HomeMy WebLinkAboutR-2003-114 HTE agreement server host RESOLUTION NO. 2003-114
® A RESOLUTION OF THE CITY OF DANIA BEACH, .FLORIDA, APPROVING
THE AGREEMENT BETWEEN H.T.E., INC. AND THE CITY OF DANIA BEACH,
FOR AN APPLICATION SERVICE PROVIDER, PROVIDED BY H.T.E., INC. TO
UTILIZE THE H.T.E. INC. SERVER AS THE HOST COMPUTER SYSTEMS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Dania Beach is in the process of converting CitySoft
software to H.T.E. versions;
WHEREAS, H.T.E. is offering the "Application Service Provider" service; and
WHEREAS, the Information Services Manager is recommending to contract
this service and that Finance Department has performed a financial analysis which
has proven to be cost effective.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA:
Section 1. That a five year agreement be entered with H.T.E. for an
"Application Service Provider" with an annual Consumer Price Index adjustment.
Section 2. That the City Manager and City Attorney are authorized to make
minor revisions to the Agreement as are deemed necessary and proper for the best
interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED and ADOPTED this 13th day of �20
O N
MAYOR— CO MISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
CIlAkLENE JO SON COMMISSIONER MIKES - YES
CITY CLERK VICE MAYOR MCELYEA - YES
MAYOR ANTON -YES
1 RESOLUTION NO. 2003-114
APPROVED AS TO FORM RM AND CORRECTNESS:
BY: � �_ 1
LI -
THOMAS, . ANSBRO
CITY ATTORNEY
•
2 RESOLUTION NO. 2003-114
e •
FLORIDA
yet .v
May 21, 2003
Ronald E. Goodrow
Executive Vice President
SunGard HTE Inc.
1000 Business Center Drive
Lake Mary, Florida 32746
RE: APPLICATION SERVICE PROVIDER AGREEMENT -
Dear Mr. Goodrow:
On May 13, 2003, the Dania Beach City Commission adopted Resolution
No. 2003-114 approving the above agreement.
We enclose a copy of the resolution and the original agreement that has
been executed by the City of Dania Beach. This agreement now requires final
execution by your company. Upon execution, please keep a copy for your files
and return the original to me for our records.
If you have any questions regarding this agreement, please contact Vern
Johnson, Information Systems Manager, at 954-924-3636.
Sincerely,
Minam asser
Deputy City Clerk
Enclosures
•
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
® ® SunGard HTE Inc.Application Service Provider Agreement
Hetping Government Work Better."
Agreement No. DANI-20030321
CUSTOMER NAME AND ADDRESS: Effective Date(copy from signature page):
City of Dania Beach,FL
100 West Dania Beach Boulevard
Dania Beach,FL 33004
(Customer named above is hereinafter referred to as"Customer")
THIS H.T.E.,INC.APPLICATION SERVICE PROVIDER AGREEMENT(the"Agreement',is made and entered into by and between
SunGard HTE Inc.("SunGard HTE")and Customer on the day and year written following the execution hereof by SunGard HTE.
SunGard HTE and Customer agree that all services to be provided by SunGard HTE to Customer hereunder shall be furnished only under the terms
and conditions of this Agreement and its"Schedule A-Order Form". The terms of this Agreement shall control notwithstanding any contrary provision of any
purchase order used by Customer to effect the furnishing of any software or services by SunGard HTE to Customer.
I. Definition of Terms. As used herein:
1.I. "Application(s)"means the software system(s)to which Customer has requested access and paid therefor,listed on Schedule A,including,but not
limited to,all computer programs and related documentation,and any modifications thereto.
1.2. "Conversion"means the process by which Customer data is transformed to a usable SunGard HTE operational format. Conversion is an optional,
not mandatory,service offered by SunGard HTE.
1.3. "Effective Date"means the date on which SunGard HTE executes this Agreement.
1.4. "Host Computer Systems"means SunGard HTE's hardware and software,located on SunGard HTE's premises,which is maintained and
supported by SunGard HTE and utilized to provide the Access services hereunder.
1.5. "Implementation"means the processes by which Customer prepares Customer's operating procedures and personnel for transition to the
Applications. Customer is primarily responsible for the preparation of its personnel and procedures,assisted by SunGard HTE as provided for herein. At
the conclusion of Implementation,Customer's use of the Application with real data in a production(and not testing)mode is referred to herein as"Go-
Live". Implementation is a part of Start-Up Assistance.
1.6. "Schedule A-Order Form"means an attachment to this Agreement,which is a part of this Agreement for all purposes. Each Schedule A shall
replace all prior Schedule(s)A.
