1-Hexagon-Maintenance Support Agreements.pdf
PDF 1 MB Posted
- Solicitation number
- SS-26-00108
- Issued by
- Hillsborough County, Florida
About this file
Summary
This document package comprises a software maintenance support agreement, renewal quote, and time-and-materials statement of work for Hillsborough County, Florida's Enterprise Asset Management (EAM) system renewal. The primary contract is a five-year renewal agreement with Hexagon Asset Lifecycle Intelligence (formerly Intergraph Corporation) for the continued licensing, maintenance, and support of the HxGN EAM software platform, effective January 9, 2026, through December 31, 2030. The agreement includes software maintenance support covering unlimited standard business hours support, 24/7 access to a solution knowledge base, web-based service request submission, and provision of software upgrades, fixes, and service packs. Additionally, Hexagon will provide consulting services on a time-and-materials basis to support advisory needs, configuration updates, knowledge transfer, project management, system integration assistance, and technical guidance related to the EAM platform implementation and use.
The total estimated contract value is $1,090,875.93, comprised of $885,877.93 for software maintenance support across five years and $204,998.00 for consulting services. Software maintenance support charges are invoiced annually in advance with payment due within thirty days, with pricing escalating annually from $157,555.44 in Year 1 to $195,614.81 in Year 5. Consulting services are billed on a time-and-materials basis at monthly intervals, with estimated annual hours of 225 hours in Years 1-4 and 228 hours in Year 5, utilizing labor levels ranging from $58 to $287 per hour depending on resource type and year. The contract specifies that Hexagon is the sole authorized provider of HxGN EAM software in the contiguous United States and possesses exclusive knowledge of the County's customized configuration and system architecture. All charges exclude sales tax, and the agreement is governed by Florida law with jurisdiction in Tampa, Florida.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 2-Sole source letter.pdf |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Customer ID
Bill To Cust
Bill To Address
: BOCC HILL/TAMPA US00239141
: BOCC, HILLSBOROUGH COUNTY FLORIDA
: PO BOX 1110
City/State/Zip
Country
Policy Number
PO Nbr
: TAMPA
: US
FL 33601
: ALI-25-11-7630
: RENEWAL QUOTE
Quote: 0000128611
Service Type : S/W ONLY
Quote Summary Information
HILLSBOROUGH COUNTY FACILITIES
DEPARTMENT
Period of Performance
Billed on the
Period is defined as
Previous Cust Code
Previous Contract #
: 01/09/2026 - 12/31/2030
: 1st Day of each period
: Every 12 Months
Total Contract Value : $ 885,877.93
* Totals are exclusive of sales tax. This is NOT AN INVOICE.
Quote: 0000128611 Offered By Hexagon ALI
By
Name
: Kelly Bergfalk
Accepted By
COMPANY
By
Name/Title
Hillsborough County, FL - BOCC
Email : kelly.bergfalk@hexagon.com
Address : 305 Intergraph Way
Madison, AL 35758
1.864.692.0275
Issue Date : 12/04/2025
POC/Phone :
POC Email :
Date :
Quotes are valid for 90 days from original date of issue. Quote acceptance after 90 days is at the discretion of Hexagon ALI, a division of Intergraph Corporation.
Hexagon ALI
Service Site : US00159615
Site Contact :
Contact Phone :
Email Address :
Service : 601 E. KENNEDY BLVD Address 23RD FLOOR
City/State/Zip
Country
: TAMPA
: US
FL 33602
Messages All services provided hereunder are subject to ALI's Maintenance Service Contract Terms & Conditions (T's & C's ) for software (DDCC550F0) unless other specific Terms & Conditions apply and are referenced in the Policy Number field. Copies of the applicable T's & C's may be obtained online at T's & C's. * Totals are exclusive of sales tax - This is NOT AN INVOICE. For coverage code explanations, refer to the last page.
O. Perez
12/17/2025 12/18/2025
12-29-2025 mailto:kelly.bergfalk@hexagon.com https://hexagonlegal.blob.core.windows.net/ali/CPQ%20T%26Cs/USA/Hexagon%20Software%20Maintenance%20Support%20Agreement%20DDCC550F0%2008_22.pdf
Customer ID: HILLSBORO/TAMPAService/Site Nbr: US00159615 Quote: 0000128611
