HomeMy WebLinkAboutReso 2008-1351
RESOLUTION NO. 2008-1.?l2l
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE
RENEW AL OF THE ANNUAL SERVICE AGREEMENT
WITH SUNGARD PUBLIC SECTOR, INC. TO PROVIDE
TECHNICAL SUPPORT AND SOFTWARE UPGRADES FOR
THE POLICE DEPARTMENT COMPUTER SYSTEM, IN AN
AMOUNT NOT TO EXCEED FIFTY-THREE THOUSAND
EIGHT HUNDRED THIRTY-EIGHT DOLLARS AND SIXTY
CENTS ($53,838.60), ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach was in the process of implementing a
Computer Aided Dispatch, a Records Management System and a Mobile Data System
("System") at the Police Department to enhance the Department's technological capabilities and
provide greater accuracy with documenting police calls for service, officer productivity, as well
as minimizing data handling; and
WHEREAS, on May 18, 2006, via Resolution No. 2006-919 the City Commission
approved an agreement with SunGard HTE, Inc. (SunGard) to obtain a perpetual, non-exclusive,
nontransferable license for the use of certain computer software and related software technical
support services to assist the Sunny Isles Beach Police Department in the implementation of the
System; and
WHEREAS, the City Commission now desires to renew the Annual Service Agreement
in an amount not to exceed Fifty-Three Thousand Eight Hundred Thirty-Eight Dollars and Sixty
Cents ($53,838.60) for technical support and software upgrades of the Police Department's
computer system.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Renewal of Annual Agreement. The Annual Service Agreement,
attached hereto as Exhibit "A", with Sungard Public Sector, Inc. for technical support and
software upgrades of the Police Department's computer system, in an amount not to exceed Fifty-
Three Thousand Eight Hundred Thirty-Eight Dollars and Sixty Cents ($53,838.60) 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 this Resolution.
R2008- Sun/,>anJ HTE-OSST Police Software j\laintenance A/,'l11tPage 1 of 2
Section 4.
Effective Date. This Resolution will become effective upon adoption
PASSED AND ADOPTED this 18th day of November 2008.
~ Ii
lf11tnd {.j,
Norman S. Edelcup, May
ATTEST:
~
C, City Clerk
TO FORM
FFICIENCY:
Moved by: rJD~ s:c.\-{bLL
Seconded by: y, c.e ((\~v T H ~ ~
Vote: S-o
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
V{Y es)
:;)Y es)
CY es)
-;:7 CY es)
V"CYes)
_(No)
_(No)
_(No)
_(No)
_(No)
R2008- Sunh'<lrd IITE-OSS! Police Software Maintenance Ah'l11tPage 2 of 2
SUNGARD"
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STATEMENT LETTER
October 8. 2008
C<lpt. :\1 ike Gr<Jndinetti
City of Sunny Isles Be<lch Police Dept
18070 Collins j\\enue
SUNN'y' ISLES BEACl-I, FL 33 J 60
Attention: C<lpt. ~]ike Grandinetti
Atl<lched is <I st<ltement of your account with SunGard Public Sector Inc. as of month-end September.
Ifyoll have questions regarding the invoices listed herein or need additional assist<lnce, please
contact one of us in Accounts Receiv<lble toll-free at 1-800-727-8088. We're <III gbd to hclp.
Sandra Frelllnd. extension 3273 for Client 1'\0. 5136 - 5284 <IS referenced on the next page:
.Ienn<l MulllIls. extension 3130 for Client No. 5285 - 5756:
Linda Hickman, extension 3448 for Client No. 5757'~.
Slncere!y.
L Ind:~ Ii ic krn:m
.'\ccolln:s Receiv<lble Supervisor
SlInGard Public Sector Inc.
OSSl Public SafelY Solutions
SPECfAL NOnC!:.: TO FfNANCEiACCOUNTS PA fABLE: Please include inmice Ilumbers Oil a//
remiltallce. For mulll purposes, this detailed information is required ill order to post your {Jm"/1ll!nts.
~)ll'l:~l,lrd ~':.Jh:IC ~'('I~to~' !~l . ] ()O() BlJsi!:ess (c'!'lter Drive. Lah: [\'1;lry, ~L J~746
Exhibit "A"
SUNGARD" PUBLIC SECTOR
Invoice
1000 Business Center Drive
Lake Mary, FL 32746
800-727 -8088
www.sungard.com/publicsector
Company
400
Document No
13764
Date
28/Aug/2008
Page
1 of 2
Bill To City of Sunny Isles Beach
Police Department
18070 Collins Avenue
SUNNY ISLES BEACH, FL 33160
United States
Attn: Cap!. Mike Grandinetti
Ship To:
City of Sunny Isles Beach
Police Department
18070 Collins Avenue
SUNNY ISLES BEACH, FL 33160
United States
Attn: Cap!. Mike Grandinetti
Customer Grp/No.