. 1,1, "Standards Sheet"means an attachment to Schedule A-Order Form,which provides the most current information supplemental to this
Agreement,such as hours of operation and support and Customer hardware requirements.
1.8. "Start-Up Assistance"means the combination of Implementation and Training services which prepare Customer for Go-Live.
1.9. "Training"means the classes held by SunGard HTE to instruct Customer in the use of the Applications. Training is a part of Start-Up Assistance.
2. Access Services and Start-Up Assistance. SunGard HTE agrees to provide access to the Applications(hereafter referred to as"Access")requested
by Customer on Schedule A-Order Form(or any supplemental or replacement Schedule A)for the number of terminals indicated so long as Customer is current
in its payment obligations hereunder. Customer agrees to pay the fees for Access("Access Fees")as provided on Schedule A-Order Form. Customer agrees that
Customer's Access to the Applications shall be for Customer's sole use and not for any third patty.
2.1. Hours of Operation. SunGard HTE shall publish its hours of operation on the Standards Sheet and shall keep Customer apprised of any changes
thereto.
2.2. Improvements and Changes. SunGard HTE will install upgrades,new software releases and enhancements,error corrections,upgrades to third
parry operating system software,and upgrades to hardware,as necessary,for the Host Computer Systems.
2.3. Start-Up Assistance. SunGard HTE will provide Start-Up Assistance to Customer and Customer agrees to pay to SunGard HTE the Start-Up Fees
as provided on Schedule A-Order Form. SunGard HTE's most current information with regard to Start-Up Assistance is published on SunGard HTE's
Standards Sheet.Customer agrees to reimburse SunGard HTE for actual,reasonable travel and living expenses incurred by or on behalf of SunGard HTE
and its personnel in famishing the Start-Up Assistance. Any such travel and living expenses shall be billed by SunGard HTE to Customer on a monthly
basis and governed by the SunGard HTE Travel Policy.
2.4. Optional Conversion Services. At Customer's option,SunGard HTE will provide Conversion services. If Customer elects Conversion services,
Customer shall provide data to SunGard HTE in an IBM compatible format acceptable to SunGard HTE,and on media specified by SunGard HTE.
3. Term of Agreement. This Agreement is effective on the Effective Date. The term of this Agreement("Term")shall begin on the effective date and
shall continue for the number of whole months indicated on Schedule A-Order Form after the first application Go-Live date. (For example,if SunGard HTE
executes this Agreement on June 1;2000;if the Term is 48 months;and if Customer's first application Go-Live date is August 15,then the Tenn of this
Agreement begins June I,2000 ends August 31,2004.]
4 Charges for Services.
4.1. Customer agrees to pay SunGard HTE Access and Start-Up Fees in accordance with Schedule A-Order Form. No more frequently than once per
year.SunGard HTE shall have the right to adjust the monthly Access fees to reflect changes in the CPI. For purposes of this Agreement,"CPI"shall mean
the Consumer Price Index for all Urban Consumers,U.S.City Average,for all Items(1982-1984= 100),as published by the Bureau of Labor
Statistics of the US Department of Labor(or any successor agency that shall issue increases and decreases in the cost of living). SunGard HTE may
adjust other fees at any time.
4.2, Each month beginning on the first day of the first month after the first application Go-Live,SunGard HTE shall invoice Customer and Customer
shall pay to SunGard HTE the monthly Access Fees for the upcoming month. Travel and living expenses actually incurred in prior months for which
SunGard HTE is seeking reimbursement,shall also be invoiced monthly.
ASP Agreement DANI-20030321-ASP Agreement.doc
Rev.040903 Page I of 4 May 5,2003
4.3. Start-Up Fees are due upon execution of any Schedule A-Order Form,unless otherwise provided on the Schedule A.
4.4. Amounts payable to SunGard HTE hereunder are payable in full without deduction,or set off,and are net of all sales,use or other taxes or duties.
Customer shall duly and timely pay all taxes and duties,however designated,levied or based upon amounts payable to SunGard HIE hereunder(exclusive
of United States Federal,state or local taxes based upon the net income of SunGard HTE). Customer agrees to indemnify and hold SunGard HIE harmless
from any such taxes or duties which any federal,state or local taxing authority requires SunGard HIE to pay on Customer's behalf. It shall be Customer's
obligation after payment by Customer to challenge the applicability of any tax if it so desires.
4.5. Customer shall pay for any data communications telephone services. If Customer requires special telephone line configurations due to unique
equipment or data requirements,SunGard HIE reserves the right to charge for analysis and design of such'special configurations.
