11/01/1998 to 10/31/1999 12/09/1998 ''p00M4C`
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
MEMORANDUM
TO: Timothy J. McGarry
Acting Director of Growth Management
Attention: Isabel T.Reid, Senior Staff Assistant
FROM: Ruth Ann Jantzen R/.k2 ,
Deputy Clerk
DATE: December 23, 1998
At the December 9, 1998 County Commission Meeting,the Board granted
approval and authorized execution of a Service Agreement between Monroe County
and Harward Technical Enterprises, Inc.,aiador standard software service on
the AS/400 applications for a period of 12 months, November 1, 1998 through
October 31, 1999.
Enclosed please find a fully executed duplicate original of the above named
Agreement for return to HTE.
If you have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
County Administrator, w/o document
File
SERVICE AGREEMENT
SECTION]
1.1 IDENTIFICATION
This agreement between H.T.E.,Inc.(HTE)and Monroe County Board of County Commissioners
(Company)located at 5100 College Road,Key West,FL 33040-4399,provides for Standard Software
Service as defined in Section 2.3 for the following HTE System(s)and/or Product(s):AS/400 Building
Permits,Occupational Licenses.
1.2 TERM OF AGREEMENT
The year of service which is provided by this Agreement will extend from November I, 1998 to October 31,
1999.
0 o m -11
1.3 SUMMARY a�x t7 P-
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This Service Agreement provides to the Company: o,r
CS- c7
NEW SOFTWARE-During the covered period,the Company will receive each new En�psent3gthem
Standard Software that is issued for the System(s)and/or Product(s)listed in Section Ll•K—t= _ O
✓�
UPDATED DOCUMENTATION-Each new Standard Software release will be accomOniet'y p j an
system documentation,reflecting the software Enhancements.
STANDARD SOFTWARE-HTE will correct any problems encountered in the Standard Software during
the term of this Agreement.
A HOT-LINE SERVICE-An exclusive Hot-line is established for consult-by-phone service to Client
Services Department. A senior technical staff member is available to answer any questions or discuss system
problems of concern to the Company.
ANNUAL INVOICE-The Company will be sent an annual invoice for the Standard Software Service.
1.4 FEE
The current annual fee for the Service(for those System(s)and or Product(s)listed in Section 1.1)is
$5,065.00.This Agreement may be automatically renewed upon payment of Annual Renewal Invoice.
Prices are subject to change in future years.
1.5 This document is composed of Section I and Section 2.
HTE Service Agreement 1 Monroe Co. Service Agreement.doc
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SECTION 2
2.1 TERM
This agreement extends for a period of twelve months. Upon the beginning of paid Software Service and in
the event of conflict with the terms of the License Agreement,the terms of this Service Agreement shall
govern.
2.2 CHARGES AND TAXES
The Company agrees to pay all charges due under this Agreement. The annual fee is due and payable at the
beginning of each year. If HTE's assistance is requested by the Company to correct a suspected error in the
Standard Software program logic or documentation, and it is ultimately determined by HTE that no such
error exists,the Company shall compensate HTE for its services. Travel and personnel time will be charged
at HTE's established hourly rate of$100.00 per hour. Additionally,compensation will be expected for any
reasonable living and travel costs.
2.3 SUPPORT
HTE's policy is to make improvements in its Standard Software on a regular basis in order to maintain its
timely applicability and competitive market ability. To this end,HTE may, from time to time,make changes
in operating procedures,programming languages,general purpose library programs,timing accessibility
techniques,types of hardware supportability,and other related programming and documentation
improvements. HTE shall provide to the Company,as updates,at no additional charge,and on a timely
basis,the program logic and documentation for such Standard Software Enhancements.
2.3.1 In the event the Company notifies HTE that it suspects an error in the program logic or documentation
which prevents the continued accomplishment of the principal computing functions of the System(s)and/or
Product(s), HTE shall use its best efforts to confirm the existence of such error. If the existence of such error
is confirmed to be in the Standard Software,HTE shall correct it as part of its obligation hereunder. If it is
ultimately determined by HTE that no such error exists,the Company shall compensate HTE for its services.
This compensation shall be based upon HTE's hourly rate of$100.00 per hour,plus reimbursement for
reasonable travel and living expenses.
2.3.2 HTE's policy is to acknowledge oral or written requests from the Company to provide assistance in
identifying and detecting problems,errors,and malfunctions arising in connection with the Company's use of
HTE's computer application software systems. To assist HTE in implementing its policy,the Company shall
confirm, in writing,an oral request for specific assistance within ten(10)days after such oral request is
made. The Company shall furnish to HTE adequate supporting documentation and details to substantiate
and to assist HTE in the identification and detection of problems,errors,and malfunctions,arising from the
Company's use of the System(s)and/or Product(s).
2.3.3 If an Enhancement,provided to the Company under this Agreement, is dependent upon coding of a
previous Enhancement which the Company does not have,upon request, HTE will provide assistance by
mail or telephone in order to establish coding that will permit continuity between the Company's operating
system and the new Enhancement.
2.3.4 The Company agrees to notify HTE of the need to have a previous Enhancement in order to install a
current Enhancement.
2.3.5 In the event the Company requests any support other than that included under the terms of this
Agreement,depending upon the availability of its personnel,HTE shall use its best efforts to furnish it in
accordance with the current standard billing rates.
HTE Service Agreement 2 Monroe Co. Service Agreement.doc
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it -
2.4 COMPANY'S OBLIGATION
The Company acknowledges that the continued integrity of the System(s)and/or Product(s)is dependent
upon installation in the program logic and documentation of all updates to the System(s)and/or Product(s)
which are provided by HTE to the Company.
2.5 REPRESENTATIONS OF COMPANY
The Company acknowledges HTE's representations that HTE has expended substantial sums in creating its
Systems and Products, incurs substantial additional expense in maintaining them,and as a result,has and will
continue to have substantial proprietary interest and valuable trade secrets in them.
2.5.1 The Company further represents and warrants that it shall not(I)at any time sell,assign,or otherwise
transfer HTE System(s)and/or Product(s),parts of the System(s)and/or Product(s),or updates,changes,
improvements or enhancements to the System(s)and/or Product(s),or parts thereof,or(2)provide to any
third party any support described in this Agreement for the System(s)and/or Product(s). The Company shall
hold in confidence the design specifications and associated documentation of the System(s)and/or Product(s)
and shall disclose the System(s)and/or Product(s)in confidence only to,and shall authorize the use of the
System(s)and/or Product(s)in confidence only by, its regular employees. Company further acknowledges
that, in the event of a breach or threatened breach by the Company of the provisions of this paragraph,HTE
has no adequate remedy in money or damages,and, accordingly,shall be entitled to an injunction against
such breach or threatened breach.
2.5.2 The Company agrees that all rights granted in this Agreement shall be cumulative and that no
specifications in the Agreement of any specific legal or equitable remedy in the event of the breach or any
provisions of this Agreement shall be construed as a waiver of,or prohibition against,any other legal or
equitable remedy for such breach. The waiver of any breach of any provision of this Agreement,or of any
remedy for any such breach,shall not preclude HTE from thereafter exercising any rights(including any
remedy previously waived)it has under this Agreement for the same or any subsequent breach. If the
Company waives any remedy,then it should be bound by its waiver in accordance with established law.
2.5.3 The representations and warranties shall survive the execution of this Agreement,the delivery of any
documents and all transactions contemplated by this Agreement,and the termination of this Agreement.
2.6 ASSIGNMENT
Neither this Agreement nor HTE System(s)and/or Products(s)nor any rights granted by this Agreement to
the Company shall be assigned,transferred or otherwise disposed of by the Company,in whole or in part,
without the prior written consent of HTE.
2.7 LIABILITY
Because of the difficulty in ascertaining damages, it is agreed that HTE liability to the Company for any
fosses or damages,whether direct or indirect arising out of this Agreement,shall not exceed the total amount
billed and billable to the Company, in no event shall HTE be liable for any indirect,special,or consequential
damages,economic loss in connection with,or arising out of this Agreement. This paragraph shall supersede
any paragraphs of this Agreement which are inconsistent with it.
HTE Service Agreement 3 Monroe Co. Service Agreement.doc
Ver.4/15/98 10/27/98
2.8 SEVERABILITY
Each provision of this Agreement is severable from all other provisions of this Agreement and,if one or
more of the provisions of this Agreement shall be declared invalid,the remaining provision of this
Agreement shall nevertheless remain in MI force and effect,provided,however,if Paragraph 2.5 shall be
declared invalid. Company shall execute as soon as possible,a supplemental Agreement with HTE which
grants to HTE to the extent legally possible,the protection afforded by said Paragraph.
2.9 NON-EMPLOYMENT OF HTE EMPLOYEES
During the term of this Agreement and for a period of twenty-four(24)months after termination of this
Agreement,the Company may not offer to hire or in any way employ or compensate any of the employees of
HTE or persons who have been employed by HTE within the immediate past twenty-four(24)months
without the prior written consent of UTE.
2.10 GOVERNING LAW
The Agreement shall be governed by and in accordance with the laws of the State of Florida.
2.11 AMOUNTS
All amounts referred to herein or otherwise payable pursuant to any terra of this agreement shall be United
States of America Dollars.
2.12 FINAL AGREEMENT
This Agreement supersedes all prior Agreements and understandings between HTE and the Company
relative to support services for the System(s)and/or Product(s)and shall not be changed orally. No change
or attempted waiver of any provision of this Agreement shall be binding unless expressed in writing and
signed by the party against whom the same is sought to be enforced.
2.13 HEADINGS
The headings or titles of the Paragraphs in this Agreement are for convenience only,are not a part of this
Agreement,and shall not be used as an aid in the construction of any provision hereof.
2.14 COUNTERPARTS
This Agreement may be executed in one or more counterparts,each of which shall constitute a single
document.
HTE Service Agreement 4 Monroe Co. Service Agreement.doc
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2.15 PAYMENT
Payments rendered under this Agreement shall be submitted and made payable to H.T.E.,Inc.at 1000
Business Center Drive, Lake Mary, FL 32746
2.16 SIGNATURE
The parties,each acting with due authority,have executed this Agreement by setting forth their respective
signatures:
Authoorrizi or the omp'a'nyyT� Authi =• by T.E.,INC
By Cam/ ✓ �v By: IAA.
Name Sffi�L- `� '2 4 Al NY Name ., . . .
.:., I.
pPO - M /2- K /o-ot7-98
Title Date Title Date
Z.
APPROVED AS TO FORM SEAL)
AND LEGAL SORICI AREST: DANNY L. KpIRAGp
BY BY
U ANN A. TON
HATE DEP O
HTE Service Agreement 5 Monroe Co. Service Agreement.doc
Ver.4/15/98 10/27/98
ACORD CERTIFICATE OF LIABILITY INSURANCECSR °"TE`MMDD""
HTEIN-1 10/30/98
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
SIHLE INSURANCE GROUP, INC. 1 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P. O. BOX 160398 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ALTAMONTE SPRINGS FL 32716 COMPANIES AFFORDING COVERAGE
C. Roger Knight COMPANY
Prone No. 907-869-0962 Fax No. 907-774-0936 A FEDERAL INSURANCE COMPANY
INSURED COMPANY
HTE, Inc. , HTE Public Safety B
Ill, Inc. , Software Management
Inc,Programmed for Success,Inc COMPANY
HTE-Vanguard Systems,Inc. C
1000 Business Center Drive COMPANY
Lake Mary FL 32746 D
COVERAGES
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 POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR r DATE(MM/DD/YY) DATE(MM/DDMI)
GENERAL LIABILITY GENERAL AGGREGATE $2,000,000
A X COMMERCIAL GENERAL LIABILRY 35366784 1 01/01/98 01/01/99 PRODUCTS•COMP/OPAGG $2,000,000
CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000
OWNERS CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ 300,000
MED EXP(Any one person) $ 5,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 1,000,000
A X ANY AUTO 73128499 01/01/98 01/01/99
ALL OWNED AUTOS
BODILY INJURY( $
SCHEDULED AUTOS person)
HIRED AUTOS
BODILY INJURY $
NON AUTOS (Per accident)
PROPERTY DAMAGE•
$
GARAGE LIABILITY F AUTO ONLY•EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT S
AGGREGATE S
EXCESS LIABILITY EACH OCCURRENCE $ 9,000,000
A X UMBRELLA FORM I 79766218 01/01/98 01/01/99 I AGGREGATE $ 9,000,000
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND TWC
OYTAN• OER
TORS LIMITS ER
EMPLOYERS LIABILITY EL EACH ACCIDENT $ 1,000,000
A nx PROPRIETOR/ INCL , 71643430 01/01/98 01/01/99 EL DISEASE-POLIGYLIMIT $ 1,000,000
PARTNERS/EXECUTIVE
OFFICERS ARE EXCL EL DISEASE•EA EMPLOYEE $ 1,000,000
OTHER
A Errors 6 Omissions 35364221 01/01/98 01/01/99 $5,000,000.
Professional Liab DEDUCTIBLE: $100,000.
DESCRIPTION OF OPERAPONSILOCATIC+JSNEHICLESJSPECIAL ITEMS
CERTIFICATE HOLDER. CANCELLATION
MONROCO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
MONROE COUNTY COURTHOUSE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
CLERK OF CIRCUIT COURT 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
FAX# 305-295-3660 BUT FAILURE TO MAIL SUCH NOTICE S L IM E NO OBL+GATCN OR LIABILITY
500 WHITEHEAD STREET
KEY WEST FL 33040 OF ANY KIND UPON THECOMPA ,ITS JilCFRESENT E
AUTHORIZED REPRESENTATIVE
C. Roger Knight
ACORD.25-5.(1/95) inI.I. , ORD CORPORATION 1988
INITIAL
ACORD CERTIFICATE OF LIABILITY INSURANCSR AI DATE IMMIDNYY)
TEIN-1 12/23/98
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
SIHLE INSURANCE GROUP, INC. 1 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P. O. BOX 160398 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ALTAMONTE SPRINGS FL 32716 COMPANIES AFFORDING COVERAGE
C. Roger Knight COMPANY
Phone No. 407-869-0962 Peallo.407-774-0936 A FEDERAL INSURANCE COMPANY
INSURED COMPANY
HTE, Inc. , HTE Public Safety B
Ill, Inc. , Software Management
Inc,Programmed for Success,Inc COMPANY
HTE-Vanguard Systems,Inc. C
1000 Business Center Drive COMPANY
Lake Mary FL 32746 D
COVERAGES
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 CONTRACTOR 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.
COI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR I DATE IMWDD/VYI DATE(MMIDDIYY)
GENERAL LIABILITY I GENERAL AGGREGATE IS2,000,000
A I X COMMERCIAL GENERAL LIABILITY 35366784 01/01/99 01/01/00 PRODUCTS-COMP/OPAGGI f 2,000,000
CLAIMS MADE X OCCUR PERSONAL SADV INJURY '$1,000,000
I OWNER'S E CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000
FIRE DAMAGE;Any one fire) $ 300,000
( I MEDEXP;Any one person) $ 5,000
;III
ALL OWNED AUTOS
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f1,DDD,ODD
A ANY AUTO 73128499 01/01/991 01/01/00
BODILY INJURY f
SCHEDULED AUTOS Per person)
HIRED AUTOS
BODILY INJURY 3
- NON-OWNED AUTOS {Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 3
ANY AUTO III I OTHER THAN AUTO ONLY:
•
EACH ACCIDENT 3
AGGREGATE f
EXCESS LIABILITY I EACH OCCURRENCE $ 9,000,000
A X UMBRELLA FORM 79766218 01/01/99I 01/01/00 AGGREGATE $ 9,000,000
OTHER THAN UMBRELLA FORM • 3
WORKERS COMPENSATION AND
TORY LIMITS I IOER
EMPLOYERS'LIABILITY EL EACH ACCIDENT $1,000,000
A 'THE PROPRIETOR/ INCL 71643430 01/01/99 01/01/00 EL DISEASE-POLICY LIMIT f1,000,000
PARTNE RSIEXECU1VE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE f1,000,000
I OTHER
A : Errors & Omissions 35364221 01/01/99 01/01/00 $5,000,000.
Professional Liab DEDUCTIBLE: $100,000.
DESCRIPTION OF OPERATIONS.00ATIONSNEHICLES)SPECIAL ITEMS
CERTIFICATE HOLDER CANCELLATION
MONROCO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
MONROE COUNTY COURTHOUSE EXPIRAUON DATE THEREOF,THE ISSUING COMPANY VALL ENDEAVOR TO MAIL
CLERK OF CIRCUIT COURT 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
FANS 305-295-3660 BUT FAILURE TO)IAIL SUCHNOTICE S`IALL IMPOSE NO OBLIGATION OR LIABILITY
500 WHITEHEAD STREET /
KEY WEST FL 33040 ' ^ ^ fJ OF ANY NINPl1P0 ,ITS AGE 0 EPRESEXTATVES.
(,^J V�-A^/"\ AUTHORIZED((IIEPR
DATE C. Roger Knight
ACORD 25-S(1/95) !NM" ACORD CORPORATION 1988