HomeMy WebLinkAboutContract 33094 CITYSECRETARYSUNGARD" -
HTE INC.
SUPPLEMENT TO H.T.E.,INC. SOFTWARE LICENSE AND SERVICES AGREEMENT
BY AND BETWEEN SUNGARI)HTE INC.AND CITY OF FORT WORTH,TX
SCHEDULE A-PRICING AND PAYMENT SCHEDULE
CONTRACT NO.FTWO-20051501
This Supplement is to the Agreement for H.T.E., Inc. Licensed Programs Agreement dated October 19, 1993 (Agreement),
between SunGard HTE Inc. (HTE) and City of Fort Worth, TX (Customer). Unless otherwise stated below, all terms and
conditions as stated in the Agreement shall remain in effect.
Designated Machine
Use of the Licensed Program(s) provided in this Supplement on platforms other than specified below, without written
permission from HTE,may be subject to an upgrade charge.
Type: Model: Serial Number
Operating System: Tape Drive:
Project
Management/
Conversion Modification Business Travel and
SunGard HTE Services No.of Das Training Fees Fees Fees 1 Analysis Fees Living Expenses 3
Conversion Pro rammin :
Land/Parcel Management Address Match-SCR 2005-9001 $ 24,000.00
Customer Information System-SCR 2005-9002 31,500.00
Conversion Program Contingency Items for LX and CX r 30,000.00
Modfications/System Change R nest::
SCR:Automatic Component Update $ 30,000.00
SCR CX:Automatic Transfer of service on Storm Water accounts
from old LX owner to current 30,000.00
Project Management: 20 $ 24,000.00 $ 4,500.00
Business Analysis: 10 12,000.00 3,000.00
Training: 7,500.00
LX/CX Conversion Review 4 $ 4,800.00
Customer Maintenance/Billing 4 4,800.00
Parallel 4 4,800.00
Go-Live 5 6,000.00
Post Go-Live 3 3,600.00
SunGard HTE Licensed Program Totals 50 $ 24 000.00 $ 85 500.00 $ 60 000.00 $ 36 000.00 $ 15 000.00
Due Upon Due As Due As
Contract Incurred/ Otherwise
Payment Schedule* Total Contract Execution Delivered Noted
Training Fees $ 24,000.00 $ 24,000.00
Conversion Fees 85,500.00 $ 27,750.00 $ 57,750.00
Modification Fees 2 60,000,00 60,000,00
Project Management 2-410-0--0.0-0 8,160.00 15 840.00
Business Analysis 12,000.00 4,080.00 7,920.00
Travel and Living Expenses 15,000.00 15,000.00
Grand Total $ 220 500.00 1$ 39,990.00 1$ 39,000.00 1$ 141510.00
APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLk, WILL BE ADDED
TO THE AMOUNT IN THE PAYMENT INVOICE(S)BEING SENT SEPARATELY TO THE CUSTOMER.
SunGard HTE Schedule A FTWO-20051501 SunGard HTE Schedule A.doc
Ver.03/23/05 1 of 4 January 3,2005
*Payments:
THE AMOUNTS NOTED ABOVE SHALL BE PAYABLE AS FOLLOWS.
Training Fees: On invoice,as incurred.
Conversion Fees: 50%upon the execution of the System Change Request(SCR) (includes $250.00
processing fee noted below)and the remaining 50%upon completion.
Modification Fees: 50%upon the execution of the System Change Request(SCR)(includes$250.00
processing fee noted below)and the remaining 50%upon completion
Project Management Fees: 34%due upon execution of this Supplement; 33%due upon completion of the
fust training session but not later than ninety(90)days following execution of this
Supplement;and 33%due upon final go-live but not later than 270 days following
execution of this Supplement. The term"Go-Live"is referred to as Customer's
use of the tested data in a production(and not testing)mode.
Business Analysis Fees: 34% due upon execution of this Supplement; 33% due upon completion of the
fust training session but not later than ninety(90)days following execution of this
Supplement;and 33%due upon final go-live but not later than 270 days following
execution of this Supplement. The term "Go-Live" is referred to as Customer's
use of the tested data in a production(and not testing)mode.
Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be
invoiced as incurred and shall be governed by the HTE Corporate Travel and
Expense Reimbursement Policy.
Note 1: Conversion Program Contingency Fees listed above are estimates only. Final pricing shall be defined in System
Change Request(SCR) to be developed. Upon execution said SCR(s) shall become part of this Schedule A-Order Form and
shall be covered by the terms and conditions of this Schedule A-Order Form.
Note 2: Modification Fees listed above are estimates only. Final pricing shall be defined in System Change Request(SCR)to
be developed. Upon execution said SCR(s) shall become part of this Schedule A-Order Form and shall be covered by the
terms and conditions of this Schedule A-Order Form
Note 3: The above listed Travel and Living Expenses are estimates only and are included for budgeting purposes. Actual
Travel and Living shall be billed as incurred.
Testing and Acceptance
Specified in attached System Change Request.