4.6. SunGard HTE may,after having provided Customer with ten(10)days advance written notice,deny Access to Customer until all required
payments due to SunGard HIE are received. The provisions of this Subsection 4.6 shall not operate as a waiver of any other remedies SunGard HIE may
have.
5. SunGard HTE's Obligations. To assist Customer in accessing and using the Applications hereunder,SunGard HIE will:
5.1. provide all equipment,software,including changes,updates,and modifications thereto,and services necessary for operation and maintenance
of SunGard HTE's Host Computer Systems;
5.2. provide efficient communication accessibility to the Host Computer Systems;
5.3. provide information regarding data back-up procedures,security,and other functions as reasonably requested by Customer;
5.4. operate and maintain the Applications and allow Customer access and use thereof. If third party software is included in or with the
Applications,SunGard HTE will identify separate access or use restrictions or additional payment obligations associated therewith in Schedule A;
5.5. provide Start-Up Assistance described in Schedule A pursuant to Section 2 hereof;
5.6. offer Convention services;
5.7. provide Application support and system support;and
5.8. publish system availability and support hours as well as host targeted response time.
6. Customer's Obligations. In order to enable SunGard HIE to perform its obligations hereunder,and as a condition precedent-to SunGard HTE's
obligations to perform hereunder,Customer shall:
6.1. within ten(10)days following the execution of this Agreement,designate a primary and a secondary contact,including telephone numbers and e-
mail addresses;
6.2. exercise all due diligence in the performance of its obligations hereunder in connection with the Start-Up activities and subsequent access to and
use of the Applications;
6.3. develop and implement proper audit controls,balancing procedures,operation methods and sufficient procedures to satisfy its requirements for data
security,accuracy of input,and verification of output,including security access control for Customer's users of the Applications;and
6.4. adhere to hardware and communications requirements as published in the Standards Sheet;
6.5. in the course of Customer's daily operations,input data,perform balancing activities,generate reports,maintain data integrity;and be responsible
for ensuring the input data is accurate and meets the standard specifications provided by SunGard HIE for such data;
6.6. maintain documents of original entry,source data and other backup media sufficient for file and input data re-creation in order to mitigate against
the possibility of loss of input data and Customer data maintained by SunGard HIE;
6.7, use standard forms as required by SunGard HIE;and
6.8. provide for Internet connectivity.
7. Representations,Warranties and Limitation of Liability.
7.1. SunGard HIE represents that it is the owner of all Applications used in the performance of services hereunder,or is an authorized licensee
with the right to engage in the delivery of such services,and such software or licenses thereto have been lawfully acquired by SunGard HIE.
7.2. SunGard HIE warrants that the Application(s)will perform in substantial compliance with its then current documentation. SunGard HTE warrants
that in the provision of services hereunder,SunGard HTE will use employees,agents or contractors who are adequately trained and who possess the
requisite skills and professional knowledge to provide assistance in utilizing the Applications. \
7.3. In the event an Application is found to not substantially conform to its then-current documentation,Customer shall so advise SunGard HIE and
SunGard HIE shall diligently pursue resolution of the discrepancy between the Application and its documentation.
7.4. IN NO EVENT SHALL SUNGARD HIE BE LIABLE TO CUSTOMER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
UNDER THIS AGREEMENT. In no event shall SunGard HIE be liable to Customer for other damages arising under this Agreement unless such damages
result from intentional misconduct or gross negligence on the part of SunGard HTE's officers or employees,in which event SunGard HTE's aggregate
liability under the Agreement will be limited to the lesser of either(a)actual damages resulting directly from such conduct,or(b)the amount of Access Fees
actually paid to SunGard HIE by Customer hereunder during the three(3)months immediately preceding the month in which the liability accrued.
7.5. THE PROVISIONS HEREOF ARE IN LIEU OF ALL WARRANTIES,EXPRESS OR IMPLIED AND WHETHER OF MERCHANTABILITY,
FITNESS OR OTHERWISE. THE REMEDIES HEREIN CONTAINED ARE EXCLUSIVE AND CUSTOMER WAIVES ALL OTHER REMEDIES.
8. Confidentiality of Customer's Information.
8.1. SunGard HTE acknowledges that Customer regards as confidential and as a proprietary asset any information or materials that come to the
attention of SunGard HIE by reason of(a)the presence of SunGard HTE's agents,employees,or representatives at Customer's site,or(b)SunGard
HIE furnishing services to Customer in connection with this Agreement(such information,materials,and records collectively being referred to as
"Customer's Confidential or Proprietary Information").
