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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-2451 1 Temp Reso# 10556 October 7, 2004 Page 1 Revision#1 — October 19, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- AL j5 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 71T6 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 providing 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 brings a tremendous amount of improvements to how users interact and use HTE applications; and WHEREAS, H T E has provided the City with a new 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 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 appropriate 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 support 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 1 Temp 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 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 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. SECTION 3: An expenditure in an amount not to exceed $37,827, is hereby authorized. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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# 10556 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 27th day of October, 2004. ,r 1� a JOE SCHREIBER MAYOR ATTEST: rL �, V,if., r P.T RECORD OF COMMISSION VOTE: N, MARION SWE SOC C "MAYOR SCHREIBER ql� CITY CLERK DIST 1: COMM. PORTNE DIST 2: COMM. FLANSBAUM- ALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCH€LL S. KFAFT CITY ATTOR Y Temp Reso #7780 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. Temp Reso #7780 Revised 2/13197 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: 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 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. 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 in application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this q day of /¢pie/L 1997. ATTEST: IQ� C- CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to foam., I► , -, / / //I/ Z, MITCHELL S. KRA CITY ATTORNEY RECORD OF COMMISSION MAYOR p� ' DIST 1: DIET DIST 3: DIST 4: TO: 4:191NI CITY OF TAMARAC INTEROFFICE MEMORANDUM MIS DEPARTMENT City Manager DATE: February 12, 1997 Director of MIS RE: HTE Contract 13ecommendation: Approval and execution of the agreement with HTE Inc., for the acquisition of the new Municipal Information System. [ague: Replacement of the City's existing municipal applications with the modern information systems hardware and software. B ck ou d• 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 #1396-240 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 lit �" - .. Attachment City of Tamarac Municipal Information System Acquisition Cost Analysis F(GL,AP, �... Budget & Projects) $ 21,250 9 $ 7,200.00 $ 4,300.00 Extended Reporting $ 8,500 2 1,600.00 1,950.00 Purchasing / Inventory $ 21,250 8 6,400.00 4,100.00 Bids Module $ 4,250 3 2,400.00 800.00 Asset Management I1 $ 6,375 2 1,600.00 1,800.00 Miscellaneous Receivable $ 9,350 7 5,600.00 1,800.00 Loans Module $ 6,375 1 800.00 1,500.00 Cash Receipts included included included 1,200,00 Payroll / Personnel $ 17,000 11 8,800.00 3,600.00 Applicant Tracking $ 8,500 2 1,600.00 1,750.00 Land Management Included Included Included 1,200.00 Building Permits $ 17,000 8 6,400.00 3,500.00 Code Enforcement $ 6,375 6 4,800.00 1,250.00 Business Licenses $ 6,375 4 3,200.00 1,250.00 Planning & Zoning $ 17,000 5 4,000.00 3,500.00 Customer Information System $ 25,500 17 13,600.00 6,000.00 Work Order / Facility Management $ 21,250 6 4,800.00 5,000.00 Fleet Management $ 17,000 7 5,600.00 4,300.00 Fuel Interface $ 4,250 NA NA 800.00 Voice Response BP $ 6,800 5 4,000.00 1,500.00 Parks & Recreation $ 18,700 6 4,800.00 3,600.00 GUI 400 Server - All Applications above N/C Included w/Client GUI 400 Client (25 concurrent users) $ 10,000 1 800.00 2,500.00 GUI 400 Client (26 concurrent users) $ 10,400 FIRES Management System $ 18,700 6 4,800.00 3,600.00 TO TALS LS 282 2 00 1 I"'.':Y `:.�`.•�}:>.:•. ••�16 $ 92,800.00 $ 60,800.00 >Y'}'?�ti•:Y°j•'.:'R`.:'{:��,t•ti:.'dyJ :4:'iS;'.M,,.•4 { } ... '•.fi: '%•e � ' ;.:•{r P 'w`.'•: -,.�:,: :`$ Y:;.•l}.v,}`,, ::C • .'.i.. - a :4: }x •..co-.`,•5 ..:a}�+. ;}: '• 4,;t:•:ii9o:4 . { >.�:+.%':Y•••� ..}�:;t+ ...5..-�'�.•:�r .�.,r:: •::::. •fi-. as ' :'ez'r. •>4):ai` �+, �} .`r - •b�'.'• ................ ,.. ,:.:.•..;.; w;:<..:::•.:.;{,{`..}+.:;;•:;cn�.;$fv:;:<:`i'•iiis �}3at:�•ske� ^:`r�,kY':; :r.:::..:;::: :' Y ,:. +4, .:.d... License Fees $ 150,650.00 $ 282,200.00 $ 131,550.00 Training Fees 116 days@ $800/day 92,800.00 92,800.00 Travel Expenses (Estimated) 17,500.00 17,500.00 Support Fees 60,800.00 47,560.00 3,300.00 Conversion 324 firs (4? $100/hr 32,400.00 16,200.00 16.200.00 Modifications 40 firs (u) $I00/fir 4,000.00 2,000.00 2,000.00 Project Management • Level One 35 days (u1 $ I000/day 35,000.00 35,000.00 SOFTWARE, & SERVICES TO"f ALS $ 524,700.00 $ 1�17,310.U0 $ 163,500.00 $ I53,950.00 ;ii:i'r.:}i'4ti�: •: iifi ' "'{},'• • •{C:::' •}}}}}'�'•+,.•yi :::':.:\i+iyi" • . .:� '•'a •}:4:'�•$:;4�{. }�•.1.. y; •,n.:a ,.yDl: ::nri:ti:y:}:i4 .: ,, �• •..( Y ��y� {: J +��{. .:;f•:f i;r AS/400 System Hardware $118,328.80 $ 59,164.40 $ 59,164.46 AS/400 System Software 67,764.00 33,882.00 33,882.00 Direct Talk/2 17,088.00 8,544.00 8,544.00 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.!!j $ 109,915.40 1 S 113,065.40 • .:.: TOTAL rT rI T COST $ : 84.8,44.9 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 the limitations and conditions set forth in this Agreement, 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 32801; 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 parties, all terms and conditions contained in this Agreement will apply to any Licensed Program(s) and/or service(s) offered under this Agreement. HTE will furnish to :he Customer by this Agreement: 1. The HTE Licensed Programs) listed in the Supplement to this Agreement. 