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Item G4 G.4 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting December 7, 2022 Agenda Item Number: G.4 Agenda Item Summary #11433 BULK ITEM: No DEPARTMENT: Emergency Services TIME APPROXIMATE: STAFF CONTACT: Steven Hudson (305) 289-6342 N/A AGENDA ITEM WORDING: Approval and ratification of a one (1) year support services agreement with Kronos Incorporated for the Telestaff application used by Monroe County Fire Rescue (MCFR) for scheduling and time keeping purposes. The total cost is $20,996.00 for the period October 1, 2022 through September 30, 2023. ITEM BACKGROUND: Monroe County Fire Rescue (MCFR) is seeking BOG approval for ratification of a one (1) year support services contract with Kronos Incorporated for the Telestaff application used by Monroe County Fire Rescue (MCFR) for scheduling and time keeping purposes. The total cost is $20,996.00 for the period October 1, 2022 through September 30, 2023. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: One (1)year Support Services Agreement with Kronos Incorporated STAFF RECOMMENDATION: Approval. DOCUMENTATION: Kronos Incorporated Annual Support Services Agreement- BOG Version 10.01.2022. thorugh 09.30.2023 11.18.2022 Kronos (Telestaff) Amendment- Scheduling Software - Auto Renews Each Year Kronos (TeleStaff) (PDSI) Original Contract Effective July 20, 2011 - Auto Renews Each Year FINANCIAL IMPACT: Effective Date: 10/01/2022 Expiration Date: 09/30/2023 Packet Pg. 1048 G.4 Total Dollar Value of Contract: $20,996.00 Total Cost to County: $20,996.00 Current Year Portion: $20,996.00 Budgeted: Yes Source of Funds: 141 11500 (75%), 101 11001 (15%), 404 63100 (10%) CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: Yes, attached Additional Details: N/A REVIEWED BY: James Molenaar Completed 11/18/2022 4:53 PM Steven Hudson Completed 11/18/2022 5:31 PM Purchasing Completed 11/18/2022 5:57 PM Budget and Finance Completed 11/21/2022 9:57 AM Brian Bradley Completed 11/21/2022 10:07 AM Lindsey Ballard Completed 11/21/2022 12:58 PM Board of County Commissioners Pending 12/07/2022 9:00 AM Packet Pg. 1049 0 0 Stippon Services QUOtle Palm I Of 2 0 Quote Type: Subscription Customer: MONROE COUNTY FIRE RESCUE Solution 101: 61105 CN1141 CN Payment Term a: Net 30 Days ConUatt S: 1208689,S02'-JIUN-22 Q C11 Currency: US0 Date: 15-JUN-2,022 00 17 Customer PO Number., Prepared by: Sarah,IHoban I U$Sobscripbon M CN Bill To; MONROE COUNTY FIRE RESCUE Ship To, MONROE COUNTY FIRE RESCUE C) C11 49016,3RD ST OCEAN 490 63R0 ST OCEAN C) MARATHON FIL 33050 MARATHON Fl.33,050, Ci UNITED STATES, IUNITED STATES Contact-. MARK THOMPSON Email: thompson-mark@monroscouinly-Pl.giov 0 C14 CN coicrRAGT SUMMARY' Contract Period:011-OCT-2022-20-SEP-2023 0 Sat rar MR SILIPEart Services 20,,996,00 Educational Services 0 Annualized Contract Value.20.095.00 0 The Annualized Contract Value,Is thou value of the contract R all servlces are priced for 3661 days. The Annuafted Contract.Value does not Include Astimatad tax. Plano nota that this quote May Include services Ipirl iced)f or proratocl p�o,Oodls, .............- ....................................................................................................... E V11 III R I A,M I IN 0''I"E S ) Support Services,are au"Ict to applicable taxes. The tax amount shed m on this quote is OnIly 21n IiI Thaaclual tax due will be reflected on the tnvoice, 2 0 . MONROE COUNTY FIRE RE CUE KRONOSINCORPORATED 0 Signatirw g NaMw.'-R9M9LrLQ,9§tQ.qL...................... Title-- Monroe Count Administrator We: R ........... DaAe: November 2 2022 wte: 10/28/2022 ................ ....... 0 0 U (SEAL) to James, �I. Dig0allysigned by JainL4 D Attest:KEVIN MADOK,CLERK Id 0�olmaar 9= Molenaar 6ilel 20�2�2.09.16 13:27:50•04W By: 0 ci Appir ,yed as to Fermi and Legal Sufficlen cy As Deputy Clerk Jamies D. Molenaar As,st. County Attorney BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT I E MONROE CouNry ATTORNEY'S OFFICE OF MONROE COUNTY,FLORIDA By: Mayor/Chairperson ................. ..........................................................................................................................—'I— UKIG KroamtwowmatedAMConvany 9W Mieftsfard Street LawallMA01851 *-18W2Z5L%1 FPacket Pg. 1050 G SUppoirt Services Q jole Pago 2 al 2 0 0 IM Quoite Type: Subs CNcrIption CN Oustomer: IMONROE COUNTY FIRE RESCUE Solution Ill 6105141 00 00 Payment Terms: Niet 30 Days Contract M 1206689 S02-JUN-22 Currency: UISD Date: cn Customer III Number, Prepared by, Sarah,III I US,Subscription CN CN 6 '71 Biill,To,. MONROE COUNTY FIRE RESCUE ShIll To: MONROE COUNTY Fill RESCUE 0) 4901 63RD ST OCEAN 490 53RD ST 010EAN MARATHON FIL 33050 MARATHON 1113130510 UNITED STATES uNrml)STATES 0 Contactl: MARK THOM PSOIN Email: tholmpson-markggmonroacciuinty-fll-giov ciiiii CN Q SUF)IF',UlR IES 7.1 1111111111111110 1 l 1 1 U) ��M 11111 Subscril I I TLILrESll BlIDE)ING V7.1+ 1901 01-OCT-2022 30-ASP-21023 361 Solirware$ervire 0 2 Subscirliplillan I, TELESTAIFF'ENTERPRISE IBU NULF V71+ 190 01-OCT-2022 30-SEP-2023 316' 0 Wware Servim E 20�99600 N U i lip 0 111i,11A Iii V IU ICI I:!S U) In WLEDGE PASS SAAS Wl SIMS 01-0011111 310 SER-2023 36.1 LO 0 CL CL 0 CL L- 0 U) 0 a 0 E ..............................-............................................. ......................... —..................... i WIG v UwmIrKwpwwrd,.AkJKGm(AmparvV 9000ellinsfordstrea 11-mellili.11MA01851 +3,800225356t FPacket Pg. 1051 E ;71 CERTIFICATE OF LIABILITY INSU RAN DAT JMMMDN �1 CE THIS CERTIFICATE IS ISSUED A$A MATTER OF INFORMATION ONLY AND CONFER$ NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE, DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EKTEND OR ALTFR T14E COVERAGE AFFORDED BY THE PO LICHEE, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSIURE11i AUTHORIZED 0 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. M IN If 1he certificate Ii Is an AbOITIONAL INSURED,the piallay(lials)must have ADDITIONAL 11NSURED proviisi ot ii ondo,ii c,4 If SLIBROGATION 11SWAIVED,Subject to the terms and conditlions of the ii pertaln pollicies may require an air dorsoment. A statement on, C'4 this,cortificate deals to Oe Certificate,holidler In I'laul of suchandorsernen s. Q PRODUCER 00 MARSH Li M. T- Pi.................................................................................................... AX �.99 1160H S'MET BDS7CK N"AP I 10 E4ML ....................................................................................... C14 INSURERU R V AFFORDING COVERAGE .................t1i C1N1 01%02 1 b-Fxun I-QAV&F-2 I- I INUIREA A!i 1 2 81 CN ---------- II NSURED 203133 cli Kvnos tuniporwicd W,R,�r"21 hb&wim kuLrAmcC�,a.......... ................................ stroel INSURER 22667 ry....................... LAW IL 1w 0 10 1 WWRER �LuQIW IffiUMMOF CbtWLrI 26620 LSq......................................................................... IN ISUR:ER E 0 COVEIRAGES CERTIFICATE NUIMSEW NYC-0 1[483 1 REVISION NUMBER: 0 THIIS IS TO GETITIFY THAT THE.POLIi OF INSURANCE LISTED BELOW HAVE BEEN 158,1 fHE INSURED NAMED ACE FOR THE POi FE-ROD cc,44 10 INDICATED NOTW[THSTANDIING ANY REMAIREIVIENT TERM OR CONIM'Ti OF ANY 00i r OR OTHER DOCUMENT WITH -ris RESPECT To WHICH H C14 CERTIFICATE W'Y BE 1$SUED OR MAY PF.1R'rPdN, THE INSURANCE AFFOi ey THIL POLICIES DESCRIBED HEREIN i SUBJECT'TO ALL, THE TEIRMS, V-: EXC�Li Ai CON1101i OF SUCH POLICIES.LIMITS S11OWN MAY HAVE 13EEN REDUCED BY i CLAIMS, Q ---- --------- PCLJICYKFF PQL VYP-- --- Q TVPE OF INSURANCE 21.L. POLICY NUMBER --ow LAMIS AE= iMMjDQffYYYI F T— A X COMMERICIAL GENERAL LIABILITY EACHOCA-,URRFNCE Is 1.01XI0K 9= 0AMX5M'pAwr6 ............................ 0 CLAIMSUADE X, QCGUR Pp R M Ist$ U) MED EXP Any one Tmni, $ PERSONAL 6 Ai INJU > 1 0 GLNL AulaftEGATE LIMIT APPLIES MR: GENERAL AGGREGATE 0 LOC x putry JIECT -Q0MT-5,CON1P10PAGG S ................................................................................................ ............ F- 13 ALITOMOGILELIAMILITY T3 6T-7,P,i QV�021 121011 mawgu 541 LIMIT 129�1*00dmnO1„IMCIG;CfCIM E X ANY AV'i DODILY INJURY�Per i S .................... OWNED AUTOS ONLY AUTOS i INJURY(i i NOR-OwNi ................. • AUTOS ONLY AUTOS ONLY U) A x 0) VililiffikelULA LIAO x OCCUR •17 11 121011 EA 2MU( U ................. > EXCESS LMB E-1 CLAIMS-MAT)E GRi........... i RETENTION S 11 UMft WORKERS COMPENSATION 7111-44-74 ----------�ji TT.Urf-W'.1................M=oir.522 r X ,PER OTH� AND EMPLOYERS'ILIAMILFTY YIN STATUTE ER 0 ANY PRCWRII'ETORIP'ARTNE,FtPEXEC,LFTIVE NIA rE L.i ACCIDENI! Iw0a CL OFFICEFMIEMBER EXCLU"i CL IIIIiIi In i EA DISEASF-FA Emi:S LOM.0101 = ibaundw ............... dls'%4111110101�ON OF OPE RATION$Del" E.L.OtSEASE 1�111MI T P-001 41(1196 1 qO� 111011i i Al C a'%NE PL1%,L R ROP E J ZTY ............................ b!830dii Of OPERATIONS au OCATION81 VEHICLES[ACCORD 10i,Addlitiona Remarks ScAudull, b6mblatAbd IF move iiii Is required) 0) APPROVED BY RISK MANAGEMENT 0 CL 0 DATE E U) 0 WAIVER Nlj�—YEA— a CERTIFICATE,HOLDER CANCELLATION 0 $40111 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1110 Swwmm,stmel THe EXPI11i DATE THEREOF, NOTIICE. WILL BE OtLI'VERED IN i Vk sA.13 YW, ACCORDANCE WITH THE POLICY PROVISIONS- E At)THORIZED REPRESENTATIVE Cl 11 IN18-2011115 A'CORD CORPORATION. Alit ri reserve. ACORD 25(21)1161031 The ACORD name and logo are registeried marks of ACORD I Packet Pg. 1052 a Y' ,flip i. 4s M- Description Support Servkr es Estimated Taaa Subtotal IE_Wa In 'Tat al 20,996.00 0,00 7499600 F7,71 o V I I • ,T A a �Y I E DANNY L. KOLHAGE U) CLERK OF THE CIRCUIT COURT 0 .2 DATE: October 1, 2012 0 TO: Jose' Tezanos, Emergency Management Planner W 4- 0 ATTN. Holly Pfiester FROM. Pamela G. Hancos;fkc. 0 At the September 21, 2012, Board of County Commissioner's meeting, the Board granted approval and authorized execution of an Amendment to the Telestaff Software License Agreement between Item G5 an Amendment to the Telestaff License Agreement between Kronos Incorporated ("Kronos") and the Monroe County Board of Governors Fire and Ambulance District I ("County") consenting assignment of Principal Decision Systems International W ("PDSI") obligations under the Telestaff Software License Agreement to Kronos the successor in rights of PDSI. 0 Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney w/o document Finance File E E U) U) 0 0 E Packet Pg. 1054 G.4.b mMj Monroe County Emergency Services Fire R:escue/EM:S—E:mergency Management—Traurna Star—KWIA—Fire Marshal—Fire Academy—UKHCTD E LETTER OF TRANSMITTAL 0 Date: September 24, 2012 CL CL ................................... Attention: Kathy Peters 0 County orney®s Office Re: Approval of an Amendment to the Telestaff Software License Agreement between Kronos Incorporated "Kronos", and the Monroe County Board of Governors Fire and Ambulance District I("County"), consenting assignment of Principal Decision Systems International ("PDSI") obligations under the Telestaff Software License Agreement to 0 Kronos the successor in rights of PDSI. ENCLOSED PLEASE FIND THE FOLLOWING ITEM(S): W ...................... .............. # DESCRIPTION . ......... 0 1 BOG Agenda Item G5 —September 21,2012—APPROVED THESE ARE TRANSMITTED AS CHECKED BELOW: 0 For Execution X] For Your Processing For Review and Comment For Review and Signature ] Returned for Corrections For Approval E REMARKS: Katherine—Tha ou. E 0 0 Holly Pfieste E 289-6088 Stop 14 Packet Pg. 1055 BOARD OF GOVERNORS E FIRE AND AMBULANCE DISTRICT I AGENDA rrEM SUMMARY Meeting Date.. S ber 21 -Services —Wteru.-.—. LLO-12— Dion: Emerggg-cy Bulk Item: Yes X No Department,*. Fire R.elggg�.............. 