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Agenda 06/22/2010 Item #16C 4 Agenda Item No. 16C4 June 22, 2010 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve Amendment No. 2 to the Harris Computer Corporation contract at an approximate cost of $31,000 to implement IWEB, a web-based credit card payment application hosted on a third party, Payment Card Industry-compliant website that will be linked directly to the Collier County Water-Sewer District's InHance billing system. OBJECTIVE: To implement IWEB, a web-based credit card payment application hosted on a third party, Payment Card Industry (PCI) compliant website that will be linked directly to the Collier County Water-Sewer District's InHance billing system. CONSIDERATIONS: The Collier County Water-Sewer District (CCWSD) currently accepts credit card payments via the internet utilizing software written in a programming language that can no longer operate on the current IT platform. Also, the current system does not meet Payment Card Industry Data Security Standards (PC I DSS - commonly referred to as PCI compliance). PCI compliance is the basic component securing the customer's personal credit card information, and the final component of the IdentifY Theft Prevention Program required by the Federal Trade Commission. The Board of County Commissioners approved the CCWSD's Identity Theft Prevention Program on April 28, 2009, agenda item l6C2. To provide maximum security, IWEB will be hosted by a third party; Transaction Warehouse. Transaction Warehouse is partnered with the Harris Computer Corporation. Harris Computer is the vendor that owns the inHance billing system. Exhibit E of Amendment No.2 includes the fee schedule to implement and upgrade Iweb in the amount of$3I,000 as follows: Activity Cost Licensing $ 5,000 Implementation (3-days of onsite support) $21,600 Redundancv Backup System $ 3,400 Annual Maintenance $ 1,000 Aporoximate Total $31,000 On-going transaction costs are dependent on the number of credit card payments received. The CCWSD averages 3,700 internet credit card payment transactions a month, with a cumulative dollar value of approximately $447,500. Below are the transaction costs by each monthly credit card volume threshold. Monthlv Credit Card Volume Transaction Cost >3000 $ .60 1000-3000 $ .80 <1000 $1.00 - Agenda Item No. 16C4 June 22, 2010 Page 2 of 17 The annual maintenance fees are $1,400. Based on Amendment No.2 to the Harris Computer Corporation contract, any department within the County Manager's Agency that wishes to accept credit card payments can enter into an agreement directly with Transaction Warehouse for third party hosting on a PCI compliant website at the same rate of $0.60 per transaction. Advantages to IWEB . PC1-DSS compliant. . Secure site for customers to enter personal credit card information. · When the CCWSD offers Electronic Bill Presentment (E-bill) later this fiscal year, IWEB will provide a secure credit card payment environment. . Credit card payments are approved or denied at the time of the transaction, while checks sent to the lock-box carry the risk oflater being rejected for non-sufficient funds (NSF). NSF transactions create negative impacts on resources, causing staff to expend time reversing payments, correlating with Finance, communicating with the customer and posting NSF fees to the account. FISCAL IMP ACT: Initial implementation costs of approximately $31,000 are available in the CCWSD Operating Capital Funds 412 and 414. The budget for these expenses is available in project 70882, (412-2735]2-763100-70882), County Water Capital Project, Customer Service/Billing Software Enhancements. On-going transaction fees are available in the CCWSD Operating Fund 408. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient-JBW. RECOMMENDATION: Approve Amendment No.2 to the Harris Computer Corporation contract at an approximate cost of $31,000 to implement IWEB, a web-based credit card payment application hosted on a third party, Payment Card Industry compliant web site, that will be linked directly to the Collier County Water-Scwer District's InHance billing system. PREPARED BY: Teresa A. Riesen, Revenue Manager, Public Utilities Division, Utility Billing and Customer Service Agenda Item No. 16C4 June 22, 2010 Page 3 of 17 EXHIBIT A-2 Contract Amendment No.2 00-3113 "Department of Utility Billing Services Integrated Software System" This amendment, dated June ,2010 to the referenced agreement shall be by and between the parties to the original agreement, Harris Computer Corporation, (to be referred to as "Harris") and County, Florida, (to be referred to as "County"). RE: Contract #00-3113 "Department of Utility Billing Service Integrated Software System" In order to continue the services provided for in the original Contract document referenced above, Harris agrees to amend the above referenced Contract to provide IWEB MS software and Hosting services as described in Exhibit A2-A "Supplemental Terms and Conditions", Exhibit A2-B, "IWEB MS Software Functions", Exhibit A2-C "Implementation Services", Exhibit A2-D "Data Security" and Exhibit A2-E "Fees", attached herein and incorporated by reference. All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, Harris and County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. Firm H~~ 1f:i~ i:Z/~M:-7U-1k'~_r 6//~~/~ ATTEST: Corporate Secretary/Witness By: Dated: By: Title: Dated: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, CHAIRMAN , DEPUTY CLERK Approval for form and legal Sufficiency: ~ 'fI>~ \...