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 Customer's 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 ofany Licensed Program or Program Product. "Installation Date" shall mc,an the date that the l.iccnscd Program is installed/loaded on a designated machine. "Delivery Date" shall mean the dale that the Licensed Program is received by the Customer, or no later than ten (I0) calendar days after shipment by HTE For services, the "Delivery Date' refers to the date services are performed. "Acceptance" shall mean that the installed/loaded Licensed Program(s) has gone through the program testing and ;acceptance period as described in Section V1. "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 permits the Customer to: a) Use the Licensed Program(s) on the designated Machine(s). b) Copy or translate the Licensed Programs) in machine readable or printed form to provide sufficient copies to support the Customer's use of the Licensed Program(s) as authorized under this Agreement. c) Transfer the Licensed Program(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 Customer's use, provided 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 part. Failure to modify the programs in the manner prescribed may negate the ability to maintain the Licensed Program(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 Agreement. e) Have access to a copy of the Licensed Program(s) Source Code, subject to the provisions of Sections VIII, IX, X and X11 of this Agreement. III. 'PERM This Agreement is effective from the date on which it is signed by both parties and will remain in effect until terminated by the Customer upon one (1) month written notice or by HTE as stated in this section. This Agreement may be terminated by the Customer only when all Licensed Programs have been returned to HTE or destroyed. An authorized representative of HTE, upon request, shall be afforded sufficient access to Customer's premises 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 VI. HTB 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 Program(s) specified in the Supplement. In addition, HTE shall supplyrelated services and/or maintenance, and may supply specialized hardware or other third patty products necessary e 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 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. `a 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. VI. 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 Program(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 listed 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 Progrtun(s). Thereafter the Services will be provided on a year-to-year 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 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 nor be 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 HTE. 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 HTE 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 Schedule(s). vin. PROTECTION AND SECURITY OF PROPRIETARY MATERIALS The 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 Customer's employees, HTE employees or other persons during the period they are on the Customer's premises for purposes specifically related to the Customer's authorized use of the Licensed Program(s). IX. WARRANTY HTE warrants that for a period of ninety (90) days after acceptance, as provided for in Section VI, the HTE Licensed Program(s) listed in the Supplement will perform in substantial compliance with the reference documentation supplied by HTE, provided the Licensed Program(s) are used in the proper operating environment. HTE does not warrant that the functions contained in the Licensed Program(s) will meet the Customer's 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 Programs) 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 infringe any intellectual property of any third party. HTE agrees to indemnify Customer against expenses, including reasonable attorneys' fees, and liability arising from any claim of infringement provided HTE shall have the right to control the defense or settlement of any such claim. If use of the Licensed Program(s) by the Customer is 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 paid under this Agreement. HTE MAKES NO WARRANTIES, OTHER THAN AS STATED HEREIN, WITH RESPECT TO THE PARTICULAR LICENSED PROGRAM(S), EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. X. COPY AND USE Customer 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 made byLicensed Program(s) nd the the property of ciated reference documentation for archival and/or backup purposes only. Any p Y HTE. XI. LIMITATION OF LIABILITY AND REMEDIES Except for HTE's obligations to indemnify the Customer under infringement actions, as noted in Section X1I of this Agreement, and claims for personal injury or damages to real or tangible personal property caused 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 form of action, is limited to the total amount of fees paid by Customer under this Agreement for HTE Licensed Program(s) and services, not including any fees associated with HTE project management and related out-of-pocket expenses. In no event will HTE be liable for any consequential damages, 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, HTE is unable to make the Licensed Program(s) operate as warranted, the Customer shall be entitled to recover damages to the limits set forth in this section. 