8.2. SunGard HIE agrees to safeguard Customer's Confidential or Proprietary Information by holding it in strict confidence,disclosing it only to
those employees,agents or contractors who have a need to know in order to provide Access as agreed upon. In the event that a subpoena or other legal
process that in any way concerns Customer's Confidential and Proprietary Information is served upon SunGard HIE,then SunGard HTE agrees to
notify Customer in the most expeditious fashion possible following receipt of such subpoena or other legal process,and SunGard HIE will reasonably
cooperate with Customer,as requested by Customer,to contest the legal validity of such subpoena or other legal process(provided that Customer
• agrees to pay any expense SunGard HTE incurs in so doing).
8.3. SunGard HIE agrees to take all reasonable steps to prevent the disclosure,publication or dissemination of Customer's Confidential or Proprietary
Information to any other person or entity,except where and to the extent specifically required by law.
8.4. The provisions of this Section 8 shall survive termination of this Agreement.
ASP Agreement DANI-20030321-ASP Agrcement.doc
Rev.040903 Page 2 of 4 May 5,2003
9. Credit Toward In-house Licensing. As used in this Paragraph 9,"In-house Licensing"means procuring through SunGard HTE's standard license
agreement,the right for Customer to run a copy of the Applications for Customer's use only,on hardware owned or leased by Customer at a facility which is
owned or centrollcd by Customer. In the event Customer desires to run the Applications in-house(and has not previously procured a license for such in-house
use),SunGard HTE will discount Customer's in-house licensing fees by an amount equal to one percent(1%)of the licensing fees for each month Customer uses
Access services,up to a maximum discount of sixty percent(60%). In order to qualify for said credit,Customer must not be in breach hereof,must have provided
termination notice pursuant to the terms of this Agreement,must enter into SunGard HTE's standard license agreement,and must have paid all fees required to be
paid to SunGard HTE. Maintenance and support services for the Applications will be available to Customer(arid are recommended by SunGard HTE)under the
terms of SunGard HTE's standard maintenance agreement. In the event SunGard HTE terminates this Agreement pursuant to Section 15.2 hereof,SunGard HTE
shall provide the Applications to Customer for In-house Licensing at no additional charge for license fees,provided however that Customer enters into SunGard
HTE's standard license agreement;Customer pays any fees required to be paid to SunGard HTE under this Agreement;and Customer is not in breach of this
Agreement.
10. Security of Customer's Data;Access to SunGard HTE's Facility. SunGard HTE will provide data security procedures which will include backup
of all magnetically stored data kept or processed for Customer using the Applications,in a reasonable manner determined by SunGard HTE in keeping with
generally accepted industry practices. Upon reasonable notice and during regular business hours,Customer may request admission to SunGard HTE's facility.
SunGard HTE will not unreasonably refuse such access. Any non-SunGard HTE personnel who are granted access to SunGard HTE's facility shall comply with
the physical security procedures instituted by SunGard HTE.
I f. Contingency Planning. The parties'responsibilities with respect to contingency planning will be as follows:
11.1. SunGard HTE will develop,maintain and,as necessary in the event of a disaster,execute a disaster recovery plan(the"SunGard HTE Plan")
for SunGard HTE's hardware and Applications.
11.2. SunGard HTE will provide to Customer such information as may be reasonably required for Customer to assure that Customer's disaster
recovery plan is compatible with the SunGard HTE Plan.
11.3. Each party will be responsible for the training of its own personnel as required in connection with all applicable contingency planning activities.
12. Record Retention. It is Customers sole responsibility to ensure that its records and data meet its retention requirements. SunGard HTE will provide,
as a standard,record retention for a period of three(3)years. If Customer requests,SunGard HTE will provide longer record retention to Customer at SunGard
HTE's then-current fees for such service.
13. Customer Insurance Responsibility. If Customer desires to obtain insurance protection against any losses incurred due to loss of input data during
transmission or delivery or from errors resulting from defects in,or malfunctions of,the mechanical or electronic equipment used by Customer,Customer may do
so at Customer's expense and SunGard HTE agrees to cooperate with Customer in obtaining such insurance.
14. Intellectual Property.
14.1. All computer programs,including the Applications,related documentation,written procedures,copies of transcripts,and similar items are
proprietary to and shall be considered trade secrets and confidential information remaining the property of SunGard HTE or SunGard HTE's vendors.
Customer agrees that it will not disclose to any third party at any time(either during or after termination of this Agreement)any trade secrets or any other
secrets or confidential information learned by Customer in connection with this Agreement. All documentation shall be returned to SunGard HTE upon
termination of this Agreement. All original input data items remain the property of Customer and will be returned pursuant to Customer's instructions,so
long as Customer is not in breach of this Agreement. Customer shall retain or destroy all original input documentation and other documentation in
accordance with its own procedures.
