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Backup Documents 04/24/2012 Item #16F 316F3 MEMORANDUM Date: April 30, 2012 To: Lyn Wood, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Amendment #1 - #11 -5617 GovMax Contract Contractor: Sarasota County Attached are two (2) originals, referenced above (Agenda Item #16F3), approved by the Board of County Commissioners on Tuesday, April 24, 2012. Please return a fully executed original back to the Minutes and Records Department once all signatures have been received. If you should have any questions please contact me at 252 -8411. Thank you. C0ter y Admnisbatirue Services Civision Purchasing �r 16F3 FHE �RNFY 2111 q pR Purchasing bepa�rtiie' 10: 36 3301 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -2667 FAX: (239) 252-6593 Email: lynwood@colliergov.net www.colliergov.net eskbNa.1 ITEM NO.: DATE RECEIVED: FILE NO 12 -PRC -02177 ROUTED . DO NOT WRITE ABOVE THIS LINE Request for Legal Services Date: April 24, 2012 To: Jeff Klatzkow County Attorney 7 From: Lyn M Wood Procurement Strategist Re: 11 -5617 GovMax Contract — Amendment #1 Contractor: Sarasota County BACKGROUND OF REQUEST: 7hu.e uIa -� S\5l Vc -vs�'c^^' This Amendment was approved by the BCC on 4/24/12; agenda item 16.F.3. This item has been previously submitted. ACTION REQUESTED: Amendment #1 review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me at the telephone number or email address above. Purchasing would appreciate notification when the documents exit your office. V ' \t/ '1� 16F3 HOSTED APPLICATION SERVICE AND LICENSE AGREEMENT AMENDMENT NO. 1 TO CONTRACT NO. 2010002078 This Amendment made and entered into upon execution by both parties by and between SARASOTA COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the 'LICENSOR," and, Collier County, a political subdivision of the State of Florida, hereinafter referred to as "LICENSEE." WITNESSETH WHEREAS, the LICENSOR and the LICENSEE entered into County Agreement No.2010002078, dated November 18, 2010, a Hosted Application Service and License Agreement (the "Agreement "); and WHEREAS, the LICENSOR and Licensee now require to amend the Agreement as set forth below. NOW THEREFORE, the LICENSOR and LICENSEE in consideration of the mutual covenants contained herein, do agree to amend the Agreement as follows: 1. Section 2. a. of the Agreement is hereby revised to designate LICENSOR as the 'Service Provider" effective the date of this Amendment. In no way shall LICENSOR be deemed responsible for any acts or omissions provided by any prior Service Providers pursuant to the Agreement. LICENSOR may provide the services contemplated therein either directly or through a subcontractor of LICENSOR. 2. Requests for service made by LICENSEE to LICENSOR shall be submitted through LICENSOR's ticket tracker system, which is currently accessible via the Internet at https: / /wiki.scgov.net /scgtrak /[LICENSEE]. a. LICENSOR will provide and manage the ticket tracker system and associated support process. b. LICENSOR will invoice LICENSEE for any tickets related to their customized instance of GovMax. Only break /fix tickets shall be accepted for processing by LICENSOR, until and unless LICENSEE is otherwise so notified by LICENSOR. Page 1 of 3 16F3 c. LICENSEE shall compensate LICENSOR at the rate of One Hundred Twenty -Five Dollars ($125.00) per hour for all services provided by LICENSOR. d. LICENSOR shall invoice LICENSEE on a monthly basis for the services provided by LICENSOR during the prior month. i. If LICENSEE is a political subdivision of the State of Florida, or otherwise subject to the Local Government Prompt Payment Act ( "the Act ") (Section 218.70, et seq, Florida Statutes) LICENSEE shall pay invoices in accordance with the Act. ii. In the event LICENSEE is subject to a law or ordinance requiring a time frame or process for payment of invoices other than that set forth in the Act, such law or ordinance shall govern. iii. In the event LICENSEE is not prohibited from paying invoices in accordance with the Act, then the Act shall govern. e. The support procedures to be followed by LICENSEE and LICENSOR shall be provided to LICENSEE and may be updated from time to time by LICENSOR. 