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HomeMy WebLinkAbout2023-275-E-IT Dept- MCCi-Laserfiche software annual maintenance and technical support (for Clerk’s office)Revised 04/23 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 22nd day of June 2023 by and between ORANGE COUNTY (hereinafter referred to as “County”) and MCCi, LLC (hereinafter referred to as “Provider”). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated 12/22/2021 (hereinafter the “Original Agreement”), for the provision of services for software maintenance and technical support for the Laserfiche application; and WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. In order to ensure the completion of the Services identified in the term of the Original Agreement is amended to reflect an end date by which all Services shall be completed of 8/1/2026 2. Attachment B to the Original Agreement is amended by adding the following tasks and services to the Services to be provided by the Consultant: Renewal of licensing and technical support for Laserfiche software modules used by the Clerk to the Board of County Commissioners. 3. Article 5, Section a is amended to reflect a maximum payable not-to-exceed amount of $61,024.05 ($14,847.80 (original contract) + $46,076.25 (amendment) over 3 years billed annually). 4. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original Agreement and the terms of this Amendment, this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY PROVIDER ______________________________ __________________________________ Bonnie Hammersley Donny Barstow County Manager President & CEO DocuSign Envelope ID: F5C4B2B3-2447-4725-ACB3-C2DE03A15778 6/23/20236/28/2023 Revised 04/23 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: MCCi, LLC Vendor Contact Person: Donny Barstow Phone: 850-701-0725 Address: 3717 Apalachee Parkway Suite 201 City Tallahassee State: FL Zip: 32311 Department: IT Amount: $46,076.25 (over 3 years) Purpose: Laserfiche software annual maintenance and technical support (for Clerk’s office) Budget Code(s): 10315020-625010 Vendor # 60777 Vendor Status with NCSOS: Active - Current Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: 12/22/2021) (Most Recent Amendment N/A) Effective Date 06/22/2023 End Date 08/01/2026 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Jim Northrup Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer ___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: F5C4B2B3-2447-4725-ACB3-C2DE03A15778 6/27/2023 6/27/2023 6/28/2023 6/28/2023 Revised 04/23 DocuSign Envelope ID: F5C4B2B3-2447-4725-ACB3-C2DE03A15778 LASERFICHE ANNUAL SUPPORT RENEWAL Order - MLA version 2021.08 Page 1 of 7 Quote 27914 (the “Order”) is entered into as of _________________, (“Order Effective Date”), by and between MCCi and Client and is hereby incorporated into the Master Agreement and made a part thereof. If there is any conflict between a provision of the Master Agreement and this Order, the Master Agreement will control. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Master Agreement. This Order supersedes any previous quote or proposals received. IN WITNESS WHEREOF, the Parties hereto have caused this Order to be executed by their respective duly authorized representatives as of the Order Effective Date. MCCi, LLC (“MCCi”) ORANGE COUNTY (“Client”) Signed: __________________________ Signed: ___________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________ DocuSign Envelope ID: F5C4B2B3-2447-4725-ACB3-C2DE03A15778 Order - MLA version 2021.08 Page 2 of 7 PRICING: LASERFICHE SUPPORT RENEWAL 3717 Apalachee Parkway, Suite 201 Bill /Ship to: Sonia Ensenat Tallahassee, FL 32311 sensenat@orangecountync.gov 850.701.0725 cc AP Contact: sensenat@orangecountync.gov 850.564.7496 fax Client Name: Orange County Quote Date: June 19, 2023 Subscription Term: 08/02/2023-08/01/2026 Order Number: 27914 Order Type: Annual Support Renewal Product Description: Qty. Unit Cost* Annual Total ANNUAL SUPPORT/SUBSCRIPTION  Managed Support Services 1 $1,386.00 $1,386.00  Laserfiche Avante Unlimited Public Portal for Dual Processor Machine 1 $10,818.15 $10,818.15  Laserfiche Avante Server for MS SQL with Workflow 1 $1,081.82 $1,081.82  