Item Number Description QTY Mthly Price (ea.) Total Value Start Date End Date EAM00004 HxGN EAM Enterprise Edition for SQL Database NU 121 $ 48.08 $ 68,316.60 01/09/2026 12/31/2026 EAM00004 HxGN EAM Enterprise Edition for SQL Database NU 121 $ 50.50 $ 73,332.66 01/01/2027 12/31/2027 EAM00004 HxGN EAM Enterprise Edition for SQL Database NU 121 $ 53.03 $ 76,999.29 01/01/2028 12/31/2028 EAM00004 HxGN EAM Enterprise Edition for SQL Database NU 121 $ 55.68 $ 80,849.25 01/01/2029 12/31/2029 EAM00004 HxGN EAM Enterprise Edition for SQL Database NU 121 $ 58.47 $ 84,891.71 01/01/2030 12/31/2030 EAM00014 HxGN EAM Enterprise Edition Barcoding NU 8 $ 19.95 $ 1,873.92 01/09/2026 12/31/2026 EAM00014 HxGN EAM Enterprise Edition Barcoding NU 8 $ 19.95 $ 1,915.20 01/01/2027 12/31/2027 EAM00014 HxGN EAM Enterprise Edition Barcoding NU 8 $ 20.95 $ 2,010.96 01/01/2028 12/31/2028 EAM00014 HxGN EAM Enterprise Edition Barcoding NU 8 $ 22.00 $ 2,111.51 01/01/2029 12/31/2029 EAM00014 HxGN EAM Enterprise Edition Barcoding NU 8 $ 23.10 $ 2,217.08 01/01/2030 12/31/2030 EAM00016 HxGN EAM Enterprise Edition Advanced Reporting Author NU 5 $ 10.64 $ 624.60 01/09/2026 12/31/2026 EAM00016 HxGN EAM Enterprise Edition Advanced Reporting Author NU 5 $ 11.17 $ 670.11 01/01/2027 12/31/2027 EAM00016 HxGN EAM Enterprise Edition Advanced Reporting Author NU 5 $ 11.73 $ 703.61 01/01/2028 12/31/2028 EAM00016 HxGN EAM Enterprise Edition Advanced Reporting Author NU 5 $ 12.31 $ 738.79 01/01/2029 12/31/2029 EAM00016 HxGN EAM Enterprise Edition Advanced Reporting Author NU 5 $ 12.93 $ 775.73 01/01/2030 12/31/2030 EAM00019 HxGN EAM Enterprise Edition Advanced Reporting Consumer NU 116 $ 2.91 $ 3,967.20 01/09/2026 12/31/2026 EAM00019 HxGN EAM Enterprise Edition Advanced Reporting Consumer NU 116 $ 3.05 $ 4,241.67 01/01/2027 12/31/2027 EAM00019 HxGN EAM Enterprise Edition Advanced Reporting Consumer NU 116 $ 3.20 $ 4,453.75 01/01/2028 12/31/2028 EAM00019 HxGN EAM Enterprise Edition Advanced Reporting Consumer NU 116 $ 3.36 $ 4,676.44 01/01/2029 12/31/2029 EAM00019 HxGN EAM Enterprise Edition Advanced Reporting Consumer NU 116 $ 3.53 $ 4,910.26 01/01/2030 12/31/2030 EAM00022 HxGN EAM Enterprise Edition Customer Service Request (1,000 Users)
NU
1 $ 10.14 $ 119.04 01/09/2026 12/31/2026
EAM00022 HxGN EAM Enterprise Edition Customer Service Request (1,000 Users)
NU
1 $ 10.65 $ 127.74 01/01/2027 12/31/2027 EAM00022 HxGN EAM Enterprise Edition Customer Service Request (1,000 Users)
NU
1 $ 11.18 $ 134.13 01/01/2028 12/31/2028
EAM00022 HxGN EAM Enterprise Edition Customer Service Request (1,000 Users)
NU
1 $ 11.74 $ 140.83 01/01/2029 12/31/2029 EAM00022 HxGN EAM Enterprise Edition Customer Service Request (1,000 Users)
NU
1 $ 12.32 $ 147.87 01/01/2030 12/31/2030
EAM00030 HxGN EAM Enterprise Edition GIS Module DA 1 $ 506.69 $ 5,949.48 01/09/2026 12/31/2026 EAM00030 HxGN EAM Enterprise Edition GIS Module DA 1 $ 532.24 $ 6,386.91 01/01/2027 12/31/2027 EAM00030 HxGN EAM Enterprise Edition GIS Module DA 1 $ 558.85 $ 6,706.25 01/01/2028 12/31/2028 EAM00030 HxGN EAM Enterprise Edition GIS Module DA 1 $ 586.80 $ 7,041.56 01/01/2029 12/31/2029 EAM00030 HxGN EAM Enterprise Edition GIS Module DA 1 $ 616.14 $ 7,393.64 01/01/2030 12/31/2030 EAM00037 HxGN EAM Enterprise Edition Web Services Connector CNU 1 $ 48.29 $ 567.00 01/09/2026 12/31/2026 EAM00037 HxGN EAM Enterprise Edition Web Services Connector CNU 1 $ 50.72 $ 608.58 01/01/2027 12/31/2027 EAM00037 HxGN EAM Enterprise Edition Web Services Connector CNU 1 $ 53.25 $ 639.01 01/01/2028 12/31/2028 EAM00037 HxGN EAM Enterprise Edition Web Services Connector CNU 1 $ 55.91 $ 670.96 01/01/2029 12/31/2029
Summary Of Service Quote 0000128611
Page 2 of 6 Thursday, December 4 , 2025 13:37 PM Hexagon ALI
EAM00037 HxGN EAM Enterprise Edition Web Services Connector CNU 1 $ 58.71 $ 704.51 01/01/2030 12/31/2030 EAM00356 HxGN EAM Enterprise Edition Mobile DV 220 $ 29.47 $ 76,137.60 01/09/2026 12/31/2026 EAM00356 HxGN EAM Enterprise Edition Mobile DV 220 $ 30.95 $ 81,696.58 01/01/2027 12/31/2027 EAM00356 HxGN EAM Enterprise Edition Mobile DV 220 $ 32.49 $ 85,781.41 01/01/2028 12/31/2028 EAM00356 HxGN EAM Enterprise Edition Mobile DV 220 $ 34.12 $ 90,070.48 01/01/2029 12/31/2029 EAM00356 HxGN EAM Enterprise Edition Mobile DV 220 $ 35.82 $ 94,574.01 01/01/2030 12/31/2030 Grand Total : $ 885,877.93
Page 3 of 6 Thursday, December 4 , 2025 13:37 PM Hexagon ALI
Service Quote Detail LI Sts Item Number Description Serial Number Start Date End Date Coverage QTY Mthly Price Ext. Price Cancel
Flag 100 EAM00016 HxGN EAM Enterprise Edition Advanced
Reporting Author NU
110422A 01/09/2026 12/31/2026 PREM 5 $ 10.64 $ 624.60
200 EAM00019 HxGN EAM Enterprise Edition Advanced Reporting Consumer NU
110422B 01/09/2026 12/31/2026 PREM 116 $ 2.91 $ 3,967.20
600 EAM00022 HxGN EAM Enterprise Edition Customer Service Request (1,000 Users) NU
110422F 01/09/2026 12/31/2026 PREM 1 $ 10.14 $ 119.04
700 EAM00030 HxGN EAM Enterprise Edition GIS Module
DA
110422G 01/09/2026 12/31/2026 PREM 1 $ 506.69 $ 5,949.48
900 EAM00356 HxGN EAM Enterprise Edition Mobile DV 110422I 01/09/2026 12/31/2026 PREM 220 $ 29.47 $ 76,137.60
1200 EAM00004 HxGN EAM Enterprise Edition for SQL Database NU
110422L 01/09/2026 12/31/2026 PREM 121 $ 48.08 $ 68,316.60
1300 EAM00037 HxGN EAM Enterprise Edition Web Services Connector CNU
