HomeMy WebLinkAboutReso 2006-883
RESOLUTION NO. 2006- 883
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, ENTERING INTO AN
AGREEMENT WITH STROMBERG FOR AUTOMATED TIME
AND ATTENDANCE SOFTWARE, HARDWARE, AND
SERVICES, IN THE AMOUNT OF TWENTY -FOUR THOUSAND
EIGHT HUNDRED DOLLARS ($24,800.00), ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THE TERMS OF THE AGREEMENT;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is desirous of further automating and streamlining its employee time and
attendance calculation processes, to provide for increased efficiency and accuracy; and
WHEREAS, staff proposes the implementation of an e-Access Employee Kiosk to enable
employees to view their time-banks and other pertinent information on-line and a biometric timeclock that
automatically records and calculates employee time and attendance; and
WHEREAS, Paychex, our current payroll administrator, has advised that Stromberg is the only
vendor of such products and services that can fully interface with their system; and
WHEREAS, Stromberg has submitted an agreement to provide automated time and attendance
software, hardware, and services, in an amount of Twenty-Four Thousand Eight Hundred Dollars
($24,800.00), attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section I. Approval of Agreement. The Agreement with Stromberg for automated time and
attendance software, hardware, and services, in an amount of Twenty-Four Thousand Eight Hundred
Dollars ($24,800.00), attached hereto as Exhibit "A", be, and the same, is hereby approved.
Section 2.
Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things
necessary to effectuate the terms of the Agreement.
Section 4.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 16th day of February 2006.
~} ilhtH'!'/ .vt~~~
orman S. Edelcup, Mayor
R2006- Stromberg Time & Attendance Products
Page I of2
ATTEST:
~A~
Jane A. Hines, CMC, City Clerk
Vote: 5-D
Mayor Norman S. Edelcup
Vice Mayor Roslyn Brezin
Commissioner Gerry Goodman
Commissioner Danny Iglesias
Commissioner Lewis Thaler
R2006- Stromberg Timeclock & Related Items
Moved by: ~~ Gco~'YY\ '1%J
Seconded by: 6~€tl. .IGL~<;; ~
~(Yes)
~(Yes)
~(Yes)
v (Yes)
---v (Yes)
Page 2 of2
_(No)
_(No)
_(No)
(No)
_(No)
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Step 1: Client Information
Company Name: Gty of Sunny Isles Beach
DBA Name:
Company Contact: Jean Watson
E-mail Address:GWatson@sibfl.net
Billing Address: 18070 Collins Avenue
Gty/State/Zip: Sunny Isles Beach, FL 33160
Title: Finance Director
Delivery Address:
IF DIFFERENT FROM ABOVE; PO BOX IS l'OT ACG:PTABLE FORDEUVERY ADDRESS. [ATTAGI ADDITIONAL SHEETS IF NECESSARY}
State: Zip Code:
Ext: Fax: L-J _ -
Gty.
Telephone: (305) 792-1805
Step 2:
Order Form
Qty Item # Descliption AMA Unit Plice Total
1 CE-SQL-150 Stromberg Enterprise Edition SQL 150 Employees 1 $6,750.00
1 CE-SQL-150SU e-Access Supervisor 150 Employees 1 Included
1 CE-SQL-150EK e-Access Employee Kiosk 150 Employees 1 Included
1 CE-SQL-150PI Payroll Interface Paychex 150 Employees 1 Included
1 CE-SQL-150TE e-Access Time Entry Suite 150 Employees 1 Included
AMA-G
5 CB-2-B-110BT TimeClock, Ethernet, Biometric 1 $2,080.00 $10,400.00
A Customer agrees to license the above software ("Software") and to purchase the Software - AMA - Gold $1,350.00
above associated hardware ("Hardware") and services, as described further herein Hardware. AMA - Gold $1,800.00
(Software and Hardware are collectively referred to herein as the "Products"). Implementa lion $4,500.00
B. Customer agrees that purchases and/or licenses of the Products, suppon and Sub Total $24,800.00
maintenance for the Products, and training in the use and operation of the Products
are governed by Stromberg, Agreement anached hereto. Shipping & Handling $70.00
C Customer agrees that this quote is valid through 1/31/2006 . Sales Tax 1BD
GR.>\1'II) TOTAL
DEPOSIT $12,400.00
BALM'ICE
Step 3: Payment Information
o Credit Card 0 Check Check Number:
Hardware: Select payment tenns
o 50% down payment, balance due upon invoice
Software: Select payment tenns
o 50% down, balance, payment in full within 30 days following hardware installation
Charge the above items to my 0 American Express 0 MasterCard 0 Visa
Card Number: Expiration Date (NIM/YY): /
Cardholder's Name: Cardholder's Signature:
Customer acknowledges and agrees that this Agreement shall not be binding on Stromberg ("Stromberg") until signed by Stromberg and delivered to
Customer. This Agreement is the entire understanding of the panies with respect to the purchase of the Products and shall govern in the event any
inconsistent tenns and conditions are set fonh in any Customer purchase order, confirmation, or memorandwn, tmless.Stromberg signs such document.