0 CL CL Staff Contact Person: 11 ester ext. 6088 W 4- 0 AGENDA ITEM WORDING., Approval of an Amendment to the Telestaff Software License Agreement between Kronos Incorporated('Xronos") and the Monroe County Board of Cove ors Fire and Ambulance District I ("County"), consenting assignment of Principal Decision Systems International("PDsr) obligations under the Telestaff Software License Agreement to Kronos the successor in rights of PDSI, 0 ITEM BACKGROUND: On July 20,2011, the Board of Cove ors of Fire and Ambulance District 1 of Monroe County("County") granted approval and authorized execution of Item G3,Software License Agreement with PDSI, Subsequent to execution of the contract, PDSI was acquired by Kronos. Paragraph 170)of the Software License Agreement requires PDSI to assign its obligations W U) under the agreement in writing, and requires written consent of the County to the assignment. PREVIOUS RELEVANT BOG ACTION: N/A 0 CONTRACT/AGREEMENT CHANGES: Assignment of Software License Agreement to Kronos Inc. as new owner of PIII. STAFF RECOMMENDATIONS: Approval 0 (n TOTAL COST FY12: INDIRECT COST- BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE. N/A COST TO COUNTY FY12:— SOURCE OF FUNDS: E REVENUE PRODUCING. Yes No X AMOUNT PER MONTH Year E APPROVED BY: County Atty 0/omtachasing_ Risk Management DOCUMENTATiON; Included X Not Required- 0 DISPOSITION: AGENDAITEM# 9= 0 E Revised 7109 Packet Pg. 1056 G.4.b MONROE COUNTY BOARDOF GOVERNORS E CONTRACT SUMMARY U) c� Contract with: Kronos,Inc. Contract# Effective Date: 07/20/2011 Expiration Date: Automatically renews annually CL Contract Purpose/Description: CL Approval of an Amendment to the Telestaff Software License Agreement between Kronos Incomorated("Kronos")and the Monroe County Board of Governors Fire and Ambulance District 0 1 LCounty"1,consenting assignment of Principal Decision Systems International("PDSP'1 0 obligations under the Telestaff Software License Agoment to Kronos the successor in rights of PDSI Contract Manager: Holly Pfiester 6088 Emergency Services/Stop 14 (Name) (Ext.) (Department/Stop#) for BOG meeting on 9/21/2011 Agenda Deadline: 09/4/2011 CONTRACT COSTS U) Total Dollar Value of 3 3,100— 1 o5 c i ` i licenses Current Year $6,012,64 Budgeted?Yes® No ,25Account Codes:is es gaurcbesed Portion: $ Grant:$ 11 - 530520 County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: For: Software servicetsupport and Web Hosting on original 105 $5,292/year,plus licenses(plus same as additional licenses are added). This year's additional 15 licenses total$720.64 added to$5,292. of included in dollar value above e .maintenance,utilities,janitorial,salaries,etc.) CONTRACT , _ Changes � k , �..........._. _ Date Date Needed i e Division Director Yes o , Sk Management Yeso NoEJ', I U) O.M.B./Phasing 1 Yes[]No County Attorney Yes No o a 0 Comments: E c� OMB Form Revised2/27/ 1 MCP#2 Packet Pg. 1057 ANY, Law D pmmnwiM as °Q BiHerkji Road C Chdnvowd %L&"�m mso�'OM�� 0) E KRONOS" 0) 9 81 2'10 9800 0) 881 .2 Via Federal Express 0 CL CL 4— September 6, 2012 0 .2 Holly Pfiester Executive Assistant Emergency Services 0 Monroe County Fire 490 63,d Street Ocean, Suite 140 Marathon,FL 33050 w U) Re: Amendment to the Telestaff License Agreement Dear Ms. Pfiester- 0 Enclosed are two (2) originals of the above referenced agreement executed on behalf of Kronos. Kindly return a fully executed copy to my attention. Regards, 0 Paula Stevens Legal Assistant Enclosures E E U) U) 0 a 0 E Packet Pg. 1058 i G.4.b Page� 1 (F AMENDMENT TO THE TELESTAFF LICENSE AGREEMENT This is an Amendment to the Telestaff License Agreement(the"Agreement")between the Monroe County Board of Governors Fire and Ambulance District of Monroe County( the"Customer")and Kronos Incorporated,the successor in rights of Principal Decision Systems ass International("Kronos")signed by the Customer on July 20`h,2011. U) 0 Whereas Kronos Incorporated acquired Principal Decision Systems International ("PDSI") on May 2, 2011 by purchasing of all of the 2 issued and outstanding shares of PDSI. The acquisition includes all intellectual property rights owned by PDSI as of such date, including the rights to all of its software products. In addition, Kronos Incorporated and PDSI were merged on October 1, 2011 and the company's name is Kronos Incorporated.By signing this Amendment,Kronos wishes to acknowledge its acceptance of the terms and conditions of the Agreement. CL CL Whereas the Customer wishes to continue to use the Agreement to license additional Telestaff Software with the applicable support services and renew the support and maintenance services listed on the applicable support renewal quote and that the parties wish to update 0 the applicable license and support terms. C 0 The parties hereby agree as follow: 1. By signing this Amendment, Kronos acknowledges its acceptance of the terms and conditions of the Agreement and will continue to comply with its terms and conditions. Any reference to PDSI shall be considered a reference to Kronos. 2. The parties hereby agree and acknowledge that the Agreement can continue to be used in relation with licensing of Telestaff Software and the associated support services. M All other terms and conditions of the Agreement shall remain in full force and effect. c� DATED: m .September 21, U) MONROE COUNTY BOARD OF GOVERNORS KRONOSINCORPORATED FIRE D A C D STRICT F COUNTY BY: BY: d NAME.......................................................ssioner Geor a Neugent NAME ,,, ,_ TITLE: d Chairman, .... TITLE:o � _ �� 0 cs 04. a E ON63® COUNTY ATTOiNEY AFF VE T' F T�11A Lo ALL ASSISTA OU TY TORNEY Daae�. ... ,A� a� 0 a 0 E Packet Pg. 1059 G.4.b DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August 11, 2011 TO: Fire Chief James Callahan Fire-Rescue Department AUG , , CL ATTN: Susan Hover Monroe � ��re Co��a�t e ctie 0 FROM.• Pamela G. Han �D.C. g 2 At the July 20, 2011, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item G3 Software License Agreement with Principal Decision Systems International (PDSI), the sole source provider of TeleStaff, for the purchase of software, licensing, and training necessary to use TeleStaff, a telephone and web access scheduling and time tracking system, for an initial cost of$33,100, plus $5,292 per year for web access, service and support, and approval for the Fire Chief to sign all documents as needed to complete transaction. U) Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. 0 0 cc: County Attorney via e-mail Finance via-e-mail File E U) U) 0 a 0 E c� Packet Pg. 1060 G.4.b BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 MONROE COUNTY, FL CONTRACT SUMMARY Contract with: Principal Decision Systems Contract# International(PDSI) Effective Date: 07/20/2011 Expiration Date: automatically renews annually Contract Purpose/Description: Software License Agreement with Principal Decision Systems International (PDSI),the sole source provider of TeleStaff, for the purchase of software, licensing, and training necessary to use TeleStaff, a telephone and web access scheduling and time tracking 0 system, for an initial cost of$33,100, plus $5,292 per year for web access, service and support. Contract Manager: Mark Thompson 6088 Fire Rescue /Stop 14 (S. Hover) ............................. (Name) (Ext.) (Department/Stop#) for BOCC meeting on 07/20/11 Agenda Deadline: 07/05/11 c� CONTRACT COSTS W U) Total Dollar Value of Contract: $ $ 33,100.00 Current Year $33,100.00 Portion: $ Budgeted?Yes® No ❑ Account Codes: 11500 530520 0 Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ 5,292 /yr For: Web access, service and support (Not included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.) c� CONTRACT REVIEW Changes Date Out D ate In Needed iew _ . Division Director � Yes No D b "' g t y . ,� Yes No � . Risk Mana eme _... .._ _......... O. B./Purchasing Ci -2. Yes No _�_ .. " ` �.. a) Count Attorne m Yes No ... " .._.. _...................... ... y sy ❑ .._.._.. . i( 0 Comments: E OMB Form Revised 2/27/01 MCP#2 Packet Pg. 1061 G.4.b BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 AGENDA ITEM SUMMARY ...,. Meeting Date: July 20, 2011 Division: Emerp-enev Services a sts Bulk Item: Yes _ No X "�� Department: Fire Rescue 2 Staff Contact erson/Phone#Mark Thom son/`S. HovM x6088 AGENDA ITEM WORDING: Approval o enter into a Software License with Principal Decision Systems International (PDSI), the ole source provider ofTelex.' ,� eement for the purchase of software, licensing, and training necessary to use TeleStaff, a tele e and web access scheduling and time tracking system, for an initial cost of$33,100, plus $5,292 per year for web access, service and 0 support, and approval for the Fire Chief to sign all documents as needed to complete transaction. 2 ITEM BACKGROUND: The current method used by Monroe County Fire Rescue (MCFR) for managing day-to-day staffing scheduling and time tracking of 100 firefighters and ten stations is manual and antiquated,requiring a tremendous amount of staff hours to complete. Implementing TeleStaff, a telephone and web access scheduling and employee time tracking system, will improve the accuracy and efficiency by which MCFR manages day-to-day staffing by implementing an advanced automated electronic scheduling solution that will streamline critical staff scheduling, reduce the amount of time currently spent on minimum staffing requirements, allow better tracking and control of overtime costs and causes, and improve department data reporting and auditing ability. See attached for additional information. U) PREVIOUS RELEVANT BOARD ACTION: None. CONTRACT/AGREEMENT CHANGES: None. This is a new contract. 0 STAFF RECOMMENDATIONS: Approval as written. TOTAL COST FY11: $ 33,100.00 INDIRECT COST: 5,292* BUDGETED: Yes X No *per year for web access, service and support DIFFERENTIAL OF LOCAL PREFERENCE: / COST TO COUNTY FY11: 33,100.00 SOURCE OF FUNDS: Ad Valorem Taxes 11500-530-520 E REVENUE PRODUCING: Yes No A OUNT PER MONTH- Year CA APPROVED BY: County Atty O' /wurcliasing Risk Management—_ DOCUMENTATION: Included Not Required„ 0 DISPOSITION:, r "" ., AGENDA ITEM# : Revised 7,/09 E c� Packet Pg. 1062 G.4.b a� TeleStaff n SOFTWARE LICENSE AGREEMENT TELESTAFF LICENSE AND ANNUAL SERVICE AGREEMENT CL CL This Agreement("AGREEMENT") made by and between Principal Decision Systems International ("PDSI")that has its principal place of business at 50 Corporate Park, Irvine,CA 92606, and Monroe County Board of Governors of Fire and Ambulance District 1, Monroe County, FL, ("CUSTOMER"), for the exclusive use g of Monroe County Fire Rescue,that has Its' headquarters at 490 63rd Street Ocean, Marathon, FL 33050, shall be subject to the following terms and conditions: Whereas,PDSI has developed a telecommunications/computer technology which consists of certain software known as TELESTAFF; and Whereas,PDSI Imposes certain license requirements on customers desirous of purchasing a license for TELESTAFF;and Whereas, CUSTOMER wishes to contract with PDSI to: (1)implement a license to use TELESTAFF, (2)train CUSTOMER on its configuration and use,and(3)as applicable,implement all licenses necessary to use TELESTAFF;and Whereas,PDSI is wllling to contract with CUSTOMER to:(1)grant CUSTOMER a license to use TELESTAFF,(2)train CUSTOMER on its configuration and use,and(3)as applicable,grant all licenses necessary to use TELESTAFF; U) Now, therefore, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration„the receipt and sufficiency of which is hereby acknowledged,and intending to be legally bound hereby,PDSI and CUSTOMER do hereby agree as follows: C 1, Ownership and License of TELESTAFF Except as provided herein at paragraph 2(b),PDSI hereby grants to CUSTOMER a license to use TELESTAFF in object code form. CUSTOMER shall abide by the terms and conditions of this license as stated herein. The parties recognize and acknowledge that ownership of TELESTAFF shall remain with PDSI. 2. Copyright and Proprietary Protection. 0 (a) TELESTAFF is owned by PDSI, and is protected by United States and international copyright laws and international trade provisions. CUSTOMER must treat TELESTAFF like any other copyrighted material. This License and CUSTOMER's right to use TELESTAFF shall terminate automatically if CUSTOMER violates any part of this AGREEMENT. In the event of termination for any reason other than non-renewal of Service and Support as described herein at Section 10,CUSTOMER must immediately return TELESTAFF and accompanying documentation to PDSI. (b) CUSTOMER shall not: , (i) Modify TELESTAFF and/or merge it into another program for CUSTOMER use except by express,written permission from PDSI. Any portion of TELESTAFF merged into another program following the express,written permission from PDSI will be subject to the terms of this AGREEMENT; (li) Reverse engineer, disassemble, decompile, or make any attempt to discover the source code or methodology of TELESTAFF; (ill) Copy TELESTAFF for any reason other than to make one backup copy in machine-readable form for archival purposes; U) (iv) Use software other than TELESTAFF to connect directly to the Sybase database for the purpose of extracting, modifying, deleting, viewing and/or adding data. CUSTOMER acknowledges that such direct connection to the database violates the OEM agreement between PDSI and Sybase. U) C C C 3. Execution Date. The Execution Date is defined as the date this AGREEMENT is signed by an authorized agent of CUSTOMER. 4. IM. This AGREEMENT is effective and binding upon PDSI and CUSTOMER upon the Execution Date as defined in paragraph 3 herein and shall remain in effect for a term of one (1) year, unless terminated as provided herein. On each anniversary date thereafter,this AGREEMENT shall automatically renew for a term of one(1)year,unless otherwise terminated as provided herein. TeleStaff License Agreement Last Updated:61912011 Page 104 CUSTOMER INITIALS: Packet Pg. 1063 G.4.b 5. Product Components. The following constitutes a list of TELESTAFF components and associated fees that CUSTOMER does hereby agree to purchase from PDSI available in connection with the use of TELESTAFF. See Appendix A for the recommended TELESTAFF hardware specifications. All fees shown below are one time only charges except as described further in this agreement. rn 0 Initial Component 2 TELESTAFF Enterprise Software License for 105 FIRE Staff Members $ 14,700 TELESTAFF Implementation Services for 105 FIRE Staff Members $ 10,000 TELESTAFF Phase 2 Implementation Services for 105 FIRE Staff $ 5,000 Members 0 One year of PDSI-hosted Web Access for 105 Staff Members Included for first year;thereafter$2058 per CL CL year Sybase Concurrent Connections(1)Qty:12 $ 1,500 4 Port Telephony Hardware Qty:1 $ 1,000 - 4 Port Telephony License(Dongle)Qty:1 $ 900 9= TeleStaff Reporting Module Qty:1 INCLUDED 0 Total Initial Acquisition Cost $ 33,100 6. Prf In . PDSI agrees to lock in the fees being offered as described above in paragraph 5 for 90 days after 614/2011, or until 713112011. 