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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-231Temp Reso#10863 November 29, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005-,�3A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE AND ISSUE PAYMENT OF CURRENT AND FUTURE ANNUAL SOFTWARE MAINTENANCE FEES TO H.T.E., INC. AS PROVIDED IN THE ANNUALLY APPROVED BUDGET, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission passed resolution # R97-76, authorizing the appropriate City Officials to execute an Agreement with H.T.E, Inc. for the implementation of a Comprehensive Municipal Information System, attached hereto as Exhibit 1; and WHEREAS, the City has been paying annual maintenance fees for software support services from October 1998 through September 2004, as part of the original Agreement with H.T.E, Inc.; and WHEREAS, the City Commission passed Resolution # 2004-245, authorizing the implementation of the Naviline user interface and the acceptance of a new annual support and maintenance fee structure, attached hereto as Exhibit 2; and WHEREAS, annual maintenance fees provide the City with unlimited support for all H.T.E applications and all future software upgrades; and WHEREAS, funding for H.T.E annual maintenance fees and services are approved in the annual budget; and Temp Reso#10863 November 29, 2005 Page 2 WHEREAS, the Director of Information Technology recommends approval and payment of current and future annual maintenance fees as long as the City continues to utilize H.T.E. applications; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to approve and issue payment of current and future annual software maintenance fees to H.T.E., Inc. as provided in the annually approved budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials are hereby authorized to approve and issue payment for current and future annual maintenance fees as provided in the annually approved budget. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. I -I I Temp Reso#10863 November 29, 2005 Page 3 1 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this _ day of ,Dr-e-embef , 2005. JOE SCHREIBER MAYOR ATTEST: q. ' 44/RECORD OF COMMISSION VOTE: ' L;11 `f.MARION SWENSON, CIVIC MAYOR SCHREIBER �� . CITY CLERK DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF I HEREBY CERTIFY that DIST 4: COMM. ROBERTS I have approved this RESOLUTION as to form. MUEL S. GOREN CITY ATTORNEY r PKUPUShL) CITY COMMISSION AGENDA ITEM 1 [Exhibit 1 City "CDom mission Meeting of. April 9, 1997 Cut off date: March 26, 1997 TIE Item title: - -1 COPY U; FOR I a Lew IT, I My I IT*= I � IS TM a -1 Lei I I symmi arem P I MINI WAR= N FAM"Allelt arms 9 ;I&W, I A ;34 ITIA -*;Us tam 1:01 M: :Am MUM: lift 0 DATE. 0 Resolution r=E9 U Ordinance [] Quasi -Judicial The initiating Department Director is to mark the number of preferred sequence of transmiftal (e.g, city Attorney (2), City Manager (4), Building (1), etc.) between the parentheses "( )" below for each department that must initial their review in order,for this item to be placed. on the City Commission agenda. Department 7) City Attorney 8 City Manager 6 Asst. to City Manager Building Official 9 City Clerk Community Dev. Customer Service 5 Finance Fire I MIS Parks and Recreation Personnel Public Works/Engr. 2 Purchasing 3 Risk Management Social Services Utilities 4 Budget Initials for Initials for !PP Disapproval Initiating Department Director Signature: Levent S lu Date: \3 3 --11 Date - W 1 /T7 14 0' 3 '7 1-KVrV*btL) AULNUA I I LIVI � STAFF APPROVAL RECOMMENDED YES X NO � proposed Agenda item is being submitted for Staffs approval and recommendation for / Commission action on - April 9,1997 -- . Original documentation is attached ewith for distribution and inclusion on the City Commission Agenda. PROPOSED G N I=M 9 "P 'ESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE PROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC -D HARWARD TECHNICAL ENTERPRISES INC. (HTE), FOR A COMPREHENSIVE MUNICIPAL :'ORMATION SYSTEM AT A COST OF $822,449, INCLUDING A 10% CONTINGENCY OF $74,768; OVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE TE. EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND HARWARD TECHNICAL TERPRISES INC., FOR A COMPREEHENSIVE MUNICIPAL INFORMATION SYSTEM. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - S-TAFF RECOMMENDATION E CITY MANAGER, DIRECTOR OF FINANCE AND THE DIRECTOR OF MANAGEMENT INFORMATION RVICES RECOMMENDS APPROVAL. ----------------------------------------------------------------------- — ------------------- — ------- ADVISORY BOARD RECOMMENDATION C- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - FUNDING DATA -3. tr- (5) YEAR LEASE/PURCHASE FUNDED FROM ACCOUNT #501-888-59".2D "REPLACEMENT OF 4TRAL COMPUTER SYSTEM". INSURANCE MITTED BY: ROVE Revised 2/13/97 3/19/97 3/24/97 3/28/97 3/31/97 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 97- 74 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND HARWARD TECHNICAL ENTERPRISES INC. (HTE), FOR A COMPREHENSIVE MUNICIPAL INFORMATION SYSTEM AT A COST OF $822,449, INCLUDING A 10% CONTINGENCY OF $74,768; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, existing applications of the City's information system have been in service for over fifteen (15) years and are not meeting the needs of the users in serving the citizens of the City of Tamarac; and WHEREAS, the City completed an internal information systems needs analysis and implementation plan and from that developed a request for proposal (RFP); and WHEREAS, based on written responses to the RFP, demonstrations, vendor reference checks, and site visits, HTE, Inc. was recommended unanimously by the MIS Advisory Committee and the Staff Users Group to supply the City with the new Municipal Information Systems; and WHEREAS, the City Commission passed resolution #R96-240 authorizing the appropriate City Officials to negotiate an agreement with HTE, Inc.; and WHEREAS, the committee appointed by the City Manager negotiated an agreement with HTE Inc.; and WHEREAS, financing for this project is being submitted to the City Commission for approval; and . WHEREAS, hardware maintenance is a separate agreement with IBM, in the amount of approximately $26,000 for five years and will be submitted to the Commission for approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute an agreement with HTE, Inc. Revised 2/13/97 3/19/97 3/24/97 3/28/97 3/31/97 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: ,5eation I m The foregoing 'VMEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this. resolution - h$eg.tion 2; The appropriate City Officials are hereby authorized to execute a software license and services agreement and all of its supplements with HTE Inc., attached hereto as Exhibit A for a cost of $822,449 including a 10% contingency of $74,768. Section 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Sectim 4; If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affed the validity of the remaining portion or applications of this Resolution. Sj&tion 5; This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this q day of AN IZ- 1997. ATTEST. CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have appr(5ved th is RESOLUTION as to foft n..,i I . � ,- / J /I / MITCHELL S. KRA CITY ATTORNEY _01 JOE SCHREIBER' MAYOR ff!!T I �_Aiffw _177 �M =Ae Ltj oc 3r='7_7'-J1r , �01_7�rya CITY OF TAMARAC INTEROFFICE MEMORANDUM MIS DEPARTMENT TO: City Manager DATE: February 12, 1997 FROM: Director of MIS RE: HTE Contract Recommerldation: Approval and execution of the agreement with HTE Inc., for the acquisition of the new Municipal Information System, 1..,5 —su e: Replacement of the City's existing municipal applications with the modern information systems hardware and software. The City of Tamarac has been utilizing the existing applications, for over fifteen (15) years and they are not meeting the demands of the City employees in serving the citizens of the City of Tamarac. In April, 1995, the City completed an internal study to determine. the deficiencies in the existing systems and also developed a needs analysis. In March 1996, based on the study and the recommended path Of improvements, the City issued a request for proposal (RFP), outlining the hardware and software technology needed to address the City's information systems needs for today and for the future. Three vendors responded to the RFP. Following the vendor selection process, a staff users group consisting of actual users of the current systems and the MIS Advisory Committee unanimously recommended the hardware and software from HTE, Inc., of Orlando, Florida which —also successfully supplied Municipal Information Systems to many other'local governments such as Coral Springs, Sunrise, Davie, Margate, Pompano Beach, and others, The City commission, at its October 23, 1996 meeting, passed the resolution #R96-240 authorizing the appropriate City Officials to negotiate an agreement with HTE, Inc. Per Your appointment, the Negotiation Committee, consisting of Purchasing and Contracts Manager, Budget Administrator, MIS Systems Manager and Director of MIS negotiated the agreement. An analysis of the cost of this acquisition is attached hereto. Members of the negotiation committee recommend the approval and execution of the agreement with HTE, Inc. It is expected that the project will take two years to implement and will include the automation of most City functions such as: financial systems, human resources, payroll, utility billing, customer service, building permits, work orders, facilities management, fleet maintenance management, occupational licenses, code enforcement, community development, etc. HTE products are also compatible with the City's anticipated GIS system and once implemented will be an integrated system. 1"11 e ent Sucuoglu 1� v Attachment City of Tamarac Municipal Information System A*cquisition Cost Analysis JGMBA (OL, AP, Budget & Projects) Extended Reporting Purchasing / Inventory Bids Module Asset Management 11 Miscellaneous Receivable Loans Module Cash Receipts Payroll / Personnel Applicant Tracking Land Management Building Permits Code Enforcement Business Licenses Planning & Zoning Customer Information System Work Order / Facility Management Fleet Management Fuel Interface Voice Response BP Parks & Recreation GUI 400 Server - All Applications above 3UI 400 Client (25 concurrent users) 3UI 400 Client (26 concurrent users) 'IRJES Management System UAZ ILicense Fees ........ - Fraining Fees 116 days @ SS()0/day Travel Expenses (Estimated) Support Fees Conversion 324 lirs ((p $I 00/hr modificlitioWs 40 lirs (11) S I 00/hr ProJect Niallige,11c,11, � Ix%eel One 3 5 days 0� $ 1 000/dav s 21,250 9 ... . . ........ $ 7,200.7 S 4,300.00 s 2 1,600.00 1,950.00 S 21:21. 8 6,400.00 4,100.00 $ 4,250 3 2,400.00 800.00 $ 6,375 2 160000 1,800.00 $ 9,350 7 5:600'00 1,800.00 S 6,375 1 800-00 1,500.00 included included included 1,200.00 17,000 11 8,800.00 3,600.00 s 81500 2 1,600.00 1,750.00 Included Included Included d 1,200.00 17,000 8 6,400.00 3,500.00 S 6,375 6 4,800.00 1,250.00 S 6,375 4 3,200.00. 1,250.00 S 17,000 5 4,000.00 3,500.00 s 25,500 17 13,600.00 6,000.00 21,250 6 4,800.00 5,000.00 $ 17,000 7 5,600.00 4,300.00 $ 4,250 NA NA , 800.00 S 6,800 5 4,000.00 1,500.00 $ 18,700 6 4,800.00 3,600.00 NIC Included w/Client $ 10,000 1 800.00 2,500.00 $ 10,400 18,700 6 4,800.00 3,600.00 2'82,200 116 S 92,800.00 S 60,800.00 $ 282,200.00 s 13 1,550,00 $ 150,650.00 92,800.00 92,800.00 17,500.00 17,500.00 60,800.00 47,560.00 3,300�00 32,400.00 16,200.00 16,200.00 4,000, 2.o, 2,000.00 35,000.00 35,000.00 �;orn'VARF & SFJW1('ES,ro,rA1.S 524.701111 S 197.3 P0.00 S 163,500.00 153,950.00 0 1400 Systern Hardware 1400 Systcrn Software ect Talk/2 ;h Receipt Stations AS/400 Support Line Services* $118,328.80 S 59,164.40 S 59,164.40 67,764.00 33,882.00 33,882.00 17,088.00 8,544.00 8,544.00 6,650.00 3,325.00 3,325.00 5,000.00 5,000.00 5,000.00 5,000.00 3,150-00 3,150.00 lffARDNVARE TOTALS S 222998-0-486-1 $- 1-69---,-915.4-0 1 S 113,065.40 1 * This is a seperate agreement with IBM and will be submitted to the Commission for approval. Since IBM does not issue maintenance agreements prior to ordering the hardware, this item is delayed until such time. H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT This Agreement for Licensed Program(s) and related Support Services. subject to thi limitations and conditions set forth in this Agreemem as more specifically described in the attached Supplement and Schedule(s), is entered into by and between: H.T.E.. Inc. (HTE), a Florida Corporation, with its principal place of business at: 390 North Orange Avenue, Suite 2000. Orlando, Florida 3280 1; AND CITY OF TAMARAC "CUSTOMER", with its principal place of business at 7525 N.W. 88TH AVENUE TAMARAC FL 33321-2401 HTE and Customer agree that when this Agreement is signed by both partim all terms and conditions contained in this Agreement will apply to any Licensed Prograrn(s) and/or service(s) offered under this AgreemenL HTE will furnish to ,he Customer by this Agreement: 1. The 14TE Licensed Program(s) listed in the Supplement to this AgreernanL 2. Grant of a nonexclusive. nontransferable license to use the Licensed Programs on HTE supplied or approved equipment. 3. Support service(s) as described herein. With respect to the Licensed Program(s), the Customer agrees to accept responsibility for 1. The installation of the Licensed Program(s) plus any enhancements and/or updates. 2. Use of the programs to achieve.the Customees intended results. 1. DEFINITIONS "Licensed Program(s)" or "Program Product" shall mean a licensed data program or set of programs, or routines and subroutines. consisting of a series of instructions or statements in machine readable form and any related licensed program materials provided for use in connection with the program. "Machine" or "CPU" or "Hardware" shall mean computer hardware designated, supplied or approved by HTE for operation of any Licensed Program or Prograni Product. "Installation Date" shall nican the date iliat ihe Licensed Program is instal led/loaded on a designated machine. "Delivery Date" shall incan [fie date (fiat the Licensed Program is received by !he Customer. or no later than ten (10) calendar days aftcrshipment by HTE For services. the "Delivery Date- refers to the,date services arc performcd. "Acceptance" shall mean that the installed/loaded Licensed Program(s) has gone through the program testing and acceptance period iis described in Section V I. "Support Services" shall mean the maintenance and support call services provided to Customers for the HTE Licensed Prograrn(s). H. LICENSE The license granted under this Agreement permits the Customer to: a) Use the Licensed Program(s) on the designated Machine(s). b) Copy or translate the Licensed Program(s) in machine readable or printed form to provide sufficient copies to support the Customees use of the Licensed Program(s) as authorized under this Agreement. c) Transfer the Licensed Prograrn(s) to a back-up CPU to be used when the designated CPU is temporarily inoperable. d) Modify any Licensed Program(s) to form an updated work for the Customees useprovided that: 1. The Customer supplies HTE with written notification of the modification. 2. The modification is made according to the HTE conventions of the HTE Modification Library and not to the base system. The Licensed Program should not be reverse assembled or reverse compiled in whole or in parL Failure to modify the programs in the manner prescribed may negate the ability to maintain the Licensed Prograrn(s) by HTE and will relieve HTE of any responsibility to provide support services. Any updated work using portions of the Licensed Program(s) that meets the above criteria will continue to be subject to all terms of this Agreernent. e) Have access to a copy of the Licensed Prograrn(s) Source Code, subject to the provisions of Sections VHI, Ix, X and XII of this Agm=enL HL TERM This Agreement is effective from the date on which it is signed by both parties and will =ain in effba until terminated by the Customer upon one (1) month written notice or by FM as stated in this secdon. This Agreement may be terminated by the Customer only when aH Licensed Programs have been returned to HTE or de$trOYecL An authorized representative of HTE, upon request� shall be afforded sufficient access to Customer's promises to verify that all use of Licensed Program(s) have been discontinued. Notice of discontinuance of any or all licenses shall not be considered notice of termination of this Agreement unless specifically stated. License(s) granted under this Agreement may be discontinued by the Customer upon written notice, effective immediately, during the testing period described in Section V1. HTE may discontinue any license or terminate this Agreement upon written notice immediately if the Customer fails to comply with the terms and conditions of this Agreement - IV. HTE SUPPLIED PRODUCT(S) AND/OR SERVICES HTE shall supply the Licensed Prograrn(s) specified in the Supplement. In addition, HTE shall supply related services and/or maintenance, and may supply specialized hardware or other third party products necessary for the performance of certain special features or functions. These services and deliverables, if any, shall be identified and more specifically described in the Supplement and Schedulc(s), and shall constitute the complete list of deliverables provided by HTE. HTE assumes no liability for any hardware or other third parry products beyond manufacturers' warranty specified in the Supplement and applicable Schedule(s). Customer acknowledges that these products were selected by Customer to support features desired by Customer, and that they are included in the Agreement solely for that purpose. V. PRICING AND PAYMENT TERMS All pricing and terms associated with Licensed Program(s) and any other HTE products and services are specified in the Supplement. Fees for Support Services are payable prior to the commencement of Support Services. Should Customer require Support Services prior to receipt of payment and the contractual start date of such Service, Customer will be billed at the then prevailing hourly rate until payment is received. Any taxes resulting from this Agreement or activities resulting from this Agreement, including but not limited to sales and/or use tax, will be the responsibility of the Customer. VL LICENSED PROGRAM TESTING AND ACCEPTANCE Beginning on the date ten (10) days after delivery of the Licensed Program(s) by HTE, the Licensed Program(s) will be available for non -productive use for testing for a period of thirty (30) days. This testing period is to determine whether the Licensed Program(s) functions operate together and whether the Licensed Program(s) meet the Customer's specifications and/or requirements. At any time during the testing period, upon written notice, the Customer may discontinue the Licensed Program(s) and receive full credit or refund for the amount of the license fee. If written notice of discontinuance is not received by HTE prior to the end of the testing period, or if the Customer uses the Licensed Prograrn(s) for other than non -productive use during the testing period, the Licensed Program(s) shall be deemed to be accepted under the provisions of this Agreement. VIL LICENSED PROGRAM SUPPORT SERVICES HTE will provide the Customer with the Support Services ffisted below for the HTE Licensed Program(s) for such period as may be listed in the Supplement and Schedules, and commencing upon delivery of the Licensed Program(s). Tbereafter the Services will be provided on a year-to-year basis provided the Customer exercises the option and pays HTFs annual support fee. a) Toll five telephone support line; twenty-four (24) hours a day, seven (7) days per week. b) Electronic support. c) Product enhancements, updates and new releases of the covered Licensed Program(s), d) Response time to calls within approximately two (2) hours of call. e) Error corrections as made. HTE shall not supply any support services norbe liable for any damages in the event that any portion of the Program Products is used on equipment or with software products or software systems other than those supplied or approved by HTE. Customer shall receive written authorization from HTE before attaching to the computer system any equipment not supplied or approved by HIE. Authorization shall not be withheld unless said equipment will cause operational damage to the system, or require undue system support from HTE. Customer acknowledges that the systems supplied by FITE have unique operating properties and are a matched system of components which must not be altered, modified. or tampered with without specific assistance from HTE designated personnel. HTE shall not be liable for any damage or loss of function which results from violating the approved operating environment by personnel not approved by HTE. In the event of the failure of any hardware component or other third party product supplied under this Agreement to function or operate in conformance within specifications, HTE shall have no obligation for warranty beyond that of the hardware or other third party manufacturer or that specified in the Supplement and Scbedule(s). VIII. PROTECTION AND SECURITY OF PROPRIETARY MATERIALS ne Customer acknowledges that the Licensed Program(s) constitute proprietary materials and trade secrets of HTE and will remain the property of HTE. The Customer will not provide or make available the Licensed Program(s) in any form except to the Customees employees, HTE employees or other persons during the period they are on the Customeespremises for purposes specifically related to the Customees authorized use of the Licensed Program(s). ix WARRANTY HTE wan -ants that for a period of ninety (90) days after acceptance, as provided for in Section V1, the HTE Licensed program(s) listed in the Supplement will perform in substantial compliance with the reference documentation supplied by HTE, provided the Licensed Prograrn(s) are used in the proper operating environment. HTE does not wan -ant that the 11inctions contained in the Licensed Program(s) will meet thecustomees requirement or will operate in the combinations which may be selected for use by the Customer after the ninety (90) day period after the completion of the Licensed Program testing described in Section VI. Any other utility or incidental software distributed by HTE will be on an "AS IS" and "WITH ALL FAULTS" basis without warranty of any kind either expressed or implied. HTE shall be responsible only for the Licensed Program(s) and products as originally supplied and accepted by customer, and for changes made to the Licensed Program(s) by HTE's authorized representatives. HTE will not be responsible for the consequences of attempts at changes or modifications to the products and Licensed Program(s) made by the Customer or any other unauthorized party. HTE warrants that it has the right to license the Licensed Program(s) listed in the Supplement and that the Licensed Program(s) does not infiinge any intellectual ProPertY Of any third party. HTE agrees to indemnify Customer against and fir an im of infringement provided HTE shaU have expenses, including reasonable attomeys'fees, liability Wising Om y cla er is the right to control the defense or settlement of any such claim. if use of the Licensed Program(s) by the Cus= enjoined by any infringement proceeding, HTE shall, if possible, obtain without unreasonable expense the right of License for the Customer to use the Licensed Program(s) or if that is not possible, HTE shall refund to the Customer the license fee paidunderthis Agreement HTE MAKES NO WARRANTIES, OTHER THAN AS STATED HEREIN, WrM RESPECT To THE PARTICULAR LICENSED PROGRAM(S), EITHER EXPRESSED OR IWLIED, INCLUDING ANY IWLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Copy AND USE Cust I omer shall have the right to use the Licensed Program(s) in equipment or systems supplied or approved by HTE while this Agreement is in effect Customer shall have the right to make copies of the Licensed program(s) and the awoCiated reference documentation for archival and/or backup purposes only. Any copies made by Customer shall be the property of HTE. XL LIMITATION OF LIABILITY AND REMEDIES Except for HTE's obligations to indemnify the Customer under iriffingement actions, as noted in Section X11 of this Agreement, and claims for personal injury or damages to real or tangible personal propertycaused by HTE's negligence, or intentional wrongful act, HTE's liability for damages to the Customer for any cause whatsoever under this Agreement, regardless of the fonn of action, is limited to the total amount of fees paid by Customer under this Agreement for Hn Licensed Prograin(s) and services, not including any fees associated with HTE project management and related out-of-pocket expenses. In no event will HTE be liable for any consequential darnages, including lost profits, savings or reprocurement costs, even if HTE has been advised of their possibility. 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, 14TE is unable to make the Licensed Prograrn(s) operate as warranted, the Customer shall be entitled to recover damages to the limits set brth in this section. XII. PATENT AND COPYRIGHT INDEMNITY HTE will, at its expense, defend the Customer against any claim that the Licensed Program(s) supplied hereunder infringe a patent or copyright in the United States or Puerto Rico, and, HTE will pay all costs, damages and attorney's fees that a court finally awards as a result of such claim. To qualify for such defense and paytnent� the Customer must: a) Give HTE prompt written notice of any such claim, and b) Allow HTE to control, and fully cooperate with HTE in the defense and all related settlement negotiations. The Customer agrees to allow HTE, at HTE's option and expense, if such claim has occurred or in HMs judgment is likely to occur, to procure the right for the Customer to continue using the Licensed Program(s) or to replace or to modify them so that they become non-infiringing. If neither of the foregoing alternatives is available on terms which are reasonable in HTFs judgment, upon written request, the Customer will return the Licensed Program(s) to HTE. For Licensed Programs whose total charges are fully paid, the Customer shafl receive a credit based on a five year amortization of the amount paid by the Customer for the Licensed Program. HTE shall have no obligation with respect to any such claim based upon the customees modification of the Licensed Program(s) or their combination, operation or use with data or programs not fumished by HTE or in other than the specified operating environment. This section states HTFs entire obligation to the Customer regarding infiingernent. XE[L COPYRIGHT PROTECTION The software and any written documentation associated therewith are protected under the Copyright Laws of the United States. HIE warrants that HTE has the following exclusive rights with regard to the Licensed Program(s): a) To reproduce the Licensed Progrm(s) in any or all forms. b) To adap� transform or rearratige the Licensed Program(s). c) To prepare other products derivative of the Licensed Program(s). d) To control the distribution of the Licensed Program(s). Customer agrees not to violate any of HTVs rights or to assist or aid others in doing so. Customer agrees to preserve all copyrightand other notices in the Licensed Program(s) and written documentation. XIV- MISCELLANEOUS Binding Agreement The individuals signing this Agreement and any Supplement(s) to this Agreement for HTE and the Customer wan -ant that they have been duly authorized to do so and that the Agmment and any Supplement to the Agreement are a valid and binding obligation of HTE and the Customer. Assignment. This agreement and the rights, title, and interest may not be assigned or transferred by the Customer without the prior written consent of HTE. HTE may assign its rights, title and interest by providing prior written notice to the Customer. Entire AgreemenL This Agreement and any Supplement(s)and/or Amendments to this Agreement constitute the entire Agreement between the parties, and there are no representatives, conditions, warranties, or collateral agreements, expressed or implied, statutory or otherwise, with respect to this Agreement other than as contained herein. This Agreement may not be modified, omitted or changed in any way except by written agreement signed by persons authorized to sign agreements on behalf of the Customer and of HTE. Force Majeure. HTE is not responsible for failure to have fulfilled its obligations under this Agreement due to causes beyond its control. Applicable Law. This Agreement shall be governed by the laws of the State of Florida, and venue shall be in Broward County, Florida. 5 Both parties acknowledge that they have read this Agreement and agree to be bound by the terms and conditions herein. rN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. ATTEST: d-z-t�z ez Carol A. Evans, City Clerk A prove to Form: p RY C hY=9E11 S, Kra% City Attorney V ES- ' � CITY OF TAALAJFAC 9 9 7 BY L Joe Sc 01ber, Mayor Date BY---, `� . [� V-C � 4 / 9 / 9 7 L^ Robert S. Noe. Jr., City Manager lbate 'LT BYML--l— Susan D. Falotico co Vice President/Controller/ 3/21L21 i cou SUPPLEMENT TO H.T.E., INC. LICENSE & SERVICE AGREEMENT HARDWARE PURCHASE AGREEMENT This Hardware Agreement is a Supplement to the H.T.E., INC. LICENSE & SERVICE AGREEMENT between H.T.E., Inc. (HTE) and City of Tamarac (Customer). M-E V-9-1 12A M-4 HTE shall sell to Customer and Customer shall buy from HTE the Hardware listed on the Schedule(s), under the terms and conditions contained herein. Customer may not cancel or modify any order for Hardware described on the Schedule(s) without the prior written consent of HTE. 11L SYSTEMS SOFTWARE Customer shall receive a license to use the systems software (the "Systems Software') that is provided by the Manufacturer to operate the Hardware and is more fully described on the attached Schedule(s), and title to the Systems Software shall remain with the Manufacturer. Customer agrees to protect the Systems Software, which is and shall remain proprietary to the Manufacturer, in accordance with the Manufacturer's instructions. IIL INSTALLATION Customer shall contract with the Manufacturer's Services Officer to arrange for the upgrade and installation of the Hardware listed in the Schedule(s) and shall be responsible for all necessary site preparations prior to and during the installation of the Hardware in accordance with HTE and Manufacturer"s instructions. Such site preparations may include, but are not limited to, provisions of electric power requirements, the installation of all required data and power cabling, and the provision of sufficient furniture and flooring for the Hardware. Customer shall bear any costs or penalties incurred by HTE as a result of Customer's failure to provide adequate facilities for installation as per HTE and Manufacturer's instructions or as a result of Customer's failure to accept delivery of the Hardware. However, in no event shall any delays in such site preparations by the Customer negate the payment terms as provided for in the Schedule(s) to this Hardware Agreement. In the event that the Customer makes any changes to the Hardware order (i.e. Hardware configuration, delivery date, Customer Facility location, etc.) which results in increased prices from the Manufacturer or the imposition of late order charges/penalties by the Manufacturer, Customer shall reimburse HTE for such changestpenalties or increase in cost at the time of those charges. Additionally, any Hardware VA deposits received by HTE from the Customer will be retained by HTE if HTE is required to return the Hardware to the Manufacturer due to any reason that is not the fault of HTE. Customer agrees to grant access to the Manufacturer and/or HTE as needed, to install Mandatory engineering changes, order features, or model conversions to the Hardware. in conjunction with the installation of the Hardware, HT*E will provide Customer with one (1) copy of each of the Manufacturer's hardware manuals which have been provided by Manufacturer without charge to HTE. IV. DELrVERY Delivery dates are approximate and any delivery schedule provided is estimated only and presented in good faith by HTE. HTE will not assume any liability, consequential or otherwise, for any delay or failure to deliver all or any part of the Hardware. Customer will pay all installation, sevup, rigging, draying, insurance and shipping charges (F.O.B. Customer location). It is the responsibility of Customer, upon receipt to inspect the Hardware and to note any damage or missing items on the freight bills. V. pRICING AND pAYDEM TERMS All pricing and terms associated with the Hardware are specified in the attached Schedule(s). Amounts ayable to HTE as specified are payable in fall without setoff or deduction. In addition to the Purchase p ust ustomer shall pay sums equal to all taxes Price and all other charges required to be paid by C O'ner, C (including, without limitation, sales, use'privilege, ad valarem or excise taxes) however designated, levied or based on amounts payable to HTE hereunder or on Customer's use or possession of the Hardware pursuant to this Hardware Agreement, but exclusive of United States federal, state, and local taxes based on the net income of HTE. Customer shall not deduct from payments to HTE any amounts paid or payable to third parties for taxes, however designated. VL MAUMNANCE Maintenance is not provided under the terms of this Hardware Agreement. Unless oth ' erwise provided for herein, it shall be Customer's responsibility to keep and maintain the, equipment in good operating as ed Customer that maintenance order, and to provide for the maintenance of the Hardware. HTE h advis is available from the. Manufacturer and other third parties and that securing proper maintenance is essent . ial to the proper functioning of the Hardware and perhaps to the continuation of warranty coverage- HTE makes no claims as to the reputability of any third party maintenance vendors. VIIL WARRANTIES HTE is not the manufacturer of the Hardware, and therefore makes no warranties, express or implied, concerning the Hardware and Systems Software. No representation or other affirmation of fact, including but not limited to statements regarding capacity, suitability for use or performance