.omberg Representative c:ust~ "'.' '. j (,j/ //:' i ,t' ~~.
SlgnaWrel )I/Flt,,.< '71..- ;< .d-- t.. C?
Name: S. Edelcu
Date: / / Title: Date: 02 /16 I 2006
Kapp at: 1-407-805-0725
Page 1 of 4
SIB
Step 4: Read and complete this form.
Stromberg Agreement
Article I - Terms of Sale
1. Corporate Approval. All orders are subject to the approval of Stromberg
("Stromberg") and are non-cancelable.
2. Terms of Payment. fifty percent (50%) of the Purchase Price ("Initial
Installment") shall be paid at the time Customer signs this Agreement. The
remaining balance ("Purchase Price Balance") shall be due within 30 days of the
Product shipping date or 30 days after installation of the Products or, in any
event, no later than 90 days from the date this Agreement is executed by both
Customer and Stromberg. A 1.5% per month service charge will be added to the
Purchase Price and restocking fee if not paid by the due date.
3. Title and Delivery.
^- All products \\~II be delivered fOB Stromberg's warehouse.
B. Stromberg agrees to use commercially reasonable efforts to fill orders placed
by Customer in accordance with the requested delivery schedule for such
Products.
C. Stromberg shall have no liability for delays in delivery due to causes beyond its
control.
4. Restrictions on Use of Product. Customer agrees that it will not change,
modify, alter, or enhance the Products, and shall not reverse engineer or
decompile the Software. Customer acknowledges and agrees that it shall be solely
responsible for compliance with all applicable laws in connection with the
Products, including, without limitation, state and federal laws relating to use of
biometrlc information.
5. Restocking Fee. If any portion or all of the entire Product order is returned to
Stromberg with or without the consent of Stromberg, Customer ab>rees to pay a
restocking fee equal to fifteen percent (15%) of the Purchase Price of such
Products.
6. Warranty. Stromberg warrants that the Software products shall be free from
defects in materials and workmanship for a period of 90 days from the date of
installation and Hardware products shall be free of defects for a period of 90
days from date of purchase ("\X'arranty Period"). This warranty is extended to the
original Customer only and is subject to all the conditions and limitations set
forth below:
A. Any part or parts found to be defective (except as specifically excluded below)
shall be replaced or repaired by Stromberg, without charge to the Customer
for parts or labor, provided that the Product has been used in accordance with
the Stromberg manual and has not been subject to abuse or tampering.
Stromberg shall pay for the shipment of the Hardware to and from Stromberg
if the defect is co\'ered by warranty, otherwise Customer shall pay shipment
and repair costs.
B. Only Stromberg may make repairs or replacements under this warranty and
repairs and replacements will be made only after Stromberg is notified of the
problem and determines that the problem resulted from defective materials or
workmanship covered under this warranry.
C. In the event a defective Product cannot be repaired or replaced, and such
defect is material to the operation of the Product in accordance with its
specifications, Stromberg shall refund the ("Purchase Price'') Customer paid
for such defective Product.
D. The warranty shall not apply to any Products or parts thereof in the event of:
i.. Damage, defects or malfunctions resulting from misuse, accident, neglect,
tampering, unusual physical or electrical stress or causes other than normal
and intended use (including modification or replacement of any Stromberg
components or any use that is inconsistent with any user documentation);
ii. failure of the Customer to provide and maintain a suitable installation
environment for the Products;
iii.Malfunctions resulting from the use of supplies not approved by
Stromberg; or
iv. Any defect not communicated in writing
expiration of the Warranty Period.
