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HomeMy WebLinkAboutItem P3 P.3 BOARD OF COUNTY COMMSSIONERS County of Monroe fma Mayor Heather Carruthers,District 3 h} ] Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting October 213, 2020 Agenda Item Number: P.3 Agenda Item Summary #7392 BULK ITEM: Yes DEPARTMENT: Strategic Planning TIME APPROXIMATE: STAFF CONTACT: Kimberly Matthews (305) 292-4540 NONE AGENDA ITEM WORDING: Approval of the AchieveIt software application contract for $33,150 annually (for a total of$99,450 for 3 years). Achievelt, as the sole provider of this software platform, will provide the Office of Strategic Planning - the capability to create, track and manage county-wide department level performance measures and data - on one platform for the purpose of increased government efficiency and effectiveness. The contract commitment is for three years to obtain a 15% discount annually. ITEM BACKGROUND: Across the country local, state and federal agencies are integrating data and data analytics into their decision-making processes and to communicate their work to their communities. This growing trend allows government agencies to move their decision making from instinct-based to evidence-based. The barrier for any organization in making this shift is the access to accurate, relevant and timely data. Monroe County is positioned to enhance how we gather, analyze and then utilizing data for improved governmental efficiency and effectiveness across all departments, divisions and teams. However, this effort requires a simple, effective and robust performance measurement tool. Monroe County has extensively researched the market and found an ideal solution. AchieveIt is a user-friendly tool that minimizes unnecessary workload for staff, is customizable for various plans and organizational structures, offers access to reports and analytics to maximize the County's ability to use the raw data and provides a public dashboard that allows Monroe County to highlight the work and progress of departments. AchieveIt is a robust performance measurement tool that fulfills the for our needs, resources, and culture. AchieveIt is being procured as a sole source provider as it is the only product that has all the necessary tools under one platform. (Sole Source Justification documentation is attached). PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: AchieveIt Packet Pg. 3848 P.3 STAFF RECOMMENDATION: Approval. DOCUMENTATION: Monroe County 3 Year Discounted Sales Order Contract Terms Addendum to ACHIEVIT sales order AchieveIt for Monroe County Sole Source Letter(002) Matthews Sole Source AchieveIt letter FINANCIAL IMPACT: Effective Date: Upon Approval and Execution Expiration Date: 3 years from Effective Date Total Dollar Value of Contract: $99,450 Total Cost to County: Current Year Portion: $33,150 Budgeted: Source of Funds: 05011-530340 (Current Year Portion Only) Current year portion: $33,150.00 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No. County Match: No. Insurance Required: No Additional Details: REVIEWED BY: Kimberly Matthews Completed 10/06/2020 1:28 PM Christine Limbert Completed 10/06/2020 2:50 PM Purchasing Completed 10/06/2020 2:55 PM Budget and Finance Completed 10/06/2020 3:09 PM Maria Slavik Completed 10/06/2020 3:10 PM Liz Yongue Completed 10/06/2020 3:52 PM Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg. 3849 Vim _ ACH[EVEIT PROPOSAL v .y t- SALES ORDER MONROE COUNTY cn U) cu cu imbedy Matthews 1200 Truman Ave. Ste. 101 ) 1200 Truman Ave. Ste. 101 Key West, Horida o eyWest, FL 3300 3300 v Q Customer Biiiing Contacts Monroe county Customer Biiiing EmaiL CL 2 This Saies Order ("Order") detaiis products and services to be provided for Monroe County v ("Customer") iocated at the Customer Biiiing address above, by Achievelt Wine, LLC. ("Achievelt"), o 4- coiiectiveiy known as the "Parties". Except as expressiy stated in this Order, aii products and services inciuded in this Order are subject to the attached Achievelt Terms &Conditions ("Agreement"), CL Q executed between the Parties as of the date signed by the Customer below, E 1. TERM This Order is effective upon the date of the iast signature below (the `Effective Date'),The initiai term of a this Order shaii be three (3) years commencing upon the Effective Date, U) a v Q) M a v Q) a r- a E v Packet Pg. 3850 ACH[EVEIT PROPOSAL risQ v .y m SERVICES AND FEES ACC fees associated with this Saies Order shaii be invoiced in accordance with the scheduie below and payment terms shaii be in accordance with the Agreement, 0 U) cu cu W W . cn a cu v Q Care Solution Annuai 1 $24,000.00 $24,000.00 CL Onsite Kickoff& One-Time 1 $0.00 $0.00 � Training Day v Pian Leads One-Time 5 $0.00 $0.00 — User Certification Annuai 50 $0.00 $0.00 ° Q Q User Tier 1 (1-50) Annuai 50 $300.00 $15,000.00 E Discount(15%) - 8,8 0.00 12 v Total . 00 U The numberof Users is as specified above. Each Useris required to have a distinct user identification andpassword to the service.See more detailed usage roles in the Agreement.Additional Users requires additional license fees art 0 0 current rice list. M 0 The terms and pricingprovided herein are confidential and proprietary information ofAchievelt. Amounts on o v this Order exclude any applicable taxes, duties,shipping or ether third-party fees andlor taxes. Any taxes or fees due will be calculated and specified can the applicable invoice. M 0 0 U 0 0 r_ 0 0 E v Packet Pg. 3851 Vim _ ACH[EVEIT PROPOSAL v In Witness Whereof .y the Parties hereto have caused this 5aies Order to be approved by their duiy W authorized representatives as of the date(s) indicated below, Online,Achievelt r o imberty Matthews Title: County Administrator ° Date: Date: v Q Q v a a Q Q E v a v U) a v An M a v a r- a E v Packet Pg. 3852 risQ ACH[EVEIT PROPOSAL v °y �,a c 1 e A 11 � 5 to L 0 Term&Conditionsco co cu cu Achievelt Online, LLC ("Achievelt") and Monroe County ("Customer") enter into the terms and U) d conditions set forth below ("Terms") as of the--------day of--------- 2020, regarding the cu products and services identified on any sales order ("Sales Order"), The Terms and the Sales Order are CL Q hereby collectively referred to as the "Agreement",In consideration of the premises and of the mutual covenants and obligations hereafter set forth, the parties agree as set forth below, v CLIENT'SPLEASE READ THESE SUBSCRIPTION TERMS CAREFULLYAND PRINTA COPY FOR o a 1. SERVICES: Achievelt agrees to provide the services set forth on the Sales Order to Customer, CL CL which Services may include Achievelt's proprietary software that is described on the Sales Order < that is made available by Achievelt online via a URL as we[[ as implementation, consulting or E support services (the "Services") solely for Customer's own internal business purposes subject to the terms of this Agreement, Aii rights not expressiy granted to Customer are reserved by L Achievelt and its iicensors.The Services may be utilized by the number of Users set forth on a Sales Order, "Users" means a designated individual that cannot be shared by more than one individual but can be transferred or reassigned to a new designated individual replacing a former W individual no longer using the Services, cu a' 1 RESTRICTIONS, OWNERSHIP; Customer is permitted to store, manipulate, analyze, reformat, print, and display the content, data and information included as part of the Services ("Content") only for Customer's internal business use, Unauthorized use, resale, or commercial exp[oitation U of the Services or the Content in any way is expressiy prohibited, Customer agrees not to reverse L engineer the Services or Content, or access the Services or Content in order to (i) build a M competitive product or service, (ii) build a product using similar ideas, features, functions, or graphics of the Services, or (iii) copy any ideas, features, functions, or graphics of the Services or o Content, Customer shaii not copy, license, sell, transfer, make available, distribute, or assign the Services, this Agreement or the Content to any third-party, Customer shaii not create Internet "links" to the Services or"fame" or"mirror" any Content contained on, or accessible from, the r_ Services on any ether server or Internet-based device, Achievelt alone (and its licensors, where 4) applicable) shaii own ail right, title, and interest, including ail related intellectual property rights, cu in and to the Services, Content, and any suggestions, ideas, enhancement requests, feedback, or Packet Pg. 3853 risQ c I v IT PROPOS= L v .y ether information provided by Customer relating to the Services or the Content, The Achievelt W name and logo are trademarks of Achievelt, and no right or license is granted to use them, 3. FEES, EXPENSES, LATE PAYMENT, BILLING; The usage fees, as we[[ as any ether up-front fee, are detailed on the Sales Order, exclusive of ail taxes and begin on the date of Customer's acceptance U) of this Agreement, Reasonable and necessary out-of-pocket expenses associated with the cu cu delivery of on-site services, if any, including transportation to/from airports, to/from Customer's U) d locations (such as taxis, trains, rental cars, and air travel costs), business meals, and hotel cu expenses will be invoiced monthly in arrears, Payment is due within 30 days after the date of the v Q CL invoice.Achievelt charges and collects in advance for the use of the Services, payable annually by check or credit card, Customer will be invoiced and billed upon each renewal of the 2 Agreement.Payments s%ii be made in US dollars and are non-canceiabie and non- U refundabie.Any amounts not paid by the due date will be subject to a [ate fee equal to one and o 4- one-half(1.5%) percent per month, or the maximum amount allowed by law if iess.Customerwill be liable for ail costs of collection of undisputed overdue amounts including, without [imitation, CL ail court costs and attorneys' fees Achievelt incurs, 4. TERM, TERMINATION, Unless earlier terminated as set forth below, the term of this Agreement W E shall continue for a period of three (3) years, Either party may terminate this Agreement by providing 30 days' written notice upon the material breach of this Agreement by the ether party if such breach or violation is not cured during such notice period, In the event of such a termination,Achievelt shall not be liable to Customer nor any third-party for any termination of Customer's account or access to the Services, Upon expiration or termination of the Agreement, all rights to access or use the Services terminate, and, so long as Customer is not in breach of this W cu Agreement,Achievelt will make available to Customer a file of the Customer Data within 30 days of termination notice if Customer so requests, All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement shall survive the v termination or expiration of this Agreement, 5, PRIVACY; SECURITY, The privacy policy applicable to the Services can be found online at a! W'W. e rg corn and is hereby incorporated into this Agreement by reference.Achievelt reserves the right to modify this privacy policy in its reasonable discretion from time to time, Achievelt shall use reasonable measures available to protect the security of Customer's data, including data encryption and virus protection, but does not warrant or guarantee that the a Services are free from the vulnerability of Internet attacks, 0. CONFIDENTIAL INFORMATION, Each party may disclose to the ether party certain Trade Secrets and Confidential Information of such party or of such party's associated companies, distributors, v licensors, suppliers, or customers, For purposes of this Agreement "Trade Secrets" means Packet Pg. 3854 Vim _ ACH[EVEIT PROPOSAL v .y information that is a trade secret under law, "Confidential Information" means information, ether W than Trade Secrets, that is of value to its owner and is treated as confidential, "Proprietary Information" means Trade Secrets and Confidential Information, the "Disclosing Party" refers to the party disclosing Proprietary Information hereunder, whether such disclosure is directly from U) Disclosing Party or through Disclosing Party's employees or agents, and "Recipient" refers to the cu cu party receiving any Proprietary Information hereunder, whether such disclosure is received U) d directly or through Recipient's employees, providers or agents, Recipient agrees to hold the cu Proprietary Information disclosed by Disclosing Party in confidence and not to, directly or v Q CL indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer the Proprietary Information disclosed by Disclosing ; 2 Party to any third party, or utilize the Proprietary Information disclosed by Disclosing Party for v any purpose whatsoever ether than as expressly contemplated by this Agreement, Customer o 4- acknowledges that the Services and Content are the Proprietary Information of Achievelt or its licensors and ether providers, The obligations in this Section shall continue for so long as such CL CL information constitutes Proprietary Information, The foregoing obligations shall not apply if and to the extent that Recipient establishes that the information communicated was publicly known W E at the time of Recipient's receipt or has become publicly known ether than by a breach of this Agreement, Customer acknowledges and agrees that Achievelt may have to provide Customer's Proprietary Information or ether data or information if Achievelt or its licensors or providers are ordered by an administrative agency or ether governmental body of competent jurisdiction to disclose such information, 7, NO BUSINESS ASSOCIATE RELATIONSHIP; Customer represents and warrants that it will not a cu provide Achievelt with any Protected Health Information ("PHI") as that term is defined under the U) Health Insurance Portability and Accountability Act and regulations promulgated thereunder ("HIPAA"),Because Achievelt does not receive or process any PHI in the normal course of business v in providing the Services to Customer or any of Achievelt's customers generally,Achievelt is not a Business Associate under HIP .Customer will indemnify and hold Achievelt harmless from and against any and all losses arising out of Customer's failure to comply with the warranty in this Section 7. a 8. ACCOUNT INFORMATION AND DATA;ACC data submitted by Customer to Achievelt ("Customer � Data"),whether posted by Customer or by third parties, shall remain the sole property of a Customer or such third parties, as applicable, unless specifically notified in advance, Customer grants to Achievelt the non-exclusive, worldwide, right to use, copy, store, transmit and display Customer Data solely to the extent necessary to provide the Services, Customer, not Achievelt, v cu shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, Packet Pg. 3855 risQ ACH[EVEIT PROPOSAL v .y U) appropriateness and copyright of all Customer Data, and Achievelt shall not be responsible or cu W liable for any action taken by the Customer that results in the deletion, correction, destruction, damage, loss, or failure to store any data, 9. USER MANAGEMENT, Users will be required to use login information to access the Services and U) comply with this Agreement.Customer will manage and administer the login information for its cu cu designated Users.Customer is responsible for ail uses of the login information and ail actions of U) d any individual using login information, including without limitation any breach by Customer or 2 Users of the terms and conditions of this Agreement, Customer will,(1) protect the confidentiality CL of all login information, and (2) notify Achievelt of any breach of the confidentiality of any login information.Customer will not provide login information to any person that is not authorized to 2 access and use the Services, v 10, MUTUAL INDEMNIFICATION, Each party shall indemnify and hold the ether party, its licensors, o 4- and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, > attorneys and agents harmless from and against any and all claims, costs, damages, losses, Q CL liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with a claim alleging that use of the Customer Data (in the case of Customer as the indemnifying party) W E or use of the Services (in the case of Achievelt as the indemnifying party) infringes the rights of, or has caused harm to, a third party, provided that the indemnified party (i) gives written notice of the claim promptly to the indemnifying party (ii) gives the indemnifying party sole control of the defense and settlement of the claim (provided that the indemnifying party may not settle or defend any claim unless it unconditionally releases the indemnified party of all liability and such settlement does not affect the indemnified party's business}, (iii) provides to the indemnifying W cu party all available information and assistance, and (iv) has not compromised or settled such U) claim, Achievelt shall have no indemnification obligation, and Customer shall indemnify Achievelt pursuant to this Agreement, for claims arising from any infringement arising from the v combination of the Services with any of Customer's products, service, hardware, or business process(s), 11, WARRANTY, DISCLAIMER OF WARRANTIES; Achievelt warrants that the Services will perform substantially in accordance with its existing user guides with a minimum of 98% uptime availability (except for regularly scheduled and emergency maintenance), Customer's sole remedy and Achievelt's sole liability for any failure of the Services to conform with the foregoing a warranty is to use commercially reasonable efforts to cure such failure, EXCEPT FOR THE FOREGOING WARRANTY,ACHIEVEIT AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, R GUARANTYAS TO THE RELIABILITY, INTERNET AVAILABILITY, QUALITY, SUITABILITY, TRUTH, v cu AVAILABILITY,ACCURACY, OR COMPLETENESS OF THE SERVICES OR ANY CONTENT,ACHIEVEIT Packet Pg. 3856 risQ c I v IT PROPOS= L v .y L U) AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL cu E SECURE, TIMELY, UNINTERRUPTED R ERROR-FREE OR OPERATE IN COMBINATION WITH ANY L OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES OR CONTENT OR ANY INFORMATION PROVIDED BYACHIEVEIT WILL MEET CUSTOMER'S REQUIREMENTS OR o EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (U) ERRORS, OR DEFECTS cu cu WILL BE CORRECTED, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE U) d ARE FREE OFVIRUSES OR OTHER HARMFUL COMPONENTS,CUSTOMER UNDERSTANDS THAT, 2 cu EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS PARARAPH, THE SERVICE AND ALL v Q CL CONTENT IS PROVIDED TO CUSTOMER STRICTLY ON AN "AS IS" BASIS,AND ALL CONDITIONS, � REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR y d OTHERWISE, INCLUDING, WITHOUT LIMITATION,ANY IMPLIED WARRANTY OF MERCHANTABILITY, v FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS,ARE O 0 HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BYACHIEVEIT AND ITS LICENSORS, The Services may be subject to limitations, delays, and ether problems CL inherent in the use of the Internet and electronic communications, Achievelt is not responsible for and delays, delivery failures, or ether damage resulting from such problems, W L 12, LIMITATION OF LIABILITY, EXCEPT ARISING OUT OF A BREACH OF SECTION 2, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY OR DUE FROM CUSTOMER L IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, EXCEPT ARISING OUT OF A BREACH OF SECTION 2, IN NO EVENT SHALL EITHER PARTY OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF Ch as cu DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY U) WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE,ANY v INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, L EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 13, ADDITIONAL RIGHTS; Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to Customer, 14, GENERAL; Customer agrees to provide Achievelt with complete and accurate billing and contact a information on the Sales Order, Customer agrees to update this information within 30 days of any change to it, Customer grants Achievelt the right to use the Customer's name and logo in Achievelt promotional and advertising material, This Agreement shall be governed by Georgia v cu law, without regard to the choice or conflicts of law provisions of anyjurisdiction, Any disputes, Packet Pg. 3857 Vim _ c I v IT PROPOS= L v .y U) actions, ciaims, or causes of action arising out of or in connection with this Agreement or the cu Services shaii be subject to the exciusive jurisdiction of the state and federai courts iocated in Adanta, Georgia, No text or information set forth on any ether purchase order, preprinted form, or document shaii add to or vary the terms and conditions of this Agreement, If any provision of this U) Agreement is heid by a court of competent jurisdiction to be invaiid or unenforceabie, then such cu cu provision(s) shaii be construed, as nearty as possibie, to reflect the intentions of the invaiid or U) C unenforceabie provisions), with aii ether provisions remaining in fuii force and effect, Nojoint venture, partnership, empioyment, or agency reiationship exists between Customer and Q CL Achievelt as a resuit of this agreement or use of the Services, The faiiure of Achievelt to enforce any right or provision in this Agreement shaii not constitute a waiver of such right or provision 2 uniess acknowiedged and agreed to by Achievelt in writing, This Agreement comprises the entire v agreement between Customer and Achievelt and supersedes aii prig or contemporaneous o 4- negotiations, discussions, or agreements, whether written or orai, between the parties regarding > the subject matter contained herein or to existing services or iicenses that were previousiy CL CL purchased by Customer from Achievelt, inciuding without [imitation the terms of request for proposai or Achievelt's response thereto or any agreement between the parties for existing M E services.Customer wiii not assign or transfer this Agreement, by operation of iaw or change in controi or otherwise, without Achievelt's prig written consent, which consent shaii not be unreasonabiy withheid. This Agreement shaii be binding upon and shaii inure to the benefit of the Parties hereto and their respective permitted successors and assigns.Notwithstanding anything set forth herein to the contrary,Achievelt may modify or update these Terms by providing eiectronic notice to Customer,A Saies Order may be executed in any number or M cu counterparts, each of which shaii be deemed a part of the same original U) 15, NTICES,Aii notices or ether communications which may be required by either party to the ether party pursuant to this Agreement shaii be in writing and shaii be hand deiivered (inciuding v Ch deiivery by courier so iong as a receipt or confirmation of deiivery is obtained), sent by recognized overnight deiivery service (such as Fed Ex°or UPS"), or maiied by first-cuss, registered or certified maii, return receipt requested, postage prepaid,Customer's initiai notice address is the biiiing address set forth in the Saies Order, Achievelt's notice address is as follows; a v Chief Executive Officer/Chief Financiai Officer a Achievelt mine, LLC 1117 Perimeter Center West, Suite N501 Ada ta, GA 30338 v Packet Pg. 3858 Vim _ ACH[EVEIT PROPOSAL v .y U) Each notice which shall be mailed, delivered, or transmitted in the manner described above W shaii be deemed sufficiently given, served, sent and received for ail purposes at such time as it is � delivered to the addressee, or at such time as delivery is refused by the addressee upon presentation, provided, however, that notices sent by mail shall be deemed received on the U) third business day following the date such notice is deposited in the mail, In Witness Whereof the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date(s) indicated below, Q Online,Achievelt LLC. Monroe ° v Kimberly Matthews o 4- Title: County Administrator CL Date: Date: 0 E v a v U) a v An M a v a r- a E v Packet Pg. 3859 Addendum to ACHIEVIT Subscription Service Agreement 1) Payments. U 2 A. County's performance and obligation to pay under this agreement, is contingent r_ upon annual appropriation by the Board of County Commissioners. a� B. County's shall pay in accordance with the Florida Local Government Prompt U Payment Act;payment will be made after delivery and inspection by County and upon submission Cn of invoice by ACHIEVIT. ACHIEVIT shall submit invoices with supporting documentation that CU W are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting a principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. CU 0 2) Books, Records and Documents. ACHIEVIT shall maintain all books, records, and S Cn documents directly pertinent to performance under this Agreement in accordance with generally CU accepted accounting principles consistently applied. Each party to this Agreement or their Cn ci authorized representatives shall have reasonable and timely access to such records of each other 2 CU party to this Agreement for public records purposes during the term of the Agreement and for four `-' 0. years following the termination of this Agreement. If an auditor employed by the County or Clerk t0. . determines that monies paid to ACHIEVIT pursuant to this Agreement were spent for purposes not authorized by this Agreement, ACHIEVIT shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to ACHIEVIT. 0 3) Attorney's Fees and Costs. The County and ACHIEVIT agree that in the event any cause CU of action or administrative proceeding is initiated or defended by any party relative to the 2 CL CL enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative,and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Texas Rules of Civil Procedure and usual and CU customary procedures required by the court having jurisdiction in the state of Texas. W 4) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and ACHIEVIT and their respective legal 0 representatives, successors, and assigns. 5) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. U V 6) Adjudication of Disputes or Disagreements. County and ACHIEVIT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between Packet Pg. 3860 representatives of each of the parties. The County and ACHIEVIT representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. U a� 7) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation,execution,performance,or breach of this Agreement, County n CU and ACHIEVIT agree to participate, to the extent required by the other party, in all proceedings, CU hearings, processes, meetings, and other activities related to the substance of this Agreement or 2 provision of the services under this Agreement. County and ACHIEVIT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this S Cn Agreement. CU CU Cn 8) Nondiscrimination. The parties agree that there will be no discrimination against any c person, and it is expressly understood that upon a determination by a court of competent U jurisdiction that discrimination has occurred,this Agreement automatically terminates without any CL CU further action on the part of any party, effective the date of the court order. The parties agree to a> comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to > nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of U 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended CU (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) 0- Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended(42 USC §§ 6101-6107),which prohibits discrimination on the basis of age; 5)The Drug Abuse Office 10 and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of W drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and CU Rehabilitation Act of 1970 (PL 91616), as amended, relating to nondiscrimination on the basis of �- alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC w §§ 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, 0 relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with E Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion,national origin, ancestry, sexual orientation, gender identity or expression,familial status or age; and 11)any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Packet Pg. 3861 9) Covenant of No Interest. County and ACHIEVIT covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 2 r- 0 U 10) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as � delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or Cn CU acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of CU public position, conflicting employment or contractual relationship; and disclosure or use of L- CU certain information. 0 S 11) Public Records Compliance. ACHIEVIT must comply with Florida public records laws CU CU including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Cn ci Constitution of Florida. The County and ACHIEVIT shall allow and permit reasonable access to 2 and inspection of, all documents, records, papers, letters or other "public record" materials in its U possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made CL CU or received by the County and ACHIEVIT in conjunction with this contract and related to contract a> performance. The County shall have the right to unilaterally cancel this contract upon violation of > this provision by ACHIEVIT. Failure of ACHIEVIT to abide by the terms of this provision shall U be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any 0- CL termination or expiration of the contract. CL ACHIEVIT is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, ACHIEVIT is required to: M (1) Keep and maintain public records that would be required by the County to perform the CU service. �- (2) Upon receipt from the County's custodian of records,provide the County with a copy of w the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 0 (3) Ensure that public records that are exempt or confidential and exempt from public records E disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of ACHIEVIT or keep and maintain public records that would be required by the M County to perform the service. If ACHIEVIT transfers all public records to the County upon completion of the contract, ACHIEVIT shall destroy any duplicate public records that are exempt Packet Pg. 3862 or confidential and exempt from public records disclosure requirements. If ACHIEVIT keeps and maintains public records upon completion of the contract, ACHIEVIT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. U (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify ACHIEVIT of the request, and ACHIEVIT must provide the records to the n CU County or allow the records to be inspected or copied within a reasonable time. CU 2 CU If ACHIEVIT does not comply with the County's request for records,the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's S option and right to unilaterally cancel this contract upon violation of this provision by the CU CU ACHIEVIT. A Contractor who fails to provide the public records to the County or pursuant to a Cn ci valid public records request within a reasonable time may be subject to penalties under Section 0 119.10, Florida Statutes. U CL CL CU ACHIEVIT shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. U IF ACHIEVIT HAS QUESTIONS REGARDING THE APPLICATION OF 0 CHAPTER 119, FLORIDA STATUTES, TO THE ACHIEVIT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292- 3470 0 M 12) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida CU Statutes, the participation of the County and ACHIEVIT in this Agreement and the acquisition of any commercial liability insurance coverage,self-insurance coverage,or local government liability w insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision 0 for waiver. 13) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under Ec this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. Packet Pg. 3863 14) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance U may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to,nor shall it be construed as, authorizing the delegation of the constitutional or statutory � duties of the County, except to the extent permitted by the Florida constitution, state statute, and n CU case law. CU CU CU 15) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or S entitlement to or benefit of any service or program contemplated hereunder, and the County and CU CU ACHIEVIT agree that neither the County nor ACHIEVIT nor any agent, officer, or employee of Cn ci either shall have the authority to inform, counsel, or otherwise indicate that any particular 0 individual or group of individuals, entity or entities, have entitlements or benefits under this CU Agreement separate and apart, inferior to, or superior to the community in general or for the CU purposes contemplated in this Agreement. a� 16) Attestations. ACHIEVIT agrees to execute such documents as the County may reasonably U require, to include a Public Entity Crime Statement, an Ethics Statement, Vendor Certification Regarding Scrutinized Companies Lists, and a Drug-Free Workplace Statement. CU 17) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be 10 liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. CU 