-r. Jennifer . White Assistant County Attorney Exhibit A2-A Page 1 of 13 Agenda Item No. 16C4 June 22, 2010 Page 4 of 17 Exhibit A2-A Supplemental Terms and Conditions 1. Definitions 1.1. IWEB MS. "IWEB MS" is defined as the computer code and programs, including related data files, rules, parameters, and documents licensed to County. IWEB MS shall perform the functions defined in Exhibit A2-B. 1.2. Hostinl! Environment. "Hosting Environment" is defined as the hardware, software, and Internet connections on which the IWEB MS software will be operated and accessible to County and County's customers via the Internet. 1.3. Customer. "Customer" is defined as any customer of County. 1.4. Hostinl! Services. "Hosting Services" is defined as the services required to enable Customers to access and operate the IWEB MS software in the Hosting Environment. 1.5. Subcontractor. "Subcontractor" is defined as "Transaction Warehouse" that will provide the Hosting Environment, the lWEB MS software, Hosting Services, and maintenance of the Hosting Environment, IWEB MS software, and Hosting Services. 1.6. Implementation Services. "Implementation Services" are the services defined in Exhibit A2-C. Harris or Subcontractor shall provide the Implementation Services to County. 1.7. Hosted Svstem. "Hosted System" is defined as the Hosted Services, Hosting Environment, IWEB MS, and Implementation Services. 1.8. Inhance. "Inhance" is the utility billing system that County utilizes to bill customers. The IWEB MS system will interact with the Inhance system to obtain customer account information. 2. Harris Responsibilities: Harris will provide the lWeb MS license, products and services as defined in this amendment either directly to County or through a subcontractor. Harris shall be responsible for the performance of all products, services and subcontractors. In the event Harris subcontractor fails to perform any required service within the amendment, Harris shall at no additional cost to County provide a substantially similar Hosted System that is acceptable to the County within twenty four (24) hours. Harris will provide the lWeb MS license, products and services as defined in this amendment either directly to County or through a subcontractor. Harris shall be responsible for the performance of all products, services and subcontractors. In the event Harris subcontractor fails to perform any required service within the amendment, the County can activate and make use of a copy of Harris' InHance Iweb service. Harris will implement Iweb as a backup web payment service for a one-time cost of $3000 and annual service of $400. The application will be installed and tested as part of this agreement's implementation services. The application portion of the module will be installed by Harris on the County's web server of Page 2 of 13 Agenda Item No. 16C4 June 22, 2010 Page 5 of 17 choice. The payment processing portion of the module will be hosted by a PA-DSS certified gateway that will allow the transactions to be processed via the existing merchant agreement with 5/3'd Bank. County agrees to submit test transactions as frequently as it deems necessary to ensure that this alternate application is available to process transactions should subcontractor fail to perform required service. 3. IWEB MS License: Harris will provide the County with unlimited license access to a hosted version of IWEB MS and Harris grants to County and County hereby accepts a non- exclusive, non-transferable license to use the IWEB MS Software in the Hosted Environment during the License Term. 4. IWEB MS License Term: The license granted herein shall commence upon execution of this Agreement and shall remain in effect until County ceases using the IWEB MS Software or termination. If the IWEB MS software module is terminated by the County, Harris agrees to submit all invoices to the project manager within thirty (30) days of receipt of the notice to terminate. 5. Ownership: The parties acknowledge that Subcontractor is the sole owner of the IWEB MS software and that Harris has acquired the right to license the IWEB MS software to County. County does not acquire any rights, title or ownership interests express or implied, in the IWEB MS Software other than the licenses granted herein. 6. Proiect Schedule: Within fourteen (14) days after execution of this Amendment, both parties will develop a mutually agreed upon project schedule ("Project Schedule") for the implementation of the Hosted System. Any modification to the project schedule shall be mutually agreed upon in writing by Harris and the County project manager or his designee. 