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04/01/2024 to 03/31/2025 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with- aataWorks Plus LLC Contract 9 Effective Date: 04/411/2024 Expiration Date: 03/31/2025 Contract Purpose/Description: Standard Software and Hardware Support for for Llvesc n devices to handle FBI/F13LF=background checks with Agency for Health Care Administration (AHCA)1Module and related equipment. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: JMark Gongre x4559 Gato, ,trap#1 CONTRACT COSTS Total Dollar Value of Contract: $ 88,00 Current Year Portion: $ 588.00 (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the wwI C11111111t16vc uInloi PMf IS WO llr loss}. Budgeted? YAK No ❑ Grant: $ County Match: $ N/A Fund/Cost Center/Spend Category: F-503,,CC 05102',sc_IT Repairs�Maintenance ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: $588.00/year: support& maintenance (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES ❑NO ❑ CONTRACT REVIEW Reviewer Date In Department Head Signature: Bryan cook Dateal202ly 4.3.15ed Bryan Cook Date:2024.03.16 10:00:36-04'00' County Attorney Signature: Risk Management Signature: "" �'"" """ r Purchasing Signature: Lisa Abreu Date Digitally signed.03.18 Lisa Abr-0:202403.18 12:49:12 4'00' John Quinn Digitally signed by John Quinn OMB Signature: Date:2024.03.20 10:18:36-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 DataWorks Plus, LLC 866-632-2780 (Toll-Free) 728 N. Pleasantburg Driveffl I4 864.672.2780 (P) Greenville, SC 29607 864.672.2787 (F) AGENCY: Monroe County Safety Office 1100 Simonton Street #2-268 Key West, FL 33040 TERM EFFECTIVE: Start: 4/1/2024 End: 3/31/2025 NOTE: THIS DOCUMENT IS NOT AN INVOICE. AGENCY MUST RETURN SIGNED COPY OF RENEWAL OR A PURCHASE ORDER IN ORDER TO RECEIVE INVOICE. CONTRACT OPTIONS ❑ SOFTWARE AND HARDWARE, 24X7 SOFTWARE AND HARDWARE, 8X5 ❑ DECLINE MAINTENANCE STANDARD SOFTWARE AND HARDWARE SUPPORT: (AMOUNT: $588.00) ➢ 8 a.m. — 5 p.m. (M-F, Excluding Holidays) Telephone Support: 2 Hour Response ➢ Free Remote SOFTWARE Updates for DataWorks Plus Applications During Normal Business Hours — does not include Operating System ➢ Remote Dial-in Analysis ➢ Shipping for Covered Defective HARDWARE (listed below) with Remote Installation Assistance ➢ Free yearly account call review upon request 24X7 SOFTWARE AND HARDWARE SUPPORT: (AMOUNT: $686.00) ➢ 24X7 Telephone Support: 2 Hour Response ➢ Free Remote SOFTWARE Updates for DataWorks Plus Applications During Normal Business Hours — does not include Operating System ➢ Remote Dial-in Analysis ➢ Shipping for Covered Defective HARDWARE (listed below) with Remote Installation Assistance ➢ Free yearly account call review upon request DWP Job Number 23-00223, PO# B-PO-0123-00000165: Hardware: One (1) Canon SL3 Camera • Serial Number: 372075037761 Software: One (1) Photo Capture Module One (1) FL AHCA Module DataWorks Plus, LLC 866-632-2780 (Toll-Free) 728 N. Pleasantburg Driveffla ta &4 864.672.2780 (P) Greenville, SC 29607 864.672.2787 (F) 1. REPORTING A PROBLEM TO DATAWORKS PLUS: 1.1 The Agencycan contact Technical Support using either of the following options: ➢ Toll-free telephone support (866-632-2780,dial 113"for Customer Support) ➢ Email: support@dataworksplus.com 1.2 The Agency should use our toll-free number to report problems that require immediate attention. To expedite the problem, the Agency needs to have readily available, the machine name or IP address of HARDWARE or SOFTWARE with the problem, the type of SOFTWARE with the issue and a sample record number. 2. DATAWORKS PLUS RESOLUTION PROCESS: (SEE ADDENDUM/EXCLUSIONS) 2.1 DATAWORKS PLUS Technical Support Team will open a ticket in our tracking system as acknowledgment of an issue reported to us. The Agency can request the ticket number for their tracking purposes. 2.2 DATAWORKS PLUS Technical Support will connect to the system remotely to determine the problem and resolution. ➢ DATAWORKS PLUS will contact the Agency upon closure of the ticket. ➢ DATAWORKS PLUS will, at no additional expense to the Agency, correct any failures of the covered SOFTWARE to meet its specifications. ➢ NOTE: If Agencywill not provide DATAWORKS PLUS with remote dial-in access for support issues and DATAWORKS PLUS is required to go to Agencysite(s) to determine the problem and resolution, resolution time will be delayed and Agencywill be financially responsible for DATAWORKS PLUS travel time and out-of-pocket expenses. 