7. Payments. CUSTOMER agrees that all pricing and amounts due hereunder are based on United States currency and that all amounts shown will be paid in accordance with the Florida Local Government Prompt Payment Act. All payments are subject to an annual appropriation by the Monroe County Board of County Commissioners and Monroe County Board of Governors of Fire and Ambulance District 1. Initial Component TELESTAFF Enterprise Software License and applicable Sales Tax Due Upon Delivery of TeleStaff Software CD W for 105 Staff Members version 2.x rn TELESTAFF Implementation Services for 105 FIRE Staff Members Due Upon Delivery of TeleStaff Software CD version 2.x One year of PDSI-hosted Web Access for 105 Staff Members Due Upon Delivery of TeleStaff Software CD version 2.x Sybase Concurrent Connections(1)and applicable Sales Tax Net 60 Days 4 Port Telephony Hardware and applicable Sales Tax Net 60 Days 4 Port Telephony License(Dongle)and applicable Sales Tax Net 60 Days 8„ Travel Expenses. CUSTOMER agrees to pay for all travel expenses related to TELESTAFF implementation and training services as defined in Appendix B. All travel expenses will be paid In accordance with Section 112.061,Florida Statutes,and the vendor will be required to fill out any necessary travel voucher documents submitted by the Monroe County Clerk of Courts. in 9. Implementation Services. Implementation Services include configuration of TELESTAFF as defined in Appendix B. CUSTOMER acknowledges that training and/or reconfiguration requested by CUSTOMER in addition to that defined in Appendix B will be at an additional cost. 10. Annual Service and Support. Service and Support of TELESTAFF is provided at no additional charge during the first twelve(12) months following the Execution Date. See Appendix C for the definition of Service and Support. CUSTOMER does hereby acknowledge that on each anniversary of the Execution Date, CUSTOMER may renew service and support under the following , events: n gMpnl Pamn TELESTAFF for 105 FIRE Staff Members-1st Anniversary $ 3,234 per year commencing in Year 2 of the of the Execution Date agreement. Subsequent anniversaries during term Thereafter,a 3%maximum increase over the previous period Should CUSTOMER elect not to renew Service and Support on the anniversary of any Execution Date,CUSTOMER acknowledges that any subsequent re-enrollment for Service and Support will only be accepted by PDSI after CUSTOMER cures the previous lapse In Service and Support by paying PDSI the Service and Support fee for the lapsed periods. In addition,CUSTOMER acknowledges that PDSI may assess CUSTOMER a Service and Support re-instatement fee that will not exceed ten percent(10%)of the Service U) and Support fee for the lapsed periods. PDSI reserves the right to discontinue Service and Support of previous releases of 0 TELESTAFF as defined in Appendix C. 0 Should CUSTOMER increase the licensed capacity of TELESTAFF,CUSTOMER acknowledges that Annual Service and Support wtll Increase as specified in Section 12 beginning with the next renewal period. it, Web Access. Access to TELESTAFF via the web is hosted by PDSI. CUSTOMER does hereby acknowledge that on each event and for the fee specified below,CUSTOMER can renew web access: c� TeleStaff License Agreement Last Updated:61912011 Page 2 of 4 CUSTOMER INITIALS: Packet Pg. 1064 E Initial gyqnt Payment PDSI-hosted Web Access for 105 FIRE Staff Members-1 $ 2,058 month after 1st Anniversary of the Execution Date U) Subsequent anniversaries during term Thereafter,a 3%maximum increase over the previous 0 period .2 Should CUSTOMER elect not to renew web access or fall to pay the usage fee specified above in advance the subsequent 12 month period,CUSTOMER acknowledges that PDSI will disable CUSTOMER access from the Internet 0 CL 12 increases In:Lig2ale CARpSNT CL CUSTOMER may increase the capacity of its TELESTAFF license at a future date In increments of ,o`5 staff members for an additional fee. CUSTOMER acknowledges that increasing its TELESTAFF license capacity will also cause an LO Increase in Annual Service and Support, and Web Access services(PDSI-hosted Usage or Self-Hosted License and Annual Service 4- and Support),if applicable. The following table shows the current pricing for all upgradeable components,however,pricing Is subject 0 to change without notice, Increases in TELESTAFF Annual Service and Support, PDSI-Hosted Web Access, and Self-hosted Web 0 Access Annual Service and Support will be reflected at the first involcing cycle following any TELESTAFF License Upgrade �,t itial EY218 Payment TELESTAFF License U made of m pg C i Oper 5 staff members Ills rr "Alen, TELESTAFF Annual Service and Support Additional e-e-W U 161 Ts/..of co bined Lai W TELESTAFF License Upgrade PLUS current Annual 0 Service and Support amount 0 PDSI-hosted Web Access Usage Fee(if applicable) Additional fee equal to 15%of combined total of TELESTAFF License Upgrade PLUS current WEBSTAFF Usage amount ro Web Access Self-Hosted License Upgrade(if applicable) $ 300 per 5 staff members(one time fee) Web Access Self-Hosted Annual Service and Support(if 20%of Web Access Self-hosted License Upgrade fee applicable)(annual fee) cis Hourly rate for Additional Training as specified In Appendix $ 200 per hour W B,ADDITIONAL TRAINING U) 13. UM&q_Wa_rMn.1y.PDSI WARRANTS TELESTAFF TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND TO OPERATE IN REASONABLE ACCORDANCE WITH TELESTAFF USER MANUALS, HOWEVER, PDSI W DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TELESTAFF WILL MEET CUSTOMER'S REQUIREMENTS OR 0 THAT THE OPERATION OF TELESTAFF WILL BE UNINTERRUPTED OR ERROR FREE. THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES,EXPRESSED OR IMPLIED,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 14. Limitation of Liabliltv. PDSI'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDIES SHALL BE THE REPLACEMENT OF TELESTAFF UPON NOTIFICATION OF REPORTED DEFICIENCIES. IN NO EVENT WILL PDSI BE LIABLE 1 TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY CLAIMS OR DAMAGES, INCLUDING ANY LOST WAGES, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES,ARISING OUT OF THE USE OR INABILITY TO USE TELESTAFF EVEN IF PDSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 15. Indemnification. Each party to this Agreement shall hold harmless and indemnify the other, and its directors, officers, employees and agents,from/for any and all liability claims,losses,and/or damages suffered by the other party,arising from or directly related to this Agreement,except to that which is/are attributable to the negligent or Intentional misconduct of the other party. 16. Termination. This AGREEMENT shall terminate upon the following events: (a) In the case of an event of default(if CUSTOMER or PDSI falls to satisfy any of its respective covenants, duties or obilgations under this AGREEMENT),the non-defaulting party shall have the option to terminate this AGREEMENT. In the event of default, E the non-defaulting party shall give written notice to the defaulting party of the alleged default and give such party at least thirty (30)days in which to cure the alleged default. If the defaulting party does not satisfactorily cure its default, the non-defaulting party has the right to terminate upon thirty (30) days additional written notice stating the defaulting party's failure to cure the E default; (b) By mutual consent between both parties; ro U) 17, Miscellaneous Provisions. (a) 6M2ng_mQntq. This AGREEMENT shall not be modified or amended except by another agreement in writing executed by the 0 parties hereto. a 0 L_ (b) Entire Agreement. This AGREEMENT, Including Appendices A, B, and C attached hereto, supersedes all prior discussions, � understanding and agreement between the parties with respect to the matters contained herein, and constlutes the entire agreement between the parties with respect to the matters contemplated herein. E (c) GovqmInq Law. This AGREEMENT shall be construed and enforced in accordance with the laws of the State of California. TeleStaff License Agreement Last updated.. 6/9/2011 Page 3 of 4 CUSTOMER INITIALgc- E­ I Packet Pg. 1065 G.4.b (d) Taxes: CUSTOMER Is exempt from sales and use taxes (a) Ngtirgs, All notices, requests, demands and/or other communications required or permitted to be given or made by this AGREEMENT shall be in writing and shall be delivered by commercial overnight delivery services which provides for receipt, or mailed by certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses referenced above. Any party may change its address for purposes of this AGREEMENT by notice in writing to the other party. U (0 Ng Wgiver. No failure on the part of any party hereto to exercise,and no delay in exercising any right,power or remedy or partial exercise of any right power or remedy by any party will preclude any other or future exercise of any other right,power or remedy or partial right,power or remedy No express waiver of assent by any party hereto to any default in any term or condition of this AGREEMENT shall constitute a waiver of or an assent to any succeeding default in the same or any other term or condition CL hereof. CL (g) ssianability, This AGREEMENT shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, 4- successors,assigns and personal representatives C h Pricing, Pricing O g. provided for components in Section 5 apply only to PDSI products and services,and not for 3'°party products and services that integrate with or relate to TeleStaff(unless otherwise noted), (1) Venue. Any actions to enforce the terms of this agreement will be filed In the Sixteenth Judicial Circuit,Monroe County,Florida. 0) h�UBCOhdT�CT._PDSI shall not assign or subcontract its obligations under this agreement to others,except in writing and with the prior written approval of the Board of County Commissioners of Monroe County„which approval shall not be unreasonably withheld This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee 00 or sub shall compiy with all of the provisions of this agreement. Unless expressly provided for therein„such approval shall in no manner or event be deemed to impose any additional obEgat'ion upon the board (k) DISCLOSURE AND CONFLICT OF INTEREST PDSI represents that it,its directors,principles and employees,presently have no interest and shall acquire no interest,either direct or indirect,which would conflict in any manner with the performance of services required y this contract„as provided in Sect,112,311,at seq.,Florida Statutes PDSI agrees that officers and employees of the PDSI recognize and will be required to comply with the standards of conduct for public officers and employees e) as delineated in Section 112.313,Florida Statutes,regarding,but not limited to,solicitation or acceptance of gifts;doing business with one's agency,unauthorizedcompensation;misuse of public position,conflicting employment or contractual relationship,and disclosure or use of certain Information (I) PDSI warrants that,in respect to itself,it has neither employed nor retained any company or person,other than a bona fide C employee working solely for it,to solicit or secure this Agreement and that it has not paid or agreed to pay any person,company corporation,individual,or firm,other than a bona fide employee working solely for it,any fee,commission„percentage,gift,or other consideration contingent upon or resulting from the award or making of this Agreement For the breach or violation of the provision,the PDSI agrees that the CUSTOMER shall have the right to terminate this Agreement without liability and,at its discretion,to offset from manias owed, or otherwise recover,the to amount of such fee,commission,percentage,gift,or consideration 0 (m) ETHICS C USE PDSI warrants that he/it has not employed,retained or otherwise had act on hisrrts behalf any former County in officer or employee in violation of Section 2 of Ordinance o 10-1990 or any County officer or employee in violation or Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may,in its discretion,terminate this contract without liabllity and may also,in its discretion,deduct from the contract or purchase price,or otherwise recover,the full amount of any fee,commission,percentage,gift,or consideration paid to the foufuy I TORNE u, ARR(',�OVE AS TP`7 Rio: lyl I� N f"RA L. HALL IN WITNESS WHEREOF,th9, es have signed this AGREEMENT 6 n fi i� MQnrgg Counri Board of Governors of E Fir n A I PDSt Monroe Counly (CU ) BY �..-:. �.... ....m By U) Title Title 6 � 1^3 f Date Date. c� TeleStaff License Agreement Last Updated 6d l2011 rage a or 4 CUSTOMER IN TIAL S Packet Pg. 1066 E State of Caffornia ,CALIFORNIA A[ L-P URP County of CERTIFICATE OF ACKNOWLIDGMENT U) On beforerne, _,.- Makae--- Vww Msen.name ft, Qnn�� 0 CL personaHy appeared , CL 4- 0 .............................................................................................. ............ C .2 who Iproved to me on the baMs of satisfactory evidence to be the peirson(s)whose narne(s)is/are subscribed to the Mthirt instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislheir/th& signature(s) on the instrUment the person(s), or the entity upoin Ibehalf of which the person(s)acted,executed the instruiment. 1 0 I certify under FIENALTY OF PERJLJRY under the laws of the State of Cahfornua that the foregoing paragraph is true and correct, IF— J,M.MATUSZ Cu #1857181 z 0 X Notary Pubflic�CaMornia W WiTNESS rny 1--nand an. officla seaL 0 z Orange County U) M Signature 0 (Seai) OPTIONAL INFORMATION ................... A it hough die iriforrno I or in t1ii.s sect ion �s r)or requireci by iow,it coukl prevevir frnudoler)r removo Ia iid rewrrxlw-nen�of II ockr7owfeeJgmenr to orp unriuch a ri;.,erJ eJoe..unrwnr ond rnay prow usefij I no por�;ons reb;itg co-"�N-w(it tociped docurnent, 0 Descriptioin of Attacf-ied Document All fA "M M ft The preced�ng Ce Cfkate of AcknoMed(jffler)t is attached to a d0l'Urnent Method of S gner denflfir.aflorl Prcv,m to nip on�tw hands nfsao�A'aumy ev�'denr.e tided/for the p.urpose of :5()C4��rq av- N 6 'X)�ma�:all event i,.,detai Qd�n rmu ryk:�u�nal Page Entry contaunk'q pages,and dated E 11he signer(s)capacity or auffiority Ware as� Notau contam .......... E nd v duals) Other J' MAT'SZ A #1�5 7111 z Notary b F'I Ca 0 Ig C t ral e oun 0fr M ua,E auL Au rr ey r,fa," (ofp raze Off Pr(,,; U) ----------- GU ar6an/-".onservator U) Partner 0 0 cRher: ....................... representing ............... Nam'k�')"f pe;�<nn sl w;nmv(.Pck 5'ejne"us RnprelenNl�rq E ............ C C vpr,6ght 26'O! Yt.or, rbr.P?25 -)OT 51, ';rl'31 2 36 2 FwrlAckcj" Y0101 In';t ordp�'faafi w l Neul Packet Pg. 1067 G.4.b a� Appendix A—TeleStaff Hardware Specifications PDSI DOES NOT TAKE RESPONSIBILITY FOR HARDWARE PURCHASED BY CUSTOMER U) CUSTOMER IS RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING THE TECHNICAL (HARDWARE/SOFTWARE/NETWORK) ENVIRONMENT IN WHICH TELESTAFF OPERATES. AS SUCH, CUSTOMER IS RESPONSIBLE FOR ALL ENVIRONMENTAL CONSIDERATIONS INCLUDING BUT NOT LIMITED TO OPERATING TELESTAFF IN VIRTUAL ENVIRONMENTS. CUSTOMER IS ALSO RESPONSIBLE FOR CONFIGURING FIREWALL AND SECURITY SETTINGS SO THAT TELESTAFF AND WEB ACCESS COMPONENTS ARE OPERATIONAL. IN ADDITION, CUSTOMER IS RESPONSIBLE FOR INSTALLATION AND MAINTENANCE OF ANALOG 1� TELEPHONE PORTS AND/OR ALTERNATIVE DIGITAL OR VOIP SYSTEMS. PDSI SPECIALISTS CAN PROVIDE TECHNICAL O INFORMATION AND RECOMMENDATIONS BUT CAN NOT BE RESPONSIBLE FOR CUSTOMER'S UNIQUE TECHNOLOGY CL CL ENVIRONMENTS. Following are the MINIMUM specifications required for a TeleStaff server designed to operate the TeleStaff software, database 0 management system and telephony components. a O NOTE: The following recommended specs are for a single server running all TeleStaff components. Server Specs: a. Minimum (<500 Staff) i. Dual Core Xeon Processor(s) li. 2GB RAM iii. RAID-5 Storage(At least 15K RPM Drives) iv. PCIe slot(s)for Dialogic Card(s) v. Any Sound Device a b. Minimum (<1000 Staff) W i. Quad Core Xeon Processor(s) ii. 4GB RAM iii. RAID-5 Storage(At least 15K RPM Drives) iv. PCIe slot(s)for Dialogic Card(s) v. Any Sound Device 0 c. Minimum (<2000 Staff) i. Dual Quad Core Xeon Processor(s) ii. 4GB RAM iii. RAID-5 Storage(At least 15K RPM Drives) iv. PCIe slot(s)for Dialogic Card(s) v. Any Sound Device d. Minimum (>2000 Staff) i. Dual Quad Core Xeon Processor(s) ii. 8GB RAM iii. RAID-5 Storage(At least 15K RPM Drives) , iv. PCIe slot(s)for Dialogic Card(s) v. Any Sound Device Operating System: The following Operating Systems are currently supported for the Server E • Windows Server 2000 • Windows Server 2003 • Windows Server 2003 Enterprise Edition U) • Windows Server 2008—TeleStaff 2.61 only Please note: Currently only 32-bit Operating Systems are supported. To utilize more than 3GB of RAM you must use the Enterprise version of Windows Server. TeleStaff is not compatible with Small Business Server or Web Edition. 0 a O E c� TeleStaff License Agreement Appendix A Last Updated: 6/912011 Gage f of 2 CUSTOMER INITIAL Packet Pg. 1068 G.4.b as Telephony Components(Purchase from PDSI): • 4-or 12-port port Dialogic Telephony system • D4PCIU4SW—PCI 2.2x compliant board(universal connector) • D4PCIU4SEW—PCI Express form factor uy Both the D4PCIU4SW and D4PCIU4SEW are 4 port cards.They are half-length. 0 • D120JCTLS—PCI 2.2x compliant board(universal connector) • D120JCTLSEW—PCI Express form factor Both the D120JCTLS and D120JCTLSEW are 6 port cards,which can support up to 12 lines.They are full-length. 00 ® Telephony system dongles(4-or 12-port) 0 CL CL Sybase Licenses(Purchase from PDSI: ,- • Sybase Client database license(7 concurrent users) 0 • Sybase Studio database license(1 concurrent user) C 0 M c� Phone System: Telephony features of TeleStaff are tested and compatible with the POTS analog telephone standard. PDSI does not support department phone systems that are not compliant with this standard. TeleStaff Performance: The specs provided are MINIMUM hardware requirements.TeleStaff performance can degrade depending on a number of factors, including, but not limited to, number of staff members in the database, number of concurrent users, and complexity and number of staffing rules and roster alarms. If the potential for any of these factors exists, PDSI recommends a dual-core processor server with at least 4 GB of RAM and recommends that the City consider component distribution as discussed below. c� OPTION: Application Distribution U) TeleStaff comprises multiple software applications that n operate on separate hardware devices. In some situations, improved performance may be achieved by separating processing-intensive applications and deploying them on separate servers. Common 9= distribution methods include separating and deploying the Database Management System (DBMS), the business logic processing (Middle Tier)and the Telephony components. Application distribution can occur at any time For departments with over 1000 users. 0 PDSI recommends utilizing more than 1 server. Recommended Minimum Client Machine Specs: • Pentium IV Class 2.4 GHz CPU • 2GBkAM • 40 GB Hard Drive(Note: TeleStaff databases do not take up significant HD space,but most machines come with 70+GB by default) • Computer sound card(If you want to hear/record voices in the TeleStaff database) �y • Speakers(to hear TeleStaff recordings) • Microphone(if you want to record voices in the TeleStaff database) • Network Interface Card • Windows 2000,Vista,or XP c� • Windows 7—TeleStaff 2.61 only The customer may connect additional PCs to the TeleStaff system by installing the TeleStaff client software(included)provided they are connected to the TeleStaff system by a network using the TCP/IP protocol. Optional Separate Web Server MinimumSpecs: a. Minimum(<500 Staff) E vi. Pentium 4 3.0 Ghz vii. 2B RAM ro viii. 40B Hard Drive e) b. Minimum(<1500 Staff) ix. Pentium 4 3.0 Ghz x. 4GB RAM 9= xi. 40B Hard Drive c. Minimum(> 1500 Staff) xii. Dual Core Xeon Processor xiii. BGB RAM E xiv. 40B Hard Drive TeleStaff License Agreement Appendix A Last Updated: 61912011 Page 2 of 2 CUSTOMER INITIAL43 Packet Pg. 1069 E U) Appendix B—TELESTAFF Implementation Services Partnership Agreement IT IS EXTREMELY IMPORTANT THAT CUSTOMER UNDERSTAND THE FOLLOWING: For the Implementation Services fee specified in paragraph 5 of this AGREEMENT, PDSI Will train CUSTOMER on the operation of 0 TeleStaff and will train CUSTOMER on how to configure the TeleStaff system using CUSTOMER data. The following steps comprise a CL CL summary of the TeleStaff Implementation Services. NOTE: This Appendix outlines the recommended approach to the implementation process,based on PDSI's experience with its customers. Because of the highly configurable nature of TeleStaff,there may need to be 4- changes to the Implementation Process and Services described below. (NOTE: A PROJECT PLAN DETAILING SPECIFIC 0 CUSTOMER DELIVERABLES, MILESTONES, AND SCHEDULE WILL BE DEVELOPED BY CUSTOMER AND PDSI DURING THE 9= PROJECT.) .2 DEPLOYMENT PLAN: The following tasks are part of the Deployment Implementation Process. When CUSTOMER completes these tasks they will be in production with the TeleStaff Roster and Calendar and will be able to reap the benefits associated with centralized staffing,audit trails,emergency notifications, W reports, and feeds to down stream systems. At the end of this process, users will be able to 0 request leave,sign up for overtime,and respond to emergency call outs via phone,client,or web 0 access. • Project Initiation:An INTRO CALL with the PDSI Project Manager(PM),PDSI Account Executive,and CUSTOMER sponsor is held to discuss expectations, roles and responsibilities. This meeting ensures the appropriate resources are assigned to >_ CUSTOMER project team and that the scope of the project is accurately defined. After the INTRO CALL,PM sends CUSTOMER a Welcome Packet containing an overview of the Implementation Process and information on how to prepare for the changes associated with implementing TeleStaff.A TECH CALL with the PM,CUSTOMER sponsor,CUSTOMER project W lead and IT representative,is held to review hardware and software specifications. The PM is responsible for guiding U) CUSTOMER through the implementation process;however,CUSTOMER is ultimately responsible for a successful implementation,including allocating appropriate resources. • Project Planning:A PROJECT PLAN CALL with PM,CUSTOMER sponsor and CUSTOMER project lead is held to create and refine the project plan. The Project Plan provides details on the specific tasks including due dates,predecessors,and 0 owner. The plan also details CUSTOMER and PDSI deliverables, milestones,and status. After the call the Project Plan is provided to the CUSTOMER. • Project Kick-Off:The PM and CUSTOMER project team hold a KICK-OFF CALL to review the Project Plan,with particular focus on project scope,objectives, product functionality,project team roles and responsibilities,and a roadmap for the implementation. Dates for CONFIGURATION TRAINING(S)are discussed. Lastly,the PM will direct CUSTOMER to review the training videos and review training manuals which can be downloaded from the TeleStaff website. . CUSTOMER provides Daily Detail Roster Sheets before DATA COLLECTION. 0 • Hardware Setup: PDSI will ship any TELESTAFF hardware(that was purchased.through PDSI—dialogic telephony cards, dongles,etc.)to CUSTOMER and provide the necessary installation documentation. • Data Collection:This phase begins with a DATA COLLECTION Web Conference call with the PM and CUSTOMER project team during which the PM instructs CUSTOMER project team to collect organize,and format pertinent CUSTOMER data for the creation of the TELESTAFF database. During the call,PM reviews organization structure with CUSTOMER.CUSTOMER provides the data which the PM uses to create a database. • Database Review: PM creates the TELESTAFF database. PM and CUSTOMER review the initial database(via Web Conference). PM makes recommendations to CUSTOMER regarding reworking the database to accurately reflect CUSTOMER organizational structure. CUSTOMER makes necessary changes,as appropriate. • Deployment Configuration:PM and CUSTOMER perforrh basic configuration of TeleStaff via multiple Web Conference calls E to:Including work codes and rules associated with work code usage After each call,CUSTOMER applies the acquired knowledge and completes the tasks. • Testing&End-User Training:Once the roster and work codes are configured by CUSTOMER,rigorous testing must be E undertaken by CUSTOMER. CONFIGURATION TESTING includes testing of all components that CUSTOMER needs for Deployment of the roster,calendar,and work codes,which may Include: phones,Contact Manager,Line Manager,Task Manager,E-mail Manager, Fax Manager,and the Gateway(in the case that the system is interfacing with a Third-party U) application). CUSTOMER creates a test plan,assigns users to test the system,creates test scripts,and conducts any reconfiguration necessary. After testing and reconfiguration is completed,Train the Trainer(Administrator)training is conducted by PM for CUSTOMER project team.CUSTOMER is also responsible for end-user training(including creating a training plan,creating training documentation,and conducting super-user and end-user training classes). Training U) 0 documentation and direction to standard online training material is supplied by PDSI.• a 0 Deployment: Deployment is typically in 2 stages:parallel testing for 2 weeks,then full Deployment of the roster,calendar,and work codes In a production environment throughout the entire organization. E Advanced Configuration Plan is PHASE 2 of Implementation. The following set-vices apply if section 5 of the license agreement has included the fees associated with PHASE 2 TeleStaff License Agreement Appendix B Last updated.. 61912011 Page 1 of 2 CUSTOMER INITIALS:�'31cc__ Packet Pg. 1070 G.4.b ADVANCED CONFIGURATION PLAN: The following tasks are part of the Advanced Configuration Process. Once CUSTOMER has successfully deployed the TeleStaff Roster, Calendar, and Work Codes into a production U) environment, they can proceed to the Advanced Configuration Process to add intelligent staffing functionality to TeleStaff. At the end of this process, staffers will be able to automate intelligent staffing functionality in TeleStaff. • Review Project Scope: PM and CUSTOMER review project scope and objectives. CL • Staffing Process Review:PM instructs CUSTOMER on how to effectively analyze and document the current process the CL department follows to fill vacancies. After the staffing diagrams are completed, PM and CUSTOMER project team review the current staffing process. The current process is defined and,if necessary,revised and standardized within the department. - PM creates a Project Scope document defining project objectives agreed upon by both parties. Advanced Configuration Training:CUSTOMER dedicates appropriate resources for configuration training.The purpose of the ADVANCED CONFIGURATION TRAINING is to train CUSTOMER on how to configure for intelligent staffing,have CUSTOMER actually configure the rules, and begin testing the configuration. ADVANCED CONFIGURATION TRAINING will �? occur either at PDSI's training facility in Irvine,CA or at the CUSTOMER's location,at the option of CUSTOMER. The ADVANCED CONFIGURATION TRAINING class has a maximum duration of 5 days. The actual duration will depend on CUSTOMER's business needs. If the training takes place at the CUSTOMER's location,then the parties agree that the CUSTOMER will be responsible for travel costs as outlined in paragraph 8 of this Agreement Testing and Training:Once TELESTAFF is fully configured by CUSTOMER,rigorous configuration testing is undertaken by CUSTOMER. CONFIGURATION TESTING includes testing of all components that CUSTOMER needs for production of intelligent staffing,which may include: phones,Contact Manager,Line Manager,Task Manager,E-mail Manager,Fax Manager,and the Gateway(in the case that the system is interfacing with a Third-party application). CUSTOMER creates a 0 test plan;assigns users to test the system,creates test scripts,and conducts reconfiguration as necessary. CUSTOMER is also responsible for additional training(including creating a training plan,creating training documentation,and conducting super-user training classes). • Production with Advanced Functionality: PM and CUSTOMER project team review the PDSI TeleStaff Help Desk vy procedures. From this point forward,the Help Desk is the first point of contact for technical issues with TELESTAFF. 