Loading...
HomeMy WebLinkAboutContract 33094 TYSUNCARW CON _-2:�C94- HTE INC. SUPPLEMENT TO H.T.E.,INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN SUNGARD 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: Analysis Fees Living Expenses 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 30,000.00 Modfrcations/System Change R uest: 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 z 60,000.00 60,000.00 Project Management 24,000.00 8,160.00 15,840.00 Business Analysis 12,000.00 4,080.00 7,920.00 Travel and Living Expenses 3 15,000.00 15,000.00 Grand Total $ 220,500.00 1 $ 39,990.00 $ 39,000.00 $ 141 510.00 APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, 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 first 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 first 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 SunGard HTE Schedule A.doc Ver.03/23/05 3 of 4 January 3,2005 F 9 . Non-Hiring Statement `�J ,, D rm t e terryl of is Supplement and for a period of twenty-four(24) months after the termination of this Supplement,-W-0-k o fer to hire w employ or..,.,. pe%sat any of the employees of or persons who have been employed by H��the immediate past twenty-four(24)months without prior consent of 84W ihAu 46 px� . 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 TmTentCounty,Texas for resolution of ryfk�- all disputes in connection with this Supplement. 7A Wij+ 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. Autho d SJpdtk6 — Authorized Signature Marc Sants A. Ott Presidentt,,SunGard HTE Inc Assistant City Manager Print Name&Title/ Print Name&Title a004 January 4,2006 Date Date APROYED AS TO FORM AND LEGALITY: Assistant City Attorney Attested By: OLL, D•larty Hendrix CitV Secretary C r _2D._ I_q_ _r contract Authoria tion Date FSu2&!11Addu'T'e'1.'doc SunGard HTE Schedule A FTWO-2005150 Ver.03/23/05 4 of 4 - 7anuary 3,X005 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