7. Modifications to Amendment: This Amendment contains the entire understanding between the parties and any modifications to this Amendment shall be mutually agreed upon in writing by Harris and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 8. Implementation Services Specifications: Harris shall provide County with a detailed description of the services to be performed and written specifications for the Bill Presentation and IWEB MS Design Skin services ("Implementation Services Specifications") defined in Exhibit A2-C. Harris shall not perform the Implementation Services until County has approved the Implementation Services Specifications in writing. 9. Hosted Svstem Acceptance Testing: Harris shall provide services defined in Exhibit A2-B "I Web Software Functions" and Exhibit A2-C "Implementation Services Specifications" and make the Hosted System functional and available for County's intended use. Harris shall notifY the County in writing when the Hosted System is ready for acceptance testing. Within forty five (45) days from receiving written notification from Harris, County shall test the Hosted System to verify that it performs the functions as defmed in this Amendment. By the end of the forty five day testing period, County will either (i) notify Harris in writing that the Hosted System is accepted "Acceptance"); or (ii) notify Harris in writing that the Hosted System is not accepted. Page 3 of 13 Agenda Item No. 16C4 June 22, 2010 Page 6 of 17 9.1 If County notifies Harris in writing or verbally that the Hosted System is not accepted, County will provide a list of the errors. After notification of non-acceptance, Harris shall have fourteen (14) days to cure the Hosted System errors to satisfy the acceptance testing. The revised Hosted System shall be retested in the same manner as described above in this section 9.0. 10. Transaction Fees: County will be charged transaction fees per Exhibit A2-E for all payment transactions entered directly by Customers through the Hosted System. County will not be charged transaction fees if a customer uses a credit balance on their account to make a payment. Transaction fees will not increase for two (2) years from the acceptance of the Hosted System. Subsequent year transaction fees shall be subject to an annual increase not to exceed the lesser of the following: an increase in transaction fees charged to all other customers of Harris or an increase equal to the CPI index for April first (1 st ) for the previous year as published. Over any two (2) year period, the cumulative increase in Transaction Fees shall not exceed seven (7) percent. 11. Implementation Services Fees: Harris shall provide the County with Implementation Services at the rate of one hundred fifty dollars ($150) per hour. On-site time shall be billed at the rate of one thousand two hundred dollars ($1,200) per eight (8) hour day, plus travel expenses. 12. Travel Expenses: Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage: Breakfast: Lunch: Dinner: Airfare: Rental car: $ .445 per mile $ 6.00 $11.00 $19.00 Actual ticket cost limited to tourist or coach class fare Actual rental cost limited to compact or standard-size vehicles Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night at single occupancy rate Actual cost of parking Lodging: Parking: 13. Invoicing: License and Annual Maintenance Fees shall be invoiced upon Acceptance. Service fees shall be invoiced monthly as incurred. Transaction Fees shall be invoiced monthly as incurred. Subsequent year Annual Maintenance Fees shall be invoiced annually in advance. Invoices for Transaction fees must be accompanied by a reconciliation report identifying the number of customer payment transactions processed by the Hosted System for the period to which the invoice applies. 14. Pavments: Payments will be made upon receipt of a proper invoice, upon approval by the County Contract Manager or his designee, and in compliance with Section 218.70, Florida Statutes, otherwise known as the "Local Govemment Prompt Payment Act." 15. Access to the Hosted Svstem: Harris shall provide secure unlimited access to the Hosted System for Customers. Such unlimited access shall be provided 24 hours per day, 7 days per Page 4 of 13 week, subject to scheduled and unscheduled periods Section 15.1 and 15.2 below. Agenda Item No. 16C4 June 22, 2010 Page 7 of 17 of non-availability as described in 15.1. Hosted Svstem Availabilitv: The Hosted System shall be available to Customers 24 hours per day, 7 days per week, subject to scheduled and unscheduled periods of non-availability as described in this section and section 15.2 below. Harris shall not be responsible for downtime due to County, or Customer's network infrastructure, or an Internet failure outside the control of Harris. If the IWEB MS software is not able to access the County Inhance system, Customers will not be able to access and view their account information or make payments using the Hosted System. In the event that the communication connection between the IWEB MS software and County's Inhance system is interrupted during the processing of a payment, but before the payment is complete (and therefore