5703
Customer Name
City of Sunny Isles Beach
Customer PO Number
Currency
USD
No SKU CodelDescription/Comments
Contract No 20060200
0551 Base Computer Aided Dispatch System
Maintenance. Start 01/0ct/2008, End 30/Sep/2009
2 0551 First CAD Map Display and Map Maintenance Software License
Maintenance Start 01/0ct/2008. End 30/Sep/2009
3 0551 Additional CAD Map Display Client license
Maintenance Start 01/0ct/2008, End 30/Sep/2009
4 0551 CAD Resource Monitor Display license with Maps Client
Maintenance Start 01/0ct/2008, End 30/Sep/2009
5 0551 Client Base Records Management System
Maintenance: Start 01/0ct/2008, End: 30/Sep/2009
6 0551 Basic Accident Module
Maintenance Start 01/0ct/2008, End 30/Sep/2009
7 0551 Accident Wizard Base Server License
Maintenance Start 01/0ct/2008, End. 30/Sep/2009
8 0551 Accident Wizard Workstation license Client
Maintenance: Start. 01/0ct/2008, End 30/Sep/2009
9 0551 RMS Map Display and Pin Mapping License
Maintenance Start.01/0ct/2008, End 30/Sep/2009
10 0551 Property and Evidence Module
Maintenance Start 01/0ct/2008, End 30/Sep/2009
11 0551 Bar Coding Server License
Maintenance Start 01/0ct/2008, End 30/Sep/2009
12 0551 Bar Coding Hand-Held Client license (Each)
Maintenance Start 01/0ct/2008, End 30/Sep/2009
13 0551 Training Module
Maintenance Start 01/0ct/2008, End 30/Sep/2009
14 OSSl's Integrated State/NCIC Messaging Software Switch
Maintenance Stan 01/0ct/2008, End: 30/Sep/2009
Terms Due Date
NET30 27/Sep/2008
Units Rate Extended
1.00 5.06100 5,06100
1.00 649.00 64900
1.00 185.00 18500
300 185.00 555.00
1.00 9,146 00 9,146.00
1.00 74200 742.00
100 824.00 82400
5000 2472 1,236.00
1.00 989 00 989 00
100 906.00 906.00
1.00 906.00 906.00
1.00 263.00 263 00
1.00 577.00 57700
1.00 3,70800 3,708.00
Page Total I 25,74700 ,
SUNGARD" PUBLIC SECTOR
1000 Business Center Drive
Lake Mary, FL 32746'
800-727 -8088
www.sungard.com/publicsector
Company
400
Bill To City of Sunny Isles Beach
Police Department
18070 Collins Avenue
SUNNY ISLES BEACH, FL 33160
United States
Attn: Capt. Mike Grandinetti
Ship To
Customer GrplNo.
5703
Customer Name
City of Sunny Isles Beach
Customer PO Number
Currency
USD
No SKU Code/Description/Comments
i5 OSSI Base Mobile Server Software Client
Maintenance Start 01/0ct/2008. End 30/Sep/2009
16
OSSI Client License for Message Switch
Maintenance Start 01/0ct/2008, End 30/Sep/2009
17
OSSI Mobile Field Reporting Client - LAN Version
Maintenance Start 01/0ct/2008. End 30/Sep/2009
18
OSSI MCT Client for Digital Dispatch
Maintenance Start 01/0ct/2008, End 30/Sep/2009
19
OSSI Mobile Client Maps
Maintenance Start 01/0ct/2008, End 30/Sep/2009
20
OSSI License of Incident/Offense Field Reporting Module Client
Maintenance Start 01/0ct/2008, End 30/Sep/2009
21
OSSI - MFR Client - Accident Reporting
Maintenance Start: 01/0ct/2008, End 30/Sep/2009
22
ass I Review Module for Field Reporting
Maintenance Start 01/0ct/2008, End 30/Sep/2009
Remit Payment To SunGard Public Sector Inc
Bank of America
13296 Collection Center Drive
Chicago, IL 60693
PSA Reference Number
Invoice
Document No
Date
28/Aug/2008
Page
2 of 2
13764
City of Sunny Isles Beach
Police Department
18070 Collins Avenue
SUNNY ISLES BEACH, FL 33160
United States
Attn: Cap!. Mike Grandinetti
Terms
Due Date
27/Sep/2008
NET30
Units Rate
100 3,70800
3.00 5560
2.00 82.40
50.00 16400
50.00 3296
50.00 16400
50.00 82.40
1.00 2,88400
Page Total I
Extended
3,70800
16680
16480
8.20000
1,64800
8,20000
4,12000
2,88400
29,09160 I
Subtotal I
54,83860
Sales Tax
000
Invoice Total
54,83860
Payment Received
Balance Due I
000
54,83860
"." ~ Ii "",!l.~ Ill, /q nt' 0 U' E~ I ,'C <::; I::'"~ -1" () 17
,;)II,,JJ !;"i (.~.i'oJI I', ;'loW I _ L_ _J ',,' l_ '-._. _ t,
i ()(I(: 811sille~_<, Ct;ntcr Clrjv(~
u1kc [\i!a'v. [' L ,Q746
Statement
\:\,V\j\,f\. ~~Uj.lgC1!-d .1:Cinl/p\ rhlicsector
Date Page
10/8/08 1
(;00 72/80f~8
Bill To: City of Sunny Isles Beach
Police Department
18070 Call ins A venue
SUNNY ISLES BEACH, FL 33] 60 USA
Attn: Capt. Mike Grandinetti
Client #: 5703
'I Transaction
Date
[nvoice
Number
Type
Company
Code
Terms
Due Date
Cha rges
Payments/
Credits
Balance
8/28/08
13764
Invoice
400
NET30
9/27 /08
$54,838.60
$54,838.60
Total Outstanding: $54,838.60
~
SunGard Public Sector Ine. . Bank of America
13296 Collection Center Drive. Chicago, IL 60693
CITY OF SUNNY ISLES BEACH
SUNGARD LICENSED PROGRAM(S) SUPPORT