2.3 If the remote site support does not satisfactorily resolve the problem, DATAWORKS PLUS may choose to send a qualified technician to your site to correct the problem. The decision to send a technician onsite will be at the sole discretion of DATAWORKS PLUS and will be done at no additional expense to the Agency. 3. DATAWORKS PLUS RESPONSIBILITIES TO SOFTWARE: 3.1 DATAWORKS PLUS will, at no additional expense to the Agency, provide all enhancements, additions and updates to the SOFTWARE. The Agency can contact our Technical Support team to schedule SOFTWARE updates for any SOFTWARE purchased from DATAWORKS PLUS; does not include Operating System. All SOFTWARE updates should be scheduled during normal business hours. Fees for non-business hours updates can be provided as needed. ✓ DATAWORKS PLUS warrants that its products are free from viruses. Any virus introduced to the Agencys system by DATAWORKS PLUS will be remedied at the sole expense of DATAWORKS PLUS. www.daPaworkspl us.com 2 DataWorks Plus, LLC 866-632-2780 (Toll-Free) 728 N. Pleasantburg Driveffla ta &4 864.672.2780 (P) Greenville, SC 29607 864.672.2787 (F) 4. AGENCY'S RESPONSIBILITIES: 4.1 Maintenance does not cover virus protection or system failure due to virus infection. The on-site system administrator is responsible for Operating System and SQL patches/updates as well as Anti- virus SOFTWARE updates. The Agency will be responsible for any damage or failure caused by a computer virus. In the event that a system becomes infected and the Agency requires assistance, DATAWORKS PLUS will assist the Agency on a time and materials basis. Systems that have been infected can contact DATAWORKS PLUS to assist with rebuilds after they have completed a complete virus scan and malware scan of the system. 4.2 However, the Agencycan, at no additional expense, contact our technical support team for assistance in setting the proper exclusions for anti-virus solutions provided by the Agency. 4.3 The Agency is responsible for providing a backup solution and ensuring that backups are being conducted. The Agencycan, at no additional expense, contact DATAWORKS PLUS support to configure SQL backups to disk or USB drive. DATAWORKS PLUS encourages customers to provide a 3rd party backup solution. 4.4 Agencies that need to replace agency-provided hardware can contact DATAWORKS PLUS for a services quote to migrate databases and/or applications. The agency, in this event, will be responsible for the following: Replace the hardware, install the OS and patches, install SQL, and provide a means of access (VPN or dial-in) to the new hardware. DATAWORKS PLUS will be responsible for re-loading the DATAWORKS PLUS software and working with the customer to recover the database. 5. DATAWORKS PLUS HARDWARE RESPONSIBILITIES: (The section below relates only to HARDWARE listed on this contract as covered by DATAWORKS PLUS—See covered hardware beginning on Page One to determine if this section applies to your Agency) 5.1 DATAWORKS PLUS will, at no additional expense to the Agency, repair or replace any piece of covered HARDWARE that malfunctions due to normal wear and tear based on manufacturer specifications at the time of purchase. This does not cover HARDWARE malfunctions due to acts of God, abusive damage or accidents, or HARDWARE/HARDWARE components replaced at the discretion of the Agency. 5.2 This contract does not include consumable items such as (but not limited to) batteries, printer paper, printer ribbons, toner, photographic paper, print heads, magnetic tapes, or transfer ribbons for printers. This applies only to customers who have purchased printers from DATAWORKS PLUS and those printers are under a current support agreement. 5.3 DATAWORKS PLUS reserves the right to replace any piece of covered HARDWARE with the same or comparable model if the existing model is no longer available. The decision to replace HARDWARE is at the sole discretion of DATAWORKS PLUS. 5.4 DATAWORKS PLUS reserves the right to discontinue coverage for printers that become "general use" printers, instead of printers used exclusively for DATAWORKS PLUS applications. 