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HomeMy WebLinkAbout5th Amendment 01/28/2026 DATE: January 30, 2026 TO: Alan MacEachern, Director Information Technology FROM: Brynn Morey, Deputy Clerk SUBJECT: January 28, 2026 BOCC Meeting The following item has been executed and added to the record. C31. Approval of Amendment No. 5 to the Oracle Public Sector Compliance and Regulation Product Agreement between DLT Solutions, LLC and Monroe County to authorize up to $54,193.00 (billed in 4 quarterly payments of $13,548.25) for consulting and technical services to provide support within the County's Oracle Permitting and Licensing (OPAL) electronic platform. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENTNO.5 TOTHEAGREEMENTFOR IMPLEMENTATIONOF ORACLE PUBLIC SECTOR COMPLIANCE AND REGULATION PRODUCT January 28th This Amendment No. 5 is made this day of , 20 by and between 26 the Monroe County, Florida, through the Monroe County Board of County Commissioners (the "COUNTY"), and DLT Solutions, LLC (“DLT” or “CONTRACTOR”), and amends the Agreement between Monroe County, Florida, and DLT Solutions, LLC, for implementation of the Oracle Public Sector Compliance and Regulation Product dated April 21, 2021 ("Original Agreement"), the Amendment No. 1 thereto dated November 15, 2022 (Amendment No. 1), the Amendment No. 2 thereto dated May 18, 2023 (Amendment No. 2), the Amendment No. 3 thereto dated December 11, 2024 (Amendment No. 3), and the Amendment No. 4 dated May 21, 2025, and the parties agree as follows: W I T N E S S E T H: WHEREAS, on April 21, 2021, the parties entered into the Agreement to implement the software product known as Oracle Public Sector Compliance and Regulation (PSCR) product, to be utilized by the County’s Building and Code Compliance Departments for processing and issuing building permits, contractor licenses, code cases, and other related functions; and WHEREAS, on November 15, 2022, the parties agreed to amend the Agreement, later referred to as Amendment No. 1, to add additional support services required for implementation of the PSCR product; and WHEREAS, on May 17, 2023, the Board of County Commissioners approved an Amendment No. 2, wherein the last party signed on May 18, 2023 (forming the effective date), memorializing the parties’ understanding that the additional services provided for therein would commence (retroactively to February 28, 2023) and continue for eight (8) consecutive quarters thereby extending the term of the underlying agreement to at least February 27, 2025; and WHEREAS, on April 17, 2024, at its duly noticed public meeting, the Board of County Commissioners granted approval of a one (1)-year extension of the licensing agreement with DLT Solutions, LLC pursuant to DLT Quote #: 5224077 depicting annual licensing/subscription fees for a period starting on May 30, 2024 and ending on May 29, 2025; and WHEREAS, on December 11, 2024, the parties entered into Amendment No. 3 in order to ratify the earlier extension, and clarify and memorialize that the first 1-year extension term had been exercised and it started on April 21, 2024 and was slated to end on April 20, 2025, and to further ensure continuity of services, through the very same Amendment No. 3 the parties extended the agreement for a second 1-year period starting on April 21, 2025 and ending on April 20, 2026; and WHEREAS, additionally, Amendment No. 3 approved a new scope of professional/consulting services with assigned pricing for general and routine services, and clarified that the services would be billed as-used and never forfeited; and WHEREAS, on April 16, 2025, at its duly noticed public meeting, the Board of County Commissioners approved by motion the new annual licensing/subscription fees with DLT Solutions, LLC pursuant to DLT Quote #: 5304039 depicting said fees for a period starting on May 30, 2025 and ending on May 29, 2026; and Page 1 of 5 WHEREAS, to avoid confusion, the parties agreed that the price increases reflected in the DLT Quote #: 5304039 depicted