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Home My WebLink AboutContract 45244 (2)CITY SECRETARY CONTRACT NO. `�5294 • SOFTWARI MAINT NANCH AGRI 1 MFINT BETWEEN SunGard Public Sector Inc. a Florida corporation with headquarters at 1000 Business Center Drive Lake Mary, FL 32746 ("SunGard Public Sector") AND City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 (for purposes of this Agreement, "Customer") By the signatures of their duly authorized representatives below, SunGard Public Sector and Customer, intending to be legally bound, agree to all of the provisions of this Agreement and all Exhibits, Supplements, Schedules, Appendices, and/or Addenda to this Agreement. City of Fort Wo rt h , TX BY: 1-2---nr-in.c.t_rd PRINT NAME: t:t,vntkflc\O COS�Q1 PRINT TITLE: NSA- , Mcu'noex PRINT TITLE: DATE SIGNED' // /D1/4/ DATE SIGNED r - .. _ - .'.nLIaTn _- =•.•itli^-ve•setSCr45/1M-: I a 1r- --q f' APPROVED AS TO FORM AND LEGALITY: Assistant CIty Astorney Vigfiarr:a C 3 wiS 9 so ef2a3c1 • SPS STANDALONE Maintenance 7/27/2011 Auested by Marty I qi ix, City y 1.2 0 f>Q��Clc;ts;j�� • a� gtais ou / }' Y) _ f/ \ Ligsil �� 40(70 "R""n. n ti ca 17 0o 0 0 0 ri 0,4* % 0 id i000000000-- clzk SXAS ecre`Y Page lof8 I-_-i I_.l SunGard Public Sector BY: PRINT NAME: Christian Coleman vv ano Controller, SunGard Public Sector Inc OFFII:IAL RECORD CITY 5 C aARY FT. WORTH, TX HIS AGREEMENT is entered into between SunGard Public Sector and Customer on the Execution Date, and SunGard Public Sector's obligations hereunder will commence on Execution Date. SunGard Public Sector and Customer have entered into an Agreement for H.T.E., Inc Licensed Programs dated October 19 1993 (the "License Agreement") for the Software. Customer desires that SunGard Public Sector provide Maintenance and Enhancements for and new releases of the Baseline Software identified in Exhibit 1 on the terms and conditions contained in this Agreement, and for the Custom Modifications identified in Exhibit 1 on the terms and conditions of this Agreement. Accordingly, the parties agree as follows: 1 Definitions. "Exhibit 1" means, collectively: (i) The schedule attached to this Agreement which is marked as ' Exhibit 1 ' including all attached Software Supplements; and (ii) any schedule also marked as "Exhibit 1" (also including any attached Software Supplements) that is attached to any amendment to this Agreement. Other appendices to this Agreement are numbered sequentially and are also "Appendices." "Baseline" means the general release version of a Component System as updated to the particular time in question through both SunGard Public Sector's warranty services and SunGard Public Sector's Maintenance Program, but without any other modification whatsoever. "Component System" means any one of the computer software programs which is identified in Exhibit 1 as a Component System, including all copies of Source Code Object Code and all related specifications, Documentation, technical information, and all corrections, modifications, additions, improvements and enhancements to and all Intellectual Property Rights for such Component System. "Confidential Information" means non- public information of a party to. this Agreement. Confidential Information of SunGard Public Sector includes the Software, all software provided with the Software, and algorithms, methods, techniques and processes revealed by the Source Code of the Software and any software provided with the Software Confidential Information does not include information that: (i) is or becomes known to the public without fault or breach of the Recipient; (ii) the Discloser regularly discloses to third parties without restriction on disclosure; or (iii) the Recipient obtains from a third party without restriction on disclosure and without breach of a non -disclosure obligation. "Discloser" means the party providing its Confidential Information to the Recipient. "Documentation" means the on-line and hard copy functional and technical specifications that SunGard Public Sector provides for a Baseline Component System, and that describe the functional and technical capabilities of the Baseline Component System in question. "Execution Date" means the latest date shown on the signature page of this Agreement. "Equipment" means a hardware and systems software configuration meeting the "Equipment" criteria set forth in Exhibit 1. "Intellectual Property Rights" means all patents, patent rights, patent applications copyrights copyright registrations, trade secrets, trademarks and service marks and Confidential Information. "Software" means the Component Systems listed in Exhibit 1. "Obiect Code" means computer programs assembled, compiled, or converted to magnetic or electronic binary form on software media, which are readable and usable by computer equipment. "Recipient" means the party receiving Confidential Information of the Discloser. "Software Supplement" means with respect to a Component System, the addendum provided as part of Exhibit 1 that contains additional terms, conditions, limitations and/or SPS STANDALONE