110422Z 01/09/2026 12/31/2026 PREM 1 $ 48.29 $ 567.00
1400 EAM00016 HxGN EAM Enterprise Edition Advanced Reporting Author NU
110422A 01/01/2027 12/31/2027 PREM 5 $ 11.17 $ 670.11
1500 EAM00019 HxGN EAM Enterprise Edition Advanced Reporting Consumer NU
110422B 01/01/2027 12/31/2027 PREM 116 $ 3.05 $ 4,241.67
1600 EAM00022 HxGN EAM Enterprise Edition Customer Service Request (1,000 Users) NU
110422F 01/01/2027 12/31/2027 PREM 1 $ 10.65 $ 127.74
1700 EAM00030 HxGN EAM Enterprise Edition GIS Module
DA
110422G 01/01/2027 12/31/2027 PREM 1 $ 532.24 $ 6,386.91
1800 EAM00356 HxGN EAM Enterprise Edition Mobile DV 110422I 01/01/2027 12/31/2027 PREM 220 $ 30.95 $ 81,696.58
1900 EAM00004 HxGN EAM Enterprise Edition for SQL Database NU
110422L 01/01/2027 12/31/2027 PREM 121 $ 50.50 $ 73,332.66
2000 EAM00037 HxGN EAM Enterprise Edition Web Services Connector CNU
110422Z 01/01/2027 12/31/2027 PREM 1 $ 50.72 $ 608.58
2100 EAM00016 HxGN EAM Enterprise Edition Advanced Reporting Author NU
110422A 01/01/2028 12/31/2028 PREM 5 $ 11.73 $ 703.61
2200 EAM00019 HxGN EAM Enterprise Edition Advanced Reporting Consumer NU
110422B 01/01/2028 12/31/2028 PREM 116 $ 3.20 $ 4,453.75
2300 EAM00022 HxGN EAM Enterprise Edition Customer Service Request (1,000 Users) NU
110422F 01/01/2028 12/31/2028 PREM 1 $ 11.18 $ 134.13
2400 EAM00030 HxGN EAM Enterprise Edition GIS Module
DA
110422G 01/01/2028 12/31/2028 PREM 1 $ 558.85 $ 6,706.25
2500 EAM00356 HxGN EAM Enterprise Edition Mobile DV 110422I 01/01/2028 12/31/2028 PREM 220 $ 32.49 $ 85,781.41
2600 EAM00004 HxGN EAM Enterprise Edition for SQL Database NU
110422L 01/01/2028 12/31/2028 PREM 121 $ 53.03 $ 76,999.29
2700 EAM00037 HxGN EAM Enterprise Edition Web Services Connector CNU
110422Z 01/01/2028 12/31/2028 PREM 1 $ 53.25 $ 639.01
2800 EAM00016 HxGN EAM Enterprise Edition Advanced Reporting Author NU
110422A 01/01/2029 12/31/2029 PREM 5 $ 12.31 $ 738.79
Page 4 of 6 Thursday, December 4 , 2025 13:37 PM Hexagon ALI
Service Quote Detail LI Sts Item Number Description Serial Number Start Date End Date Coverage QTY Mthly Price Ext. Price Cancel
Flag 2900 EAM00019 HxGN EAM Enterprise Edition Advanced
Reporting Consumer NU
110422B 01/01/2029 12/31/2029 PREM 116 $ 3.36 $ 4,676.44
3000 EAM00022 HxGN EAM Enterprise Edition Customer Service Request (1,000 Users) NU
110422F 01/01/2029 12/31/2029 PREM 1 $ 11.74 $ 140.83
3100 EAM00030 HxGN EAM Enterprise Edition GIS Module
DA
110422G 01/01/2029 12/31/2029 PREM 1 $ 586.80 $ 7,041.56
3200 EAM00356 HxGN EAM Enterprise Edition Mobile DV 110422I 01/01/2029 12/31/2029 PREM 220 $ 34.12 $ 90,070.48
3300 EAM00004 HxGN EAM Enterprise Edition for SQL Database NU
110422L 01/01/2029 12/31/2029 PREM 121 $ 55.68 $ 80,849.25
3400 EAM00037 HxGN EAM Enterprise Edition Web Services Connector CNU
110422Z 01/01/2029 12/31/2029 PREM 1 $ 55.91 $ 670.96
3500 EAM00016 HxGN EAM Enterprise Edition Advanced Reporting Author NU
110422A 01/01/2030 12/31/2030 PREM 5 $ 12.93 $ 775.73
3600 EAM00019 HxGN EAM Enterprise Edition Advanced Reporting Consumer NU
110422B 01/01/2030 12/31/2030 PREM 116 $ 3.53 $ 4,910.26
3700 EAM00022 HxGN EAM Enterprise Edition Customer Service Request (1,000 Users) NU
110422F 01/01/2030 12/31/2030 PREM 1 $ 12.32 $ 147.87
3800 EAM00030 HxGN EAM Enterprise Edition GIS Module
DA
110422G 01/01/2030 12/31/2030 PREM 1 $ 616.14 $ 7,393.64
3900 EAM00356 HxGN EAM Enterprise Edition Mobile DV 110422I 01/01/2030 12/31/2030 PREM 220 $ 35.82 $ 94,574.01
4000 EAM00004 HxGN EAM Enterprise Edition for SQL Database NU
110422L 01/01/2030 12/31/2030 PREM 121 $ 58.47 $ 84,891.71
4100 EAM00037 HxGN EAM Enterprise Edition Web Services Connector CNU
110422Z 01/01/2030 12/31/2030 PREM 1 $ 58.71 $ 704.51
4200 EAM00014 HxGN EAM Enterprise Edition Barcoding
NU
128611A 01/09/2026 12/31/2026 PREM 8 $ 19.95 $ 1,873.92
4300 EAM00014 HxGN EAM Enterprise Edition Barcoding
NU
128611B 01/01/2027 12/31/2027 PREM 8 $ 19.95 $ 1,915.20
4400 EAM00014 HxGN EAM Enterprise Edition Barcoding
NU
128611C 01/01/2028 12/31/2028 PREM 8 $ 20.95 $ 2,010.96
4500 EAM00014 HxGN EAM Enterprise Edition Barcoding
NU
128611D 01/01/2029 12/31/2029 PREM 8 $ 22.00 $ 2,111.51
4600 EAM00014 HxGN EAM Enterprise Edition Barcoding
NU
128611E 01/01/2030 12/31/2030 PREM 8 $ 23.10 $ 2,217.08
Page 5 of 6 Thursday, December 4 , 2025 13:37 PM Hexagon ALI
Quote Line Notes:
YEAR 1: 1/9/2026 - 12/31/2026 $157,555.44
YEAR 2: 1/1/2027 - 12/31/2027 $168,979.45
YEAR 3: 1/1/2028 - 12/31/2028 $177,428.41
YEAR 4: 1/1/2020 - 12/31/2029 $186,299.82
YEAR 5: 1/1/2030 - 12/30/2030 $195,614.81
Coverage Code Definitions:
PREM: Premium Service. A monthly maintenance charge. Includes telephone support, bulletin board support and upgrades when made available by Hexagon ALI, a division of Intergraph Corporation or a Third Party Software Vendor.