CONSULTANT AGREEMENT
CONTRACT NO. C0506-45-2
THIS LICENSED PROGRAM(S) SUPPORT AGREEMENT (this "Agreement") is entered into
this I ~-k, day of _M ~ ' 2006, by and between the City of Sunny Isles Beach, a
political subdivision of the tate of FloIlda, whose address IS 18070 Collms Avenue, Sunny Isles
Beach, F L 33160, (hereafter referred to as "Customer"), and SunGard HTE Inc., having its
principal place of business at 1000 Business Center Drive, Lake Mary, FL .32746, (hereafter
refened to as "SunGard").
WITNESSETH:
WHEREAS, SunGard and Customer entered into that certain SunGard Software License
Agreement dated of even date herewith (the "License Agreement") under which Customer
obtained a perpetual, non-exclusive, nontransferable license to use certain computer software in
object code form and related user documentation on celtain terms and conditions;
WHEREAS, Customer desires to receive the Support, as defined herein, from SunGard
and SunGard desires to render the Support to Customer with respect to the Licensed Program (as
hereinaftel defined) on the terms and conditions set forth herein;
NOW THEREFORE, in consideration of the premises hereof; and the mutual obligations
herein, the parties hereto, intending to be legally bound, hereby agree as follows:
SECTION 1
DEFINITIONS
For the purposes of this Agreement, the following definitions shall apply to the respective
capitalized terms:
1 1 "LICENSED PROGRAM." "Licensed Program" means the software identified in a
sch~du1e, supplement or amendment to the License Agreement between the parties
(Schedules), including any extracts from such software, derivative works of such
softwar'e, or collective works constituting such softwar'e (such as subsequent Releases)
to the extent offered to Customel under this Agreement or License Agreement. This
excludes computet software not developed by SunGar-d which might be used in
conjunction with the SunGard Public Safety Licensed Program, such as word
processors, spreadsheets, terminal emulators, etc.
1 .2 "MODIFICATION." "Modification" means a change to the Licensed Program
requested by Customer to meet its specific needs and use, adding value, functionality
and/or desirability for Customer
C0506-45-2 SunGard Licensed Program(s) Support Consultant Agreement
J'>/
~
City afSunny Isles Beaell
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
1..3 "AGREEMENT TERM." An initial period shall commence upon execution of this
Agreement and extend for a period of one year. Thereafter, the Customer shall have the
sole option to extend the Agreement for two, one-year terms, unless this Agreement is
terminated sooner ptusuant to Section 9 hereof Payment of the invoice for annual
application support shall constitute Customer's election to renew this Agreement for an
additional one year term. In no event, however, shall the Agreement Term extend
beyond the prescribed term of the License Agreement
I A "ERROR." Any failme of the Licensed Program to conform in all material respects to
the functional specifications for the Licensed Program published from time to time by
SunGard. However, any nonconformity resulting from Customer's misuse or improper
use of the Licensed Program or combining or merging the Licensed Program with any
hardware or software not supplied by SunGard, or not authorized to be so combined or
merged by SunGard, shall not be considered an Error Nor shall Licensed Program or
data file damage resulting from unauthorized software alterations (including problems,
errors, or malfunctions caused or created by the operator), customizing of programs,
accident, neglect, power stuge or fililUte, lightning, operating environment not in
conformance with the manufactmer's specifications (for electric power, air quality,
humidity or temperature), operating system errors, or hardware malfunction be
considered an Enol..
1.5 "ERROR CORRECTION." Either a software modification or addition that, when made
or added to the Licensed Program, establishes material conformity of the Licensed
Program to the functional specifications, or a procedme or routine that, when observed in
the regular opetation of the Licensed Program, eliminates the practical adverse effect on
Customer of such nonconformity Not covered under Error Correction is the
responsibility for data file damage due to software or hardware malfunction..