E. No representation or other affirmation of fact including, but not limited to,
statements regarding capacity, suitability for use or performance of the
Products shall be, or'deemed to be, a warranty or representation by Stromberg
for any purpose, or impose any liability, or obligation of Stromberg
whatsoever. The warranties described herein do not cover or apply to
batteries, bar code wands, bulbs, distribution boxes, light bulbs, or third party
software contained in, or associated with, the Products. Said items are
provided by Stromberg to Customer as is \\~thout any condition or warranty.
F. The remedies of repair, replacement or refund set forth herein shall be
Customer's exclusive remedies in the e\"ent of a breach of this warranty.
Company Name
7. Limitation on Liability. Except as herein expressly stated, there are no
warranties, expressed or implied, by operation of law or otherwise, made or
authorized to be made regarding the Products furnished hereunder. Stromberg
disclaims any implied warranty of merchantability or fitness for a particular
purpose. In no event shall Stromberg or its affiliates be liable for any incidental,
indirect, special or consequential damages in connection with or arising out of
this agreement or the existence, furnishing, functioning or Customer's use of or
inability to use, any Products or services provided for in this agreement, even if
Stromberg has been advised of the possibility of such damages, whether such
damages arise in an action at law or in equity, for breach of contract, breach of
warranty, product liability, breach of applicable Uniform Commercial Code
provisions, negligence or intentional tort. Stromberg shall not be liable for
Customer's lost profits, loss of business opportunities, loss of savings, or for
exemplary damages. Stromberg shall not be responsible for any obsolescence of
the Products or the Software that may result from changes in Customer's
requirements or Federal, State, or Local law. Customer's sole remedy for liability
of any kind including negligence and breach of this agreement in connection
\\~th or arising out of this agreement and the Stromberg Products, items or
services sold hereunder, shall be limited to the remedies provided in Section 7.
Article II - Software License
1. Software License. In consideration of the payment of the Purchase Price,
Stromberg hereby grants to Customer a nonexclusive, nontransferable limited
license to use the Software ("License"). If the Software purchased hereunder is
embedded in the Hardware, or designed for installation on a central processing
unit, Customer may not use such Software in connection with more than the
number of employees indicated under the heading "Qty" on the order form. If
the Software is designed for installation on individual computers, the Software
may not be installed on more than the number of computers indicated under the
heading "Qty" on the order form. Customer acknowledges such Software may
not be used in connection with a greater number of employees or on a greater
number of computers \\~thout first paying additional fees.
2. Prohibited Acts and Uses. Customer may not use the Software, or any copy,
adaptation, transcription, or merged portion thereof, except as expressly
authorized herein. Customer may not copy, export, publish, disclose to third
parties, change, modify, alter, or enhance the Software or the source code
therefore, and may not reverse engineer or decompile the Software. Customer
may not copy any writren materials provided with the Software \\~thout the prior
approval of Stromberg. Customer may not sell, donate, transfer, assign,
sublicense or distribute the Software, or any trade secrets embodied therein, or
any derivations or adaptations thereof. In the event any Software purchased
hereunder is separate from the Hardware, Customer agrees that it will not use
such Software to process data for third parties or in a service bureau
environment.
3. Additional Restrictions Relating to Third Parry Software. Except as
expressly permitted by this Agreement, Customer may not modify or translate
any third party software contained in, or associated with, the Products, except as
necessary to configure the third party software using the menus, options and
tools provided for such purposes and contained in the third parry software. The
prohibited acts and uses set forth in Section 2 apply to Customer's use of the
third party software.
4. Proprietary Protection of Software. Customer acknowledges that Stromberg is
the sole and exclusive owner of all right, title, and interest in, and to, the
Software, the source code for the Software, and any Stromberg user
documentation. Customer acknowledges that the third party developers are the
sole and exclusive owners of all right, title, and interest in and to the third party
software, the source code for the third party software, and any third party user
documentation.
to Stromberg prior to the 5. Other.
A. If Customer violates Article II, Stromberg, at its discretion, may automatically
and immediately terminate the License.