Page 6 of 6 TThursday, December 4 , 2025 13:37 PM Hexagon ALI
INTERGRAPH CORPORATION, HEXAGON’S ASSET LIFECYCLE INTELLIGENCE DIVISION (“HEXAGON”)
SOFTWARE MAINTENANCE SUPPORT AGREEMENT
ALI-25-11-7630
1.0 DEFINITIONS
“Coverage Period” means twelve (12) months unless otherwise designated in the Quote(s).
“Customer” means the entity or person purchasing Software Maintenance Support.
“Hexagon Group Company” means any company that is directly or indirectly controlled by Hexagon AB, a Swedish corporation.
“Like Software” means all software of the same title, same product content, modules of that title or content, prerequisite software, Upgrades, or successor branding.
“Quote” means a quotation for Software Maintenance Support submitted to Customer by Hexagon. A Quote may be the quotation issued by Hexagon Maintenance Contracts but may also be the software maintenance quotation submitted to Customer along with a product quotation at time of purchase.
“Site ID” means the identifier assigned to each unique Customer location.
“Software Maintenance Support” means the specific maintenance services contracted for by Customer and to be performed by
Hexagon as defined in Section 3.0 herein.
“Software Product” includes Hexagon’s computer software and all of the contents of the files, disks(s), CD-ROM(s) or other media with which the software is provided, including any templates, data, printed materials, and “online” or electronic Documentation, all copies, and any upgrades, modified versions, and updates (which will be provided if the Software Product is covered under a current
Software Maintenance Support Agreement) of the Software Product. Except as otherwise stated herein, Solutionware shall be considered a Software Product for the purpose of this Agreement.
“Solutionware” means Hexagon utilities described as solutionware (1) in the Software Product name, (2) within a Readme file included with the Software Product, or (3) within documentation, included with the Software Product, and may include but not be limited to data, templates, schema extensions, work process pre-configurations, web services, integration components, and software code provided “as is” and without any warranty.
“Third Party Software” means computer software or other technology in which any person or entity, other than Intergraph Corporation, a Hexagon Group Company, or any subsidiary of Intergraph Corporation, has any right, title or interest including any restrictions or obligations (such as obligations to obtain consents or approvals and restrictions that may be eliminated only by obtaining such consents or approvals) applicable to the computer software or technology but does not include software embedded in Hexagon’s
Software Products by license from third parties.
“Upgrade(s)” means the subsequent releases of applicable Software Products and/or Third Party Software covered under the
Agreement.
2.0 AUTHORIZATION AND PERFORMANCE
2.1 Initiating Software Maintenance Support
By either (a) returning a signed Quote; (b) submitting a signed purchase order referencing this Agreement and the applicable Quote number; (c) paying any charges as set forth on a Quote; or (d) accepting Software Maintenance Support as set forth on a Quote, Customer thereby authorizes Hexagon to provide the Software Maintenance Support for Software Products and/or Third Party
Software during the Coverage Period specified on the Quote, and thereby agrees to the terms and conditions in this Agreement. The
Coverage Period shall be considered as beginning on the first day of the month in which the Software Product was provided to the
Customer, and thus the Coverage Period shall be for whole months only. Software Maintenance Support provided under this
Agreement must be utilized only for the quantity of licenses listed on the Quote.
2.2 Renewing Software Maintenance Support
Approximately sixty (60) days prior to the current Coverage Period’s expiration date, Hexagon will submit to the Customer a renewal
Quote that includes pricing for the upcoming Coverage Period. By accepting the renewal Quote and agreeing to pay or paying all charges listed in the renewal Quote or submitting a valid purchase order referencing a Quote, Customer thereby authorizes Hexagon to provide the Software Maintenance Support for Software Products and/or Third Party Software during the designated Coverage
Period, and thereby agrees to the then current Software Maintenance Support Agreement terms and conditions referenced in the renewal Quote. Hexagon reserves the right to increase Software Maintenance Support prices at any time at its sole discretion, which shall, if applicable, be reflected in the renewal Quote and shall take effect for the renewal Coverage Period. The termination of coverage will occur at the end of the Coverage Period if Customer fails to provide either (a) a signed Quote agreeing to pay all charges and accepting the terms and conditions therein, or (b) a valid purchase order referencing a Quote.
3.0 SOFTWARE MAINTENANCE SUPPORT
3.1 Software Maintenance Support
Software Maintenance Support will include and be limited to the following for all Software Products and/or Third Party Software listed on the Quote:
(a) Unlimited support (standard business hours).
(b) 24 x 7 access to Solution Knowledge Base, an on-line self-help tool.
(c) The ability to perform Web queries, submit updates, and obtain status of service requests 24 x 7.
(d) Software Upgrades, fixes and service packs and how to obtain them, if available.
Software Maintenance Support is limited to specific Software Products and/or Third Party Software as shown on the Quote covered under this Agreement functioning on the appropriate Hexagon supported operating system.
Any Upgrades furnished hereunder shall be governed by the then current Hexagon Software License Agreement or relevant third party license agreement, if applicable, which shall supersede any software license agreement associated with prior releases of the
Software Products or Third Party Software. Upgrades are shipped upon Customer request.
Software Maintenance Support may not be available for all Software Products.
3.2 Customer Response System
Hexagon provides primary access to maintenance and support for most Software Products (newly acquired products may take some time to put on the CRS) via Hexagon’s Customer Response System (hereinafter “CRS”) for Customers who have a valid Software
Maintenance Support Agreement. CRS is a web-based system that allows Customers the ability to submit Service Cases, perform web queries, and obtain the status of Services Cases anywhere in the world, 24 x 7.