cannot be recorded to Inhance), the payment will be queued by IWEB MS and those payments will be automatically processed once communications with County's Inhance system are restored. If the system is unable to process payments due to communication problems within the County's network, it will be the County's responsibility to not assess (or, instead, to reverse) any late fees that would apply 15.2. Scheduled Downtime: Scheduled downtime shall not exceed three (3) hours in a calendar month without the prior written consent of the County. Scheduled downtime notices will be communicated to County's system administrator at least twenty four (24) hours in advance. County will have the ability to issue a notice on IWEB MS of the upcoming scheduled downtime. The downtime notice will be displayed for Customers when they access the IWEB MS system. If scheduled downtime interrupts scheduled payment processing, Harris will manually initiate the payment processing once scheduled downtime is completed. Harris shall make its best efforts to schedule downtime for off-hours and weekends. 15.3. Hosted Svstem Uptime: Uptime is defined as the percentage of total time that the Hosted System is either available or in scheduled downtime. The Hosted System shall be deemed available if inaccessibility is due to County's or Customer's network infrastructure, or an internet failure outside the control of Harris. Uptime is calculated as the sum of the available time plus scheduled downtime divided by the total time, then expressed as a percentage. Uptime is measured and calculated on a monthly basis. Harris guarantees that the uptime of the Hosted System shall be at least 99.0%, on a monthly basis (the "Guaranteed Uptime."). 16. Support Services: County shall provide support to Customers that use the Hosted System. Harris, either directly or through Subcontractor, shall provider support to County for the use ofthe Hosted System for as long as County uses the Hosted System at no cost. The primary mechanism for delivering this support shall be the Subcontractor's Call Center. The Call Center may be contacted by designated County representatives via telephone, (480) 889-0077. Call Center hours of operation are 8:00 a.m. to 8:00 p.m., Eastern Standard Time. Support services shall include, but not be limited to, the following: a) unlimited telephone support concerning the use of the Hosted System b) new releases and versions of the iWEB MS software c) upgrades to the Hosting Environment and Hosting Services d) correction of all errors in the Hosted System Page 5 of 13 Agenda Item No. 16C4 June 22, 2010 Page 8 of 17 e) updated documentation for the iWEB MS software which accurately reflects the changes in the release or new version of the iWEB MS software 16.1 Emergency Support Services: In the event of a catastrophic failure of the Hosted System or other event deemed by County to be a severe emergency outside the Call Center hours of operation, or if Call Center is unavailable during normal hours of operation, designated County representatives are to leave a detailed message on the Emergency Support voicemai( service so that appropriate Call Center staff may be alerted of the emergency and react in a timely manner. County will be contacted by Call Center within thirty (30) minutes of receipt of detailed message. 17. Annual Maintenance Fees: Harris shall make Support Services available to County for the annual fee ("Annual Maintenance Fees") as defined in Exhibit A2-E. Harris shall bill County for Annual Maintenance Fees upon Hosted System Acceptance. Annual Maintenance Fees shall not increase for two (2) years from the date of Hosted System Acceptance. Subsequent year's Annual Maintenance Fees shall be subject to an annual increase not to exceed the lesser of the following: an increase to the Annual Maintenance Fees that is charged to all other customers of Harris, or an increase equal to the cpr index as published on April first (1st) of that given year. Over any two (2) year period, the cumulative increase in the Annual Maintenance Fees shall not exceed seven (7) percent. 18. PCI Compliance: Harris warrants that the Hosted System shall be fully compliant with all PCl required processing and standards and per Exhibit A2-D. Every two (2) weeks, Harris will have the Hosted System scanned for non-compliance with the PCI standards. The resultant report will document potential issues and include information on how to correct any non-compliance. 19. ADA Compliance: Harris warrants that the Hosted System shall be in full compliance with all current ADA guidelines and requirements, including section 508 standards. If, at any time during the term of this Amendment, Harris is made aware that the Hosted System does not conform to the current ADA guidelines and requirements, Harris shall immediately correct such non-conformances at no additional charge to County. 