Training
Listed above are the numbers of days of training for each phase. Additional training, if requested by the Customer, can be
provided upon request at the standard billing rate in effect at that time. Any fee quoted does not include travel and living
expenses.
Project Management
Project Management fees will be invoiced in the amounts and under the terms stated above. A mutually agreeable work plan
will be created by the HTE Project Manager and the Customer. Additional Project Management, if requested by Customer,
will be invoiced at the standard billing rate in effect at that time. Any fee quoted does not include travel and living expenses.
Conversion
Conversion, if provided for herein, or if requested by the Customer after contract execution, will be controlled by the HTE
Systems Change Request(SCR)form which will be prepared for the Customer by the HTE Conversion Team Manager. There
will be a Two Hundred Fifty dollar ($250.00) non-refundable processing fee for preparation of each SCR requested by the
Customer. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with fifty
percent(50%)payment,which includes the non-refundable processing fee. The final fifty percent(50%)payment is due upon
completion. Data must be given to HTE in an IBM compatible format on a specified magnetic media and must match data
field definition. Input data file clean up shall be the responsibility of the Customer. Additional conversion, if necessary, will
be invoiced at the prevailing rate per hour. It is agreed that no two systems and file structures are exactly alike and there may
be a need for some manual conversion efforts to take place along with the electronic conversion. SCR form(s) for any
conversion services included in this Supplement are attached for Customer signature and return to HTE along with this
Supplement.
SunGard HTE Schedule A FTWO-20051501 SunGard HTE Schedule A.doc
Ver.03/23/05 2 of 4 January 3,2005
Modifications and Modification Retrofit Maintenance
Modifications if applicable will be controlled by the HTE System Change Request (SCR) form, which will be prepared for
Customer by the HTE Product Manager responsible for that module. There will be a Two Hundred Fifty dollar($250.00)non-
refundable processing fee for preparation of each SCR requested by the Customer. HTE will proceed on the SCR when the
signed SCR is returned with Customer's authorization along with 50%payment, which includes the non-refundable processing
fee. The final 50%payment is due upon completion.
Customer is responsible for the cost for HTE to retrofit its modifications into new releases. Provided Customer exercises its
option to have HTE maintain specific Modification Retrofit objects and pays HTE's annual Modification Retrofit Maintenance
fee, support for each modified object shall be invoiced annually. The current annual maintenance fee of$100.00 per object is
subject to change.
Scheduled Resource Changes
Customer acknowledges that HTE makes every effort to schedule training and project management sessions sufficiently in
advance to make effective use of HTE's personnel and to obtain favorable prices for travel and living. Accordingly, the
following cancellation charges apply to training and on-site project management sessions canceled at the request of Customer:
Cancellation within seven(7)days of start date, Customer pays fifty percent(50%) of the total price for the training or on-site
project management; cancellation within three(3) days of start date,Customer is responsible for entire price of the training or
on-site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non-
refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE
personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful in such
rescheduling,Customer's payment obligations shall be reduced.
Source Code Escrow
Unless otherwise provided herein, the Licensed Program(s) are provided in and may be used in machine-readable object code
form only. HTE offers the Customer, through a third party escrow agent, a Source Code Escrow Agreement that provides for
release of the source code version of the Licensed Program(s)from escrow upon the occurrence of certain release events,such
as HTE's failure to provide required maintenance services as agreed.
Limitation of Liability
To the extent permitted by law, and to the extent provided for under this Agreement, for claims related to bodily injury,death
and damage to real property and tangible personal property, HTE shall indemnify and hold harmless the Customer from and
against all direct damages and costs of any kind, including but not limited to reasonable attorney fees, arising out of or
resulting from any negligent acts, or negligent omissions of HTE,regardless of whether such claims are caused in part by any
party indemnified hereunder,but not to the extent that the Customer is legally liable for such damages and costs. In no event,
however, will HTE be liable for any consequential damages, including lost profits, savings or reprocurement costs, even if
HTE has been advised of their possibility.
Except for HTE's obligations to indemnify the Customer under infringement actions, as noted in Sections VIII and XI of this
Agreement, and claims for personal injury or damages to real or tangible personal property caused by HTE's negligence as
noted above, HTE's liability for damages to the Customer for any cause whatsoever under this Agreement, regardless of the
form of action,is limited to the total amount of fees paid by Customer under this Agreement for HTE Licensed Program(s)and
services,not including any fees associated with HTE project management and related out-of-pocket expenses.
In situations involving performance or nonperformance of Licensed Program(s)furnished under this Agreement,the
Customer's remedy is(1)the correction by HTE of Licensed Program defects,or(2)if,after repeated efforts,HTE is unable to
make the Licensed Program(s)operate as warranted,the Customer shall be entitled to recover actual,direct damages to the
limits set forth in this section upon the return or complete destruction of the Licensed Program(s)for which damages are
sought.
Publication
HTE reserves the right to publish certain information regarding this Supplement. Publication may include, but shall not be
limited to, using Customer's name in a press release announcing this Supplement and listing Customer's name on HTE's
complete customer listing that is made available to other HTE customers and potential customers.