3. Except as modified herein, all other terms, covenants, and conditions of the Agreement shall remain in full force and effect. Page 2 of 3 16F3 IN WITNESS WHEREOF, the parties have executed the Agreement as of the date last below written. ATTEST: Dwight E. Brock, Clerk of Courts x� [)ate: Ap` �6 leg 1 Jeffi Cou Witness: Print Name: Signed By :_ Date: ly(-O-%-� I �- to Chi 1r a 6 CAoA FdFm and Approved as to form and correctness: M COUNTY ATTORNEY Licensee: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: `i W• C'�' Fred W. Coyle, Chairman Licensor: SARASOTA COUNTY By: Date: ATTEST: County Administrator Page 3 of 3 16F3 HOSTED APPLICATION SERVICE AND LICENSE AGREEMENT AMENDMENT NO. 1 TO CONTRACT NO. 2010002078 This Amendment made and entered into upon execution by both parties by and between SARASOTA COUNTY, a political subdivision of the State of Florida, hereinafter, referred to as the " "LICENSOR," and, Collier County, a political subdivision of the State of Florida, hereinafter teferred to as -LICENSEE.- WITNESSETH WHEREAS, the LICENSOR and the LICENSEE entered into County Agreement No.2010002078, dated November 18, 2010, a Hosted Application Service and License Agreement (the "Agreement "); and WHEREAS, the LICENSOR and Licensee now require to amend the Agreement as set forth below. NOW THEREFORE, the LICENSOR and LICENSEE in consideration of the mutual covenants contained herein, do agree to amend the Agreement as follows: 1. Section 2. a. of the Agreement is hereby revised to designate LICENSOR as the "Service Provider" effective the date of this Amendment. In no way shall LICENSOR be deemed responsible for any acts or omissions provided by any prior Service Providers pursuant to the Agreement. LICENSOR may provide the services contemplated therein either directly or through a subcontractor of LICENSOR. 2. Requests for service made by LICENSEE to LICENSOR shall be submitted through LICENSOR's ticket tracker system, which is currently accessible via the Internet at https: / /wiki.scgov.net /scgtrak /[LICENSEE]. a. LICENSOR will provide and manage the ticket tracker system and associated support process. b. LICENSOR will invoice LICENSEE for any tickets related to their customized instance of- GovMax. Only break /fix tickets shall be accepted for processing by LICENSOR, until and unless LICENSEE is otherwise so notified by LICENSOR. Page 1 of 3 Y 16F3 c. LICENSEE shall compensate LICENSOR at the rate of One Hundred Twenty -Five Dollars ($125.00) per hour for all services provided by LICENSOR. d. LICENSOR shall invoice LICENSEE on a monthly basis for the services provided by LICENSOR during the prior month. i. If LICENSEE is a political subdivision of the State of Florida, or otherwise subject to the Local Government Prompt Payment Act ('the Act ") (Section 218.70, et seq, Florida Statutes) LICENSEE shall pay invoices in accordance with the Act. ii. In the event LICENSEE is subject to a law or ordinance requiring a time frame or process for payment of invoices other than that set forth in the Act, such law or ordinance shall govern. iii. In the event LICENSEE is not prohibited from paying invoices in accordance with the Act, then the Act shall govern. e. The support procedures to be followed by LICENSEE and LICENSOR shall be provided to LICENSEE and may be updated from time to time by LICENSOR. 3. Except as modified herein, all other terms, covenants, and conditions of the Agreement shall remain in full force and effect. Page 2 of 3 16F3 IN WITNESS WHEREOF, the parties have executed the Agreement as of the date last below written. ATTEST: Licensee: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By,. Date: �� Fred W. , Co le Chairman Coyle, V1, to C1►�irs AV m and Jeffr atzkow Iwo ney Witn s: Licensor: Prin e r✓ r�� SARASOTA COUNTY Sigh � U County Admini rato�l� 9 Date: Date: i L AT�ST: Approved as to form and correctness: BY: 4�� COUNTY ATTORNEYT-rl Page 3 of 3