14.2. The provisions of this Section 14 shall survive termination of this Agreement.
15. Termination.
15.1. Termination for Cause. Either party may terminate this Agreement for cause in the event that the other parry materially or repeatedly defaults
in the performance of any of its duties and obligations under this Agreement,subject to the following:(i)the non-defaulting party shall provide written
notice to the other party of the non-defaulting patty's intent to terminate this Agreement,specifying in detail the cause for the default(hereinafter a
"Material Default Notice");(d)upon receipt of a Material Default Notice,the recipient shall promptly commence curing the specified default(or
demonstrate that the default did not occur),provided that the period of time to cure the default(the"Cure Period")shall not exceed(a)ten(10)
calendar days in the event of a default in the payment of money,or(b)ninety(90)calendar days for causes other than payment of money(if the cause
cannot reasonably be cured within the aforesaid Cure Period,the parties may extend the cure period by mutually agreeing upon a reasonable plan and
progranm for curing the cause);(iii)if the cause is not cured within the prescribed or agreed upon Cure Period,the non-defaulting party may then
immediately terminate this Agreement by providing a written notice to the other,stating the cause for termination,and such notice shall not require a
cure period.
15.2. Ternmination for Convenience. After the first twelve months following the first application Go-Live date,either party may terminate this
Agreement upon no less than six(6)months prior written notice to the other party and subject to the rights and obligations provided in Section 15.3
hereof. The party's termination notice shall specify the date of termination. Customer shall be responsible for all Access and other fees,as provided
under this Agreement,during the period of time up through and including the termination date.
15.3. Upon notice of termination pursuant to Section 15.2,in addition to any other amounts due and payable to SunGard HTE,Customer shall pay
SunGard HTE's then-current standard deconversion fee which will be no more than the sum of the fees incurred under this Agreement for the three(3)
months immediately preceding said notice of termination. The foregoing fees shall cover the costs for SunGard HTE to provide its standard
deconversion services under the terms of Section 15.4. For any other termination by Customer,except a termination for cause,Customer shall pay a
termination fee equal to the fees incurred under this Agreement in the month immediately preceding actual termination times the remaining months in
the Term. For any termination by SunGard HTE pursuant to Section 15.2,Customer's sole and exclusive remedy shall be as provided in Paragraph 9,
Credit Toward In-house Licensing,hereof.
•
ASP A,rcenment DANI-20030321-ASP Agreement.doc
(.e:.0-I0:,03 Page 3 of 4 May 5,2003
15.4. Upon termination of this Agreement for any reason and payment of any amounts due to SunGard HTE,SunGard HTE will provide its
standard deconversion services in order to assist Customer in removing its information and placing said information in SunGard HTE's standard
format for input to another vendor's applications. If Customer converts to a different vendor's applications,SunGard HTE agrees to provide all
reasonable assistance and documents for said deconversion. In the event Customer requests a non-standard deconversion,SunGard HTE shall be entitled to
receive compensation for consultation,software and documentation provided to assist in the deconversion on a time and materials basis at the standard
prevailing rate then charged by SunGard HTE for such services.
15.5. Customer's obligation to pay any and all fees or other monies hereunder shall survive termination of this Agreement.
16. Dispute Avoidance and Dispute Resolution. Prior to either party commencing any legal action under this Agreement,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.
17. Notices. Any notice,request,demand,or other communication required or permitted hereunder will be given in writing,communication charges prepaid,to
the party to be notified. All communications will be deemed given when received. The addresses for the parties for the purposes of such communication
are:
If to Customer:
To the address shown on Page I of this Agreement.
If to SunGard HTE:
SunGard HTE Inc.
1000 Business Center Drive
Lake Mary,Florida 32746
ATTENTION:Contracts/Legal Counsel
A party may change its address only upon written notice to the other party in which case this Agreement will be deemed to have been so modified.
18, Force Majeure. Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure arises out of causes beyond
its reasonable control. Such causes may include,but are not limited to,acts of God,acts of the public enemy,acts of government in either its sovereign or
contractual capacity,acts of the party whose performance is not sought to be excused,fires,flood,weather,epidemics,quarantine restrictions,strikes,freight
embargoes,failure of transmission or power supply,mechanical difficulties with equipment which could not have been reasonably forecasted or provided for,or
other causes beyond its sole control. The party so affected will resume performance as soon as practicable after the force majeure event terminates.
19. Contractual Documents. This Agreement,along with its Schedule A-Order Form,the Standards Sheet,and any supplements or modifications thereto,
• contains the complete agreement between the parties with respect to the subject matter hereof. No additional representations,agreements or modifications or
amendments to this Agreement hereafter made by a party shall be binding upon either party unless in writing and signed by Customer and accepted in writing by
an authorized officer of SunGard HTE at its offices in Lake Mary,Florida.