Laserfiche Avante Records Management Module 1 $1,298.18 $1,298.18  Laserfiche Avante ScanConnect (Legacy) 2 $35.70 $71.40  Laserfiche Avante Starter Audit Trail 5 $10.82 $54.10  Laserfiche Avante Named Full User with Snapshot and Email 5 $108.18 $540.90  Laserfiche Avante Web Client 5 $21.64 $108.20 INITIAL GRAND TOTAL - RECURRING ANNUAL SUPPORT/SUBSCRIPTION (08/02/2023 - 08/01/2024) $15,358.75 GRAND TOTAL - RECURRING ANNUAL SUPPORT/SUBSCRIPTION (08/02/2024-08/01/2025) $15,358.75 GRAND TOTAL - RECURRING ANNUAL SUPPORT/SUBSCRIPTION (08/02/2025-08/01/2026) $15,358.75 *Product Unit Cost reflects cost for the duration of Subscription Term. All Quotes Expire 30 Days from Quote Date This is NOT an invoice. Please use this confirmation to initiate your purchasing process. RECURRING SERVICES The Recurring Services portion of this Order will be based on the pricing at the time of renewal. It will systematically renew unless written notice of termination has been provided per the master agreement. In the event that a manufacturer increases its prices for recurring annual services, the increase will be passed along to the Client. No more than once per year, MCCi may adjust its recurring annual services (services not related to 3rd party manufacturers) to coincide with current U.S. inflation rates; any increase will not exceed the cumulative increase in DocuSign Envelope ID: F5C4B2B3-2447-4725-ACB3-C2DE03A15778 Order - MLA version 2021.08 Page 3 of 7 the Consumer Price Index (CPI) occurring since the last price increase. Please note that if you subscribe to volume - based solutions, additional user licenses may increase the cost of those items at the time of your next annual renewal. SALES TAX Sales tax will be invoiced where applicable and is not included in the fee quote above. DocuSign Envelope ID: F5C4B2B3-2447-4725-ACB3-C2DE03A15778 Order - MLA version 2021.08 Page 4 of 7 BILLING TERMS MCCi will invoice Client as follows: Product/Service Description Timing of Billing All Software, Recurring Annual Support/Subscription, and Supplemental Support Services ▪ Initial Sale: Upon Receipt of Order ▪ Annual Renewal: 75 days in advance of expiration date MCCi shall not send any invoices nor claim payment for any fees or expenses incurred by MCCi until both parties authorize this Order. Sales tax will be invoiced where applicable and is NOT included in the Pricing section. DocuSign Envelope ID: F5C4B2B3-2447-4725-ACB3-C2DE03A15778 Order - MLA version 2021.08 Page 5 of 7 MCCi ASSUMPTIONS TECHNICAL SUPPORT Clients may contact MCCi support via MCCi’s Online Support Center, email (support@mccinnovations.com), or telephone 866-942-0464. Support is available Monday through Friday (excluding major holidays) from 8 am to 8 pm Eastern Time. RETURN POLICY Any product returns are subject to the manufacturer’s return policy. LIMITED LIABILITY If the Master Agreement is silent on each Parties’ limited liability, liability is limited to the amount of dollars received by MCCi directly associated with this Order. PRE-EXISTING INTELLECTUAL PROPERTY (IP) The following products noted below are deemed Pre-existing IP as defined in the Master Agreement and are not considered “Works Made for Hire” and as such all rights, title or interest remains with MCCi. Client shall retain a non- exclusive, royalty-free, world-wide, perpetual license to use the product(s) as such product(s) is integrated into the solution purchased by Client. ▪ Laserfiche PowerPack by MCCi ▪ Laserfiche EnerGov Integration by MCCi ▪ Laserfiche Neogov Integration by MCCi ▪ GoFiche Suite for Avante/Rio/Subscription ▪ Common Web Service API for Laserfiche CLIENT SOLUTION CUSTOMIZATIONS Client may also choose to customize their system internally without MCCi’s help. MCCi is not responsible for any damage caused by the user’s customization of the system not performed by MCCi. MCCi will not be held responsible for correcting any problems that may occur from these customizations. Routine updates as provided by software manufacturers may affect any customizations made by entities other than MCCi. If MCCi’s help is required to correct/update any customizations made by any entity other than MCCi, appropriate charges will apply. CLIENT