B. The Software and any copies are protected by United States copyright, patent
laws and international treaty provisions.
C. The parties hereto disclaim the application to this License of the United
Nations 1980 Convention on Contracts for the International Sale of Goods.
D. During the term of this License and for three years after termination of the
License, Customer shall maintain complete records regarding Customer's use
of tile Software. Upon reasonable notice to Customer, Stromberg and/or a
third party developer may audit, at Stromberg or the third party developer's
expense as applicable, Customer's books and records to determine
Customer's compliance hereunder. Third party developers and their suppliers
are third party beneficiaries to this License in connection \\~th Customer's
Page 2 of 4
SL0094 12/04
SIB
use of third party software. This License is therefore enforceable by third
party developers and their suppliers, in addition to Stromberg.
E. Customer shall comply with all laws and regulations applicable to the
Software, including export, re-export and foreign policy controls and
restrictions, and shall take all necessary actions and precautions to ensure that
Customer does not contravene such laws or regulations.
Article III - Software Support
1. Services Provided by Stromberg. Provided that Customer has paid the
required fee for Software support, Stromberg shall provide the following support
services in connection with all Software components of the Products purchased
hereunder for a period of one year following the Warranty Period:
A. Unlimited telephone support for Operators and the Corporate System
Administrator of Customer during normal business hours (8:30 a.m. - 8:30
p.m. ET).
B. Online support during normal business hours (Customer is required to have
Internet Access).
C. Provision to Customer at no additional charge of all Software updates and
new versions applicable to the installed modules, exclusive of derivative
products containing new fearures or functionality.
2. Customer Obligation. Customer agrees to provide Stromberg direct access to
the Stromberg database and related application(s) upon notification from
Stromberg that such access is necessary. Customer also agrees to provide server
and operating environment(s) that meet or exceed Stromberg minimum required
operating configuration(s).
3. Limitation on Support Obligation. Article III shall not cover, and Stromberg
support obligations shall not apply to, problems resulting from:
A. Fire, flood, or other catastrophe, accident, neglect, misuse or negligence;
B. Modification of the Product(s) by Customer or any third party;
C. Computer hardware failure;
D. Custom software modifications; or
E. Any problem for which a Customer has not paid the Software support fee
prior to the occurrence of such problem.
4. Renewal Option. Stromberg shall continue to provide the Software support
services described in Anicle III and Customer shall pay for such services at a rate
specified on the Order Form or at the then-current list price for these services,
for successive one-year periods, unless Customer notifies Stromberg in writing
more than 30 days prior to the end of the initial year of software support (or of
each succeeding anniversary date thereafter) that Customer does not wish for
Stromberg to continue providing such services. Any increase in support service
rates for support of the Products will not exceed 10% per year.
Article IV - Hardware Maintenance
1. Services Provided by Stromberg. Provided that Customer has paid the fee for
Hardware maintenance services and depending on the plan selected by Customer
Q.e., "Gold Plan" or "Bronze Plan"), Stromberg shall provide to Customer the
services described in this Article IV, at no additional cost to Customer, in
connection with all Hardware components of the Products purchased hereunder
for a period of one year following the Warranty Period. Upon Customer
notification of any Hardware component failure of a Product during the one-year
period follo\\~ng the expiration of the Warranty Period, Stromberg will repair or
replace such Hardware in accordance with the procedure set forth herein. Upon
such notification, Stromberg shall issue rerum authorization to Customer, if
required. Stromberg \\~1I provide all parts necessary to repair the Hardware
(excluding batteries, bar code wands, bell relays, power supplies, or distribution
boxes), as well as the services and labor, at no charge to Customer. Customer
shall ship, at its own expense, the Hardware to be repaired to:
Stromberg, 525 Technology Park Drive, Suite 165, Lake ;"Iary, Florida 32746.
2. Replacement/Loaner Equipment. "Gold Plan" participants will have
replacement or loaner equipment that is configured for Customer's installation
("Loaner Equipment") shipped to Customer \\~thin one day of Customer's
notification (if received by Stromberg prior to 1 :00 p.m. ET) pursuant to Section
1 for Customer's use during the period that the Hardware is being serviced by
Stromberg. Upon receipt of the Loaner Equipment, Customer shall ship the
Hardware to be repaired to Stromberg. "Bronze Plan" participants are not
entitled to receive Loaner Equipment from Stromberg. Stromberg shall rerum
Customer's Name (prill;)
V/
Customer's Signature
the repaired Hardware Product to such Customer as soon as repairs are
completed, at no charge to Customer. Customer acknowledges that there is no
guaranteed rurnaround time for repairs made under either plan.
3. Repair/Catastrophic Damage. Upon receipt of the Hardware to be repaired
from a Customer who is a "Gold Plan" participant, and unless the damage to the
Hardware is considered by Stromberg to be catastrophic, Stromberg shall repair
the Hardware and return it to Customer, at which time Customer shall (if
applicable) ship the Loaner Equipment back to Stromberg, at Stromberg's' cost.
If Stromberg considers the damage to the Hardware to be catastrophic,
Stromberg reserves the right to permanently replace the Hardware \\~th the
Loaner Equipment. If Stromberg determines that a "Bronze Plan" participant's
Hardware has catastrophic damage, Customer will be notified and given the
opporrunity to purchase replacement Hardware.
4. Limitation on Maintenance Obligation. Article IV shall not cover Hardware
failures resulting from fire, flood, lightning, or other catastrophe, accident,
neglect, theft, intentional act, misuse, or negligence. Article IV shall not cover
Hardware failures resulting from modification or misuse of the Hardware by the
Customer or any tI,ird party.
5. Renewal Option. Stromberg shall continue to provide the hardware
maintenance services described in this Article IV and Customer shall pay for
such services at Stromberg's then-current list prices for such maintenance
services for successive one-year periods, unless Customer notifies Stromberg in
writing more than 30 days prior to the end of the initial year of Hardware
support (or of each succeeding anniversary date thereafter) that Customer does
not wish for Stromberg to continue providing such services. Customer may
upgrade its Hardware support to the "Gold Plan" upon notice to Stromberg
more than 30 days prior to any such anniversary date, provided that the
increased benefits shall apply only to damage occurring after such anniversary
date. Any increase in support service rates for support of the Products will not
exceed 10% per year.
Article V - Training
Optional Training. At Customer's request, and at such time as Stromberg and
Customer shall murually agree, Stromberg will provide additional training to
employees or agents of Customer at Stromberg current rates.
Article VI - Miscellaneous
1. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of New York.
2. Modification. No modification of this Agreement shall be binding unless it is in
writing and signed by an authorized representati\'e of tile party against whom
enforcement of the modification is sought.
3. Notice. Any notice required or permitted under this Agreement shall be in
writing and delivered in person or sent by Certified Mail, Return Receipt
Requested, with proper postage affixed.
4. Invalidity. In the event that any term of this Agreement is or becomes or is
declared to be invalid or void by any Court or tribunal of competent jurisdiction,
such term or terms shall be null and void and shall be deemed severed from this
Agreement and all the remaining terms of this Agreement shall remain in full
force and effect.
5. Entire Agreement. This Agreement is tile complete statement of Stromberg's
obligations and responsibilities to Customer and supersedes any other proposal,
representation or communication by or on behalf of Stromberg regarding this
subject matter.
6. Attorneys' Fees. In the event any litigation or arbitration between the parties
arises out of or results in connection with this Agreement, the prevailing party in
such proceeding shall be entitled to recover from the other party its reasonable
attorneys' fees and expenses, including appellate proceedings or post-judgment
collection proceedings.
7. Currency. All monetary amounts referenced herein are U.S. Dollars.
8. Jurisdiction and Venue. The parties hereto submit to the exclusive jurisdiction
of courts located in Monroe County, New York for any suit or proceeding for
enforcement or interpretation of this Agreement.
9. Extended Payment. Any increase in support service rates for support of the
Products \\~1I not exceed 10% per year.
Title
Mayor
Februarv 16. 2006
Date
For Stromberg Support, call 1-407-333-7376
Page 3 of 4
SL0094 12/04
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AMENDMENT TO STROMBERG ORDER FORM AND STROMBERG AGREEMENT
This Amendment is of even date with and amends the Stromberg Order Form (the "Order
FOIm") and the Stromberg Agreement by and between City of Sunny Isles ("Customer") and
Stromberg ("Stromberg"), (the "Agreement").
