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07/15/2015 AgreementAMY REAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER MONROE COUNTY, FLORIDA DATE: September 11, 2015 TO: Bob Shillinger, County Attorney ATTN: Kathy Peters FROM. • Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller C;! i At the July 15, 2015, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item S 11 Ratification of contract with Accela for software, system configuration, implementation and training to develop, implement and maintain an electronic, fully integrated BOCC meeting agenda process. Enclosed is a copy of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney Finance (electronic copy) 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 .Accela Legislative Management Government Meeting Management Software Monroe County, FL Submitted By: Kevin Strauss Business ueveloprnent Executive aooela 100 comas sweet Ronkonkoma, NY 11779 (631)389-3691 6/25/2015 Accela Accela - Legislative Management - Terms, Conditions and Pricing for Monroe County, FL 1. IMPORTANT NOTICE TO USER: Accela, Inc. ("Accela) owns all intellectual property in the software products Agendas & Minutes, Civic Streaming, Digital Boardroom, Boards & Commissions and Civic Voice (collectively 'Software'). Customer shall not modify, adapt, translate, rent, lesee or otherwise attempt to discover the Software source code. This Agreement will be governed by the laws in force In the State of Florida. L Softwom Lk . The Software subscription services and the accompanying flies, software updates, lists and documentation are licensed, not sold, to you. You may install and Use a copy of the Software on your compatible computer for the purpose of connecting to the hosted service provided by Accela as long as you are a current subscr ben and maintain your monthly or annual continued services for the applicable licenses. Except as expressly set forth herein, Accela disclaims any and all express and implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose. 3. Continued Services 3.1 Updates and Renewals. N the Software Is an Update to a previous version of the Software, you must possess a valid license to the previous version in order to use the Update. Corrections of substantial defects M the Software so tint the Software will operate as purported will be rectified by Accela. Customer ag, to Install all updates, including any its, for the Software in accordance with the Inductions provided by Axxaele. 3.2 HosdM. Accela agrees to maintain Customer data in a Tier2 datat enter and is committed to providing 99.9% uptime and availability. Accela will perform nightly backups of your hosted data to an alternate physical location. 3.3 Ownership of Data. All hosted data belongs to the Customer. At the request of the customer Accela will provide a backup of all database information and flies through a downloadable backup or DVD. Accela agrees to provide title service without charge at least once per year. 4. Payment Terms aft Fees 4.1 Term and Termination. Subscription terms are twelve (12) calendar months in duration. The initial Term of this Agreement is effective as of the date of the Customer's signature ('Effective Date? and will continue for 12 months. At the end of the initial 12 month term, Customers subscription will renew for an additional term unless terminated as provided herein. Accela reserves the night to increase the annual fees by 5% on the anniversary date of each annual renewal term. This agreement can be terminated at any time with 30 days prior written notice. 4.2 Payment Terms. Subscription Services of $1,920 par month billing Will eolnnum" on 9/1/2015. Each subsequent payment will occur on the i't of each month. Payment Terms are NET 30 Days from the Invoice date. 4.3 On-Ske Support and ExpenseL Should on -site support requiring travel by Accela staff be requested by Customer, Accela will provide on -site assistance at Aeoela's ttfern- current time- and - materials rates. In addition to these charges, Customer wilt compensate Accela for associated airfare, lodging, rental transportation, meals, and other incidental expenses as such expenses accrue and will be billed at cost and Invoiced separately. 4.4 Hardware. Hardware, 9 any, Is provided at no additional cost. Accele does not warrant any hardware. Should Accela furnish encoder hardware as part of the Civic Sireaming (fka MedlaTraq) video sbeaming service, hardware war army Is through awn ufacturer repair or replacement only. Any hardware Issues requiring new equipment not covered by the warranty will be billed to the client at cost. Any upgrades, additional encoders, etc. will be billed to client Any hardware furnished to client as part of Aooda'a services is to be returned to Accela upon termination of associated services. L Umitallon of LlabiNty. Accela will, at all times during the Agreement, maintain appropriate Insurance coverage. To the extent not offset by Its insurance coverage and to the maximum extent permitted by applicable laws, in no event will Accele's cumulative liability for any general, knddental, special, compensatory, or punlUve damages whatsoever suffered by Customer or any other person or entity exceed the fees pail to Accela by Customer during the twelve (12) calendar months immediately preceding the circumstances which give rise to such clam(s) of liability, even If Accela or Its agents have been advised of the possibility of such damages. M Acceta �� ". a OPOWN a.cttrerric'aynlerrb Services can be w pald through credit Card. By subm" your credit card Information here you agree bo allow Aoxls bo barge your monthly SaaS fee In aaoordanoe with our regular payment berms. �yue Card # Naine on Card Billing Address (StreAt, City, State, Zip) 7. P Ick 9teuCbae: rrpires SecuntyCode Description Moom Seas Anelime Agendas & Minutes - UnUmAnd ;360 / mp CWk Sbmwn q - Unlimited $720 / mo Digital Boardroom - Unlimited $720 / mo System Configuration, Implementation & Training waWed/Induded Multiple Module Dbcount* -$460 / mo Total — Monthly Sams ;1,920/ mo *The 20% dbcount vWll be applied to the nwna ft took K the agi mme - is signed and sent back to Accele 'k On a 6/30 /2015 Monroe County, FL Acceb, Inc. Sheryl Graham, Director PrltitedNeme we Social Services for: ROMAN GASTESI, County Administrator 8wimcnmect Katherine Peters, C Daryl Blowes. GM / SVP PrinW Name, We ma rie Ad ituL . County Attorney's Office, 1111 12th Street, Suite #408, Key West FL 33040 MDWOF CO'J' ' %IT Rwy Appft !