5.5 DATAWORKS PLUS will, at no additional expense to the Agency, provide next-day delivery (except Sundays and Holidays, in which case, delivery will be scheduled for the next business day) of a replacement unit for any piece of covered HARDWARE that malfunctions due to normal wear and tear. DATAWORKS PLUS will provide next-day delivery by UPS Red Label, Fed Ex Priority Overnight, or a www.daPaworkspl us.com 3 DataWorks Plus, LLC 866-632-2780 (Toll-Free) 728 N. Pleasantburg Driveffla ta &4 864.672.2780 (P) Greenville, SC 29607 864.672.2787 (F) similar service. Replacement units will be loaned to the Agency until DATAWORKS PLUS has repaired the failed unit or until DATAWORKS PLUS makes the decision to provide a permanent replacement. 5.6 DATAWORKS will provide telephone assistance for connectivity for defective HARDWARE listed below: Camera equipment, panner sets, keyboards, external disk drives, monitors, mice. 5.7 DATAWORKS PLUS will, at no additional expense to the Agency, provide all computer-related and firmware updates as deemed necessary, for all computer equipment purchased from DATAWORKS PLUS and all DATAWORKS PLUS SOFTWARE applications. Additional charges may apply for firmware upgrade for mobile devices. 5.8 Armband Hardware: Armband hardware purchased from and provided by DATAWORKS PLUS is specifically engineered and designed for exclusive use with DATAWORKS PLUS armbands. We cannot guarantee the effectiveness of this equipment when used with other brands of armbands/wristbands and their application. Using armbands/wristbands from a vendor other than DATAWORKS PLUS may void the maintenance agreement. This hardware includes: Trim Die Hole Punch, Model 5560 Laminator, Rivet Tool, and Armband Photo Die Cutter. ➢ For defective armband hardware: DATAWORKS PLUS will ship the defective hardware to our headquarters at no expense to the Agency. DATAWORKS PLUS will repair the armband hardware and ship the original hardware back to the Agency. No loaner equipment will be provided during this time. 6. CONNECTIVITY: 6.1 DATAWORKS PLUS can provide remote connectivity SOFTWARE (such as VNC or Remote Desktop) necessary to provide remote site support. The Agency is responsible for providing a VPN or direct- inward-dial telephone line. DATAWORKS PLUS is not responsible for any annual or monthly SOFTWARE fees for connectivity purposes. 7. ADDITIONAL TRAINING: 7.1 Upon request, DATAWORKS PLUS will provide a 30% discount on refresher training to the Agency. Quotes for training can be obtained by contacting Agency'saccount manager. 8. ASSISTANCE BEYOND THE SCOPE OF THIS CONTRACT: 8.1 Additional engineering, development, or support efforts by DATAWORKS PLUS, beyond the scope of this agreement, may be billable. This includes, but is not limited to, the following items: • Migration of applications and/or databases to new hardware • Migration of DataWorks Plus applications to agency-provided hardware • Physical relocation of hardware • Interface modifications needed due to changes made outside of DataWorks Plus applications. The agency can contact DataWorks Plus for billable rates. 9. CONTRACT CANCELLATION: 9.1 The Agency through written notification to DATAWORKS PLUS may cancel this maintenance/support agreement; a minimum of 30 days is required for this notice. Any unused portion of the www.daPaworkspl us.com 4 DataWorks Plus, LLC 866-632-2780 (Toll-Free) 728 N. Pleasantburg Driveffla ta &4 864.672.2780 (P) Greenville, SC 29607 864.672.2787 (F) maintenance/support costs listed on this contract will be refunded to the Agency at a pro-rated amount. 10. END OF LIFE POLICY: DATAWORKS PLUS guarantees hardware support for five years and will give the Agency a one year written notification regarding hardware that is approaching end of life. End of Life refers to hardware that we can no longer maintain due to age. Customers with end of life notifications should contact their Account Manager for options. 