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BRANCH OFFICE CLERK OF SHE CIRCUIT COURT
3117 OVERSEAS HIGHWAY MONROE COUNTY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET
TEL (305) 289-6027 KEY WEST, FLORIDA 33040
FAX (305) 289-1745 TEL. (305) 292-3550
FAX (305) 295-3660
MEMORANDUM
TO: Clark E. Lake, Director
Solid Waste Management Division
FROM: Ruth Ann Jantzen, Deputy Clerk
DATE: June 2, 1999
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
At the May 12,1999 County Commission Meeting, the Board granted approval
and authorized execution of a Wasteworks Software License and Maintenance
Agreement between Monroe County and Carolina Software, Inc., to complete the
purchase of software and hardware for the Solid Waste Management Billing Office and
Transfer Stations.
Enclosed please find a fully executed duplicate original of the above Agreement
for return to Carolina Software.
If you have any questions concerning the above, please do not hesitate to contact
this office.
Enclosure
cc: County Attorney
Finance
County Administrator, w/o document
File
Carolina Software Inc
WasteWORKS SOFTWARE LICENSE & MAINTENANCE AGREEMENT
Grant of License: Carolina Software Inc. (CSI) hereby grants Monroe County Board of County
Commissioners (Licensee) a non-exclusive and non-transferable license to use the Licensed
Software. Your right to use the Licensed Software terminates upon the violation of any
provision of this License. If any provision of this License shall be held to be
unenforceable, such holding shall not affect the enforceability of any other provisions
hereof. The Licensed Software is the WasteWORKS computer program and associated materials
and documentation.
Number of Licensed Users:
NETWORKS: Each Network License purchased entitles the Licensee to use WasteWORKS on
one (1) Network and on only one (1) file server by no more than the number of users
specified by the license fee. If Licensee starts using WasteWORKS with fewer than the
User Limit and increases availability of WasteWORKS to more than the User Limit, Licensee
must purchase the appropriate number of additional Network Licenses to comply with these
terms.
SINGLE USERS: If Licensee has not purchased a version of WasteWORKS that is clearly
designated as a Network Version, the Licensed Software may not be used on a network or
otherwise used simultaneously on more than one computer or processor unless Licensee
purchases additional licenses for each multiple simultaneous use.
Proprietary Rights: Licensee agrees to take all necessary steps to ensure that the
provisions of this License are not violated by Licensee or by any person under your
control or in its service, and Licensee shall cause or permit no such person to
disassemble, reverse compile or tamper with the Licensed Software. All copyright, patent,
trade secret, trademark and other intellectual and proprietary rights in the Licensed
Software are and shall remain the valuable property of CSI.
Reproduction and Copyrights: Portions of the Licensed Software are entitled to protection
under the Copyright Laws. Licensee may not copy, allow anyone else to copy, or otherwise
reproduce any part of the Licensed Software without the prior written consent of CSI,
except for. backup purposes or according to the copy procedure specified in the User
Manual. Licensee may not remove or omit any copyright or other proprietary notices from
the Licensed Software. Ownership of all copies is retained by CSI.
Nonappropriation: This contract is contingent upon an annual appropriation by the Monroe
County Board of County Commissioners (Board) . Should the Board, in its discretion, fail to
annually appropriate sufficient funds to meet Monroe County's obligations under this
contract, then this contract will terminate with neither party under any futher duty,
liability or obligation to the other except that Monroe County must promptly return the
licensed software to Carolina Software, Inc.
Limited Warranty, Disclaimer and Limitation of Liability: CSI warrants that the unaltered
Licensed Software essentially conforms to the documentation and is without material
defects. Due to the complex nature of computer software, CSI does not warrant that the
Licensed Software is completely error-free, will operate without interruption or is
compatible with all equipment or software configurations, CSI MAKES NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE, ITS MERCHANTABILITY OR ITS
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL CSI BE LIABLE FOR INDIRECT OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, USE OR INFORMATION,
NOR SHALL THE LIABILITY OF CSI EXCEED THE INITIAL LICENSE FEE PAID FOR THE LICENSED
SOFTWARE.