Maintenance 7/27/2011 Page 2 of 8 other information pertaining to that Component System. If any terms of a Software Supplement conflicts with any other terms of this Agreement, the terms of the Software Supplement will control. "Source Code' means computer programs written in higher -level programming languages, sometimes accompanied by English language comments and other programmer documentation. "Contract Year" means with respect to each Baseline Component System and Custom Modification, the period identified in Exhibit 1. "Custom Modification" means a change that SunGard Public Sector has made at Customer's request to any Component System in accordance with a SunGard Public Sector -generated specification, but without any other changes whatsoever by any person or entity. Each Custom Modification for which SunGard Public Sector will provide Customer with Improvements is identified in Exhibit 1. "Defect" means a material deviation between the Baseline Component System and its Documentation, for which Defect Customer has given SunGard Public Sector enough information to enable SunGard Public Sector to replicate the deviation on a computer configuration that is both comparable to the Equipment and that is under SunGard Public Sector's control Further, with regard to each Custom Modification, "Defect" means a material deviation between the Custom Modification and the SunGard Public Sector - generated specification and documentation for such Custom Modification, and for which Defect Customer has given SunGard Public Sector enough information to enable SunGard Public Sector to replicate the deviation on a computer configuration that is both comparable to the Equipment and that is under SunGard Public Sector's control. "Enhancements" means general release (as opposed to custom) changes to a Baseline Component System or Custom Modification which increase the functionality of the Baseline Component System or Custom Modification in question. "Improvements" means, collectively, Maintenance, Enhancements and - New Releases provided under this Agreement. "Maintenance" means using reasonable efforts to provide Customer with avoidance procedures for or corrections of Defects. The hours during which Maintenance will be provided for each Component System, the targeted response times for certain defined categories of Maintenance calls for each Component System and Custom Modification, and other details and procedures (collectively, the "Maintenance Standards") relating to the provision of Maintenance for each Component System and Custom Modification are described in attached Exhibit L. "New Releases" means new editions of a Baseline Component- System or Custom Modification, as applicable. "Notification" means a communication to SunGard Public Sector's help desk by means of: (i) SunGard Public Sector's web helpline; (it) the placement of a telephone call; or (iii) the sending of an e-mail, in each case, in accordance with SunGard Public Sector's then current policies and procedures for submitting such communications. 2. Services. (a) Types of Services. During the term of this Agreement, SunGard Public Sector will provide Customer with Maintenance for, Enhancements of, and New Releases of each Baseline Component System and each Custom Modification identified in Exhibit 1. (b) Limitations. All Improvements will be part of the applicable Baseline Component System/Custom Modification, and will be subject to all of the terms and conditions of the License Agreement and this Agreement. SunGard Public Sector's obligation to provide Customer with Improvements for Baseline Component Systems owned by parties other than SunGard Public Sector is limited to providing Customer with the Improvements that the applicable third party owner provides to SunGard Public Sector for that Baseline Component System. Customer must provide SunGard Public Sector with such facilities equipment and support as are reasonably necessary for SunGard Public Sector to perform its obligations under this Agreement, including remote access to the Equipment. 3. Payment and Taxes. SPS STANDALONE Maintenance 7/27/2011 Page 3 of 8 (a) Maintenance Fees. For the Improvements, Customer will pay SunGard Public Sector the amount provided for in Exhibit 1 as the 'Payment Amount" for the first Contract Year For each Contract Year subsequent to the initial Contract Year, SunGard Public Sector reserves the right to increase the Improvements fees. Fees for Improvements for a Baseline Component System/Custom Modification are due on the first day of the first month of the Contract Year for that Baseline Component System/Custom Modification. (b) Additional Costs. Customer will also reimburse SunGard Public Sector for actual travel and living expenses that SunGard P ublic- Sector incurs in providing Customer with Improvements under this Agreement, with reimbursement to be on an as -incurred basis. S uch 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 and due within thirty (30) days from the date of invoice. (c) Taxes. Customer is responsible for paying all taxes (except for taxes based on SunGard Public Sector s net income or capital stock) relating to this Agreement, the Improvements, any services provided or payments made under this Agreement. Applicable tax amounts (if any) are NOT included in the fees set forth in this Agreement. If Customer is exempt from the payment of any such taxes, Customer must provide SunGard Public Sector with a valid tax exemption certificate; otherwise, absent proof of Customer's direct payment of such tax amounts to the applicable taxing authority, SunGard Public Sector will invoice Customer for and Customer will pay to SunGard Public Sector all such tax amounts. 4. Term This Agreement will remain in full force and effect throughout the initial Contract Year. After the initial Contract Year, this Agreement will renew for an additional Contact Year unless, at least six (6) months. prior to the expiration of the initial Contract Year, Customer notifies SunGard Public Sector in writing of Customer's intent not to renew the Agreement for the second Contract Year After the second Contract Year, this Agreement will automatically be extended for consecutive Contract Years on a year-to-year basis unless either party notifies the other in writing of its intent not to extend this Agreement for any particular Baseline Component System/Custom Modification at least six (6) months prior to the expiration of the then -current Contract Year 5. Disclaimer of Warranties Customer agrees and understands that SUNGARD PUBLIC SECTOR MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO ANY IMPROVEMENTS AND/OR ANY OTHER MATTER RELATING TO THIS AGREEMENT AND THAT SUNGARD PUBLIC SECTOR EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, S UNGARD PUBLIC SECTOR EXPRESSLY DOES NOT WARRANT THAT A COMPONENT SYSTEM, ANY CUSTOM MODIFICATION OR ANY IMPROVEMENTS WILL BE USABLE BY CUSTOMER IF THE COMPONENT SYSTEM O R CUSTOM MODIFICATION HAS BEEN MODIFIED BY ANYONE OTHER THAN S UNGARD PUBLIC SECTOR, OR WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE OTHER THAN THE EQUIPMENT. 6. Termination. A party has the right to terminate this Agreement if the other party breaches a material provision of this Agreement. Either party has the right to terminate this Agreement at any time while an event or condition giving rise to the right of termination exists. To terminate this Agreement, the party seeking termination must give the other party notice that describes the event or condition of termination in reasonable detail From the date of its receipt of that notice, the other party will have thirty (30) days to cure the breach to the reasonable satisfaction of the party desiring termination. If the event or condition giving rise to the right of termination is not cured within that period, then the party seeking to terminate this Agreement can effect such termination by providing the other party with a termination notice that specifies the effective date of such termination. Termination of this Agreement will be without prejudice to the terminating party's other rights and remedies pursuant to this Agreement. 7. Confidential Information. Except as otherwise permitted under this Agreement, the Recipient will not knowingly disclose to any third SPS STANDALONE Maintenance 7/27/2011 Page 4 of 8 party, or make any use of the Discloser's Confidential Information. The Recipient will use at least the same standard of care to maintain the confidentiality of the Discloser's Confidential Information that it uses to maintain the confidentiality of its own Confidential Information of equal importance. Except in connection with the Software and any software provided with the Software the non -disclosure and non-use obligations of this Agreement will remain in full force with respect to each item of Confidential Information for a period of ten (10) years after Recipient's receipt of that item. However, Customer's obligations to maintain both the Software and any software provided with the Software as confidential will survive in perpetuity. Notwithstanding the foregoing, confidential information shall not include any information that (i) is publicly known at the time of its disclosure (ii) is lawfully received from a third party not bound in a confidential relationship to either party (iii) is published or otherwise made known to the public by either party (iv) is independently developed by Recipient or Subsidiary of the Recipient without using Confidential Information of the Discloser or (v) is required to be disclosed pursuant to a court order duly authorized subpoena, or other governmental or legislative authority. 8. Notices. All notices and other communications required or permitted under this Agreement must be in writing and will be deemed given when: Delivered personally; sent by United States registered or certified mail, return receipt requested; transmitted by facsimile confirmed by United States first class mail, or sent by overnight courier Notices must be sent to a party at its address shown on the first page of this Agreement, or to such other place as the party may subsequently designate for its receipt of notices. 9. Force Maieure. Neither party will be liable to the other for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including Acts of God, acts of war, accident, labor disruption, acts omissions and defaults of third parties and official, governmental and judicial action not the fault of the party failing or delaying in performance. 10. Assignment Neither party may assign any of its rights or obligations under this Agreement, and any attempt at such assignment will be void without the prior written consent of the other party. For purposes of this Agreement, "assignment" will include use of the Software for benefit of any third party to a merger, acquisition and/or other consolidation by, with or of Customer, including any new or surviving entity that results from such merger, acquisition and/or other consolidation. However, the following will not be considered 'assignments' for purposes of this Agreement S unGard Public Sector's assignment of this Agreement or of any SunGard Public Sector rights under this Agreement to SunGard Public S ector's successor by merger or consolidation or to any person or entity that acquires all or substantially all of its capital stock or assets; and S unGard Public Sector's assignment of this Agreement to any person or entity to which S unGard Public Sector transfers any of its rights in the Software. 11. No Waiver..A party's failure to enforce its rights with respect to any single or continuing breach of this Agreement will not act as a waiver of the right of that party to later enforce any such rights or to enforce any other or any subsequent breach. 12. Choice of Law; Severabilitv. This Agreement will be governed by and construed under the laws of the State of Texas, without reference to the choice of laws provisions thereof. If any provision of this Agreement is illegal or unenforceable, it will be deemed stricken from the Agreement and the remaining provisions of the Agreement will remain in full force and effect. 13. LIMITATIONS OF LIABILITY. (a) LIMITED LIABILITY OF SUNGARD PUBLIC SECTOR SUNGARD PUBLIC SECTOR'S LIABILITY IN CONNECTION WITH THE IMPROVEMENTS OR ANY OTHER MATTER RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES THAT CUSTOMER ACTUALLY PAID TO SUNGARD PUBLIC SECTOR FOR THE IMPROVEMENTS FOR THE YEAR THAT SUCH LIABILITY ARISES (b) EXCLUSION OF DAMAGES. REGARDLESS OF WHETHER ANY REMEDY S ET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN N O EVENT WILL SUNGARD PUBLIC SPS STANDALONE Maintenance 7/27/2011 Page 5 of 8 S ECTOR BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), P RODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT SUNGARD P UBLIC SECTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE (c) BASIS OF THE BARGAIN. CUSTOMER ACKNOWLEDGES THAT S UNGARD PUBLIC SECTOR HAS SET ITS FEES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 14. Indemnification. 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, as well as fines assessments and penalties imposed by any authority, SunGard Public Sector shall indemnify and hold harmless the Customer from and against all direct damages and costs of any kind, including but not limited to reasonable attorney fees, arising out of or resulting from any negligent acts, or negligent omissions of SunGard Public Sector, 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. 15. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to its subject matter and supersedes and extinguishes all prior oral and written communications between the parties about its subject matter. Any purchase order or similar document which may be issued by Customer in connection with this Agreement does not modify this Agreement No modification of this Agreement will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Agreement. SPS STANDALONE Maintenance 7/27/2011 Page 6 of 8 EXHIBIT 1 Maintenance Software Identified Customer. City of Fort Worth, TX CONTRACT YEAR: October 1, 2011 (or anniversary thereof) through one year thereafter* *Notwithstanding the forgoing, the initial term of support services for the Electronic Learning Pass (HELP) Card — LF shall be July 1, 2011 through June 30, 2012. Improvement fees for Baseline Component Systems • Improvements fees for associated Component Systems are as indicated in the attached invoice number 40651 dated 8/31/2011 and invoice number 36571 dated 5/31/2011. Improvement fees are due thirty (30) days prior to the commencement of the Contract Year for which such fees are being remitted. Improvement fees for any Contract Year subsequent to the initial Contract Year are subject to change and will be specified by SunGard Public Sector in an annual invoice. APPLICABLE TAXES ARE NOT INCLUDED IN THIS EXHIBIT 1, AND, IF APPLICABLE, WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. Improvements Surcharge Imposed In Certain Instances: At the commencement of any Contract Year where Customer is operating on a version of a Baseline Component System that is, more than two (2) general release versions behind the then current release for any Component System, SunGard