HomeMy Public PortalAbout10-8023 Sungard Pentamation Sponsored by: City Manager
RESOLUTION NO. 10-8023
RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH SUNGARD PENTAMATION TO UPGRADE THE
FINANCE PLUS AND COMMUNITY PLUS
SOFTWARE, ACQUIRE ADDITIONAL SOFTWARE
AND PROVIDE FOR TRAINING AT A COST OF
$23,940.00 PAYABLE FROM ACCOUNT #19-519541
AND ACCOUNT #14-512528; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Opa-locka, Florida, uses SunGard Pentamation software
in several departments; and
WHEREAS, the SunGard Pentamation Finance PLUS Software handles all of the
City's accounting functions, budgeting, accounts payable, purchasing and fixed assets;
and
WHEREAS, the SunGard Pentamation Community PLUS handles the utility
billing, code enforcement, occupational licensing, permits and alarm billing; and
WHEREAS, the current software was purchased in 2005, and has since had two
(2) upgrades to the software; and
WHEREAS, the City of Opa-locka desires to upgrade to the current software, to
acquire additional software and provide training; and
WHEREAS, the software is available at no cost and is part of the City of Opa-
locka's Maintenance Agreement with SunGard Pentamation; and
WHEREAS, the installation and the training of the software will cost the City of
Opa-locka$23,940.00; and
Resolution No. 1 0-8 0 2 3
WHEREAS, the City Commission of the City of Opa-locka desires to make the
funds payable from Account# 19-519541.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, hereby authorizes
the City Manager to enter into an agreement with SunGard Pentamation for the upgrade
and installation of the Finance PLUS Software; the Community PLUS Software; to
acquire additional software; and for training of the applications. Payable from the
Educational Cost Account: 19-519541 in the amount $6,000.00 and the Software
Licensing Account: 14-512528 in the amount of$17,940.00.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 2 4 day of FEBRUARY ,2010.
id/
JO 'H L. KELLEY
AYOR
Approved as to form and le:.1 sufficiency:
A -st to.
(, ,'�l11l►. /►
ebor. ' S. Irby i osep S. e
City C erk Interim City Attorney
2
Resolution No. 1 0-8 0 2 3
Moved by: HOLMES
Seconded by: JOHNSON
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
3
v i.oc-
o` ()d? , e
t2V2A t3
x cam: M
t" y
Memorandum
TO: Mayor Joseph Kelley
Vice-Mayor Myra L. Taylor
Commissioner Dorothy Johnson
Commissioner Timothy Holmes
o missioner Rose Tydus
FROM: Clarance P tt on, City anager
DATE: February 16, 2010
RE: PENTAMATION SOFTWARE UPGRADE
Request: RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH SUNGARD PENTAMTION
TO UPGRADE THE FINANCE PLUS AND COMMUNITY PLUS
SOFTWARE, ACQUIRE ADDITIONAL SOFTWARE AND PROVIDE
FOR TRAINING AT A COST OF $23,940.00 PAYABLE FROM
ACCT# 19-519541 AND ACCT# 14-512528
Description: Several departments within the City currently use the Sungard Pentamation software to
manage the City's day to day activities and automate our tasks that help reduce repetition
and increase efficiencies. The Finance PLUS software handles all of the City's
accounting functions, budgeting, accounts payable, purchasing and fixed assets. The
Community PLUS applications are utility billing, code enforcement, occupational
licensing, permits, and alarm billing. The current software was purchased in 2005. Since
that time, Sungard Pentamation has updated the software twice. The cost of the actual
software is available to us at no cost and is part of our maintenance agreement with
Sungard Pentamation. Actual costs are incurred with installation, training and new
programs.
Financial Impact: $23,940 payable from Acct #19-519541 — Educational Costs - $6,000.00 and Acct #
14-512528—Software Licensing-$17,940.00
Implementation Timeline: Within 60 days of approval.
Legislative History: None
Recommendation(s): Staff recommends approval.
Analysis: By upgrading the City's software to the newest software available, we will ensure that our
software is current,ensures the integrity of data, and improved efficiencies.
We are also proposing to purchase the Miscellaneous Billing application in Community
PLUS. This application will allow the City to bill for other receivables other than Utility
Billing. One use of this application will be for payment agreements such as utility bill
payment agreements and agreements with vendors such as the Opa-locka Flea Market.
Currently, all of these agreements are handled manually and monthly invoices are not mailed
to the customers. By utilizing the Miscellaneous Billing application, we will be able to set up,
track payments, and mail monthly invoices for payments. Another use of the application will
be for the maintenance of City's liens. Currently, the City's liens are handled manually and
maintained on a spreadsheet. We are also not charging the requisite lien interest. Also, when
title companies request a lien search, staff must check the spreadsheet and sometimes check
the files. By utilizing the Miscellaneous Billing application, we will be able to set up, track
payments, accurately calculate interest and mail monthly invoices for payments.
The cost is as follows:
Finance PLUS Software upgrade $0.00
Community PLUS Software upgrade 0.00
Installation and Setup 7,500.00
Miscellaneous Billing:
Software 8,470.00
Online Services 1,470.00
Installation 500.00
Training(4 days @ $1,500/day) 6,000.00
Grand Total $23,940.00
Attachments: (1) Addendum to original agreement dated May 26, 2005 (Due to the purchase
of the Miscellaneous Billing software)
(2) Addendum to the software license agreement for the installation and setup
of the Finance PLUS,Community PLUS, and Web Service extensions.
(3) Original Sungard Pentamation agreement dated May 26, 2005.
PREPARED BY: Ezekiel Orji,PhD
ADDENDUM
Name and Address of Client: Licensor:
City of Opa-Locka SunGard Public Sector Inc.
151 Perviz Avenue 3 West Broad Street
Opa-Locka, Fl 33054 Bethlehem, PA 18018
Telephone: 305 953 2831 Telephone: (610) 691-3616
Attn: Faye Douglas Fax (610) 954-8378
1. SunGard Public Sector Inc. (SunGard Public Sector) and Client agree to amend their existing
agreement, dated May 26, 2005, to add the following as attached hereto and part of this
Agreement.
2. Products and Services
Appendix 1 —Licensed Software, Training and Support
Appendix 2—Implementation Services N/A
Appendix 3—Hardware Equipment/Services
All terms and conditions of the existing Agreement shall remain in effect (with the exception of
prices and payment terms indicated herein). Payment terms are as follows: 100% of Licensed
Software will be due upon execution of this Agreement. The initial Maintenance and Support
term shall be for a period of one year commencing with the month this Agreement is signed.
Implementation/Training will be invoiced on a monthly basis as incurred. Installation will be
invoiced upon completion. Travel and living expenses are in addition to the prices quoted and
will be invoiced as incurred and shall be governed by the SunGard Public Sector Corporate
Travel and Expense Reimbursement Policy.
Delivery Date is the date on which SunGard Public Sector first ships the Component System to
the Delivery Address F.O.B. SunGard Public Sector's place of shipment.
IN WITNESS WHEREOF AND INTENDING TO BE LEGALLY BOUND, the parties have caused
this Agreement to be signed by its duly authorized officer.
City of Opa-Locka, Fl SunGard Public Sector Inc.
By: By: C)C--ef)(—Q--- ";>—*---
Christian Coleman
Print Name: Print Name: VP anrt Cnntroller, qtinnarrl Pnhlic SPrtor Inc
Print Title: Print Title:
Date Signed: Date Signed:
Page 1 of 4
1397-OPA001-100151 SunGard Public Sector.doc
Opa-locka, FL
Investment Summary Page
February 8, 2010
Pricing Summary
.+ rr� s a-3r i�.`
Pri
Appendix 1 -Licensed Software,Training and Support
eCommunityPLUS Applications 8,470
Recommended Implementation/Training-eCommunityPLUS 3,000
Appendix 2-Implementation Services
Appendix 3-Hardware Equipment/Services
Installation Services 500
Total* $11,970
*Travel and living expenses are not included in this total and will be invoiced at actual cost.
Year 2 Support Summary
eCommunityPLUS Applications 1,470
Total: $1,470
Detailed Investment Pages Follow
Page 2 of 4
1397-OPA001-100151 SunGard Public Sector.doc
APPENDIX 1 -LICENSED SOFTWARE
(eCommunityPLUS Applications` License .; Year 2• Ala Carte Training Trainini
Fees.* Maint' Days,_ Days. . �- Cos
Miscellaneous Billing(4) 8,470 1,470 - 2.0 3,000
Total: $8,470 $1,470 - 2.0 $3,000
First year maintenance and support induded at no additional cost.
eComm unityPLUS Footnotes;
4 Requires purchase of Central Receipting in order to take in payments.
eComm unityPLUS requires the availability of an ANSI compatible Compiler.
Additional Training Notes;
Training and implementation rates for the above are as follows:
Implementation and Planning - $1,500/day plus travel related expenses.
All others - $1,500/day plus travel related expenses.
Some training sessions may be accomplished via the internet thereby reducing travel and living expenses.
Training days are based upon an eight hour day,which includes six hours of instruction and two hours of preparation and follow-up.
Should additional daily time be needed for implementation assistance beyond the standard eight hour day,this can be scheduled with the trainer for the standard
Any training and implementation required beyond those days indicated above will be performed at the then standard per diem or hourly training rate.
Training day counts are based on a maximum class size of 16 individuals(eight desktops with two individuals per desktop).
Any training and implementation scheduled more than 12 months after the execution date of this agreement will be at our then standard per diem rate.
The schedule for the above training and implementation services will our as mutually agreed by SunGard and Client and as documented in a training agenda
that will be sent to the Client. SunGard's cancellation policy requires a 21-day advance notice to cancel scheduled training.Cancellations within 6-21 days of the
scheduled service will be invoiced at 50%of the total quoted service cost. Cancellation within 5 days,or on the scheduled date,the service will be invoiced at
100%of the quoted cost. For any cancellation of on-site services,any non-refundable travel expenses will be invoiced to your organization at cost.
APPENDIX 2 -IMPLEMENTATION SERVICES
N/A
(eCommunityPL"US System Requirements I
Customers previously running release 8.1 or prior,require a Web Version upgrade license for those CommunityPLUS applications for which a
web version is currently available..
Requires a database of MS-SQL or IBM Informix or Oracle.
Requires a Domain Controller with Active Directory when implementing a Windows Operating System on the Server.
RSHD from Denicomp Systems for mailmerge.
eGovPLUS System Requirements, -- ''''''
Microsoft IIS Server
ODBC link to the database server
Page 3 of 4
1397-OPA001-100151 SunGard Public Sector.doc
APPENDIX 3 -HARDWARE EQUIPMENT/SERVICES
Hardware Equipment/Services Cost
Installation Services $500
Total: $500
Additional Prerequisites:
A CD, 4mm DAT or DLT drive is a necessary component of the computer hardware configuration to facilitate the distribution of the application
software.
The computer hardvere configuration needs to indude reliable access to the system via the Internet, a dedicated dial-up phone telephone line
with a diagnostic modem of SunGard Public Sector's specifications and a"superuser system log-in account with privileges for SunGard Public
Sectors use in providing support for the application software system.
(Intentionally left blank)
Page 4 of 4
1397-OPA001-100151 SunGard Public Sector.doc
ADDENDUM TO THE SOFTWARE LICENSE AGREEMENT
I. Understanding
This Addendum to the Software License Agreement dated May 26, 2005 (04/05-MA143) is by and
between SunGard Public Sector Inc., hereinafter referred to as SunGard Public Sector and City of
Opa- Locka, hereinafter referred to as Customer.
II. Professional Services
SunGard Public Sector shall provide the following professional services to Customer at the rates set forth below.
Requested Service Description Cost
Genero including Web Service Extensions Install (V 2.02) $1,500.00
FinancePLUS 4.3 Setup $3,000.00
CommunityPLUS 8.3 Setup $3,000.00
Total Cost $7,500.00
General Notes: Install will be completed on current server
III. Payment and Expense Reimbursement
The parties agree that the above professional services will be billed to Customer upon
completion of the installation.
Any associated Travel, Meals, and Lodging will be billed to Customer as incurred. Such travel
and living expenses will be governed by SunGard Public Sector's Corporate Travel and
Expense Reimbursement Policy and will be invoiced on a monthly basis in arrears.
Pricing is a good faith estimate based on the information available to SunGard Public Sector at
the time of execution of this Addendum. The total amount that Customer will pay for these
services will vary based on the actual number of hours of services required to complete the
services. If required, additional services will be provided on a time and materials basis at hourly
rates equal to SunGard Public Sector's then-current list price rates for the services at issue.
Payments hereunder are due within thirty(30)days from the date of invoice.
SunGard Public Sector Inc. City of Opa-Locka
BY: BY:
PRINT NAME: PRINT NAME:
PRINT PRINT
TITLE: TITLE:
DATE SIGNED: DATE SIGNED:
Confidential Page 1 Professional Services Addendum
tiOI 1 \k/11:1 . I.I('I ,NSI . ,A(SRI :I:NlI':NI
BETWEEN
SunGard Pentamation Inc.
a Pennsylvania Corporation
with Headquarters at:
3 West Broad Street, Suite 1
Bethlehem, PA 18018
Phone#:(610)691-3616
Fax#: (610)691-1031
("SunGard")
AND
City of Opa-Locka
215 Perviz Avenue
Opa-Locka, FL 33054
Phone#: (305) 953-2944
Fax#: (305)953-2900
("Customer")
By the signatures of their duly authorized representatives below, SunGard and Customer,
intending to be legally bound, agree to all of the provisions of this Agreement and all Schedules,
Appendices, Exhibits, and/or Addenda to this Agreement.
