Item B06BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21, 2013 Public Works/Engineering
Bulk Item: Yes X No Department: J Solid Waste Management
Staff Contact: Rosa Washington/292 -4432
AGENDA ITEM WORDING: Approval of Amendment to Agreement with Carolina Software, Inc.
(CSI) regarding upgrade of WasteWORKS Software used by Solid Waste Management.
ITEM BACKGROUND: Since 1999, Solid Waste Management and the three transfer stations have
utilized WasteWORKS software. Recently the software was upgraded to WasteWORKS — SQL which
is more efficient and effective, and provides staff with the ability to create real time reports.
PREVIOUS RELEVANT BOCC ACTION: Approved original agreement with CSI on May 12,
1999.
CONTRACT /AGREEMENT CHANGES: Specifies current number of licensed users, cost if
additional users are added, and effective October 1, 2013, increases software support and
maintenance fees from $350 /quarter to $500 /quarter.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $ 2,000 /yr. INDIRECT COSTS: N/A BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: Same SOURCE OF FUNDS: Solid Waste Assessments and tipping fees.
ees.
REVENUE PRODUCING: Yes No X AMOUNT PER YEAR: 0
APPROVED BY: County Atty. OMB/Purcha ing Risk Management N A
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Carolina Software, Inc. Contract #
Effective Date:
Expiration Date:
Contract Purpose /Description: Amendment to WasteWORKS software license and
maintenance agreement to specify current number of licensed
users, cost if additional users are added, and effective
10/1/2013, increases software support and maintenance from
$350 /quarter to $500 /quarter.
Contract Manager: Rosa Washington 4432 SW Mgmt. - #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on August 21, 2013 Agenda Deadline: August 6, 2013
CONTRACT COSTS
Total Dollar Value of Contract: $2,000
Budgeted? Yes® No ❑
Grant: $
County Match: $
Current Year Portion: $ -0-
Account Codes: 414 - 40000- 530524
ADDITIONAL COSTS
Estimated Ongoing Costs: $ n/a /yr. For:
(Not included in dollar value above) (e.g., maintene
util
etc.
CONTRACT REVIEW
Changes
Date In Needed
,_,/
Division Director 3 Yes❑ NoL�
Risk Management Yes❑ NoE
PU
O.M.B. /Purcliasing 1 6-1 - IS Yes❑ No �C❑
County Attorney t� C� Yes❑ No[J
Comments:
Date Out
Reviewer
i
I
1
Amendment to Agreement
(WasteWORKS Software License & Maintenance Agreement)
This amendment to agreement is entered into this day of
2013, by and between CAROLINA SOFTWARE, INC., hereafter "CSI" and the MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of
Florida, hereafter "County," in order to amend that certain agreement dated May 12, 1999,
as follows:
WHEREAS, Monroe County Solid Waste Management recently upgraded its transfer
station software with CSI to WasteWORKS -SQL Software; and
WHEREAS, this improved version is more efficient and effective and provides staff with
real time reporting capabilities; now, therefore
Effective October 1, 2013, the original agreement between the parties dated May 12,
- - - - 199%4s- hereby amended to -read ash Row-s: - — – - - -- _._ - -- -- - -- - - - -- — -
1. On page 2, the paragraph titled "Number of Licensed Users" is amended to read as
follows:
"Number of Licensed Users:
• One (1) WasteWORKS -SQL Site License (one server, up to S users) covers
Central Server, Office and Three Remove Transfer Stations;
• Additional users (if needed) are $500 each; and
• Three (3) synchronization Manager [per additional server (remote sites)]
covers Remote Servers."
2. The final paragraph on page 2 titled "Software Support & Maintenance Fee" is
amended to read as follows:
"Software Support & Maintenance Fee: $500 per quarter.
3. In all other respects, the original agreement between the parties remains in full
force and effect
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day
and year first written above.
(Seal) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, CLERK
Lin
Mayor /Chairman
Deputy Clerk
INC.
MONROE COUNTY ATTORNEY
A PPROVED AS TO FORM: By t
CHRISTINE M. LIMBE RT-BAR ROWS Title i' Lp - side
ASSISTAt4T COUNTY ATTORNEY Date
Date 1•�?(nIl "'� lb-
Carolina Software Inc
WasteWORKS SOFTWARE LICENSE S MAINTENANCE AGREEMENT
Grant of License: Carolina Software Inc.(CSI) hereby grants Monroe County Board of County
Commissioners (Licensee) a non - exclusive and non - transferable license to use the Licensed
Software. Your right to use the Licensed Software terminates upon the violation of any
provision of this License. If any provision of this License shall be held to be
unenforceable, such holding shall not affect the enforceability of any other provisions
hereof. The Licensed Software is the WasteWORKS computer program and associated materials
and documentation.