CITY OF DANIA BEACH, SUNGARD HTE INC.
Authorized Signature Authorized Signature
WAN PATO, CITY MANAGER Ronald E. Goodrow, Executive Vice President
Print Name&Title Print Name&Title
! <Dd- May 6, 2003
Da Date
ASP Agreement DANI-2003032 I-ASP Agreement.doc
Rev.040903 Page 4 of 4 May 5,2003
• Sun Gard HTE Inc. Application Service Provider Agreement
Agreement No. DANI-20030321 City of Dania Beach, Florida
SIGNATURE PAGE
CITY OF DANJIA BEAC
By:
Bob Anton yor
A est:
B
Charlene Johr Qsn,'City Clerk fvadPato, City Manager
(SEAL)
Signed day of , 2003.
• Approved As To Form And Correctness:
By 1
Thomas V Ansbrd, City Attorney
® SunGard HTE Inc.Application Service Provider Agreement
Schedule A- Order Form
Helping Government Work Better."
Customer Name: City of Dania Beach,FL Yes No
Initial Order Form X
Agreement Number: DANI-20030321-1 Replacement Order Form X
Replaces Order Dated
1. Term: Begins upon signing of the ASP Agreement and continues for sixty(60)months after-Go-Live of first application.The
term "Go-Live" is referred to as Customer's use of the Applications with real data in a production(and not testing) mode.
2. Application Groups- Start-Up Fees and Monthly Access Fees
Start-Up Monthly
SunGard HTE NaviLine Applications and/or Services Fee* Access Fee
Asset Management It,Cash Receipts,GMBA/Extended Reporting,Work Orders/Facility
Management,Purchasing&Inventory,Accounts Receivable,Customer Information System,CIS
Handheld Base Integration(ITRON),QRep Catalogs for A2J,CRJ,GMJ/ERJ,WFJ,PIJ,ARJ,
New Applications CXJ 19,784.00 2,951.00
Land/Parcel Management,Document Management Services,Payroll/Personnel,Planning&-
Zoning,Building Permits,Business Licenses,Code Enforcement,QRep Catalogs for
Existing Applications LXJ,DXJ,PRJ,PZJ,BPJ,OLJ,CEJ Included Included
3rd Party Applications QRep Administrator(I)and End User(4) Included Included
Optional Applications CitySoft Cemetary(No Support/Enhancements;Green Screen)' 1,000.00 25.00
Other Options CitySoft Products-Inquiry Only;No Support/Enhancements;Green Screen 2,000.00 200.00
Conversions CIS Conversion—Plan A,SCR#2002-205386 10,000.00
Subtotal- $ 32,784.00 3,176.00
went Sessions-Monthly Access Fees
Up to 10 Concurrent Sessions @ $500 per month. 500.00
5 $100 peruser 500.00
Total: Monthly Access Fee—Concurrent Sessions 4,176.00
Grand Total:1 $ 32,784.001 $ 4,176.00
*Start-Up Fee is based on use of HTE's Standard ASP Implementation Methodology.
3. Payment Terms:
Start-Up Fee: Due the earlier of Go-Live of the first Application or October 1,2003.
Monthly Access Fee: Due each month beginning on the first day of the first month after the first application Go-Live for the
upcoming month.
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.
Travel and living expenses actually incurred in prior months for which SunGard HTE is seeking
reimbursement,shall also be invoiced monthly.
Additional fees may apply for additional services. At Go-Live,HTE will apply all remaining amounts paid for maintenance on
CitySoft Products toward the Start-Up fee.
4. Terminated Programs: The parties hereby terminate Customer's license to use the CitySoft GL/Budget/Finance Reporting,
Account Payable, Fixed Assets, Cash Receipts, Payroll/Personnel, Purchasing,Utility Billing/Name & Address dbase, ITRON
Handheld Meter Reader, Work Orders, Project Costing, Equipment Maintenance, Custom Menu &Report System, Third Party:
GUI Client/Servver-40 concurrent sessions, 3 Cognos Data Dictionaries (community development, financial, utilities) licensed
by means of Supplement DANI-9900419, dated July 23, 1999 (Supplement DANI-9900419), shall be terminated (Terminated
Programs). Also included in the Terminated Programs shall be Customer's license to use the SunGard HTE licensed programs:
BLlilding Permits, Business License,Code Enforcement, Planning&Zoning,Land/Parcel Management and CitySoft Cemetery.