16 "ENHANCEMENT." Any modification or addition that, when made or added to the
Licensed Program, materially changes its utility, efficiency, functional capability, or
application, but that does not constitute solely an Euor Correction Enhancements may be
designated by SunGard as minor or major, depending on SunGard's assessment of their
value and of the function added to the preexisting Licensed Program,
1.7 "COVERAGE HOURS." Monday through Friday 7:00 A.M to 6:00 PM, Eastern
Standard Time, excluding holidays, for any questions regarding the Licensed Program(s)
included in this Agreement. For a Major Application Problem for which such coverage is
so specified in the Supplement Schedule A contract #20060200, or so specified in any
subsequent Supplement Schedule A executed between the parties, SunGard coverage
hoUts will be 24-homs per day, 7-days per week.
1.8 "RESPONSE TIME." Within Eight (8) hoUts of the Coverage HoUts from the time that
SunGard verifies that an Enor is present, SunGard will initiate work toward development
of an Error Correction for a Major Application Problem. Minor Application Problems
will be fixed within the next scheduled Licensed Program Release
2
C0506-45-2 SunGard r.. icensed Program(s) Support Consultant Agreement
S\B
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
19 "LICENSED PROGRAM RELEASES." New versions of the Licensed Program,
which new versions may include both Enor Corrections and Enhancements,
1.10 "SYSTEM ADMINISTRATOR." An agent of Customer with sufficient training andlOl
experience with the Licensed Program to communicate effectively with the SunGard
S UppOlt personnel..
1.11 "MAJOR APPLICATION PROBLEM." The Licensed Program is not functioning to
the point that the Licensed Program is the cause of the Customer not being able to enter
CAD calls, dispatch units, or update unit status in the Base CAD system, Therefore, the
Base CAD system is down 01 non-operational because of the Licensed Program as
determined by SunGard
1.12 "MINOR APPLICATION PROBLEM." The Licensed Program functions with
inconveniences or programmatic error; however, the Licensed Program has not stopped
Customers' daily operations
1 13 "NON APPLICATION PROBLEM" is a problem, which is determined by SunGard to
have been caused by a source other than the Licensed Program, such as hardware failure,
network malfunction, etc,
SECTION 2
ELIGIBILITY FOR SUPPORT
To be eligible for SUPPOlt for a Licensed Pr ogram, Customer must meet the following
requirements Acceptance of this Agreement by SunGard is conditioned upon confirmation by
SunGald that the Licensed Program is eligible for support, SunGard's Execution of the License
Program Agreement shall serve as written confirmation to Customer that SunGard's Licensed
Program is eligible fOl support.
To be eligible for SUppOlt for a Licensed Program, Customer must meet all of the following
requirements:
a Customer has a valid Software License Agreement for the Licensed Program.
b. Customer has a System Administrator.
c. The hardware configuration on which the Licensed Program is to be used is
sUPPOlted by SunGard.
d. Customer is, and remains, in compliance with the schedule of payments.
SunGard shall notify Customer if SunGard determines that the System Administrator does not
have the training or experience necessary to communicate effectively with the SunGard SUppOlt
personnel SunGard may recommend that Customer appoint a new System Administrator.
3
C0506-45-2 SunGard licensed Program(s) Support Consultant Agreement
SIR
City of Sunny Isles BeaC11
18070 Collins A venue, Sunny Isles Beach, Florida .33160
(305) 947-0606 phone (305) 949-3113 Fax
SECTION 3
SCOPE OF SERVICES
3 .1 During the Agreement Term, SunGard shall render the following services in support of
the Licensed Program, dLUing Coverage Hours, subject to the compensation fixed for
each type of service in SunGard's CLUrent rate schedule:
a. SunGard shall maintain a program control center capable of receiving by
telephone any operator reports of system irregulmities.
h, SunGard shall maintain a telephone hot line that allows Customer to report system
problems and seek assistance in use ofthe Licensed Program..
c SunGard shall maintain a trained staff capable of rendering the services set forth
in this Agreement
d, SunGmd shall be responsible for using all reasonable diligence in correcting
verifiable and reproducible Errors when reported to SunGard in accordance with
SunGard's standard reporting procedures SunGmd shall, after verifying that such
an Error is present, initiate work, within Response Time, in a diligent manner
toward development ofan ElI'or Correction. Following completion of the Error
Correction, SunGard shall provide the Error Correction through a "temporary fix"
consisting of sufficient programming and operating instructions to implement the Error
Correction and SunGard shall include the ElI'or Correction in all subsequent Releases of
the Licensed Program. SunGard shall not be responsible for correcting Errors in any
version of the Licensed Progr am other than the most recent Release of the Licensed
Program. SunGard shall continue to support prior Releases superseded by recent Releases
for a reasonable period sufficient to allow Customer to implement the newest Release, not
to exceed 180 days.
