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Backup Documents 04/12-13/2011 Item #16A 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPl ~ A 17 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only arw: the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures. dares, and/or information needed. If the document is already complete with the e tion of the Chainnan's si lure draw a line thrau mutin lines #1 thrau b #4, co lete the checklist, and forward to SueFil~,(m line #5 . Route to Addressee(s) Office Initials Date 's! in routin order 1. 2. 3. 4, Scott Teach, Deputy County Attorney County Attorney's Office 5. Ian Mitchell, Supervisor Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive swnmary. Primary contact-information is needed in the event one oftbe addressees above, including Sue Filson, need to contact stafffor additional or missing infbnnation. All original documerttsneeding the BCe Chairman's signature are to be delivered to the BCe office only after the Bee bas acted to approve the item,) Name of Primary Staff Y ousi Cardeso Phone Number (239) 252-5886 Contact Agenda Date Item was April 12, 2011 Agenda Item Number 16A7 Approved by the BCC Type of Document Addendum to software Agreement Number of Original 2 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes colwnn or mark "NI A" in the Not Applicable column, whichever is appropriate. I. Original document has heen signedliniti.led for legal sufficiency. (All documents to he signed by the Chairman, with the exception of most letters, must he reviewed and signed by the Office of the LI" County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have heen fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and NIA all other ies exc t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or YC the fmal ne otiated contract date whichever is a licable. 4. "'Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's signature and YC initials are re uired. 5. In most cases (some contracts are an exception),lhe original docwnent and this routing slip should be YC provided to Ian Mitchell in the BeC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! 6. The d...ament was approved by the BCe On A!,riI12. lOll and all change. made durlnl the YC meeting have been loeorporaled In the attaclled dotumeut. The County Attorney's Office has reviewed the chan Ita lIeable, I: Forms/County Fonns/ Bce Forms! Original Documents Routing Slip WWS Origina19.03.04, Revised 1.26.05, Revised 2.24.05 ((matter _ nwnbeo>I<<document_numbeo) _ .'''_'~'_._''.__'_'_'~'__'_''_'__'_' .,... ._.". _ _....., . ._______.__~._~~__"~"~_M_-"'~'_...~_....~.~'_..........,"....__",.._,,_..___ 16A 7 . :J. MEMORANDUM Date: April 25, 2011 To: Yousi Cardeso, Administrative Assistant Alternative Transportation Modes From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Addendum to Software License and Services Agreement and Customer Support Agreement Contractor: RouteMatch Software, Inc. Attached you will find the original document that is referenced above, (Item #16A7) approved by the Board of County Commissioners on April 12, 2011. An original has been kept by the Minutes and Records Department as a part of the Board's Official Records. If you should have any questions or need further assistance, please feel free to contact me at 252-7240. Thank you. Attachment (I) ._..___,.,~"c_w_,,_'-__H'..'_' ~'___'_" _._~_ ._____ loA 7 Addendum To Software License and Services Agreement and Customer Support Agreement Between RouteMatch Software, Inc. and Collier County This Addendum is made and entered into effective as of April 12-, 20 II by and between RouteMatch Software, Inc, a Georgia corporation ("RouteMatch") and Collicr County ("Licensee"), a political subdivision of the State of Florida, collectively referred to herein as the "Parties". WHEREAS, RouteMatch and Licensee entered into a Software License and Services Agreement dated November 7, 2005 ("the Original Agreement"). and WHEREAS, the Parties entered into a separate Customer Support Agreement dated October 13, 2010 ("the Customer Support Agreement"), and WHEREAS, the Parties desire to add certain additional