INFORMATION TECHNOLOGY ASSISTANCE For MCCi to excel in providing the highest level of service, Client must provide timely access to technical resources. Client must provide adequate technical support for all MCCi installation and support services. If Client does not have “in-house” technical support, it is Client’s responsibility to make available the appropriate Information Technology resources/consultant when needed. DocuSign Envelope ID: F5C4B2B3-2447-4725-ACB3-C2DE03A15778 Order - MLA version 2021.08 Page 6 of 7 LASERFICHE ASSUMPTIONS The following assumptions are current as of the date of order. Manufacturer’s terms and conditions are subject to change. LASERFICHE END USER LICENSE AGREEMENT (EULA) By accepting this Order, Client acknowledges Laserfiche’s EULA and agrees to abide by its terms and absolve MCCi of any Laserfiche product-related liability. LASERFICHE SOFTWARE SUPPORT PLAN MCCi acts as first-tier support and works with Laserfiche, who would provide second-tier level support when needed. Laserfiche software support plans are applicable to actively supported perpetual software and are bundled with on - premises Subscription and Cloud systems. All software support plans are on a yearly subscription basis and accompany the applicable software product designed, developed, created, written, owned, or licensed by Laserfiche. On-premises Subscription and Cloud system subscribers are advised to export data from their Laserfiche system prior to cancellation or any other termination. ACTIVE LASERFICHE SOFTWARE SUPPORT PLAN BENEFITS INCLUDE: ▪ Easy remote access to MCCi’s team of Laserfiche Gold Certified Support Technicians ▪ Access to new product update versions and hotfixes ▪ Software credit eligibility for product upgrades, as determined by Laserfiche’s then current policy ▪ Continued access to Client’s Laserfiche solution* * Specific to Laserfiche Cloud and Laserfiche on-premises Subscription licensed Clients POLICIES ▪ To receive periodic product updates for a Laserfiche Software Solution, its associated software support plan must be purchased and maintained throughout the software term. ▪ All software support plan subscriptions are annual, prepaid and non -refundable ▪ The annual term start date for new systems is established by Laserfiche at the time MCCi submits an order to Laserfiche on Client’s behalf. ▪ For platform upgrades, software and support credit eligibility is determined by Laserfiche’s then current policy. To receive any available software or support credit, Client’s support plan must be active (i.e., support plan has not expired) ▪ For expansion purchases, the applicable service period is prorated to match Client’s existing or future service period, which is dependent on Laserfiche’s then current policy and the timin g of the expansion order vs. the Client’s annual service period renewal date (i.e., prorating for less than four months may not be permittable due to the timing of renewal invoicing.) LATE PAYMENTS ▪ If payment is not received before Client’s renewal date, Client’s Laserfiche software support plan expires. Please allow up to five (5) business days after receipt of payment for MCCi to process renewal payment to Laserfiche. ▪ Impact of Expiration: ▪ Client will be able to access MCCi Support Technicians for 30 days post expiration. However, if there are support issues that require Laserfiche involvement, these issues cannot be resolved until Client’s support is renewed. ▪ Perpetual software support plan: Access to the Laserfiche support website and Laserfiche technicians will no longer be available until MCCi receives Client’s renewal payment and processes payment to Laserfiche. DocuSign Envelope ID: F5C4B2B3-2447-4725-ACB3-C2DE03A15778 Order - MLA version 2021.08 Page 7 of 7 ▪ Laserfiche on-premises Subscription or Laserfiche Cloud: Access to Client’s Laserfiche solution will be turned off after 30 days and Client’s access to the Laserfiche support website, and Laserfiche technicians will no longer be available until MCCi receives Client’s renewal payment and processes payment to Laserfiche. Laserfiche on - premises Subscription Clients must reactivate the on-premises Subscription system following payment of the software