e SunGard may, from time to time, issue new Releases of the Licensed Program to its
customers generally, containing Error Corrections, minor Enhancements, and, in certain
instances if SunGard so elects, major Enhancements SunGard shall provide Customer
with one copy of each new Release, without additional char'ge.. SunGard shall provide
reasonable assistance to help Customer install and operate each new Release, provided
that such assistance, if required to be provided at Customer's facility, shall be subject
to the supplemental chmges set forth in SunGard's current rate schedule, as mutually
agreed to by S unGard and Customer.
f Subject to space availability and training fees, Customer may enroll its employees in
SunGard's training classes
g. SunGard shall consider and evaluate the development of Enhancements for the specific
use of Customer and shall respond to Customer's requests for additional services
pertaining to the Licensed Program (including, without limitation, data conversion and
report-formatting assistance), provided that such assistance, if agreed to be provided, shall
be suqject to supplemental charges mutually agreed to by SunGmd and Customer..
h SunGard's software support is intended exclusively for SunGard's Licensed Program(s);
however, SunGard can optionally provide first line support for selected operating systems
where SunGard has an agreement with the supplier. If the Customer elects to contract
with SunGard for this service, SunGard shall first evaluate the system and submit a written
4
C0506-45-2 SunGard licensed Program(s) Support Consultant Agreement
SIB
1-
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
confirmation to Customer advising Customer of SunGard familiarity with the other
vendor's system and SunGard's ability or inability, to provide technical support If Parties
enter into an agreement to provide technical support for another vendor's system, SunGard
shall make a good faith effort to find solutions to operating system problems However,
Customer must be aware of the following facts:
1 . In some cases, Customer is in a much better position to deal with operating system
issues because they are on-site and because of technical expertise they may have, In these
cases, SunGard recommends that they work directly with the appropriate operating
system vendor on these matters. SunGard will still be available to provide assistance
whenever needed.
2, SunGard is required to work with the company that supplied the operating system. If
that company fails to provide quality support, SunGard will not be able to provide quality
support to our customers.
3. Some operating system problems can only be solved on-site If and when this
situation occurs, SunGard personnel will travel to Customer's site with Customer's
approval Customer will be billed according to the SunGard's professional services fee
Schedule Plus the Customer will be billed for travel expenses and comprehensive per
diem All costs shall be pre-approved by Customer prior to delivery of on-site services.
4 In the event that a bug is identified in the operating system, SunGard will
immediately report the problem directly to the provider. SunGard will advise Customer
of vendor's schedule for fixing the problem
5" If enhancement requests are made to SunGard for changes to the operating system,
SunGard will pass them along to the provider SunGard can make no commitments as to
when, or if~ the enhancements will be included in future releases
6. SunGard will provide assistance with operating system upgrades via phone but
Customer is responsible for obtaining the upgrade from the vendor and paying any
required fee..
7 Most operating system upgrades require on-site assistance The fee for on-site
assistance is not included with SunGard software support, SunGard shall not deliver on-
site services to Customer until such fees are pre-approved by Customer.
8., SunGard must approve all operating system upgrades in advance to verity that the
upgrade is necessary and compatible with the SunGard Licensed Prograrn(s).
.3.2 The following items are specifically not covered by this Agreement:
5
C0506-45-2 SunGard licensed Program(s) Support Consultant Agreement
SIB
City of Sunny Isle.s Beach
18070 Collins Avenue, Sunny Isles Beach, F lor ida 33160
(305) 947-0606 phone (305) 949-3113 Fax
a Any hardware failure including, but not limited to, failure caused by wiring, multiplexers,
modems, phone lines, power, or connector s. Also, any hardwaxe limitations due to
insufficient memory, disk storage or processing power
b.. Any problems caused by hardware failure
c. Any work required to restore or recover the operating system and/or data files.
d. Any problem caused by an operator.
e Configuring, maintaining, and upgrading the operating system including, but not limited
to, backups and restores, fixes, and patches.
f. Any problems caused by incorrectly installed, configured, or maintained operating
system, or versions of the operating system not supported by SunGard
g, Problems with, or caused by any software not supported by SunGard, including, but not
limited to, SNA, word processors, terminal emulators, etc.,
h System software installations made by the Customer without authorization of SunGard
such as installing a new Windows SQL version
SECTION 4
OBLIGATION OF CUSTOMER
4 1 Customer shall provide, without charge to SunGard, access to its facilities in connection
with the performance of SunGard of its obligations hereunder. Unless service is initiated
by Customer, no less than forty-eight (48) hours prior notification shall be given to
Customer when access is required by SunGard,
4..2 Customer must provide SunGard with information sufficient for SunGard to duplicate the
circumstances under which a Problem in a Licensed Program became apparent
4.3 Customer must maintain a CUllent license of PC AnyWhere, a dedicated 56 KB modem
and data set connected to the direct dial network near each Application Server used with
a Licensed Program being maintained by SunGard hereunder and provide access to a
voice grade local telephone, The Customer is responsible to reimburse SunGaxd for all
long-distance toll charges when connected to their network via modem or provide the
resources necessary for SunGard to access the Customer's system via the Internet at no
cost to SunGard.. A cuuent license of PC AnyWhere, a dedicated 56 KB modem and data
set connected to the Message Switch server is required.