4.0 EXCLUDED SOFTWARE SERVICES
Software Maintenance Support is limited to specific Software Products and/or Third Party Software as shown on the Quote, functioning on the appropriate Hexagon supported operating system. Services for the following are outside the scope of this
Agreement and may be available under separate agreement at an additional charge (collectively “Excluded Services”):
(a) System installation (hardware/software platforms)
(b) Network configuration support for third-party products not sold to the Customer by Hexagon
(c) System-level tuning and optimization
(d) Programming development
(e) Customization and configuration
(f) Training
(g) Data, including reference data
Software Maintenance Support provided by Hexagon under this Agreement shall not include support calls that are necessary due to failure of software and/or configurations not supplied by Hexagon or its subcontractors and not covered in this Agreement.
In addition to the above, as to J5 Products, remedying issues arising from the Customer’s or their contractor’s use of the J5 Integrated
Development Environment (“IDE”) are outside of the scope of Software Maintenance Support. Hexagon reserves the right to charge its current hourly rates applicable to the Customer’s region for issues that fall within this exception.
5.0 ADD-ON SUPPORT
Add-on Support may be available for some Software Products. Such add-on support shall be as provided as described http://smartsupport.intergraph.com. The cost for such add-on support shall be stated in such Quote and unless otherwise Quoted shall be annual subscription payable annually in advance. Such add-on support shall be included in the defined term “Software
Maintenance Support” for the remaining provisions of this Agreement.
6.0 CHARGES
Software Maintenance Support charges are invoiced and due annual in advance. Charges are due and payable in full within thirty
(30) days of date of invoice. The Coverage Period shall begin on the first day of the month as shown on the Quote. A full month’s
Software Maintenance Support charge will be invoiced for any partial month’s utilization. Software Maintenance Support on Software
Products and/or Third Party Software added to this Agreement for any period of time less than one (1) year shall be due and payable in full on the date that the Software Product and/or Third Party Software is added to the Agreement. Charges for Software Products and/or Third Party Software added during a Coverage Period to the Agreement shall be prorated to the remaining months of the
Coverage Period, in whole month increments only.
Payments that are not received thirty (30) days from date of invoice are subject to interest accrued at one and one-half percent (1
½%) per month or the maximum allowed by law, whichever is less.
Subject to applicable law, if Customer intends to dispute a charge or request a credit, Customer must contact Hexagon within ten
(10) calendar days of the date on the invoice. Customer waives any right to dispute a charge or receive a credit for a charge that
Customer does not report within such period.
Software Maintenance Support is non-discountable.
7.0 TAXES
All Software Maintenance Support charges are exclusive of, and Customer shall be liable for, and shall indemnify and hold Hexagon harmless from and against, any and all United States and/or any other country’s federal, state, municipal, or other governmental, withholding, excise, sales, use, value added or other taxes, tariffs, custom duties and importing fees (“Taxes”). Taxes shall expressly exclude any United States (i) federal, (ii) state, (iii) municipal, (iv) or other governmental income taxes, franchise taxes, business license fees and other like taxes measured by Hexagon’s income, capital and/or assets. The total invoice amount for Software
Maintenance Support charges is subject to increase by the amount of any Taxes which Hexagon is required to withhold, collect, or pay so that Hexagon receives the full amount of the Software Maintenance Support charges. Any certificate to exempt this Agreement from tax liability or other documentary evidence of statutory exemption shall be obtained by Customer at Customer’s expense.
8.0 ADDITIONS AND REMOVALS OF SOFTWARE PRODUCT(S) AND/OR THIRD PARTY SOFTWARE
8.1 Additions of Software Products and/or Third Party Software to Software Maintenance Support.
8.1.1 Additional Software Products and/or Third Party Software from Hexagon. In the event Customer purchases additional
Software Product(s) and/or Third Party Software license(s) directly from Hexagon during the term of this Agreement, Hexagon will provide Customer a Quote that reflects the additional licenses to be added to this Agreement, effective date(s) of Software Maintenance Support and charges for those additional software licenses to be added under the terms and conditions of this Agreement.
8.1.2 Additional Software Products and/or Third Party Software via Software Transfer Policy. Customer shall purchase
Software Maintenance Support coverage on all additional licenses of Software Products and/or Third Party Software for a site obtained via intra-company transfer. Any such software license transfers shall be in accordance with Hexagon’s then current Software Transfer Policy.
8.2 Like Software Policy. All Like Software must be under Software Maintenance Support coverage if any of the Like Software is under Software Maintenance Support coverage. Customer warrants that for all Software Product and/or Third Party Software supported under this Agreement, all Like Software product licenses in Customer’s possession and located at Customer’s Site ID are covered hereunder. Software Maintenance Support cannot be declined by Customer for individual Software Product and/or Third
Party Software licenses that have been installed multiple times at one Site ID or for Software Product and/or Third Party Software licenses, which are being used interdependently at one Site ID.
8.2.1 Prerequisite Software. All prerequisite Hexagon software licenses that are necessary to operate the Software Products and/or Third Party Software for which Customer desires to cover under this Agreement are considered Like Software and must be covered by Software Maintenance Support provided for in this Agreement.
8.2.2 Perpetual License Example. By way of example only, and not limitation, if Customer has twenty (20) Smart 3D perpetual licenses on a Site ID and desires to enter into a Software Maintenance Support Agreement for Smart 3D licenses, Customer will be required to have all twenty (20) Smart 3D perpetual licenses covered under the Software Maintenance
Support regardless of Customer’s use of all twenty (20) licenses. Also, by way of example only, SmartPlant Review and its modules would be considered Like Software.
8.2.3 Lease License Example. Using the Perpetual License Example above, if Customer desires to lease five (5) additional
Smart 3D licenses, Customer will be required to have all twenty (20) perpetual Smart3D licenses covered under Software
Maintenance Support.
8.3 Removal of Software Product(s) and/or Third Party Software from Software Maintenance Support at Renewal. Either party may provide written notice to the other party at least sixty (60) calendar days prior to the end of any Coverage Period of its intent to remove any individual Software Product(s) and/or Third Party Software from the Agreement for the upcoming renewal period. Except as otherwise provided for in this Agreement, neither party may remove Software Product(s) and/or Third Party Software from this
Agreement until Coverage Period renewal.
