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#11-5617 Amendment #1 (Sarasota County) 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 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 I i I 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 -,,'t' a? COLLIER COUNTY, FLORIDA ■ - . ." Pakcycl-- ic- By: .1-11- LA). C,71t »- Date: �t'T 4 (2-' Fred W. Coyle, Chairman a/. AttostAS to CM 1 1 4 ' , tire 0414 Apo . 1 as • • m and leg-4C11 ency: Jeffr_ \ ' atzkow Count ' orney Witness: Licensor: Print Name: SARASOTA COUNTY Signed By: By: County Administrator Date: Date: ATTEST: Approved as to form and correctness: BY: COUNTY ATTORNEY Page 3 of 3