20. Confidentiality: Harris acknowledges that all material and information supplied by County or Customer which has or will come into the possession or knowledge of Harris in connection with Harris' performance is to be considered County, or Customer's confidential and proprietary information, disclosure of which information to or use by third parties will be damaging or which disclosure may be prohibited by law. Harris agrees to hold such material and information in strictest confidence, not to make use of it other than for performance as defined in this Amendment, to release it only to Harris employees requiring such information, and not to release or disclose it to any other party or otherwise violate applicable law with respect to any disclosure of information. Confidentiality of information contained in this agreement is subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat. 21. Warrantv: Harris represents and warrants that it will provide the Hosted System in a manner consistent with general industry standards reasonably applicable to the provision thereof, and that the Hosted System shall perform substantially in accordance with the lWEB MS specifications and other applicable documentation. OTHER THAN AS EXPRESSLY SET Page 6 of 13 Agenda Item No. 16C4 June 22, 2010 Page 9 of 17 FORTH HEREIN, HARRIS MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, EQUIPMENT, OR SERVICES PROVIDED HEREUNDER, OR ANY MODIFICATION, REVISIONS, OR DERIVATIVE WORKS OF THE SOFTWARE OR DOCUMENTATION. 22. Limitation on Liability: The limitations of liability in the original Agreement s.hall apply to this Amendment. Notwithstanding the foregoing, except for damages arising out of (a) Harris's indemnification obligations, (b) Harris's or Harris's Subcontractor's breach of confidentiality of County's data or Customer's data, or (c) Harris's intentional misrepresentation, gross negligence or willful misconduct, both parties agree that Harris's liability (under breach of contract, negligence or otherwise), if any, for any damages relating to this amendment, shall not exceed the fees paid to Harris by the County for transaction fees, license fees and implementation service fees during the twelve month period immediately preceding the claim. In addition, the County's liability is subject to the limitations set forth in Section 768.28, Florida Statues. 23. Liouidated Damages: County and Harris recognize that, since time is of the essence for this Agreement, County will suffer financial loss if Harris fails to comply with the Guaranteed Uptime as defined section 15.3. In such event, the tot.a1 amount of County's damages will be difficult, if not impossible, to definitely ascertain and quantify. Should Harris fail to comply with the Guaranteed Uptime, the County shall be entitled to assess, as liquidated damages, but not as a penalty, for each month that Harris does not satisfy the Guaranteed Uptime, the lesser of the following amounts: a. Two thousand dollars ($2,000.00), or b. The amount of Transaction Fees that were payable by the County to Harris during the most recent month in which Harris complied with the Guaranteed Uptime. Harris hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the County's actual damages at the time of contracting if Harris fails to comply with the Guaranteed Uptime. 24. Execution of Data Securitv Document: Harris agrees that Harris, and all subcontractors of Harris that will be providing services to the County, shall be required to execute the Data Security document attached to this amendment as Exhibit A2-D. Harris and their subcontractors may not begin providing services to the County under the terms of this amendment until the Data Security document has been executed and delivered to the County. Page 7 of 13 Exhibit Al-B Agenda Item No. 16C4 June 22, 2010 Page 10 of 17 IWEB MS Software Functions The [WEB MS software must perform the following functions: 1. Allow Customers to login to the IWEB MS system using their Inhance account number and personal identification number (PIN). 2. Allow Customers to change their PIN numbers. 3. Allow Customers to access their Inhance account information and display their account balances and history. 4. Allow Customers to enroll in automatic direct debit payment of their utility bills. The system will allow the entry of the required bank information by the Customer. The IWEB MS system will automatically update the Inhance system with the direct debit payment information. 5. Interface with information from County's bill print outsourcing company ("Outsourcing Company") to display a Customer's past 13 months of bills, allow the customer to select any past bill or bills and print the selected bill or bills. 6. Allow the Customer to make a payment against the Customer's account using either a credit card or bank account information. 7. Interface with County's credit card authorization company to process credit card payments and receive the authorization or denial of the payments. 8. Allow the Customer to print a receipt for their payment. 9. Create a file of all Customer payment transactions. The file will be used to update the accounts in the [nhance system. Page 8 of 13 Agenda Item No. 16C4 June 22, 2010 Page 11 of 17 Exhibit A2-C Implementation Services Implementation Services must include, but not be limited to, the following: 1. Hosted System - Services to make fully operational. 