8.3.1 Under the Agreement, Customer may not remove individual software licenses of a Software Product and/or Third Party
Software for which Customer has multiple copies under Software Maintenance Support at a Site ID, unless Customer has first notified Hexagon of its intent to relinquish the copies of the Software Products and/or Third Party Software for which
Customer desires to cease Software Maintenance Support (the “Relinquished Licenses”) for the renewal Coverage Period by filing out Hexagon’s Software Relinquishment Form (“Relinquishment Form”). Customer must also certify to Hexagon in writing that it has uninstalled and removed the Relinquished Licenses from its system(s) via the Relinquishment Form and installed a revised license. Should Customer desire to reinstate Software Maintenance Support for the Relinquished
Licenses at a later date, Customer must re-purchase the licenses at the then current list price.
9.0 REINSTATEMENT OF SOFTWARE MAINTENANCE SUPPORT
9.1 Lapse in Software Maintenance Support. To reinstate Software Maintenance Support after any expiration, termination or suspension thereof, Customer must pay a Reinstatement Fee, as defined below, in addition to standard Software Maintenance
Support charges. The Coverage Period for any reinstated Software Maintenance Support shall begin on the first day of the month after the expiration, termination or suspension of the last paid-in-full Coverage Period (“Reinstatement Period”). The Software
Maintenance Support reinstatement fee is twenty-five percent (25%) of the past due Software Maintenance Support charges accumulated during the Reinstatement Period (“Reinstatement Fee”), and shall be in addition to the total Software Maintenance
Support charges for the Reinstatement Period, all calculated at the current Software Maintenance Support list price. In addition to the Reinstatement Fee and the past due Software Maintenance Support charges, Customer will be required to pay for the upcoming
Coverage Period at the time Software Maintenance Support is reinstated. Hexagon will provide a Quotation upon request.
9.2 Failure to Purchase Software Maintenance Support. In the event that Software Maintenance Support was not purchased at the time the Software Product and/or Third Party Software was originally purchased, in order to obtain Software Maintenance Support, Customer shall pay the 1) Reinstatement Fee, and 2) the total Software Maintenance Support charges, all calculated at the current
Software Maintenance Support list price from the date the original Software Product and/or Third Party Software was purchased up to the date the Software Maintenance Support is actually purchased. The Coverage Period for such Software Product and/or Third
Party Software will begin on the first day of the month in which the Software Product and/or Third Party Software was originally purchased. In addition to the Reinstatement Fee and the past due Software Maintenance Support charges, Customer will be required to pay for the upcoming Coverage Period at the time Software Maintenance Support is actually purchased. Hexagon will provide a
Quotation upon request.
10.0 REMOTE ACCESS LICENSES
Software Maintenance Support for all remote users shall be provided by the Hexagon regional office where the application server or portal server licenses are registered/maintained regardless of the physical location of the end user. All service requests from remote users shall be logged from the location where the application server or portal server license is located.
11.0 TERM, TERMINATION, AND MODIFICATIONS
11.1 Term
This Agreement shall be effective as of the date of the first day of the Coverage Period as stated in the Hexagon Quote and shall expire at the end of the Coverage Period unless terminated earlier as provided in Section 11.2 or renewed by mutual agreement of the parties pursuant to the terms as stated in Section 2.2.
11.2 Termination
This Agreement, and thus the Software Maintenance Support provided hereunder, may terminate prior to the expiration of the
Coverage Period for any of the following reasons:
(a) A new agreement between Customer and Hexagon is signed into effect for similar Software Maintenance Support for Software
Products or Third Party Software covered under this Agreement; or
(b) Either party petitions for reorganization under the Bankruptcy Act or is adjudicated a Bankrupt, or a receiver is appointed for either party’s business; or
(c) Customer fails to pay Hexagon any amount when due hereunder; or
(d) Customer commits a material breach of any of the terms and conditions in this Agreement.
11.3 Modifications
This Agreement can be changed or modified during the Coverage Period in one of the following ways:
(a) Hexagon provides a written notice of intent to modify the Agreement to remove a Software Product or Third Party Software from
Software Maintenance Support effectively terminating the Agreement with respect to that Software Product or Third Party
Software; provided, however, such termination may only occur with respect to the discontinuance of a Hexagon product or by requirement of a third-party owner of any product or part thereof. This Agreement will terminate with respect to the particular
Software Product or Third Party Software thirty (30) days after the date of the notice. Upon termination, Hexagon shall provide a pro-rata refund for Software Maintenance Support not provided.
(b) Customer adds Software Products and/or Third Party Software licenses during the Coverage Period or at renewal of the
Coverage Period or removes Software Products and/or Third Party Software at renewal of the Coverage Period in accordance with Section 7.
(c) Any other changes or modifications by mutual agreement of the parties.
12.0 WARRANTIES
PERFORMANCE WARRANTY. EXCEPT FOR ANY REFERENCE DATA AND SOLUTIONWARE CONTAINED IN THE SOFTWARE
PRODUCT, FOR ANY SOFTWARE UPGRADE PROVIDED UNDER THIS AGREEMENT, HEXAGON WARRANTS FOR A PERIOD
OF THIRTY (30) CALENDAR DAYS FROM THE DATE OF SHIPMENT THAT THE SOFTWARE PRODUCT
SHALL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION SUPPLIED WITH THE PARTICULAR
SOFTWARE. REFERENCE DATA AND SOLUTIONWARE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES
WHATSOEVER.
SOFTWARE MEDIA WARRANTY. FOR ANY SOFTWARE UPGRADE PROVIDED UNDER THIS AGREEMENT, Hexagon
WARRANTS FOR A PERIOD OF THIRTY (30) CALENDAR DAYS FROM THE DATE OF SHIPMENT THAT, UNDER NORMAL
USE, SOFTWARE DELIVERY MEDIA SHALL BE FREE FROM DEFECT IN MATERIAL OR WORKMANSHIP.
HEXAGON DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL MEET CUSTOMER’S REQUIREMENTS, AND
UNDER NO CIRCUMSTANCES DOES HEXAGON WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE
UNINTERRUPTED OR ERROR FREE. HEXAGON’S ENTIRE LIABILITY UNDER THIS WARRANTY AND CUSTOMER’S
EXCLUSIVE REMEDY SHALL BE AT HEXAGON’S SOLE AND ABSOLUTE DISCRETION, (1) EITHER THE REPAIR OR
REPLACEMENT OF ANY SOFTWARE ITEM THAT DOES NOT MEET THE RESPECTIVE WARRANTIES GIVEN ABOVE OR (2)
A REFUND OF THE CHARGES FOR THE PARTICULAR WARRANTED ITEM.