[SunGard] [Customer]
BY: 6- I/ ,f BY: 43_4_ ► _ :r la
PRINT NAME: onald V.Appleton PRI NAME TQr n I C., 'R. . • e�trl
PRINT TITLE: President and C.O.O. PRINT TITLE: t1-11 RW\wJLfr-
DATE `SIGNED: 5////,)t D� DATE SIGNED: 5 1, 19 S O
04/05-MA143
SUNGARD
CONTENTS
DEFINITION OF TERMS
II
SECTION 1 -LIMITED LICENSE
1
SECTION 2-SOFTWARE INSTALLATION AND PROFESSIONAL SERVICES 1
SECTION 3-EQUIPMENT AND EQUIPMENT INSTALLATION AND SUPPORT 2
SECTION 4-SUNGARD'S OTHER OBLIGATIONS 3
SECTION 5- CUSTOMERS OTHER OBLIGATIONS 3
SECTION 6-PAYMENT SCHEDULE 4
SECTION 7-WARRANTIES AND LIMITATIONS 6
SECTION 8-CONFIDENTIALITY, OWNERSHIP AND RESTRICTIVE COVENANT 8
SECTION 9-TERMINATION
9
SECTION 10-APPLICATION SOFTWARE MAINTENANCE AND SUPPORT 11
SECTION 11 -OFF-SITE HARDWARE MAINTENANCE SERVICE 13
SECTION 12-EXTENDED HARDWARE MAINTENANCE SERVICE 14
SECTION 13-OPERATING SYSTEM OR UTILITY SOFTWARE TELEPHONE SUPPORT SERVICES16
SECTION 14-CUSTOM PROGRAMMING SERVICES
17
SECTION 15-OTHER PROVISIONS 18
APPENDIX 1 -LICENSED SOFTWARE,TRAINING AND SUPPORT
APPENDIX 2-IMPLEMENTATION SERVICES
APPENDIX 3-HARDWARE EQUIPMENT/SERVICES
APPENDIX 4-MAXIMUM SUPPORT HOURS
APPENDIX 5-PAYMENT SCHEDULE
APPENDIX 6-REGULATORY SOFTWARE
APPENDIX 7-SYSTEM ADMINISTRATOR JOB RESPONSIBILITIES
APPENDIX 8-GOVERNMENT RESOURCE SERIES(GRS)TO PLUS SERIES(PS)MIGRATION
DEFINITION OF TERMS
As used in this Agreement,the following terms have the following meanings:
1. "Account"means a single and unique combination of database and Software.
2. "Affiliate,"whether capitalized or not, means,with respect to a specified Person, any Person which
directly or indirectly controls, is controlled by, or is under common control with the specified person
as of the date of this Agreement,for as long as such relationship remains in effect.
3. "Confidential Information" means all business information disclosed by one party to the other in
connection with this Agreement unless it is or later becomes publicly available through no fault of
the other party or it was or later is rightfully developed or obtained by the other party from
independent sources free from any duty of confidentiality. Without limiting the generality of the
foregoing, Confidential Information shall include Customer's data and shall include SunGard's
Proprietary Items. Confidential Information shall include the terms of this Agreement, but not the
fact that this Agreement has been signed, the identity of the parties hereto or the identity of the
products licensed hereunder.
4. "Concurrent User" means the highest total number of users making simultaneous use of the
Software at any time during a calendar year period, whether use is via modem, direct connection,
LAN connection, or intranet connection.
5. "Copy," whether capitalized or not, means any paper, disk, tape, film, memory device, or other
material or object on or in which any words, object code, or other symbols are written, recorded or
encoded, whether permanent or transitory.
6. "Documentation" means SunGard's standard user guides and manuals as delivered with the
Software and Software Updates and on-line help, as updated and amended from time to time,
provided by SunGard to assist Customer with the use of Software.
7. "Execution Date"means the latest date shown on the signature line of this Agreement.
8. "Export Laws" means all laws, administrative regulations, and executive orders of any Applicable
Jurisdiction relating to the control of imports and exports of commodities and technical data,
software and related property, use or remote use of software and related property, or registration of
this Agreement, including the Export Administration Regulations of the U.S. Department of
Commerce, and the International Traffic in Arms Regulations of the U.S. Department of State.
"Applicable Jurisdiction" means the U.S., and any other jurisdiction where any Proprietary Items will
be located or from where any Proprietary Items will be accessed under this Agreement.
9. "Good Faith Dispute" means a good faith dispute by Customer of certain amounts invoiced under
this Agreement. A Good Faith Dispute will be deemed to exist only if (1) Customer has given
written notice of the dispute to SunGard promptly after receiving the invoice and (2) the notice
explains Customer's position in reasonable detail. A Good Faith Dispute will not exist as to an
invoice in its entirety merely because certain amounts on the invoice have been disputed.
10. "Including"means including but not limited to.
ii
11. "Initial Installation or Initial Software Installation" means the first instance of Software installation
or Software loading onto the computer system from which it will operate.
12. "Latest Software Update" means those Software Updates which SunGard has made generally
available to its Customers within the preceding twelve months.
13. "New Product" means a set of functionality available to be licensed to Customer by SunGard
which was not previously licensed to Customer either because the functionality was not available
or Customer chose not to license it.
14. "Person," whether capitalized or not, means any individual, sole proprietorship, joint venture,
partnership, corporation, company, firm, bank, association, cooperative, trust, estate, government,
governmental agency, regulatory authority, or other entity of any nature.
15. "Proprietary Items" means, collectively, the Software and Documentation, the object code and the
source code for the Software, the visual expressions, screen formats, report formats and other
design features of the Software, all ideas, methods, algorithms, formulae and concepts used in
developing and/or incorporated into the Software or Documentation, all future modifications,
revisions, updates, refinements, improvements and enhancements of the Software or
Documentation, all derivative works (as such term is used in the U.S. copyright laws) based upon
any of the foregoing, and all copies of the foregoing.
16. "Software" means SunGard's proprietary application software identified in Appendix 1 of this
Agreement, known as PLUS SERIES.
17. "Software Update" means Software revisions and updates to the Software which SunGard, in its
sole discretion, incorporates into the Software as a Software Update per Section 10—Application
Software Maintenance and Support.
iii
I r,.
. 1
1 . LIMITED LICENSE
1.1. Grant. SunGard grants to Customer a personal, non-transferable, non-exclusive,
perpetual, license to use, in accordance with this Agreement, the Software identified on
Appendix 1 and its related Documentation as the Software and Documentation may be
revised and updated in accordance with this Agreement.
1.2 Scope. In consideration of Customer's payment of the associated fees as set forth in
Section 6, Customer may use the Software and Documentation only in the ordinary
course of its business operations and for its own business purposes, subject to the use
restrictions as set forth in Section 8.3. Access to and use of the Software by Customer
shall be limited to the Number of Concurrent Users and/or other parameters as specified,
stated on Appendix 1 (collectively, "Scope of Use"), subject to increase by amendment(s)to
such parameters. Customer may copy and use the Software for inactive back-up and
disaster recovery purposes. Customer may copy the Documentation to the extent
reasonably necessary for use of the Software under this Agreement.
2 . SOFTWARE INSTALLATION AND PROFESSIONAL SERVICES
2.1. Initial Software Installation. SunGard shall deliver, F.O.B. SunGard's offices, to
Customer the initial Copies of the Software and Documentation stated on Appendix 1.
The date of such delivery shall be referred to as the "Delivery Date." SunGard, per
installation services as set forth in Appendix 3, or Customer shall install the Software on
or before 120 days following the execution date of this Agreement.
2.2 Professional Services. SunGard shall provide to Customer, Software training services
for Customer personnel as set forth and for the charges listed on Appendix 1, the
Implementation Services as set forth on Appendix 2, and the Software and Hardware
installation and integration services as set forth on Appendix 3. In accordance with
Section 2.3, SunGard shall provide to Customer additional Professional Services
reasonably requested by Customer.
2.3 Additional Professional Services. At Customer's reasonable request and subject to
the availability of SunGard's personnel, SunGard shall provide to Customer additional
installation services, additional training, consulting services, custom modification
programming, support services relating to custom modifications, assistance with data
transfers, system restarts and reinstallations and other specialized support services.
Such services will be offered at SunGard's then prevailing service rates. Custom
programming services are provided in accordance with the terms and conditions as
defined in Section 14.
2.4 SunGard may refer services under this Agreement to Pentasun Professional Services
LLC. Pentasun contractors will adhere to the terms of this contract and to the same
policies and standards as SunGard staff. Pentasun contractors will contact the
Customer only after a referral from SunGard management. If services are provided by a
Pentasun consultant, Customer organization will be invoiced for those services and any
associated reimbursable expenses directly by Pentasun
Customer Name: City of Opa-Locka,FL 1
Contract At 4/05-MA143
3. EQUIPMENT AND EQUIPMENT INSTALLATION AND SUPPORT
3.1 Equipment Prices. SunGard hereby agrees to sell to Customer and Customer agrees
to purchase the equipment identified in Appendix 3 ("Equipment") for the prices as set
forth on Appendix 3.
3.2 Equipment Installation Services
3.2.1 SunGard shall use its standard system assurance programs to individually test each
unit of the Equipment according to the manufacturers specifications, and when
practical, integrate each unit for a total system test prior to shipment and installation
at the Initial Installation Location.
3.2.2 If required and by mutual agreement and for the fees stated on Appendix 3, at least
25 days prior to installation of the Equipment, representatives from SunGard will visit
the Customer's facilities on a mutually agreed date for the purpose of approving the
locations for computer systems and principal components of the communications
network and establishing plans for the installation of the Equipment and
communications facilities. Travel costs associated with this visit are the
responsibility of the Customer and will be billed as incurred.
3.2.3 SunGard or its designee shall perform the installation services, for the fees stated
on Appendix 3, for the Equipment at the Initial Installation Location. Equipment
installation shall be completed on a mutually agreed date, subject to the obligations
of Customer to provide the operational environment for the equipment as provided
below under "Customer Responsibilities" but no later than 10 days prior to the
Scheduled Installation Date.
3.2.4 SunGard will provide the Customer with any manufacturer-provided reference
documentation for operation of the Equipment by Customer's trained personnel.
3.3 Customer Responsibilities
3.3.1 The Customer acknowledges a need for and agrees to provide, at its cost, a
suitable operating environment, appropriate power supplies and adequate
workspace for the Equipment to be maintained in accordance with $unGard's
recommendations. The Customer further acknowledges and agrees to provide
access to Customer's hardware system(s) and/or operational system software
where necessary for SunGard to provide its services hereunder. The Customer
further acknowledges its responsibility to provide adequately trained personnel,
adequate hardware and system software backups
3.3.2 The Customer is responsible for the cost of all cabling, phone equipment, services
and facilities needed to attach servers, workstations, video terminals, terminal
printers and the like to the Equipment. This includes installing the cables and the
labor or installation fees associated with the preparation of terminal locations.
3.3.3 The Customer shall provide SunGard or its designee full and free access to the
Equipment to provide the installation services. The Customer's personnel shall not
attempt any repairs or adjustments to the Equipment at any time except under
direction of SunGard or its designee.
Customer Name: City of Opa-Locka,FL
2
Contract tk 4/05-MA143
3.3.4 The Customer shall pay all costs of transportation and in-transit insurance for the
Equipment to its facilities and all other related costs that may include special rigging,
storage, packaging and similar charges. SunGard shall not be responsible for any
loss or damage to the Equipment caused by the fault or negligence of Customer or
its agents or employees, by non-SunGard alterations or servicing, by common
carriers,force majeure,fire or other casualty.
3.4 Warranty. SunGard warrants that the Equipment will be installed in good working order
ready for use according to the manufacturer's published specifications. SunGard will assign
to Customer all manufacturer's warranties related to the Equipment. SunGard makes no
expressed or implied warranties with regard to the Equipment. ALL WARRANTIES AS TO
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY
EXCLUDED.
3.5 Other Terms Applicable to Equipment Sales
3.5.1 SunGard's installation personnel shall remain on Customer's site not more than one
day in the event of Customer's failure to fulfill its site preparation obligations. Return
trips, if necessary, shall be invoiced to Customer at SunGard's then prevailing
service rates, plus expenses.
3.5.2 After installation services are completed, on-going maintenance and support
services to the Equipment shall be provided as set forth in Sections 11, 12, and/or
13 and for the fees and type of service provided in Appendix 3.
4. SUNGARD'S OTHER OBLIGATIONS
4.1 Ongoing Maintenance and Support Services. Beginning on the Execution Date and in
conjunction with Sections 10, 11, 12, and/or 13, SunGard shall provide maintenance and
support services to Customer throughout the Initial Maintenance and Support Term and,
if Customer elects to renew maintenance and support services, the Renewal
Maintenance and Support Term as defined in Sections 10, 11, 12, and/or 13, at the rates
set forth in Appendix 1 and 3.
4.2 Optional Products. Beginning upon the Execution Date of this Agreement, SunGard
shall offer to Customer the opportunity to license New Products at SunGard's then
prevailing fees.