support plan renewal to ensure uninterrupted usage. ▪ Reinstatement Fees: In order to receive uninterrupted support for perpetual on-premises Laserfiche Software Solutions, Client must maintain a software support plan for the term of the Laserfiche Software Solution. In the event that Client’s software support plan is expired for more than 45 days, the plan will need to be reinstated. Reinstatements reset the annual date of the software support plan, and the cost includes one year of the software support plan in addition to the Reinstatement Fee. The Reinstatement Fee is a 10% markup on the lapsed value of the software support plan. The Reinstatement Fee includes the number of days lapsed since your software support plan expired. INTEGRATIONS Third-party Laserfiche integrations or utilities may consume one (1) or more Laserfiche user licenses depending on how the vendor designed and coded the integration. These additional licensing needs should be verified by Client and considered in the user licensing purchased. LASERFICHE SOLUTION PROVIDER OF RECORD As Client’s current Solution Provider of Record, Laserfiche’s policy dictates that MCCi is the only Laserfiche Solution Provider that has access to Client’s support account, along with the ability to download software licenses and activations, process subscription renewals and initiate additional purchases on Client’s behalf. Unless Client decides to cancel Client’s contract with MCCi or work with Laserfiche to formally change Client’s Laserfiche Solution Provider of Record, future purchases and subscription renewals will be processed and provided by MCCi. DocuSign Envelope ID: F5C4B2B3-2447-4725-ACB3-C2DE03A15778 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: PHONE( A/C, No, Ext): FAX A/C, No): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:XXXXXXX INSRLTR TYPE OF INSURANCE ADDLINSD SUBRWVD POLICY NUMBER POLICY EFF( MM/DD/YYYY) POLICY EXP( MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC OTHER: EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT( Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE( Per accident) EACH OCCURRENCE AGGREGATE E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOSONLYHIRED AUTOS ONLY SCHEDULED AUTOSNON-OWNED AUTOS ONLY UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PERSTATUTE OTH- ER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Lockton Insurance Brokers, LLC 777 S. Figueroa Street, 52nd Fl. CA License #0F15767 Los Angeles CA 90017 213) 689-0065 MCCi, LLC 3717 Apalachee Parkway Tallahassee FL 32311 MCCIL01 12/1/2023 11/29/2022 1456427 X X X Comp. Ded. $100 1,000,000 XXXXXXX XXXXXXX XXXXXXX Coll. Ded.1,000 X X X 10,000 5,000,000 5,000,000 X X X 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 Tech E&O/Cyber Liability Limit: $5,000,000 SIR: $50,000 N X 1,000,000 1,000,000 1,000,000 American Casualty Company of Reading, PA 20427 The Continental Insurance Company 35289 Travelers Property Casualty Co of America 25674 Valley Forge Insurance Company 20508 B 6072067343 12/01/2022 12/01/2023 A 6072067360 12/01/2022 12/01/2023 D ZPL-5IN599A-22-I5 12/01/2022 12/01/2023 C 6072067357 12/01/2022 12/01/2023 C 6072067326 (AOS)12/01/2022 12/01/2023C6079501170 (CA)12/01/2022 12/01/2023 See Attachment THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DocuSign Envelope ID: F5C4B2B3-2447-4725-ACB3-C2DE03A15778 Lockton Insurance Brokers, LLC License #0F15767 777 S Figueroa Street, 52nd Fl / Los Angeles, CA 90017-5524 213-689-0065 / FAX: 213-689-0550 lockton.com To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance, thus, this is your final hard-copy delivery. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID [|Holder Id|]. Email: PacificeDelivery@lockton.com Phone: (213) 689-2300 If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox and phone number below are for automating electronic delivery of certificates only. Please do NOT send future certificate requests to the above inbox or call into the number below. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Insurance Brokers, LLC - Pacific Series Attachment Code : D567517 Master ID: 1456427 mailto:PacificeDelivery@l ockton.com DocuSign Envelope ID: F5C4B2B3-2447-4725-ACB3-C2DE03A15778