IF UNDER THE LAW RULED APPLICABLE TO THIS AGREEMENT A GREATER WARRANTY IS MANDATED, THEN HEXAGON
WARRANTS THE SOFTWARE PRODUCT TO THE MINIMUM EXTENT REQUIRED BY SAID LAW.
THE FOREGOING WARRANTIES ARE VOID IF FAILURE OF A WARRANTED ITEM RESULTS DIRECTLY, OR INDIRECTLY, FROM AN UNAUTHORIZED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPT TO REPAIR A
WARRANTED ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT LIMITATION USE OF WARRANTED ITEM
UNDER ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM.
CUSTOMER SHALL PROMPTLY NOTIFY HEXAGON OF ANY SUSPECTED DEFECTS IN SOFTWARE DELIVERY MEDIA.
THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND REPRESENT THE
FULL AND TOTAL OBLIGATION AND/OR LIABILITY OF HEXAGON.
13.0 DISCLAIMER
EXCEPT AS PROVIDED HEREIN, HEXAGON MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE
SOFTWARE PRODUCT OR SOFTWARE MAINTENANCE SUPPORT SUPPLIED HEREUNDER, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IF UNDER THE LAW RULED APPLICABLE TO THIS AGREEMENT ANY PART OF THE ABOVE DISCLAIMER OF EXPRESSED
OR IMPLIED WARRANTIES IS INVALID, HEXAGON DISCLAIMS EXPRESS OR IMPLIED WARRANTIES TO THE MAXIMUM
EXTENT ALLOWED BY SAID LAW.
14.0 LIMITATION OF LIABILITY
IN NO EVENT WILL HEXAGON OR A HEXAGON GROUP COMPANY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE OR PRODUCTION, LOSS
OF REVENUE OR PROFIT, LOSS OF DATA, OR CLAIMS OF THIRD PARTIES, EVEN IF HEXAGON HAS KNOWLEDGE OF THE
POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL HEXAGON’S OR A HEXAGON GROUP COMPANY’S LIABILITY UNDER THIS
AGREEMENT EXCEED THE AMOUNT THAT HEXAGON HAS BEEN PAID DURING THE APPLICABLE COVERAGE PERIOD
BY CUSTOMER UNDER THIS AGREEMENT AT THE TIME THE CLAIM IS MADE. EXCEPT WHERE PROHIBITED BY
APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
MAY BE BROUGHT BY CUSTOMER MORE THAN TWO (2) YEARS AFTER THE EVENT GIVING RISE TO THE CAUSE OF
ACTION HAS OCCURRED.
IF UNDER THE LAW RULED APPLICABLE TO THIS AGREEMENT ANY PART OF SECTION 14.0 IS INVALID, THEN HEXAGON
AND A HEXAGON GROUP COMPANY LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY SAID LAW.
15.0 DOCUMENTATION
Documentation shall mean, whether in electronic or printed form, User's Guides, Installation Guides, Reference Guides, Administrator's Guides, Customization Guides, Programmer's Guides, Configuration Guides and Help Guides delivered with a particular Software Product supplied by Hexagon to Customer. Not all of the previous types of Documentation are delivered with each
Software Product supplied by Hexagon.
16.0 NOTICES
All written notices required by either party under this Agreement shall be deemed to have been given on the date such notice is mailed to the other party.
17.0 HEADINGS
The various headings in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this
Agreement or any Paragraph or provision hereof. References in this Agreement to any Paragraphs are to the applicable Paragraph of this Agreement.
18.0 ASSIGNMENT
Neither Hexagon nor Customer shall assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other party, provided that such consent shall not be unreasonably withheld, except that Hexagon may assign its rights and obligations under this Agreement without the approval of Customer to an entity which acquires all or substantially all of the assets of Intergraph Corporation or its Asset Lifecycle Intelligence division, or to any subsidiary, affiliate or successor in a merger or acquisition of Intergraph Corporation or its Asset Lifecycle Intelligence division.
19.0 DISPUTE RESOLUTION AND INTERPRETATION
For any controversy or claim that may arise out of or in relation to this Agreement or with respect to breach thereof, the parties agree to initially seek to solve the matter amicably through discussions between the parties’ upper management. Should the parties fail to resolve such controversy, claim, or breach by amicable arrangement and/or compromise within thirty (30) days of the dispute being brought to the attention of parties’ upper management, then the parties may, at their sole discretion, seek resolution through nonbinding mediation. If either party is not satisfied with the result of the non-binding mediation, such party may seek legal recourse through the courts in the jurisdiction chosen herein. No party may commence litigation in relation to any dispute arising out of this
Agreement until it has attempted to settle the dispute by negotiation and mediation, and the mediation has terminated, or the other party refused to participate in the mediation. Any time period stated in this Section may be reduced for the sole purpose of avoiding the expiration of the Statute of Limitations for the event made the basis of the controversy.
This Agreement shall for all purposes be construed and enforced under and in accordance with the Laws of the State of Florida and shall have been deemed to have been executed in Tampa, Florida. The parties agree that any legal action or proceeding relating to this Agreement shall be exclusively instituted in the applicable federal or state courts of Tampa, FL. The parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in these courts in any such legal action or proceedings. The parties waive the application of the United Nations Commission on International Trade Law and United Nations Convention on Agreements for the
International Sale of Goods as to the interpretation or enforcement of this Agreement.
20.0 NONDISCLOSURE
Hexagon and Customer each acknowledge that they may be furnished with, receive, or otherwise have access to information of or concerning the other party which such party considers to be confidential, proprietary, a trade secret or otherwise restricted. As used in this Agreement “Confidential Information” shall mean all information, which may include third party information, in any form, furnished or made available directly or indirectly by one party to the other that is marked confidential, restricted, proprietary, or with a similar designation. The terms and conditions of this Agreement shall be deemed Confidential Information. Confidential Information also shall include, whether or not designated “Confidential Information”, (i) all specifications, designs, documents, correspondence, software, documentation, data and other materials and work products produced by either Hexagon or its subcontractors, and (ii) with respect to either party, all information concerning the operations, financial affairs and businesses, and relations with its employees and service providers. This, however, shall not prevent Hexagon from disclosing that Customer is a customer of Hexagon.
