or charges become applicable to Esri's Services or Services Output, Monroe County will pay the applicable tax upon receipt of written notice that it is due. 9.3 UCC Inapplicability. Services provided under this Agreement will not be governed by the Uniform Commercial Code (UCC) and will not be deemed "goods" within the definition of UCC. 9.4 Order of Precedence. These terms and conditions will take precedence over any Monroe County terms and conditions included in Monroe County ordering or authorizing documents, such as purchase orders. Any additional terms or conditions in Monroe County ordering or authorizing documents will be void and may be incorporated into this Agreement only by written amendment signed by both parties. 9.5 Equitable Relief. In the event of a breach, in addition to any and all remedies at law, Esri and Monroe County may have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction to prevent violation of these terms. 9.6 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Florida without reference to its conflict of laws principles. 9.7 Entire Agreement. This Agreement is the sole and entire agreement of the parties for Services and supersedes any previous agreements, understandings, and arrangements (including any purchase order terms and conditions) between the parties relating to the subject matter. Date: S�Dttm (S ay lb Phone: (3D) 3�0 a J 44+1 Organization ( "Customer "): MONROE COUNTY BOCC INFORMATION TECHNOLOGY Address: 102050 OVERSEAS HIGHWAY NM 102.5 City: KEY LARGO State: FL ZIP Code: 33037 Incorporating by reference Esri Quote Number P16 -17760 Dated September 14, 2016 Quote Description: ArcGIS Server Installation and Configuration Support Services G363D(M), Agreement No. 312439, JTD, 9/14/2016 Page 2 oft - ✓ . t I} 08/14/2014 : N 1 X1115 //IV ;