Backup Documents 06/22/2010 Item #16C 4°vC4
MEMORANDUM
Date: July 20, 2010
To: Dianna Perryman, Contract Specialist
Purchasing Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Amendment No. 2 to Contract #2000 -3113
Contractor: Harris Computer Corporation
Attached please find a copy of the contract document referenced above,
(Item #16C4) approved by the Board of County Commissioners June 22, 2010.
The original contract will be held in the Minutes and Record's Department for the
Board's Official Record.
If you have any questions, please feel free to contact me at 252 -8406.
Thank you.
Attachment (1)
ITEM NO.: `0 `WL— N\ao(p
FILE NO.:
ROUTED TO:
C 4
I'tbATE RECEIVED:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: July 15, 2010
To: Office of the County Attorney
Attention: Jennifer White
From: Dianna Perryman, Contract Specialise
Purchasing Department, Extension 42
Administrative Services Division
Re: 00 -3113 "Department of utility Billing Services Integrated Software System"
BACKGROUND OF REQUEST:
This item has not been previously submitted.
ACTION REQUESTED:
Please review and sign for legal sufficiency.
OTHER COMMENTS: I attached your original signature page
for back up only. This item was approved at the June 22, 2010,
BCC meeting; Item 16.C.4. Please send to Commissioners
office for signature.
Thank you.
cc: Teresa Riesen, Revenue Manager
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I 9.
EXHIBIT A -2 Contract Amendment No. 2 10 n�
00 -3113 "Department of Utility Billing Services Integrated Software System" 0
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 400 -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 I erms 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.
ATTEST:
Corporate Secretary /Witness
By: _
Dated:
ATTEST:
DWIGHT E. BROCK, CLERK
, DEPUTY CLERK
Firm
Harris Computer Corporation
Approval for form and legal Sufficiency:
-
Jennifer' White
Assistant County Attorney
By:
Title:
Dated:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
FRED W. COYL.E, CHAIRMAN
Exhibit A2 -A
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16C4
EXHIBIT A -2 Contract Amendment No. 2
00 -3113 "Department of Utility Billing Services Integrated Software System"
This amendment, dated June 2,1- , 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.
Dated: � - ( r
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Harris£aii►puter Corporation
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Chairman FRED` CoYt_E
Approved as to form and
Legal su ci cy:
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Exhibit A2 -A
Supplemental Terms and Conditions
Definitions
16C4
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 -13.
1.2. Hosting 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. Hosting 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 IWEB 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 S,, sue. "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 IWeb 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 IWeb 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
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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. Project 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 System 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 defined 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.
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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 (I" ) 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:
$ .445 per mile
Breakfast:
$ 6.00
Lunch:
$11.00
Dinner:
$19.00
Airfare:
Actual ticket cost limited to tourist or coach class fare
Rental car:
Actual rental cost limited to compact or standard -size
vehicles
Lodging:
Actual cost of lodging at single occupancy rate with a
cap of no more than $150.00 per night at single
occupancy rate
Parking:
Actual cost of 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. Payments: 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 Government Prompt Payment Act."
15. Access to the Hosted System: 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
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week, subject to scheduled and unscheduled periods of non - availability as described in
Section 15.1 and 15.2 below.
15.1. Hosted System Availability: 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 System 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 of the 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
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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 voicemail
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 CPI index as
published on April first (Is' ) 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
PCI 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. Warranty: 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 IWEB MS
specifications and other applicable documentation. OTHER THAN AS EXPRESSLY SET
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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 shall 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. Liquidated 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 total 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 Security 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.
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Exhibit A2 -B 16C4
IWEB MS Software Functions
The IWEB MS software must perform the following functions:
I. 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 Inhance system.
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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.
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Exhibit A2 -D
Data Security
ACKNOWLEDGMENT OF ACCESS TO INFORMATION 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
information 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.
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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.
PAYMENT 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 (PCI DSS) Version 1.2, including Appendix A for Hosting Providers, by a qualified
security assessor (QSA) and approved scanning vendor (ASV), 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
(PABP) certified. This certification ensures that the application is compatible with PCI
requirements. Information about PABP validation is available from Visa at:
(http: / /usa.visa.com merchants /risk management /cisp 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.
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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 of law.
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Exhibit A2 -E
Fees
IWEB MS License
$5,000.00
Annual Maintenance Fee
$1,000.00
Implementation Services: Reskinning
$6,750.00
Implementation Services: Bill presentment
$11,250.00
Implementation 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
transactions
$1.00 per transaction
InHance Iweb Back -up web payment services - on time fee
Annual maintenance fee
$ 3000.00
$ 400.00
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