WHEREAS, Stromberg has provided to Customer an Order FonTI and an Agreement containing
certain terms and conditions for the purchase of Software and Services ("the "Products"); and
'WHEREAS, the parties now desire to amend certain material tenTIS of the Order Fonn and the
Agreement.
NOW THEREFORE, in consideration of mutual promises contained herein and other valuable
consideration, the parties hereby agree as follows:
Article I, Section I. Change "are non-cancelable" to "subject to the approval of the City
Commission".
AI1icle I, Section 6.D.i. Change "or causes other than nonnal and intended use" to "or causes
other than use as an employee time and attendance system".
AI1icle II, Section S.D. Delete "and for three years after tennination of the License".
AI1icle III, Section 4. Delete "or at the then-cun'ent list price for these services,".
Article IV, Section 5. Change "Stromberg's then current list prices for such maintenance" to
"the rate specified in the order capped at an increase of 5% per year".
AI1icle VI, Section I. Change "N ew York" to "Florida".
Article VI, Section 8. Change "Monroe County, New York" to "Miami-Dade County, FIOIida".
STROMBERG
By:
Name:
Name:
s. Edelcup
Title:
Title:
Mayor
Date:
Date:
February 16, 2006
APPROVED AS TO FORNI
LEGAL SUFFICIENCY
S\B
Page 4 of 4
TO:
FROM:
DATE:
RE:
~
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City HolI
(305) 949-3113 Fox
(305) 947-2150 Building Department
(305) 947-5107 Fox
./f""
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
Lewis J. Thaler, Commissioner
Police Chief Fred Maas, Interim City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
Jean Watson, Finance Director
Priscilla Walker, Deputy City Cler?W~
February 22, 2006
Stromberg Time and Attendance Software, Hardware and Services Agreement
At its regular meeting of February 16, 2006, the City Commission adopted Resolution No.
2006-883, which approved an agreement with Stromberg for automated time and attendance
software, hardware, and services. Attached are the two (2) original agreements, which need to
be signed by Stromberg, and a copy of the approving resolution.
Please have the vendor sign the agreements and then return one executed, original agreement to
my attention.
Thank you.
:pw
Attachments
cc: Police Chief Fred Maas, Interim City Manager (memo only)
Hans Ottinot, City Attorney (memo only)
Shaun Gelvez, Contracts Administrator
Stromberg Time & Attendance Reso Trans
AMENDMENT TO STROMBERG ORDER FORM AND STROMBERG AGREEMENT
L
This Amendment is of even date with and amends the Stromberg Order Form (the"Order
Form") and the Stromberg Agreement by and between City of Sunny Isles ("Customer") and
Stromberg ("Stromberg"), (the"Agreement").
WHEREAS, Stromberg has provided to Customer an Order Form and an Agreement containing
certain terms and conditions for the purchase of Software and Services ("the"Products"); and
WHEREAS, the parties now desire to amend certain material terms of the Order Form and the
Agreement.
NOW THEREFORE, in consideration of mutual promises contained herein and other valuable
consideration, the parties hereby agree as follows:
Article I, Section 1. Change "are non-cancelable" to "subject to the approval of the City
Commission".
Article I, Section 6.D.i. Change "or causes other than normal and intended use" to "or causes
other than use as an employee time and attendance system".
Article II, Section 5.D. Delete"and for three years after termination of the License".
Article III, Section 4. Delete"or at the then-current list price for these services,".
Article IV, Section 5. Change "Stromberg's then current list prices for such maintenance" to
"the rate specified in the order capped at an increase of 5%per year".
Article VI, Section I. Change"New York" to "Florida".
Article VI, Section 8. Change"Monroe County, New York"to "Miami-Dade County, Florida".
STROMBERy CITY OF F SUNNY ISLES B ACH
`i
By: (9 _ Bv: / 4%
X/l
Name: .Se—Vha" ue
yTekf 1n Name: Norman S. Edelc
Title: -WCS ed��e f1 Title: Mayor
Date: 0Z.lp�44 Date: February 16, 2006
APPROVED AS TO FORM APPROV ! AS TI FORM AND
LEGAL SUFFICIENCY L - d` , CY
A_." ahA
•ans 1 not, City Attorney
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