licensing, and hosting and support services to the Original Agreement and the Customer Support Agreement as set forth below. NOW, THEREFORE, the Palties hereto agree to this Addendum to the Original Agreement and the Customer Support Agreement: I. LICENSING AND LICENSE FEES RouteMatch TS@ License. In consideration of the payment of the license fees and other fees and expenses set forth below, RouteMatch grants to Licensee a nonexclusive, nontransferable. perpetual (subject to termination as provided in thc Original Agreement) license for the authorized number of Named Users and Vehicles to use RouteMatch TS@. Licensce agrees that it may allow four (4) additional designated employees ("named users") access to the Software., for a total of eleven (11) users. All other terms and conditions relating to the licensing set forth in the Original Agreement are in full force and effect as to these two additional licenses, Additional Licensing Fees: $7,000 to be paid upon delivery of the licenses. II, HOSTING SERVICE PROVIDER !HSP) SERVICES I. Description of the liSP Scrvices. RouteMatch shall, either directly or through a hosting partner, provide to Liccnsee access to and use of a Server and the Software, which shall be installcd on the Server (the "System"). In addition, Licensee shall, subjcct to the terms of this Agreement and the Original Agreement, be entitled to store and access Licensee's data, information and other matcrials ("Content") on the Scrver for use in conjunction with the Software. RouteMatch shall provide Licensee with separate ID Numbers to enable the System to identify Licensee and the users. In addition, RouteMatch shall provide Licensee with its own Passwords, which Licensee and its authorized users shall use when accessing the Systcm. 2, System Availabilitv. RouteMatch or its hosting paltner reserves the right to perform routine or standard maintenance on thc Server. RouteMatch shall provide Licensee with prior notice of all server maintenance periods. 3. User Liccnse. Licensee shall have a license I'lr Elcven (11) Users to access the System. 1 ^,.-,..- -~._~..,.."_.~.,...,,-_._._..__.-.,,--,^_._,._,,-,._---_.-'~"'-""."-'-' 16A 7 4. Service Level Agreement. The Service Level Ab>reement, attached hereto as Exhibit "A" and incorporated herein by reference, sets forth the expectations ofthe parties with respect to each parties' obligations hereunder. 5. Licensee Obligations. A. Como1iance with HSP Policies. HSP Policies are written policies of RouteMatch or its hosting partner that have been delivered to Licensee in advance of the commencement of service. These policies arc designed to help protect RouteMatch, its hosting partner and RouteMatch's customers having access to the System from irresponsible or illegal activities. End User shall not, nor shall it authorize or assist others to, abuse or fraudulently use the HSP Services, including but not limited to the following: (I) disclose any ID Numbers or Passwords to any third party who has not signed a Non- Disclosure Agreement with RouteMatch protecting the proprietary nature of information disclosed or made available during the development of RouteMatch's and/or Licensee's Content. Passwords and ID Numbers assigned to Licensee shall be treated by Licensee as private and confidential information of RouteMatch, and Licensee will not provide any third party with any Password or ID Numbers, including without limitation those assigned to Licensee, unless the third party has executed and delivered to Licensee and to RouteMatch a written agreement with Licensee wherein the third party acknowledges and agrees that (i) it or he will not use the ID Numbers or Password except as an independent contractor of Licensee's and solely for and on behalf of Licensee as permitted under the terms and conditions of this Agreemcnt; and, (ii) it will not access or attempt to access any data, information or other materials that may be on the System other than Licensee's Content. (2) develop web sites or Content, knowingly or unknowingly, which Licensee should have reason to believe that RouteMatch or its hosting partner would consider destructive in nature (i.e. agb>ressively capture CPU's, memory, and/or input/output to the point where it is seriously degrading performance of the Servcr and is inhibiting other RouteMatch customers' ability to use the HSP Services); or, (3) provide material which is, in the reasonable opinion of RouteMatch or its hosting partner, threatening or harassing, obscene or pornographic, profane, abusive, libelous, unlawful, discriminatory, ofTensive, or protected by trade secrets. RouteMatch and its hosting partner, if any, will be indemnified and held harmless by Licensee from any and all claims and actions, damages, costs, and expenses which arise solely in connection with End User's Content, or violation of these terms or of any HSP Policies subject to the limitations of section 768.28, Florida Statutes. RouteMatch and/or its hosting partner reserve the right to remove Content from its Server which RouteMatch or its hosting partner, in its reasonable discretion, detennines to be in violation of any HSP Policies if Licensee fails to cure or discontinue the brcach of any such policy within ten (10) days of receipt of written notice of such breach or violation. RouteMatch and hosting partner reserves the right to modify these HSP Policies at any time, provided that they will not be or become effective as to Licensee until the revised policy is delivered in writing to Licensee. B. Content. Licensee will provide and maintain all of its own Content to be stored on the Server. Content will be provided in a "server-ready" condition, which is a form requiring no 2 . --.----.- ,_.__.-._.,. '._-----'...-.,. -, ~'.__._"__ _"_'__,~__M..'__'_,_ 161:\ 7 additional manipulation on RouteMatch or its hosting partner's part, unless specifically set forth in and agreed to in writing signed by RouteMatch. C. Access to the Server. Licensee is responsible for providing, operating and maintaining access to the internet necessary to link its computer and/or network to the Server and the System except and to the extent otherwise provided in writing signed by RouteMatch. D. Access EaUloment. Unless otherwise provided in this Agreement, Licensee must provide all telephone, computer, hardware and software equipment and services necessary to access the Server and System. E. SUDoort of Licensee's Own Network and Content. Licensee is responsible for resolving troubles within its own localized network unless otherwise provided for in a writing signed by RouteMatch. Unless otherwise provided for herein, Licensee is responsible for all trouble resolution services with regard to the Content itself unless the trouble arises from or is related to problems with the Server itself orthe Software. F. Data. At any time and in writing Licensee can request a disk containing its data in an acceptable format at the cost of $150 per hour. G. Hardware Reauirements. Licensee is responsible for providing the necessary hardware and software required for the software to function. The requirements are listed below. . WORKSTATIONS . Operating System: RouteMatch application will at all times remain compliant with WinXP and Win7 desktop operating systems . Processor: Pentium 4- 2.8GHz, Intel Dual Core, AMD Athlon 2800+ (or higher) . Memory: 1.0GB . Video Card: 128MB (or larger) . Network Card: 10011000 MB . 19" LCD Monitor . Sound Card & Speakers . UPS Battery Backup/Surge Protection . Anti-Virus Software . NETWORK CONFIGURATION . High Speed Internet Access (DSL, Cable, Tl) . 100/1000 MB Network using switches (no hubs) . TCP/IP Protocol (no NetBEUI, IPX, or AppleTalk) . Network attached Laser Printer Please note: The network must be configured properly by an onsite network technician to ensure reasonable responsiveness before RouteMatch conducts the software installation at the Licensee's site. If you require assistance with Network Services, please contact RouteMatch at 404-876-5160 or at our hotline number 1- 888-840-8791, or send an emai1 to sales((i1routematch.com. 3 _.~."',,-----_. . ,--- .-~_. 