of the Hardware or Systems Software shall be or be deemed to be a warranty or representation by HTE for any purpose, nor give rise to any liability or obligation of HTE whatsoever, and the provisions of any Manufacturer's agreement with HTE setting out the Manufacturer's warranty and service responsibilities together with all limitations thereon and exclusions therefrom are incorporated into and made a Part Of 8 the Hardware Agreement. Upon full payment of the Purchase Price, HTE shall provide for Customer to receive any and all Manufacturer's warranties in connection with the Hardware and Systems Software and all rights to make claim for breach of warranty which are or may be available with respect to the Hardware and Systems Software and all rights to make claim to the Hardware and Systems Software, to the extent allowed by the Manufacturer. Customer understands that the warranties provided under this Hardware Agreement may commence upon availability of the Hardware for delivery, shipment from the Manufacturer, date of installation or upon a specified period following shipment from the Manufacturer (depending upon the Manufacturer). HTE MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PAR11CULAR PURPOSE WrM RESPECT TO THE HARDWARE AND SYSTEMS SOFTWARE, AND EXPRESSLY DISCLAIMS TBE SAME. SPECIFICALLY, HTE DOES NOT WARRANT THE DESIGN OR CONDITION OF THE HARDWARE, ITS MERCHANTABMfrY OR ITS FITNESS OR CAPAC= OR DURABILITY FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE HARDWARE OR CONFORMITY OF THE HARDWARE To TBE PROVISIONS AND SPECIFICATIONS OF ANY PURCHASE ORDER OR ORDERS RELATING THERETO. V1111- LDUTA170NS OF LL4BILITY Except for HTE's obligations to indemnify the Customer under infringement actions and claims for personal injury or damages to real or tangible personal property caused by HTE's negligence, HTE's liability for damages to the Customer for any cause whatsoever under this Hardware Agreement, regardless of the form of action, is limited to the greater of S100,000.00 or the charges (if recurring, 12 months' actual charges apply), for the product that is the subject of the claim. HTE shall not be liable for any damages caused by delay in shipment, installation, or fumishing of Hardware, Systems Software, or services under this Hardware Agreement and, in no event shall HTE be liable for any consequential damages, including lost profits, savings or reprocurement costs, even if KM has been advised of their possibility. Any claims or matters related to any liability under this pamgraph or any other provision of this Hardware Agreement shall be directed solely to the Manufacturer of the Hardware or System Software. IX 11 E- SECURITY INUREST The title and the risk of loss shall pass to Customer on delivery to the Customer's facility unless otherwise noted in the applicable Schedulc(s). HTE may, however, reserve a purchase money security interest in the Hardware, to secure any unpaid portion of the Purchase Price. A copy of this Hardware Agreement may be filed on behalf of HTE with appropriate state authorities at any time after signature by Customer as a financing statement in order to protect its security interest in the Hardware. Until such time as the Purchase Price and all other charges specified herein are paid in full, Customer shall: a) Maintain the Hardware in good operating condition. b) Keep the Hardware free from liens and encumbrances. c) Not permit use of the Hardware in any manner likely to be injurious to the Hardware. Not remove or permit removal from its original location or make or perm it any alterations without the prior consent of HTE. d) Not remove or permit removal from its original location or make or permit any alterations without the prior consent of HTE. e) Keep HTE advised of the location of the Hardware, and permit HTE to inspect the Hardware at all reasonable times. 0 Procure and maintain fire, extended coverage, vandalism, and malicious mischief insurance to the full insurable value of the Hardware, with loss payable to H71T and Customer as their interest shall appear. X LEGAL FEES AND WAIVER In the event of any legal action brought by either party for breach of this Hardware Agreement, the other party shall be entitled to reimbursement by the party in breach of all costs, expenses, and legal fees incurred in obtaining a remedy to such breach, including an appeal. Failure of either party to enforce the rom time to time shall not breach of any portion of this Hardware Agreement by the other party f constitute a waiver of such right in respect to the same or any other breach. XL CONTLLANCE WrM LAWS Customer shall comply with and conform to all local, municipal, state and federal laws relating to the operation of the Hardware. IM 1VMCELLANEOUS Severablillity. In case any one. or more of the provisions contained in this Hardware Agreement or any application thereof shall be invalid, illegal, or unenforceable in any respect� the validity, legality, and enforceability of the remaining provisions contained herein and any other applications thereof shall not in any way be affected or impaired thereby. Successors Bound. Ile terms and conditions'of this Hardware Agreement shall extend and inure to the benefit and be binding on the respective successors and assigns of Customer and HTE, including shareholders in liquidation. n rt fie I Nodees. Any notice provided for herein shall be in writi g and sent by registered or ce i i d mai , 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 such notice to be deemed to be effective upon receipt or five (5) days from the date of the mailing, whichever occurs first. Binding Agreement. The individuals signing this Agreement and any Supplement(s) to this Agreement for HTE and the Customer warrant that they have been duly authorized to do so and that the Agreement and any Supplement to the Agreement are a valid and binding obligation of both HTE and the Customer. 10 Both parties acknowledge that they have read this Agreement and agree to be bound by the terms and conditions herein. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. ITNESSES: ATTEST: Ry Carol A . Irvans, City Clerk d A rrm Approve 7' MitcMI S� Kraf� City Altorney WTTNESSES- C A� CITY OF TAI"IC y 7 Joe Sciriber, Mayor Date b n V-f L / 9 / 9 7 BY LON Robert S. Noe, Jr., City Manager Dhte &T.E., INC. BY Susan D. Falotico Vice President(Controller/ Chief Accounting Qfficer 3/21/97 11 AGREEMENT FOR: CITY OF TAMARAC CUSTOMER" 1. DESIGNATED MACHINE Model: AS/400 MODEL CPU Number: Use of the Licensed Program(s) provided in this Agreement on platforms other than specified above, without written permission from HTE, may be subject to an upgrade charge. H. LICENSED PROGRAM(S) AND FEES HTE will provide the Licensed Program(s) in a machine readable form with instructions for installation by the Customer. Standard form options, if applicable, will be provided by HTE. Licensed Programs: GMBA Bids Module Loans Module Applicant Tracking Code Eaforcement Customer Information System Fuel Interface FIRES Management System Extended Reporting Asset Management 11 Cash Receipts Land Management Business Licenses Work Order/Facilides Management GUT 400 Server Voice Response BP Purchasing/Inventory Miscellaneous Receivable Payroll/Personnel Building Permits Planning & Zoning Fleet Management GUI 400 Client Parks & Recreation Prices for HTE Licensed Prograrn(s) and related Services am specified in Schedule A. If applicable, Hardware and System Software are specified in Schedule B. HTE may increase its prices without notice Unless specified to the coatrary, prices quoted in this Supplement are valid for ninety (90) days fiorn the date of HTE's acceptance of this Agreement These prices are predicated on the following payment terms: 1. License fees are due as described in Schedule A. 2. Training fees are due upon the completion of each training session. 3. Support fees are prepaid annuafly, the initial payment due as indicated in the attached Schedule A and thereafter within thirty (30) days after invoicing. 4. Additional service fees will be due within thirty (30) days after invoicing unless specified. 5. Hardware payment terms are 50610 at Contract Execution; 5001* at time of installation by IBM of the Hardware but no later than 30 days from delivery provided insWlation is not delayed by HTE. III. APPLICATION TRAINING The number of training sessions and the number of hours of training vary per application. Schedule A of this agreement lists the number hours and the standard fee per application. The fee quoted is for application training only. Rmonable travel or related expenses incurred by HTE for on -site training will be billed to the Customer as incurred. Additional training can be provided upon request at the standard billing rate in effect at that time. IV. SUPPORT SERVICES Telephone support will be provided using a dedicated support telephone number 24 hours per day. 7 days per week. ne Customer must have ECS installed on their AS(400. support requests relating to IBM hardware or software will be directed either to IBM or the IBM Agent unless the customer has purchased annual HTE Support Line services. If the Customer has not contracted for this service and the Customer request that HTE Technical Services performs support services on IBM hardware or software, this time will be billed to the Customer at the standard billing rate in effect at that time for those services. The rate in effect at the time of the execution of this Agreement is S 100 per hour, excluding expenses itapplicable. 12 Both parties acknowledge that they have read this Agreement and agree to be bound by the terms and conditions herein. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. Wr�NESSES: ATTEST: B Y V �rz- Carol A. Evans, City Clerk Approved Form: Ry C— mylchrl S. Kraft, City A Wom CITY OF TAXARAC By fL 2 4 / 9 7 oe ;chreiber, Mayor Date -� k :,:;P 15 C\601q- 4/9/97 Bny Z==== A)> Robert S. Noe, Jr., City Manag4 Date KT.E .' INC. By Susan D. Falotico Vice PresidentJController/ Qjef AccolInting Offiger 3/2 1 L27 13 SUP . PLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN H.T.E., INC. AND THE CITY Of TAMARAC SCHEDULE A -PRICING AND PAYMENT SCHEDULE GMBA Fixtended Reporting Purchasing / Inventory Bids Module Asset Management H Miscellaneous Receivable Loam Module Cash Receipts Payroll / Personnel Applicant Tracking Land Management Building Permits Code Enforcement Business Licenses Planning & Zoning Customer Information System Work order / Facilities Management Fleet Management Fuel Interface Voice Response BP * Parks & Recreation GTA 400 Server - All Applications ab GUI 400 Client (25 concurrent users) GUI 400 Client (26 concurrent users) FIRES Management System License Fees Training Fen 116 days @ $800/( Support Fees" Conversion 324 hrs@$100/br Modifications 40 hrs@$100/hr project management - Level One 35 days@$I000J TOTALS S 41 21,250 8,500 21,250 4,250 6,375 9,350 6,375 included 17,000 8,500 Included 17,000 6,375 6,375 17,000 25,500 21,250 17,000 4,250 6,800 18,700 NIC 10,000 10,400 18,700 282,200 9 2 8 3 2 7 1 included it 2 Included 8 6 4 5 17 6 7 NA 5 6 I $ 7,200-00 5 1,600-00 6,400-00 2,400-00 1,600.00 5,600-00 800.00 8,800-00 1,600-00 6,400-00 4,800-00 3,200.00 4,000-00 13,600-00 4,800-00 5,600-00 NA 4,000-00 4,800-001 Included w/Client 800.001 6 1 4,800-00 116 S 282,260-00 $ 131,550-00 92,800-00 60,900-00 57,200-00 32,400-00 16,200-00 4,000-00 2,000-00 35,000-00 S 92,800-00 1 S 92,800-00 16,200-00 2,000-00 35,000-00 S 507 . 200.00 1 S 206,950-00 15 146,000-00 1 $ 4,300-00 1,950-00 4,100-00 800-00 1,800.00 1,800-00 1,500-00 1,200-00 3,600-00 1,750-00 1,200-00 3,500-00 1,250.00 1,250-00 3,500-00 6,000-00 5,000.00 4,300-00 800.00 1,500.00 3,6W.00 2,500-00 *4 3,600-00 60,800-00 150,650-00 3,600-00 154,250-00 14 Notes censefees, with tile exception of GUI -Client and Parks and Recreation, arc due 50% upon contract :uti . on; 40% within 60 days from the first training visit of the firs( application and the remaining 10% within iays of the final application going into live production as described in tile acceptance provisions below and as .vn in the Implementation Plan. GUI - Client licenses will be delivered, and paid for. in two parts. 'llie first 25 concurrent user licenses will be vered immediately upon contract execution and fees are due as stated above. The remaining 26 concurrent user ises will be delivered one year from the execution of this Agreement, with the fees of $10,400 due in ftill upon ;cry. ; associated with HTE's Parks and Recreation Application will be deferred until this product is available on the f AS/400 platform. upport Services for the HTE Licensed Programs listed herein, will be provided for an initial term of sixteen (16) iths and will corrunence upon delivery to the Customer of the Licensed Prograrns. Fees for the initial term of )ort are due upon contract execution. Subsequent twelve (12) month terms for years two through rive (48 months) be due on the anniversary of the end of the initial support period. Rates for subsequent years of support service subject to change. upport Fees for GUI -Client will be $2,500 for the first 25 concurrent users for the sixteen (16) months ifter -ution of this Agreement. In the following year (upon delivery of 26 additional concurrent users) the fee will case to $5,000 annually for years two through five. HTE agrees to hold these fees firm for this five year period. fees for services are subject to change following the initial rive year period. -Trarn Package Discount above quoted prices on License Fees reflect a substantial Program Package Discount. PPD's apply only to odified applications purchased on a single contract. ining trainers assigned will conduct the training sessions in the sequence scheduled by the HTE Project Manager will cover all the tasks described in the training agendas. Should the City decide that a trainer is not ified or suitable to its needs, HTE will provide another trainer which is acceptable to the City. If the City ,t satisfied with the quality of a training session, it will notify HTE in writing of those areas which were ,ient within 14 days Of the SCSSi011 and HTE will provide additional training at no additional cost to rectify leficiency. This however does not include retraining for reasons such as a student who cannot keep pace a class or who skips, in part Or whole, a scheduled training scssl . 01). or who requests training outside of the plan. While HTE will olTer addilional training flor ilic.se special situations, It will be billed a[ tile then !nt hourly rate, ,cl and Living Expense :if and reasonable irave1jilti li%!iilg "Vellsesalle illadditioll to Ille priecs cluoted t1or tile I ITF Licensed Programs eivices and will be ilivoicedas incurred. ptaince �ccvtallcc testing plan will be.1011111y 11"Icrill"Ictl by Ilic OIV PniJect Manager and tile I HT 11roVel gcr. Acceptance 1vill v:llitlalc lll,sc.%,(&1wal-e pl-oducls, il1Ic1'I'.1cc%. ctniversionsand modifications performed 1- 10 111CCI tile MqUil-elitrills Ititllillit-41 ill Ilic City's RF Palld I I . 1*1-`,t lespoll-sc to 111C RI-T, 15 Issues should be consistent with tile requirements specified by this Agreement. Once the issues arc resolved. will resubmit for sign off by the City. If the City fails to sign off or produce a list of issues, then acceptance will default on the 15th day. Acceptance will not be considered delayed and the City may not withhold the final ercent (10%) final acceptance payment if the City sets forill additional requirements other than originally agreed rein, or if the City elects not to bring an application into live production, !re Object Oriented Applications cordancc with Section 11, License of the Agreement. and with the exception of any additional products as third party run-time license recs, no additional Application License Fee will be incurred for the cations purchased and covered by an Annual Support Agreement should the City elect to install HTE's next ration Object Oriented Applications when they become available. Services such as training, project igement and conversions would be additional. .,ersion rersions will be controlled by the HTE System Change Request form ("SCR") which has been prepared for the )met by the HTE Conversion Team Leader. Data must be given to HTE in an IBM, compatible format on a fied magnetic media. Data must match data field definition. Input data file clean up must be responsibility of )met. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is understood that /o systems and file structures are exactly alike and there may be a need for some manual conversion efforts to place along with the electronic conversion. Following SCR forms are included in this AgirmMent: Vs; - 9612013, 9612016, 9612018, 9612059 ir1CAti0nS 2nd Interfaces fications will be controlled by the HTE SCR form which will be prepared for the Customer by the HTE Project Manager responsible for that module. HTE will proceed on the SCR when the signed SCR is led with the City's authorization along with 50% payment. The final 50% payment is due upon completion. # 9612055 (Cash Receipts lock box interface) is included in this Agreement. ess Warranty ,icensed Program(s) and hardware items being purchased under this Agreement will perform in substantial liance with tile reference documentation supplied by HTE and to the system specifications supplied by the mer in the Request for Proposal and HTE's response to that request, provided that the Licensed Programs(s) ed in the proper operating environment. The Request for Proposal and HTE's response to that request are y incorporated into this Agreement by reference. nal Licensed Prograins lly Illay file foll()%ving, applications a( tile prices quoted dirough February 28.1998: Optional Licensed Program Licellse Fee BIO Fivid llispection - Server 4,500.00 BP Held Inspection - Client 2,000.00 each CE Meld Inspeclooll - Serve" 4,500-00 (V Vid-1.1 - Cliew 2M0.00 cach liring slatenicill - Illic lerni of1his pt-riod jil'I"viliv-finil (24) mondi%aller Ilic l(-1,1111111111oll (if [ills 16 cc.