ASP:',errr;n nt:Schedule A-Order Form DANI-20030321-1-ASP Order Form.doc
May 5,2003
Each party hereby releases, acquits and discharges the other party of and from any and all claims, debts, demands, rights of
® indemnification, and causes of action of whatsoever nature, whether in contract or otherwise, whether arising under or by virtue
of any statute or regulation, whether known or unknown, suspect or unsuspected, or whether having arisen or hereafter to arise
for any losses or damages of which have accrued or may ever hereafter accrue to the other party, arising out of or on account of
the Terminated Programs.
5. CitySoft Cemetery Application: Support services on the Optional CitySoft Application "Cemetery" licensed by means of
Supplement DANI-9900419 currently exists and is paid through September 30, 2003. Subsequent terms of support will be for
twelve (12) month periods. Notwithstanding SunGard HTE's discontinuance of support services on the Cemetery Application,
the parties agree that Customer will continue use of the Cemetery Application. While d-ITE will continue to support this
Application (so long as Customer exercises the option to pay the Monthly Access Fee), SunGard HTE will not be updating or
enhancing this Application.
6. CitySoft Products Inquiry: SunGard HTE agrees to provide Customer with access to the Green Screen version of the CitySoft
Terminated Programs for inquiry purposes only provided Customer pays the Monthly Access Fees for the inquiry. There shall
be no updates,modifications, or enhancements made to these Terminated Programs.
This Schedule A-Order Form is entered into under the terms and conditions of the SunGard HTE Inc.Application Service
Provider Agreement between the parties. The attached Standards Sheet is applicable to the services ordered above.
CITY OF DANIA BEACH,FU SUNGARD HTE INC.
onzed Signature Authorized Signature
IVAN PATIO, CITY 14ANAC-ER Ronald E. Goodrow,Executive Vice President
Print Name&Title Print Name&Title
t/ r2 6 May 6,2003
Date Order Date
ASP Agreement,Schedule A-Order Form DANI-2003032I-I-ASP Order Form.doc
VJ r 012501.2 May 5,2003
SunGard HTE Inc.Application Service Provider Agreement
Standards Sheet
(Attachment to Schedule A-Order Form)
System Availability
The scheduled hours of availability for the Host Computer Systems are as follows(Customer local time):
Days Scheduled Availability
Monday-Friday 24.hours
Saturday 24 hours(unless otherwise notified)
Sunday Reserved for system maintenance,upgrades,-etc.
Holidays(falling on Monday-Friday) 24 hours(unless otherwise notified)
Night Processing
Specified processor intensive jobs,as determined by SunGard HTE,shall be run during the night processing time frame(I a.m.to 5 a.m.).
Examples of these jobs include Utility Bill generation and Tax Notice generation.
System Backups
Daily System Backups
Daily data backups will begin at I a.m.(Customer local time)Monday through Friday. All Customer data,system configurations,
security data,Customer folders,and other necessary Customer data shall be saved as necessary.
Weekly System Backups
Weekly system backups will begin at I a.m.(Customer local time)on a day appropriate to the week being backed up. At this time a
full system backup will be performed. This will include all system programs,Customer data,system configurations,and security
data.
• System backups will be rotated to an off-site storage facility.
Restores
Individual Customer restores will be performed on an as needed basis taking into consideration,both Customer and Host Computer
Systems functionality,availability,and necessity.
System Administration
SunGard HTE will provide for system administration of the Host Computer Systems(including the host iSeries 400 system and associated
host site hardware and communications infrastructure),including but not limited to:
System Monitoring
The Host Computer Systems will be monitored on a 24-hour basis through the'use of automated monitoring software and/or
hardware as select by SunGard HTE. System operations to be monitored include:
• Subsystems-to ensure they are active,operational,and without pending errors messages.
• Job queues-to ensure they are active,operational,and attached to the correct subsystems.
• Critical system messages-Monitoring for hardware errors,system functionality errors,operating system errors,system
integrity errors,etc.
• System and Network Information-Samples of system and network information to be monitored include:
• DASD(Disk storage),
o Total utilization
o RAID protection
® o Drive failures
o Disk drive error rates
• CPU Utilization,
• Total number of jobs in the system,
• Interactive response time,
Page i DANI-20030321-ASP Standards.doc
• Communication line availability,
• Internet Connectivity from the Host Computer Systems to the Internet,
• Memory pool faults,
® • Security violation attempts,
• System service starts and ends,
• Backup completion,
• UPS monitoring,and
• Other pertinent system information as determined by SunGard HTE.
System Maintenance
SunGard HTE will provide all necessary Host Computer Systems and network maintenance as deemed appropriate and necessary
by the System Administrator and/or associated staff. ("System Administrator"is the individual designated by SunGard HTE who is
responsible for the operation of the Host Computer Systems.) Appropriate and necessary maintenance shall be determined through
the use of standard iSeries 400and network monitoring and performance analysis tools.