2. Bill Presentment: Bill Presentment is an IWEB MS feature that will be customized by Harris to allow Customer bill history to be displayed, and allow the Customer to select bills to be printed. The bill history information and the pdf file representation of the Customer bills will be provided to IWEB MS by the Outsourcing Company. Harris will develop a custom add-on that subscribes to a web service from the Outsourcing Company. The custom add-on will allow the Customer accessing the IWEB MS system to request to view their bill history and select bills to print. The custom add-on will obtain the Customer bill information from the Outsourcing Company's system and present the information to the Customer through the IWEB MS system. 3. IWEB MS Design Skin: The IWEB MS design skin will be customized so that it has the same "look and feel" of the current County web page. Page 9 ofl3 Exhibit A2-D Data Security Agenda Item No. 16C4 June 22,2010 Page 12 of 17 ACKNOWLEDGMENT OF ACCESS TO INFORMA nON CHARACTERIZED AS COVERED DATA Harris and their subcontractor acknowledges that its contract with County may allow Harris or their subcontractor access to confidential County information including, but not limited to, personal information, financial information notwithstanding the manner in which or from whom it is received by Harris or their Subcontractor ("Covered Data") which is subject to state laws that restrict the use and disclosure of such information. Harris and their subcontractor further acknowledges the applicability to this Agreement of Federal privacy laws such as the Gramm- Leach-Bliley Act (Title 15, United States Code, Sections 6801 (b) and 6805(b )(2)) applicable to financial transactions and the Family Educational Rights and Privacy Act (Title20). Harris and their subcontractor shall maintain the privacy of, and shall not release, Covered Data without full compliance with all applicable state and federal laws, County policies, and the provisions of this Agreement. Harris and their subcontractor agrees that it will include all of the terms and conditions contained in this attachment in all subcontractor or agency contracts providing services under this Agreement. PROHIBITION ON UNAUTHORIZED USE OR DISCLOSURE OF COVERED DATA AND INFORMATION Harris and their subcontractor agree to hold Covered Data received from or created on behalf of County in strictest confidence. Harris or their subcontractor shall not use or disclose Covered Data except as permitted or required by the Agreement or as otherwise authorized in writing by County. If required by a court of competent jurisdiction or an administrative body to disclose Covered Data, Harris will notifY County in writing prior to any such disclosure in order to give County an opportunity to oppose any such disclosure. Any work using, or transmission or storage of, Covered Data outside the United States is subject to prior written authorization by the County. SAFEGUARD STANDARD Harris and their Subcontractor agrees that it will protect the Covered Data according to commercially acceptable standards and no less rigorously than it protects its own confidential infonnation but in no case less than reasonable care. Harris shall develop, implement, maintain and use appropriate administrative, technical and physical security measures, which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Covered Data. RETURN OR DESTRUCTION OF COVERED DATA AND INFORMATION Upon termination, cancellation, expiration or other conclusion of the Agreement, Harris shall return the Covered Data to County Utility Billing Department unless County requests that such data be destroyed. This provision shall also apply to all Covered Data that is in the possession of subcontractor or agents of Harris. Harris shall complete such return or destruction not less than thirty (30) days after the conclusion of this Agreement. Within such thirty (30) day period, Harris shall certify in writing to County that such return or destruction has been completed. Page 10 of 13 Agenda Item No. 16C4 June 22, 2010 Page 13 of 17 REPORTING OF UNAUTHORIZED DISCLOSURES OR MISUSE OF COVERED DATA AND INFORMATION Harris shall report, either orally or in writing, to County any use or disclosure of Covered Data not authorized by this Agreement or in writing by County, including any reasonable belief that an unauthorized individual has accessed Covered Data. Harris shall make the report to County immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after Harris reasonably believes there has been such unauthorized use or disclosure. Harris's report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) the County Covered Data used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Harris has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Harris has taken or shall take to prevent future similar unauthorized use or disclosure. Harris shall provide such other information, including a written report, as reasonably requested by County. EXAMINATION OF RECORDS County shall have access to and the right to