Number of Licensed Users:
NETWORKS: Each Network License purchased entitles the Licensee to use WasteWORKS on
one(1) Network and on only one(1) file server by no more than the number of users
specified by the license fee. If Licensee starts using WasteWORKS with fewer than the
User Limit and increases availability of WasteWORKS to more than the User Limit, Licensee
must purchase the appropriate number of additional Network Licenses to comply with these
terms.
SINGLE USERS: If Licensee has not purchased a version of WasteWORKS that is clearly
designated as a Network Version, the Licensed Software may not be used on a network or
otherwise used simultaneously on more than one computer or processor unless Licensee
purchases additional licenses for each multiple simultaneous use.
Proprietary Rights: Licensee agrees to take all necessary steps to ensure that the
provisions of this License are not violated by Licensee or by any person under your
control or in its service, and Licensee shall cause or permit no such person to
disassemble, reverse compile or tamper with the Licensed Software. All copyright, patent,
trade secret, trademark and other intellectual and proprietary rights in the Licensed
Software are and shall remain the valuable property of CSI.
Reproduction and Copyrights: Portions of the Licensed Software are entitled to protection
under the Copyright Laws. Licensee may not copy, allow anyone else to copy, or otherwise
reproduce any part of the Licensed Software without the prior written consent of CSI,
except for backup purposes or according to the copy procedure specified in the User
Manual. Licensee may not remove or omit any copyright or other proprietary notices from
the Licensed Software. Ownership of all copies is retained by CSI.
Nonappropriation: This contract is contingent upon an annual appropriation by the Monroe
County Board of County Commissioners(Board). Should the Board, in its discretion, fail to
annually appropriate sufficient funds to meet Monroe County's obligations under this
contract, then this contract will terminate with neither party under any futher duty,
liability or obligation to the other except that Monroe County must promptly return the
licensed software to Carolina Software, Inc.
Limited Warranty, Disclaimer and Limitation of Liability: CSI warrants that the unaltered
Licensed Software essentially conforms to the documentation and is without material
defects. Due to the complex nature of computer software, CSI does not warrant that the
Licensed Software is completely error -free, will operate without interruption or is
compatible with all equipment or software configurations. CSI MAKES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE, ITS MERCHANTABILITY OR ITS
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL CSI BE LIABLE FOR INDIRECT OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, USE OR INFORMATION,
NOR SHALL THE LIABILITY OF CSI EXCEED THE INITIAL LICENSE FEE PAID FOR THE LICENSED
SOFTWARE.
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Carolina Software Inc
WasteWORKS SOFTWARE LICENSE & MAINTENANCE AGREEMENT Page 2
Year 2000: CSI represents and warrants that WasteWORKS is Year 2000 compliant.
WasteWORKS will accurately process date /time data (including, but not limited to,
calculating, comparing, and sequencing) from, into, and between the 20th and 21st
centuries, and the year 1999 and 2000, and accurately performs leap year calculations fQr
the year 2000 and into the 21st century. In addition:
WasteWORKS will not end operation abnormally or provide invalid or incorrect results as a
result of processing date data.
No acceptable value for current date will cause interruptions in normal operations of
systems using WasteWORKS.
All manipulations of time - related data(dates, duration, days of week, etc.) will produce
the desired results for all valid date values within the operational date range specified
for WasteWORKS.
Date elements in interfaces and data storage for WasteWORKS will permit specifying the
century or use unambiguous algorithms to eliminate date ambiguity. For any date element
represented without a century value, WasteWORKS will unambiguously determine the correct
century for all manipulations involving that element. In addition, interface
documentations will clearly describe how the correct century value is determined.
WasteWORKS will accurately processes date /time data with other Year 2000 compliant devices
whenever such data is exchanged in accordance with the device's documented interface
specification.
CSI will provide the County, at no additional charge with (i) fixes, corrections and
updates to WasteWORKS that are necessary to ensure Year 2000 compliance, as defined
herein, and (ii) advice, consultation and assistance to use the WasteWORKS software and
diagnose and correct Year 2000 Compliance problems that may exist with WasteWORKS.
Initial License Fee: $13,300.00
Number of Licensed Users: Three single user and one network license.
Initial Installation and Training: $500 /day plus expenses.