44 A representative of Customer must be present when anyon-site support is provided.
StmGard shall schedule the on-site service appointment with Customer prior to the
SunGard representative's arrival at Customer site to deliver on-site services. Customer
agrees that if such representative is not present when the SunGard representative arrives
on site, no work will be performed and Customer will be charged for such SunGard
representati ve
4.5 All communications by Customer to SunGard must be in the English language.
6
C0506-45-2 SunGard Licensed PlOgram(s) Support Consultant Agreement
SIB
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
4.,6 Customer is responsible for providing one or more qualified System Administrators as
described in Section 5 At least one of these System Administrators must be available at
all times.
4 7 Customel is responsible to support and maintain all system software. Customer shall
NOT upgrade the operating system or third palty softwal'e identified as integral to the
operation of Sun Gar d's Licensed Programs without approval from SunGard,
SECTION 5
SYSTEM ADMINISTRATOR REQUIREMENTS
5.1 Each System Administrator must be ceItified by SunGard by completing the following:
a. Operating System training by eitheI SunGard or by a ceItified Microsoft ttaining
organization. This course work must include Administrating Windows 2000 Workstation,
Administrating Windows 2000 Servel, Windows SQL Administration (or the most
cunent version supported by SunGard at the time of installation) and other courses
determined at the installation planning session based on the experience of the individuals.
b SunGard's application administlation and code file course for each Licensed ProgIam.
c SunGard's application training courses for each Licensed ProgIam.
52 Each System Administlator must meet with a SunGard Project ManageI to review and
sign on each of SunGald's "Licensed Program(s) and/or Services Delivered" list.
5.3 Each System Administrator must be identified in an Attachment 1 properly signed by
both Customer and SunGald, as may be amended from time to time by the CustomeI,
5 A Each System Administrator must be qualified to address, without the aid of SunGald, all
problems relating to any haldwar'e, softwale or operating system not directly associated
with the Licensed Progtam(s).
5.5 Calls received by anyone not identified in an Attachment 1 are not covered by this
Agreement and al'e therefore subject to hourly fees, and are not subject to minimum
Response Time, unless Attachment 1 was previously amended by the Customer to
include the new caller's name.
56 Each System Administrator must attend all of SunGard's Licensed ProgIam training
SECTION 6
FEES AND CHARGES
6.1 Customer shall pay SunGard its fees and charges based on a Fee Schedule approved by
the Customer and attached hereto as Schedule '"A" Additional Licensed ProgIams may
be added to this Agreement by the Schedules, with the consent and approval of Customer
7
C0506-45-2 SunGard Licensed Program(s) Support Consultant Agreement
SIB
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
SunGard reserves the tight to change its Support fees, provided that no such change will
be effective until at least 30 days after SunGard has given Customer WIitten notice of
such change by means of an invoice. In addition to the foregoing changes in Support
Fees, fee changes will also result from changes in (1) Software prices, (2) Increases in the
number of modules of a Licensed Program, (3) Increases in the number of users on the
system, (4) Changes in the computer hardware or (5) Selection by Customer of different
Coverage Hours, No such changes shall be effective until at least 30 days after SunGmd
provides Customer WIitten notice of such changes,
6.2 SunGard shall invoice Customer at the beginning of each contract yem for all Support
fees All Customer approved reimbursable expenses incurred shall be invoiced at the
beginning of the next calendm' month. Customer shall pay the invoiced amounts within
thirty (30) days after receipt of the invoice.