4 Kf iR M: i FUYI 611 li tPl HTE will, at its expense, defend the Customer against any claim that the Licensed Program(s) supplied hereunder infiinge 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 payment, 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 HTE's 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 -infringing. If neither of the foregoing alternatives is available on terms which are reasonable in HTE's 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 shall 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 Customer's modification of the Licensed Program(s) or their combination, operation or use with data or programs not furnished by HTE or in other than the specified operating environment. This section states HTE's entire obligation to the Customer regarding infringement. k4-11i 4111;aRIVEe3:rriJ "TWO 3LyITCINI The software and any written documentation associated therewith are 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): a) To reproduce the Licensed Program(s) in any or all forms. b) To adapt, transform or rearrange 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 HTE's rights or to assist or aid others in doing so. Customer agrees to preserve all copyright and other notices in the Licensed Program(s) and written documentation. 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 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 Agreement. 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. r ATTEST: Carol A. Evans, City Clerk Approve"s to Form: RY NLl, j�Vrtchell S. Kraft,City Attorne WI ESSES: CITY OF TAMARAC BY 4 9 97 Joe SceiberMayor Date BY ,M'• n 7 l.^ Robert S. Noe, Jr., City Manager bate H.T.E BY L—===--�� Susan D. Falotico Vice PresidendController/ 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). 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. 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. Fi Ali 411& Kyp W3 li (ill 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 changes/penalties or increase in cost at the time of those charges. Additionally, any Hardware d 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, 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. IV. DELIVERY 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, set-up, 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 PAYMENT TERMS All pricing and terms associated with the Hardware are specified in the attached Schedule(s). Amounts payable to HTE as specified are payable in full without setoff or deduction. In 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 limitation, sales, use privilege, ad valorem 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. VI. MAINTENANCE Maintenance is not provided under the terns of this Hardware Agreement. 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 Hardware. 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. 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 PARTICULAR PURPOSE WITH RESPECT TO THE HARDWARE AND SYSTEMS SOFTWARE, AND EXPRESSLY DISCLAIMS THE SAME. SPECIFICALLY, HTE DOES NOT WARRANT THE DESIGN OR CONDITION OF THE HARDWARE, ITS MERCHANTABILITY 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. VIII. LEVIITATIONS OF LiABiLITY 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 $100,000.00 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 furnishing 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 HTE has been advised of their 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 INTEREST The title and the risk of loss shall pass to Customer on delivery to the Customer's facility unless otherwise noted in the applicable Schedule(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 permit any alterations without the prior consent of HTE. 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 HTE and Customer as their interest shall appear. X. LEGAL FEES AND WAVER 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 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. XI. CONTLXANCE WITH LAWS Customer shall comply with and conform to all local, municipal, state and federal laws relating to the operation of the Hardware. MM MISCELLANEOUS Severability. 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. The 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. Notices. Any notice provided for herein shall be in writing and sent by registered or certified mail, postage prepaid, addressed to the party for which it is intended at the address set forth on the first page of the Agreement or to such other address as either party shall from time to time indicate in writing. Any 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 lust above written. WeL'��- WITNESSES: -dg*� ATTEST: REV i Carol A. Evans, City Clerk Approved A a rm: � - Mitc 1 S. Kraft, City Altorney WIT ESSES: . CITY OF TAMARAC Y 4 9 97 Joe Schreiber, Mayor Date BY JL/9/97 (.)% Robert S. Noe, Jr., City Manager 66te H.T.E., INC. BY� S�L — Susan D. Falotico Vice President/Controller/ 11 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 charge. 11. 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 Enforcement Customer Information System Fuel Interface FIRES Management System Extended Reporting Asset Management lI Cash Receipts Land Management Business Licenses Work Order/Facilities Management GUI 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 Programs) and related Services are 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 contrary, prices quoted in this Supplement are valid for ninety (90) days from 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 annually, 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 50% at Contract Execution; 50% at time of installation by IBM of the Hardware but no later than 30 days from delivery provided installation 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. 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. SUPPORT SERVICES Telephone support will be provided using a dedicated support telephone number 24 hours per day, 7 days per week. The 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 if applicable. 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. W NESSES: + V�L11 • ATTEST: Carol A. Evans, City Clerk Approved o Form: BY— t h 1 S. Kraft, City A orn W ESSES: �rn-- CITY OF TAMARAC BY Q7 1 oe chreiber, Mayor Date BY 1 4 9 97 Robert S. Noe, Jr., City Manag4 Date H.T.E., INC. BY2�= Susan D. Falotico Vice President/Controller/ Chief Accounting Offlc:r 3/21/97 13 SUPPLEMENT 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 Extended Reporting Purchasing / Inventory Bids Module Asset Management II 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 / Facilities Management Fleet Management Fuel Interface Voice Response BP * Parks & Recreation GUI 400 Server - All Applications ab GUI 400 Client (25 concurrent users) GUI 400 Client (26 concurrent users) FIRES Management System ALS License Fees Training Fees 116 days @ $800/c Support Fees" Conversion 324 hrs ® $100/hr Modifications 40 hrs cQ $100/hr Project Management - Level One 35 days Q $1000 TOTALS 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 N/C 10,000 10,400 18,700 $ 282,200 9 2 8 3 2 7 1 included 11 2 Included 8 6 4 5 17 6 7 NA 5 6 1 6 116 $ 282,200.00 $ 131,550.00 92,800.00 60,800.00 57,200.00 32,400.00 16,200.00 4,000.00 2,000.00 35,000.00 $ 7,200.00 $ 1,600.00 6,400-00 2,400.00 1,600.00 5,600.00 800.00 8,800.00 1,600.00 Included 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 4,800.00 Included w/Client 800.00 I 4,800.00 92,800.00 1 $ 92,800.00 16,200.00 2,000.00 35,000.00 $ 50'1,200.00 I 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 3,600.00 2,500.00 s+ 3,600.00 60,800.00 150,650.00 3,600.00 154,250.00 14 motes Tense Fees, with the exception of GUI -Client and Parks and Recreation, are due 50% upon contract :ution. 40% within 60 days from the first training visit of the first application and the remaining 10% within :ays of the final application going into live production as described in the acceptance provisions below and as .vn in the Implementation Plan. GUI - Client licenses will be delivered, and paid for. in two parts. "fhc first 25 concurrent user licenses will be vexed 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 full upon ery. associated with HTE's Parks and Recreation Application will be deferred until this product is available on the t 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 commence 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 five (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 after :uti6n of this Agreement. In the following year (upon delivery of 26 additional concurrent users) the fee will ease 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 five year period. ;ram 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. fining 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 it satisfied with the quality of a training session, it will notify HTE in writing of those areas which were :lent within 14 days of the session 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 session. or who requests training outside of the plan. While HTE will offer additional training fir these special situations, it will be billed at the then :nt hourly rate. ,cl and Living Expense al and reasonable travel and living exillenses Me in addition to the prices quoted for the 1111 Licensed Programs services and will be invoiced as incurred. ptance cceptartce testing plan will he.luintly deternuned by the Cily Protect Manager and Ihr 11"1'Ii 11ro1ect tger. Acceplance will validate Ihuse sol-lware producls• inlcrt'acrs. c(mversiuns anal modifications performed '11" to meel file requirenn•nls iden111'4.41 in the l'11y's kl"l' and I f 1'1•:,% response to the RFI'. 15 I Ili Project Manager will seek a sign off by the City Project Manager tonowledge completion and )lance of the project. If the City withholds signature It must provide it Iist of issues in writing to HTE within 14 Issues should be consistent with the requirements specified by this Agreement. Once the issues are 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 i 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 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 tgement and conversions would be additional. iersion •ersions will be controlled by the HTE System Change Request form ("SCR") which has been prepared for the )mer 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 )mer. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is understood that to 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 Agreement: #'s - 9612013, 9612016, 9612018, 9612059 ifeations 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 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. ,css Warranty _icensed Program(s) and hardware items being purchased under this Agreement will perform in substantial Iliance with the reference documentation supplied by HTE and to the system specifications supplied by the wmer in the Request for Proposal and HTE's response to that request, provided that the Licensed Programs(s) sed in the proper operating environment. The Request for Proposal and HTE's response to that request are ry incorporated into this Agreement by reference. anal Licensed Programs 'nv mnv nurchase the followine applications at the prices quoted through February 28. 1998: Optional Licensed Program lid' hichl Inspection - Server BP I-icld Imheetion - Client CE I-icld Inspection - Server CF F11.111 Intincrtiun - Client License Fee 4, 500.00 2.000.00 each 4,500-00 2,000.00 each Ifiring Statement nl' thr Iemi of this Agtcelnc111 and liq a lnclllld of 1%velliv-10111 ( 4 ) months allcr the lei 111111411WIt of 1111% 16 rcenient. the Customer may not offcr to hire or in any way employ m compensate any of the employees of HTE or sons who have been employed by i4,n- within the immediatc pa%t tt�emy-four (24) months without prior consent i fri?. ces quoted above will be honored through March 31, 1997. 17 SUPPLEMENT TO H.T.E., INC. SOFTWARE 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 DELIVERED* AS/400 System Hardware $118.328.80 $ 59,164.40 S 59,164.40 AS/400 System Software 67,764.00 33,882.00 33,982.00 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 S 109,915.40 1 S 113,065.40 Footnotes *Fees for HTE Support Line Services are due 90 days from installation. System Performance Assurance HTE warrants and guarantees that the IBM AS/400 Model 9406-500 computer configuration will provide adequate capacity and satisfactory performance to satisfy the current and 3-year projected processing requirements of Customer as described in the HTE response to the Customer's request for proposal. This warranty and guarantee is based on current or 3-year master file sizes, current or 3-year transaction volumes, and reasonable history retention requirements. It also assumes that Customer does not add other applications other than those included in the HTE proposal response, and assumes that Customer does not utilize IBM software 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 sizing assumptions in HTE's rfp response and to (lie sizing information provided by the Customer in the Request For Proposal. Satisfactory performance is defined as average response time of 4 seconds or less in over 85% of the input or inquiry transactions during any measured four hour period. Given the above definition, should the configuration not perform satisfactorily, then Customer shall notify HTE in writing and give HTE 30 days to determine if the unsatisfactory performance is related to HTE products or is relalcd to other facts not part of the HTE software (sce examples above). HTE shall have unrestricted access to the comptacr during (Ilis .30 day correction period and shall be able to make any adjustments necessary to improve system performance. Alter .30 days. if the system performance has not improved. and should rile uasatisfacton• performance be attributable to the 1.1TE sol ware. then HTE shall provide additional computer capacities (ntemory, disk storage) at I -ITC cost to improve file perfornlancc- The additional computer capacities will be added witlun 90 days of the 0 day correction period. Title and Rislcand gclivery Notwithstanding; anytl►iiig in the Agrccrucm to file contrar.'. fitle :old the risk of loss for the hardware being; purchased under this Supplement shall pass to Customer upon delivery to the Customer at 111c Customer's facility, and delivery 18 shall be F.O.B. City of Tamarac. Prices Prices quoted above are per the attached Investment Summary and 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 arc in addition to (he 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 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 Alarch 31, 1997. 19 N 3 Ol n W U) C rn 8 R $ c N C6 :L cr � g qq ri w P ? lift, ppgg CO) w P 06 ID 6 7 CD fe om S z to 3 m+ a. ISF O n ,� r1n o • a° w to rn c :'•• e < 'b rw.r � ►Z r � � fD (A CD N 60) fAtA 69 acc00 Q� £A b9 69 69 LA OO vi QO Cb Q p 0p ON C) CDCD g CD a a a a a (A v �. sn .- ooC>0 00 a a � N N V \0 zzza�, a a .W � ,a a a N L � n 0 A n W Q w 3 m 10 r. 20 Date 3/26/97 Time 4:54 PM >ft:;AS404 Assuttt t. ate..::.::}:::.::..:::..:::::.:•..:Y::Y:: ::::>: ?: 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: 2. Existing: PCs: 80, Printers: Unknown .............................................. �.............................. �..........:...:.........., ••:::: •::: •::::::::::::.: „•:::•:::::: •:::::: <.v:.v:;: {::•v::•ea:`yc•:r: }}}):;{?•p•q:.}q?? o :::}::>::: r....., ::...:::.:. ,,.::.... lrea#io..... x :.::.: • • :..:} :.::'::.:.. tr Use # )....;;::::::>::.:; 5 Application Development 2.50 80 Using AS/400 Office/Query Functions 40.00 60 Using High Function Native Applications --Billing Calculations 30.00 60 Using Low Function Native Applications --Inquiry 30.00 <:.. :.:.:.:,:;.:::.:::::::..�w'f+ •;}:•::?.Y:?{•;:'il't1 •. • � fs:::::#{4:::::.:.:. ,-.,:,-,::.:.. :• .AL : �:>::'•s=':} may, .:: ...................�.... - ��. .. ..} .!{F..; ..::.:: ::: -� ::�:::. ... n.\vrnv:.x::41,v::::.:v::$��?ii�}£4+�{?4:4,4 V,:w$�}n'•ti•:4.4 ii::,xx4.i•%,'?4:4h`.::=::v:•:::;:.:::".-�:::.:..........::::.r:::m:.:•:.•rrr.:.::.v:.4}i:?•N:vwi:v.{4:i?:�d..,..R.;^..!:•:4:<i4}}}:4::.5?„ ,x..�"-„•. mv,.}:4}}:u: :}:+::{4Y::•Y:o>Y>••p}:.. +}M"„{4''{ N•.4:}'{{::•. :+': }�'{iti Y'ti..�:}}}• '�i $Yi• +Y}'::•'•Syy:v:.::4:5{'.:.:S:v::.;.•.};?4:•>}::4}:. n, :4 .-.p,-.... ...�i : .$i•:C..... },}: ,•.,•:::::•::::.v::::�•:: i n,•.v::::.v:.:::v.y::; , :., :•.:v: •: ,'^ri{^}}}: •: T?.,. }{• •}.??• Y::4. •:.{..t.:...... .•..}:•::'•:.Ai},}• ??:^:•i}:4':;.v::v; w3• �ii•..x{v::: ••:::........ }�} .... -. f. �1�BlfFQI:=3�s�tlnrait:�f'51. •YY�;.: ..k..;:;:..s. •f {•bY:•::. ;:. �;:.: �.. ? �`w:�::i:$=t; .; ?�.. ..v::.:4.Yo�:�C:at?:w �Y.v...:....•::.w}}�n',�%>.�r: ....... �.......:: �::::.�.::'::.:,�::'�:::: �.::.v.w.•.4:.:,��i,{{?v: r.•.4.{i}}3ii�i :?N6}.::wY:ii�Y:� �:�:-:?:in•: }.x.t \:,�.:•}:xn:?•: n,:xtiif{'wi$i'ih:........:.,:, .4. �•i}if {4:?!�i<�i:-rv. 4 AS/400 base memory for Model 500 High function native application users Low function native application users Office/Query users Application development users Communication lines Number of batch jobs Number of print writers Total number of jobs Memory Total Utilization Factor (Memory Tota1/.70) Total Memory Required 64.00 MB ( 30.00 X 800 KB) 24.00 MB ( 30.00 X 600 KB) 18.00 MB ( 40.00 X 700 KB) 71.75 MB ( • 2.50 X 900 KB) 2.25 MB ( 2.00 X 750 KB) 1.50 MB ( 5.00 X 1400 KB) 7.00 MB ( Max 1400 KB) 1.40 MB ( 500.00 X 60 KB) 30.00 MB 219.90 MB �!ZWZ.Jruvn 314.14 MB ,• .�. ..4y...,4.:., ,.. ... �:.. •: •Y,••••:Y^:': �::.:':•:v::•::: �:.:::::n �:..7.,...,;.,,ti. .: •:4:•. }:4k:' ;:.;hv?:.:•;.:`:4:vY:::•r:::: ....;.:h•�n'•::'S •. - }}:4'i4 ' .: ........................ ^:..... { ....7. ...: v.: ..:4J/.} }{:x 4ti4>.{: r{{{...,: � - :•.:....... �r.......1 W. n, } .4. . }K...'% +�..:.:.:::-1.:•}. n:.-.::.:: •.v.v^., .•h . }. i�}.�:`.ar ti;:. }.. . ....:•:.:: ::.� ?.:,',••"::•}:,:•} {:.: ::,� is H.T.E., Inc. CONFIDENTIAL 21 Date 3/26197 Time 4:54 PM 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. •:)�l�)i�r��#�# ., C;T'eS�dl9ae.r:.Y:;,:~::....;:::..,::.,...v.,�::.~}::::.:..........,:..:�;:•..;:..,}}}s:•::?r:;>r.:....,.F.:}.:�c::c::,::?:;:}:;::{{,v:::;;•:.,::;, •}r::{,- • }}n::rx:<:-.:-•,:,{.::.::. ::.......... �...:...........,.:,::o}Yro.a{{•; .......... «YYrr:{:<�,•: YYN{,, :{.,:•;.. Programs Three years online data history HTE System Software 20 MB 20 MB GMBA 134 MB 180 MB Purchasing/Invcntory I10 MB 350 MB Payroll/Personnel 140 MB 300 MB Utility Billing 180 MB 3000 MB Cash Receipts 20 MB 60 MB Land Management 34 MB 150 MB Asset Management 16 MB 80 MB Building Permits 56 MB 300 MB Occupational Licenses 34 MB 100 MB Code Enforcement 20 MB 40 MB FIRES 96 MB 1500 MB Accounts Receivable 68 MB 100 MB # Office Users x 10 80 36 MB 1200 MB AS/400 System Software 3600 MB 1000 MB :::;fi0th�::D1sk>�.p�itx : Y . ,•Y?{:a:::::::� ..... <:€�?:oY:::»>.. .}: ••.::{:Y>fa::�.Y>::;;:?�.>Y::;::::•;YYY:{{•,»:»»:>:Y?YYYY:::•:>:_:,... . ,rh•:::>;:...{. •:nY •{ • x :• «np• �{y{i:}:;}.v :;;:ax•.� 4;;:; �:R+:Bi�•l:.`::;+�::+t� .:;:n;x;;:;>;:_x�t���;;:s:t�:; ••:tx{+x:nrr:•::,:.x;}:: ;:;y>:,+.;:•L:. C.-"�=:'�'?°�:i:�`:... ;:;g;:;:,•:Yn:. ;;;..,.; ,:.>�•Y};{fix:.?::::.,;.•::.;:.�:.:::-;::;;qt2?::;? ..F... '•f��..... .:.o ::.a �:+-.... •Y::g:=:.:,f ;.4�. .6ti;,,• ~Y.. •::.o} 'NK•.�e::AN��:�:iFeww!.1lll!�:?`.:i$r:::-.:;: ::5"{•,;1y{,•{.r..--:.?tr'iiY`:'>`.,�''':ii:•:4::{ti✓:::isi$:tier:::{$•£��i�i:�,v::...v:•Y+:bii{+v�C{•Yi:•:4YYY: •k.,+2Gh:.n.:.. ��+Y::l�-?:^...:nxv:...v.-, a•Y%v.v:::::::.vn.vntr.w::.:.•.-�::R:{imti i•}id{.\ Y.:.:.1..•..•: Total Data History Requirement 8,380 MB 12% work Space+(100-80)=32% Utilization 2,682 MB Total Data 11,062 MB Application Programs 4,564 MB Total Disk Required 15,626 MB �9'✓;Fq+;'//fit"..7.:??:�kr;:;•..,}}. }Y•}•-Y,f;•+:: ••,.�{•}y,::`?t;:;y'"•`,4`}r:: x•. •: v xvx;nr� •••:::: v.v 4m .y.};.{;•;nnv{q.�• iti'ry�:}i i�:��n'ti:}::Yw v:�h• •;; {? i �:.:?}:•:::.. ;. {n..... :r'v.. ^: ii.{{Y,.::... +• ��::-:i:i{;}}}:{>. `': v•X..,.::: }: •:v:.:'i>• .:.�-::'•}:•}:•%\-ir; fi:;v: �: r,•.r •�:;}:.:_.�•.,.~.wx;.Yw;ro-:;o•F;{•}}w{•w:,:•::..{•,�.::::::::}:::::;}:,•.::.{.,.:::n,.:;:;•}:o?f;:::�.•.,.•.:.ia:.,�:+'ce:•+•,:/•}:}n•.a„•..+:ate::.,...: H.T.E., Inc. CONFIDENTIAL 22 y A• �• 0 � A A rt v �b p) e0 oao i �O � fC A N a 0 9y co o W N A w net 3 y O�°rNIc C CDa -A. W °O oCL 9 � 0 s b CD y cn � CL Q o � n m 's Q• w .0 y C" c c a PA C N v � 5 C w � L -1 cChir a w "" y 0 A a a &� th C6 CD a 0 0 0 0 o `� 14 v cn N W w \ C p N•: w 4 •�00O C 0 00 •'Sr: a< iv c a a a a c+ c .: �• > • a a � ro O C� N !fie .0^i. � � ."Y a � fp 5� =rA La = a a � � 23 oA v J J J _ -j J J J .] CA o fu -4 ur w O Q i r-' a �? C ^� CA G c3 �+ m eO p VCA ro Q $ N• ro ro. y a ro n 19 r g ro o r•, o Q �c ro s a a a a a a a c 3 ro C64 �a0 H b w v' a �QCL rjy}r. d a o a o o a a w o g a.. CD.CD c o a o c $ $ $ $ a v o o n � 3 b+f ce N o p n fQ O N CD to b9 N v� &! 10 w C J (Z EA 11O �L7 e C 4 Hp pppp ap FA Gpp] w O 4 C �G 10 o pCp d C O ro n::o O O O O 4 C C N a 0 A N hi p� d7 d! w p NQ� NO v a a o $ o o v o o $ A 0 0 0 o ca o aC, a. a. a a a a. a. C6 rs iA `S9 N `0) N N N y N y CAN A 24 co Q O N 7 W :E a. ro ro Q e Q C y h A d ro 3 O 7• C6 x C r A O N o CL 0 y M K d a �o cows ci U iN O O ti W p�I s on ' 0 3 n 0© 0 W v wc G7 ;E w A w w w f! G ^ j -4 8 � 0� w .r � N 00 ro r. � w a a a w w w �wc�wC7 n� w ft _� % �0cr O p' t9 o C" CC A e `c w w w e y A y �, A y A A w Q, k 11p O r. C' a.O w fnC M r,CD UO A Sb m Gi =r CA tv n C17 Op n CA Lan��; tr A � H a � m r� 000 ry ,�► '� c m v v 00 a g otin n Z o > gr o � 40 N �z W 0O0 �, 00 a Q C S a tA .3 � a v1 m, � a 0 0 W � A c w w ro 26 v v v o O c :. v n � * --q w y v w m• 3 * O iz ra q wj g n j, W r c7 > b w � o w n N oho N A A N O0 • 0 a to got rr re cn ro ce n n a y O m n •� . a �GJ 0. 0 0. 0. 0. 0. wO� PC yy0. i'9 f0 l9 % N %9 y �? w n '+pit. rr .. .•r .. ti q R�.. .� cia- q VQ W N y' to J J N Cn 00 N q �' '�• pO AOwe m 1• ���qq .4 tin v�i awe A O� N N 4� � .70 �• ..�, Im 00 rj a n A c 00 Ga- � n o a ca N °i "" ° Sa°: fi v a y � 3 . n 0 v 0 �fl 0 m H 27 ro w ro ro a � n ro n W " � � b C A A i 00 A ow ro 3 m ca cr y H N_ pA wp S s O v 9 N �I LD CJ1 M ic 28 N T q G N- -4 > n b rt. v irtD Oo ro 0 n 0� aM pi O 7� •j N N it Ii O e00 Er r'o ua C) M w 0 O _ O a rL " CDto CL r, a �. cn FL a b a o vQ co dm 00 mc enqq „oy y' 3 pia CD C ro � w S. Ile CL r R co L °' A � =r e rL O ro64 A _ t3 5' Ali n i� �Tl I W � �.1 jV rybr, 5'0 r� °p C O G C? '+ 'k c a ccbo yQQ Fr a. p ppop a CD m ,� ^d iron.. A C W W t!� ll� ;�• ro c i ai N Q- p O C7 O 0+ 9 A FA CDpp e9 10 O to 'C M 5! t - b9 4'! se fH m O. A O C7 CDcr � a �e REP Q C p p �► C O i� pp t^J. pp C7 CS O � V a N z o Z Z Z z e m � - r 0 0 a �• sr H H O+ `! n Mrn n M C" Fe' O ro O N n � n - O aa4 ��a svO aaA' � 7 � � 0� 0� � O. vOi o 4 n ,0 �' ro OQ �y OQ O CA r ^1 �y �* f9 r.. �. _ 10 0 co 5+ co CL A. G C tt�j, r.y CL O Call A a w a �. •w A A a0 W b H a H A A a CL oa C) A y �N a Er'� A b 0 V O H r Q w A C 10 T a A ;� 30 -4 4 • . . * w • .j * . . * r * . .1 fC w = w x w > C s .A+ H Hcn N to v A [tee $fie w cm[° Q = ro rn' eo r,' ro cue emo •j ro O iC A N N A O r. 0 75 l ry a° r o n a hi a !6 p 'O Z 'Z7 p• O S n• IMA IIIry _ �' CA N j 1 d. a m 'o O O O Q 23 a. d Z- a S.. p a• y y (n n O . �C � i =r a y w 'aO `t a Cam" no 3 � � g. �j a a to N 0 .y g� �n y p._�e�C C.ac�a a Cd IW 03 03 3 T act �lR &•' c o o O y• c, n c S '• a. D o m y a C A •v ppl� pa' 04 N � d4 N C17 ? :► � � N A. w b o c 'a w a°�i o. to Ri w (NA .�� N 4 N•_ N 0. O p O Qf N � N �co N e9 H H A T " En N wV.yy rF r. o p1 o-y A C ep w y cp c n F yy i.� co C M M O A i a g 3 m 9 31 H T E. Inc. SYSTEM CHANGE REQUEST CLIENT: City of Tamarac PLICATION: Government Management & Bud etar Acct AP REQUEST DESCRIPTION SCR NUMBER: 9612013 DATE:12/06/96 To analyze the. Client Vendor Master File and develop a custoirized conversion program to successfully convert identified data elements from the City of Tamarac's existing Vendor Master File to the HTE Vendor vaster in the (GMHA) Government Management & Eudgetary Accounting Application System. The scope of this project will include the conversion of the following data entities only. - Vendor blaster File information TOTAL HOURS: 4 0 X FIXED RATE: 10 0.0 0 TOTAL COST: HTE, Inc. CONFIRMATI DATE: CLIENT AUTHORIZA N: REQUESTED COMPLETION DATE: INSTRUCTIONS: 1) Sign and remove white copy for your records. 2) Return yellow and pink copies to HTE. Inc. - FINANCEIACCOUNTING DEPT. 3) Cost is guaranteed for 30 days from the date above. a) On site installation and training is not included in cost unless specified above. 5) If this site Is under HTE's modification maintenance agreement, this modification will automatically be put under the plan as well. Should you require further Information regarding HTE's modification maintenance agreement, please contact HTE's Operations Department at (800) 727-8088. NVOICE — • All billing for this request will refer to the SCH number located at top right of this form. • Please remit 50% of total cost with signed SCR. Work cannot begin until 50% payment is received. $4,000.00 32 H T E, Inc. SYSTEM CHANGE REQUEST CLIENT: City of Tamarac SCR NUMBER: 9612016 APPLICATION: Building Permits DATE:12 06 96 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 HTE Builling Permits Application. System. TOTAL HOURS: 60 x FIXED RATE: $10 0.0 0 TOTAL COST: $ 6 , 0 0 0.0 0 HTE, Inc. CONFIRMATIO . ' /e4 ,p e CLIENT AUTHORIZ N. DATE: REQUESTED COMPLETION DATE: INSTRUCTIONS: 1) Sign and remove white copy for your records. 2) Return yellow and pink copies to HTE, Inc. - FINANCE/ACCOUNTING DEPT. 3) Cost Is guaranteed for 30 days from the date above. a) On site installation and training is not included in cost unless specified above. 5) If this site Is under HTE's modification maintenance agreement, this modification will automatically be put under the plan as well. Should you require further information regarding HTE's modification maintenance agreement, please contact HTE's Operations Department at (800) 727.8088. 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 SCR. Work cannot begin until 50% payment Is received. 33 H T E, Inc. SYSTEM CHANGE REQUEST City of Tamarac SCR NUMBER: 9612018 y 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 ccrrversion programs to successfully convert identified Bata 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 location, Surcharges, Taxes, and Miscellaneous information codes. Customer Information: Name & mailing address, Services Billed, Deposits, Miscellaneous information codes. Meter Inventory Last meter reading for metered Services, NoyPRIOR PHISTORY. OR HISTORY. Last Billing, adjustment and 'payment Accounts receivable ( total balance forward only ) Exclusions:'( not included in conversion cost estimate ) Combining of location or customers. Pending (unbilled) consumption reads. Pending (unapplied) payments. Billed Deposits or Payment Plans Meter repair history and Deter test history. Meter reading upload/download interface. Cleanup cf input data files from existing Utility Billing System. TOTAL HOURS: 1 200 HTE, Inc. CONFIRMA CLIENT AUTHORIZATION: REQUESTED COMPLETION DATE: INSTRUCTIONS: FIXED RATE: 1 $100.00 TOTAL COST: DATE: $20,000.00 1) Sign and remove white copy for your records. 2) Return yellow and pink copies to HTE, Inc. - FINANCEIACCOUNTING 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 HTE's modification maintenance agreement, this modification will automatically be put under the plan as well. Should you lease contact HTE's Operations require further information regarding HTE's modification maintenance agreement, Department at (800) 727.8088. 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 SCR. Work cannot begin until 50% payment is received. 34 H T E. Inc. SYSTEM CHANGE REQUEST CLIENT: City of. Tamarac SCR NUMBER: 9612059 APPLICATION: Asset Management II DATE:12/19/96 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 II 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: $100.00 TOTAL COST: $2, 400.00 HTE, Inc. CONFIRMATIOISL ,u/;� CLIENT AUTHORIZA N: DATE: REQUESTED COMPLETION DATE: INSTRUCTIONS: 1) Sign and remove white copy for your records. 2) Return yellow and pink copies to HTE, Inc. - FINANCEIACCOUNTING 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 HTE's modification maintenance agreement, this modification will automatically be put under the plan as well. Should you require further information regarding HTE's modification maintenance agreement, please contact HTE's Operations Department at (800) 727-8088. 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 SCR. Work cannot begin until 50% payment 35 Is received. CXIllull I H T E, Inc. '\U/V/ I SYSTEM CHANGE REQUEST I INSTRUCTIONS: 1) Sign and remove white copy for your records. 2) Return yellow and pink copies to HM Inc.. FINANCE/ACCOUNTING 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 modification maintenance agreement, please contact HTE's Operations Department at (800) TV-8088. N VO I C E — • 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 SCR. Work cannot begin until 50% payment 11. 4. 41 1 11 V- . SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN SUNGARD HTE INC. AND CITY OF TAMARAC, FL SCHEDULE A -PRICING AND PAYMENT SCHEDULE CONTRACT NO. TAMA-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 platforms other than specified below, without written permission from. HTE, may be subject to an upgrade charge. Type: Model: Serial Number Operating System: Tape Drive: SunGard HTE Licensed Pro rams License Fees Implementation Fee Annual Support NaviLine Select Migration $ 6,000.00 Asset Management II - A2J $ 2,950.00 GMBA with Extended Reporting -GMJ/ERJ 9,760.00 Work Orders/Facility Management - WFJ 6,410.00 Purchasin Invento - PIJ 5,840.00 Global Financials - GFJ Included in PIJ Accounts Receivable - MRJ 3,520.00 Loans Module - LNJ 2,040.00 Pa oll/Personnel - PRJ 52890.00 Applicant Tracking - ATJ 2,720.00 Fleet Mana ement - FMJ 5,670.00 Automated Fuel S stem Interface - AFJ 1,270.00 Planning & Zoning - PZJ 5,890.00 Building Permits - BPJ 8,280.00 Business License - OLJ 1,810.00 Code Enforcement - CEJ 5,200.00 Customer Information System - CXJ 15,910.00 Land Parcel/Management - LXJ Included in CXJ Cash Receipts - CRJ IRinCXJ RecTrac Interface to CR - VIJ IMenu Driver - HT IncludedDocument Mana ement Services - DXJ Included Re IAdmin and 5 End User - CGJ Included QRep Catalog (GMJ, MRJ, CRJ, PIJ, PRJ, FMJ, ATJ, GFJ, LXJ, BPJ, OLJ, CEJ, PZJ CXJ, WFJ CPJ) - CJ Included in License Fees Click2Gov Core Module - KI N/A Click2Gov CIS Module - K2 N/A Click2Gov OL Module - K6 N/A Human Resources - HR N/A HELP Card - HCz $ 4,800.00 License Fee Sub -Total $ 83,160.00 Less NaviLine Migration Discount 29,106.00 Less "Next Generation Discount" 27 027.00 SunGard HTE Licensed Program Totals $ 27,027.00 $ 6,000.00 $ 4,80-00 New NaviLine Support Service Fees' $ 2,210.00 7 320.00 4,810.00 4,380.00 N/C 2,640.00 1,530.00 4,420.00 2,040.00 4,250.00 950.00 4,420.00 6,210.00 1,360.00 3,900.00 11,930.00 2,800,00 1,700.00 310.00 N/C 900.00 1650.00 4,125.00 590.00 2,700.00 1,040,00 SunGard HTE Schedule A Ver, 05/26/04 1 of 3 TAMA_20041041-Schedule A.doc September 30, 2004 Payment Schedule* Total Contract Due As Incurred/ Delivered License Fees $ 27 027.00 $ 27 027.00 Implementation Fees 6,000.00 6,000.00 Annual Support 7 4,800.00 4,800.00 Grand Total 1 $ 37 827.00 $ 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 NOTED ABOVE SHALL BE PAYABLE AS FOLLOWS: License Fees: Upon execution of this Supplement, Implementation Fees: Upon execution of this Supplement. Support Fees: Prior to the commencement 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 governed 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-rata accordingly. The above support fees are effective upon HTE's receipt of this executed Supplement. Support Services do not include maintenance 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. 2Application 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 There is no Testing and Acceptance period on the Licensed Program(s) herein. Warranty The 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-refundable processing fee. The final 50% payment is due upon completion. Customer is responsible for the cost for HTE to retrofit its modifications into new releases. Provided Customer exercises its option to have HTE maintain specific Modification Retrofit objects and pays HTE's annual Modification Retrofit Maintenance fee, support for each modified object shall be invoiced annually. The current annual maintenance fee of $100,00 per object is subject to change. Scheduled Resource Changes Customer acknowledges that HTE makes every effort to schedule training and project management sessions sufficiently in advance to make effective use of HTE's personnel and to obtain favorable prices for travel and living. Accordingly, the following cancellation charges apply to training and on -site project management sessions canceled at the request of Customer: Cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on -site project management; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or on -site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non- refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE SunGard HTE Schedule A TAMA_20041041-Schedule A.doc Ver. 05/26/04 2 of 3 September 30, 2004 personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful in such rescheduling, Customer's payment obligations shall be reduced. Source Code Unless otherwise provided herein, the Licensed Programs are provided in and may be used in machine-readable object code form only. HTE offers the Customer, through a third party escrow agent, a Source Code Escrow Agreement that provides for release of the source code version of the Licensed Programs 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 XI 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 fees, arising out of or resulting from any negligent acts, or negligent omissions of HTE, regardless of whether such claims are caused in part by any party indemnified hereunder, but not to the extent that the Customer is legally liable for such damages and costs. In no event, however, will HTE be liable for any consequential damages, including lost profits, savings or reprocurement costs, even if HTE has been advised of their possibility. Publication HTE reserves the right to publish certain information regarding this Supplement. Publication may include, but shall not be limited to, using Customer's name in a press release announcing this Supplement and listing Customer's name on HTE's complete customer listing that is made available to other HTE customers and potential customers. Preprinted Terms and Conditions Preprinted conditions and all other terms, not included in this Supplement or in the Agreement, on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Agreement, and if applicable, this Supplement and the Hardware Purchase Agreement if applicable, shall control unless expressly accepted by HTE in writing to the Customer. 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 and are not part of a financing arrangement with any third party. CITY OF TAMARAC, FL 'authorized Signature Print Name & Title Z7-0`t Date SUNGARD HTE C. Authorized Signature Susan D. Falotico, Executive Vice President & CFO Print Name & Title Se tember 30, 2004 Date SunGard HTE Schedule A TAMA_20041041-Schedule A.doc Ver. 05/26/04 3 of 3 September 30, 2004