11. Addendum C is incorporated herein by reference. www.daPaworkspl us.com 5 DataWorks Plus, LLC 866-632-2780 (Toll-Free) 728 N. Pleasantburg Driveffla ta &4 864.672.2780 (P) Greenville, SC 29607 864.672.2787 (F) **See Addendums A and 8 for information on moving SOFTWARE licenses to new HARDWARE and Decline of Maintenance. If the Agency requires the OIS security addendum documentation for our support staff, please contact Support and this will be sent at the earliest. Monroe County, Florida DATAWORKS PLUS Agency: Federal ID: 57-1104887 Kevin G. Wilson Name: Name: Jessica Mensina Digitally signed by Kevin Kevin Wilson Date: Date:2024.03.20 Signature: 11:35:04-04'00' Signature: Acting County Administrator Title: Date: March 14, 2024 Date:3/20/24 PO#: Approved as to form and legal sufficiency: Monroe County Attorney's Office 3-14-2024 www.daPaworkspl us.com 6 DataWorks Plus, LLC 866-632-2780 (Toll-Free) 728 N. Pleasantburg Driveffla ta &4 864.672.2780 (P) Greenville, SC 29607 864.672.2787 (F) DATAWORKS PLUS INTERCONNECT CONFERENCE REGISTRATION FORM ❑ Please check the box if you would like to be billed for attending our InterConnect advanced training conference. This will be added to your maintenance invoice. Price is $2,500.00 per individual and includes airfare and hotel accommodations. Money can be refunded as long as no tickets or confirmed reservations have been made. 0 x $2,500.00 = 0 # Attendees x $2,500.00 = Total The total will be added to your maintenance invoice or you can request a separate invoice. Check our website regularly for more details. www.daPaworkspl us.com 7 DataWorks Plus, LLC 866-632-2780 (Toll-Free) 728 N. Pleasantburg Driveffla ta &4 864.672.2780 (P) Greenville, SC 29607 864.672.2787 (F) ADDENDUM A Occasionally, customers have a need to move our SOFTWARE licenses to new HARDWARE, either due to HARDWARE failure or simply as a HARDWARE upgrade. DATAWORKS PLUS considers application upgrades as a part of our standard maintenance plan. However, system moves are not covered under the plan. Customer should contact DATAWORKS PLUS for pricing for system moves. Customers who need to move SOFTWARE/databases to new HARDWARE will need to do the following: 1. Contact DATAWORKS PLUS at 866.632.2780 for pricing and scheduling; 2. Provide DATAWORKS PLUS with an equivalent HARDWARE solution as the original HARDWARE, with any SOFTWARE installed that was originally installed by the Agency; 3. Provide VPN access to the new system and the old system simultaneously until the move is complete; 4. Provide access to system backups and logs. 5. DATAWORKS PLUS understands that some Agencies prefer to handle application license moves to customer owned HARDWARE without DATAWORKS PLUS assistance. In this instance, it is the Agencies responsibility to notify DATAWORKS PLUS so that maintenance coverage will continue for the license(s). The following information should be given to DATAWORKS PLUS to update license information on the maintenance record: • Previous machine name and IP • New machine name and IP ➢ DATAWORKS PLUS is not responsible for providing on-site assistance in the event of customer provided hardware failure. ➢ DATAWORKS PLUS is not responsible for engineering/development work to reconstruct corrupt databases due to customer-provided hardware failure, or failure due to viruses/malware. ➢ Customers who wish to schedule license moves and/or hardware upgrades may contact DATAWORKS PLUS for fees and scheduling. ➢ Customers may contact us for pricing for a maintenance uplift plan that includes software license moves. ➢ Our standard rates of$180 per hour, 2 hour minimum, will apply for any installation or deployment related support issues after the initial training and installation for Kiosk. www.daPaworkspl us.com 8 DataWorks Plus, LLC 866-632-2780 (Toll-Free) 728 N. Pleasantburg Driveffla ta &4 864.672.2780 (P) Greenville, SC 29607 864.672.2787 (F) ADDENDUM B- DECLINE OF MAINTENANCE The following information is included in the event that your agency declines maintenance with DATAWORKS PLUS: Should you need assistance going forward, please note the Time and Materials process below: ➢ If technical assistance is needed, please contact DATAWORKS PLUS at 866.632.2780 x 3. ➢ DATAWORKS PLUS will open a ticket for your Agency and work to get you a quote for services. ➢ Your agency will be provided the information necessary so your agency can issue a purchase order for services. Typically, this purchase order will be for the two-hour minimum. ➢ Upon receipt of the purchase order, our technicians will connect to your site to determine the cause of the problem and an estimate of time for resolution. ➢ If the problem can be resolved during the two-hour minimum time-frame listed in the purchase order, we will proceed with the repair. DATAWORKS PLUS support technicians will