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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" \~I_;11C:)c:J l [I( ~::,i,( ~J'( ~r:: , JI;- f' ( ('if ~i ") .(', ('(j;,(; 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