Each party's Confidential Information shall remain the property of that party or relevant third party except as expressly provided otherwise by the other provisions of this Agreement. Customer and Hexagon shall each use at least the same degree of care, but in any event no less than a reasonable degree of care, to prevent disclosing to third parties the Confidential Information of the other as it employs to avoid unauthorized disclosure, publication or dissemination of its own information of a similar nature. The parties shall take reasonable steps to ensure that its employees comply with these confidentiality provisions.
This Section shall not apply to any particular information which Hexagon or Customer can demonstrate (i) was, at the time of disclosure to it, in the public domain; (ii) after disclosure to it, is published or otherwise becomes part of the public domain through no fault of the receiving party; (iii) was in the possession of the receiving party at the time of disclosure to it; (iv) was received after disclosure to it from a third party who had a lawful right to disclose such information to it without any obligation to restrict its further use or disclosure; or (v) was independently developed by the receiving party without reference to Confidential Information of the furnishing party. In addition, a party shall not be considered to have breached its obligations by disclosing Confidential Information of the other party as required to satisfy any legal requirement of a competent government body provided that, immediately upon receiving any such request and to the extent that it may legally do so, such party advises the other party promptly and prior to making such disclosure in order that the other party may interpose an objection to such disclosure, take action to assure confidential handling of the Confidential Information, or take such other action as it deems appropriate to protect the Confidential Information.
The parties acknowledge that to the extent applicable, the Florida Records Public Law will apply to this Agreement.
21.0 SEVERABILITY
Whenever possible, each provision of this Agreement and each related document shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of this Agreement or any related document shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement or such related document.
22.0 NO WAIVER
Any failure by either party to enforce performance of the terms or conditions of this Agreement shall not constitute a waiver of, or affect said party’s right to avail itself of such remedies as it may have for any subsequent breach of the terms of the Agreement.
23.0 EXPORT CONTROLS
Intergraph Corporation’s Software Products and any software products obtained from Intergraph Corporation, its subsidiaries, or distributors, including any technical data related to these products (“Technical Data”) are subject to the export control laws and regulations of the United States. Diversion contrary to U.S. law is prohibited. To the extent prohibited by United States or other applicable laws, these Intergraph Corporation Software Products and any software products obtained from Intergraph Corporation, its subsidiaries or distributors; Technical Data; and any derivatives of either, shall not be exported or re-exported, directly or indirectly
(including via remote access) under the following circumstances:
a. To Cuba, Iran, North Korea, Syria or the Crimean, "Donetsk People's Republic", "Luhansk People's Republic" or Sevastopol regions of Ukraine, or any national of these countries or territories.
b. To any person or entity listed on any United States government denial list, including, but not limited to, the United States
Department of Commerce Denied Persons, Entities, and Unverified Lists; the United States Department of Treasury
Specially Designated Nationals List; and the United States Department of State Debarred List. Visit www.export.gov for more information or follow this link for the screening tool: https://legacy.export.gov/csl-search.
c. To any entity when Customer knows, or has reason to know, the end use of the Intergraph Corporation Software Products or software products obtained from Intergraph Corporation, its subsidiaries, or its distributors is related to the design, development, production, or use of missiles, chemical, biological, or nuclear weapons, or other unsafeguarded or sensitive nuclear uses.
d. To any entity when Customer knows, or has reason to know, that an illegal reshipment will take place.
Any questions regarding export or re-export of these Intergraph Corporation Software Products or software products obtained from
Intergraph Corporation, its subsidiaries or distributors should be addressed to Hexagon’s Asset Lifecycle Intelligence division, Export
Compliance Department, 305 Intergraph Way, Madison, Alabama 35758, USA or at exportcompliance@intergraph.com.
Customer shall hold harmless and indemnify Hexagon for any causes of actions, claims, costs, expenses, and/or damages resulting to Hexagon from a breach by Customer or any user of the export restrictions set forth in this Agreement.
24.0 FORCE MAJEURE
Neither Party shall be responsible for a delay in or failure to perform if caused by: acts of God or the public enemy; compliance with any order, rule, regulation, decree, or request of any governmental authority, agency, or person purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any other cause, whether or not of the class or kind specifically named or referred to herein, not within the reasonable control of the Party affected. The Party who is prevented from performing by force majeure shall remedy such cause as soon as reasonably possible.
25.0 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto with regard to the subject matter hereof. This Agreement supersedes any and all prior discussions and/or representations, whether written or oral, and no reference to prior dealings may be used to in any way modify the expressed understandings of this Agreement. This Agreement may not be amended or modified unless done so in writing, signed by authorized representatives of both parties.
26.0 LEGALLY REQUIRED STATEMENT AND PROVISIONS REGARDING ACCESS TO RECORDS - APPLICABLE TO
SERVICES CONTRACTS ONLY
The parties acknowledge and agree that the statement and provisions below are required by Florida Statute to be included in contracts for services. The inclusion of this statement and provisions below shall not be construed to imply that the vendor has been delegated any governmental decision-making authority, governmental responsibility or governmental function or that the vendor is acting on behalf of the County as provided under Section 119.011(2), Florida Statutes, or that the statement or provisions are otherwise applicable to the vendor. As stated below, the vendor may contact the County’s Custodian of Public Records with questions regarding the application of the Public Records Law; however, the vendor is advised to seek independent legal counsel as to its legal obligations.
The County cannot provide the vendor advice regarding its legal rights or obligations.
IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
a) Scott Stromer 813-272-5790,
b) StromerS@HCFL.Gov,
c) Procurement Services, 601 E. Kennedy Blvd., 25th Floor, Tampa, Florida 33602.
O. Perez
12/17/2025 12/18/2025
12-29-2025
If under this purchase order/contract, the vendor is providing services and acting on behalf of the County as provided under Section 119.011(2), Florida Statutes, the vendor will comply with public records law, and agrees to:
a) Keep and maintain public records required by the County to perform the services.
b) Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the purchase order/contract term and following completion of the purchase order/contract if the vendor does not transfer the records to the County.
d) Upon completion of the contract, transfer at no cost to the County, all public records in possession of the vendor or keep and maintain public records required by the County to perform the service. If the vendor transfers all public records to the County upon completion of the contract, the vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the vendor keeps and maintains public records upon completion of the contract, the vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County.
Failure of the vendor to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above, where applicable, shall be grounds for immediate unilateral termination of this contract/purchase order by the County.
IN WITNESS WHEREOF the Parties have caused this Agreement to be validly executed by duly appointed officers in…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .