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Home My WebLink AboutContract 38068CITY SECRETAR'� cc"TRAnT 3 � _ SUNGARD PUBLIC SECTOR INC. SUPPORT SERVICES AGREEMENT CONTRACT NO. FTWO-0M075 This SunGard Public Sector Inc. Support Services Agreement ("Agreement") is entered into by and between SunGard Public Sector Inc. (SunGard Public Sector), a Florida Corporation, with its principal place of business at: 1000 Business Center Drive, Lake Mary, Florida 32746; 1. and City of Fort Worth (Customer), with its principal place of business at 1000 Throckmorton Street Fort Worth, TX 76102 Schedule of Licensed Programs Covered Under this Agreement Support Services Fee for Initial Term October 1, 2008 - September 30, 2009 Selectron Credit Card Payment - CIS - 610.00 one point Point of Sale - KM L640.00 CIS Voice Re onse Selectron - V2 19640000 Mck2Gov Core Module - Kl 13580900 ClickWov Customer Information System - K2 57305900 Qrep Administrator - CG 300.00 )rep End User - CG 13 3,900.00 QRep Catalogs (CF LX,WF,CX) - CJ (4) 13240000 NAVI - Customer Information Systems - CX 58,110.00 NAVI - Document Management Services - DX 19015.00 NAVI - Work Orders/Facilities Management - WF 16,495.00 NAVI - Land/Parcel Management - LX 0.00 NAVI - Cash Receipts - CR 55650000 Retrofit Modifications (31) - MI 3,100.00 Subtotal $ 1009585.00 Payment Received - HUG Credit (500.00) Total $ 100,085.00 2. TERM. The Term of this Agreement shall be from October 1, 2008 to September 30, 2009("Initial Term"). This Agreement can be renewed for successive one (1) year terms by payment of the then -current annual Support Services Fee. SunGard Public Sector will invoice Customer when the Support Services Fees are due. 3. SUPPORT SERVICES. For so long as Customer has purchased Support Services and is current in its payments to SunGard Public Sector, Customer shall be entitled to receive, and SunGard Public Sector agrees to provide, the following services which are hereinafter referred to as "Support Services" for the Licensed Programs listed in Paragraph 1 hereof 3.1 Program Fix Service. Customer shall promptly report to SunGard Public Sector any errors or defects in the Licensed Program's which prevents the Licensed Programs from operating substantially in accordance with their documentation and shall further provide such information as may be required by SunGard Public Sector to replicate such errors or defects. Customer agrees to provide dial -in access to Customer's computer in order for SunGard Public Sector to investigate reported errors or defects. SunGard Public Sector will address any such replicable errors or defects with an effort commensurate with their severity and will deliver to Customer a remedial release or workaround as it becomes available. In the event the problem Customer reported as an error or defect was in fact not in the Licensed Programs, then Customer shall pay SunGard Public Sector, at SunGard Public Sector's then current list price therefor, for tune spent as a result of Customer's report. a i OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX SunGard Public Sector Inc. Support Services Agreement 1 FTWO-081075 -SunGard Public Sector Support Agreemen wi Mod.doc Revised 092603 November 12, 2008 3.2 Software Upgrades and Updates. Customer shall receive, at no additional cost, upgrades and updates to the Licensed Programs which are generally made available at no cost by SunGard Public Sector to customers who have purchased Support Services. Customer shall receive one original of any upgrade or update to the Licensed Programs delivered hereunder in electronic form or on media, according to the general form of distribution implemented by SunGard Public Sector. Customer agrees that any upgrades or updates provided by SunGard Public Sector shall be held by Customer upon all of the terms and shall be subject to all of the conditions contained in the license agreement granting Customer the right to use the Licensed Programs. 3.3 Telephone Support. SunGard Public Sector shall make available a toll free telephone support line, twenty-four (24) hours a day, seven (7) days per week, for use by Customer's representatives who shall have received training on the Licensed Programs and who shall be relatively proficient in the operation of the Licensed Programs, 3.4 Exclusions. Support Services do not include on -site services nor Licensed Programs that are not at the latest release level or the level immediately prior to the latest release, or for which Customer has not installed all distributed corrective code, or Licensed Programs that have been modified or customized, or that have been damaged by negligence, misuse, use with inappropriate software or equipment or by other external causes. 4. SUPPORT SERVICES FEES. 4.1 Support Services Fees for the Initial Term hereof are as provided in Paragraph 1, and are due and payable upon execution of this Agreement. 4.2 Support Services Fees for Renewal Terms are due and payable prior to the first day of the Renewal Term, and are subject to change upon each renewal date. 4.3 Support Services Fees stated herein do not include sales (or equivalent) taxes. Taxes due, if any, will be added to Customer's invoice. 4.4 Support Services Fees are not refundable in whole or in part, except in the event of Customer's termination for cause as provided in Paragraph 9.3 hereof. 5. MODIFICATION MAINTENANCE SERVICES. For so long as Customer has purchased Modification Maintenance Services and is current in its payments to SunGard Public Sector under this Agreement, Customer shall be entitled to receive, and SunGard Public Sector agrees to provide, the following service: 5.1 Modified Program Compatibility. For each non Licensed Program in library HTEMOD that was written by SunGard Public Sector or any Licensed Program that has had custom modifications performed by SunGard Public Sector at the customer's request, SunGard Public Sector will perform all necessary programming to ensure that the program is compatible with each new software release, version, or Program Temporary Fix made available by SunGard Public Sector. 6. MODIFICATION MAINTENANCE FEES, 6.1 Modification Maintenance Fees are determined on an annual basis. This determination is based upon the number of modified programs prior to each renewal period multiplied by the then current rate charged per program. 6.2 Modification Maintenance Fees are not refundable in whole or in part. 7. WARRANTIES AND REMEDIES, SunGard Public Sector warrants that the Support Services provided under this Agreement shall be performed professionally, in a workmanlike manner and by employees with appropriate skills and expertise. Except as provided in this paragraph, CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, IN THE EVENT SUNGARI) PUBLIC SECTOR BREACHES THIS WARRANTY, IS TO TERMINATE THIS AGREEMENT PURSUANT TO THE TERMS OF PARAGRAPH 9 BELOW. 8. LIMITATION OF LIABILITY. SunGard Public Sector's liability to Customer for any losses or damages, whether direct or indirect, arising out of this Agreement, shall not exceed the Support Services Fees paid for the Initial Term or Renewal Term then in effect. In no event shall SunGard Public Sector be liable for any indirect, special, or consequential damages, or economic loss in connection with, or arising out of, this Agreement. 9. TERMINATION. This Agreement may be terminated as follows: 91 Upon Customer's failure to renew this Agreement at the expiration of the Initial Term or any Renewal Term. SunGard Public Sector Inc. Support Services Agreement 2 FTWO-081075 - SunGard Public Sector Support Agreement with Mod.doc Revised 092603 November 12, 2008 9.2 By SunGard Public Sector, if Customer fails to pay Support Services Fees on or before the due date, then this Agreement shall terminate if non-payment continues for more than ten (10) days after receipt of notice in writing from SunGard Public Sector to Customer of such non-payment setting forth the sum then due and how such sum was determined. 9.3 Except as provided in Paragraph 9.2 hereof, by the non -breaching party, in the event this Agreement is breached by a party and that party fails to cure the breach within thirty (30) days after having been given written notice thereof. 9.4 If Customer terminates this Agreement and subsequently desires to reinstate Support Services, SunGard Public Sector's then -current policy with regard to reinstatement shall apply. 10. GENERAL TERMS. Choice of Law/Dispute Resolution. This Agreement shall be governed by laws of the State of Texas. Prior to either party commencing any legal action under this Agreement, 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, then either party may commence legal action against the other. Binding Agreement. The individual signing this Agreement for Customer warrants that he/she has been duly authorized to bind Customer to all rights, duties, remedies, obligations and responsibilities hereunder and that the Agreement is a valid and binding obligation of Customer. Assignment. This Agreement and the rights, title, and interest herein, may not be assigned or transferred by Customer without the prior written consent of SunGard Public Sector, which consent may be withheld. SunGard Public Sector may assign its rights, title and interest herein by providing prior written notice to Customer. Successors Bound. The terms and conditions of this Agreement shall extend and inure to the benefit and be binding on the respective successors and permitted assigns of Customer and SunGard Public Sector. Force Majeure. Neither party shall be held responsible for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control. Severability. If any term or provision of this Agreement or the application thereof to any entity, person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to entities, persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Notices. Any notice provided for herein shall be in writing and sent by registered or certified mail, postage prepaid, addressed to the party for which it is intended at the address set forth on the first page of the Agreement or to such other address as either party shall from time to time indicate in writing. Any notice given pursuant to this paragraph shall be deemed given when received or five (5) calendar days from the date of the mailing, whichever occurs first. Headings. Numbered topical headings, articles, paragraphs, subparagraphs or titles in this Agreement are inserted for the convenience of organization and reference and are not intended to affect the interpretation or construction of the terms hereof. Non -Hiring Statement. During the term of this Agreement and for a period of twenty-four (24) months after the termination of this Agreement, neither party may offer to hire or in any way employ or compensate any of the employees of the either party or persons who have been employed by either party within the immediate past twenty-four (24) months without prior written consent of either party. Non -waiver. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement. Entire Agreement, This Agreement constitutes the entire agreement between the parties with respect to Support Services, and there are no representations, conditions, warranties, or collateral agreements, expressed or implied, statutory or otherwise, with respect to this Agreement other than as contained herein. This Agreement supersedes all previous communications, representations or agreements, either written or oral, between the parties. This Agreement may not be modified or supplemented in any way except by written agreement signed by persons authorized to sign agreements on behalf of Customer and of SunGard Public Sector. Preprinted conditions which vary from the terms and conditions herein, and which are contained in any purchase order or other document submitted hereafter by Customer, are of no force or effect. SunGard Public Sector Inc. Support Services Agreement 3 FTWO-081075 - SunGard Public Sector Support Agreement with Mod.doc Revised 092603 November 12, 2008 The parties, each acting with due authority, have executed this Ageement by setting forth their respective signatures: CITY OF FORT WORTH, TX Authorized Signature Print Name &Title Date SUNGARD PUBLIC SECTOR INC. Ronaldm�o awodrdw r Exec.VP, SunGard Public Sector Inc Print Name &Title "A.fA f \ L i Y ■ Cont:raci. Autwhorizat;ica� to OFFICIAL RECORD CITY SECRETARY FT: WORTH, TX SunGard Public Sector Inc. Support Services Agreement 4 FTWO-081075 - SunGard Public Sector Support Agreement with Mod.doc Revised 092603 November 12, 2008 11 • 1 •iii U• Mayor a Council Communication DATE: Tuesday, December 20, 2005 LOG NAMEa 60SUNGARD REFERENCE NO.: **C-21214 SUBJECTS --------------- - 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 information and billing system for $103,370.00; 1_ /C)(I l D6 -1- for the Water Department's customer (f30/,9(, 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 far high availability and disaster recovery planning for fihe 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 fihe collection of revenues for water, sewer, recycling, solid waste and environmental pro#action 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 Logname: COStTNGAIZi) Page 1 0l'? services on an as needed basis to support all billing functions including storm water. 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 addifiional 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_Fu_n__d/A_cco_untlCenters FROM. Fund/AccountlCenters PE45 539120 060.1.00.1. $286,9_35_00 F'E45_ _ 5,39120. 0701001 $286193.5,00 Submitted for_City _Mana erO#Fice _by" Marc Ott (8476) Or9inati D"a__rtment Head= Frank Crumb (8207) Additional Information Contact. Teresa Harwood (6644) Log»atr�e: GOSUNUf1RD Page 2 of 2