Public Sector will assess a ten percent (10%) surcharge over and above the Improvements fee for that Contract Year, with such surcharge to be imposed on a prorated basis for the portion of the Contract Year that Customer remains on a general release version that is more than two (2) releases behind the then -current release of the Component Systems in question. Once Customer is using a release that is no more than two (2) general release versions behind the then current release, the Improvements surcharge will be removed on a prospective basis as of the date that Customer is using the release that is no more than two (2) general release versions behind the then current release. Page 7 of 8 SPS IFAS STANDALONE Maintenance 7/1/2010 EXHIBIT 2 Maintenance Standards Hours During Which SunGard Public Sector's Telephone Support Will be Available to Customer in Connection with the Provision of Maintenance: Unless otherwise noted in Exhibit 1, support hours are Monday through Friday 7:00 A.M. to 6.00 P.M. Continental US Local Time excluding holidays ("5x11"). II. Targeted Response Times. With respect to SunGard Public Sector's Maintenance obligations, SunGard Public Sector will use diligent, commercially reasonable efforts to respond to Notifications from Customer relating to the Baseline Component Systems/Custom Modifications identified in Exhibit 1 of this Agreement in accordance with the following guidelines with the time period to be measured beginning with the first applicable SunGard Public Sector "Telephone Support" hour occurring after SunGard Public Sector's receipt •of the Notification: Urgent 1 Critical 2 Non - Critical 3 A support issue shall be considered Urgent when it produces a Total System Failure, meaning SunGard Public Sector's Component Systems are not performing a process that has caused a complete work stoppage. A support issue shall be considered Critical when a critical failure in operations occurs meaning SunGard Public Sector's Component Systems are not performing a critical process and prevents the continuation of basic operations. Cntical problems do not have a workaround This classification does not apply to intermittent problems. A support issue shall be considered Non -Critical when a non critical failure in operations occurs; meaning SunGard Public Sector's Component Systems are not performing non -critical processes, but the system is still usable for its intended purpose or there is a workaround. Minor A support issue will be considered Minor when the 4 issue causes minor disruptions in the way tasks are performed, but does not affect workflow or operations This may include cosmetic issues, general questions, and how to use certain features of the system. SunGard Public Sector has a stated goal to respond within 60 minutes of the issue being reported and have a resolution plan within 24 hours. SunGard Public Sector has a stated goal to respond within two hours of the issue being reported. SunGard Public Sector has a stated goal to respond within four hours of the issue being reported. SunGard Public Sector has a stated goal to respond within 24 hours of the issue being reported. Resolution=Goat*_ Although resolution times vary dependmg on the exact issue and customer environment, SunGard Public Sector has a stated goal to resolve an urgent issue within 24 hours OR provide a resolution plan with urgent issues within 24 hours of the issue being reported. A resolution plan details the steps necessary to understand and possibly resolve the issue. * Measured from the moment a Case number is created. As used herein a "Case number" is created when a) SunGard Public Sector's support representative has been directly contacted by Customer either by phone, email, in person, or through SunGard Public Sector's online support portal, and b) when SunGard Public Sector's support representative assigns a case number and conveys that case number to the Customer. Page 8of8 SPS IFAS STANDALONE Maintenance 7/1/2010 SUNGARG' PUBLIC SECTOR 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com Bill To: City of Fort Worth 1000 Throckmorton Street FORT WORTH, TX 76102 United States Attn: Julie Smith 817-392-8579 Customer Grp/No. 1 1501LG • Contract Customer Name City of Fort Worth electron! Greillt Card payment, laintepapce.Start: 01/QGi�?01 t Contract No .;0715, ?CO tract No;i200112 • ,Contract ::Contract Contras• 0/Sep/20 200607 VIi=.Custoiner,Inforrnatton Sys.e rnterianc$.Statt:0110ct12011, .,End: 301Sep12Q12 AVI-DMS=:Qocument_Management Services:::;;. am enancg.Start;•01/0ct/201:End::30/Sep/201 Company LG Invoice Document No Date 40651 31/Aug/2011 Ship To: City of Fort Worth 1000 Throckmorton Street FORT WORTH, TX 76102 United States Attn: Julie Smith 817-392-8579 Customer PO Number Currency USD Terms NET30 Page 1 of Due Date 30/Sep/2011 • Page Total I 76,569.20.� w_ .�-...�,, SUNGARD' PUBLIC SECTOR 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com Bill To: City of Fort Worth 1000 Throckmorton Street FORT WORTH, TX 76102 United States Attn: Julie Smith 817-392-8579 Customer Grp/No. 1 1501LG Customer Name City of Fort Worth lJ• CoideIDescripfign1Coniments AVL:t WorkOrde s/Fac Mgmt;' :' •:" aintenance Start .91/Q02011,' End aviline-Land/Parcel. Managgmenf aintenance.