annual licensing/subscription fees for a period starting on May 30, 2025 and ending on May 29, 2026 are formally accepted, and Amendment No. 4 constitutes written approval by the parties as of the date of the April 16, 2025 (retroactively); and WHEREAS, it was agreed that the parties may exercise such extensions of the underlying agreement, including the renewal of annual licensing/subscriptions (and any associated fee increases), in any manner that is consistent with the Section 7.4.1, as amended in Amendment No. 3 (i.e. “Renewals may be authorized administratively subject to the purchasing authority of the County Administrator pursuant to the County’s Purchasing Policy.”); and WHEREAS, in Amendment No. 4, a separate, but concurrent, scope of professional/consulting services was established with assigned pricing for specific project creation and implementation services; and WHEREAS, said professional/consulting services for the specific project creation/implementation effort detailed in “Exhibit C” therein, the Time and Materials Services Exhibit (DLT Quote #: 5295430) dated April 15, 2025 (3 pages), and “Exhibit D,” the Price Quotation (DLT Reference #:1908537) dated April 15, 2025 (2 pages), and such additional services were to be provided for the not-to-exceed total of $60,415.00, to be invoiced as used (billed-as-used), consistent with the provisions for ordering additional services pursuant to Sections 3.1 and 3.2, within Article III, “Additional Products and Services,” of the Original Agreement; and WHEREAS, the additional services purchased pursuant to “Exhibit C” and “Exhibit D” to Amendment No. 4 were available to the County for a period of six (6) months from the effective date of Amendment No. 4, at the end of six (6) months any unused available balance from the not-to-exceed total would not be billed to the County, and the natural expiration of those services would not impact the underlying term of the agreement; and WHEREAS, furthermore, the professional services purchased thereunder would not impact the available professional service balances that exist pursuant to “Exhibit A” and “Exhibit B” of the agreement, as incorporated by Amendment No. 3 on December 11, 2024; and WHEREAS, while the professional services purchased thereunder could be used concurrently, said services must have been billed separately from any other professional services previously authorized under the agreement in order to keep accurate accounting of each draw- down professional services balance; and WHEREAS, in this Amendment No. 5, a 1 (one) year agreement for fixed price professional/consulting services in the total amount of $54,193.00, paid in quarterly payments of $13,548.25, as detailed in Exhibit A (consisting of DLT Price Quotation Reference No. 1983558, dated 12/11/2025), is being entered into by the parties, the term of the agreement running from February 2, 2026, to February 1, 2027; and WHEREAS, said the scope of fixed price services consist of related (to previously licensed software), separate, but concurrent, professional/consulting services, namely, Oracle provided assistance with running and operating the Oracle Permitting and Licensing (OPAL) platform (previously licensed and implemented) being used by a plurality of County departments, by planning for and executing upgrades, helping County staff understand new features and Page 2 of 5 functionality, and deploy new functionality, as detailed in Exhibit “B” (consisting of DLT Quote # 5383327); and WHEREAS, while the professional/consulting services purchased hereunder can be used concurrently, said services must be billed separately from any other professional services previously authorized under the original agreement and amendments thereto outlined above, in order to keep accurate accounting of each draw-down professional services balance; and NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1.The recitations referred to above are true and correct, and are hereby adopted and incorporated as if set forth in full. The parties seek to describe changes in the existing agreement in following ways: 1) words in strike through type are deletions from existing text, 2) words in underline type are additions to existing text, and 3) asterisks (***) indicate existing text not shown. 