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.
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Admnisbatirue Services Civision
Purchasing
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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
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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:
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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.
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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
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[)ate:
Ap` �6
leg 1
Jeffi
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Witness:
Print Name:
Signed By :_
Date:
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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
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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