Okaloosa County BOCC — November 4, 2014 — TIG Contract — reading text

CONTRACT & LEASE INTERNAL COORDINATION SHEET FINAL CONTRACT/LEASE FOR REVIEW Contract/Lease Number: Tracking Number: _ Grant Funded: YES__- NO_>< Contractor/Lessee Name: __/ LG Purpose Co fiiene Cenoul | fiacatenance Date/Term: 5 i w)J- Dnt Yo Londarele 1. Jl GREATER THAN $50,000 Amount: $33, S91. 79 2. BA GREATER THAN $25,000 Department; — 3. L] $25,000 or Less Dept. Monitor Name: Van der sel Document has been reviewed and includes any attachments or exhibits. Purchasing Review Date: 9 Ort Putcha sing Direttoror Designee Joanne Kublik Risk Management Review Approved as written: wa _— Date: \O- aIHy Risk Mbnager or designee . ray Godwin or Krystal King County Attorney Review Approved as written: ed Date:_ tO Je [4 Counthattormey GreBayy T. Stewart or Lynn Hoshihara 7 Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager AGREEMENT BETWEEN TECHNOLOGY INTERGRATION GROUP (TIG) AND OKALOOSA COUNTY, FLORIDA FOR SOFTWARE RENEWAL AND SUPPORT This Agreement made and entered into October 1, 2014, by and between Okaloosa County, Florida, a political subdivision of the State of Florida (the “County”) and Technology Integration Group (the “Contractor’”) for the provision of license renewal and renewal of software assurance and support. WITNESSETH: WHEREAS, the COUNTY has determined that software assurance and support and license renewals are a required component of the COUNTY’S Information Systems infrastructure; and WHEREAS, the COUNTY has determined that the CONTRACTOR has the professional knowledge and expertise to perform this necessary service; and WHEREAS, the COUNTY seeks to engage the CONTRACTOR for the purposes of providing these services. NOW THEREFORE, in consideration of the above and the mutual covenants contained herein, the parties agree as follows: ARTICLE I: RECITALS J.1 The above recitals are incorporated as essential terms of this Agreement. ARTICLE I: SCOPE OF SERVICES 2.1 The CONTRACTOR shall provide software assurance and support services as well as license renewal services for all departments governed by Okaloosa County Board of County Commissioners as well as Constitutional Officers within Okaloosa County. The specific services to be provided by the CONTRACTOR are listed in Quotes 105805-1, 105817-1 and 105815-1, which are hereby incorporated as essential terms of this Agreement. 2.2 The CONTRACTOR shall provide manufacturer support and software upgrades for SWA Mitel Communications as well as SWA Nupoint. ARTICLE III: COMPENSATION AND INVOICES 3.1 Itis mutually agreed and understood that payments to the CONTRACTOR for approved services shall be made only upon submission to the COUNTY on original invoices. 3.2 The CONTRACTOR shall charge for services based on Quotes 105805-1, 105817 -1 and 105815-1. 10-20-14P01:53 RCVD ARTICLE IV: TERM OF AGREEMENT 4.1 This Agreement shall be effective on October 1, 2014 and shall remain in effect for three (3) years. The parties may mutually agree to a total of two (2) one-year renewals. Such renewal of this Agreement shall be in writing and executed and approved by the COUNTY and the CONTRACTOR. 4.2. Termination of Agreement. Either party may terminate this Agreement by giving 60 day written notice of their intent to terminate. ARTICLE V: INSURANCE 5.1 CONTRACTOR agrees to the insurance requirements outlined in the attached General Services Insurance Requirements, which is hereby incorporated as essential terms of this Agreement. 5.2 CONTRACTOR shall provide a Certificate of Insurance to the COUNTY. ARTICLE VI: SPECIAL CONDITIONS 6.1 CONTRACTOR agrees to the COUNTY’S Special Conditions as outlined in or attached to this Agreement. Required documents shall be completed by the CONTRACTOR and returned to the COUNTY’S representative: Okaloosa County Purchasing ATTN: Joanne Kublik 602-C North Pearl Street Crestview, FL 32536 jkublik@co.okaloosa.fl.us 850-689-5960 6.2 This Agreement consists of the following documents: Quotes 105805-1, 105817 -1 and 105815-1; General Services Insurance Requirements; Indemnification and Hold Harmless; Company Data; Drug-Free Workplace Certification; and Federal E-Verify Compliance Certification. mm OO wD ARTICLE VII: AMENDMENT 7.1 This Agreement may be amended, in writing, by the mutual consent of the parties. ARTICLE VIII: ATTORNEYS FEES 8.1 Ifany legal action is brought by either party relating to this Agreement, the prevailing party will be entitled to reimbursement by the other party of its reasonable attorneys’ fees and costs. ARTICLE IX: GOVERNING LAW AND VENUE 9.1 This Agreement shall be interpreted in accordance with the laws of the State of Florida without regard to its principles of conflicts of laws. Venue for any legal proceedings arising out of this Agreement shall be in Okaloosa County, Florida. ARTICLE X: REPRESENTATIVES The authorized representative of the COUNTY shall be: Don Vanderhoek, Director Okaloosa County Information Systems 1804 Lewis Turner Blvd. Fort Walton Beach, FL 32547 850-651-7570 