63 Customer shall be responsible for procuring, installing, and maintaining all equipment,
telephone lines, modems, communications interfaces, and other hmdware necessmy to
operate the Licensed Program and to obtain from SunGard the Services called for by this
Agreement
6.4 Customer agrees to pay additional chmges according to the SunGmd fee schedule for all
work performed outside of Coverage Hours, These charges me applicable for any wOIk
performed after hours Customer authOIization is required for any wOIk outside of
coverage hours that results in additional charges
6.5 On-site assistance will be performed as requested by Customer However, Customer will
be billed according to the SunGard fee schedule for travel expenses and comprehensive
per diem,
SECTION 7
PROPRIETARY RIGHTS
71 To the extent that SunGard may provide Customer with any Error Conections or
Enhancements OI any other software, including any new softwme programs or
components, or any compilations or derivative works prepared by SunGmd (collectively,
"Vendor Programs"), Customer may (1) install one set of the Vendor Programs in the
most current fOIm provided by SunGmd, in Customer's own facility; (2) use such Vendor
Programs in connection with the Licensed Programs and in a manner consistent with the
requirements of the License Agreement, for purposes of serving Customer's internal
business needs; and (3) make one copy of the Vendor Programs in machine-readable
form for nonproductive backup purposes only. Customer may not use, copy, or modify
the Vendor Programs, or any copy, adaptation, transcription, or merged portion thereof,
except as expressly authorized by SunGmd su~ject to the disclosure requirements of
Chapter 119, Florida Statutes Upon termination of such License Agreement, Customer
shall return or destroy the Vendor Programs, and returning the Vendor Programs in the
manner required by the License Agreement shall be sufficient for such purposes.,
8
C0506-45-2 SunGard Licensed Program(s) Support Consultant Agreement
SIR
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida .3 3160
(305) 947-0606 phone (305) 949-3113 Fax
'72 The Vendor Programs are and shall remain the sole property of SunGard, regardless of
whether Customer, its employees, or contractors may have contributed to the conception
of such work, joined in the effort of its development, or paid SunGard for the use of the
work product. Customer shall from time to time take any fuIther action and execute any
further instrument, including documents of assignment or acknowledgment that SunGard
may reasonably request in order to establish and protect its exclusive ownership rights in
such works, Customer shall not assert any right, title, or interest in such works, except for
the non-exclusive right of use granted to Customer at the time of its delivery or on-site
development
SECTION 8
DISCLAIMER OF WARRANTY AND LIMIT A TION OF LIABILITY
8.1 To the extent permitted by law, and to the extent provided for under this Agreement, for
claims related to bodily injrny, death and damage to real property and tangible personal
property, including damage to Customer's data or server, SunGard shall indemnifY and
hold harmless the Customer from and against all direct damages and costs of any kind,
including but not limited to reasonable attorney fees, arising out of or resulting from any
negligent acts, or negligent omissions of SunGard, regardless of whether such claims are
caused in part by any party indemnified hereunder, but not to the extent that the Customer
is legally liable for such damages and costs In no event, however, will SunGard be liable
for any consequential damages, including lost profits, savings or re-procurement costs,
even if SunGard has been advised of their possibility,
82 Except for SunGard's obligations to indemnify the Customer under infringement actions
and claims for personal injrny or damages to real or tangible personal property caused by
SunGard's negligence as noted above, SunGard's liability for damages to the Customer
for any cause whatsoever under this Agreement, regardless of the form of action, is
limited to the total amount offees paid by Customer under this Agreement, excluding any
fees associated with SunGard pr~ject management and related out-of-pocket expenses.
8..3 No action, whether based on contract, strict liability, or tort, including any action based
on negligence, arising out of the performance of services under this Agreement, may be
brought by either party more than one (1) year after such cause of action accrued.
8.4 SUNGARD DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED
AND REPRESENTATIONS WITH RESPECT TO THE LICENSED PROGRAM,
INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION
OR DESCRlPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS,
AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE
9
C0506-45-2 SunGard Licensed Program(s) Support Consultant Agreement
SIR
,"
City of Sunny Isle,s Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
SECTION 9
TERMINATION
9,1 This Agreement may be terminated as follows:
a,. This Agreement shall immediately terminate upon the termination of the License
Agreement;
b This Agreement may be terminated by Customer upon the expiration of the then-cUllent
term of this Agreement, provided that at least ninety (90) days prior written notice is
given to SunGard.. SunGard may terminate this Agreement upon the expiration of the
second term of this Agreement, provided that at least ninety (90) days prior written notice
is given to Customer; or
c.. This Agreement may be terminated by either paIty upon thirty (30) days prior written
notice if the other paIty has matelially breached the provisions of this Agreement and has
not cured such breach within such notice period..
9.2 Following termination of this Agreement, SunGaId shall immediately invoice Customer
for all accrued fees and chaIges and all reimbursable expenses Customer will pay
SunGard fOI wOIk actually perfOImed and approved reimbmsable expenses through the
termination date Customer may continue to use any work supplied to Customer by
SunGaId for the remaining term of the License Agreement,
SECTION 10
MISCELLANEOUS
10.,1 Each party acknowledges that it has read this Agreement, understands it, and agrees to
be bound by its terms. The parties further agree that this is the complete and exclusive
statement of the agreement of the paIties with respect to the subject matter hereof and
that it supersedes and merges all prior proposals, understandings, and agreements,
whether oral or written, between the parties with respect to the subject matter hereof. This
Agreement may not be modified except by a written instrument duly executed by the
parties hereto.
10.2 If any term 01' provision of this Agreement or the application thereof to any entity, person
OI circumstance shall, to any extent be held invalid or unenforceable, the remainder of
this Agreement, or the application of such term or provision to entities, persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby and each remaining term and provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by law.
10..3 The City's perfOImance and obligation to pay under this Agreement is contingent upon
an appropriation of the funds for this purpose by the City Commission
10
C0506-45-2 SunGard Licensed Program(s) Support Consultant Agreement
SIR
City ojSunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
lOA This Agreement may not be assigned except in conjlUlction with permitted assignment of
the SlUlGard Software License and Services Agreement.
105 Waiver of any breach or default herelUlder shall not constitute a continuing waiver or a
waiver of any subsequent breach either of the same or of another provision of this
Agreement.