examine any pertinent books, documents, papers, and records of Harris or their subcontractor involving transactions and work related to this Agreement until the expiration of five (5) years after final payment hereunder. Harris or their subcontractor shall retain project records for a period of five (5) years from the date of final payment. PA YMENT CARD INDUSTRY DATA SECURITY STANDARDS (PCI DSS) AND PABP COMPLIANCE This article applies to Harris with access to County credit cardholder data or sensitive authentication data as defined by the Payment Card Industry Data Security Standard (PCI DSS). Harris is currently certified to be in compliance with the Payment Card Industry Data Security Standard (PC I DSS) Version 1.2, including Appendix A for Hosting Providers, by a qualified security assessor (QSA) and approved scanning vendor (AS V), as applicable. Any changes in Harris's certification require prompt written notification to County. Harris agrees to continue to meet all PCI DSS requirements and to validate that compliance annually according to the credit card industry rules, which include but are not limited to the PCI Security Standards Council's PCI Data Security Standard. Harris will also provide written evidence of this compliance to County annually. If applicable, Harris agrees that their electronic check processing functionality will comply with the appropriate NACHA- The Electronic Payment Association provisions. Applications purchased from a third party that will be used by a Merchant to store, process or transmit sensitive cardholder data must be Payment Application Best Practices (P ABP) certified. This certification ensures that the application is compatible with PCI requirements. Information about P ABP validation is available from Visa at: (http://usa.visa.com/merchants/risk managementlcisp payment applications.html). ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS Harris shall make itself, and any employees, subcontractor, or agents assisting Harris in the performance of its obligations under the Agreement, available to County at no cost to County to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings against County, its directors, officers, agents or employees based upon claimed violation of laws relating to security and privacy and arising out of this agreement. Page 11 of 13 Agenda Item No. 16C4 June 22, 2010 Page 14 of 17 NO THIRD-PARTY RIGHTS Nothing in this Agreement is intended to make any person or entity who is not signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation oflaw. Page 12 of 13 Agenda Item No. 16C4 June 22, 2010 Page 15 of 17 Exhibit A2-E Fees IWEB MS License $5,000.00 Annual Maintenance Fee $1,000.00 Implementation Services: Reskinning $6,750.00 Implementation Services: B ill presentment $11 ,250.00 Im~lementation Services: Installation and implementation $1,200.00 per 8 hour day Transaction Fees for monthly volume over 3,000 transactions $0.60 per transaction Transaction Fees for monthly volume of 1,000 to 3,000 transactions $0.80 per transaction Transaction Fees for monthly volume of less than 1,000 $1.00 per transaction transactions InHance Iweb Back-up web payment services - on time fee $ 3000.00 Annual maintenance fee $ 400.00 Page 13 of13 Agenda Item No. 16C4 June 22, 2010 Page 16 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C4 Meeting Date: Recommendation to approve Amendment No.2 to the Harris Computer Corporation contract at an approximate cost of $31 ,000 to implement IWEB, a web-based credit card payment application hosted on a third party, Payment Card Industry-compliant website that will be linked directly to the Collier County Water-Sewer Districts InHance billing system. 6/22/2010900:00 AM Prepa red By Teresa Riesen Manager ~ Revenue Date Public Utilities Division Utilities Finance Operations 6/3/20102:15:15 PM Approved By Teresa Riesen Manager. Revenue Date Public Utilities Division Utilities Finance Operations 6/9/20107:34 AM Approved By Joseph Bellone Manager. Utility Billing & Cust Serv. Date Public Utilities Division Utilities Finance Operations 6/9/20107:47 AM Approved By Barry Axelrod Director - Information Technology Date Administrative Services Division Information Technology 6/9/20108:18 AM Approved By Dianna Perryman Administrative Services Division Contracts Specialist Date Purchasing & General Services 5/9/20108:39 AM Approved By Steve Carnell Director - Purchasing/General Services Date Administrative Services Division Purchasing & General Services 6/9/201010:58 AM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 5/9/2010 11 :14 AM Approved By Thomas Wides Director. Operations Support M PUD Date Public Utilities Division Utilities Finance Operations 6/10/20108:02 AM Approved By James W. Delany Public Utilities Division Administrator Date Agenda Item No. 16C4 June 22, 2010 Page 17 of 17 Public Utilities Division Public Utilities Division 5/10/2010 9:09 AM Approved By Jeff Klatzkow County Attorney Date 6/10/20109:46 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 5/10120101:32 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 5/14/201010:47 AM