% quoted 2bove will be honored through March 31, 1997. 17 SUPPLEMENT TO H.T.E., INC. SO M-VARE LICENSE AND SERVICE AGREEMENT BY AND BETWEEN H.T.E., INC. AND THE CITY OF TAMARAC SCHEDULE B - HARDWARE PRICING SUMMARY AND PAYMENT SCHEDULE PAYMENT SCHEDULE DUE UPON DUE AS TOTAL CONTRACT INCURRED/ ITEM CONTRACT EXECUTION DELIVEREW AS/400 System Hardware $118.328,80 S 59,164.40 S 59,164.40 AS/400 System Software 67,764,00 33,882-00 33,882.00 Direct Talk/2 17,088.00 8,544.00 8,544.06 Cash Receipt Stations 6,650.00 3,325.00 3,325.00 Training 5,000,00 5,000.00 installation 5,000.00 5,000-00 Annual AS/400 Support Line Services* 3,150.00 3,150.00 HARDWARE TOTALS S 222,980.80 $ 109,915.40 S 113,065.40 Footnotes *Fees for HTE Support Line Services are due 90 days from installation. System Performance Assurance HTE,%varrants and guarantees that the IBM AS/400 Model 9406-500 computer configuration will Provide adequate Capacity and satisfactory performance to sati* the current and 3-year projected processing requirements of Customer as described in the HTE response to the Customer's request for proposal. This %varranty and guarantee is based on current or 3-year master file sizes, current or 3 -year transaction volumes, and msonable history retention requirertients. I It also assumes that Customer does not add other applications other than those included in the HTE proposal resPOIRM and assumes that Customer does not utilize IBM soft%,.2re products in a way that impacts system performance- It also assumes that Customer balances the computer system properly including, but not limited to: back-ups, file purges, tuning the system as required, and/or any other items that may impact performance based on the specifications and sWng assumptions in HTE's rfp response and to the sizing inforniation provided by [fie Customer in the Request For Proposal. Satisfactory perforinance is defined as average response time of 4 seconds or less in over 85% of the input or inquiry tn, nsactions during any niemsurcd four hour period. Given 1heabovc definition, should the configuration not perform satisfactorily, then Customer sliall notifv HTE in wrilhigand givc HTE 30 days to determine it the unsatisfactory performance is related to HTE products or is rclalcd to ollicr facts iio( parl of the HTE software (see examples above). HTE shall have unrestrictedaccess to the compiner diiring (his 30 day correction period and sliall be able to make any adjuslincrits necessary to improvc systcun performamc. Aller 30 daYs. if 111c sysicin performance has not improved, and should the unsatisfacioty perforniaticc beauribulabic to the liTE soilwarc, then HTE shall provide additional computer capacities (mcniory, disk storagc)al I-ITE cost to improve Ilic pciforitimice. Theaddilional computer capacities will be added willun 90 d" ays of I he 1 0 day correct imi period. 'rilleand Risliand Delh,cry Notwillislandingativilmig iii the Agrccmew it) Ilic cojilrar). fillemid the risk ofloss for [lie hard%varc being purchased wider this Suppleiticill shall pass to CII.Sioliler llpoii tleliver.y to Ihe Cusiomeral lie Cilsionices ficility, and delivery 19 sliall bc FOR City of Tamarac. Prices Prices quoted aboveare per [fie attached Investment Surnmarvand are firm for 90 days from the date of this proposal. Prices are subject to change on orders. or portions of orders, that are not placed within this 90 day period. Travel and Living Expenses Actual and reasonable travel and living expenses are in addition to (lie prices quoted for the applications and will be invoiced as incurred. Warranty and Maintenance Unless otherwise stated Customer shall enter into separate purchase of maintenance agreements with each individual hardware s ' upplier fbr the equipment. Warranty and maintenance offerings from HTE for its Program Products do not apply to any hardware supplied under this Schedule. Prices quoted above will be honored through March 31, 1997. ft 19 C/i CD cn En CD �Q It y 0 ti R y e S v A v o o V, 00 to e7 H n^ d C d 00 d Qcr d p Q 0 C+ o 3+ C►: tA ILA O W 60% bs 0000 0000 � t� Z e S( 3 e ob . O pC C o C� N w�► P O O y ey cgs LA LA � v v 00 p O C 00 � 00 O. Q p p p O cc a U £A to _.. J z z Z a o CT e� er 0) C 20 Date 3/26/97 rime 4:54 PM Memory estimates only consider the applications as noted in the Sizing Estimate. High volume word processing will be done on personal computers. Average response time should average under four seconds. The number of devices below were provided to HTE by the City of Tamarac New: Terminals: 1, System Printers: 7. Existing: PCs: 80, Printers: Unknown 5 Application Development 2.50 so Using AS,1400 Office/Query Functions 40.00 60 Using High Function Native Applications —Billing Calculations 30.00 60 Using Low Function Native Applications —Inquiry 30.00 AS/400 base memory for Model 500 64.00 MB High function native application users ( 30-00 X 800 KB 24.00 MB Low function native application users ( 30.00 X 600 K8 18.00 MB Office/Query users ( 40.00 X 700 KB 71.75 MB Application development users ( .2.50 X 900 KB 2.25 MB Communication lines ( 2.00 X 750 KB 1.50 MB Number of batch jobs 5.00 X 1400 KB 7.00 MB Number of print writers ( Max 1400 KB 1.40 MB Total number ofjobs ( 500.00 X 60 KB 30-00 MB Memory Total 219.90 MB Utilization Factor (Memory Total/.70) 94.24 MB Total Memory Required 314.14 M13 H.T.E., Inc. CONFIDENTIAL 21 Date 3/26/97 j1111i;�&X*LNidK1j Disk requirements for HTE applications are base on the sizing information provided by the City of Tamarac. Disk utilization is not to exceed 80% excluding 12% workspace. HTE is assuming three years of online data history. Programs Three years online data history HTE System Software 20 MB 20 MB GMBA 134 MB 180 MB; Purchasing/Inventory 110 MB 350 MB; Payroll/Personnel 140 MB 300 MB Utility Billing 180 MB 3000 MB Cash Receipts 20 M13 60 MB Land Management 34 MB 150 MB Asset Management 16 MB 80 MB Building Permits 56 ME1 300 N413 Occupational Licenses 34 NIB 100 MB Code Enforcement 20 MB 40 MB FIRES 96 MB 1500 MB; Accounts Receivable 68 HBI 100 MB #Office Users x 10 80 36 MB, 1200 MB AS1400 System Software 3600 MB 1000 MB Total Data History Requirement 8,380 MB 12% Work Space+(100-90)=32% Utilization 2,682 MB Total Data 11,062 MB ___�,564 MB Application Programs Total Disk Required 15,626 MB, M; H.T.E., Inc.'CONFIDENTIAL 22 tp����►, `' a �T n , �a � y N� A1O !0 W CD p. oo O a C 2g ti p v y �• 3 p A. f9 t�.A w � CU .� aC 64 64 W "r1 C rt w 4�b © Lft o U c $ n y 0 Q > z a cm ? tom+► tfi V � � W ZrQr-' li �P • ya fA N 60 N % N d v Pi cc W ONP N W a � ct: C C C O �ji fA N p6< to N W cn p� C Oo _? 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W y wa i � m y y a a o .0 ^I cS. a co C2 a A 0 y CL A d0 e ^� A � C a A 4 O w co C 10 V O 2. to = �,. . n � � � � w C 4 0 $ .e C r A _pa tr yam' C A e a R w N a' to d 31 RI k I Jul I JD 9 JUIL09 SYSTEM CHANCE REOUEST CLIENT: - City of Tairarac SCR NUMBER: 9612013 FDATE.12/06/9 APPLICATION: Government Vanagement & Budgetary Acct REQUEST DESCRIPTION n To analyze the Client Vendor Master File and develop a custor. ized conversion program to successfully convert identified data elements from the City of Tamarac's existing Vendor Master File to the HTE Vendor Faster in the (GHBA) Government Management & Budgetary Accounting Application System. The scope of this project will include the conversion of the following data entities only. - Vendor Master File Information 40 x FIXED RATE: $1 TOTAL HOURS: HTE, Inc. CONF1RMA-nR5,,,A A (10TJ DATE: CLIENT AUTHORIZk�N-* REQUESTED COMPLETION DATE: INSTRUCTIONS: 1) Sign and remove white copy for your records. 2) Return yellow and pink copies to HTE, Inc. - FINANCFjAccoUNTING DEPT. 3) cost is guaranteed for 30 days from the date abOV8- 4) On site Installation and training is not included In cost unless specified above- 5) it this site Is under HTFS modification maintenance agreement, this modification will automatically be put under the Plan as well. Should you require further information reprceng HTEs modification maintenance agreement. please contact HTE's Operations Departinent at (800) 727-SM. INVOICE- - AN billing for this request will refer to the SCR number located at tOP fight Of this form. - F%ase ramit 5V16 of total cost with signed SCFL work cannot boon until 50% payment is received. $4,000-00 32 Xx JL JDJ� xlxt�* SYSTEM CHANGE REQUEST CLIENT' City of Tamarac SCR NUMBER: 9612016 APPLICATION: Building Permits DATE:1210-6196 REQUEST DESCRIPTION To analyze Client identified data files from, the existing Building Permits Application System and develop customized conversion programs to successfully convert identified data elements to the HTZ Buidling Permits Application System. TOTAL HOURS: 1 60 1 x FIXED RATE. 1 $100.00 HTE, Inc. CONFIRMATI Taega-= CLIENT AUTHORIZPfd'N.- REQUESTED COMPLETION DATE. TOTALCOST- 1 $6,000.00 INSTRUCTIONS: 1) Sign and remove while copy for your records. 2) Return yellow and pink copies to HTS, I= - FINANCEMCCOUNTING DEPT. 3) Cost Is guaranteed for 30 days from the date above. 4) On site installation and training Is not Included In cost unless specified above. 5) It this site Is under HTE's modilication maintenance agreemenL this modification will automatically be put under the plan as well. Should you require further information regarding HTFA modification maintenance agreement please contact HTE's Operations Dvartment at (8W) 727-8088. INVOICE- - AN billing for this request will refer to the SCR number located at top right of this form. * Please rernit 50% of total cost with signed SCR. Work cannot begin until 50% payment Is received. 33 JU I JL!i I JULILo e SYSTEM CHANCE REOUEST City of Tamarac SCR NUMBER: 9612018 CLIENT: APPLICATION: Customer Information DATE:12/06/9 REQUEST DESCRIPTION To analyze Client identified data files from the existing Utility Billing Application System, define a conversion specification document, and develop customized ccrversion programs to successfully convert identified data elements to the HTE customer Information System. The scope of this project will include the conversion of the following data entities. Location Information: Location address, Services at locationt Surchargesp Taxes, and Miscellanecus inforrvation codes. Customer Information: Name & mailing address, Services Billed, Deposits., Miscellaneous infornation codes. Meter Inventory ed services, NO PRIOR HISTORY. Last Meter reading for meter payment history, NO PRIOR HISTORY. Last Billingr adjustment and only Accounts receivable ( total balance forward ,Exclusions: '( not included in conversion cost estimate combining of location or customers* Pending (anbilled) consumption reads - Pending (unapplied) payments. .Billed Deposits or Payment Plans Meter repair history and Meter test history. Meter reading upload/download interface. Cleanup cf input data files from existing Utility Billing System. TOTAL HOURS: 200 >� FIXED RATE: $100.00 TOTAL CO 000 . 00 HTE, Inc. CONFIRMA CLIENT AUTHORIZAMN: REQUESTED COMPLETION DATE: DATE: INSTRUCTIONS: 1) Sign and remove white copy for your records. 2) Return yellow and pink copies to HTE.. Inc. - FINANCEfACCOUNTING DEPT. 3) Cost is guaranteed (or 30 days from the date above. 4) On site Installation and training is 17ot included In cost unless specified above. 5) If this site Is under HTEs modification maintenance agreement, this modification vWII automatically be put under the plan as welL Should you require further information regarding HTVs modification maintenance agreement, please contact HTE's OpenatiOns Department at (800) 727-8088. INVOICE- - An billing for this request will refer to the SCR number located at tOP Nht Of this form. * Please remit Sffe of total cost with sigr*d SCR. Work cannot boon until 5o% payment Is received. 34 SYSTEM CHANCE REOUEST CLIENT. City of Tamarac SCR NUMBER: 9612059 APPLICATION: Asset Management 11 IDATE.*12/19LI6 REQUEST DESCRIPTION To analyze Client input data files from the City of Tamarac's existing Asset Management Application System and develop customized conversion programs to successfully convert identified data elements to the HTE Asset Management !I application System. The scope of this project will include the conversion of the following data entities. Asset Master file information Asset depreciation, where applicable Year to date Life to date Asset Miscellaneous Comments, where applicable TOTAL HOURS: 24 X FIXED RATE: $10o.00 TOTALCOST. 1 $2,400-00 HTE. Inc. CONFIRMATI or) 'P,49 UYAWZoLe., CLIENT AUTHORIZATION: DATE: REQUESTED COMPLETION DATE: INSTRUCTIONS: 1) Sign and remove white copy for your records. 2) Return yellow and pink copies to HTE, Inc. - FINANCEfACCOUNTING DEPT. 3) Cost is guaranteed for 30 days from the date above. 4) On site Installation and training is not Included in cost unless specified above. 5) If this site Is under HTFs modification maintenance agreement, this modification will automatically be put under the plan as well. Should you require further information regarding HTFs modificallon maintenance agreement please conW HTE's Operations Department at (OW) 727-8088. INVOICE- - All billing for this request will refer to the SCR number located at top right of this form. * Please remit SWI* of total cost with signed SCA. Work cannot begin until 50% payment 35 Is received. H T E. Inc. ��U.� I SYSTEM CHANGE REQUEST INSTRUCTIONS: 1) Sign and remOVe white copy for your records. 2) Retum yellow and pink copies to HTE, Inc. - FINANCE/ACCOUNTING DEPT. 3) Cost is guaranteed for 30 days from the date above. above, 4) On site installation and training is not included in cost unlesssnt modification will 5) If this site is under HTE-s mo0cation maintenance agrmquire ee further information automatk�r be put under the plan as well. Should you � HTE's Operations regarding HTE's mo&bdlon maintenance agreement, please Department at (WM 727.80W INVOICE All billing for this request will refer to the SCR number located at top right of this form. + Please remit 50% of total cost with signed SCp. Worts cannot begin until 509E payment 36 is received. Exhibit 2 Ul Temp Reso# 10556 October 7, 2004 Page I Revisionfl — October 19, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- A ' 45 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE APPROPIATE CITY OFFICIALS TO EXECUTE A SUPPLEMENT To THE HTE INC, SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN SUNGARD HTE INC, AND THE CITY OF TAMARAC, FOR THE ACCEPTANCE OF NEW ANNUAL SUPPORT AND MAINTENANCE FEES IN THE AMOUNT OF $80,860, EFFECTIVE NUNC PRO TUNC TO OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005, AND AUTHORIZING THE IMPLEMENTATION OF THE HTE NAVILINE USER INTERFACE; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $37,827; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City of Tamarac currently uses several software applications Provided by Sungard H T E (H T E); and WHEREAS, to provide consistency and integration of existing systems, H T E is recommended to supply the City's Comprehensive Municipal Information System applications; and and WHEREAS, H T E is the sole Provider for the applications currently used by the City; WHEREAS, user interface is an integral component of the HTE applications Iproviding a bridge between the user and the core of applications; and Temp Reso# 10556 October 7, 2004 Page 2 Revision#1 - October 19, 2004 WHEREAS, the current user interface was purchased as part of the HTE initial implementation as approved by the Commission Resolution 97-76 attached hereto as Exhibit 1 : and WHEREAS, in 2001, HTE developed their new generation of user Interface called Naviline and Naviline bdngs a tremendous amount of improvements to how users interact and use HTE applications; and WHEREAS, H T E has provided the City with a now pricing schedule titled "Supplement to H.T.E. Inc. Software License And Services Agreement By And Between Sungard H T E Inc. and City of Tamarac, FL Schedule A -Pricing And Payment Schedule Contract No. TAMA-20041041", attached hereto as Exhibit 2; and WHEREAS, the implementation of the H T E Naviline User Interface will cost the I City a one-time total not to exceed $37,827.00, and the purchase will result in a reduction of cost for the Annual System Maintenance Schedule from $103,973.00 to a cost not to exceed $80,860.00 for the period October 1, 2004 through September 30, 2005; and WHEREAS, The Director of Information Technology and the Purchasing and Contracts Manager recommend that the appropHate City officials execute a Supplement to the H T E Inc. Software License and Services Agreement in accordance with Exhibit 2, for the acceptance of new annual sup port and maintenance fees in the amount of $80,860.00 annually, for the period effective nunc pro tunc to October 1, 2004 through September 30, 2005; and implement the H T E Naviline User Interface in an amount not to exceed $37,827.00; and I I I I Ternp Reso# 10556 October 7, 2004 Page 3 Revision#1 — October 19, 2004 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA. SECTION I - The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific Part of this Resolution, 5ECTION 2: The appropriate City officials are hereby authorized to execute a Supplement to the H T E Inc. Software License and Services Agreement by and between Sungard H T E and the City of Tamarac for the acceptance of new Annual Support and Maintenance Fees in the amount of $80,860.00, effective nunc pro tunc to October 1, 2004 through September 30, 2005, and authorize the implementation of the H T E Naviline User Interface. SEC LION 3: An expenditure in an amount not to exceed $37,827, is hereby � authorized SEQTION 4: All resolutions or Parts Of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION.f: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp Reso# 10555 October 7, 2004 Page 4 Revision#1 - October 19, 2004 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 27"' day of October, 2004. r "4LeZ4:' JOE SCHREIBER MAYOR ATTEST: n � RECORD OF COMMISSION VOTE: MARION SWE SON, C C MAYOR SCHREIBER AVe, CITY CLERK DIST 1: COMM. PORTNE DIST 2: COMM. FLANSBAUM- ALABISCO DIST 3: V/MS, ULTANOF Aw- DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. CITY ATTO 1 -r,#- to 40 10 Tamp Reso #7780 Revised 2113/97 3/19/97 3/24/97 3/28/97 3/31/97 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 97- 74 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND HARWARD TECHNICAL ENTERPRISES INC. (HTE), FOR A COMPREHENSIVE MUNICIPAL INFORMATION SYSTEM AT A COST OF $822,449, INCLUDING A 10% CONTINGENCY OF $74,768: PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, existing applications of the City's information system have been in service for over fifteen (15) years and are not meeting the needs of the users in serving the citizens of the City of Tamarac; and WHEREAS, the City completed an internal Information systems needs analysis and implementation plan and from that developed a request for proposal (RFP); and WHEREAS, based on written responses to the RFP, demonstrations, vendor reference checks, and site visits, HTE, Inc. was recommended unanimously by the MIS Advisory Committee and the Staff Users Group to supply the City with the new Municipal Information Systems; and WHEREAS, the City Commission passed resolution #R96-240 authorizing the appropriate City Officials to negotiate an agreement with HTE, Inc.; and WHEREAS, the committee appointed by the City Manager negotlated an agreement with HTE Inc.; and WHEREAS, financing for this project Is being submitted to the City Commission for approval; and WHEREAS, hardware maintenance is a separate agreement with IBM, in the amount of approximately $26,000 for five years and will be submitted to the Commission for approval; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute an agreement with HTE, Inc. Temp Reso #7780 Revised 2/13/97 3/19/97 U24/97 3/28/91 3/31/97 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The foregoing"WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. Sed&On 27 The appropdate City officials are hereby authorized to execute a software license and services agreement and all of its supplements with HTE Inc., attached hereto as Exhibit A for a cost of $822,449 including a 10% contingency of $74,768. Section 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Beglion 4: If any clause, section, other part or application of this Resolution is hold by any court of competent jurisdiction to be unconstitutional or invalid, In part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. S22*on 5: This Resolution shall become effective lmnlsdiatelY upon its adoption. PASSED, ADOPTED AND APPROVED this day of 1997. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to fom-; MITCHELL S. KRA CITY ATTORNEY �J.. 'te Z " :-d." JOE §CHREIBEV— MAYOR INC OFCOMMISMINI OW 1: IDW2: VW& IDW4.-, CITY OF TAMARAC INTEROFFICE MEMORANDUM MIS DEPARTMENT TO: City Manager DATE: February 12,1997 FROM: Director of MIS RE: HTE Contract RecomajonstatLqN Approval and execution of the agreement with HTE Inc., for the acquisition of the new Municipal Information System. Issue; Replacement of the City's existing municipal applications with the modem information systems hardware and software. Backar.Qund: The C itY Of Tamarac has been utilizing the existing applications, for over fifteen (IS) years and they are not meeting the demands Of the City employees in serving the citizens of the City of Tamarac. In April, 1995, the City completed an internal study to determine the deficiencies in the existing Systems and also developed a needs analysis. In March 1996, based on the study and the recommended path of improvements, the City issued a request for proposal (RFP), outlining the hardware and software technology needed to address the City's information systems needs for today and for the future. Three vendors responded to the RFP. Following the vendor selection process, a staff users group consisting of actual users of the current systems and the MIS Advisory Committee unanimously recommended the hardware and software from HTE, Inc., of Orlando, Florida which —also successfully supplied Municipal Information Systems to many other . local governments such as Coral Springs. Sunrise, Davie, Margate, Pompano Beach, and others. The City commission, at its October 23, 1996 meeting, passed the resolution #R96-240 authorizing the appropriate City Officials to negotiate an agreement with HTE, Inc. Per your appointment, the Negotiation Committee, consisting of Purchasing and Contracts Manager, Budget Administrator, MIS Systems Manager and Director of MIS negotiated the agreement. An analysis of the cost of this acquisition is attached hereto. Members of the negotiation committee recommend the approval and execution of the agreement with HTE, Inc. It is expected that the project will take two years to implement and will include the automation of most City functions such as: financial systems, human resources, payroll, utility billing, customer service, building permits, work orders, facilities management, fleet maintenance management, occupational licenses, code enforcement, community development, etc, HTE products are also compatible with the City's anticipated GIS system and once implemented will be an integrated system. At 1A d I (z T7. J rlr�— IMMIA 4---v`v-A \4 Levent SucuOgIU Attachment City of Tamarac Municipal Information System Acquisition Cost Analysis GMBA (GL, AP, Budget & Projects) Extended Reporting Purchasing / Inventory Bids Module Asset Management II Miscellaneous Receivable Loans Module Cash Receipts Payroll / Personnel Applicant Tracking Land Management Building Penmits Cade Enforcement Business Licenses Planning & Zoning Customer Information System Work Order / Facility Management Fleet Management Fuel Interface Voice Response BP Parks & Recreation GUI 400 Server - All Applications above GUI 400 Client (25 concurrent users) GUI 400 Client (26 concurrent users) FIRES Management System n License Fees Training Fees 116 days@ $800/day Travel Expenses (Cstimattd) Support secs Conversion 324 hrs 00 $100/hr modificalions 40111s01)SI00/hr Pro ecl Mrnayernc•nl • I,rvrl One .15 days (,,?$ I0U0/dav sOrrIVARF. & SPRVICES TOTALS $ 21,250 9 S 7,200.00 $ 4300 00 8,500 2 1,600.00 1:950.00 S 21,250 8 6.400.001 4.100.00 $ 4,250 3 2,400.00 800.00 $ 6,375 2 1,600.00 1.800.00 S 9,350 7 5,600.00 11800.p0 $ 6,375 1 800.00 1,500.00 included included included 1,200.00 S 17,000 11 8,800.00 3,600.00 S 8,500 2 1,600.00 1,750:00 Included Included Included 1,20000 $ 17,000 8 6,400.00 3,500.00 $ 6,375 6 4,900.00 1,250.00 $ 6,375 4 3,200.00 1,;50,00 $ 17,000 5 4,000.00 3,500.00 $ 25,500 17 13,600.00 6,000,00 $ 21,250 6 4,800.00 5,000.00 S 17,000 7 5,600.00 4,300.00 $ 4,250 NA NA 800.00 S $ 6,800 5 4,000.00 1,500.00 18,700 6 4,800.00 3,600.00 N/C Included w/Client S 10,000 1 800.00 2,500.00 S 10,400 S 18,700 6 4,800.00 3,600.00 S 282,200 :.2 116 S 92,800.00 S 60,800.00 S y 282,200.00 5 131,550.00 S 150,650.U0 2 92,900.00 92,800.00 17,500.00 17,500.00 60,800.00 47,560,00 3,300.00 32,400,00 16.2 00.00 16, 200.00 4,000.00 2,000.00 2.000.00 35,0W00 35.000,00 S 524,700.00�,3IO.gq $ 163,500.00 S 153.950.00 )0 System Hardware $118,328.80 S 59,164,40 $ 59,164.40 )0 System Software 67,764.00 33,882.00 33,982.00 t Talk/2 17,088.00 8,544.00 8,544.00 Receipt Stations 6,650-00 3,325-00 3,325.00 in& 5,000.00 5,000.00 lation 5,000-00 5,000.00 al AS/400 Support Line Services* 3,150.00 3,150.00 M-ARDWARE TOTALS S 212,980.80 [S 1091915AO I S 113,065.40 * : This Is a separate agreement with IBM and will be submitted to the Commission for opproval. Since IBM does not issue maintenance agreements prior to ordering the hardware, this item is delayed until such fime. H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT This Agreement for Licensed Program(s) and related Support Services. subject to thi limitations and conditions set forth in this Agreement, as more specifically described in the attached Supplement and Schedulc(x), is entered into by and between: H.T.E., Inc. (HTE), a Florida Corporation, with its principal place of business at: 390 North Orange Avenue, Suite 2000. Orlando, Florida 3280 1. AND CITY OF TAMARAC *CUSTOMER", with its principal place of business at 7W N.W. 88TH AVENUE TAMARAC FL 33321-2401 HTE and Customer agree that when this Agreement is signed by both parties, all terms and conditions contained in this Agreement will apply to any Licensed Program(s) andtor service(s) offered under this Ag=MCnL HTE will furnish to the Customer by this Agreement: 1. The HTE Licensed Program(s) listed in the Supplement to this Agreement 2. Grant of a nonexclusive. nontransferable license to use the Licensed Progratms on HTE supplied or approved equipment. 3. Support service(s) as described herein. With respect to the Licensed Program(s), the Customer agmcs,to accept responsibility for 1. The installation of the Licensed Program(s) plus any enhancements and/or updates. 2. Use of the programs to achieve.the Customees intended results. L DEFINITIONS "Licensed Program(s)" or "Program Product" shall mean a licensed dam program or set of programs. or routines add subroutines. consisting of a series or instructions or statements in machine readable form and any related licensed program materials provided for use in connection with the program. "Machine" or "CPU" or *11ardivare" shall mean computer hardware designated, supplied or approved by HTE ror operation of any Licensed Program or Program Product, "Installation Owe" shall inean the date that the Licensed Program is installcd/loa4ed on a designated machine, "Delivery Date" shall nican [he dole that the Licensed Program is received by the Customer. or no later than ten (10) calendar days after shipment by HTE ror services. the -Delivery Date" refers to thedate services am performed. "Acceptance" sliall mean ilim the instillcd/loaded Licensed Program(s) has gone through the program testing and acceptance Period as described in Section Vt. "Support Services" shall mean the maintenance and support call services provided to Customers for the HTE Licensed Program(s). 11. LICENSE The license granted under this Agreement permit$ the Customer to: a) Use the Licensed Program(s) on the designated Machine(s). It or printed form to provide sufficient copies to b) Copy or translate the Licensed PrOgrarn(s) in machine readab der this Agreement - support the customees use of the Licensed progmm(s) as authorized un I Opera c) Tmnsfer the Licensed Progrxm(s) to a back-up CPU to be used when the designated CPU is temporar 1Y in big, d) Modify any Licensed Prograrn(s) to form an updated work for the CustOmces use, Provided that: I. The Customer supplies HTE with written notification of the modification- 2. The modification is made according to the HTE conventions of the HTE Modification Library and not to the base system. The Licensed Program Should not be reverse assembled or reverse compiled in whole or in part. Failure to Modify the programs in the matuter prescribed may negate the ability to maintain the Licensed PrOg=($) by HTF- and will retieve HTE of any responsibility to provide support services- Any updated work using portion$ of the Licensed prog=(s) that meets the above criteria will continue to be subject to all terms Of ft AFcament- 6) Have * to a copy of the Licensed Propm(s) Source Code, subject to the provisions of Sections VIII, K X and X11 of this Agreement. HL TERM which it is siped by both parties and will remsin in eff0a until terminated by This Agreement is effective from the dam on a or by HTE as stated in this section. This A$rcmcW May be terminated by the Customer upon One (1) Month written nOtic d to HTE Or dC$trOYed- An authorized rq=e4t1dve Of dw Customer only when ati Licensed Programs have been MIUM9 mists to verify that all use of Licensed Prop=W HTE, upon request shall be afforded sufficient access to Customees pre 0 he cons ered ti termian on this have been discontinued. Notice of discontinuance of any or all lic:00" shall n t id no Go Of i Of Agreement unless speciflcally state& by the Customer upon written notice, effective immediately, License(s) granted under this Agreement may be discontinued during the testing period described in Section VI. M may discontinue any license or terminate this Agreement upon written notice inunediately if the Customer falls to comply with the terms and conditions of this Agreement. IV. HTE SUPPLIED PRODUCT(S) AND/OR SERVICES HTE shall supply the Licensed Program(s) specified in the Supplement. In addition, HTE shall supply related uwvices and/or maintenance, and may supply specialized hardware or other third party products necessary for the performance of certain special features or functions. These services and deliverables, if any. shall be identified and more specifically described in the supplement and Schedule(s), and shall constitute the complete list of deliverables provided by HTE. HTE assumes no liability for any hardware or other third party products beyond manufacturers! warranty specified in the supplement and applicable ScheduleW. Customer acknowledges that them products were selected by Customer to support festum desired by Customer, and that they am included in the Agreement 30101Y fbr that purpose. 2 V. PRICING AND PAYMENT TERMS All pricing and terms associated with Licensed Program(3) and any other HTS products and services are specified in the Supplement. Fees for Support Services are payable prior to the commencement of Support Services. Should Customer require Support Services Prior to receipt of payment and the contractual start date of such Service, Customer will be billed at the then prevailing hourly rate until payment is received. Any taxes resulting fmm this Agreement or activities resulting from this Agreement; including but not limited to sales and/or use tax, will be the responsibility of the Customer, VT. LICENSED PROGRAM TESTL74G AND ACCEPTANCE Beginning on the date ten (10) days after delivery of the Licensed Program(s) by H17, the Licensed Program(s) will be available for non -productive use for testing for a period of thirty (30) days. This testing period is to determine whether the Licensed Program(s) ftuictions operate together and whether the Licensed Program(s) meet the Customees specifications and/or requirements. At any time during the testing period, upon written notice, the Customer may discontinue the Licensed Program(s) and receive full credit or refund for the amount of the license fee. If written notice of discontinuance is not received by HTE prior to the and of the Wting period, or if the Customer um the Licensed Program(s) for other dum non-produedve use during the testing period, the Licensed Program(s) shall be deemed to be accepted under the provisions of this Agreement. VEL LICENSED PROGRAM SUPPORT SERVICES HTE will provide the Cuftmer with the Support Services listed below for the RM Licensed Program(s) for such period as' may be listed in the Supplement and Schedules, and commencing upon delivery of the Licensed Program(s). Tharufter the Services will . be provided on a year -to -yew basis provided the Customer exercises the option and pays HTE's annual support fee. a) Toll free telephone support line, twenty-four (24) hours a day, seven (7) days per week. b) Electronic suppom c) Product enhancements, updates and now release$ of the covered Licensed Program($). d) Response time to Calls within approximately two (2) hours of call. a) Error corrections as made. HTE shall not supply any support services nor be liable for any damages in the avant that any portion of the Program Products is used on equipment or with software products " software systems other than those supplied or approved by HTF- Customer shall receive written authorization from HTE before attaching to the computer system any equipment not supplied or approved by HTE. Authorization shall not be wifteld unless said equipment will cause operational damage to the system, or require undue system support from HTE. Customer acknowledges that the systems supplied by 917 have unique operating properties and are a matched system of components which must not be altered, modifI4 or tampered with without specific assistance from HTE designated personnel. 14TE shall not be liable for any damage or loss of function which results from violating the approved operating environment by personnel not approved by HTE. In the event of the failure of any hardware component or other third party product supplied under this Agreement to function or operate in confomance within specifications, HTE shall have no obligation for warranty beyond that of the hardware or other third party manufacturer or that specirled in the Supplement and Schedule(s). vin. PROTECTION AND SECURITY OF PROPRIETARY MATERIALS The Customer acknowledges that the Licensed Prognm(s) constitute proprietary materials and trade secrets Of HTE and will remain the property of HTE. The Customer will not provide or make available the Licensed Program(s) In any form except to the Customees employam HTE employees or other persons during the period they are on the Customees premises for purposes specifically related to the customees authorized use of the Licensed- Program(s), IX WARRANTY HTE warrants that for a peflod of ninety (90) days after acceptance, as Provided for in Section VI, the HTE Licensed ere Ocumentation supplied by progw(s) listed in the Supplement will perform in substantial compliance with the ref act d HTE, provided the Licensed Program(s) am used in the proper opeming environment, HTE does not warrant that the fitoctions contained in the Licensed Program(s) will meet the Customer's requirement Of will Operate 'a the combination$ which may be selected for use by the Customer after the ninety (90) day period after the completion of the Licensed Program testing described in Section VI. Any other utility or incidental software distributed by HTE will be On an 'AS IS' and "WIT'li ALL FAULTS" basis without warranty of any kind cither,expressed or implied. HTE shall be responsible only for the Licensed Program(s) and products as originally supplied and accepted by Customer, and for changes made to the Licensed Program(s) by HTE`s authorized representatives. HTE will not be responsible for the consequences of attempts At changes or modifications to the products and Licensed Program(s) made by the customer or any other unauthorized party. HTE warrants that it has the right to license the Licensed Program(s) listed in the Supplement and that the Licwsed program(s) does not infringe any intellectual Property Of Any third pony, HTE Agrees to indemnify Cummer StRiM expenses, including reasonable Attorneys! fees, and liability wising from any clahn of infringement provided HTE sW have the right to control the defense or settlement of my such claim. If use of the Licensed Prograin(s) by die customer is *oined by any itiftgement pmeeding, HTE shall, if possible, obtain withOut unreasonable CxPm" the right of License for the Customer to use the Licensed Program(s) or if tha is not possible, HTE 3W refund to the Customer the licam fee paid under this Agreemem KM MAKES No WARRANTIES, OTHER THAN AS STATED HEREIN, WM RESPECT To THE PARTICULAR LICENSED PROaRAM(S), EITHER EXPRESSED OR BAPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FM4ESS FOR A PARTICULAR PURPOSE. X. Copy AND USE Customer shall have the fight to use the Licensed Progrwn(s) in equipment Or systems supplied or approved by HTE while this Agreement is in Offect Customer shall have the right to make copies of the Licensed progm(s) and the associated reference documentation for Archival andfor backup Purposes only. Any copies made by customer shall be the property of HTE. XL LIMITATION OF LUBILITY AND REMEDIES e Customer under infringement actions, as noted in Section XII of this Except for HTE's obligations to indemnify th &I or tangible personal property caused by HTE's negligence, Or Agreement, and claims for personal injury or damages to re Customer for any cause whatsoever under this Agreement intentional wrongful act, I'ITE's liability for damages to the t of fees paid by Customer under this Agreement for HTE regardless of the form of Action, Is limited to the total arnOun Licensed Program(s) and services, not including any feel Associated with HTg project management and related out-of-pocket expenses. In no event will HTE be liable for any consequential damages, including lost profits, savings or reprocurvIntut costs, even if HTE has been advised of their possibility. in situations involving performance or nonperformance of Licensed Prograrn(s) furnished under this Agreement, the customees remedy Is (1) the correction by HTE of Licensed Program defects, " (2) if, After repeated efforts, I-M is unable to make the Licensed Progrant(s) operate as warranted, the Customer shall be entitled to recover damages to the limits W forth in this section. 4 X11. PATENT AND COPYRIGHT INDEMNITY HTE will, at its expense, defend the Customer against any claim that the Licensed Program(s) supplied hereunder infringe a patent or copyright in the United States of Puerto Rico, and. HTE will pay all costs, darnages and aftorneY,3 fees that a court finally awards as a result of such claim, To qualify fbr such defense and payment, the Customer must: a) Give HTE prompt written notice of any such claim, and b) Allow RM to control, and fully cooperate with HTE in the defense and all related settlement negotiations. The Customer agrees to allow HTE, at HTEs option and expense, if such claim has occurred or in HTVs judgment is likely to occur, to procure the right for the Customer to continue using tho Licensed Program(s) or to replace or to modify them so that they become non-infiinging. If neither of the foregoing alternatives is available on terms which am reasonable in =s judgment, upon written request, the Customer will return the Licensed Prograrn(s) to HTE. For Licensed Programs whose total charges are fully paid, the Customer shall receive a credit based on a five yew amortization of the amount paid by the Customer for the Licensed Program. HTE-shall have no obligation with respect to any such claim based upon the Custorner's modification of the Licensed Program(s) or their combination, operation or use with data or programs not fumished by WM or in other than the specified operating envirosunent This section states HTE's enth obligation to the Customer regarding infringement. XM- COPYRIGHT PROTECTION The software and any written documentaflon associated therewith we protected under the Copyright Laws of the United States. HTE warrants that HTE has the following exclusive rights with regard to the Licensed Program(s): 2) To reproduce the Licensed Program(s) in any or all forms. b) To a*% transform or rearrange die Licensed Program(s). c) To prepare other products derivative of the Licensed Program(s). d) To control the distribution of the Licensed Program(s). Customer agrees not to violate any of HTFs rights or to assist or aid others In doing so. Customer agrees to preserve all copyrightand other notices in the Licensed Program(s) and written documentation. XrV- MISCELLANEOUS Oinding Agreement. Tbc individuals signing this Agreement and any Supplement(s) to this Agreement for HTE and the Customer warrant that they have been duly authorized to do so and that the Agreement and any Supplement to the Agreement are a valid and binding obligation of HTE and the Customer. Assignment. This agreement and the rights, title, and interest may not be assigned or transferred by the Cu3tomer without the prior written consent of HTE. HTE may assign its rights, tide and interest by providing prior written notice to the Customer. Entire Agreement. This Agreement and any Supplcmcni(s)andlor Amendments to this Agreement constitute the entire Agreement between the parties. and there am no representatives, conditions, warranties, or collateral agreements, expressed or implied, statutory or otherwise, with respect to this Agreement other than as contained herein. This Agreement may not be modified, omitted or changed in any way except by written agreement signed by persons authorized to sign agreements on behalf of the Customer and of HTE. Force Majeure. HTE is not responsible for failure to have fulfilled its obligations under this Agreement due to causes beyond its control. Applicable Law. nis Agreement shall be governed by the laws of the State of Florida, and venue shall be in Broward County, Florida. Both parties acknowledge that they have read this Agreement and agree to be bound by the terms and conditions herein. IN WrrNESS WHEREOF, the parties have hereunto set their hands and sWs on the day and year first above written. 11 DWI �FA ATTEST: 5"Carol A, Evans, City Clark Approve s to Form Rym : 7 C &K";11 S. Kral% City, Attomay 511 �601" BY Joe c iberMayor Date Y v f)V-f �4/9L!97 t,^ Robert S. Noe, Jr..C!tY Manager IDRte ILT.9 - BYML Susan D. Falotico vice President/Controller/ Ccou 9-0mg SUPPLEMENT TO H.T.E., INC. LICENSE & SERVICE AGREEMENT HARDWARE PURCHASE AGREEMENT This Hardware Agreement is a Supplement to the H.T.E., INC. LICENSE & SERVICE AGREEMENT between H.T.E., Inc. (HTE) and City of Tamarac (Customer). 1. E[ARDWARE HTE shall sell to Customer and Customer shall buy from HTE the Hardware listed on the Schedule(s), under the terms and conditions contained herein. Customer may not cancel or modify any order for Hardware described on the Schedule(s) without the prior written consent of HTS. IL SYSTEMS SOFMARE Customer shall receive a license to use the systems software (the "Systems Softwam') that is provided by the Manufacturer to operate the Hardware and is more fully described on the attached Schedule(s), and title to the Systems Software shall remain with the Manufacturer, Customer agrees to protect the Systems Software, which is and shall remain proprietary to the Manufacturer, in accordance with the Manufacturer's instructions. 11L INSTALLATION Customer shall contract with the Manufacturer's Services Officer to arrange for the upgrade and installation of the Hardware listed in the Schedule(s) and shall be responsible for al -I necessary site preparations prior to and during the installation of the Hardware in accordance with UM and Manufacturer's instructions. Such site preparations may include, but are not limited to, provisions of electric power requirements, the installation of all required data and power 'cabling, and the provision of sufficient furniture and flooring for the Hardware. Customer shall bear any costs or penalties incurred by HTE as a result of Customer's failure to provide adequate facilities for installation as per HTE and Manufacturer's instructions or as a result of Customer's failure to accept delivery of the Hardware. However, in no event shall any delays in such site preparations bythe Customer negate the payment terms as provided for in the Schedule(s) to this Hardware Agreement. In the event that the Customer makes any changes to the Hardware order (i.e. Hardware configuration, delivery date, Customer Facility location, etc.) which results in increased prices from the Manufacturer or the imposition of late order charges/penaltics by the Manufacturer, Customer shall reimburse HTE fbr such changcs/penalties or increasc in cost at the time of those charges. Additionally, any Hardware 7 deposits received by HTE from the Customer will be retained by HTF. if HTE is required to return the Hardware to the Manufacturer due to any reason that is not the fault of HTE. Customer agrees to grant access to the Manufacturer and/or HTE a$ needed, to install mandatory engineering changes, order features, or model conversions to the Hardware. in conjunction with the installation of the Hardware, HTE will provide Customer with one (1) copy of each of the Manufacturer's hardware manuals which have been provided by Manufacturer without charge to HTE. M DELIVERY Delivery dates am approximate and any delivery schedule provided is estimated only and presented in good faith by tM. HTE will not assume any liability, consequential or otherwise* for any delay or failure to deliver all or any part of the Hardware. Customer will pay all installation, set-up, rigging, draying, insurance and shipping charges (F.O.B. Customer location). it is the responsibility of Customer, upon reccip4 to inspect the Hardware and to note any damage or missing items on the freight bills. V. PRICING AND PAYMEM TERM All pricing and terms MOCiated with the Hardware an specified in the attached Schedulc(s). AmOunft payable to HTE as specified are payable in full without WtOff Or dcduWQn- 1n addition to the Purchase Price and all other charges required to be paid by customer, Customer shall pay sums equal to all taxes (including, without limitatJon, sales, use privilege, ad valorem or excise taxes) however designstA levied or based on amounts payable to HTE hereunder or on Cust0mces use or possession of the Hardware pursuant to this Hardware Agreement but exclusive of United States federal, state, and local taxes based on the net income of HTE. Customer shall not deduct from Payments to HTE any amounts paid or payable to third parties for taxes, however designated. VL MUETMANCE Maintenance is not Provided under the terms of this Hardware Agree'ment- Unless otherwise provided for herein, it shall be Customer's responsibility to keep and maintain the equipment in good Operating order, and to provide for the maintenance Of the Hardwam- HTE has advised Customer that maintenance is available from the Manufacturer and other third parties and that securing Proper maintenance is essential to the proper functioning of the Hardware and perhaps to the continuation of warranty coverage. HTE makes no claims as to the reputability of any third party maintenance vendors. VII. WARRANMS HTE is not the manufacturer of the . Hardware, and therefore makes no warranties, express or implied, concerning the Hardware and Systems Software. No representation or other affirmation of f=4 including but not limited to statements regarding capacity, suitability for use Or performance of the Hardware or Systems Software shall be or be deemed to be a warranty or representation by HTE for any nor give rise to any liability or obligation of HTE whatsoever, and the provisions of any purpose, e es Manufacturer's agreement with HTE setting out the Manufacturer's warranty and service r SPOnsibilit' together with all limitations thereon and exclusions therefrom are incorporated into and made a Paft Of S the Hardware Agreement. Upon full payment of the Purchase Price, HTE shall provide for Customer to receive any and all Manufacturer's warranties in connection with the Hardware and Systems Software and all rights to make claim for breach of warranty which are or may be available with respect to the Hardware and Systems Software And all rights to make claim to the Hardware and Systems Software, to the extent allowed by the Manufacturer. Customer understands that the warranties provided under this Hardware Agreement may commence upon availability of the Hardware for delivery, shipment from the Manufacturer, date of installation or upon a specified period following shipment from the Manufactim (depending upon the Manufacturer). HIM MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE HARDWARE AND SYSTEMS SOFTWARE, AND EXPRESSLY DISCLAIMS THE SAME, SPECIFICALLY, HIE DOES NOT WARRANT THE DESIGN OR CONDITION OF THE HARDWARE, ITS MERCHANTABIL177Y OR ITS FITNESS OR CAPACITY OR DURABILITY FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE HARDWARE OR CONFORMITY OF THE HARDWARE TO THE PROVISIONS AND SPECIFICATIONS OF ANY PURCHASE ORDER OR ORDERS RELATING THERETO. VM. LEMTA71ONS OF LIABUM Except for HTE's obligations to indemn* the Customer =ckr infringement actions and claims for personal injury or damages to real or tangible personal property caused by HTE!s negligence, HTE's liability for damages to the Customer for any cause whatsoever under this Hardware Agmernent� regardless of the form of action, is lirnitet! to the greater of S100,000.00 or the charges (if rectzrring, 12 months' actual chops apply), for the product that is the subject of the claim. HTE shall not be liable for any damages caused by delay in shipment installation, or finnisWmg of Hardwam, System Softwam, or services under this Hardware Agreement and, in no event shall HTE be liable for any consequential damages, including lost profits, savings or reprocurement costs, even if HTE 6s; becti advised of fficir possibility. Any claims or matters related to any liability under this paragraph or any other provision of this Hardware Agreement shall be directed solely to the Manufacturer of the Hardware or Systems Software. IX. TITLE- SECURITY EMREST The title and the risk of loss shall pass to Customer on delivery to the Customer's facility unless otherwise noted in the applicable Schedult(s), HTE may, howeveT� reserve a purchase money security interest in the Hardware, to secure any unpaid portion of the Purchase Price. A copy of this Hardware Agreement may be filed on behalf of HTE with appropriate state authorities at any time after signature by Customer as a financing statement in order to protect its security interest in the Hardware. Until such time as the Purchase Price and all other charges specified herein am paid in full, Customer shall: a) Maintain the Hardware in good operating condition. b) Keep the Hardware free from liens and encumbrances. c) Not permit use of the Hardware in any manner likely to be injurious to the Hardware. Not remove or permit removal from its original location or make or permit any alterations without the prior consent of HIE. 9 d) Not remove or permit removal from its original location or make or permit any alterations without the prior consent of HTE. e) Keep HTE advised of the location of the Hardware, and permit HTE to inspect the Hardware at all reasonable times. f) Procure and maintain fire, extended coverage* vandalism, and malicious mischief insurance to the full insurable value of the Hardware, with loss payable, to HTF, and Customer as their interest shall appear. )L LEGAL FEES AND WAIVER in the event of any legal action brought by either party for breach of this Hardware Agreement, the other party shall be entitled to reimbursement by the POAY in breach of all costs, expenses, and legal fees incurred in obtaining a remedy to such breach, including an appeal. Failure Of either party to enforce the breach of any portion of this Hardware Agreement by the other party from time to time shall not constitute a waiver of such right in respect to the same or any other breach. xL COMUNCE WrM LAWS Customer shall comply with and conforni to all local, mufticiPAI, State and &dcnd laws relating to the operation of the Hardware. xrL mscELLANEOUS Severability. In we any one or More Of the Provisions contained in this HWware Agreement or any application thereof shall be invalid, illegal, or unenfbMeable in any respect, the validityp legality, sad enforceability of the remaining provisions contained herein and any other applications thereof shall not in any way be affected or impaired thereby. Successors Bound. ilic terms and conditions of this Hardware Agreement shall extend and inure to the benefit and be binding on the respective successors and assigns of Customer and HTF, including shareholders in liquidation. 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 intendedat the address set forth on the first pap of the, Agreement or to such other address as either party shall from time to time indicate in writing. Any such notice to be deemed to be effective upon receipt or five (5) days from the date of the mailing. whichever occur$ first. Binding Agreement. Ile individuals signing this Agreement and any Supplement(s) to this Agreement for HTE and the Customer warrant that they have been duly authorized to do so and that the Agreement and any Supplement to the Agreement are a valid and binding obligation of both HTE and the Customer. 10 Both panics acknowledge that they have read this Agreement and agree to be bound by the ierms and conditions herein. N WITNESS WHEREOF, the panics have hereunto set their hands and seals on the day and year first above written. W NE E ATTEST: BY Carol A. 9-vans, City Clerk Approved A jy S MjWM e Kraft, City Aitome"y k A V CITY OF TA"C ByAme- �9 7 WJoe SlLeibcr, Mayor Date B V-C L/9L97 LA Robert S. Noe, Jr., City Manager DW ILT.E., INC. a Vice President/Controllod ChlCf Agcounting Officer 3j21/91 I I SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT FOR: CITY OF TAMARAC CUSTOMER" 1. DESIGNATED MACHINE Model: AS/400 MODEL CPU Number; Use of the Licensed Program(s) provided in this Agreement on platforms other than specified above, without written permission from HTE, May be subject to an upgrade chame, Ill. LICENSED PROGRAM(S) A" FEES HTE will provide die Licensed Program(s) in a machine readable form with histritcl"Ons for installation by the customer. Standard form options, if applicable, will be provided by HTE. Licensed Programs: GMEA Bids Module Loans Module Applicant Tracking Code Enforcement Customer Information System Fuel interface FIRM Management System Extended Reporting Asset Management 11 Cash Receipts Land Management Business Licenses Work Order/FacilitiC3 MXUPM=t QUI 400 Server Voice Response BP Purchasing/Inventory Miscellaneous Receivable payroll/Persorinal Building Permits Planning & Zoning Fled Management OUT 400 Client Porks & Recreation Prices for HTE Licensed Program(s) and related Services am specified in Schedule A. if applicable, Hardwam and system software we specified in Schedule B. HTE may increase its prices without notice Unless specified to the cositrary, prices quoted in this Supplement are valid fbr ninety (90) days from the date of HJV3 acceptance Of this Agreement 'Mae prices am predicated an the following PaYment t9m: I . License fees am due as described in Schedule A. 2. Training fees am due upon the completion of each training session. 3. Support feas am prepaid annually, the initial payment due as indicated in the attached Schedule A and thereafter within Oft (30) days aft invoicing. 4. Additional service fees will be due within thirty (30) days after invoicing union specified. 5. Hardware payment terms are 50% at Conft= Execution; 50% at time of Installation by IBM of the Hardware but no later than 30 days from delivery provided hgWistion is not delayed by HTE. III. APPLICATION TRAINING The number of training sessions and the number Of hours of training vary per application. Schedule A of this agreement lists the number hours and the standard fee per application. The f;e quoted is for application training only. Reasonable travel or related expenses incurred by HTE for on -site training will be billed to the Customer as incurred. Additional training can be provided upon request at the standard billing rate in effect at that time. IV. SUPPORTSERVICES Telephone support will be provided using a dedicated support telephone number 24 hours per day, 7 days per week. Tlie Customer must have ECS installed an their AS1400- Support requests relating to IBM hardware or softwaft Will be directed either to IBM or the IBM Agent unless the customer has purchased annual HTE Support Line services. If the Customer has not contracted for this service and the Customer request: that HTE Technical Services Woms support services on IBM hardware or software, this time will be billed to the Customer at the standard billing rate in effect At that time for thou services. The rate in effect at the time of the execution of this Agreement is $100 per hour, excluding expenses if applicable. 12 Both parties acknowledge that they have read this Agreement and agree to be bound by the terms and conditions heroin. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. WTTNESSES: % 61 — og add(C:2 ATTEST: ax Carol A. Evans, City Clerk Approved Form: By 71F �/ (—"i A S. Kraft CiqAt(orn&/6/ V f I CITY OF TA I BY 41-21 7 3 oe hreiber, Mayor Date 'V 4 4/9/97 BY- r�.04 �\ . Aj> Robert S. Noe, Jr., City Manag4 Date ILT.E., INC. BY — Susan D. Falotico Vice President/Controller/ Chief AGcoMaljng Officer 3J21/9.7 13 SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT By AM BETWEEN H.T.E., INC. AND THE CITY OF TAMARAC SCHEDULE A -PRICING AND PAYMENT SCHEDULE 3MBA $ 21,250 9 $ 7,100-00 S 1,600-00 14,JW.VV 11950-00 Extended Reporting $ S 8,500 21,250 2 8 6,400.,00 4,100-00 purchasing / Inventory $ 4,250 3 2,400-00 800-00 Bids module $ 6,375 2 1,6w.00 11800-00 Asset Management II $ 9,350 7 5,600-00 1,800-00 Ngwellancous Receivable 1 800.00 1,500-00 Loans Module S 6,375 included included included 1,200-00 Cash Receipts $ 17.000 11 8.800.00 3,600-00 payroll / Personnel $ g,500 2 1,6W.00 1,750-00 Applicant Tracking included included Included 1,200-00 Land Management S 17,000 a 6,400-00 3,500-00 Building PtnTlits S 6,375 6 4,800-00 1,250-00 code Enforcement $ 6,375 4 3,200-00 1,250-00 Business Licenses $ 17.000 5 4,000-00 3,$00.00 Planning & Zoning s 25,500 17 13,600.00 6,000-00 Customer Information SYstm 21,250 6 4,800-00 3,000.00 Work Order / Facilities MaDAIC[DOut S I . 7,000 7 5,600-00 4,300-00 meet Management $ $ 4,250 NA NA 800.00 Fuel Interface $ 6,8W 5 4,000-00 1.500-00 Voice Response BP S 18,700 6 4,800-001 3,600-00 0 Parks & Recreation NIC Included W/Client oui 400 server - All Applic-AtiOw above 1 800.00 2,500-00 GUI 400 Client (25 concurtent users) $ 10,000 00 GUI 400 Client (26 concurrent users) $ 10,400 4,800-00 3,600-00 FIRES Management SYstem S 19,700 6 1 is $ ............ ........ .... $ 019,00 60,800-00 OTALS . . . . . . . . . . . . . . . $ 282,200-00 $ 1550 .00 . S 150,650-00 License Fees Training fees 116 days@S800/day 92,900-00 1 92,800-00 3,600-00 support Fees" 324 hrs@$100/hr 60,800-00 32,400-00 57,200-00 16,200-00 16,200-00 Con,crsion .. Modifications 40 US @ $100/hr 4,000-00 2,000-00 2,000,00 praiect managcnmt - Level One 35 days@$1000/4 35,000-00 35,000-00 9AND TOTALS 5 501.200A0 S 206.1111!111011,1111�() .............. ii�46,000.01 $ is4,250.00 14 fliffles -crisc Fees, with the exception of GUI-Clicnl and Parks and Recreation, arc due 50% upon contract .-ution: 40% within 60 days from the first training visit (if lite First application and the remaining 101/a within :ays of the final application going into live production as described in lite acceptance provisions below and as .yn in the Implementation Plan. GUI - Client licenses will be delivered. and paid for. in two parts, 'I'lic first 25 concurrent user licenses will be vered immediately upon contract execution and fees are title as stated above. The remaining 26 concurrent user ises will be delivered one year from (he execution of this Agreement. with life fees of S 10,400 due in full upon icry. ; associated with HTFs Parks and Recreation Application will be deterred until this product is available on the I AS1400 platform. upporr Services for the HTE Licensed Programs listed herein. will be provided for an initial term of sixteen (16) iths and will cornmence upon delivery to the Customer of the Licensed Programs. Fees for the initial term of )ort are due upon contract execution. Subsequent twelve (12) month terms for years two through rive (48 months) be due on the anniversary of the end or the initial support period. Rates for subsequent years of support service 3ubject to change. upport Fees for GUI -Client will be S2,500 for the first 25 concurrent users for the sixteen (16) months after ;utidn of this Agreement. In the following year (upon delivery or26 additional concurrent users) the fee win tase to SUDO annually for Years two through five, HTE agrees to hold these fees firm for this five year period. roes for services am subject to change following the initial five Year period. vam Package Discount above quoted prices on License Fee$ reflect 2 Substantial Program Package Discount. PPD's apply only to cidified Applications purchased on a single contract. ining trainers assigned will conduct the training sessions in lite sequence scheduled by the HTE Project Manager will cover all the [asks described in the training agendas. Should the City decide that a trainer is not ifted or suitable to its needs, HTE will provide another trainer which is acceptable to the city. Irthe city it satisfied with the quality Of 2 tr3illing session, it will notify HTE in writing of those areas which were :ient within 14 days ortilesession and HTE will provide additional training at no additional cost to rectify leficiency. This however does not include retraining for reasons SUCh 2S;1 student who cannot keep pace a class or who skips. in part or whole. a scheduled training session. or who requests training outside orthe plan. While HTE will oller additional training for these special skiiijit),ts, it will be billed at the then -ni hourly rate, .,cl and Living Expense 31 and reasonable lravclaml living expCilse'. ;Crvices 3ild will be invoicctl its incurre(l. , ill U ill addilioll it) tile ill Ices tilloled lor life I ITF I teensed Programs Vance z:vcPlU"cc t"fill.9 P1.111 will Ile Jointly determined fly ilie ('ilv I"'olevi Mana _get- and lite 11TE llr()jcct iger. Acceptance %V"l %0fiNUIV 11FINIUCIS. TV, 1E) Incel 111V recluilcilivills i(IC11111led Ill file ( 'ily's 1411, alld I I%Nllonsc it) file RIT, is — u — Project Manager will seek 2 sign off by file City Project Mallagct to ;R wiedgecompictionand Itallce Of the project. If the Cily withholds signature if must Provide 2 1 ist or issues in writing to HTH within 14 Issues should be consistent with tile requirements specifictl by this Agreement. Once the issues are resolved, will resubmit for sign off by the City. If the City fails to sign offor produce a list of issues, then acceptance will i default on the I Stli day. Acceptance will not be considered delayed and the City may not withhold the final ercent (10%) final acceptance payment if the City sets forth additional requirements other than originally agreed rein, or if the City elects not to bring an application into live production. re Object Oriented Applications cordance with Section II. License of the Agreement. and with the exception of any additional products as third party run-time license fees, no additional Application License Fee will be incurred for the cations purchased and covered by an Annual Support Agreement should the City elect to install HTE's next ration Object Oriented Applications when they become available. Services such as training, project igement and conversions would be additional. tersion n d for If -ersions will be controlled by the HTE System Change Request form ("SCRI which has bee prepare t c )mer by the HTE Conversion Team Leader. Data must be given to HTE in an IBM compatible format on a fied magnetic media, E)ata must match data field definition. Input data file clean up must be responsibility of )mer. Additional conversion, if necessary, will be invoiced fit the prevailing rate per hour. it is understood that io systems and file structures are exactly alike and them may be a need for sonic Manuel conversion OffOrts to place along with the electronic conversion. Following SCR forms are included in this Agreement: Vs - 9612013, 9612016, 9612018, 9612059 ifications and Interfaces ;fications will be controlled by the HTE SCR form which will be prepared for the Customer by the HTE Project Manager responsible for that module. HTE will proceed on the SCR when the signed SCR's icd with die City's authorization along with 50% payment. The final 50% payment is due upon completiom N 9612055 (Cash Receipts lock box interface) is included in this Agreement. less Warranty 11 perform in substantial -icensed Prograrn(s) and hardware items being purchased under this Agreement wi oiance with the reference documentation supplied by HTE and to tile system specifications supplied by the inier in the Request for Proposal and HTE's response to that request, provided that the Licensed Programs(s) scd in file proper operating environment. The Request for Proposal and HTE's response to dial request are )y incorporated into this Agreement by reference. unal Licensed Progranis 'sly Illay purchase iliefollowilig alTlicati011s at 111C Pisces I.ItIoled I It February 2.8. 1998: Opflollal Licemed ProgrUtil License Fre Up I:icltl 111%.pectioll - Scivcr 4.500-00 BP Fivid Illsilectit'll - Clicill 2.0(H).00 cich CE Field Insi-clioll - Serve" 4,5(H).(X) r.t. V...1A I.— ...... 2�(=.00 eacls pt-, llIil 1Ifll%,cItlV_li1lll (14) mmillis alit-l' file lerillill.11 it'll M il: dw lei In of"Illis Agi convill -11111 fillA 16 rceitient, Hie Customer may not orfer in hire or in any way L-jjjpj,%. M conipciisaic any of the employees of HTE or sons who have been employed by wri. within the inimccliale pa%i m enty-four (24) months without prior consent ces quoted above will be honored through March 31. 1997. 17 SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICE AGRJEEMENT BY AND BETWEEN H.T.E., INC. AND THE CITY OF TAMARAC SCHEDULE B - HARDWARE PRICING SUMMARY AND PAYMENT SCHEDULE PAYMENT SCHEDULE DUE UPON DUE AS TOTAL CONTRACT WCURRED/ ITEM CONTRACT EXECUTION DXLWERED' AS1400 System Hardware $118.329.90 S 59,164.40 S 59,164.Z' AS/400 System Software 67,764-00 33,882.00 33,882.00 Direct TaW2 17,088.00 9,544.00 9,544.06 Cash Receipt. Stations 6,650.00 3,32$.00 3,325.00 Training 5,000.00 5,000.00 Installation 5,000-00 5,000.00 Annual AS1400 Support Line SeMces* 3,150,00 3,150.00 EARDWARE TOTAILS '$ 222,980-80 15 109,915.40 1 S 113,065.40 js Footnotes *Fees for HT8 Support Line Services are due 90 days from installation. System Performance Assurance HTE warrants and parantees that the IBM AS/400 Model 9406-soo computer configumdox, %vill Provide adeqtlatO C2103,'-ity remen of Customet as esc ibed and satisfactory performance to satisfy the current and 3-year pmjected processing requi ts d n in the HTE response to Ott Customer's request for proposal. This sran-anty and guamtee is based on carent or 3-yeat master file siz=, current or 3-year transaction volumes, and reasonable history retention requirtnIML It ahO as== that Customer does not add other applications other than those included in the HTE proposal fOSP(Mc. and smines it ahO assumes that Customer does not utilize IBM sofl%vare products in a way that ilup= system performance that Customer balances the computer system property including, but not limited to: back-upS, file PurM tuning the system as required, and/or any other items that may impact performance based on the specificAtions and, sWng assumptions in HTE's rip response and to the sizing information provided by lite Customer in the Request For Proposal - Satisfactory perfonnance is defined as average response time of 4 scconds or Ion in over 95% of the input or inquiry transactions during any measured four hour period, Given lite above dcrinition, should the conflpration not perform satisfactorily, then Customer shall tioliN HTE ill wrifingand give HTE 30 days to determine if the unsatisfactory performance is related to HTE producls*or is rci.acti to ut i,cr f.icis lot pan or the HTE soflwarr. (sm W"Inples above). HTE shall have unrestrictedacccss to tile colliptaur ditring this 30 day correction period and shall be able to make any adjustments necessary to in1wovc si-stc," performance, Aner 31) days. ifilic System performance has not improved. and should tile ulisalist;ictory performai'lec bcaltrititilabit; to 111c 11TE sollware. then HTE shall provide additional computer capacities (111C1110tv. disk storage)w I -ITC cost to improve flic 1xi-rormaricc. Thcadditional computer citpacilies Will be addcd willun 4X) d:lvs or ilic lio dav correclion 1wriod Titic strul 111skand Dclivvry Nolxviiltsl.itidilig.itiytliillg ill lite Agrcculcuil it) llic coll1ra'A - 1111cand lite risk ofloss for flic hardware being purchased undcr 11iis Suppicluell, sll;lll p;ls.- it, ClIsjoiller iteli�-t:ry to tile Costorner..11 111c Clistolnees facility. and delivery is shall be F.O.B. City of Tamarac. Prices Prices quoted abovearc per the attached Investment Summary and are flrm for 90 days froni the date of this proposal. Prices are subject to change on orders. or portions of orders, that are not placed within this 90 day period. Travel and Living Expenses Actual and reasonable travel and living expenses arc in addition to the prices quoted for the applications and will be invoiced as incurred. W2rr2Uty and Maintenance Unless otherwise stated Customer shall enter into separate purchase of maintenance agreements with each individual hardware supplier for the equipment. Warranty and maintenance offerings from HTE for its Program Products do not apply to any hardware supplied under this Schedule, Prices quoted above will be honored through, 51arch 31, 1997. 19 pi 0=0 � C CO2 CA a GA � 6040 A �. O � 0pp1 tJ pO $ $ pP O C CD O Vl H Q4a,o�o�IQ pQ00O cl o• A 0 20 9 Date 3/26/97 rime 4:64 PM NEW Memory estimates only consider the applications as noted in the Sizing Estimate. High volume word processing will be done on personal computers. Average response time should average under four seconds. no number of devices below were provided to HTE by the City of Tamarac New: Terminals: 1, System Printers: 2. Existing: PCs: 90, Printers: Unknown 5 Application Development 2.50 so Using AS/400 Office/Query Functions 40.00 60 Using High Function Native Applications —Billing Calculations 30.00 10 Using Low Function Native Applications —Inquiry 30.00 AS/400 base memory for Model 500 64-00 MB High function native application users 30.00 X goo KB 24.00 MB Low function native application users 30-00 X 600 K.B 18.00 MB Office/Query users 40.00 X 700 KB 71.75 MB Application development users .2.50 X 900 KB 2.25 MB Communication lines 2.00 X 750 KB 1.50 MB Number of batch jobs 5.00 X 1400 KB 7.00 MB Number of print writers max 1400 KB 1.40 MB Total number ofjobs 500-00 X 60 KB 30.00 MB Memory Total 219.90 MB Utilization Factor (Memory TotaV.70) 94.24 MB Total Memory Required H.T.E., Inc. CONFIDENTIAL 314.14 MB 21 Time 4:54 PM DOW 3/26197 Disk requirements for 14TE applications am base on the sizing information provided by the City of Tamarac. Disk utilization is not to exceed BWe excluding 12% workspace. HTE Is asstuning three years of online dam history. rl,,*t��ml��!�!:���ilil!���:����:!: I * iw K*.VM Ito WP. 111�0151 'M Three years online Programs data history HTE System Software 20 ME 20 ME MABA 134 ME ISO ME Purchasing/Inwntory Ito MB 350 300 ME ME PayrolI11'emonnel 140 ISO MB MB 3000 ME Utility Billing 20 MB 60 MB Cash Receipts 34 ME 150 MB Land Management 16 MB 80 ME Asset Management 56 ME 300 ME Building Permits 34 ME too ME Owupational Licenses 20 ME 40 ME Code Enforcement 96 ME 1500 Ma FIRES Accounts Receivable 68 ME 100 Ma # Office Use" x 10 so 36 MB 1200 1000 MB, ME ASMOO System Software 3600 ME AW A 'M men= WOMEN= - 1'1� ww_ oo� m gi ow ,,_wq1V0-k Total Data History Requirement 8,380 ME 12% Work space+(100-80)-32% Utilization 2,692 ME 11,062 M8 Total Date Application Programs 4,564 MB Total Disk Required 15,626 ME H.T.E., Inc. CONFIDENTIAL 22 tj " > lopo rr i a < 0 cr 4:& cr 00 q CA 409 > jw LA 4 CP A6 40 42. 10 44 co T 23 0 to E A I El 25 5' A t No Text t� d A ,l 27 No Text csnr rCA of 2 9T CA IL I" si No cm Sq- 9 M L 29 7 mq� .. 3 5 30 v y3 I 31 H T E, Inc. SYSTEM CHANGE REOUEST FL -,ENT. city of Tamarac APPLICATION: Government Management & Budgetar REQUEST DiiCRIPTION SCRNUMSER: 9612013 t I DATE: 12 To analyze the client vendor Master File and develop a custovized conversion program to successfully convert identified data elements frem the City of Tamarac's existing Vendor Master File to the ETE Vendor Master in the (GHBA) Government management & Budgetary Accounting Application System' The scope of this project will include the conversion Of the following data entities only. - Vendor Master File information ;�, MALCOST: 1 $4,000-00 ........................ ............ . 40 x FIXED RA ;TOTAL HOURS. in! r HTE, Inc. coNHFRIRMAT) DATE: C JcmTJ T Z UENT AUTIH40RIZA REQUESTED cOM PLETION DATE: INSTRUCTIONS: 1) Sign and ranvve white copy tor your r0Wrd8'NANCFjACCOUN-nN(3 DEPT- 2) Re�turn yellow and Pink 0005 to HTE 'no' - FI 3) Cost is guaranteed for 30 days from the date abo". n and trWrjng is nof kmfuded In CW We" 8PWM8d above. 4) on site Inshdaft HTE's modnation rn&In,@narW* agr@emoK this MOM"tion win 5) it "a SRO Is under require furdwr Informakm auOrnstkudly be put uncW the Plw as welL ShMM YOU regarft HTE's nwdficWw msintenanC* agfs*mW, Plowe C*nb"04. �rrrs operations C)Opa&nW at (6W) 72740L INVOICE All billing for this requeSt WIN refer to the SCR number loeatod at tOP *t Of Oft larf"' plaaaa rarnit 50% of total ood with sWed SCA. WCWk cannot boon undl 50% P2"Ont 32 Is recel"d H T E, Inc. SYSTEM CHANCE REOUEST CLIENT: City of Tamarac SCR NUMBER: 9612016 APPLICATION,: Building. Permits DATLIUZ 196 REQUEST DESCRIPTION To analyze Client identified data files from the existing Building Permits Application System and develop customized conversion programs to successfully convert identified data elements to the FITZ Buidling Permits Application System. TOTAL HO, �S- 60 x FIXED RATE. $100.00-1 TOTALCOST. -1 $6't000.00___ HTE, Inc. CONFIRMAT12E3,1g" amwev-3 �fta . CLIENT AUTHORIZATICTR If DATE: [-�EOUESTED COMPLETION DATE. INSTRUCTIONS: 1) Sign and remove white copy for your records. 2) Return yellow and pink copies to HT'E, I= - FINANCEIACCOUNTING DEPT. 3) Cost Is guaranteed for 30 days from the date above. 4) On site Installation and tndnkV Is not Included in cost unless specified above. 5) If this oU Is under HTE's modification maintenance agreement, this nwdRkWbn vrill Submadcally be put under the plan as well. Should you require further Information regarding HTes moffcjftn maintenance agreemen� plea" contact WE's Operations Deparwwnt at (800) 7274M& INVOICE- & All billing for this request will refer to the SCR number located at top dght of this foam , Plea" nw* 60% of We! owt with signed SCR, Work cannot begin until 50% payment Is received. 33 H T E, Inc. SYSTEM CHANGE REOUIEST CLIENT: city of Tamarac SCR NUMBER: 9612018 DATE: APPLICATION: Customer InforM*tiOn REQUEST DESCRIPTION To analyze Client identified clate files from the existing Utility Billing Application system, define a conversion specification document, and develop customized ccirversion programs to succAssfullY convert identified data elements to the HTE Customer information system, The scope of this project will include the conversion of the following data entities. Locetion Information: Location address, Services at location, Surchargesp Taxes, and miscellaneous information codes. Customer Information: Name & mailing address, Services Billed, DePOsits., Miscellaneous infornation codes. Veter Inventory for metered servicest No PRIOR HISTORY. Last meter reading tment and payment history, No PRIOR HISTORY. la—st Billing, adjus balance forward only Xc—counts receivable ( total Exclusions: not included in conversion cost estimate combining of location or customer$ - Pending (unbilled) consumption reads. Pending (unapplied) payments, Billed Deposits or Payment Plans Meter repair history and Meter test history. Meter reading upload/download interface. Cleanup ef input data files from existing Utility Billing System. TOTALCOST: 1 $20,,000.00 ...... ......................... 4TE $100-00 TOTAL H�'�)URS' HTE, Inc. C�ONFIKMA 111111 YN'.1 DATE, -f j C T T -i icmlr At ]TI40RIZA N: LI�ENAU H REQUESTED COMPLETION DATE: INSTRUCTIONS: i) Sign and rernove while copy for your records. 2) Return yellow and pink coples to HTF, I=.. FINANCFjACCOUNTING DEPT. 3) cost is guaranteed for 30 days froln the data abOw- 4) on she Installation and training Is not included In cost unless specified awvO- 5) it this site is under HTE's nwdftaWn maintenance &grgernent. this modficaticin will automatically be put under the plan as waIL Should you roq�ft tuffier Information regarding HTFS moditication ntaintonsmil 11768ment, please contad HTS's 0120faticne Dopmtnent at (800) 727-80W- INVOICE- - All billing for Oft request will rotor to the SCR nuffiber located at top right of this fWM- 0 pl@w& romit 50% 01 toW cost with signed SCA. Wo* cannot begin until 60% PAYRIGnt is received. 34 H T E, Inc. SYSTEM CHANCE REOUEST I CLIENT: City of Tamarac SCR NUMBER: 96-126-59--1 APPLICATION: Asset Managetent 11 DATE: REOUEST DESCRIPTION To analyze Client input data files from the City of Tamarac's existing Asset Management Application System and develop customized conversion programs to successfully convert identified data elements to the UTZ Asset Management 11 application System. The scope of this project will include the conversion of the following data entities. Asset Master file information Asset depreciation, where applicable Year to date Life to date Asset Viscellanecus Ccmments, where applicable TOTAL HOURS: 24 X FIXEDRATE: 1 __$100.00 1 TOTALCOST. 1 $2,400.00 HTE, Inc. CONFIRMATI CLIENT AUTHORIZA7WN-' DATE: REQUESTED COMPLETION DATE INSTRUCTIONS: 1) Sign and remove white copy for your records. 2) Return yoflow and pink copies to HM Inc. - FINANCEIACCOUNTING 0EPT- 3) Cost is guaranteed for 30 days from the date above. 4) On site Installation and training Is not InckWod In cost unlow specified above. 5) If We s4o Is under HTE's modification maintenance agreement, 0* mocillication WIN aulornallcally be put under the plan as well. Should you require further Information regarding HMO modification maintenance agreement, please contact HTE's OperaLkm Department at (800) 727-8M. INVOICE- - AN billing for this request WIN rotor to the WA number located at top right of tNs form. , Please rent 50% of totw co4t with signed $CR. Work cannot begin untl 50% paynuvd IS received. 35 H T E, Inc. ��IY�``� �T-EM CHANGE REQUEST INSTRUCTIONS: 1) So and memo" hk@ SPY tar your records. 2) Retwn year end pink copal to HTL Inc. • ANANCE/ACCOUNTING DEPT, 3) Cost Is guaranteed for 30 drys tram the date above. 4) On site Mstalation end 1 oWM is not Included In cost unless spa Med above. agreement, this modification +� fi) N ft ske is under WE $ mo IGRO n brow Infortnetlon be under the plan as rust Should You . mVudhg HiE's modita*m maintenance agrarrnent, pt s OPWWOM Department st (clop) 72 4 0 L INVOICE -- • AA bating for this request wl'rerer to the $CA number located at top right of dds form. • please remit W% of MW aad wdh s" SCFL Wok cannot begin txda SM payment as A va-WWNGARW HT-8 INC. SUPPLEMIENT TO H.T.E., INC. SOFTWARE LICtNSE AND SERVICES AGREEMENT BY AND BETWEEN SUNGARD HTE INC, AND CITY OF TAMARAC, FL SCHEDULE A -PRICING AND PAYMENT SCHEDULE CONTRACT NO. TAXA-20041041 This Supplement is to the H.T.E. Inc. Software License and Services Agreement (Agreement) dated April 9, 1997, between SunGard HTE Inc. (HTE) and City of Tamarac, FL (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect, Designated Machine Use of the Licensed Program(s) provided in this Supplement On Platform$ other than specified below, without written permission from HTE, may be subject to an upgrade charge, Type: Operating System: Model: Serial Number Tape Drive: New NaviLine Support Service Feest 7 1 1,700.00 1 310.001 900.00 I 4,125.00l I 5go.661 Sunci-d HTE Schedule A Ver. 05/26/0,4 1 of3 TAMk2904104 I -Schedule A. doe September 30,2004 Payment Scbedule* Total Contract Due As Imeurred/ Delivered License Fees S 21,027.00 $ 2702700 Implementation fees 6,000,00, 6,000-00 Annual Support 4,800.001 4,800-00 1 Grand Total $ 37,827.00 1 S - 37,827-00 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. *Payments - THE AMOUNTS NO TED ABO VE SHALL BE PA YABLE AS FOLLOWS. License Fees: Upon execution of this Supplement, Implementation Fees: Upon execution of this Supplement. Support Fees: Prior to the commencenient of the initial term,of support. Support fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate. Rates for subsequent years of support service are subject to change. 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 govemed by the HTE Corporate Travel and Expense Reimbursement Policy, HTE Support Services 'New NaviLine Annual Support Fees listed herein reflect the new NaviLine annual support fees and Customer's current support fees will be adjusted pro -rat* accordingly. The above support fees are effective upon HTE's receipt of this executed Supplement. Support Services do not include maintenaricc on modifications made to the Licensed Program(s) at Customer's request. "Delivery Date" shall mean the date HTE delivers, F.O.B. HTE's offices, the Licensed Program(s) to Customer, The date of such delivery shall be referred to as the "Delivery Date." For services, the "Delivery Date" refers to the date services are performed. 2 Application Training-HTE Electronic Learning Pass (HELP) The HTE Education Learning Pass (HELP Card) is an annual renewal and will be invoiced annually with Customer's annual support services renewal. Testing and Acceptance Them is no Testing and Acceptance period on the Licensed Program(s) herein. Warranty 'Me Warranty as defined in the Agreement shall be for a period of one hundred twenty (120) days following Delivery Date. 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-reflindable processing fee. The final 50% payment is due upon completion. Customer is responsible for the cost for HTE to retrofit its modifications into now 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 Clianges 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 widtin 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 SuTiGard HTE Schedule A TAMA-20041041-Schodule A.doc Ver, 05/26104 2 of3 SepteMber 30,2004 A. personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successfiil in such rescheduling, Customer's payment obligations shall be reduced. Source Code Unless otherwise provided herein, the Licensed Programs are provided in and may be used in machine-readabie 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 from escrow upon the Occurrence of certain release events, such as HTE's failure to provide required maintenance services as agreed. Limitation of Liability Additional Provision In addition to the provisions of Section XT of the Agreement, the following Shall be added; To the extent permitted by law, and to the extent provided for under the Agreement and this Supplement 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 ices, arising out of or resulting from any negligent acts, or negligent omissions of HTE, regardless of whether such claims arc 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, Publication HTE reserves the right to publish certain information regarding this Supplement, Publication may include, but shall not be firnited 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 Preprintcd 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. Non -Hiring Statement During the term of this Supplement and for a period of twenty-four (24) months after the termination of this Supplement, the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent of HTE, 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 Broward County, Florida for resolution of all disputes in connection with this Supplement, 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 November 1, 2004. Customer warrants that the amounts to be paid hereunder will be paid out of appropriated funds stud are not part of a financing arrangement with any third party. CITY OF TAMARAC, FL Authorized Signature 6 -Wrt, L 44,14,t CA,-�, '�J Print Name & Tide t o - 2,1­0 Lt Date SUNGARD� AuthorizeTs_i�turc Susan D. Falotico, Executive Vice President & CFO Print Name & Title September 30, 2004 Date S-Gard HTF, Schedule A Ver. 05126104 3 of 3 TAMA20041041 -Schedule A -doe Scpt=ber 30, 2004