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Carolina Software Inc
WasteWORKS SOFTWARE LICENSE & MAINTENANCE AGREEMENT Page 2
Year 2000: CSI represents and warrants that WasteWORKS is Year 2000 compliant.
WasteWORKS will accurately process date/time data (including, but not limited to,
calculating, comparing, and sequencing) from, into, and between the 20th and 21st
centuries, and the year 1999 and 2000, and accurately performs leap year calculations for
the year 2000 and into the 21st century. In addition:
WasteWORKS will not end operation abnormally or provide invalid or incorrect results as a
result of processing date data.
No acceptable value for current date will cause interruptions in normal operations of
systems using WasteWORKS.
All manipulations of time-related data (dates, duration, days of week, etc.) will produce
the desired results for all valid date values within the operational date range specified
for WasteWORKS.
Date elements in interfaces and data storage for WasteWORKS will permit specifying the
century or use unambiguous algorithms to eliminate date ambiguity. For any date element
represented without a century value, WasteWORKS will unambiguously determine the correct
century for all manipulations involving that element. In addition, interface
documentations will clearly describe how the correct century value is determined.
WasteWORKS will accurately processes date/time data with other Year 2000 compliant devices
whenever such data is exchanged in accordance with the device's documented interface
specification.
CSI will provide the County, at no additional charge with (i)
updates to WasteWORKS that are necessary to ensure Year 2000
herein, and (ii) advice, consultation and assistance to use the
diagnose and correct Year 2000 Compliance problems that may exist
fixes, corrections and
compliance, as defined
WasteWORKS software and
with WasteWORKS.
Initial License Fee: $13,300.00
Number of Licensed Users: Three single user and one network license.
Initial Installation and Training: $600/day plus expenses.
Software Support & Maintenance: CSI will provide voice and/or dial up support 24 hours/7
days in Atlantic thru Alaskan time zones. Licensee is responsible for user (s) having
adequate training. CSI will provide Licensee with new releases of the Licensed Software
as revisions or enhancements are available. CSI charges a fee for Software Support &
Maintenance. This fee is billed on a quarterly basis at the beginning of January, April,
July and October and is prorated for the first quarter from the first day of actual use of
Licensed Software after the first 90 days. At least 90 days prior to the beginning of the
fiscal year of the Licensee, CSI will notify the Licensee in writing of any increase in
the Software Support & Maintenance Fee. This increase will not exceed five percent of
previous years Software Support & Maintenance Fee OR annual increase in the Cost of Living
Index - whichever is less. APPROVED AS TO F
AND L S Ie
Software Support & Maintenance Fee: $350 per quarter.
8
This contract governed by the laws of the State of Florida.
Title:
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CAROLI~SOF~
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Monroe County Board of
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FROM, : SOL I D WASTE MANAGEMENT D I V
PHONE NO.
305 292 4432
Apr. 28 1999 10:33AM P3
SWORN STATEMENT UNDER ORDINANCE NO.1 0-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
C AfLlJLJ # 4 ~ V 'f-1WA (I..{/ I NL, warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990, For breach or violation ofthis 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 former County officer or employee.
/a-.., Lt:~ I fly'Ll;' J (){ ~T
(signature)
Date: L/ - J., ~ - '1 ~
STATE OF ~ ~
COUNTY OF 'fLu..r ~
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
l~ ~ who, after fltSt being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this 1 q-t!:- day of
~ ,19-=t:L.
(iflA~. -JAr ~
NOTARY PUBUC
My commission expires: 0 q ~ 11- 2002
OMB - MCP FORM #4
FROM: SOLID WASTE MANAGEMENT DIV
PHONE NO. 305 292 4432
Apr. 28 1999 10:32AM P2
PUBUC ENTIlY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 3 6 months from the date of being placed on the
convicted vendor list." tfc,t.
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