5. CUSTOMER'S OTHER OBLIGATIONS
5.1 Procurement of Hardware and Other Third Party Items. Customer shall be
responsible, at its expense, for procuring and maintaining (through SunGard, if
applicable)the computer hardware, systems software and other third party software, data
feeds, telecommunications, networks, peripherals and other items and services
(collectively referred to as "Third Party Products"). Customer shall contract for(through
SunGard, if applicable) and maintain appropriate agreements for the use and
maintenance of Third Party Products during the term of this Agreement. If Customer is
authorized by SunGard to use the Software in an Internet environment, Customer shall
Customer Name: City of Opa-Locka,FL 3
Contract it: 4/05-MA143
be solely responsible for all aspects of Internet use, including any Third.Party Products,
and the installation and maintenance of its home page on the Internet. All required Third
Party Products must be installed (by SunGard, if applicable) and operational prior to the
Scheduled Installation Date stated on Appendix 3.
5.2 Data Security. If the Software or data maintained by the Software is accessible through
the Internet or other networked environment, Customer shall maintain, in connection with
the Software, adequate technical and procedural access controls and system security
requirements and devices, necessary for data privacy, confidentiality, integrity,
authorization, authentication and non-repudiation and virus detection and eradication.
To the extent that Customer's Affiliates or Customers have access to the Software
through the Internet or other networked environment, Customer shall maintain
agreements with such end-users that adequately
intellectual roe q Y protect the confidentiality and
property rty rights of SunGard in the Software and Documentation, and disclaim
any liability or responsibility of SunGard with respect to such end-users.
5.3 Access to Facilities and Employees. Customer shall provide to SunGard access to
the Customer's facilities, equipment and employees, and shall otherwise cooperate with
SunGard, as reasonably necessary for SunGard to perform its installation, training,
support and other obligations under this Agreement. Customer shall devote all
equipment, facilities, personnel and other resources reasonably necessary to (a) install
the Software, (b) be trained in the use of the Software and (c) begin using the Software
in production on a timely basis as contemplated by this Agreement.
5.4 Remote Access. Customer shall permit SunGard, at SunGard's option, to remotely
access, per the method described in Section 10, the Software for the purpose of
providing maintenance and support services to Customer under Section 4.1 and
otherwise implementing the purposes of this Agreement.
5.5 Notices and Certifications. Customer shall give written notice to SunGard whenever
Customer intends to increase the Scope of Use. Customer shall promptly complete and
return to SunGard periodic certifications which SunGard, in its sole discretion, may from
time to time send to Customer, certifying the then current Scope of Use of the Software
and that Customer has complied and is then in compliance with the provisions of this
Agreement.
5.6 Customer Operation of Software. Customer shall be exclusively responsible for the
supervision, management, operation and control of its use of the Software, including but
not limited to: (1) establishing adequate backup plans in the event of computer or
Software malfunction or disaster, (2) implementing sufficient procedures and checkpoints
to satisfy Customer's requirements for security and accuracy of input and output data as
well as restart and recovery in the event of malfunction or disaster, (3) informed use of
output data insofar as technical expertise or professional judgment is required, (4)
security, maintenance and distribution of system passwords, and (5) other
responsibilities as defined in Appendix 7.
6. PAYMENTS
6.1 License Fee. Customer shall pay to SunGard an initial license fee in the amount stated
on Appendix 1, in accordance with the payment schedule stated on Appendix 5. The
Initial License fee shall entitle Customer to maintenance and support services for the
Initial Maintenance and Support Term as defined in Section 10.
Customer Name: City of Opa-Locka,FL
4
Contract a: 4/05-MA143
6.2 Annual Maintenance and Support Fees. The annual maintenance and support service
for Software and Third Party Software listed in Appendix 1 shall be automatically
renewed on each anniversary date of this Agreement unless Customer provides
SunGard with ninety (90) days written notice prior to each annual anniversary date of its
intent to terminate maintenance and support. Beginning on the first anniversary date of
this Agreement, unless Customer has provided such notice then, Customer shall pay
annual maintenance and support fees in the amount set forth on Appendix 1. SunGard
reserves the right to increase such amounts in subsequent renewal terms by an amount
not to exceed 10% per year. After the Renewal Maintenance and Support Term and in
the event that SunGard desires to terminate maintenance and support services to
Customer, SunGard shall provide Customer with one hundred eighty (180) days prior
written notice of its intent to terminate.
6.3 Service Fees. Customer shall pay to SunGard the service fees stated on Appendix 1,
Appendix 2 and Appendix 3 for all services specified in this Agreement. In the event that
requested services are not specified in this Agreement, then the fees for such services
shall be based upon SunGard's standard professional fee rates in effect at the time of
the request.
6.4 Expense Reimbursements. Whenever any services are provided by SunGard at a
Customer location or any other location requested by Customer other than one of
SunGard's locations, Customer shall reimburse SunGard for reasonable travel, lodging,
meal and related expenses incurred by SunGard personnel in providing such services.
6.5 Taxes. The fees and other amounts payable by Customer to SunGard under this
Agreement do not include any taxes of any jurisdiction that may be assessed or imposed
upon the copies of the Software and Documentation delivered to Customer, the license
granted under this Agreement or the services provided under this Agreement, or
otherwise assessed or imposed in connection with the transactions contemplated by this
Agreement, including sales, use, excise, value added, personal property, export, import
and withholding taxes, excluding only taxes based upon SunGard's net income.
Customer shall directly pay any such taxes assessed against it, and Customer shall
promptly reimburse SunGard for any such taxes payable or collectable by SunGard. If
Customer has provided SunGard with proof of its tax exempt status, then, in the event
that Customer's tax exempt status should become altered in any way throughout the term
of this Agreement, Customer shall be obligated to notify SunGard immediately of any
such modification of tax exempt status and Customer shall become liable for all taxes as
set forth above. In the event Customer fails to notify SunGard of any such change, and
penalties occur as a result of Customer's failure to notify SunGard in a timely manner,
Customer shall be liable for payment of any penalties assessed against SunGard or
Customer as a result thereof.
6.6 Payment Terms. Initial Software license fees and Third Party Product fees(if any)shall
be invoiced by SunGard per the payment schedule in Appendix 6. Ongoing maintenance
and support fees shall be invoiced by SunGard annually in advance and all other fees
and all expense reimbursements shall be invoiced by SunGard as and when incurred.
All invoices shall be sent to Customer's address for invoices as designated by Customer
or, if not designated, then the address printed on this Agreement. Payments may be
made by check to the SunGard address listed on the invoice. Customer's payments
shall be past due thirty(30) days after receipt of invoice. Interest at the rate of eighteen
percent (18%) per annum (or, if lower, the maximum rate permitted by applicable law)
shall accrue on any amount not paid by Customer to SunGard when due under this
Agreement, and shall be payable by Customer to SunGard on demand. Except as
Customer Name: City of Opa-Locka,FL 5
Contract#: 4/05-MA143
provided in Section 7.2.3, all fees and other amounts paid by Customer under this
Agreement are non-refundable, including any fees paid for Third Party Products.
6.7 Currency. All dollar amounts referred to in this Agreement are in United States Dollars.
7. WARRANTIES AND LIMITATIONS
7.1 Performance. SunGard warrants to Customer that the Software, as and when delivered
to Customer by SunGard and when properly used for the purpose and in the manner
specifically authorized by this Agreement, will perform as described in the
Documentation in all material respects. SunGard's only obligation under this warranty is
to correct any failure to so perform in accordance with SunGard's obligations under the
maintenance and support provisions of this Agreement. This warranty shall terminate
one year after the Execution Date.
7.2 Right to License; No Infringement. SunGard warrants to Customer that it has the full
legal right to grant to Customer the license granted under this Agreement, and that the
Software and Documentation, as and when delivered to Customer by SunGard and when
properly used for the purpose and in the manner specifically authorized by this
Agreement, do not infringe upon any United States patent, copyright, trade secret or
other proprietary right of any Person. SunGard shall defend and indemnify Customer
against any third party claim to the extent attributable to a violation of the foregoing
warranty. SunGard shall have no obligation under this Section 7.2 unless Customer
promptly gives written notice to SunGard after any applicable infringement claim is
initiated against Customer and allows SunGard to have sole control of the defense or
settlement of the claim. The remedies provided in this Section 7.2 are the sole remedies
for a breach of the warranty contained in this Section 7.2. If any applicable infringement
claim is initiated, or in SunGard's sole opinion is likely to be initiated, then SunGard shall
have the option, at its expense, to:
7.2.1 modify or replace all or the infringing part of the Software or Documentation so
that it is no longer infringing, provided that the Software functionality does not
change in any material adverse respect; or
7.2.2 procure for Customer the right to continue using the infringing part of the
Software or Documentation; or
7.2.3 remove all or the infringing part of the Software or Documentation, and refund
to Customer the corresponding portion of the initial license fee paid by
Customer to SunGard under Section 6.1 with respect to the applicable
Software, less a reasonable rental charge equal to one-sixtieth (1/60) of the
initial license fee for each month of use, in which case the Agreement shall
terminate with respect to the Software or part thereof removed.
7.3 Customer Material. Customer warrants to SunGard that Customer has the full legal right to
grant to SunGard the right to use the designs, plans, specifications or other materials
provided by or on behalf of Customer for inclusion in the Software or the Documentation
("Customer Material") and that the Customer Material does not infringe upon any United
States patent, copyright, trade secret or other proprietary right of any Person. Customer
shall indemnify and defend SunGard (and any SunGard Affiliates providing software or
services under this Agreement) against any third party claim to the extent attributable to
(a) a breach of the foregoing warranty or (b) an infringement of a United States patent,
copyright, trade secret or other proprietary right of any Person arising from a
Customer Name: City of Opa-Locka,FL
6
Contract it: 4/05-MA143
modification of the Software or Documentation by Customer(or a third party permitted by
Customer to make such modification).
7.4 Exclusion for Unauthorized Actions and Results of Use. SunGard shall have no
liability under any provision of this Agreement with respect to any performance problem,
claim of infringement or other matter to the extent attributable to any unauthorized or
improper use or modification of the Software, any unauthorized combination of the
Software with other software, any use of any version of the Software other than the
Latest Software Updates, any Third Party Product, any act or omission by Customer, its
Affiliates or its customers, or any breach of this Agreement by Customer. Customer is
solely responsible for the results obtained from the use of the Software.
7.5 Force Majeure. Except with respect to Customer's payment obligations hereunder,
neither party shall be liable for, nor shall either party be considered in breach of this
Agreement due to any failure to perform its obligations under this Agreement as a result
of a cause beyond its control, including any act of God or a public enemy, act of any
military, civil or regulatory authority, change in any law or regulation, fire, flood,
earthquake, storm or other like event, disruption or outage of communications (including
the Internet or other networked environment), power or other utility, labor problem,
unavailability of supplies or any other cause, whether similar or dissimilar to any of the
foregoing, which could not have been prevented by the non-performing party with
reasonable care.
7.6 Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTION 7.1 OF THIS
AGREEMENT, THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS."
WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, THE SERVICES
PROVIDED UNDER THIS AGREEMENT OR ANY OTHER MATTER PERTAINING TO
THIS AGREEMENT AND EXCEPT AS EXPRESSLY STATED IN SECTION 7.1 OF THIS
AGREEMENT, SUNGARD MAKES NO REPRESENTATIONS OR WARRANTIES, ORAL
OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INTERFERENCE, OR NON-INFRINGEMENT. SUNGARD
MAKES NO REPRESENTATIONS OR WARRANTIES, NOR SHALL SUNGARD HAVE
ANY LIABILITY WITH RESPECT TO, ANY THIRD PARTY PRODUCTS OR SERVICES.
7.7 Limitations. EXCEPT FOR A THIRD PARTY CLAIM UNDER SECTION 7.2 OF THIS
AGREEMENT, SUNGARD'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL
UNDER NO CIRCUMSTANCES EXCEED THE INITIAL SUNGARD SOFTWARE
LICENSE FEES ACTUALLY PAID BY CUSTOMER TO SUNGARD UNDER THIS
AGREEMENT.
7.8 Consequential Damage Exclusion. UNDER NO CIRCUMSTANCES SHALL
SUNGARD (OR ANY OF ITS AFFILIATES PROVIDING SOFTWARE OR SERVICES
UNDER THIS AGREEMENT) BE LIABLE TO CUSTOMER OR ANY OTHER PERSON
FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY
INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR PUNITIVE
DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING FROM ANY
BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT,
WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE AND
WHETHER OR NOT FORESEEABLE, EVEN IF SUNGARD HAS BEEN ADVISED OR
WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
Customer Name: City of Opa-Locka,FL 7
Contract#: 4/05-MA143
7.9 Open Negotiation. CUSTOMER AND SUNGARD HAVE FREELY AND OPENLY
NEGOTIATED THIS AGREEMENT, INCLUDING THE PRICING, WITH THE
KNOWLEDGE THAT THE LIABILITY OF THE PARTIES IS TO BE LIMITED IN
ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT.
