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Reso 2006-919
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Reso 2006-919
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Last modified
7/1/2010 9:41:44 AM
Creation date
8/2/2006 11:26:23 AM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2006-919
Date (mm/dd/yyyy)
05/18/2006
Description
SUNGARD HTE, INC. - Software License & Services Agreement
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<br />City of Sunny Isles Beach <br /> <br />18070 Collins A venue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />SunGard reserves the right to change its Supp0l1 fees, provided that no such change will <br />be effective until at least 30 days after SunGard has given Customer written notice of <br />such change by means of an invoice. In addition to the foregoing changes in Support <br />Fees, fee changes will also result from changes in (1) Software prices, (2) Increases in the <br />number of modules of a Licensed Program, (3) Increases in the number of users on the <br />system, (4) Changes in the computer hardware or (5) Selection by Customer of different <br />Coverage Hours. No such changes shall be effective until at least 30 days after SunGard <br />provides Customer written notice of such changes. <br /> <br />6.2 SunGard shall invoice Customer at the beginning of each contract year for all SUpp0l1 <br />fees. All Customer approved reimbursable expenses incUlTed shall be invoiced at the <br />beginning of the next calendar month. Customer shall pay the invoiced amounts within <br />thirty (30) days after receipt of the invoice. <br /> <br />6.3 Customer shall be responsible for procuring, installing, and maintaining all equipment, <br />telephone lines, modems, communications interfaces, and other hardware necessary to <br />operate the Licensed Program and to obtain from SunGard the Services called for by this <br />Agreement. <br /> <br />6.4 Customer agrees to pay additional charges according to the SunGard fee schedule for all <br />work performed outside of Coverage Hours. These charges are applicable for any work <br />performed after hours. Customer authorization is required for any work outside of <br />coverage hours that results in additional charges. <br /> <br />6.5 On-site assistance will be perfOlmed as requested by Customer. However, Customer will <br />be billed according to the SunGard fee schedule for travel expenses and comprehensive <br />per diem. <br /> <br />SECTION 7 <br />PROPRIETARY RIGHTS <br /> <br />7.1 To the extent that SunGard may provide Customer with any Error Corrections or <br />Enhancements or any other software, including any new software programs or <br />components, or any compilations or derivative works prepared by SunGard (collectively, <br />"Vendor Programs"), Customer may (1) install one set of the Vendor Programs in the <br />most current form provided by SunGard, in Customer's own facility; (2) use such Vendor <br />Programs in connection with the Licensed Programs and in a manner consistent with the <br />requirements of the License Agreement, for purposes of serving Customer's internal <br />business needs; and (3) make one copy of the Vendor Programs in machine-readable <br />fOlm for nonproductive backup purposes only. Customer may not use, copy, or modify <br />the Vendor Programs, or any copy, adaptation, transcription, or merged portion thereof, <br />except as expressly authorized by SunGard subject to the disclosure requirements of <br />Chapter 119, Florida Statutes. Upon telmination of such License Agreement, Customer <br />shall return or destroy the Vendor Programs, and returning the Vendor Programs in the <br />manner required by the License Agreement shall be sufficient for such purposes. <br /> <br />8 <br /> <br />C0506-45-2 SunGard Licensed Program(s) Support Consultant Agreement <br /> <br />S/8 <br />
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