18) E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new 0 employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject E to the provisions of F.S. 448.095 U THE REMINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Packet Pg. 3864 IN WITNESS WHEREOF, each party has caused this Addendum to ACHIEVIT Subscription Services Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS U ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA Cn CU By ByCn Deputy Clerk Mayor/Chairman 2 ATTEST: ACHIEVIT ONLINE LLC. S Cn CU CU By By Cn C Title Title U CL CL CU U 0 2 CL CL Crj U Packet Pg. 3865 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA U ETHICS CLAUSE U (Company) Cn Crj "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise S recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." U) C U (Signature) CL CL Date: STATE OF: U COUNTY OF: 0 Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online 2 CL notarization, on CL (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. 0 Crj NOTARY PUBLIC My Commission Expires: 0 U Packet Pg. 3866 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 0 U 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such U) prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 0 3. Give each employee engaged in providing the commodities or contractual services that U) are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of U) working on the commodities or contractual services that are under bid, the employee will 0 abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or ofCL = any controlled substance law of the United States or any state, for a violation occurring in CL the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through 0 implementation of this section. 2 As the person authorized to sign the statement, I certify that this firm complies fully with the above CL CL requirements. (Signature) Date: STATE OF: COUNTY OF: 0 Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online notarization, on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC U My Commission Expires: Packet Pg. 3867 PUBLIC ENTITY CRIME 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 CONTRACTOR 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 U) of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 0 S U) U) (Signature) 0 Date: U, CL CL STATE OF: U COUNTY OF: 0 Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online 2 CL notarization, on (date) by CL (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 0 U Packet Pg. 3868 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: U Vendor's Authorized Representative Name and Title: Address: 0 U City: State: Zip: Phone Number: Email Address: a� U) Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also 3: prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for 0 goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in S Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. U) As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified c above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on UI either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities CL in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a U false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized '- Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. L CL Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature: 10 Print Name: Title: a� Note: The List are available at the following Department of Management Services Site: uCrji htt ://www.drms.imvflorida.coim/business o erations/state urchasin�/vendor information/convicted sus Mended discriiminutory coin hints vendor lists w 0 U Packet Pg. 3869 P.3.c PHONE 770.462.8647 s e EMAllL + swaliaga@achieveit.com U ADDRESSachievel L +i 1117 Perimeter Center W,N561 0 - O Atlanta,GA 36338 v d v d U) Antonio Davila W IT project Manager February 6, 2020 � Monroe County 4- 0 cn Many tools are designed to help a team organize &collaborate around single plan or project. But When cu an agency like Monroe County is managing critical initiatives Which are related to strategy, tracking U) towards outcomes & performance management, there's neverjust one single plan, and it takes massive CF coordination to manage everything from multiple plans.Your agency plans are typically integrated and cu span across departments and locations—each With their own individual plans being managed in different v CL tools and reporting in different formats. project management and strategic planning tools are simply not CL cu built for plans that are intertwined and overlapping, Which is What you need When tying strategy to the outcomes you are trying to achieve as a County. v Ultimately, most agencies turn to Excel & PowerPoint for their default reporting mechanism. This time devouring, disorganized process makes it challenging for counties to drive results. This siloed view provides no reporting uniformity, severely limits visibility, and ultimately makes it difficult to hold people accountable. 0 Q Q What agencies like Monroe County really need is one system that lets them see through silos, keep all data uniform and up-to date, and makes it easy to keep everyone on the same page and in-the-know. This is known as Integrated flan Management, a space Where A,chievelt alone gives you the ability to see cross functionally &get things done. 0 J Integrated flan Management is being able to track and report on all of your interconnected plans in a v single, automated platform With the ability to link to other plans and provide a cross functional view that has never been done before. It combines all the best parts of reporting tools in one platform. It has... t The high-level overview of a business intelligence tool 2 0 The structure of strategic planning software U) The automation of a customer relationship management (GRIM) tool The ease of email 0 0 U The details of a project management tool o 0 0 0 drier It specifically has these features II in one systemthat other tools €o not: o 0 • Enable multilevel initiative tracking &a mechanism for linking initiatives across plans or linking them to multiple plans for a cross function view A) v • Ability to show impact of a project to a larger initiative by showing a link between them 0 0 E v Packet Pg. 3870 P.3.c PHONE 770.462.8647 s E e 8Vd 6L + swaliaga@achieveit.com U ADDRESSachievel L � 1117 Perimeter Center W,N561 0 - O Atlanta,GA 36338 v d v • Seamless and effective mechanism to transition from email reminder to platform Without extra steps (e.g., no need for additional log-in) making it very easy to adopt &get automated updates W on progress from various stakeholders on a regular cadence of accountability L Mobile app update ability as Well a • You can choose the terminology used for the levels in your plan as Well as how many levels you U) cn have to each plan/ project & have it be custom to Monroe County, not locked into a specific cn methodology, it's custom to your organization CF • Ability to have public facing dashboards &choose What information to display v • Ability to store metrics associated With various items and displays the progression or regression CL CL of these metrics in an easy to understand summary or dashboard With customized options for each level or set of stakeholders in the county • Ability to drill into dashboards to see an entire historical audit trail of files &attachments, A) v commentary, collaboration, updates related to the progress L a • A, holistic view across everything Where you can see all of your plans and projects in 1 place With — their status &context o Q CL Filter/Analyze progress at varying levels—e. b individual initiative, Within an overall Y- p g Y g g., y. strategic direction, across the entire plan, by user, by department, by priority level or focus area, etc. to enable more specific cross functional views through our custom tags). L Ability to pull I(Pls from multiple departments or plans into one dashboard to show their J connection and impact on a major goal/ initiatives in one place; helps to show that What you're v U Working on is having the intended impact 0 • Ability to provide an intuitive interface to build planning structures 4) a • professional Services Consultant from A,chievelt assigned to Monroe County(separate from your U) Customer Success Manager, trainer & plan loader) Who shares best practices in your process & a success other counties have had that you can leverage; starts With an onsite kickoff&change a management Workshop • Ability to assign different levels of access to users, allowing some users to only view, some to ° update information, and some to create new, modify, and edit plans. o 2 Sincerely, v Saarah Waliaga E v Packet Pg. 3871 P.3d 1/ /19 FROM: Kimberly Matthews,Senior Director of Strategic Planning RE:Justification of Sole Source Procurement of Achievelt After much research,communication with various vendors,conversations with my colleagues and 0 product demonstrations,we have determined that Achievelt is the only solution that meets our needs, resources,and culture. a� crs Achievelt is the ONLY tool that offers the ability to create/track/manage unlimited Plans on one � platform while still linking them if necessary and making them all available for reports and viewing by a� the public,administration or Commission. Achievelt is the only vendor that offers the below compliment of features/services that are all necessary for the successful adoption of performance management and data-driven government into our organization. I was unable to find in any other tool that offered all these features despite in communication with representative from, receiving live product demonstrations of Envision and/or reviewing product specs for other industry leading tools including:Envisio,OnStrategy,Cascade, i-Nexus, M Decision Lens. I therefore request that we procure Achievelt as through sole source. CL CL Added Features of Achievelt: a� • Achievelt will provide all data entry at no additional cost,thus reducing our in-house workload. The Office of Strategic Planning is an office of one and this additional workload is unmanageable in-house. • Achievelt will provide on-site and on-going training and technical support for our users and 0 specifically our Senior Leadership. Culturally,the adoption of a robust performance CL CL measurement system will be a large adjustment and this personalized,on-site training included with the package is necessary to ensure successful adoption of not only the tool but the very concept of performance measurement. • Achievelt manages the notification and reminder of updates to each user individually and as needed. This is essential do to the limited resources of my Office and the more intangible need °} to remove the"personal nagging"factor. An email from the tool itself implies no judgement and will allow users to cr • Achievelt offers users the ability to use their desktop,cell phone,,or tablet to update their data. This flexibility removes artificial barriers to timely data entry. T 0 W Respectfully, N �. Or 7' ar m a � imberly, hews ar E cr Packet Pg. 3872