2.The parties ratify the January 28, 2026, Board of County Commission approval of DLT Quote #: 1983558 depicting quarterly fees for a period starting on February 2, 2026, and ending on February 1, 2027, and provide that pursuant to Paragraph 1.2 of the underlying Agreement between Maricopa County and DLT Solutions LLC, the term of the annual licensing/subscription may extend beyond the term of the Master Agreement (i.e. February 1, 2027 extends beyond the current term of the Agreement ending on April 20, 2026). Should the parties desire to extend the Agreement prior to February 1, 2027, it is hereby agreed that such extensions and licensing/subscription renewals may be accomplished in any manner that is consistent with Section 7.4.1, as amended by Amendment No. 3, dated December 11, 2024. 3.The parties hereby adopt and incorporate the new (concurrent) professional services for specific project creation/implementation efforts that is detailed in “Exhibit B,” the Fixed Price Services Exhibit B (DLT Quote #: 5383327) dated December 11, 2025 (3 pages), and “Exhibit A,” the Price Quotation (DLT Reference #:1983358) dated December 11, 2025 (2 pages), and such additional services will be provided for the not-to-exceed total of $54,193.00, to be invoiced after services are rendered to the County, pursuant to the terms and conditions of the Agreement. Invoices must be acceptable to the Monroe County Office of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. 4.The parties agree that “Exhibit A” and “Exhibit B” describe the current and operative scope of services defined in the Agreement. Should the parties desire to update or change the operative scope of services, an amendment with equal formally must be executed by both parties. Any linked terms and conditions that are incorporated into any exhibit, proposal, or quote must be those terms and conditions as they existed on the effective date of the Agreement that incorporated said exhibit, proposal, or quote, and not inconsistent herewith. 5.This Agreement constitutes the entire understanding between the CONTRACTOR and the COUNTY regarding this Amendment No. 4 to the Agreement, and all other terms and conditions of the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, and Amendment No. 4, not previously repealed or amended, nor amended hereby, shall remain in full force and effect and are incorporated herein. Page 3 of 5 Monroe County Attorney Approved as to Form And Legal Sufficiency Approved as to legal form & sufficiency: Donald Townsend, Jr. Assistant County Attorney Date: Jan 15,2026, 4:10 pm _________________________________ Donald E. Townsend, Jr., Assistant County Attorney Page 5 of 5 Quote:5383327 Reference: 1983558 PriceQuotation Date:12/11/2025 Expires:02/28/2026 Exhibit A To:AlanMacEachernFrom: JessicaMarino MonroeCountyBoardofCounty DLT Solutions, LLC Commissioners 2411DullesCornerPark 2798OverseasHighway Suite 800 Marathon,FL33050 Herndon, VA 20171 Phone:(703)773-9262 Phone:(305)453-8792 Fax:(703)773-9262 Fax: Email:jessica.marino@dlt.com Email:maceachern-alan@monroecounty-fl.gov # DLT Part No.ContractQtyUnitPrice Ext. Price DLT000-FFPMSTATE-ORCL-USC1$13,548.25 1 $13,548.25 FIRM Fixed Price Professional Services QuarterlyPost-ProductionSupportReport1 DLT000-FFPMSTATE-ORCL-USC1$13,548.25 2 $13,548.25 FIRM Fixed Price Professional Services Quarterly Post-ProductionSupportReport 2 DLT000-FFPMSTATE-ORCL-USC1$13,548.25 3$13,548.25 FIRM Fixed Price Professional Services QuarterlyPost-ProductionSupportReport3 DLT000-FFPMSTATE-ORCL-USC1$13,548.25 4 $13,548.25 FIRM Fixed Price Professional Services QuarterlyPost-ProductionSupportReport4 Total$54,193.00 ContractSerialNo.180233-001 Contract Expires:11/30/2028 UEI - F1N2KDGBDTU8 Federal ID #: 54-1599882 FOB:Destination