7.10 Other Limitations. The warranties made by SunGard in this Agreement, and the
obligations of SunGard under this Agreement, run only to Customer and not to its
Affiliates, its customers or any other Persons. Under no circumstances shall any Affiliate
or customer of Customer or any other Person be considered a third party beneficiary of
this Agreement or otherwise entitled to any rights or remedies under this Agreement,
even if such Affiliates, customers or other Persons are provided access to the Software
or data maintained in the Software via the Internet or other networked environment.
Customer shall have no rights or remedies against SunGard except as specifically
provided in this Agreement. No action or claim of any type relating to this Agreement
may be brought or made by Customer more than one (1) year after Customer first has
knowledge of the basis for the action or claim.
8. CONFIDENTIALITY, OWNERSHIP AND RESTRICTIVE COVENANT
8.1 Disclosure Restrictions. All Confidential Information of one party ("Disclosing Party")
in the possession of the other ("Receiving Party"), whether or not authorized, shall be
held in strict confidence, and the Receiving Party shall take all steps reasonably
necessary to preserve the confidentiality thereof. The Disclosing Party's Confidential
Information shall not be used or disclosed by the Receiving Party for any purpose except
as necessary to implement or perform this Agreement, or except as required by law,
provided that the other party is given a reasonable opportunity to obtain a protective
order. The Receiving Party shall limit its use of and access to the Disclosing Party's
Confidential Information to only those of its employees whose responsibilities require
such use or access. The Receiving Party shall advise all such employees, before they
receive access to or possession of any of the Disclosing Party's Confidential Information,
of the confidential nature of the Confidential Information and require them to abide by the
terms of this Agreement. The Receiving Party shall be liable for any breach of this
Agreement by any of its employees or any other Person who obtains access to or
possession of any of the Disclosing Party's Confidential Information from or through the
Receiving Party.
8.2 SunGard's Proprietary Items, Ownership Rights. The Proprietary Items are trade
secrets and proprietary property of SunGard, having great commercial value to SunGard.
All Proprietary Items provided to Customer under this Agreement are being provided on
a strictly confidential and limited use basis. Customer shall not, directly or indirectly,
communicate, publish, display, loan, give or otherwise disclose any Proprietary Item to
any Person, or permit any Person to have access to or possession of any Proprietary
Item. Title to all Proprietary Items and all related patent, copyright, trademark, trade
secret, intellectual property and other ownership rights shall be and remain exclusively
with SunGard, even with respect to such items that were created by SunGard specifically
for or on behalf of Customer. This Agreement is not an agreement of sale, and no title,
patent, copyright, trademark, trade secret, intellectual property or other ownership rights
to any Proprietary Items are transferred to Customer by virtue of this Agreement. All
copies of Proprietary Items in Customer's possession shall remain the exclusive property
of SunGard and shall be deemed to be on loan to Customer during the term of this
Agreement.
Customer Name: City of Opa-Locka,FL 8
Contract#: 4/05-MA143
t
8.3 Use Restrictions. Customer shall not do, attempt to do, nor permit any other Person to
do, any of the following:
8.3.1 use any Proprietary Item for any purpose, at any location or in any manner not
specifically authorized by this Agreement; or
8.3.2 make or retain any Copy of any Proprietary Item except as specifically authorized
by this Agreement; or
8.3.3 create or recreate the source code for the Software, or re-engineer, reverse
engineer, decompile or disassemble the Software; or
8.3.4 modify, adapt, translate or create derivative works based upon the Software or
Documentation, or combine or merge any part of the Software or Documentation
with or into any other software or documentation not as otherwise expressly
provided by this Agreement; or
8.3.5 refer to or otherwise use any Proprietary Item as part of any effort either (i) to
develop a program having any functional attributes, visual expressions or other
features similar to those of the Software, or(ii)to compete with SunGard; or
8.3.6 remove, erase or tamper with any copyright or other proprietary notice printed or
stamped on, affixed to, or encoded or recorded in any Proprietary Item, or fail to
preserve all copyright and other proprietary notices in any Copy of any Proprietary
Item made by Customer;or
8.3.7 sell, market, license, sublicense, distribute or otherwise grant to any Person,
including any outsourcer, vendor, consultant or partner, any right to use any
Proprietary Item,whether on Customer's behalf or otherwise; or
8.3.8 use the Software to conduct any type of service bureau or time-sharing operation or
to provide remote processing, network processing, network telecommunications or
similar services to any Person, whether on a fee basis or otherwise, unless
otherwise expressly provided in this Agreement.
8.4 Notice and Remedy of Breaches. Each party shall promptly give written notice to the
other of any actual or suspected breach by it of any of the provisions of this Section 8,
whether or not intentional, and the breaching party shall, at its expense, take all steps
reasonably requested by the other party to prevent or remedy the breach.
8.5 Enforcement. Each party acknowledges that the restrictions in this Agreement are
reasonable and necessary to protect the other's legitimate business interests. Each
party acknowledges that any breach of any of the provisions of this Section 8 shall result
in irreparable injury to the other for which money damages could not adequately
compensate. If there is a breach, then the injured party shall be entitled, in addition to
all other rights and remedies which it may have at law or in equity, to have a decree of
specific performance or an injunction issued by any competent court, requiring the
breach to be cured or enjoining all Persons involved from continuing the breach. The
existence of any claim or cause of action that a party or any other Person may have
against the other party shall not constitute a defense or bar to the enforcement of any of
the provisions of this Section 8.
9. TERMINATION
9.1 Termination by Customer. Customer may immediately terminate this Agreement, by
giving written notice of termination to SunGard, upon the occurrence of any of the
following events:
Customer Name: City of Opa-Locka,FL 9
Contract#: 4105-MA143
9.1.1 SunGard breaches any of its material obligations under this Agreement and
does not cure the breach within ninety (90) days (provided that the breach is
susceptible to cure) (or such other time period as may be reasonable under the
circumstances) after Customer gives written notice to SunGard describing the
breach in reasonable detail.
9.1.2 SunGard (or a surviving company in the event of a merger or sale of SunGard)
dissolves or liquidates or otherwise discontinues all or a significant part of its
business operations. Notwithstanding the foregoing, SunGard reserves the
right to outsource professional services which will not be deemed grounds for
Customer termination hereunder.
9.2 Termination by SunGard. SunGard may immediately terminate this Agreement, by
giving written notice of termination to Customer, upon the occurrence of any of the
following events:
9.2.1 Except for Customer's failure to pay any amount payable with respect to
Ongoing Maintenance and Support fees, Customer fails to pay to SunGard,
within ten (10) days after SunGard makes written demand therefor, any past-
due amount payable under this Agreement (including interest thereon) that is
not the subject of a Good Faith Dispute, or
9.2.2 Customer breathes any of its other material obligations under this Agreement
and does not cure the breach within thirty(30)days(provided that the breach is
susceptible to cure) (or such other time period as may be reasonable under the
circumstances) after SunGard gives written notice to Customer describing the
breach in reasonable detail, or
9.2.3 Customer dissolves or liquidates or otherwise discontinues all or a significant
part of its business operations.
9.3 Expiration of Term. Unless otherwise stated on Appendix 1 of this Agreement, the
Software specified on Appendix 1 shall have a perpetual term from the Delivery Date for
such Software unless and until terminated in accordance with this Section 9.
9.4 Effect of Termination.
9.4.1 Upon the effective date of a termination of the maintenance and support
services by SunGard or Customer, or at anytime when Customer has failed to
pay the annual maintenance and support fees required pursuant to Section 6.2
("Ongoing Maintenance and Support Termination Date"), (a) SunGard shall
discontinue providing all ongoing maintenance and support services, including
SunGard's obligation under Section 4.1, (b) any SunGard warranties and
indemnities under this Agreement shall cease to apply for the period after the
Ongoing Maintenance and Support Termination Date, and (c) SunGard shall
have no liability with respect to Customer's use of the Software or Services
after the Ongoing Maintenance and Support Termination Date.
9.4.2 Upon a termination or expiration of this Agreement, whether under this Section
9 or otherwise, Customer shall: (a) discontinue all use of all affected Software
and Documentation, (b) promptly return to SunGard all copies of the affected
Software and Documentation and any other affected Proprietary Items then in
Customer's possession, and (c) give written notice to SunGard certifying that all
copies of the affected Software and Documentation have been permanently
Customer Name: City of Opa-Locka,FL
10
Contract II: 4/05-MA143
deleted from its computers. Customer shall remain liable for all payments due
to SunGard with respect to the period ending on the date of termination. The
provisions of Sections 6, 7 (except 7.1), 8 and 15 shall survive any termination
of this Agreement, whether under this Section 9 or otherwise.
9.5 Certain Other Remedies for Nonpayment. If Customer fails to pay to SunGard, within
ten (10) days after SunGard makes written demand therefor, any past-due amount
payable under this Agreement (including interest thereon) that is not the subject of a
Good Faith Dispute, in addition to all other rights and remedies which SunGard may
have at law or in equity, SunGard may, in its sole discretion and without further notice to
Customer, suspend performance of any or all of its obligations under this Agreement
(including its ongoing maintenance and support services under Section 4.1 ) until all past
due amounts are paid in full.
10.0 APPLICATION SOFTWARE MAINTENANCE AND SUPPORT
10.1 INITIAL MAINTENANCE AND SUPPORT TERM: For new applications licensed in this
Agreement, the Initial Maintenance and Support Term shall be for a period of one year
commencing upon execution of this Agreement. For all migrated applications
(indicated by $0 license fees in Appendix 1) the initial maintenance term shall be one
year following the commencement of training.
10.2 RENEWAL MAINTENANCE AND SUPPORT TERM: Upon conclusion of the Initial
Maintenance and Support Term, SunGard shall continue to offer maintenance and support
services to Customer, at the fees and for the terms specified in this Agreement, for one
additional one-year period.
Upon conclusion of the Renewal Maintenance and Support Term, SunGard may offer
maintenance and support services to Customer on a year to year basis, provided that
SunGard shall give Customer one hundred eighty (180) days written notice if SunGard
intends to terminate maintenance and support services.
10.3 Services to be Provided
10.3.1 Provide standard product enhancements when and as the same are developed
by SunGard; SunGard shall make available to Customer one copy of such
product enhancements or corrected programs as soon as it is available.
Customer shall be responsible for incorporating such enhancements in each
copy of the applicable SunGard Software licensed by Customer.
10.3.2 Provide programming modifications and support for the regulatory software
listed in Appendix 6. Modifications and updates will be provided and are limited
to those which use data supported within the baseline application software and
are required by regulatory changes.
10.3.3 Provide assistance to Customer in the use of the SunGard Application Software
via telephone inquiries to SunGard's designated software support offices up to
the maximum number of hours per application as listed in Appendix 4. Should
the total number of Support hours be exceeded in any one year, additional
Support Service may be provided at SunGard's then current hourly rates.
Telephone support services are available weekdays, excluding holidays, during
normal business hours.
10.3.4 Investigate errors in the intended capabilities of SunGard Application Software
Customer Name: City of Opa-Locka,FL 11
Contract It: 4/05-MA143
upon receipt of notification from Customer and provide Customer with an
alternate procedure or programming modifications to correct errors. SunGard
shall distribute to Customer one copy of such product enhancements or
corrected programs as soon as it is available. Customer shall be responsible for
incorporating such enhancements in each copy of the applicable SunGard
Software licensed by Customer.
All of the above services will be provided by Internet or telephone communication contact
between SunGard and Customer. Customer will be responsible for all data line telephone
charges involved in providing Application Software Maintenance and Support and
SunGard will invoice Customer at cost.
10.4 Customer Responsibilities
10.4.1 Internet access is required for delivery of SunGard's support services and
will be the primary connectivity medium for all support activities. The Customer will
be responsible to provide reliable access to each server via the Internet utilizing
Microsoft VPN or CISCO VPN. For UNIX systems, Secure Shell access is also
supported. At least one dedicated dial-up telephone line with a high speed (56K
minimum) modem, capable of connection to each server, is strongly recommended
as a backup means of communication in the event of Internet failure. A
"superuser" system log-in account with privileges for SunGard's use in support of
this Agreement is also required.
10.4.2 The Customer will be responsible to provide a CD, 4mm DAT, DLT or SDLT
drive which will be used to install new software releases, updates,
enhancements, etc.
10.4.3 Customer agrees that if the Customer has application software changes, screen
changes or changes to SunGard Pentamation tables within the database made
by non-SunGard employees, this may affect SunGard's ability to perform its
obligations hereunder or may result in extra charges by SunGard. Services
necessitated by problems caused by unauthorized Customer changes, acts of
God, or Customer's improper use of the systems or equipment, or other causes
beyond SunGard's control may result in extra charges by SunGard.
Prohibited table changes include the addition of triggers—small programs in the
database that run automatically when an INSERT, UPDATE, or DELETE
statement is issued against the associated table and data element—to SunGard
Pentamation data elements.
10.4.4 Customer will designate, by name, a limited number of individuals for the
purpose of logging calls with Pentamation central support. Customer will
appoint one of these individuals to serve as central liaison between
Pentamation technicians and other named callers or Customer end users.
10.4.5 The Customer is obligated to fulfill the responsibilities of system administrator as
defined in Appendix 7. This may be accomplished as part of the central liaison's
job responsibilities or by contracting with SunGard for Remote System
Administration Services.
10.4.6 Customer will be responsible for acquiring any necessary Microsoft Customer
access licenses for its workstations used in conjunction with SunGard's
Customer Name: City of Opa-Locka,FL
12
Contract#: 4/05-MA143
application software products as listed in Appendix 1.