dvanderhoek@co.okaloosa.fl.us The authorized representative of the CONTRACTOR shall be: Nigel Los, Branch Manager Technology Integration Group 417 Racetrack Rd., Suite E Ft. Walton Beach, FL 32547 850-439-0900 X1610 Nigel .Los@tig.com All notices required by this Agreement shall be in writing to the representative listed above with a courtesy copy to the following: Joanne Kublik Contracts & Leases Coordinator Okaloosa County Purchasing Department 602 C North Pearl Street Crestview, FL 32536 850-689-5960 Email: jkublik@co.okaloosa.fl.us IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first hereinabove written. OKALOOSA COUNTY, FLORIDA Print Name: Title: TECHNOLOGY INTERGRATION GROUP Veamecete_ Print Name: Tom Janecek Title: Chief Financial Officer Witnesses: Signature Re Ace ‘ Sy kel he Prin eo (Vol iny C Ake ud fp Signature } st lt be VELL Print Name GENERAL SERVICES INSURANCE REQUIREMENTS REVISED: 09/22/14 CONTRACTOR’S INSURANCE 1 The CONTRACTOR shall not commence any work in connection with this Agreement until he has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Manager or designee, All insurance policies shall be with insurers licensed to do business in the State of Florida. All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance, The County of Okaloosa shall be listed as Additional Insured by policy endorsement on all insurance contracts applicable to this Agreement except Workers’ Compensation and Professional Liability. The County of Okalocsa shall be furnished proof of coverage by certificates of insurance (COI) and endorsements for every applicable insurance contract required by this Agreement. The COI’s and policy endorsements must be delivered to the County Representative not less than ten (10) days prior to the commencement of any and all contractual agreements between the County of Okaloosa and the CONTRACTOR. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60-day notice to the CONTRACTOR. The insurance definition of Insured or Additional Insured shall include Subcontractor, Sub-subcontractor, and any associated or subsidiary companies of the CONTRACTOR, which are involved, and which is a part of the contract. 10. 1. 1. The County reserves the right at any time to require the CONTRACTOR to provide certified copies of any insurance policies to document the insurance coverage specified in this Agreement. The designation of CONTRACTOR shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the Workers’ Compensation coverage. All policies shall be written so that the County will be notified of cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such cancellation or amendment. Such notice shall be given directly to the County Representative. WORKERS’ COMPENSATION INSURANCE The CONTRACTOR shall secure and maintain during the life of this agreement Workers’ Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County of Okaloosa, the CONTRACTOR shall require the Subcontractor similarly to provide Workers’ Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished the County of Okaloosa not less than ten (10) days prior to the commencement of any and all sub- contractual agreements which have been approved by the County of Okaloosa. Such insurance shall comply with the Florida Workers’ Compensation Law. No class of employee, including the CONTRACTOR himself, shall be excluded from the Workers’ Compensation insurance coverage. The Workers’ Compensation insurance shall also include Employer’s Liability coverage. BUSINESS AUTOMOBILE AND COMMERCIAL GENERAL LIABILITY INSURANCE The CONTRACTOR shall maintain Business Automobile Liability insurance coverage throughout the life of this Agreement. The insurance shall include Owned, Non-owned & Hired Motor Vehicle coverage. The CONTRACTOR shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. The coverage shall include both On-and Off-Premises Operations, Contractual Liability, and Broad Form Property Damage. 3. All liability insurance (other than Professional Liability) shall be written on an occurrence basis and shall not be written on a claim-made basis, If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the Limits of Liability, the CONTRACTOR shall notify the County representative in writing, The CONTRACTOR shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. 4, Commercial General Liability coverage shall be endorsed to include the following: 1.) Premises — Operation Liability 2.) Occurrence Bodily Injury and Property Damage Liability 3.) Independent CONTRACTOR’: Liability 4.) Completed Operations and Products Liability 5. CONTRACTOR shall agree to keep in continuous force Commercial General Liability coverage including Completed Operations and Products Liability for two (2) years beyond acceptance of project. LIMITS OF LIABILITY The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer's liability with limits as prescribed in this contract: | | LIMIT 1. Worker’s Compensation 1) State Statutory 2.) Employer’s Liability $100,000 each accident 2. Business Automobile & Commercial $1,000,000 each occurrence