16A 7 HI. HOSTING SERVICE PROVIDER FEES: HSP Services as set forth above shall begin when the Software is made available to Licensee on thc Systcm (as det1ned herein) and shall continue for a period of twelve (12) months thereafter (the "Initial Term"'); provided that the paJ1ies obligations hereunder shall be automatically extended for additional twelvc (12) month periods (each a "Renewal Term") unless either party provides the othcr with at least sixty (60) days notice of non-renewal as providcd for in this Agreement. Thc Software shall be considered "available" once RouteMatch has installed the Software on the Server and provided Licensee with valid usernames and passwords which enable Licensee to access the Software ovcr thc internet using a computer which mcets the System Requirements set forth below. Annual Hosting Service Fees: Year 1: $5.880 Licensee shall pay one hundred (100%) of all annual hosting servicc fees when the Software has been installed in the centrally hosted server and Licensee has received user names and passwords which enablc cach user to access the Software. Licensee shall pay fees for all subsequent ycars of Ilosting Services upon the anniversary of the Initial Hosting Term. RouteMatch may increase HSP Services Fees in an amount equal to the Consumer Price Index in each term after thc Initial Term, with sixty (60) days advance notice to Licensee. IV. ADDITIONAL CUSTOMER SUPPORT SERVICES AND FEES I. U pgrade. RouteMatch shall upgrade Licensee from the current 3.0 version of the RouteMatch TS@ Softwarc that it is running to RouteMatch 5,x, 2. Post-Implementation Support. RouteMatch shall provide Licensee up to two (2) days of onsite Professional Services following the upgradc. Such services shall include follow up analysis and training based upon a revicw of Licensee's use of the upgraded Software in real operations. 3. Fees: The Customer Support Fces set forth in the Customcr Support Agreement are hereby amended as follows: Licensee has paid fees for 2010 Customer Support, which Support will last through the last day of February, 2011. Licensee shall bc invoiced $19,500 on March 1, 2011 for its 2011 Customer Support fccs. The annual increasc for maintenance cost shall be the CPI or 20/0, whichever is lo\ver. V. DATA BACKUP AND n:ES RouteMatch will provide data back-up and encryption services as set forth below: RouteMatch will crcate a script on its sitc to enablc Licensee's data to bc backed up and encrypted, Every morning at the start of Liccnsce's business day, RouteMatch shall take a full back-up and will do incremcntal hourly backups into thc same t1Ie, Every evening, RouteMatch shall put that day's all-inclusive back-up file on RouteMatch's FTP site. 4 ~'-"--""'----'--^'.- -- '''''''-'''~_'~-~'''_''''''''--'--'-''---''--~'~''''_.'-''.,._.,'''-".__.__._~.~,'"'~'._-----,-,.~.~,--~-,,,_..~.--- 16A 7 Fees for Data Back-Up Professional Services: $880 for creating and contlguring a script to perform backup and encryption. These fees shall be paid by Licensee upon delivery of the Professional Services. All other terms and conditions of the Original Agreement and the Customer Support Agreement shall remain in force as originally written. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date tlrst above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT ~.BR.~,perk COLLLER COUNTY, FLORIDA ., -f , ' h JL' . ("~\)(\.i --:' .. _t'o .. \./\./ By: By: , , -; ,;. ,..DE ERK FRED W. COYLE, CHAIRMAN Atttst .~' to,; . ItplW't OIl. ~ -- Scott R. Teac Deputy County Attorney 5 w.' "._.__..,_..,"_,"_,_~~.",,_,_".._ "~__.'o.'_O~'_____.'.~_".~ "-"'--'..~'"'--'---'---" --------- 16A 7 ROUTEMATCH SOFTWARE, INe. Ot~ A.~ . 4tt ':PS-2::'->- By. /) _ < First Witness Signature CAp....vZc-.Q... A. 8 tV'-\' By: Elizabeth B. Simons, Director of Contracts Type/print witness name tli00 \, Cl' dJ)l Second Witness S-u V \. (,to fY/A. V1~ Type/print witness name 6 .,_.~---------_.__._----_.."-_.- c......_~_._"..". ^.....,~, ~__._._.,...._,.__._._ "_'_""_M~~_.,._.