10.5 Exclusions
System Requirements. SunGard solutions are designed to function at optimum levels
when integrated with dedicated hardware resources. The addition of non-SunGard
provided software may adversely affect the performance or functionality of the SunGard
provided applications. Accordingly, SunGard will not be responsible for system
malfunctions or loss of functionality caused by the addition of non-SunGard provided
applications or utility software. Corrective measures for malfunctions caused by such
additions will be at the option of SunGard and will be billable at SunGard's then-current
hourly rate.
The Application Software Maintenance and Support Fees do not cover:
1. Altered, damaged, or modified software;
2. Errors or problems in the software caused by negligence, abuse or misapplication of
the software, by hardware malfunctions or by failure to adhere to the software
utilization guidelines as specified in the SunGard-supplied User Documentation
and/or as provided for during SunGard-supplied training;
3. Software errors arising from bugs, modifications, updates to the operating systems,
database(s)or other software not furnished by SunGard; or
4. Software performance issues resulting from changes in the Customer's hardware or
operating environment not supplied by or performed by SunGard.
11. OFF-SITE HARDWARE MAINTENANCE SERVICE
11.1 It is the Customers responsibility to decide when the equipment needs service. Before
requesting service, the Customer must perform problem determination procedures, which
include running prescribed diagnostic software or procedures which will be supplied with
the equipment and will be documented in the Operations Manual. Customer then calls
SunGard for service and gives SunGard all information requested. If possible, remedial
advice will be supplied over the phone(i.e., loose cable to be tightened, replace fuse)and
Customer will administer remedial action.
11.2 In the event immediate remedial action cannot be taken via the phone, the following
procedure will be followed:
11.2.1 SunGard will arrange for replacement equipment to be shipped via overnight
package service. Replacement equipment will be new or reconditioned
equipment. (A reconditioned machine is one which is in good working order,
has been cleaned, lubricated, adjusted and tested, and which has had defective
or excessively worn parts replaced with new or serviceable used parts.)
11.2.2 Customer will unpack the replacement equipment and replace the
malfunctioning equipment with the replacement equipment.
11.2.3 Customer will run diagnostic software or procedures and report results by calling
SunGard's Engineering Help Desk.
Customer Name: City of Opa-Locka,FL 13
Contract# 4105-MA143
11.2.4 Customer will pack the malfunctioning equipment in the replacement equipment
packing material and ship malfunctioning equipment back to SunGard's service
center. Customer agrees to pay return shipping charges and incur the risk of
loss or damage in transit. Customer further agrees to pay shipping charges
associated with shipment of the replacement unit. Such charges will be added
to the next Customer invoice. At the Customer's option, the Customer may
specify that SunGard utilize less costly shipping methods than the standard
overnight option in non-emergency situations.
11.2.5 Malfunctioning equipment returned to SunGard, in the case of purchase or
lease/purchase, will become the property of SunGard unless Customer elects
repair, as outlined below.
11.2.6 Customer may elect to have the original equipment repaired and returned, in
which case Customer pays additional freight charges associated with the return
shipment to the Customer of the original malfunctioning equipment and return
the replacement equipment at Customer's expense as described above, when
the original replacement was made.
11.3 The Off-Site Maintenance Charges(OMC)do NOT cover.
11.3.1 Maintenance, repairs or replacement parts required due to loss or damage to
the equipment caused by the fault or negligence of Customer, alterations or
service performed by other than SunGard or its designee, or by acts of God.
11.3.2 Expendable items such as, but not limited to, ribbons, print elements,
diskettes, CD's, removable disks, and tapes.
11.3.3 Labor, travel time and travel expense for any maintenance activities
performed on the Customer's premises.
11.3.4 Labor, travel time and travel expense for services that are part of the Customer
system administrator responsibilities(as defined in Appendix 7).
11.3.5 Maintenance repairs or replacement parts required for service on SunGard
maintained equipment caused by environment, building power, or other
Customer controlled factors.
11.3.6 Labor, travel time and travel expense for service on SunGard maintained
equipment caused by environment, building power, or other Customer
controlled factors.
11.4 Service provided by SunGard, caused by exclusions, will be added to the next Customer
invoice at SunGard's then standard rates.
12. EXTENDED HARDWARE MAINTENANCE SERVICE
12.1 On-call remedial maintenance (maintenance performed by SunGard or its designee which
is necessary due to equipment failure) between the hours of 8:00 a.m. and 5:00 p.m. local
time, Monday through Friday, excluding holidays. For services performed outside these
hours and items covered under Exclusions, the Customer shall pay the SunGard charges
for travel time, labor time, plus travel expenses, at SunGard's then current rates.
Customer Name: City of Opa-Locka,FL
14
Contract#: 4/05-MA143
f'
12.2 Defined response to calls placed between 8:30 a.m. and 5:00 p.m. EST, Monday through
Friday, excluding holidays, are determined by the Customer's proximity to a designated
service location. Response time will be 4, 8 or 16 hours. Customers in close proximity to a
designated service location will receive 4-hour response to calls. Customers more distant
from a designated service location will receive either 8 or 16 hour response to calls.
Response time is relative to the time the call for service is received within the 8:30 a.m. to
5:00 p.m. EST call window. For example, a 4-hour response time for a call placed at 4:00
p.m. EST would guarantee response by 11:30 a.m. the next day. A 4-hour response time
call placed at 4:00 p.m. PST (7:00 p.m. EST) would guarantee a response by 9:30 a.m.
PST(12:30 p.m. EST)the next day.
12.3 Scheduled preventive maintenance (maintenance performed by SunGard or its designee,
if required by the original equipment manufacturer, which is designed to keep the
equipment in good operating condition), will be provided between the hours of 8:00 a.m.
and 5:00 p.m. local time, Monday through Friday, excluding holidays.
12.4 Parts will be replaced when necessary at SunGard expense with new or parts of equal
quality, on an exchange basis.
12.5 Labor and parts required to implement engineering changes considered essential by
SunGard or its designee to this operation of the equipment or for safety reasons will be
provided.
12.6 Selective Line Item Cancellation - SunGard agrees that, with respect to any computer
hardware no longer in use, the Customer may withdraw such equipment from this
Agreement (and receive an appropriate reduction in the maintenance fee) upon two (2)
months prior written notice to SunGard.
12.7 The Extended Maintenance Charges(EMC)do NOT cover:
12.7.1 Maintenance, repairs or replacement parts required due to loss or damage to
the equipment caused by the fault or negligence of Customer, alterations or
service performed by other than SunGard or its designee, or by acts of God.
12.7.2 Expendable items such as, but not limited to, ribbons, print elements, diskettes,
CD's, removable disks, and tapes.
12.7.3 Labor,travel time and travel expense for the installation of expendable items.
12.7.4 Labor, travel time and travel expense outside the hours provided for in this
Extended Hardware Maintenance Service Agreement.
12.7.5 Labor, travel time, travel expense and shipping expenses, if applicable, for the
moving of equipment from one location to another.
12.7.6 Labor, travel time and travel expense for repairs to equipment caused by
movement of equipment by non-SunGard personnel.
12.7.7 Labor, travel time and travel expense for installation, repair or diagnosis of non-
SunGard maintained equipment, such as, but not limited to, phone company
equipment.
12.7.8 Labor, travel time and travel expense for service on SunGard maintained
equipment caused by environment, building power, or other Customer controlled
Customer Name: City of Opa-Locka,FL 15
Contract ik 4105-MA143
factors.
12.7.9 Labor, travel time and travel expense for software or operator type problems
such as, but not limited to, recreating data packs.
12.7.10 Labor, travel time and travel expense for services that are part of the Customer
system administrator responsibilities(as defined in Appendix 7).
12.8 Service provided by SunGard, caused by exclusions, will be added to the next Customer
invoice at SunGard's then standard rates.
13. OPERATING SYSTEM OR UTILITY SOFTWARE TELEPHONE SUPPORT SERVICES
13.1 Direct Telephone Support - Direct telephone access to SunGard's System Software
Support personnel who provide timely answers to usage questions, assist Customer on
installing updates and resolve occasional software problems. This service is available
between the hours of 8:30 a.m. and 5:00 p.m. EST, Monday through Friday, excluding
SunGard honored holidays.
The above services will be provided by Internet or telephone communication contact
between SunGard and Customer. Customer will be responsible for all data line telephone
charges involved in providing telephone support services and SunGard will invoice
Customer at cost.
13.2 On-Site Support - Customer will have access to on-site support. On-site support will be
provided at the current published per diem fee plus all travel expenses. All fees will be
rounded off to the nearest half day. A day is defined as 8:00 a.m. to 5:00 p.m. local time,
Monday through Friday, excluding SunGard honored holidays. All on-site support time
outside these hours will be charged at SunGard's then current hourly rates for System
Software.
13.3 Customer Responsibilities
13.3.1 The Customer will be responsible to provide reliable access to the CPU(s) via
the Internet(Microsoft VPN, CISCO VPN, or Secure Shell (SSH)access to each
server), as well as a dedicated dial-up telephone line with a diagnostic modem
of SunGard specifications on the Customers computer equipment and a
"superuser" system log-in account with privileges for SunGard's use in support
of this Agreement. Internet access is required for SunGard's support delivery
and will be the primary connectivity medium.
13.3.2 The Customer will be responsible to provide a CD, 4mm DAT, DLT or SDLT
drive which will be used to install new software releases, updates,
enhancements, etc.
13.3.3 Customer will be responsible for the activities listed in the System Administrator
responsibilities in Appendix 7.
13.3.4 Customer will be responsible for the costs of travel, lodging and related
expenses for training and support provided by SunGard to personnel at
Customer's location.
13.4 Services necessitated by problems caused by unauthorized Customer changes, acts of
Customer Name: City of Opa-Locka,FL
16
Contract#: 4105-MA143
l
God, or Customer's improper use of the systems or equipment, or other causes beyond
SunGard's control may result in extra charges by SunGard.
14. CUSTOM PROGRAMMING SERVICES
14.1 General
14.1.1 SunGard offers custom programming as an optional service to the Customer.
When the Customer requests the service, SunGard will provide written
specifications and a fixed cost estimate for the work to be performed. The
Customer is granted a non-exclusive, non-transferable perpetual license to the
customized software and source program code.
14.1.2 An annual maintenance and support service for custom software is provided at
SunGard's current annual percentage of the standard charge for programming
the custom software. This maintenance and support service provides on-going
telephone support, bug fixes, and upward migration to new releases for custom
software.
14.1.3 SunGard retains ownership of all custom-developed software and may, at its
discretion, include the software in future releases of standard products.
14.2 SunGard Responsibilities
14.2.1 SunGard will provide a written cost estimate for the work to be performed subject
to a not-to-exceed 10%variance. This estimate will be based on mutually agreed
to specifications.
14.2.2 SunGard will install the software or provide instructions for Customer installation.
14.2.3 SunGard will provide telephone instruction in the use and features of the custom-
developed software.
14.2.4 SunGard will provide standard programmer documentation.
14.2.5 SunGard will test all modifications for anticipated conditions using test data or
data provided by the Customer.
14.2.6 SunGard will provide source code for all custom-developed programs.
14.2.7 SunGard will warrant software to perform as documented in the written
specifications.
14.2.8 SunGard will provide phone and technical support as well as any additional
programming to implement the custom-developed software in a minor release of
a standard application software product.
14.3 Customer Responsibilities
14.3.1 Customer will review SunGard-provided specification documents for errors and
omissions. After programming has started, project changes due to policy
change, or incomplete, or erroneous specifications may increase the cost of the
Customer Name: City of Opa-Locka,FL 17
Contract# 4105-MA143
project.
14.3.2 Customer will test all custom-developed software after installation on the
Customer's hardware before running in a"live"production environment.
14.3.3 Customer will reimburse SunGard for all reasonable travel and living expenses if a
site visit is required.
14.3.4 Customer will retain a copy of the modified source code on the Customers system
in the event future modifications are required.
14.4 Acceptance and Payment - Customer shall have a 45-day period immediately following
delivery of the custom programming project to test and verify that it functions in accordance
with the specifications. Any defects identified by Customer shall be reported to SunGard
for review and correction. If no defects are reported, payment is due at the end of the 45-
day testing period. If defects are discovered and reported to SunGard, payment is due as
soon as defect(s)are corrected.
15. OTHER PROVISIONS
15.1 Notice. All notices, consents and other communications under or regarding this
Agreement shall be in writing and shall be deemed to have been received on the
earlier of the date of actual receipt, the third business day after being mailed by first
class certified air mail, or the first business day after being sent by a reputable
overnight delivery service. Any notice may be given by facsimile, provided that a
signed written original is sent by one of the foregoing methods within twenty-four (24)
hours thereafter. Customers address for notices is City of Opa-Locka, 215 Perviz
Avenue, Opa-Locka, FL 33054, Attention: . SunGard's
address for notices is SunGard Pentamation Inc., 3 West Broad Street, Suite 1,
Bethlehem, PA 18018 Attention: Contract Administration. Either party may change its
address for notices by giving written notice of the new address to the other party in
accordance with this Section 15.1.
15.2 Parties in Interest.
15.2.1 This Agreement shall bind, benefit and be enforceable by and against
SunGard and Customer and, to the extent permitted hereby, their respective
successors and assigns.
