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HomeMy WebLinkAbout22- Addendum 5 - MCCi, LLC - Laserfiche ExpansionADDENDUM NO. 5 TO MASTER SERVICES AGREEMENT NO. 60994 LASERFICHE EXPANSION ORDER Addendum No. 5 to Master Services Agreement No. 60994 Page 1 of 7 Pursuant to Master Services Agreement No. 60994 ("Agreement"): This Laserfiche Expansion Order, designated as Addendum No. 5 is entered into as of _________________, (“Addendum Effective Date”), by and between MCCi and Client and is hereby incorporated into the Agreement and made a part thereof. If there is any conflict between a provision of the Agreement and this Addendum, the Agreement will control. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. This Order supersedes any previous quote or proposals received. IN WITNESS WHEREOF, the Parties hereto have caused this Addendum No. 5 to be executed by their respective duly authorized representatives as of the Addendum Effective Date. MCCi, LLC CITY OF BOZEMAN (“Client”) Signed: __________________________ Signed: ___________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________ DocuSign Envelope ID: DE222501-B479-4DD1-890E-63623177A0FB President & CEO 9/19/2022 Donny Barstow City Clerk Mike Maas 9/19/2022 9/19/2022 Addendum No. 5 to Master Services Agreement No. 60994 Page 2 of 7 PRICING: LASERFICHE EXPANSION 3717 Apalachee Parkway, Suite 201 Bill /Ship to: Mike Maas Tallahassee, FL 32311 mmaas@bozeman.net 850.701.0725 cc AP Contact: mmaas@bozeman.net 850.564.7496 fax Client Name: City of Bozeman Quote Date: September 15, 2022 Client Address: PO Box 1230, Bozeman, MT 59771 Quote Number: 25139 Order Type: Expansion Product Description: Qty. Unit Cost Total CONTENT SERVICES SOFTWARE LICENSING FOR AVANTE  Laserfiche Avante Import Agent 1 $1,495.00 $1,495.00 Laserfiche Software Subtotal $1,495.00 GRAND TOTAL - ONE-TIME SOFTWARE $1,495.00 Product Description: Qty. Unit Cost Annual Total LASERFICHE ANNUAL SOFTWARE SUPPORT - BASIC  Laserfiche Avante Import Agent 1 $409.50 $409.50 Laserfiche Annual Recurring Software Support Subtotal $409.50 GRAND TOTAL - RECURRING ANNUAL SUPPORT/SUBSCRIPTION $409.50  Laserfiche Recurring Annual Support Proration for 14 Months $68.25 TOTAL LASERFICHE PROJECT COST $1,972.75 **Client will Use Supplemental Support Hours to Install and Configure Software** 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: DE222501-B479-4DD1-890E-63623177A0FB Addendum No. 5 to Master Services Agreement No. 60994 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: DE222501-B479-4DD1-890E-63623177A0FB Addendum No. 5 to Master Services Agreement No. 60994 Page 4 of 7 PRODUCT ORDER TERMS MCCi will process Product Orders as follows: Product/Service Description Timing of Product Order All Software, Recurring Annual Support/Subscription, and Supplemental Support Services Within 30 days of receipt of Order The act of MCCi processing orders determines the start date of annual Recurring Service periods. Establishment of start dates for 3rd party manufacturer products are subject to each manufacturer’s current policy. 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 delivery of software or activation of the subscription ▪ 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: DE222501-B479-4DD1-890E-63623177A0FB Addendum No. 5 to Master Services Agreement No. 60994 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) is 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 damages 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 to 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: DE222501-B479-4DD1-890E-63623177A0FB Addendum No. 5 to Master Services Agreement No. 60994 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 timing 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: DE222501-B479-4DD1-890E-63623177A0FB Addendum No. 5 to Master Services Agreement No. 60994 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: DE222501-B479-4DD1-890E-63623177A0FB Certificate Of Completion Envelope Id: DE222501B4794DD1890E63623177A0FB Status: Completed Subject: Please DocuSign: Addendum 5 to MSA 60994 - City of Bozeman - 25139 (FINAL).pdf Source Envelope: Document Pages: 7 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 69.145.83.100 Record Tracking Status: Original 9/19/2022 11:37:11 AM Holder: Mike Maas Mmaas@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bozeman Location: DocuSign Signer Events Signature Timestamp Donny Barstow dwb@mccinnovations.com President & CEO Mcci Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 65.140.1.154 Sent: 9/19/2022 11:39:03 AM Viewed: 9/19/2022 12:37:54 PM Signed: 9/19/2022 12:38:26 PM Electronic Record and Signature Disclosure: Accepted: 9/19/2022 12:37:54 PM ID: 1a343e54-7459-446e-aed9-fc390857350e Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 9/19/2022 12:38:28 PM Viewed: 9/19/2022 1:41:53 PM Signed: 9/19/2022 1:42:09 PM Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Taylor Chambers tchambers@bozeman.net Deputy City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Sent: 9/19/2022 1:42:10 PM Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Accepted: 3/24/2022 1:28:15 PM ID: 7770590b-35e8-4919-90d1-558ea0905ea5 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/19/2022 11:39:03 AM Certified Delivered Security Checked 9/19/2022 1:41:53 PM Signing Complete Security Checked 9/19/2022 1:42:09 PM Completed Security Checked 9/19/2022 1:42:10 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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