__~_ 16A 7 EXHIBIT "A" Service Level Agreement (SLA) RouteMatch Remote Hosting and Collier County CAT A Service Level Agreement (SLA) is a contract between a service provider and a customer that specifies, in Measureable terms, the services the provider will deliver to the customer. SLA's are provided by service provider to establish the quality of service they will provide the customer. Agree on services to be provided ~ Collier IT Provide support to CAT county Provide basic operating system, desktop virus protection, common application support (outlook, office) as outlined in IT support documents Collier IT Provide network infrastructure Provide CAT fiber network access and connectivity during county at Radio Rd location with business hours support and uptime requirements as outlined in IT -- -.-... -- support documents -- RouteMatch Provide and support Citrix access RouteMatch to deliver, maintain icon application to access and keep current the Citrix RouteMatch Remote Hosted access application with Collier Service desktop Operating system WinXP and Win7 and beyond RouteMatch Provide RouteMatch Application RouteMatch will maintain and Database as Remote Service application and database to to Collier County CAT Client current software manufacturers , , support levels , Collier CAT Maintain business continuity Maintain functioning manual SOP to execute when internet processes should network access access fails locally be compromised for duration of i time RouteMatch I Provide Collier County Database RouteMatch can generate db I backup nightly, incremental if backup in (1) hour cost $150. I i requested. Delivered ftp or CD _,,,_,. _',_'~'_'_~"."~.'M_.'_,'___~__,__'_<"""__"_'_'_"_ -.._"--.~-=-~---~- -...--^--_._-, ., ,"-',-.-.>-.-"--," 16A, 7 Specify response time for problem resolution, performance levels, system availability, and responsiveness Issue Response Responsible Escalation point (at Time(timeframe to Resource(who will be specific duration expect resource to responsible to provide point escalation will start addressing solution, Collier IT, be made to Name and issue RouteMatch, contact Number Name and Number Internet failure local Two (2) hours Phone Support 8am Noon, Gary Kendall , Tracking Ticket II 1pm to 5pm est Supervisor Service 239-252-8888 Desk 239-252-6217 Local Desktop failure Two (2) hours Phone Support 8am Noon, Gary Kendall , Tracking Ticket II 1pm to 5pm est Supervisor Service 239-252-8888 Desk 239-252-6217 RouteMatch Citrix failure Two (2) hours Phone Support 8am-Spm Cindy Carson, est Customer Support Manager, 404-253-7806 RouteMatch login failure Two (2) hours Phone Support 8am-Spm Cindy Carson, est Customer Support Manager, 404-253-7806 RouteMatch app failure Two (2) hours Phone Support 8am-5pm Cindy Carson, est Customer Support I' """M.,," "' !."",, Manager, 404-253-7806 --- Two (2) hours Phone Support 8am-5pm Cindy Carson, est Customer Support Manager, 404-253-7806 After hours RM support One (1) hour Fees listed Exhibit B main Cindy Carson, contract Customer Support Manager, 404-253- 7806 RouteMatch Maintenance Upon Notification Collier Maintenance Mon-Friday llpm to 6am est Sat-Sun 6pm to 6am est After hours Collier Report issue web Secure Tracking Ticket II , Gary Kendall, or phone iT Best Effort Supervisor Service Desk 239-252-6217 ,,_, __..._ r.____..~__.._,_~__~"._...._.__.____________.._.._..~__.,__,,-"__."__',~_"'_.'_ '-~'-----+-'-'---"~'-'----'-'--'--~ .. 16A 7 Set quality assurance measurements --- -- Component Owner Measurement Collier CAT desktop security and Collier IT Operating System and Virus virus protection Protection maintained current as per Collier IT Policy Collier Fiber Network Collier IT Uptime expected 24/7/36S maintenance windows announced ahead of maintenance RouteMatch Citrix failure RouteMatch Per HSP Hosting Service (2). System availability (99% uptime) (24)hrs per day, (7) days week, (36S) per year RouteMatch login failure RouteMatch Per HSP Hosting Service (2). System availability (99% uptime) I , (24)hrs per day, (7) days week, (365) per year RouteMatch app failure RouteMatch Per H5P Hosting Service (2). System availability (99% uptime) (24)hrs per day, (7) days week, (36S) per year RouteMatch DB failure RouteMatch Per HSP Hosting Service (2). System availability (99% uptime) (24)hrs per day, (7) days week, (365) per year "___".~,~__"___W_"__"_ _~___._ "_,_ "",,~,_,~,____,,_",'_~".' .___' .... ___~"~_,_,_,_;;____,,_~,"_<_,~___,_,~_~"_"O"___~~'.,._,.~._.