15.2.2 Customer shall not assign this Agreement or any of its rights hereunder, nor
delegate any of its obligations hereunder, without SunGard's prior written
consent, except that such consent shall not be required in the case of an
assignment to (i) a purchaser of or successor to substantially all of
Customers business (unless such purchaser or successor is a software,
data processing or computer services vendor that is a competitor of
SunGard, its parent company or any of its Affiliates) or (ii) an Affiliate of
Customer, provided that the scope of each license granted under this
Agreement does not change and Customer guarantees the obligations of the
assignee. Any assignment by Customer in breach of this Section shall be
void.
Customer Name: City of Opa-Locka,FL 18
Contract# 4105-MA143
15.2.3 Any express assignment of this Agreement, any change in control of
Customer, any acquisition of additional business by Customer (by asset
acquisition, merger or otherwise by operation of law), and any assignment
by merger or otherwise by operation of law, shall constitute an assignment of
this Agreement by Customer for purposes of this Section 15.2 ("Customer
Assignment"). Customer shall give written notice to SunGard at least thirty
(30) days before a Customer Assignment certifying the expected use of the
Software to process any additional business related to such Customer
Assignment ("Additional Business"). If any Customer Assignment occurs,
Customer may continue to process its business to the extent it existed
before such Customer Assignment, but Customer may not use the Software
to process any Additional Business until and unless Customer has paid to
SunGard an Additional Business fee, to be negotiated at the time of the
Customer Assignment. Any use of the Software to process any Additional
Business before the payment of such fee shall be deemed a material breach
of this Agreement. Customer shall promptly complete and return to SunGard
periodic certifications which SunGard, in its sole discretion, may from time to
time send to Customer, certifying the actual use of the Software to process
any Additional Business.
15.3 Export Laws and Use Outside of the United States. Customer shall comply with the
Export Laws. Customer shall not export or re-export directly or indirectly (including
remote access) any part of the Software or Confidential Information to any App
Jurisdiction to which a license is required under the Export Laws without first obtaining
a license.
15.4 Relationship. The relationship between the parties created by this Agreement is that
of independent contractors and not partners,joint venturers or agents.
15.5 Entire Understanding. This Agreement, which includes and incorporates the
Appendices, and any other schedules, exhibits and addenda hereto states the entire
understanding between the parties with respect to its subject matter, and supersedes
all prior proposals, marketing materials, negotiations and other written or oral
communications between the parties with respect to the subject matter of this
Agreement.
15.6 Conflicts. In the event of any conflict between this Agreement and the Appendices, the
terms of the Appendices shall govern.
15.7 Modification and Waiver. No modification of this Agreement, and no waiver of any
breach of this Agreement, shall be effective unless in writing and signed by an
authorized representative of the party against whom enforcement is sought. This
Agreement may not be modified or amended by electronic means without written
agreement of the parties with respect to formats and protocols. No waiver of any
breach of this Agreement, and no course of dealing between the parties, shall be
construed as a waiver of any subsequent breach of this Agreement.
15.8 Audit. SunGard may, at its expense and by giving reasonable advance written notice
to Customer, enter Customer locations during normal business hours and audit the
number of copies of the Software and Documentation in Customer's possession, the
Scope of Use and information pertaining to Customer's compliance with the provisions
of Sections 1.1, 5.2, 8.2, 8.3 and 15.2. If SunGard discovers that there is an
unauthorized Scope of Use or that Customer is not in compliance with the provisions
19
Customer Name: City of Opa-Locka,FL
Contract tk 4105-MA143
of Sections 1.1, 5.2, 8.2, 8.3 and 15.2 in any material respect, then Customer shall
reimburse SunGard for the expenses incurred by SunGard in conducting the audit.
15.9 Severability. A determination that any provision of this Agreement is invalid or
unenforceable shall not affect the other provisions of this Agreement.
15.10 Headings. Section headings are for convenience of reference only and shall not
affect the interpretation of this Agreement.
15.11 Negotiated Terms. The parties agree that the terms and conditions of this Agreement
are the result of negotiations between the parties and that this Agreement shall not be
construed in favor of or against any party by reason of the extent to which any party or
its professional advisors participated in the preparation of this Agreement.
15.12 Personnel. Customer shall not, directly or through one or more subsidiaries or other
controlled entities, hire or offer to hire any programmer, trainer or member of a data
processing, customer support or conversion team of SunGard at any time when such
Person is employed or engaged by SunGard or during the six (6) months after such
SunGard employment or engagement ends. For purposes of this provision, "hire"
means to employ as an employee or to engage as an independent contractor, whether
on a full-time, part-time or temporary basis. This provision will remain in effect during
the term of this Agreement and for a period of one (1) year after termination of this
Agreement. In the event such activity occurs, Customer will pay to SunGard damages
in the amount of$50,000.
15.13 Jurisdiction and Process. In any action relating to this Agreement, (a) each of the
parties irrevocably consents to the exclusive jurisdiction and venue of the federal and
state courts located in the Commonwealth of Pennsylvania, (b) each of the parties
irrevocably waives the right to trial by jury, (c) each of the parties irrevocably consents
to service of process by first class certified mail, return receipt requested, postage
prepaid, to the address at which the party is to receive notice in accordance with
Section 15.1, and (d) the prevailing party shall be entitled to recover its reasonable
attorney's fees (including, if applicable, charges for in-house counsel), court costs and
other legal expenses from the other party.
15.14 Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original and all of which together shall constitute one and
the same instrument. If this Agreement is executed via facsimile, each party hereto
shall provide the other party with an original executed signature page within five (5)
days following the Execution Date of this Agreement.
15.15 Governing Law. THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN
ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA
EXCLUDING CHOICE OF LAW; PROVIDED, HOWEVER, THAT THE TERMS OF
ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON OR
SIMILAR TO THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT
DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM
STATE LAWS SHALL NOT APPLY.
15.16 Piggy Back Clause. Whereas Customer has conducted a competitive evaluation and
has concluded such efforts with this negotiated Agreement; therefore this Agreement
may serve as the basis for similar Agreements whereby other governmental entities
may contract separately with SunGard.
Customer Name: City of Opa-Locka,FL 20
Contract# 4/05-MA143
17,, y .
APPENDIX 1 - LICENSED SOFTWARE
:ice l st:::>::»::>::::>:::: :<::::<::>::>::::>::>::»;::»:««;:»;::>:::::>:::::»;;;>:>><<;::::>::;:::>:::<:<>:<:::::::>:>;;::::<::>:<:;::>::::»:><:::::>:>.::::;:>«:«::>::<::::>:::<;:.:.,;:.::::<.::.<;;;:.;::;:;:...>:.;:.;;;;;.;:.::<..:::::::::::::..:::::.
Financial Accounting $0 $3,840 2.0 6.0 $9,600
(Incl.:General Ledger,Project Accounting,Budgeting,
Purchasing,Accounts Payable)
Human Resources 12,600 2,100 3.0 9.5 15,000
(Incl.:Payroll,Personnel,Applicant
Tracking,Attendance and Workflow)
Regulatory Software-Class B(4) 7,475 1,725 - 1.0 1,200
Implementation Planning N/A N/A 1.0 - 1,500
Application Management N/A N/A - 0.5 600
Total Without Optional Items: $20,075 $7,665 6.0 17.0 $27,900
* First year maintenance and support included at no additional cost. Existing Government Resource Series(GRS)customers migrating to the PLUS SERIES
(PS)will be charged the annual maintenance amount shown in the Year 2 Maintenance column in the first year for all migrated applications which are indicated
by$0 license fee,starting in the month that training begins. Any unused maintenance for the GRS applications will be credited.
FinancePLUS Footnotes:
° Please see attachment for Regulatory software detail.
FinancePLUS requires the availability of an ANSI compatible"C"compiler.
Utility Billing (1) $0 $2,000 6.0 6.0 $14,400
Central Receipting 0 700 0.5 0.5 1,200
Permitting and Development 0 2,200 2.0 6.0 9,600
(Incl.Permits,Inspections,Contractor Registration)
Code Enforcement 7,200 1,200 1.0 2.5 4,200
Business Licensing (Includes Business Tax) 0 1,300 1.0 4.0 6,000
Special Assessments 7,200 1,200 1.0 2.0 3,600
Alarm Billing 4,800 800 1.0 1.0 2,400
Implementation Planning N/A N/A 1.0 - 1,500
Application Management N/A N/A - 1.0 1,200
Total Without Optional Items: $19,200 $9,400 13.5 23.0 $44,100
' First year maintenance and support included at no additional cost. Existing Government Resource Series(GRS)customers migrating to the PLUS SERIES
(PS)will be charged the annual maintenance amount shown in the Year 2 Maintenance column in the first year for all migrated applications which are indicated
by$0 license fee,starting in the month that training begins. Any unused maintenance for the GRS applications will be credited.
CommunitvPLUS Footnotes:
t A third-party meter reading interface is included in this application. Pentamation hasinterfaces with several third-party systems, including Sensus,
Invensys, EZ Route and Datamatic, without any modifications. However, your input/output formats may differ from those provided by the baseline
application. If so,Pentamation can modify the interface to meet your needs at our current programming rate of$150 per hour or$1200 per day.
CommunityPLUS requires the availability of an ANSI compatible"C"compiler.
City of Opa-Locka, FL
4/05-MA 143
eGovPLUS (1) $8,400 $1,400 2.0 $2,400
e- Utility Billing (1) 1,800 300 0.5 600
e-Permitting(1) 1,800 300 0.5 600
e- Inspection Scheduling (1) 1,800 300 0.5 600
e-Code Enforcement(1) 1,800 300 0.5 600
e- Business Licensing (1) 1,800 300 0.5 600
Total Without Optional Items: $17,400 $2,900 4.5 $5,400
First year maintenance and support included at no additional cost. Existing Government Resource Series(GRS)customers migrating to the PLUS SERIES
(PS)will be charged the annual maintenance amount shown in the Year 2 Maintenance column in the first year for all migrated applications which are indicated
by$0 license fee,starting in the month that training begins. Any unused maintenance for the GRS applications will be credited.
eGovPLUS Footnotes
Requires a Microsoft IIS Server. Training days include product training, installation of software at your site, creating the ODBC link to the application
server, and inserting your logo/seal where appropriate on the system. Any additional cosmetic changes to the software will be billed at our then current
rates.
Additional Training Notes:
The training fee for the above applications is$1,200 per day plus travel related expenses. Some training sessions maybe accomplished via the Internet thereby
reducing travel and living expenses.
Training days are based upon an eight hour day,which includes setup time.
Should additional daily time be needed for implementation assistance beyond the standard eight hour day, this can be scheduled with the trainer for the
standard training rate of$150/hour.
Any training required beyond those days indicated above will be performed at the then standard per diem or hourly training rate.
Training day counts are based on a maximum class size of 16 individuals(eight desktops with two individuals per desktop).
Any training scheduled more than 18 months after the execution date of this agreement will be at our then standard per diem rate.
The schedule for the above training services will occur as mutually agreed by SunGard and Client and as documented in a training agenda that will be sent to
the Client. SunGard's cancellation policy requires a 21-day advance notice to cancel scheduled training. Cancellations within 6-21 days of the scheduled
service will be invoiced at 50%of the total quoted service cost. Cancellation within 5 days,or on the scheduled date,the service will be invoiced at 100%of the
quoted cost. For any cancellation of on-site services,any non-refundable travel expenses will be invoiced to your organization at cost.
Bundle 1 -2 named users(1) $4,905 $981 ** --
Total Without Optional Items: $4,905 $981
'First year maintenance and support included at no additional cost.
**See following section for Cognos training days and costs.
City of Opa-Locka, FL
4/05-MA 143
I Includes 2 named users of Impromptu User,7 Impromptu Runtimes,and 1 copy of Impromptu Administrator.
City of Opa-Locka, FL
4/05-MA143
A"named user means an individual who is authorized by the customer to use the software irrespective of whether that individual is logged on to the customers
Intranet. There is no obligation to identify a"named user'by name. "Impromptu Runtime"means a contractually limited user version of Impromptu user with
fixed, frozen catalogs which permits a user to view and print pre-defined reports but does not permit a user to alter existing reports or create new reports.
Impromptu requires a NT or Novell server. Recommended minimum for the desktop is 96mb of memory and 100 MHz.
Cognos software is licensed by Pentamation to the customer for use only with Pentamation applications and/or applications developed by the customer which
utilize Pentamation application data.
Telephone support for Cognos products is provided to the customer by Pentamation. License and/or maintenance agreements do not entitle the customer to
access any Cognos technical support facility directly via either telephone or other means of communication.
:y:::;:�:::�::::f:::: i :::::: ::?:?:::'::: :: ::'':::::`?:::::::<:::iii::::t::�'•::?:::::?::::::: :!:;>:':: :E::::::::::�:::::::::::::::`;::;::<:3isi:`:::>'?:::<:::.............. ...::.::::.:::..::::.::::::::::.�:::::::.�::::.::::::.�..
FinancePLUS 2.0 $1,200 $2,400
CommunityPLUS 2.0 1,200 2,400
Total Without Optional Items: 4.0 $4,800
Training quoted is for the Impromptu product and Impromptu Web Reports(IWR). If PowerPlay training is desired, it would be offered at our regular per diem
rates.