$tart 01/Octl2011,`•`Snd _'301S4/201 Contract o: •961205 etrofit Modification Opttion . aintenance Start. Oj%Oct12011,r..' '331Sep120 `Sun$a d. Pubhc..ectgr;ltic:. : Remlt.i'aymenf To.• . EvE "on.. : t3ank'of.Arneerica'-::r • " ;.� 2.7.a9 :Gol Icfion,C@nter Drive • Chicago, IL.&OG93. RSA R• eference. Number: Company LG Invoice Document No Date 40651 31/Aug/2011 Ship To: City of Fort Worth 1000 Throckmorton Street FORT WORTH, TX 76102 United States Attn: Julie Smith 817-392-8579 Customer PO Number Currency USD Terms NET30 ayment Page 2of2 Due Date 30/Sep/2011 ..'_• :4-Rod. j :.. ..... 217QprOO.f. • SUNGARDr PUE3I._IC SECTOR 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com Bill To: City of Fort Worth 1000 Throckmorton Street FORT WORTH, TX 76102 United States Attn: Julie Smith 817-392-8579 Customer Grp/No. 1 1501LG Customer Name City of Fort Worth No SKU Code/Description/Comments Contract No. 20060766 1 Electronic Learning Pass (HELP) Catd-LF Maintenance Start; 01/Jul/2011, End: 30/Jun/2012 Remit Payment To: SunGard Public Sector Inc. Bank of America 12709 Collection Center Drive Chicago, IL 60693 PSA Reference Number: Company LG Invoice Document No Date 36571 31/May/2011 Ship To: City of Fort Worth 1000 Throckmorton Street FORT WORTH, TX 76102 United States Attn: Julie Smith 817-392-8579 Customer PO Number Currency USD Terms NET30 Units Rate 1.00 4,800.00 Page Total Subtotal Sales Tax Page 1of1 Due Date 30IJun/2011 • Extended 4,800.00 u4y800.00 :....,,...: 4,800.00 .cr. M1 0.00 t; Invoice Total I 4,800.00 Payment Received �0.00 Balance Due i 4,800.00 f t ->,—....—:.=per,.. . M&C Review Page 1 of 2 IL COUNCIL ACTION: Approved on 10/13/2009 DATE: 10/13/2009 REFERENCE NO.: C TYPE: CODE* SUBJECT: C-23849 NON - CONSENT LOG NAME: PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT WORTII 60SUNGARD PUBLIC SECTOR NO Authorize a Sole Source Agreement for Continued Support and Maintenance of the Customer Information and Billing System for the Water Department from Sungard Public Sector Inc., for an Amount up to $102,700.00 r. RECOMMENDATION: It is recommended that the City Council authorize a sole source agreement for continued software maintenance and support from Sungard Public Sector Inc. for the Water Department's customer information and billing system for an amount up to $102,700.00 DISCUSSION: On September 30, 2003, (M&C P-9864) and again on December 20, 2005 (M&C C-21214), the City Council approved the purchase of continued software maintenance and support for the customer information and billing system. The Water Department's customer information and billing system supports the collection of revenues for water, sewer, recycling, solid waste environmental protection services and storm water, in addition to voluntary contributions. Over the past five years, the number of billing system accounts has grown from 186,000 to 216,000 per year, a 14 percent increase whereas the revenue collected has increased from $263 million to $376 million per year; a 43 percent increase. The continuance of this software agreement with Sungard Public Sector Inc , 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 This agreement allows the Water Department the ability to upgrade the billing software to support customer requested functionality such as paperless billing, email notification of bill generation and recurring credit card payments. in addition to customer facing enhancements, upgrading the billing software also provides enhancements which streamline major facets of processing and maintaining accounts and transactions. If all options are exercised under this Agreement, staff anticipates spending approximately $102,700.00 annually for these services over the next four years. Sungard Public Sector Inc., is the documented sole source vendor for these services. ADMINISTRATIVE AMENDMENT - An increase or administrative amendment for this Agreement may be made by the City Manager, or his designee, for an amount up to $25,000.00 and does not require specific City Council approval so long as sufficient funds have been appropriated. M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Water Department and approved by the M/WBE Office because the purchase of goods or services is from a documented sole source provider. TERM - This Agreement shall begin on October 1, 2009 and end on September 30, 2010. 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. http://apps.cfwnet.org/council_packet/mo Jeview.asp?ID=12419&councildate-10/13/2009 11/11/2011 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Water and Sewer Operating Fund. TO Fund/Account/Centers FROM Fund/Account/Centers PE45 539120 0604012 $51.350.00 PE45 539120 0704012 $51.350.00 Submitted for City Manager's Office bv: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Barbara J. Wilson (8272) ATTACHMENTS http://apps. cfwnet. org/council_packet/mc_review.asp?ID=12419&councildate=10/13/2009 11 /11 /2011