0 LO c� E E U) U) 0 0 E c� 1 eleSfaff License Agreement Appendix S Last Updated: 6l OI I Page 2 of 2 CUSTOMER INITIALS:—)( Packet Pg. 1071 E Appendix C-Annual Service and Support U) "Normal Business Hours" are 6:00 AM through 6:00 PM (Pacific Standard Time), Monday through Friday, excluding holidays and other office closures(notification of which will be provided to CUSTOMER). All Software Errors reported by CUSTOMER shall be resolved as set forth below. Initial response by PDSI will be based upon CUSTOMER's full description of the problem.Resolution response will be based upon the priority assigned by PDSI 0 CL as defined below. If CUSTOMER determines that a Software Error exists,CUSTOMER shall notify PDSI through PDSI's CL web portal (hqgJ/slxw b.pds1-_software.c2m a a wing L_ _D, providing the exact verbiage from error messages, scre nshots showing in details, and any other information relevant to giving an accurate description of the error,The ticket number generated by 4- the portal shall be used for all subsequent inquiries relating to the original problem. Please contact your Customer 0 Account Manager for a unique login ID and password. Outside of Normal Business Hours,CUSTOMER will open a ticket C through the Web Portal then notify PDSI of the problem by telephone. Telephone notification will be made to PDSI's .0 support line at(866)324-1598. .2 The main support line will be answered either by a PDSI representative or an automated attendant at all hours. During Normal Business Hours, each trouble report by phone will be assigned a support ticket number and updates will be entered through the Web Portal. The call will be handled according to the priority assigned by PDSI. In the case of priority-one problems,as noted below,CUSTOMER may be able to speak directly to a TeleStaff Support Representative if 0 one is available. Outside of Normal Business Hours, Priority 1 support, as described in this appendix, will be made 0 available through a pager system. The phone number is 866-324-1598. Priority 1 support is available 24 hours per day, 7 days per week to CUSTOMER's with a LIVE status. All other problems will be handled through updates to the ticket, which generate an email or a callback. If requested or so stipulated in the response time criteria below, a PDSI representative will return the call or e-mail in a manner consistent with the priority and order in which the call was >_ received. CUSTOMER shall make every effort to respond to PDSI in a timely fashion when requests are made to follow- up calls or additional documentation on the reported problem. W Priorities are assigned as follows: U) Prio One Hours of Availability: 24 hours/day,7 daystweek 0 A critical Software error that severely Impacts the ability of CUSTOMER to perform ALL automated staffing functions — Description: (TeleStaff is down). This level of priority is only available to CUSTOMER's that are using TeleStaff in a production environment(LIVE accounts ONLY). During Normal Business Hours,immediate response if a Support Representative is available.Otherwise,PDSI will Initial Response: respond within one hour. Outside of Normal Business Hours(including holidays),PDSI will respond with a call back within two hours.All responses will be provided through the Web Portal(email)or by callback. PDSI will work aggressively to provide CUSTOMER with a workaround solution or to completely resolve the 0 Resolution Response: problem. in It Is the responsibility of CUSTOMER to alert PDSI of possible Priority-One issues by calling PDSI at 866-324-1598, Notification: PDSI will update CUSTOMER of progress frequently during problem resolution and notify CUSTOMER once the workaround has been provided or the problem has been resolved. Priority Two Hours of Availability: Monday through Friday,6:00 AM to 6:00 PM,Pacific Standard Time. A non-critical software error,which prevents the user from performing a data entry or system administration function. E 'a Description: These do not include cosmetic,documentation,or reporting problems. These also do not include questions or inquiries regarding the operation of the software or Its installation and training. During Normal Business Hours,PDSI will respond within three hours.Outside of Normal Business Hours(including E Initial Response: holidays),PDSI will respond by the next business day.All responses will be provided through the Web Portal(email) or by callback. Resolution Response: PDSI will provide a workaround for CUSTOMER when possible. PDSI will provide a problem resolution in the form U) of an Upgrade or modification to the Software in an upcoming Update. Notification: PDSI will notify CUSTOMER when a workaround has been provided or the problem has been resolved. U) 0 Priority Three a 0 Hours of Availability: Monday through Friday,6:00 AM to 6:00 PM,Pacific Standard Time. � E Packet Pg. 1072 G.4.b Description: All other software or documentation errors not described above. These include but are not limited to: • Reporting errors or calculation problems • Documentation inaccuracies U • Cosmetic issues • Misspellings • Product Enhancement requests • Questions or Inquiries relating to TeleStaff Software functionality,system administration or installation 0 CL Initial Response: PDSI will respond to these items if specifically requested to do so at the time of the request. If a reply is requested, CL PDSI will respond within one Business Day. LO Resolution Response: PDSI will correct documentation errors in upcoming releases of the documentation. - If requested,PDSI will notify the CUSTOMER when a workaround has been provided or the problem has been � Notification: resolved. Appendix C—Annual Service and Support Continued TeleStaff Enhancements The TeleStaff version number consists of three numbers that define the type of product release. The format of the TeleStaff version number is: Version X.YZ where 0 • Changes in X represent a significant change in product functionality(Major Release) • Changes in Y represent an enhancement to the product that increases functionality within the existing Major Release and is typical of an evolving product(Enhancement Release) • Changes in Z represents a minor change to the program to accommodate a software error or cosmetic change(Update Release) 0 Under the TeleStaff Service and Support plan, CUSTOMERS will receive Update Releases and Enhancement Releases as they become available at no additional charge. Major Releases will be available for an additional fee. LO c� E E U) U) 0 a 0 E c� ua Packet Pg. 1073 G.4.b BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers,District 3 Mayor Pro Tem David Rice,District 4 0 CKEY WESTSO �MONROE UNTYLORIDA 33040 Sylvia Murphy,District 5 �'' ' ,-I George Neugent,District 2 (305)294-4641 Kim Wigington,District 1 0 l U) 11111 14 8 Yea OfficeSm 106 XeV t, 92 33041-10260 ( 0 ) 9 - 7 MEMORANDUM TO: Danny L. , Clerk of the Court Kathy M. Peters, County Attorney's Office 7/20/2011 c� July 25, 2011 Enclosed lease find two (2) originally executed copies of the Software License Agreement that correlates with the above-referenced agenda item whichwas approved by the BOCC on 7/ /11 and received by this office for processing. C. BULK APPROVAL I . ry s resolutions fort tr sr s resolutions for the receipt o ticite revenue. Enclosures: Two ( ) originally executed copies of the Software License Agreement 7/2 r4-t 41 C Packet Pg. 1074 RECEIVED E ,1 2 20 11 UONROE COUNTY XFTORN�,,' .2 LETTER oF TRANSMITTAL 0 Date: July 21, 2011 4- 0 MONROE COUNTY attention: Kathy Peters Fire Rescue County Attorneys office 490 63"' Street Ocean Marathon, FL 33050 (305) 289-6088 Re: Software License Agreement with Principal Decision Systems 0 International(PSI),the sole source provider of TeleStaff, for 0 the purchase of software,licensing,and training necessary to use TeleStaff,a telephone and web access scheduling and time tracking system, for an initial cost of$33,100 ENCLOSED PLEASE FIND THE FOLLOWING ITEM(S): W -------------- ------ --------------------------- DESCRIPTION 2 Software License Agreement with Principal Decision Systems International(PDSl)the 0 sole source provider of TeleStaff, for the purchase of software,licensing,and training necessary to use TeleStaff,a telephone and web access scheduling and time tracking system,for an initial cost of$33,100 0 THESE ARE TRANSMITTED AS CHECKED BELOW: X For Execution For Your Use For Processing For Review and Signaoge— Returned for Corrections For Approval E Jul REMARK ._Armroved Ju 20. 2011. Item Q3. E pp_ 2011, Item G3. U) U) 0 a 0 Susan Hover A J( et—' RQ E Packet Pg. 1075 . ( � WV Taxes. CUSTOMER is exempt from sales and use taxes. (a) Notices. All noticesrequests, demandsand/or other communications required or permitted to be given or made by this E AGREEMENT shall be in writing and shall be delivered by commercial overnight delivery services which provides for receipt,or mailed by certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses referenced above Any party may change its address for purposes of this AGREEMENT by notice in writing to the other party. 00 No Waiver. No failure on the part u[any party hereto to exercise,and no delay in exercisingright, qr remedy nrpartial exercise mf any right, power nr remedy byany party willpreclude any other or future exercise of any other right,power orremedy or partial right, power or remedy. No express waiver of assent by any party hereto to any default in any term or condition of this � AGREEMENT mheU constitute o waiver oforan assent to any succeeding default in the same or any other term or condition to Menso[ CL (8) 8aagogti0y, This AGREEMENT ohe|| inure to the benefit of and be binding upon the parties hanatn, their respective heirs, cL successors,assigns and personal representatives. to 4- 0 (h) Pricing. Pricing provided for components |n Section 6 apply only toPDS| productsand services, and not for 3~ party products and services that integrate with or relate to TeleStaff(unless otherwise noted). (i) Venue Any actions to enforce the terms of this agreement will be filed in the Sixteenth Judicial Circuit, Monroe County, Florida 0 POS|shall not assign o,subcontract its obligations under this og/eoment tu others,except in writing and with the prior written approval of the Board of County Commissioners of Monroe County,which approval shall not be unreasonably withheld.This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein,such approval shall inno M manner or event be deemed to impose any additional obligation upon the board. — (h) DG|napmaents that it,its directors,principles and employees,presently have = no interest and shall acquire no interest,either direct or indirect,which would conflict in any manner with the performance of services required by this contract,as provided in Sect. 112.311,et seq.,Florida Statutes.PDSI agrees that officers and � employees of the PDSI recognize and will be required to comply with the standards of conduct for public officers and employees � aa delineated in Section 112313.Florida Statutes,regarding,but not limited to,solicitation or acceptance of gifts;doing business with one's agency;unauthorized compensation;misuse of public position,conflicting employment or contractual relationship,and disclosure or use of certain information. (|) PDSI warrants that,in respect to itself, it has neither employed nor retained any company or person,other than a bona fide ~� employee working solely for it,to solicit or secure this Agreement and that it has not paid or agreed to pay any person,company corporation, individual,or firm, other than a bona fide employee working solely for it,any fee,commission, percentage,gift,or � other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the � provision,the POS)agrees that the CUSTOMER shall have the right boterminate this Agreement without liability and, atits discretion,to offset from monies owed,or otherwise recover,the full amount of such fee,commission,percentage,gift,or consideration. (m) ETHICS CLAUSE PDSI warrantsthetha/ithesncdemp|oyed.uwteinedoruthemviaehedectunhis/itsbsho|fenyfomnerCounty to 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. 1Q-198V. 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 o'purchase price, otherwise recover,the full amount of any fee,commission,percentage,�i� oroonsidanmUonpe|dtothefo�����u��%�ffio�py�o���� ' ' ` ' w/`�N#u� L.uu.n / / �'TOF\MEY -MRM: —!4�NTLHUA L. FIALL ASSISTANT COUNTY ATTORNEY -jir- Ulf |w WITNESS WHEREOF,th ses have signed this AGREEMENT Vw�Mh-xay-and-ymar-fonst-abwwe-wpitter.