<::�:<:::::>::<::'.»::>::::>::<?::::»:'.>::<:>::i:�::iii<��:»i:`•:'•>< :::i:j::}!:: :ii>'.z::<><> '»<>`•i�<>':''•': <> <'>`.��? '.>':>>�5`':�< >' ': >'.>>:' ��'. <
Microsoft SQL Server Database(1)
0.............................::::::::::::.Not Included Not Included
Four J's Concurrent User License 30 8,550 1,950
Four J's Server Compiler (9) 1 6,080 1,080
Total Without Optional Items: $14,630 $3,030
*First year maintenance and support included at no additional cost.
9 Requires one per installation. A single user for the Four J's server compiler meaning that only one user can run the Four J's compiler at a given time.
The site is not limited to a"named user'. The number of users is determined by concurrent usage of the compiler only; multiple programmers can do
program development work.
Macintosh clients require either a virtual PC emulator or a Four-J's client installed under Citrix. Costs are dependent on the number of Macintosh clients
required.
City of Opa-Locka, FL
4/05-MA 143
A y l-
APPENDIX 2 - IMPLEMENTATION SERVICES
Migration $15,000
Total: $15,000
Pentamation assigns each migration client Implementation Coordination Resources for each product area,stationed at Pentamation,to be the customers
focal point of contact during the implementation of our products.
Migration analysis and coordination services will be provided at a cost of$15,000. These services will include the following:
1 Develop and review with customer a preliminary implementation plan for the products and services outlined above.
2 Internal project coordinator of Pentamation implementation,custom programming,engineering,and other staff resources.
3 Review and analysis of Government Resource Series and PLUS SERIES comparative features and functionality.
4 Review,analysis,and detailed specifications of hardware and system software requirements.
Bank Reconciliation 0.0 $3,500 $1,050
Total Without Optional Items: $3,500 $1,050
Oat
Application/Files File Build Method Cost
Land Management(From existing computer files or County/State files1
Property File(Include: address parsing/soundex/legal) Conversion Program Optional $6,000
Active Permit File(Include: permits, inspections, Conversion Program Optional 9,600
fees, and plan reviews in progress)
Code Enforcement File(s) Conversion Program Optional TBD
Total of Optional Items: $15,600
City of Opa-Locka, FL
4/05-MA 143
I {
NOTE: Our approach to data file conversion is that it be performed with a combination of Pentamation-provided programming resources and data entry. The
major data files can be converted with the remainder of the smaller application files being entered directly into the system. The cost for our programming
conversion services is based on a rate of$1,200 per day. All programming effort will be performed at Pentamation's facilities and requires submission of data
files from the customer in flat ASCII format,with data elements organized to meet our Basic Services-Standard File Layout. All estimated costs for conversion
programs are based on receiving one file in flat ASCII format for each file indicated above. An additional charge will apply if the conversion requires multiple
input files or if a file conversion is desired for files other than those indicated. Technical services can be provided to the customer to create,correct or modify
the data extract files,at an additional charge.
Application/Files File Build Method Conversion Cost
Budget Preparation
Organization Chart Pentamation will provide an extract $3,300
Account List program to pull information from
Project List GRS Fund Accounting and build
Expenditure Ledger PE3.0 budget files.
Revenue Ledger
Project Ledger
Fund Accounting
Organization Chart Files will be built when information
Account List is posted from Budgeting
Project List
Expenditure Ledger
Revenue Ledger
Project Ledger
General Ledger Pentamation will provide a convert 2,600
and update option
Mid Year Summary Conversion program will create a 1,920
batch journal entry of summary year
to date general, expenditure, revenue
ledger, and project ledger Activity;
requires general ledger conversion
Vendor File Conversion Program 1,600
(including user-defined fields to
user-defined screens)
Purchasing
Requisition Files Data Entry 1,200
Purchase Order Files Data Entry
Change Order Files Data Entry
Commodity File Conversion Program
Total Without Optional Items: $10,620
Organization Table Conversion Options
City of Opa-Locka, FL
4/05-MA143
Convert the identical organization chart structure from the Government Resource Series into Budget Preparation in PLUS SERIES. This assumes you will be
retaining your six character key organization. Conversion costs are based on the customer running the data conversion programs and verifying the converted
data. Additional costs will be incurred if Pentamation runs the conversions. Custom fields in the Government Resource Series database may require a custom
conversion at an additional cost.
Retain your current six character key organization,but rather than a data conversion,key the new organization chart during training. This eliminates the need
for a conversion.
The PLUS SERIES accommodates a 16-digit key. You may want to consider expanding or changing your current structure. The PLUS SERIES
accommodates level by level totaling. We encourage you to discuss the options available if you change the structure. Data entry during training would then
eliminate the need for a conversion.
City of Opa-Locka, FL
4/05-MA 143
(-
For all Financial applications,transactions and history will build on the new system and will not be converted. Outstanding purchase orders will need to be re-
entered in the PLUS SERIES software for mid-year processing. The mid year general conversion will create summary entries based on net activity recorded in
each general ledger record and does not include encumbrance activity or budget changes.
Conversion timing is based on the standard implementation schedule.
Any files which are not specifically listed in this document will require data entry or will build as the system is used.
.1W4tf3##.. ill"#1tfllt:P.!#:... '�.. E'##EiT# .:>. Lbw..::::::.1111::::::::::::::::::::::::.;.;;:.;:.:.;;::»>::»::::»»::>:<:::;::>:>:<::111:::::::..;:.:..1::.::.:.:;:.;;:.;;:;:.;;:.;;;::::.;:.:;•:::
Conversio
Application/Files File Build Method n Cost
Utility Billing (V.4.0 to V.8.01
Customer Information Conversion Program $9,600
Billing Information Conversion Program
Service/Meter Information Conversion Program
Reading Information Conversion Program
Business License
Business Information Conversion Program 3,000
Owner Information Conversion Program
License Information Conversion Program
Category Information Conversion Program
Total Without Optional Items: $12,600
For Revenue applications, history will be converted when needed for billing operations otherwise, it will build on the new system with
customer use and will not be converted.
Conversion costs are based on the conversion of one set of data for each application. Additional costs will be incurred if Pentamation
must convert data retained in separate directories or offline.
Conversion timing is based on the standard implementation schedule.
Any files which are not specifically listed in this document will require data entry or will build as the system is used.
::>::Iria ePLUs.item Req i ment
FinancePLUS Windows Version
Requires a database of MS-SQL or IBM Informix.
Requires a Domain Controller with Active Directory when implementing a Windows Operating System on the Server.
City of Opa-Locka, FL
4/05-MA 143
ICI .... ... ........ ......:... ..............::::::..................::::..:::;::;;>::>:<:>:::>:>::::>:::.;.;;:.:::::::::<:::<:>;:>:::>::<::::::::::::.:..>.:.;:.;:.;::•
Requires a database of MS-SQL or IBM Informix or Oracle.
Requires a Domain Controller with Active Directory when implementing a Windows Operating System on the Server.
RSHD from Denicomp Systems for mailmerge.
Microsoft IIS Server
ODBC link to the database server
GIS Interface
ESRI ARCView8/9-ARCGis8/9
components required are ARC MAP and CATALOG
ODBC link to the database server
City of Opa-Locka, FL
4/05-MA 143
( i
SunGard Pentamation Inc.
Appendix 3 - Hardware/Services
City of Opa-Locka
27-May-05
., a z .,s Sri ru'a, r5 °zs�.`p*�ci°s. ,.t'3� 4rr rzt• �' J. 3 ,w„� FUnfi
WSCA Contract pricing
Quote ID:574967
Database Server
A 374110-001 (2)DL 380R04 X3.4-1MB/800 1GB Memory Cluster Package Phone $4,000 $14,734 $14,734
(1)3.4 GHz Processors,(1)MSA1000 Storage System 433 1,732
4 286778-B22 72.8 GB Pluggable U320 Hard Drive-15K 645 1,290
2 311583-B21 Intel Xeon Processor 3.4GHz/1MB 723 2,892
4 343056-B21 2GB REG PC2-3200(2x1GB) 7 723 346
2 355892-001 Hot Plug Redundant Power Supply Module
1 353804-B21 MSA1000 High Availability Upgrade Kit for Windows 9,269 9,269
(1)Redundant Controller(1)MSA SAN Switch 2/8(2)FCA2214 HBAs
Cables plus a ProLiant HA/F200 kit with Secure Path for two servers
8 347708-B22 146.8 GB Pluggable U320 Hard Drive-15K 683 5,464
1 U4560E HP CPe 3Y 4H 13x5 ProLiant DL380 Cluster Extended 1,898 1,898
License&Documentation
2 MKS Tool Kit 135.00 270.00
2 Optio Product Suite Phone 1,260 7,000.00 14,000.00
Services(Host&Client)
1 Installation and Setup Services 10,000 10,000
(2)System Setup,Bumin,System Test in Bethlehem...Install and
certify system and network on customer's site
(2)Installation and Setup of W2K3&Configure Cluster
(1)Installation and Setup of DataBase
(1)Migrate data and/or Recompile
Freight and Handling
1 Freight and Handling 500 500
Sub Total $5,260 $62,395
First Year Miantenance $6,520
TOTAL $68,915
( (
APPENDIX 4 - MAXIMUM SUPPORT HOURS
FinancePLUS Hours
Financial Accounting 22
(Incl.:General Ledger,Project Accounting,Budgeting,
Purchasing,Accounts Payable)
Human Resources 32
(Incl.:Payroll,Personnel,Applicant
Tracking,Attendance and Workflow)
Regulatory Software- Class B (4) 9
Total 63
CommunitvPLUS Hours
Utility Billing (1) 20
Central Receipting 10
Permitting and Development 24
(Incl.Permits,Inspections,Contractor Registration)
Code Enforcement 10
Business Licensing (Includes Business Tax) 10
Special Assessments 10
Alarm Billing 10
Total 94
APPENDIX 5 - PAYMENT SCHEDULE,
1 PLUS SERIESSoftware License $56,675
25%due upon contract execution $14,169
75%due 90 days after contract execution 42,506
2 Third Party Software 19,535
25%due upon contract execution $4,884
75%due 90 days after contract execution 14,651
3 Application Training/Additional and Supplemental Training 82,200
Due monthly as incurred; schedule to be mutually agreed between SunGard and Customer
4 Migration Coordination 15,000
Due upon contract execution
5 Custom Programming/Services 3,500
Due monthly as incurred
6 Travel and Living Expenses (Estimated) TBD
Due monthly as incurred
7 Data Conversions (Estimated) 23,220
Due monthly as incurred
8 Hardware and System Support Software 68,915
including Installation and Integration
100%due upon delivery
TOTAL: $269,045
Annual Maintenance and Support $31,546
Will be invoiced in accordance with the fees as set forth in Appendix 1.
APPENDIX 5 - OPTIONAL PAYMENT SCHEDULE
1 Data Conversions (Estimated) $15,600
Due monthly as incurred
TOTAL: $15,600
•
APPENDIX 6 - REGULATORY SOFTWARE
The following programs/reports are included with the PLUS SERIES Financial System:
Federal Requirements:
Federal 941 Report
Calculate Tax on Group Life Insurance Over$50,000
Financial Report Writer
1099 Reporting
1099-Misc
1099-R(retirement)
1099-Int
1099-G
W2 Processing
EEO4 Report
FLSA Processing
State Requirements:
Quarterly Wage Report
Retirement Report
Note: The output provided for these reports includes data and totals, supported within the application software, which are required by your organization to
complete the mandated government form. This data will be formatted correctly for electronic submission when the state or federal agency requires electronic
submission.
City of Opa-Locka, FL
4/05-MA 143
1
City of Opa-Locka,FL
4/05-MA143
t 1
APPENDIX 7
SYSTEM ADMINISTRATOR JOB RESPONSIBILITIES,
Effective System Administration is the key to a successful installation and smooth on-going system operation.
System Administration personnel will be the focal point for communications between your organization and
SunGard, and will handle the daily operation of the system.
System Administrative personnel should have or possess the potential to develop the following
knowledge and skills:
- General understanding of computer systems' architecture and configurations; recognizing such pieces
of hardware as CPU, memory, peripherals, scanners, etc.
- Understands general computer concepts such as relational database, operating systems, application
software,word processing, and fourth generation languages.
- Excellent verbal and written communication skills with administrators, programmers, and system
maintenance personnel.
- Understands the importance of data integrity and security(file backups and password control).
- Understands what your organization requires from each application.
Customer System Administration responsibilities include, but are not limited to,the following:
Operating System Administration:
- Sole responsibility for communications with SunGard Support personnel.
- Provide first level support to end users.
- Upgrade system software in conjunction with SunGard and the computer hardware manufacturer.
- Manage workload effectively.
- Train new staff on software packages.
- Train department personnel to use Report Writer.
- Maintain Documentation.
- Diagnose and resolve minor hardware problems.
* Configure and maintain PC Customer software.
* Monitor operating system and modify operating system parameters as required.
* Monitor hardware reliability, check error logs, and initiate corrective action when warranted.
* Add, delete, archive, and maintain configuration of users (for example, to access specific software
packages), and maintain user environments.
* Create print queues or virtual printers.
* Configure communication port(s).
* Set or modify IP address.
* Develop backup strategy, setup backup procedures, verify backups and restore files or file systems as
required.
- Perform backups.
- Maintain on and off site storage of backup media.