Preprinted Terms and Conditions
Preprinted conditions and all other terms,not included in this Supplement or in the Agreement, on any purchase order or other
document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Agreement, and if
applicable, this Supplement and the Hardware Purchase Agreement if applicable, shall control unless expressly accepted by
HTE in writing to the Customer.
SunGard HTE Schedule A FTWO-20051501 SuriGard HTE Schedule A.doc
Ver.03/23/05 3 of 4
January 3,2005
9 '
Non-Hiring Statement _�J ,,
D in t e term of ' is Supplement and for a period of twenty-four(24)months after the termination of this Supplement,�e /6Ta
�c/a..l o
pwt e�� et o fer to hire any of the employees of or persons who have been
employed bye in the immediate past twenty-four(24)months without prior consent of Lk g�{�.a.tC t� t
Dispute Resolution
Prior to either party commencing any legal action under this Supplement, the parties agree to try in good faith, to settle any
dispute amicably between them. If a dispute has not been settled after forty-five(45) days of good-faith negotiations and as
may be otherwise provided herein,then either party may commence legal action against the other. Each party hereto agrees to
submit to the personal jurisdiction and venue of the state and/or federal courts in or for Tarlmv-County,Texas for resolution of ryri
all disputes in connection with this Supplement. "Ta KoG am+
This Schedule A - Order Form is entered into under the terms and conditions of the Agreement for H.T.E., Inc.
Licensed Programs between the parties. The attached System Change Request(s) further define the services to be
provided and must be signed and returned with this Schedule A—Order Form.
The terms and conditions contained in this Supplement, including the prices, will be honored as set forth herein,
provided this Supplement is fully executed by January 31,2006.
Customer warrants that the amounts to be paid hereunder will be paid out of appropriated funds and are not part of a
financing arrangement with any third party.
CITY OF FORT WORTH,TX SUNGARD HTE INC.
1 �
u Autho d SJ4udbAuthorized Signature
Sants
Marc A. Ott it President,SunGard HTE Inc
Assistant City Manager
Print Name&Title/ Print Name&Title
aDd 6 January 4,2006
Date Date
APROyRD AS TO FORM AND LEGALITY:
Assistant City Attorney
A.ttestcd By:
Marty Hendrix
City Secretary
contract Authoria tiox
Date
{
SunGard HTE Schedule A FTW0-20051501 SunGard HTE Schedule A.doc
Ver.03/23/05 4 of 4 January 3,2005
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/20/2005
DATE: Tuesday, December 20, 2005
LOG NAME: 60SUNGARD REFERENCE NO.: **C-21214
SUBJECT:
Authorize a Sole Source Agreement for Continued Support and Maintenance of the Customer
Information and Billing System for the Water Department from Sungard HTE Inc.
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize sole source purchase agreements for:
a. Continued software maintenance and support from Sungard HTE for the Water Department's customer
information and billing system for $103,370.00;
b. Expansion of Sungard HTE's License and Maintenance Agreement for enhanced billing, auditing, and
reporting capabilities for$70,815.00;
C. Professional services from Sungard HTE in support of existing and future system enhancements
including storm water billing, staff augmentation, staff training, and project management for$320,500.00;
d. Professional services from Sungard Availability Services for high availability and disaster recovery
planning for the customer information and billing system for$79,185.00;
2. Authorize this agreement to begin December 21, 2005 and expire October 31, 2006; and
3. Authorize options to renew for three additional one-year periods.
DISCUSSION:
The Water Department's customer information and billing system supports the collection of revenues for
water, sewer, recycling, solid waste and environmental protection services, in addition to voluntary
contributions.
On September 30, 2003, (M&C P-9864) the City Council approved the purchase of continued software
maintenance and support for the customer information and billing system for FY2004-2005. Approval of
this Mayor and Council Communication will allow for continuation of software maintenance and support.
The software expansion agreement will allow the Water Department to modify the current billing, process
control, and financial reporting capabilities of the system in support of the daily and monthly reconciliation
and interface to the City's financial system to provide for better audit controls.
The professional service contracts are required to implement the billing system for the proposed storm
water utility. The total cost for Sungard HTE services required to allow for the addition of storm water billing
is $220,500. In addition to the billing component, Sungard HTE will provide on-going annual technical
services on an as needed basis to support all billing functions including storm water.
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/27/2006
Page 2 of 2
Finally, this agreement will provide for comprehensive business continuity and disaster recovery plan to
mitigate risk and provide for redundancy within the system.
Sungard Inc. is the documented sole source vendor for these services.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office because the purchase of goods or services is from a sole
source.
RENEWAL OPTIONS - This agreement may be renewed for up to three additional one-year terms at the
City's option. This action does not require specific City Council approval provided that the City Council has
appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that funds are available in the current operating budget, as
appropriated, of the Water and Sewer Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 539120 0601001 $286,935.00
PE45 539120 0701001 $286,935.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Frank Crumb (8207)
Additional Information Contact: Teresa Harwood (6644)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1/27/2006