---' Monroe Countv Board of Govemors of Fire and Ambulance District 1 of pDS/ Monrge_gountyL(CVSTOMER) By, / — By: Title: Title: oo�� Date: 7eleStaff License Agreement Lom bpoated 61912011 Pa0e4mf4 CUSTOMER tW77AI-S:...................................................... G.4.b State of California CALIFORNIA ALL-PURPOSE County of � U) n before me, 5F, noAarq PuHt 2 (here insert name an title of the offi er) personally appeared )Wes ((:4fom CL CL ..... 0 who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to 2 the within instrument and acknowledged to me thathe/she/they executed the same in his/her/their 2 authorized caacity(ies), and that by his/her/their signature(s) on the instrument the erson(s), or the entity upon behalf of which the person(s) acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corr&:t' 1, qT SZ P CO . #1€357181 WITNESS m hand an officia seal. Notary Public•Californ Y z Orange County Ex Tres A.9,21111 Signature IS&flII 0 a� OPTIONAL INFORMA 7 ION /1Pn.+A(rw„(,h r +r'rt6r'(++oric)) 7 rr+ c ti,;xrr r, ri,,rC rr.^rrAI(+of(byk:aAr;r lA +-o) +hPr.,+r+rve fro t.Ar:'JA. hv"+t r,"r ulr:AA+C1 r ra,, rrt+:ri't1+1A � a,;1', ^rh+rrr+ rri t(,r rr ,ni,.t rrr.7r+ +=rjf /oci,r+rr+',^rrtc�rA ri'+rdyI7f+' � 1rA+r<.� or'7 Aftr�,�iifa� -Pr+^rt r:,.rr_+Arirc r(��^r.J.rr�tr..(I 1,� rrtr^- 0 L crii flo�i of Attached II:"A0 Uiy eai 1 a, rl � hen )tl(-"t;ecfing (,..e^ IH14'r,l to()l A(':I m)Wcdl"jmeni Is Altai filed i:o a dC',)(;'t.Jllla n" y11 t(iaud o1:ylgnet I Fin ✓ ent11r1+ atlon Z3 L _M ,. . .� .... , .���� +a:{ � + n+i iriiir(t 91 r�la x,+ d2 1lIlA:°1A/ft�+1 Illr; IIIIIA,,a r:)i ri" a,,rrltra,^+r cis a _.... _. hlc.lt;,iial,^rrent Is d9r I,fflo:I In+-+rrlaly nui+°+a � _d( ', layv td I ntly P E 1he ',1g1'7el(s) Crs9pa It), Ot r111dh(1r"ly Isf<:!9ie as- ccmt,a-,t; E AddItir nal llimil as (rrtper l,a9r^l.1ii�Ia:1^+('`;') U) i qp (+a;"1`,'il w+lrl_+a1'1i4+^1v,tYwar 0 1'twt:nel A 11 utrl,�,r.11).,,^Ira�itgl 0 C)lher re pi r ,entlng E . Ihriia {ti),tr9l i�i7',i�{^^)rSrr Li+YiA1^1+,•,1')'`utiirr r,Itrlrii*tii,i tir"ir,,t <J aFa v r.,11:Tyriyli^,+00/Plwar y y'r„r(,'ry li r_ `Q1`21Iyh'ra 17 p5 Moo w.,.IA Mf 12 361]k I om)r,a.1;17!l. 9A/07 Packet Pg. 1077 G.4.b dum PO# O0037442 M09ROE COUNTY BOARD OF COUNTY COMMISSIONERS PAGE NO. 1 ------------------------------- I P U R C H A S E 0 R D E R I +_____________________________- COUNTY SALES TAX EXEMPT NUMBER: -801382529 C-7 CL CL VENDOR: SHIP TO: - 949 M.C. FIRE SC OFFICE PRINCIPAL DECISION SYSTEMS ITNAT 490 63RD STREET SUITE 160 0 50 CORPORATE PARK MARATHON, FL 33b5O IRVINE CA 92606 ATTN: CAMILLE DBOFF 2 T_ : DATE: 7/22/11 BUYS RK THOMPSON REQ. NO: 00032710 RQ:07/L om E :NET 30 DAYS FOB: DESC- ITEM# QNTY UOM DESCRIPTION UNIT PRICE EXTENSIOl 01 1. 0 EA SOFTWARE, LICENSING, AND TRAINING F 33100.0000 3 , 100.0( TELESTAFF, A TELEPHONE D WEB ACCESS SCHEDULING D TIME TRACKING SST APPROVED BOCC JULY 20, 2011, ITEM G3 r � 1 � c� PAGE 1 TOTAL: 33, 100.1 O TOTAL: 33, 100.1E ITEM# ACCOUNT OU PROJ CD 01 11500 530520 3-3 .00 +) ® 700 , U) 0 a 0 INV # /' E AUTHORITY:: Packet Pg. 1078 mum, E 194=1 CIATTY BOARD OF COUN'�7a' ----------------- ------------ SiU!"!W T&C pusu'r muMPAU F&MI 1:L 4- T jAU lWV coon, 2 0 lollo 011 iv 11.1 au"10 WAN W b1i WS I TUNT:MMT 10 DUN 44 40 NEW qppuy .104 EQ I C'o) EA `_ TrXARE, K! nENSTUR, AUD TPANTIQ F Alums) 3 1, 100 IP T) 3: *6 E FAM I MAE: PO T09M: E V00 .00 2 E All! UP �Qy Packet Pg. 1079 r, G.4.b U) 0 c2 0 CL CL 4- 0 C 0 2 c� c� E E U) U) 0 a 0 E lob ' 7 Packet Pg. 1080 G.4.b ............. ......_ KRONOa.. ............ INVOICE REMIT I-fEC K a ELECTRONIC TRANSFERS TO: @nvalce Number 10646776 ..__. PO BOX 845746 Citizens Bank Page., t 01't � 6O 1r ON,MA 02?64.,6746 ABA 211070175 pttacaautatt 9 t RD7454 26 h-w0 Date; tt -DEC- 11 Due Date 01-JAW 12 �__... �.�... . ._ ....................... ..... ........ �._ CL 0 CL Bill To: 6105141 Ship'To- 6105141 Attrra: Accounts Payabe MARK°'R'R-RtDW:1 ON Rt+tONR OE COUNTY FIRE RESCUE MONROE CDCDR➢NTY M RE RESCUE 0 490 66RD ST OCEAN 490 63 RED ST OCEAN 0 2 Solution ID: 6105,14.R Contact: tat R:RK R•R..Rt'DtrlR:mt'°DC: RR Email: "t'amRetatrruarrmu,Nu.rra"a°aber 305;:t95—036t Purchase Order Na.rrtnuberrw P;:ayora ent TerrPanrrruaw N` a t,'30 Days � Sales Order Number 5247081 Cuaaapauya DtD Contract umtac m umAdams, Ray P alrru6a� Shipping � Reference: Project 4uru�n. shi a'' Ra: � Case R°atrauaaatmr Ship Date: 02-DEC-11 __,...,,..,,.,., ...... ...... ...,._....... . .._.........,. ._,.,.,.. .,... ._.._.....w. ........._.._.._.,..... ... .......,...,__.... ....,.... 0 SO "I "tWrrn" tsanrrr ll ax ataPa,,,, t oa rr,rn sa/Qty Price p t&t at AFT R U R R:RtR U nll xR 7 _ _.__._... ......... .. ...... . ...........,,_.......,, �D,,,,,, .._.._._,., ........,.,. ,mm......... ._,.. ,.... . _ 0 t t.E'S Rath V"R""t�"E,'B ttMaR�,�t"+.D,,'i D R:G" ., 0 SUb¢it.n 2 r roRa.:.a" 75 tyRtb ° t0 MOUR.. _. . .. a ... ( � rratt serrs ., tat.,' U^RNUM SgORroK)G-G"R'SERVICE ;,akaGcat a R.'.t R oae "�ustataaarrt U/Pam UDr�a._ .... rrn,at8rrau6 ea�"ra a�4 0 ....._ _. ,,,,....,.._............... m.......,... . ....,.... .__.. ......m. .....__,,,,,... . .. ,.,,,..... ... ....,... E t a airrtsty R DtD R" m a O..._ .... ,._,_,.m....m. 7BR.F.D a�R.,a"'�.R a p.., ., ...., . i['C'O' N 1"&R�aCR�baa rr� ta rraa .. . .. ......m .. .._..... V ,fro g^ SUMMARY „S„ ........,...,_........ .,....,.,.. .,,.....,...... .. ..... ., .. .... ... .... .... ... ......Da:mrr ntU0:fD "I Teat at t a. ?m... ... .. ..... .... ..... .... .... .., .... ... c.btotaa8 �g 1°rtD 0 Less .._ ...... ;ss Paayrrrr ent. GD. 0 Shif3piM;and Handing: Grand Tk„dta 2,250 .v 11,500 d F � . b � w ��°�� n��=rraU R-tR.t�& hmayrrok1 Hurring N_.arrbaan aa.rq aVy&Row'., rrst ?a, acmes 9 a .�rr ��at Packet Pg. 1081 G.4.c DANNYL. KOLHAGE n� CLERK OF THE CIRCUIT COURT 0 CL DATE: August 11, 2011 CL TO: Fire ChiefJames Callahan Fire-Rescue Department AUG .�. 1 ATTN. Susan Hover Monroe 8y: countY Fj're Rescue FROM: Pamela G. Hancc D.C. �w At the July 20, 2011 Board of County Commissioner's meeting the Board granted approval and authorized execution of Item G3 Software License Agreement with Principal Decision Systems International (PDSI), the sole source provider of TeleStaff, for the purchase of software, licensing, and training necessary to use TeleStaff, a telephone and web access scheduling and time tracking system, for an initial cost of$33,100, plus $5,292 per year for web access, service and support, and approval for the Fire Chief to sign all documents as needed to 0 complete transaction. Enclosed is a duplicate original of the above-mentioned for your handling. Should you N have any questions, please do not hesitate to contact this office. C 21 c� c� cc, County Attorney via e-mail Finance via-e-mail 0 c File U U) 0 0 c� Packet Pg. 1082 a G.4.c a„nla,gar r R vil,ion Nraa,�. €."' 04,'l i red 0) 2 TeleStaff 0 CL CL SOFTWARE LICENSE AGREEMENT TELESTAFF LICENSE AND ANNUAL SERVICE AGREEMENT 0 This Agreement("AGREEMENT") made by and between Principal Decision Systems International ("PDSI") that has its principal place of business at 50 Corporate Park, Irvine, CA 92606, and Monroe County Board of Governors of Fire and Ambulance District 1, Monroe County, FL, ("CUSTOMER"), for the exclusive use of Monroe County Fire Rescue,that has its' headquarters at 490 63'd Street Ocean, Marathon, FL 33050, shall be subject to the following terms and conditions: Whereas,PDSI has developed a telecommunications/computer technology which consists of certain software known as TELESTAFF; 0 and Whereas,PDSI imposes certain license requirements on customers desirous of purchasing a license for TELESTAFF;and co Whereas, CUSTOMER wishes to contract with PDSI to: (1) implement a license to use TELESTAFF, (2) train CUSTOMER on its configuration and use,and(3)as applicable, implement all licenses necessary to use TELESTAFF;and Whereas, PDSI is willing to contract with CUSTOMER to: (1)grant CUSTOMER a license to use TELESTAFF, (2)train CUSTOMER on its configuration and use,and(3)as applicable,grant all licenses necessary to use TELESTAFF; 0 Now, therefore, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,and intending to be legally bound hereby, PDSI and CUSTOMER do hereby agree as follows: c1r 1. Ownership and License of TELESTAFF c1r Except as provided herein at paragraph 2(b), PDSI hereby grants to CUSTOMER a license to use TELESTAFF in object code form. 21 CUSTOMER shall abide by the terms and conditions of this license as stated herein. The parties recognize and acknowledge that ownership of TELESTAFF shall remain with PDSI. 2. Copvriaht and Proprietary Protection. (a) TELESTAFF is owned by PDSI, and is protected by United States and international copyright laws and international trade provisions. CUSTOMER must treat TELESTAFF like any other copyrighted material. This License and CUSTOMER's right to c� use TELESTAFF shall terminate automatically if CUSTOMER violates any part of this AGREEMENT. In the event of termination for any reason other than non-renewal of Service and Support as described herein at Section 10,CUSTOMER must immediately return TELESTAFF and accompanying documentation to PDSI. (b) CUSTOMER shall not: (i) Modify TELESTAFF and/or merge it into another program for CUSTOMER use except by express,written permission from PDSI. Any portion of TELESTAFF merged into another program following the express, written permission from PDSI will be subject to the terms of this AGREEMENT; (ii) Reverse engineer, disassemble, decompile, or make any attempt to discover the source code or methodology of CL TELESTAFF; (iii) Copy TELESTAFF for any reason other than to make one backup copy in machine-readable form for archival purposes; (iv) Use software other than TELESTAFF to connect directly to the Sybase database for the purpose of extracting, modifying, deleting, viewing and/or adding data. CUSTOMER acknowledges that such direct connection to the database violates the OEM agreement between PDSI and Sybase. 0 0 3. Execution Date. The Execution Date is defined as the date this AGREEMENT is signed by an authorized agent of CUSTOMER. 4. Term. This AGREEMENT is effective and binding upon PDSI and CUSTOMER upon the Execution Date as defined in paragraph 3 herein and shall remain in effect for a term of one (1) year, unless terminated as provided herein. On each anniversary date thereafter,this AGREEMENT shall automatically renew for a term of one(1)year,unless otherwise terminated as provided herein. Te/eStaff License Agreement Last Updated:61912011 Page 1 of 4 CUSTOMER INITIALS: Packet Pg. 1083 G.4.c 5. Product Components. The following constitutes a list of TELESTAFF components and associated fees that CUSTOMER does U) hereby agree to purchase from PDSI available in connection with the use of TELESTAFF. See Appendix A for the recommended 2 TELESTAFF hardware specifications. All fees shown below are one time only charges except as described further in this agreement. Initial Component Fee TELESTAFF Enterprise Software License for 105 FIRE Staff Members $ 14,700 CL CL TELESTAFF Implementation Services for 105 FIRE Staff Members $ 10,000 TELESTAFF Phase 2 Implementation Services for 105 FIRE Staff $ 5,000 Members 0 One year of PDSI-hosted Web Access for 105 Staff Members Included for first year;thereafter$2058 per C year Sybase Concurrent Connections(1)Qty: 12 $ 1,500 4 Port Telephony Hardware Qty: 1 $ 1,000 4 Port Telephony License(Dongle)Qty:1 $ 900 TeleStaff Reporting Module Qty: 1 INCLUDED Total Initial Acquisition Cost $ 33,100 6. Pricing. PDSI agrees to lock in the fees being offered as described above in paragraph 5 for 90 days after 5/4/2011. or until � 7/31/2011. 7. Payments. CUSTOMER agrees that all pricing and amounts due hereunder are based on United States currency and that all amounts shown will be paid in accordance with the Florida Local Government Prompt Payment Act. All payments are subject to an annual appropriation by the Monroe County Board of County Commissioners and Monroe County Board of Governors of Fire and Ambulance District 1. Initial Component Due TELESTAFF Enterprise Software License and applicable Sales Tax Due Upon Delivery of TeleStaff Software CD 0 for 105 Staff Members version 2.x TELESTAFF Implementation Services for 105 FIRE Staff Members Due Upon Delivery of TeleStaff Software CD version 2.x One year of PDSI-hosted Web Access for 105 Staff Members Due Upon Delivery of TeleStaff Software CD version 2.x Sybase Concurrent Connections(1)and applicable Sales Tax Net 60 Days 4 Port Telephony Hardware and applicable Sales Tax Net 60 Days c14 4 Port Telephony License(Dongle)and applicable Sales Tax Net 60 Days 21 8. Travel Expenses. CUSTOMER agrees to pay for all travel expenses related to TELESTAFF implementation and training services as defined in Appendix B. All travel expenses will be paid in accordance with Section 112.061, Florida Statutes, and the vendor will be c� required to fill out any necessary travel voucher documents submitted by the Monroe County Clerk of Courts. 9. Implementation Services. Implementation Services include configuration of TELESTAFF as defined in Appendix B. CUSTOMER acknowledges that training and/or reconfiguration requested by CUSTOMER in addition to that defined in Appendix B will be at an additional cost. 0 10. Annual Service and Support. Service and Support of TELESTAFF is provided at no additional charge during the first twelve(12) U months following the Execution Date. See Appendix C for the definition of Service and Support. CUSTOMER does hereby acknowledge that on each anniversary of the Execution Date, CUSTOMER may renew service and support under the following events: L- Initial Event Payment TELESTAFF for 105 FIRE Staff Members-1st Anniversary $ 3,234 per year commencing in Year 2 of the of the Execution Date agreement. Subsequent anniversaries during term Thereafter,a 3%maximum increase over the previous CL period Should CUSTOMER elect not to renew Service and Support on the anniversary of any Execution Date, CUSTOMER acknowledges that any subsequent re-enrollment for Service and Support will only be accepted by PDSI after CUSTOMER cures the previous lapse in Service and Support by paying PDSI the Service and Support fee for the lapsed periods. In addition, CUSTOMER acknowledges that PDSI may assess CUSTOMER a Service and Support re-instatement fee that will not exceed ten percent (10%) of the Service and Support fee for the lapsed periods. PDSI reserves the right to discontinue Service and Support of previous releases of c TELESTAFF as defined in Appendix C. Should CUSTOMER increase the licensed capacity of TELESTAFF,CUSTOMER acknowledges that Annual Service and Support will increase as specified in Section 12 beginning with the next renewal period. 11. Web Access. Access to TELESTAFF via the web is hosted by PDSI. CUSTOMER does hereby acknowledge that on each event and for the fee specified below,CUSTOMER can renew web access: TeleStaff License Agreement Last Updated:61912011 Page 2 of 4 CUSTOMER INITIALS:S � Packet Pg. 1084 ("onlrocl Nevi",ion 1)(ac 02 U i U) Initial Event Payment PDSI-hosted Web Access for 105 FIRE Staff Members-1 $ 2,058 month after 1 st Anniversary of the Execution Date Subsequent anniversaries during term Thereafter,a 3%maximum increase over the previous period 0 CL CL Should CUSTOMER elect not to renew web access or fail to pay the usage fee specified above in advance the subsequent 12 month LO period,CUSTOMER acknowledges that PDSI will disable CUSTOMER access from the Internet. 4- 0 C 12. Increases in License Capacity: CUSTOMER may increase the capacity of its TELESTAFF license at a future date in increments of 0 5 staff members for an additional fee. CUSTOMER acknowledges that increasing its TELESTAFF license capacity will also cause an increase in Annual Service and Support, and Web Access services(PDSI-hosted Usage or Self-Hosted License and Annual Service .2 and Support), if applicable. The following table shows the current pricing for all upgradeable components, however, pricing is subject to change without notice. Increases in TELESTAFF Annual Service and Support, PDSI-Hosted Web Access, and Self-hosted Web Access Annual Service and Support will be reflected at the first invoicing cycle following any TELESTAFF License Upgrade. 0 0 Initial Event Payment TELESTAFF License Upgrade $ 750 per 5 staff members TELESTAFF Annual Service and Support Additional fee equal to 22%of combined total of TELESTAFF License Upgrade PLUS current Annual Service and Support amount PDSI-hosted Web Access Usage Fee(if applicable) Additional fee equal to 15%of combined total of U TELESTAFF License Upgrade PLUS current M W WEBSTAFF Usage amount U) Web Access Self-Hosted License Upgrade(if applicable) $ 300 per 5 staff members(one time fee) Web Access Self-Hosted Annual Service and Support(if 20%of Web Access Self-hosted License Upgrade fee applicable)(annual fee) Hourly rate for Additional Training as specified in Appendix $ 200 per hour B,ADDITIONAL TRAINING 0 13. Limited Warrantv. PDSI WARRANTS TELESTAFF TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND TO OPERATE IN REASONABLE ACCORDANCE WITH TELESTAFF USER MANUALS. HOWEVER, PDSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TELESTAFF WILL MEET CUSTOMER'S REQUIREMENTS OR CN THAT THE OPERATION OF TELESTAFF WILL BE UNINTERRUPTED OR ERROR FREE. THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CN WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 75 n 14. Limitation of Liability. PDSI'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDIES SHALL BE THE REPLACEMENT OF TELESTAFF UPON NOTIFICATION OF REPORTED DEFICIENCIES. IN NO EVENT WILL PDSI BE LIABLE TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY CLAIMS OR DAMAGES, INCLUDING ANY LOST WAGES, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE TELESTAFF 4-- EVEN IF PDSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. W 15. Indemnification. Each party to this Agreement shall hold harmless and indemnify the other, and its directors, officers, employees and agents,from/for any and all liability claims, losses, and/or damages suffered by the other party, arising from or directly related to C this Agreement,except to that which is/are attributable to the negligent or intentional misconduct of the other party. 0 U 16. Termination. This AGREEMENT shall terminate upon the following events: (a) In the case of an event of default(if CUSTOMER or PDSI fails to satisfy any of its respective covenants, duties or obligations 2M under this AGREEMENT),the non-defaulting party shall have the option to terminate this AGREEMENT. In the event of default, 0 the non-defaulting party shall give written notice to the defaulting party of the alleged default and give such party at least thirty (30) days in which to cure the alleged default. If the defaulting party does not satisfactorily cure its default, the non-defaulting party has the right to terminate upon thirty (30) days additional written notice stating the defaulting party's failure to cure the CL default; (b) By mutual consent between both parties; LO 17. Miscellaneous Provisions. U) (a) Amendments. This AGREEMENT shall not be modified or amended except by another agreement in writing executed by the 0 a parties hereto. 0 �e (b) Entire Aoreement. This AGREEMENT, including Appendices A, B, and C attached hereto, supersedes all prior discussions, understanding and agreement between the parties with respect to the matters contained herein, and constitutes the entire agreement between the parties with respect to the matters contemplated herein. E (c) Governing Law. This AGREEMENT shall be construed and enforced in accordance with the laws of the State of California. TeleStaff License Agreement Last Updated: 61912011 Page 3 of 4 CUSTOMER INITIALSC I Packet Pg. 1085 R�-,voh�n 0ow 02 0/ I (d) Taxes: CUSTOMER is exempt from sales and use taxes U) as (e) Notices. All notices, requests, demands and/or other communications required or permitted to be given or made by this AGREEMENT shall be in writing and shall be delivered by commercial overnight delivery services which provides for receipt,or mailed by certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses referenced above. Any party may change its address for purposes of this AGREEMENT by notice in writing to the other party. 0 CL No Waiver. No failure on the part of any party hereto to exercise,and no delay in exercising any right,power or remedy or partial CL exercise of any right,power or remedy by any party will preclude any other or future exercise of any other right,power or remedy or partial right,power or remedy. No express waiver of assent by any party hereto to any default in any term or condition of this 4- 0 AGREEMENT shall constitute a waiver of or an assent to any succeeding default in the same or any other term or condition C hereof. 0 (g) 6ggjg0gW&. This AGREEMENT shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, successors,assigns and personal representatives, (h) Pricing. Pricing provided for components in Section 5 apply only to PDSI products and services, and not for 3rd party products and services that integrate with or relate to TeleStaff(unless otherwise noted). 0 M (i) Venue. Any actions to enforce the terms of this agreement will be filed in the Sixteenth Judicial Circuit,Monroe County, Florida. 0) 62oSIGNMENT/SUBCONTRACT, PDSI shall not assign or subcontract its obligations under this agreement to others,except in >- writing and with the prior written approval of the Board of County Commissioners of Monroe County,which approval shall not be unreasonably withheld.This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein,such approval shall in no W manner or event be deemed to impose any additional obligation upon the board, U) (k) DISCLOSURE AND CONFLICT OF INTEREST: PDSI represents that it,its directors,principles and employees,presently have no interest and shall acquire no interest,either direct or indirect,which would conflict in any manner with the performance of services required by this contract,as provided in Sect. 112.311,et seq.,Florida Statutes,PDSI agrees that officers and employees of the PDSI 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 acceptance of gifts;doing business with one's agency„unauthorized compensation;misuse of public position,conflicting employment or contractual relationship;and disclosure or use of certain information (1) PDSI warrants that,in respect to itself, 4 has neither employed nor retained any company or person,other than a bona fide C14 employee working solely for it,to solicit or secure this Agreement and that it has not paid or agreed to pay any person,company. Q corporation,individual,or firm,other than a bona fide employee working solely for it,any fee,commission,percentage,gift,or C14 other consideration contingent upon or resulting from the award or making of this Agreement For the breach or violation of the 75 provision,the PDSI agrees that the CUSTOMER shall have the right to terminate this Agreement without liability and,at its n discretion,tooffset from monies owed,or otherwise recover,the full amount of such fee,commission,percentage,gift,or consideration, (m) ETHICS CLAUSE PDSI warrants that he/it has not employed,retained or otherwise had act on his/as 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,gift,or consideration paid to the for' e, I b Rgbyr-.?f�b CHRM1­0 F3 N E 0 AMD U �( Y NTI I R A L, I A l,I 2M L- ASSH3TA1q IN WITNESS WHEREOF,th9,9046s have signed this AGREEMENT rdWb%-day-and-Vear-fh A abGVe-4VFRt8ff— Monroe County Board of Governors of CL PDS1 Fire and Ambulance District of Monroe County (CU By By: qs C7" U) Title, Tal,w .......................................................................... Date y y Date: Zo .......... E TeleStaff License Agreement Last Updated 61912011 Page 4of4 CUSTOMER 1N1T1ALS:..dLC-1 I Packet Pg. 1086 G.4.c State of California 5 C ... , � ty of ) CERTIFICATE OF ACKNOWLEDGMENT 0 0 CL On .4A ....... before me, . ..... t Ilivn!,lip,*rr ri,„arum Wrtle of The ra0d1 r^r) pp � personally appeared ...__ .. .� . ... C°c... ._. � . ._. ._.l ......_ ........ _ ... cs ....,.. ..,.,_..,...,_,_,., ...., _. ...., ...., """"""--- -- .. ...., ...., ...., ....,_______ ...., ...�.,�,....,����� ,_.._. ...., ._. ..... who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie.$), and that by his/her/their .signature(s) on the instrument the per'son(s)d or the entity upon behalf of which the person(s)acted,executed the instrument. c� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, =nia 1i ITNESS m hand an officia seals rnia � c y z M Comm.Ex 2013 Signature cN (Seal) Ca cN 21 OPTIONAL INFORMATION ?trthaa iva rt' f ri7ctuaro�aew oi` tha s a r�^��,rant,,,,,,,"na"ar�atrx r�r t9rW+n �-^a aW,��:�u t��td�t�,rt�a�wc�to-�t�"�;v ���t�,; at wa��t�W� �rrp�.t°r^8 rr�twt��utld c^�t rdtrrr��t��tl�aat��ra��°a�.�,� „. aa_l+rn^.gw drat garaa..aaV gat cm ar°noua1"tn�..^I'9..a.a9�..ta a t.aar^a..aa^ a.ana.y may' a��_,ta. a.a,efW tryhaa.a.:, ns relying a. n PNae a.ava.ad hed�..9a a,a.aayaew. � [Des riptllori of 't;°tachled Dc)cur'y'1 r1°t i/ i%//iiiji p/r. f %io�oiili o/;( y G ijj>, ,.,,,,,,,,,,,,,,,,, ...... flillrrrio fi pj,re a;ll"dlll"Val t fl � e �Bnen't. is attached ed ntl)a:$ d(�c urneror i Method a➢t nualyroa^V Dafaayt4tlftla.�atllaaua G:u�llt da �tlnaa ye.ar�ul ,� 't a:t a..11ra. f da rti Sod T ._ (" eta�:�&fro rnl�r w 'rIIrR f,1^ s� �,t ,toed s;°,t, r vM� r;uroa° r: U ^ y _ . _.... -- (i;anr( ral'Id nIIfkd I w I 1 ._ event urn notary 1ouiin ai om LSq �l4Sll"tt' .� OI R�� olnrl tala,ap tr°urJ dated : aru 0 6/S } �lf�u" vVyiV°'Vt'�'ri'r,r' 4,atf�Ynt�Orl"°aa°a:rN`att�t't':�'M1d:�trVd�l uiitra�" i't v� lydf,'tt,�r}/�„+tW"n,w1',; _ � �;viaala"t(t Otahuev t Oa::pYV'Y y In rtia+,w9: I a,r.di rtl al`,lqm 1(^) Srgna^r'(c)H wi'u prinTfs) 6/S U) y;� al et A c u,>a,av ttu'rr 0 El 0 r tJrE""o r tirtq _ Pd rirvfs1 of Pprr nr !{)of l�nailyiie°) },gner is ura lu.,r^r i;u q <S ........ .... .. ......_.... .... ............. .......,..,�. ,......... ..... .... ..... .... .. ... ...,..,... ...........,...,.... .. ............ . ._.... ._._.. . .... .... ..a;% wmewumwmwwwre �� ww�w �✓��omwwbxwmarmu� rwn.�wrox wmw�aw�m�cweuwmawm uwn�mmuw .www.rero�wnm � wmmxmxvmmmwrmwuwmw !,,`4yryal�t r r17 1°.��::1^^),h lt<,ary Inc r ,V,?9TIi t,Do,, oww. yA 50312 361�2 1 of lrt ACItf19 10101. To in-ordoi, :.raII toII 4ira. 1 8/'Z 149^,aNt oI v,9 id;"aI the 1 ISn llI n at it Packet Pg. 1087 G.4.c rPPC Msir P�`�7 i.�oon 61" 0 Appendix A—TeleStaff Hardware Specifications ) 2 PDSI DOES NOT TAKE RESPONSIBILITY FOR HARDWARE PURCHASED BY CUSTOMER CUSTOMER IS RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING THE TECHNICAL (HARDWARE/SOFTWARE/NETWORK) ENVIRONMENT IN WHICH TELESTAFF OPERATES. AS SUCH, CUSTOMER IS RESPONSIBLE FOR ALL ENVIRONMENTAL CL CONSIDERATIONS INCLUDING BUT NOT LIMITED TO OPERATING TELESTAFF IN VIRTUAL ENVIRONMENTS. CUSTOMER IS ALSO CL RESPONSIBLE FOR CONFIGURING FIREWALL AND SECURITY SETTINGS SO THAT TELESTAFF AND WEB ACCESS COMPONENTS ARE OPERATIONAL. IN ADDITION, CUSTOMER IS RESPONSIBLE FOR INSTALLATION AND MAINTENANCE OF ANALOG ,- TELEPHONE PORTS AND/OR ALTERNATIVE DIGITAL OR VOIP SYSTEMS. PDSI SPECIALISTS CAN PROVIDE TECHNICAL 0 INFORMATION AND RECOMMENDATIONS BUT CAN NOT BE RESPONSIBLE FOR CUSTOMER'S UNIQUE TECHNOLOGY � ENVIRONMENTS. .2 Following are the MINIMUM specifications required for a TeleStaff server designed to operate the TeleStaff software, database management system and telephony components. NOTE: The following recommended specs are for a single server running all TeleStaff components. Server Specs: a. Minimum (<500 Staff) i. Dual Core Xeon Processor(s) ii. 2GB RAM iii. RAID-5 Storage(At least 15K RPM Drives) U) iv. PCIe slot(s)for Dialogic Card(s) v. Any Sound Device b. Minimum (<1000 Staff) 0 i. Quad Core Xeon Processor(s) ii. 4GB RAM iii. RAID-5 Storage(At least 15K RPM Drives) iv. PCIe slot(s)for Dialogic Card(s) N v. Any Sound Device N c. Minimum (<2000 Staff) 21 i. Dual Quad Core Xeon Processor(s) ii. 4GB RAM iii. RAID-5 Storage(At least 15K RPM Drives) iv. PCIe slot(s)for Dialogic Card(s) v. Any Sound Device c� d. Minimum (>2000 Staff) i. Dual Quad Core Xeon Processor(s) 0 ii. 8GB RAM U iii. RAID-5 Storage(At least 15K RPM Drives) 76 iv. PCIe slot(s)for Dialogic Card(s) v. Any Sound Device Operating System: The following Operating Systems are currently supported for the Server• • Windows Server 2000 • Windows Server 2003 • Windows Server 2003 Enterprise Edition • Windows Server 2008—TeleStaff 2.61 only Please note: Currently only 32-bit Operating Systems are supported. To utilize more than 3GB of RAM you must use the Enterprise version of Windows Server. U) TeleStaff is not compatible with Small Business Server or Web Edition. a 0 c� TeleStaff License Agreement Appendix A Last Updated: 61912011 Page 1 of 2 CUSTOMER INITIAL Packet Pg. 1088 G.4.c 1po n' x d n1 i:,°ioot l Jroli': Telephony Components(Purchase from PDSI): U) • 4-or 12-port port Dialogic Telephony system U • D4PCIU4SW—PCI 2.2x compliant board(universal connector) • D4PCIU4SEW—PCI Express form factor Both the D4PCIU4SW and D4PCIU4SEW are 4 port cards.They are half-length. • D120JCTLS—PCI 2.2x compliant board(universal connector) CL • D120JCTLSEW—PCI Express form factor CL Both the D120JCTLS and D120JCTLSEW are 6 port cards,which can support up to 12 lines.They are full-length. in • Telephony system dongles(4-or 12-port) 0 0 Sybase Licenses(Purchase from PDSI): cis • Sybase Client database license(7 concurrent users) • Sybase Studio database license(1 concurrent user) Phone System: Telephony features of TeleStaff are tested and compatible with the POTS analog telephone standard. PDSI does not support department phone systems that are not compliant with this standard. TeleStaff Performance: The specs provided are MINIMUM hardware requirements. TeleStaff performance can degrade depending >_ on a number of factors, including, but not limited to, number of staff members in the database, number of concurrent users, and complexity and number of staffing rules and roster alarms. If the potential for any of these factors exists. PDSI recommends a dual-core processor server with at least 4 GB of RAM and recommends that the City consider component distribution as discussed below. in OPTION: Application Distribution 0 TeleStaff comprises multiple software applications that can operate on separate hardware devices. In some situations, improved performance may be achieved by separating processing-intensive applications and deploying them on separate servers. Common distribution methods include separating and deploying the Database Management System (DBMS), the business logic processing (Middle Tier) and the Telephony components.Application distribution can occur at any time_ For deDartments with over 1000 users, c14 PQSI recommends utilizing more than 1 server. C 21 Recommended Minimum Client MachineSpecs: • Pentium IV Class 2.4 GHz CPU • 2 G13 RAMy • 40 G13 Hard Drive(Note: TeleStaff databases do not take up significant HD space, but most machines come with 70+GB by c� default) • Computer sound card(If you want to hear/record voices in the TeleStaff database) + Speakers(to hear TeleStaff recordings) c� • Microphone(if you want to record voices in the TeleStaff database) • Network Interface Card 0 • Windows 2000,Vista, or XP U • Windows 7—TeleStaff 2.61 only The customer may connect additional PCs to the TeleStaff system by installing the TeleStaff client software(included)provided they are connected to the TeleStaff system by a network using the TCP/IP protocol. Optional Separate Web Server MinimumSpecs: a. Minimum(<500 Staff) vi. Pentium 4 3.0 Ghz vii. 2G6 RAM viii. 40B Hard Drive b. Minimum(<1500 Staff) ix. Pentium 4 3.0 Ghz 0 a x. 4GI3 RAM 0 A. 40GB Hard Drive �e c. Minimum(> 1500 Staff) xii. Dual Core Xeon Processor xiii. 8GB RAM xiv. 40B Hard Drive TeleStaff License Agreement Appendix A Last Updated: 61912011 Page 2 of 2 CUSTOMER INITIAL Packet Pg. 1089 P-Al Ks,RION ho ' ^---------^ ADVANCED CONFIGURATION PLAN: The following tasks are part of the Advanced Configuration Process. Once CUSTOMER has successfully deployed the Te|eStaff Roster, Calendar, and Work Codes into a production 0 environment, they can proceed to the Advanced Configuration Process to add intelligent staffing -' functionality to Te|eStaff. At the end of this procems, atmffemo will be able to automate intelligent staffing functionality inTe|eS+aft CL CL ~ Review Project Scope: PM and CUSTOMER review project scope and objectives. ° Staffing Process Review: PM instructs CUSTOMER on how to effectively analyze and document the current process the department follows to fill vacancies. After the staffing diagrams are completed, PM and CUSTOMER project team review the current staffing process. The current process is defined and, if necessary, revised and standardized within the department. PM creates a Project Scope document defining project objectives agreed upon by both parties. ° Advanced Configuration Training:CUSTOMER dedicates appropriate neaounmaforconhQurahontraininQ. Thopurpoaeof the ADVANCED CONFIGURATION TRAINING is to train CUSTOMER on how to configure for intelligent staffing, have CUSTOMER actually configure the m|ea, and begin testing the configuration. ADVANCED CONFIGURATION TRAINING will occur either at PDSI's training facility in Irvine, CA or at the CUSTOMER's location, at the option of CUSTOMER. The ADVANCED CONFIGURATION TRAINING class has a maximum duration of5days. The actual duration will depend on CUGTOK8ER'a business needs. If the training takes place at the CUSTOMER's location,then the parties agree that the � CUSTOMER will be responsible for travel costs as outlined in paragraph 8 of this Agreement " Testing and Training: Once TELEGTAFFia fully configured by CUSTOMER, rigorous configuration testing ia undertaken by CUSTOMER. CONFIGURATION TESTING includes testing of all components that CUSTOMER needs for production of � intelligent staffing,which may include: phones, Contact Manager, Line Manager,Task Manager, E-mail Monoger, Fax W Manager, and the Gateway(in the case that the system ia interfacing with a Third-party opp|ination). CUSTOMER creates a 0eetp|on; aemignmunemtoVamtthemystam. cmotoaheatanripts.andm6nductsneconh xoUonomneoemmary. CUSTOMER is also responsible for additional training(including creating a training plan, creating training documentation, and conducting � � super-user training daaaea). ° Production with Advanced Functionality: PM and CUSTOMER project review the PDQ|Te|eStoff Help Desk procedures. From this point forward,the Help Desk is the first point of contact for technical issues with TELESTAFF. � � w C� w 21 CL TeIeStaff License Agreement Appendix B Last updated: 619120/1 Page 2of2 CUSTOMER INITIALS---4�_ Appendix C—Annua| Service and Support LO "Normal Business Hours" are 6:00 AM through 6:00 PM (Pacific Standard Time . Monday through Friday, excluding CL holidays and other office closures(notification of which will be provided to CUSTOMER). cz � All Software Errors reported by CUSTOMER shall bo resolved as set forth be|m* Initial � � upon CUGTOMER'utuUdoechpUunof the pmb�n. Reso|uUunemponmevNUbe based upon�ephoNyassigned byPDG| as defined below. If CUSTOMER determines that a Software Error exists, CUSTOMER shall notify PDSI through PDSI's web port | providing the exact verbiage from cnsanshotmmhm*ing details, and any other information relevant to giving an accurate description of the error. The ticket number generated by the portal shall be used for all subsequent inquiries relating to the original problem. Please contact your Customer 4- Account Manager for a unique login ID and password. Outside of Normal Business Hours,CUSTOMER will open a ticket through the Web Portal then notify PDSI of the problem by telephone. Telephone notification will be made to PDSI's support line at(866)324-1598. The main support line will be answered either by o PQG| representative or an automated attendant etall hours. During Nomne| Business Mmum, each trouble report by phone will be assigned a support ticket number and updates will be entered through the Web pvnoi The call will be handled according to the priority assigned by PDG|. In the oamo of priority-one problems,as noted below,CUSTOMER may be able to speak directly to a TeleStaff Support Representative if >_ one is available. Outside ofNormal Business Hnum, Priority 1 support, as described in this appendix, will be mode available through a pager system. The phone number ia8O8'324-15B8. Priority support is available 24 hours per day, � 7 days per week to CUSTOMER's with a LIVE status. All other problems will be handled through updates to the ticket, mu which generate an email or a callback. If requested or so stipulated in the response time criteria be|m*. e PDG| representative will return the call or e-mail in a manner consistent with the priority and order in which the oeU was received. CUSTOMER shall make every effort to respond toPDG| ina timely fashion when requests are made tn follow- up oa||soraddiUone|documenumUonnnthenapomedpmb|em. Priorities are assigned amfollows:i Priority One 1� � Hours�~'Availability:~, ~`^~~'~~~`'7 days/week w � A critical software error that c� Description: (TeleGtaff isdown . This level ofpriority is only available toCUGTDMER's that are using TeleStaffinapmducti' w environment(LIVE accounts ONLY). - -' ' 21 � During Normal Business Hours,immediate response if a Support Representative is available.Otherwise, PDG|v -n Initial Response: respond within one hour. Outside of Normal Business Hours(including holidays),PDSI will respond with a call h � within two hours.All responses will be provided through the Web Portal(email)or by callback. �DG|wiUwmrhaQgeemiwe|y hnpp�vi���u�7�xws�°mm�*m�amundmo|uUonor�o���p|��|yeso|ve�he Resolution Response: 4-- problem. -- -' ' - mu It is the responsibilityof possible Priority-OneiumuesbyoaUingPDG|e*800-324-1E Notification: PDG|will update CUSTOMER uf progress frequently during problem resolution and notify CUSTOMER once the | workaround has been provided or the problem has been resolved. U fPriority Two Hours ofAvailability: Monday through Fhday.8:OOANm8:OOPN. Pav�oBandmdnme� � � _ � - Anon�hUca|aoftmoeen � n *hichpre �ventheuoerfromporfo � data entry performing administrationhuno 0 Description: These do not include cosmetic,documentation,or reporting problems. These also do not include questions or LO � inquihasega�ing�haopoo*ionof�heeoftvensor|�|nsuaUeUonond�naining. � - _-- __- - - -, _-_ ' �� QuhngNormal Busin�sMou�.PDG|*iUempondw�hinth�ehoum.Du��eofNomne|8umin�mHoum(in� �ud ~ Initial Response: holidays),PDSI will respond by the next business day.All responses will be provided through the Web Portal(er � or by� �DG|*iUpmv�e�wmdmmund�n�UGTQ�ERwhanpoaa�� PDG|wW|pmv�eapmWem�souUnn��e� Resolution Response: / ofanUpgradeormod�caUonoo�eGoM�eeinanupommingUpdova� - - Notification: PQG|will notify CUSTOMER when a workaround has been provided or the problem has been resolved. � � Priority Three �� �. , `�''� ~ � ~e U) Description: All other software or documentation errors not described above. These include but are not limited to: • Reporting errors or calculation problems • Documentation inaccuracies 0 • Cosmetic issues C. CL • Misspellings • Product Enhancement requests• LO 4- Questions or inquiries relating to TeleStaff Software functionality,system administration or installation 0 a Initial Response: PDSI will respond to these items if specifically requested to do so at the time of the request. If a reply is request 0 PDSI will respond within one Business Day. Resolution Response: PDSI will correct documentation errors in upcoming releases of the documentation. .2 If requested, PDSI will notify the CUSTOMER when a workaround has been provided or the problem has been Notification: resolved. 0 Appendix C—Annual Service and Support Continued W U) 3: TeleStaff Enhancements 0 The TeleStaff version number consists of three numbers that define the type of product release. The format of the TeleStaff version number is: Version X.YZ where C14 • C� Changes in X represent a significant change in product functionality(Major Release) N 21 • Changes in Y represent an enhancement to the product that increases functionality within the existing Major Release and is typical of an evolving product(Enhancement Release) • Changes in Z represents a minor change to the program to accommodate a software error or cosmetic change(Update Release) Under the TeleStaff Service and Support plan, CUSTOMERs will receive Update Releases and Enhancement Releases as they become available at no additional charge. Major Releases will be available for an additional fee. 0 L) 76 .S P L- 0 LO LO 2 U) 0 a 0 E 4