10 6 Ihis Agreement shall be governed by laws of the State of Florida, Each party hereto
agrees to submit to the personal jUIisdiction and venue of the state and/or federal COUIts
in or for Miami-Dade County, Florida for resolution of all disputes in connection with
this Agreement.
10. '7 In the event that a lawsuit or legal action is instituted to enforce any terms or conditions
of this Agreement, each party shall pay its own costs and attorney's fees, including pre-
suit, uial and appellate proceedings,
10,8 Any notice required or permitted to be given lUlder this Agreement, shall be sufficient if
in WIiting and if sent by registered or certified mail, by overnight express, or by hand
delivery to SlUlGard or the City of SlUlUY Isles Beach at the addresses set forth as follows
or to any other address of which notice of the change is given to the Parties hereto.. A
notice shall be deemed received, regardless of any refusal of delivery, upon hand
delivery, two (2) business days after posting in United States Mail, or one (1) business
day after dispatch by overnight cOUIier:provided for herein shall be in WIiting and sent by
registered 01 certified mail, postage prepaid, addressed to the party for which it is
intended at the address set forth on the first page of this Agreement or to such other
address as either party shall flOm time to time indicate in WIiting. Any such notice
deemed to be effective upon receipt or five (5) days from the date of the mailing
whichever occurs first.
To: SlUlGard HIE Inc.
1000 Business Center Drive
Lake Mary, Florida 32746
Attn: Gil Santos, President and CEO
10: City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Attn: A, John Szerlag, City Manager
With a copy to:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Attn: Hans Ottinot, City Attomey
11
C0506-45-2 SunGard Licensed Program(s) Support Consultant Agr'eement
SIB
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
IN WITNESS WHEREOF, the patties have caused this Agreement to be executed by
theil duly authorized representatives as set fOlth below.
IN WITNESS WHEREOF, this Agreement is effective as of the date first written
above
WITNESS:
SUNGARD HTE INC.
4/~
~~ President and CEO
Print Name:
PIint Name:
(" " ~
ATTEST! ;~,'.
C"." './, ";[ -.
..' ,.\ 1\.';'" '<.
.';>.
...~I
. ...
Po..:..,,,,
I .
, )
APPROVED AS TO FORM AND
LEG FICIENCY
:00...,
. .
-. Jap'~ A. Htn~s: C .., City Clerk
,,' '>
,.',\ . ) ,
.. "......... ."
12
C0506-45-2 SunGard Licensed Program(s) Support Consultant Agreement
SID
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 949-3 1 1 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC City Clerk
MEMORANDUM
The Honorable City Commission
A. John Szerlag, City Manager
Edel Fonseca, LT. Director
Michael A. Grandinetti, Police Captain
November 18, 2008
Authorization to renew the annual service agreement with Sungard Public
Sector, Inc. in the amount of $53,838.60 for technical support and software
upgrades for the police computer system.
RECOMMENDATION:
It is recommended that the City Commission adopt the attached resolution authorizing the City
Manager to approve the expenditure of budgeted funds in the amount of $53,838.60 to Sungard
Public Sector, Inc. for an annual service agreement to include technical support and software
upgrades for the Police computer system.
REASONS:
The City entered into an agreement with Sungard-OSSI in May 2006 for the purchase of a state-
of-the-art Police computer system that provides the Police Department with a Computer Aided
Dispatch (CAD) System, Records Management System (RMS), Mobile Computing Terminals
(MCT) and a Mobile Field Reporting (MFR) System. This proprietary software solution has
proven to be the leader in public safety software in Miami-Dade County as well as many other
cities and states throughout the country. The annual service agreement provides annual software
upgrades as well as technical support throughout the year.
ADDITIONAL INFORMATION:
Sungard Public Sector, Inc. is also contracted by cities such as; A ventura, North Miami Beach,
Miami Gardens, Doral, Pinecrest, Miami-Dade School Police, Broward Sheriff's Office, Etc.
Funding for the above services were budgeted and are available under the Information
Technology budget, 10-559-5467.
Finance Department
Commission Meeting Date:
J 0 K.
1/- I ~vO~
Funding available:
Agenda Item No.:
Cm"er r,lcmo Sun!,'ard Public Sector Srv A!,'1TIt
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-31 13 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Edel Fonseca, Information Technology Director
Michael Grandinetti, Police Captain
A~
Jane A. Hines, CMC, City Clerk~
November 24, 2008
Approval of Renewal of the Annual Service Agreement with SunGard Public
Sector, Inc. to Provide Technical Support and Software Upgrades for the Police
Department Computer System
At its regular meeting of November 18, 2008, the City Commission adopted Resolution No.
2008-1351, which approved the above-referenced item. Attached is the approving legislation for
processing with the vendor.
Thank you.
Attachments
cc: A. John Szerlag, City Manager (memo only)
Doug Haag, Assistant City Manager/Finance (memo only)
Chief Fred Maas (memo only)
Sungard Renewal Of Agmt Memo