Terms:Net30(OnApprovedCredit) DLT accepts VISA/MC/AMEX ShipVia:FedexGround/UPS THIS QUOTE IS SUBJECT TO THE TERMS AND CONDITIONS OF CONTRACT SERIAL NUMBER 180233. CUSTOMER IS DIRECTED TO INCORPORATE (BY REFERENCE) THIS QUOTE IN ANY RESULTING TASK/DELIVERY ORDER OR AWARD. THE TERMS OF THE AFOREMENTIONED CONTRACT ARE THE ONLY CONTROLLING TERMS AND ANY TERMS OR CONDITIONS CONTAINED IN AN ORDER, AWARD OR OTHER INSTRUMENT OF BUYER, WHICH ARE IN ADDITION TO OR INCONSISTENT WITH ANY OF THE TERMSORCONDITIONSCONTAINEDINTHOSEREFERENCEDHEREIN,SHALLNOTBEBINDINGONDLT OR ITS MANUFACTURERS AND SHALL NOT APPLY UNLESS SPECIFICALLY AGREED TO IN WRITING BY DLTCONFIDENTIALPage1of3 Quote: 5383327 Reference: 1983558 PriceQuotation Date: 12/11/2025 Expires: 02/28/2026 DLT. CPARs requests should be sent to the attention of Steve Wells at cpars@dlt.com. DLT CONFIDENTIAL Page 2 of3 Quote:5383327 Reference: 1983558 PriceQuotation Date:12/11/2025 Expires:02/28/2026 ACH:DLTSolutions,LLC Mail:DLTSolutions,LLC -OR- PLEASEREMIT Bank of America P.O.Box743359 PAYMENT TO: ABA # 111000012 Atlanta,GA30374-3359 Acct # 4451063799 Customer orders are subjecttoallapplicabletaxesandregulatoryfees. DocumentationtobesubmittedtovalidateInvoiceforpayment: a.AuthorizedServicesshallbeinvoicedwith a correspondingtimereportfortheperiodofperformanceidentifyingnames, days, and hours worked. b.Authorizedreimbursableexpensesshallbeinvoicedwith a detailedexpensereport,documentedbycopiesofsupporting receipts. c.AuthorizedEducationorTrainingshallbeinvoicedwith a Reportidentifyingdateandnameofclasscompleted,andwhere applicable the name of attendees. The Quote Number referenced above incorporates Oracle's Technical Support Policies located at: http://www.oracle.com/us/support/policies/index.html.Issuanceofanorderpursuanttothisquoteisacknowledgementand acceptance of these terms and conditions. Please reference and incorporate this Quote Number on your purchase order. DLTCONFIDENTIALPage3of3 Exhibit B December 11, 2025 Monroe County, FL Fixed Price Services Exhibit 1 DLT Quote #: 5383327 Expiration Date: 28-FEB-2026 Estimated Total Fees and ServicesReferenceFees ExpensesEstimated Expenses Fixed Price Services$54,193.00$0.00$54,193.00 Exhibit 1 Total Fees and Estimated Expenses$54,193.00 1.Description of Services. A.Services. Oracle will provide You with the following Services related to Your implementation of the Oracle Permitting and Licensing (“OPAL”) platform. Specifically, Oracle will assist with running and operating your OPAL platform by planning for and executing upgrades, helping you understand new features and functionality, and deploying new functionality. Oracle will provide Such Services for period of one (1) year, starting 02-FEB-2026, shall be limited to up to forty (40) hours per quarter for up to four (4) quarters. Any portion of the quarterly hours not used within the relevant quarter will expire at the end of such quarter; any unused amounts are non-refundable and are forfeited upon expiration. Services included in the scope of this exhibit are: 1.Planning and coordination of services to be completed quarterly. 2.Guidance and assistance with process and procedures around quarterly upgrades, including testing. 3.Review, training, and demonstration of new product features and functions. 4.Identification of quarterly release features applicable to You. 5.End user management. 6.Incident response coordination. 7.Assistance with configuration, integrations, reports and dashboards. 8.Annual citizen experience usability study. 9.Delivery of Quarterly Post-Production Support Report. 10.Reoccurring Status Meeting. DLT Solutions I dlt.com B.Deliverables. No.Deliverable NameDeliverable Description Quarterly Post-Electronic delivery of the document, for one (1) quarter of post-production 1 Production Support support, which indicates the completion of the post-production support for the Report 1quarter, to Your project manager, as described in Section 1.A.9. above. Quarterly Post-Electronic delivery of the document, for one (1) quarter of post-production 2 Production Support support, which indicates the completion of the post-production support for the Report 2quarter, to Your project manager, as described in Section 1.A.9. above. Quarterly Post-Electronic delivery of the document, for one (1) quarter of post-production 3 Production Support support, which indicates the completion of the post-production support for the Report 3quarter, to Your project manager, as described in Section 1.A.9. above. Quarterly Post-Electronic delivery of the document, for one (1) quarter of post-production 4 Production Support support, which indicates the completion of the post-production support for the Report 4quarter, to Your project manager, as described in Section 1.A.9. above. 2.Acceptance of Deliverables. Upon completion of ofany deliverable set forth in Section 1.B above, Oracle shall provide a copy to You and demonstrate that the deliverable conforms to its description upon Your request. You shall have three (3) business days after Oracle’s submission of a deliverable (“acceptance period”) to provide written notice of acceptance or rejection. Failure to provide such notice within an acceptance period shall cause a deliverable to be deemed accepted. If You reject a deliverable, You must specify the deficiencies in detail in the written notice. Oracle will use reasonable efforts at no cost to You to promptly cure any such deficiencies, and You shall have a new acceptance period to provide written notice of acceptance or rejection. 3.Project Management. You and Oracle each agree to designate a project manager who shall work together to facilitate an efficient delivery of the Services. Your project manager shall have the authority to approve Services on Your behalf. Oracle shall have the sole right to exercise direct control and supervision over the work assignments of Oracle resources. 4.Fees, Expenses, and Taxes. A.You agree to pay DLTthe fee specified below for the Services and deliverables. This fee does not include expenses or taxes. Once a deliverable is accepted, or deemed accepted, in accordance with Section 2 DLT Solutions I dlt.com (Acceptance of Deliverables) above, the corresponding fee for such deliverable specified below becomes due and payable and Oracle shall thereafter invoice, and You shall pay, such fee; this payment obligation shall become non-cancelable and the sum paid non-refundable on such acceptance date. Deliverable No.Deliverable NameDeliverable Fee 1Quarterly Post-Production Support Report 1$13,548.25 2Quarterly Post-Production Support Report 2$13,548.25 3Quarterly Post-Production Support Report 3$13,548.25 4Quarterly Post-Production Support Report 4$13,548.25 Total Fixed Fee$54,193.00 Any expenses will be invoiced monthly. 5.Your Cooperation. A.Limit Oracle’s access to any production environments or shared development environments to the extent necessary for Oracle to perform Services. B.Assign and provide one (1) point of contact to request work from Oracle staff via Oracle point of contact. 6.Project Assumptions. A.The parties acknowledge and agree that the performance of Services does not require or involve the processing of personal data. B.A formal request process will be established whereby You can request Services from Oracle as part of this engagement; however, Oracle will have no obligation to perform such requested Services except pursuant to the change control process in accordance with section B.5 of the ordering document. C.A person day is defined as one (1) person working for up to eight (8) hours, which need not be continuous. D.All Services will be performed remotely. E.Anything not expressly identified in Section 1 above is not included in the scope of, or fees for, the Services. DLT Solutions I dlt.com EMUTpmvujpot-MMD PsbdmfQfsnjuujoh'Mjdfotjoh 3522EvmmftDpsofsQbsl-Tvjuf911 Ifsoepo-WB31282 Fmfduspojdqmbugpsngpsqfsnjuujohboemjdfotjoh Dpousbdupsqspwjefttpguxbsfqspevdutboeibt opqiztjdbmqsftfodfpoNpospfDpvouztjuftsfrvjsjohvtfpgbvupnpcjmftjoqfsgpsnbodf pgxpsl CvtjofttBvupMjbcjmjuz 203:037 5