contact your Agency before going above the time limit issued by your Agency. ➢ If the problem requires HARDWARE to resolve, DATAWORKS PLUS will issue your Agency a quote for the HARDWARE separately, provided the HARDWARE is not listed as obsolete by DATAWORKS PLUS. T&M agencies are responsible for shipping costs for the replacement HARDWARE. Be advised that significant downtime could result if hardware repairs are warranted. ➢ Upon closure of the ticket, DATAWORKS PLUS will issue an invoice with the purchase order given at the time of the initial call. Please note that agencies with current maintenance contracts will get priority in our support tracking system. However, we are happy to give agencies a time-frame for resolution. ➢ DATAWORKS PLUS does not provide on-site support for non-maintenance customers. ➢ DATAWORKS PLUS does not provide SOFTWARE upgrades for non-maintenance customers. Be advised that some SOFTWARE upgrades may be required to remain in compliance with state certifications. Non- maintenance customers can purchase SOFTWARE upgrades at the prevailing rate. www.daPaworkspl us.com 9 ADDENDUM C (State and Local Clauses Only) The following clauses are added into the attached Agreement as if fully set forth therein: 1. Florida Public Records law (F.S. 119.0701). RECORDS- ACCESS AND AUDITS: Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of Monroe County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, - i t - , c/o Monroe County Attorney's Office, 1111 12' St., Suite 408, Key West FL 33040. 2. F.S. 287.0582, F.S. and Monroe County Purchasing Policy: Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 3. Insurance Requirements (Monroe County Risk Manual): The vendor is required to provide the following insurance coverage: N/A Prior to or at time of execution of the agreement, the vendor shall provide a certificate of insurance evidencing current coverage in this amount. Therefore, the vendor shall provide updated certificates whenever the coverage is renewed. 4. Public Entity Crime Statement (required by F.S. 287.133 and Monroe County Purchasing Policy): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. As used herein, the term "convicted vendor list" means a list maintained by the Florida Department of Management Services, as defined in F.S. 287.133. By entering in this Agreement, the vendor acknowledges that it has read the above and states that neither the vendor nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 5. Ethics Clause (required by Monroe County Ordinance No. 10-1990): By entering in this Agreement, the vendor warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 6. E-verify requirement (required by F.S. 448.095): Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. By entering into this Agreement, the vendor certifies that it registers with and uses the E-Verify system. If the contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. 7. Scrutinized companies (F.S. 287.135): a. (Applies to contracts > $1 million): This contract is terminable at the option of the awarding body if the vendor is found to have submitted a false certification as defined below, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as those terms are defined in F.S. 287.135, or been engaged in business operations in Cuba or Syria. i. False certification: At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of $1 million or more, the company must certify that the company is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. At the time a company submits a bid or proposal for a contract or before the company enters into or renews a contract with an agency or local governmental entity for goods or services of any amount, the company must certify that the company is not participating in a boycott of Israel. By entering into this agreement, the vendor certifies that the company complies with these requirements. b. (Applies to all contracts): This contract is terminable at the option of the awarding body if the company is found to have been placed on the Scrutinized Companies that Boycott Israel List as that term is defined in F.S. 287.135 or is engaged in a boycott of Israel. 8. Payment: Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, F.S. 218.70 et seq. Invoices must be submitted to the Clerk with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds.