Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-98-333Temp Reso# 8399 October 13, 1998 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- 33 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SUPPLEMENT TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND HARWARD TECHNICAL ENTERPRISES, INC. (HTE), FOR A REPORT GENERATOR PROGRAM AT A COST OF $4,835.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission approved the acquisition of a new Municipal Information System from HTE on April 9, 1997; and WHEREAS, a majority of the systems have been implemented with the remaining applications to be implemented prior to the end of 1998; and WHEREAS, the proposed report generator program resides on the users personal computer and allows the users to develop their own reports in a simple step by step process; and WHEREAS, the users throughout the City expressed their need for this kind of an application; and WHEREAS, it is the recommendation of the Director of Management Information Services that the City purchase the report generator from HTE; and WHEREAS, the funding for the report generator is available in the MIS budget; and I. 1 Temp Reso# 8399 October 13, 1998 Page 2 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to execute the supplement with HTE. 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 is hereby made a specific part of this Resolution. SECTION 2: The appropriate City Officials ARE HEREBY AUTHORIZED to execute a supplement to HTE, Inc. software license and services agreement that was approved by Resolution R97-76, attached hereto as Exhibit A for the purchase of a report generator software at a cost of $ 4,235.00 and $600.00 for travel and living expenses at a total cost of $ 4,835.00. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. SECTION 5: This Resolution shall become effective immediately upon its J_ passage and adoption. j I L Temp Reso# 8399 October 13, 1998 Page 3 PASSED, ADOPTED AND APPROVED this / b day of 1998. ATTEST: CAROL GOL MC/AAE CITY CLERK I HEREBY CERTIFY that I (8399reso.doc) erc VIN MS w w w RECORD OF COMMISS MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: WM MISHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS VOTE Temp Reso #8399 Exhibit A .7 SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN HTE, INC. AND CITY OF TAMARAC, FL SCHEDULE A -PRICING AND PAYMENT SCHEDULE CONTRACT NO. TAMA-9704014 This Supplement is to the H.T.E,, Inc. Software License and Services Agreement dated April 9, 1997, between H.T.E., 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 permission from HTE, may be subject to an upgrade charge. AS/400 Model: on platforms other than specified below, without written CPU Number: HTE GRAPHICAL LICENSED PROGRAMS License Fees No. Days of Training Training Fees Support Fees Conversion Fees Cognos Impromptu-Client(3) is 1,785.00 2 $ 2,000.00 $ 450.00 N/A TOTALS S 1,785.00 2 $ 21000.00 S 450.00 S PAYM ENT SCHEDULE Due Upon Due As Due As Total Contract Incurred/ Noted ITEM Contract Execution Delivered Below" License Fees $ 1,785.00 $ 1,785.00 Training Fees 2,000.00 $ 2,000.00 Support Fees 450.00 $ 450.00 GRAND TOTALS S 4,235.00 S 1,785.00 S 2,000.00 $ 450.00 PLEASE NOTE THAT 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, For this Supplement the Customer has represented to HTE that they are tax exempt in the State of Florida. HTE Application Support Service *The initial term of HTE application support services shall commence one hundred twenty (120) days after delivery of the Licensed Program(s) and extend for a twelve (12) month term. Support fees for the initial term of support are due prior to the commencement of support. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period and support fees will be due at that time at the then prevailing rate. Rates for subsequent years of support service are subject to change. HTE AS/400 Support Line Services will begin ninety (90) days after installation of the AS/400. Application Training The number of training sessions and the number of days of training vary per applications. Listed above are the number of days for the Licensed Programs listed herein, and the standard fee per application is one thousand dollars ($1,000.00) per eight hour day, or one hundred twentyfive dollars (S125.00) per hour. Additional application training can be provided upon request at the standard billing rate in effect at that time. The fee quoted above does not include travel and living expenses. HTE represents that two (2) days of training shall not sufficiently train Customer on the Cognos application. Travel and Living Expense Actual and reasonable travel and living expenses are in addition to the prices quoted for the HTE Licensed Programs and services and will be invoiced as incurred. If Cognos training takes place at the Customer site, so long it is completed by March 1, 1999, then HTE agrees not to seek reimhursement for travel and living expenses for the two (2) consecutive days of training in an amount greater than seven hundred dollars ($700.00). I ITE Schedule A l TAMA-A.doc Ver. 6/24/98 10/29/98 Temp Reso #8399 Exhibit A .Cancellation Charges 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 or on -site project management sessions canceled at the request of Customer: cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on -site project management; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or on -site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non- refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful in such rescheduling, Customer's payment obligations shall be reduced. • Third Party Software and Hardware Unless otherwise stated, Customer shall enter into separate license and/or maintenance agreements with each individual third party hardware or third party software supplier for the equipment or software as may be provided herein. Warranty and maintenance offerings by HTE for its Licensed Program(s) do not apply to any third party hardware or third party software supplied under this Supplement. HTE does not make any warranties for any non-HTE products unless otherwise provided herein. Non -Hiring Statement During the term of this Agreement and for a period of twenty-four (24) months after the termination of this Agreement, 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. Binding Agreement. The individual signing this Supplement to this Agreement for HTE warrants that he has been duly authorized to do so and that the Supplement to the Agreement is a valid and binding obligation of HTE. The terms and conditions contained in this Schedule A, including the prices, will be honored through November 30, 1998. WIT ESSES: � ATTEST: By 0 �� Appfoved 4s 4 F rY` T C�� C, WITNESSES: I A- r I3 H.T. By OFTAMARAC r � F . ..h. HTE Schedule A Ver. 6/24/98 TAMA-A,doc 10/29/98 Temp Reso #8399 Exhibit A • SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN HTE, INC. AND CITY OF TAMARAC, FL SCHEDULE A -PRICING AND PAYMENT SCHEDULE CONTRACT NO. TAMA-9704014 This Supplement is to the H.T.E., Inc. Software License and Services Agreement dated April 9, 1997, between H.T.E., 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 permission from HTE, may be subject to an upgrade charge. AS/400 Model: on platforms other than specified below, without written CPU Number: HTE GRAPHICAL LICENSED PROGRAMS License Fees No. Days of Training Training Fees Support Fees Conversion Fees Cognos Impromptu-Client(3) Is 1,785,00 1 1 $ 2,000.00 $ 450.00 N/A TOTALS $ 1,785.D0 2 $ 2,000.00 1 $ 450.00 $ PAYMENT SCHEDULE Due Upon Due As Due As Total Contract Incurred/ Noted ITEM Contract Execution Delivered Below" License Fees $ 1,785.00 $ 1,785.00 Training Fees 2.000.00 $ 2,000.00 Support Fees LGRAN 450.00 $ 450.00 D 'r0TA LS $ 4,235.00 S 1,785.00 $ 2,000.00 S 450.00 PLEASE NOTE THAT 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. For this Supplement the Customer has represented to HTE that they are tax exempt in the State of Florida. HTE Application Support Service *The initial term of HTE application support services shall commence one hundred twenty (120) days after delivery of the Licensed Program(s) and extend for a twelve (12) month term. Support fees for the initial term of support are due prior to the commencement of support. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period and support fees will be due at that time at the then prevailing rate. Rates for subsequent years of support service are subject to change. HTE AS/400 Support Line Services will begin ninety (90) days after installation of the AS/400. Application Training The number of training sessions and the number of days of training vary per applications. Listed above are the number of days for the Licensed Programs listed herein, and the standard fee per application is one thousand dollars ($1,000.00) per eight hour dav, or one hundred twenty five dollars ($125.00) per hour. Additional application training can be provided upon request at the standard billing rate in effect at that time. The fee quoted above does not include travel and living expenses. HTE represents that two (2) days of training shall not sufficiently train Customer on the Cognos application. Travel and Living Expense Actual and reasonable travel and living expenses are in addition to the prices quoted for the HTE Licensed Programs and services and will be invoiced as incurred. 1f Cognos training takes place at the Customer site, so long it is completed by March /, 1999, then HTE agrees not to seek reimbursement for travel and living expenses for the two (2) consecutive days of training in an amount greater than seven hundred dollars ($700.00). I I'M Schedule A 1 TAMA-A.doc Ver, 6/24/99 10/29/98 Temp Reso #8399 Exhibit A .Cancellation Charges 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 or on -site project management sessions canceled at the request of Customer: cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on -site project management; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or on -site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non- refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful in such rescheduling, Customer's payment obligations shall be reduced. • Third Party Software and Hardware Unless otherwise stated, Customer shall enter into separate license and/or maintenance agreements with each individual third party hardware or third party software supplier for the equipment or software as may be provided herein. Warranty and maintenance offerings by HTE for its Licensed Program(s) do not apply to any third party hardware or third party software supplied under this Supplement. HTE does not make any warranties for any non-HTE products unless otherwise provided herein. Non -Hiring Statement During the term of this Agreement and for a period of twenty-four (24) months after the termination of this Agreement, 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. Binding Agreement. The individual signing this Supplement to this Agreement for HTE warrants that he has been duly authorized to do so and that the Supplement to the Agreement is a valid and binding obligation of HTE. The terms and conditions contained in this Schedule A, including the prices, will be honored through November 30, 1998. WITNESSES: J Y ry�l ATTEST: By (?a Appr to Form v 1 � WITNESSES: CIT F TA ARAC -s. By a H.T.E., By SUSM D. FALOTM I ITE Schedule A Ver. 6/24/98 TAMA-A.doc 10/29/98