Software Support & Maintenance: CSI will provide voice and /or dial up support 24 hours /7
days in Atlantic thru Alaskan time zones. Licensee is responsible for user(s) having
adequate training. CSI will provide Licensee with new releases of the Licensed Software
as revisions or enhancements are available. CST charges a fee for Software Support &
Maintenance. This fee is billed on a quarterly basis at the beginning of January, April,
July and October and is prorated for the first quarter from the first day of actual use of
Licensed Software after the first 90 days. At least 90 days prior to the beginning of the
fiscal year of the Licensee, CSI will notify the Licensee in writing of any increase in
the Software Support & Maintenance Fee. This increase will not exceed five percent of
previous years Software Support & Maintenance Fee OR annual increase in the Cost of Living
Index - whichever is less. AND OVED ASTOF M
S
Software Support & Maintenance Fee: $350 per quarter, e
ERT N.
This contract governed by the laws of the State of Florida. DATE
CAROLSOFTW INC Monroe County Board of County Comm sio y
* _W. • w j r . , `..
Title: ��1�SJ.C
Date:_ y 21 `7 1
Title: MGM
Date, $�
R
KOL"AGE, CLERK
FROM.: SOLID WASTE MANAGEMENT DIV PHONE NO. : 395 292 4432 Apr. 28 1999 10:33AM P3
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
C A 4 -1) t, } ^ 14 Sv PIWA t2 b IIJL, warrants that Wit has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10 -1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10 -1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, git or consideration paid to the former County officer or employee.
(signature)
Date: `V — 2 - 9 — 9 9
5TATE OF TLt,L:I
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the, space provided above on this Q day of
NOTARY PUBLIC
My commission expires: 0q- 17_2c01
ONM - MCP FORM #4
FROM : SOLID WASTE Mg4gGEhENT DIV PHONE NO. : 305 292 4432 Apr. 28 1999 1O:32AM P2
PUBUC ENTITY GRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
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illflY ! A orb Carolina Software, Inc.
feflLAM •RIPL#tll / Phone: 910-799-6767 - Fax: 910-799-1177
PO Box 3097 - Wilmington, NC - 28406
iAiA• UVEW- www.wasteworks.com
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Proposal#
WE41214
WasteWORKS Software Pricing ® -
Qty Description Unit Price Ext Price
1 WasteWORKS -SQL Site License (one server, up to 8 users) $5,000.00 $5,000.00
Covers Central Server, Office and Three Remote Transfer Stations
0 WasteWORKS-SQL - Additional Users (if needed) $500.00 $0.00
3 WasteWORKS-SQL - Synchronization Manager (per additional server (remote sites)) $950.00 $2,850.00
Covers Remote Servers
Subtotal for WasteWORKS Software License(s): $7,850.00
(Optional WasteWORKS Hardware)
0 WasteWORKS Cash Drawer Kit
$595.00
$0.00
0 Digi Portserver TS4
$699.00
$0.00
3 Development/Report writing hours for setup of automated report generation /e -mail delivery
$150.00
$450.00
(customer to provide licenses for Visual Cut software- available directly from milletsoftware.com)
Installation and Training
2 WasteWORKS installation & training days (billed at actual days)
$990.00
$1,980.00
3 Days auto meals & lodging per diem
$350.00
$1,050.00
1 Airfare (billed at actual)
$700.000
$700.00
Total cost for Software and Hardware with Installation and Training:
$12,030.00
Notes:
Mileage /Airfare will be billed at actual (if applicable).
We will install the newest version of WasteWORKS for Windows on your computers (if applicable).
We will provide training for all applicable WasteWORKS functions.
We will assist with connection between scale and computer(s) if needed.
Prices do not include shipping or sales tax, if any.
Does not include prices for any additional hardware that may be needed
This is an estimate. Prices are current for one year.
Software is not custom.
Customer to provide PC's to spec including any network connections (hubs /switches) required and all necessary COM ports.
Additional on -site days @ $990 /day plus expenses.
Prices are good for one year from receipt of Purchase Order. (updated each year)
Custom Crystal Reports can be created @ $150 hour (estimate can be provided).
WasteWORKS-SQL requires remote connectivity to all sites for Carolina Software Support Staff (i.e. VPN /Remote Desktop)
*WasteWORKS -SQL comes standard with MS SQL Server 2008 Express edition licensing (customers may choose
to provide standard MS SQL Server 2008 installation and support)
Customer to provide adequate MS SQL Server licenses for sites /databases that exceed Express license maximums - see
attached hardware sheet or MS website for limitations of SQL Server Express addition)
Customer to provide local DBA for support and maintenance of SQL databases.
Customer to validate converted data prior to go live date.
WasteWORKS Support and Maintenance increases to $500 /quarter
Carolina Software will provide replacements for any 'dead on arrival' hardware. All warranties for hardware are provided
by the manufacturer. Warranty and support information provided on existing WasteWORKS License Agreement.
All hardware is brand new. tested and pre - configured by Carolina Software (where applicable.)
OPTIONAL:
Digi Portserver 2 (connects scales to both PC's) - $575.50
Approved by:
Title
Date PO Number