* Create and maintain cron jobs or other batch processes.
* Create and maintain printer configuration and setup.
- Maintain access to server(s)for support(i.e., Internet and backup modem access).
* Monitor system performance and tune operating system parameters for maximum efficiency.
* Monitor disk and file system utilization/permissions and adjust to meet site requirements.
* Create or modify default gateway.
* Verify software licensing.
- Maintain currency on support agreements.
* Install operating system patches.
- Install, configure and Maintain Sendmail.
- Install microcode or firmware updates as required.
- Install/reinstall operating system as required.
- Recompile applications as required.
- Evaluate application software utilization and setup.
Database Administration
* Maintain database security and access/permissions.
* Backup and restore specific databases or entire database environment.
* Backup and restore specific tables within database(s).
* Import or export databases as required.
* Perform checks for data consistency.
* Monitor and modify data allocation.
* Monitor database performance and adjust as required.
* Add DB space.
* Create test(or other special purpose)databases as required.
* Verify software licensing.
- Maintain currency on support agreements, software licensing and documentation.
- Install/reinstall database software as required.
System Security
- Ensure data and equipment security(physical and electronic).
- Monitor system access via modem or Internet.
* Investigate attempted security breaches.
* Monitor application software utilization and setup to ensure authorizations are administered correctly.
* Monitor file and database permissions and accounts.
SunGard offers telephone support agreements for operating system, database and utility software packages
to assist the Customer system administrator in the execution of basic and advanced administrative functions.
For Customers who contract with SunGard for these services, we will provide additional assistance (via
remote Internet or dial access) for the basic functions designated with an asterisk (*) in the above list the
first six months subsequent to installation (operating system, database software, utility software, application
software) by SunGard. After six months, Customers who do not contract with SunGard for Remote System
Administration Services will be invoiced on a per-call basis when SunGard is required to perform basic
administrative tasks via remote access on behalf of the Customer system administrator.
APPENDIX 8
GOVERNMENT RESOURCE SERIES (GRS) TO PLUS SERIES (PS) MIGRATION
A. Identification of Functional Requirements
1 Although the PLUS SERIES software applications are being used successfully in a live environment
at many customer sites across the country, there is some functionality which was provided in the
Government Resource Series software which is not available in the new PLUS SERIES software.
See Section D for a list of these features. For your reference, Section E lists features which are
provided in PLUS SERIES software which were not available in Government Resource Series
software. The purpose of the Customer identification of functional requirements is to verify that the
software will meet all of your requirements and to identify areas which may require procedural
changes or custom modifications.
2 Customer acknowledges they have reviewed the list and notified SunGard of any issues. Customer
will sign the Functional Requirements Checklist for each application noting any issues that were
encountered and return to SunGard no later than 30 days prior to live processing. In the event that
the Functional Requirements Checklist is not returned to SunGard, Customer acknowledges that
there are no issues with regard to this item.
B. Custom Proaramminq/Reports
Due to the design differences (database structure, program logic, etc.) of the Government Resource
Series and PLUS SERIES applications, previous Government Resource Series custom modifications
cannot be automatically converted into the PLUS SERIES applications. If required, previous
Government Resource Series custom modifications can be rewritten for the PLUS SERIES at a cost
which will be identified and addressed as follows:
1 For Financial and Community, Customer will contract with SunGard for two to five days of technical
consulting to determine the extent of custom modifications required. Consulting services will be
provided at our current hourly rate.
2 Customer will be responsible to review current custom software and custom reports to identify any
custom modifications which will be required for the PLUS SERIES product. Customer will provide
SunGard with written detailed requirements on a Request for Custom Programming Enhancement
form.
3 Customer will determine based on the preliminary estimate whether or not to proceed with a custom
modification. Return of the preliminary estimate signoff is SunGard's authorization to prepare
detailed specifications.
4 Customer will approve the detailed specifications indicating that the modification proposed will meet
the requirement.
! 5 ,
5 Customer will test any modifications in a test environment within 30 days of receipt to determine that
the project performs according to the agreed upon specifications. Note that this testing must occur in
a test environment to eliminate the possibility of causing data corruption with the newly written
modification.
6 The PLUS SERIES Systems use standard forms (such as checks, bills, etc.)which are different from
the Government Resource Series software. These include:
Fund Accounting
AP Checks
Purchase Orders
Human Resources
Payroll Checks
The PLUS SERIES Utility Billing
Utility Bills
Meter Read Sheets
Business License
Business Licenses
Invoices
Business License Tax Returns
Delinquent Tax Notices
Business License Applications
Permits
Permits
Cash Receipting
Receipts
Customer must decide whether to request a custom modification so they can continue to use the
existing form stock or whether to use the PLUS SERIES standard format. If a custom modification
is required, the steps above should be followed.
C. User Developed Reports
Due to the design differences (database structure, program logic, etc.) of the Government Resource
Series and PLUS SERIES applications, Customer will need to rewrite any Government Resource Series
user-defined reports that will be required for the PLUS SERIES product. This includes but is not limited
to IQ and Ace reports. SunGard resources can be made available to assist with this effort on a time and
materials basis.
D. Features in Government Resource Series NOT in PLUS SERIES
This list is provided for your information and to assist you with determining areas of the software which
may need to be included in your testing. We have attempted to identify features that we provided in the
standard Government Resource Series software which are not included in PLUS SERIES applications.
There may be additional features which have been overlooked.
Human Resources
1 Short Time Card entry
2 Overtime Analysis report
3 Financial Interface in Detail Mode (Detail distribution file maintains detail but posts to financials in
summary mode.)
4 Unlimited number of special pay codes for an employee (California only).
5 Unlimited number of exempt deduction codes on the pay code table (California only).
Fund Accounting
1 Expenditure comparison report—sort window
2 Revenue and Expenditure Status Query—summarize
3 Discount balance on encumbrance screen
4 Pooled Cash Ledger
5 Ability to close a period and/or year
6 Ability to exclude accounts with zero balances on reports
Purchasing
1 PO Type field
2 Distribution table on Requisitions and POs
3 Commodity table—taxable flag, asset flag, search name, account and project account
4 Vendor on each line item of requisition
5 Store vendor product code
6 Requisition and Purchase Order Allocation report
7 Summary mode for PO posting
8 Blanket PO
Budget Preparation
1 Calculate future year budget based on approved budget
2 Calculate benefits remaining for current year
3 Refine Budget Worksheet—display account title
Utility Billing V.4.0 (Features not in the PLUS SERIES Utility Billing)
1 Purge Closed Accounts functionality
2 Billing Pre-List Report
3 Customer History Report
4 Name Cross Reference Report
5 Address Cross Reference Report
6 Property Cross Reference Report
7 Customer Cross Reference Report
8 Property Owner Cross Reference Report
9 Selective interface to financials.
10 Credit for each service. In the PLUS SERIES Utility Billing, credit is held on the account.
Business License
1 No items identified
E. Features in PLUS SERIES NOT in Government Resource Series
General/Financials
1 Single database
2 Improved Security (views)
3 Menu Manager—add custom features
4 Reports to screen, file, printer or alternate printer
5 Improved user-defined screen
6 Graphical presentation
7 Enhanced navigation and usability
8 Shortcuts for Favorites
9 Ability to attach documents to records
10 Ability to drop reports into Microsoft Word
11 Ability to drop some reports into Microsoft Excel
12 Drop results of search list into Microsoft Excel or email
13 Advanced search capability
14 Spell checking capability on notes
Human Resources
1 Tiered deductions
2 Savings bonds
3 Future changes
4 Encumber salaries
5 Full Time Equivalents(FTE's)
6 Employee Worksheet("what if"scenarios)
7 Second pay check per employee in same run
8 Range—99 steps
9 Certifications
10 Leave rollover limit
11 Ten leave banks
12 Up to 20 pay rates per employee
13 Separate FICA and Medicare fields
14 Can search timecard by employee name
15 Check location code
16 Multiple taxing options on timecard
17 Attendance tracking
18 Calendars used for attendance checking
19 Query on any field of employee screens
20 Separate city, state fields on employee record
21 Manual check refund over-withheld taxes, deductions
f
22 Automated salary increase option
23 Tracks annual salary
24 Employee deduction summary screen
25 Streamlined pay run including stored pay run information
26 Payroll job stream reports can be run in background
27 Payroll job stream reports indicate check date, pay number, and employee number on each report
28 Security on individual employee screens
29 Pay rate history
30 Seniority screen
31 Improved 941 report format
32 Monthly deduction register by vendor
33 Accrue comp time by user-defined factor
34 Print a check register including manuals and voids
35 Redistribute salary charges
36 Print organizational charge and benefit charge reports selectively by pay run
37 Sounds like lookup on employee last name
38 Personnel activity tracker
39 Time entry (weekly by date)
40 Earnings analysis report
41 Precalc deduction report
42 Encumbering benefits
43 Print manual paycheck
44 Auto-assign employee ID
45 Automated payroll backup
46 Automated payroll restore from system administration menu
47 Forty exempt deductions per pay code
Applicant Tracking
1 Degrees
2 Job history
3 Interviews
4 Two applicant addresses
5 Auto assign applicant ID
Fund Accounting
1 Organization—10 levels
2 Year specific Organization Chart
3 16 characters for lowest level of organization
4 Organizational levels need not be hierarchical
5 Optionally pre-encumber requisitions
6 Multiple payable addresses
7 AP Checks by Invoice, PO, Batch
8 JE Report
9 Batch budget transfer
10 Optional user-defined account entry window
11 Delete inactive vendors
12 Clear checks by date
13 Document control number
14 Prior year organization field
15 Vendor address—separate city, state fields
16 Use tax functionality for vendor payments
17 Override vendor number auto-assign
18 Vendor by commodity class
19 Designate employees as vendors
20 Discount report
21 Additional control accounts in profile
22 Vendor Audit report
23 Close to Fund Balance
24 Ability to lock database during check processing
25 User specified sort and totals on some reports
26 Option- "warn" or"require" receipt of goods prior to payment
27 Fixed Assets interface includes check number
28 Automatic"inter-fund" balancing of JE's
29 User select default of partial/final flag in AP entry
30 Additional security resource to add or delete a vendor
31 Control overpayment of an invoice by a percentage and/or an amount
32 Detailed warehouse charge option in expenditure audit trail
33 Link organizations to a project
34 Inactivate expenditure accounts
35 Option to start"new year"journal entries with a user-defined number
36 Allow system to automatically assign number to budget transfers and start new year with a user-
defined number
37 Option to default vendor, invoice number, invoice date, and due date from previous transaction
within no PO payment menu selection
38 Ability to disallow by yes/no flag the usage of the account in requisition/PO charges, payroll charges,
and warehouse charges
39 Automatically record system-voided checks and reflect all voided checks in AP check register
40 Sounds like look up on vendor name
41 Configurable Check Reconciliation File Processing
42 Multiple account ranges for Fixed Assets
43 Eight reporting levels in Project Accounting
44 View journal entry, purchase order and payroll detail from Transaction display
Purchasing
1 Commodity table—bid information
2 Two alternate approvers
3 Item approval
4 Can add items to existing PO
5 Next year requisitions and PO's
6 Improved query capability
7 Specify fixed assets by account range
8 Location code or organization for approval
9 Change vendor on PO
10 Print date of change order on the change order
11 Reprint purchase order with change order information included - optional
12 Modify unit of measure and stock number in change option
13 Support a separate auto-number series for next year PO's
14 Integrate change orders in reports and displays
15 Distribute requisition, PO, and change order items by quantity
16 Vendor quotes
17 Option - set length of requisition and PO numbers and zero fill
Budget Preparation
1 Ability to freeze at a defined level—Department, Recommended and Approved
2 User specified sort on some reports
3 Eight reporting levels in project accounting
The PLUS SERIES Utility Billing (Features not in Utility Billing V.4.0)
1 Selection criteria is printed at the top of each report
2 ACH payment processing
3 Date of note, memo code, user-id, and date/time have been added to the customer notes feature.
Up to 50 lines per note are available.
4 A 3rd party may receive a copy of a customer's bill, delinquent bill, final bill, or shut-off notice
5 If the customer is renting, the owner may also receive a copy of a customer's bill, delinquent bill,
final bill, or shutoff notice
6 Only those services with outstanding balances are printed on the bills
7 The user may enter interest amounts associated with deposits. A history entry will be generated
indicating interest earned
8 Support for backflow meters and inspection dates
9 Entry reversal capability
10 Ability to identify an account in dispute
11 Ability to group printed bills
12 Ability to provide credit history
13 Ability to record an adjusted meter read and retain the original
14 Ability to report on services installed but not billed
15 Larger bill message field
16 Collection agency subsystem
17 Has a bankruptcy status
18 Automatic adjustment feature for changed meter readings
19 Ability to "flag" a note to display when a specific account is accessed
20 Ability to enter a comment as a transaction in history
21 Supports CASS postal processing
22 Tapping orders allow quick entry of information for new properties
23 Customer AR displays—summary with drill downs
24 Supports mid-cycle rate change pro-rating
25 Supports phonetic search—Soundex
26 Void payment feature automatically reverses transaction
Cash Receiptina
1 Centralized Receipting capability
2 Common report viewer for all print options that allows the user to view reports on the screen
Business License
1 Common report viewer for all print options that allows the user to view reports on the screen