Program Temporary Fixes(PTF's)
IBM licensed program fixes and upgrades,including cumulative PTF's,shall be applied to the host iSeries 400 system as required
to maintain operating functionality and currency. These PTF's will be temporarily applied until their effectiveness is determined.
All non-emergency IBM PTF applications will be performed outside of normal business hours.
Emergency situations will be handled on a case-by-case basis in such a manner as to provide the least possible disruption to overall
system operations and availability without negatively affecting system stability and integrity.
The primary Customer contact will be notified,via the on file e-mail address,prior to IBM PTF installation and application.
Hardware Maintenance and Upgrades
Hardware maintenance and upgrades will be performed outside of standard business hours whenever possible.
Emergency situations will be handled on a case-by-case basis in such a manner as to cause the least possible disruption to overall
• system operations and availability without negatively affecting system stability and integrity.
The primary Customer contact will be notified,when possible,via the on file e-mail address,prior to hardware upgrades being
performed.
Software Upgrades
Software maintenance and upgrades will be performed outside of standard business hours whenever possible.
Emergency situations will be handled on a case-by-case basis in such a manner as to provide the least possible disruption to overall
system operations and availability without negatively affecting system stability and integrity.
The primary Customer contact will be notified,via the on file e-mail address,prior to any software upgrades and/or software
changes being made.
System Security(Logical)
System security values will be set to provide for system integrity and data security as deemed appropriate by SunGard HTE. This
will include such items as password length and makeup,change intervals,system security level,etc.
User profiles,with all object authority,will be limited to the standard system security profile and the System Administrator profile.
Sign-on information for these two profiles will be secured with the Director of SunGard HTE or his designee and the System
Administrator.
Customer user profiles will only have access to appropriate Customer data.
Security auditing will be enacted to provide for the ability to audit security violations,changes,etc.,with periodic system security
reviews conducted by SunGard HTE.
Host site security will include implementation of an industry standard firewall,secure sockets layer,virtual private networks,IP
® address translation,and/or a combination thereof.
Hardware Requirements
The following are minimum hardware requirements to enable Castomer to access the host site iSeries 400 system. These requirements do
not take into account any local any network configuration or requirements,which are the responsibility of Customer.
Page 2 DANI-20030321-ASP Standards.doc
Personal Computers:
• IBM-compatible personal computer with a recommended minimum configuration of-
0 Pentium 233MHz or higher with Microsoft Intemet Explorer 5.5 or above and Microsoft Virtual Machine installed.
® 0 64Mb RAM—minimum, 128 recommended.
0 2 GB available disk space per PC.
0 Internet connectivity as described in connectivity standards.
Printers:
• PC attached printers-
0 Windows certified compatible IBM,HP,or Lexmark laser printer.
• Network printers-
o IBM,HP,or Lexmark laser printers with TCP/IP addressable Ethernet print server.
• Other printers will be evaluated on a case-by-case basis for compatibility with standard IBM Client Access,SunGard HTE GUI,
and application software.
Recommended Customer Connectivity:
• Internet access accounts provided by Customer selected ISP,with static TCIP address or T-1.
• 64K or higher dedicated Internet connectivity(responsiveness is directly affected by connectivity selected). Dial up connections
will provide extremely limited performance and may not be acceptable to the end user.
• At least one PC with analog modem(for backup connectivity).
Host Site Performance Targets
Performance monitoring and tuning will be performed as necessary to maintain an average iSeries 400 system interactive response time of
2.0 seconds or less when measured over a 1-hour period during normal business hours.
iSeries 400 performance monitoring will be conducted on an as needed basis. Monitoring shall be done during(no less than)four
randomly selected one-hour periods within each calendar month. A summary of the performance statistics shall be made available for
Customer review upon Customer request.
SunGard HTE is not responsible for Internet connectivity and/or performance outside the internal SunGard HTE host site infrastructure.
Standard Application Support
SunGard HTE provides Standard Application Support 24hours a day,365 days per year.
Application software upgrades will occur from time to time. Customers will be informed of these upgrades including documentation.
Customers will be provided a toll-free support line and Intemet email address for accessing support services.
Customers will be provided standard application documentation.
System Hardware Support
Host site technical hardware and host operating system support shall be provided 24hours a day,365 days per year. This includes support
for technical issues related to Host Computer Systems access,hardware operations,and Host Computer Systems functionality.
SunGard HTE is not responsible for Customer hardware,Intemet access,and/or connectivity issues. SunGard HTE will provide guidance
to Customer in obtaining technical support for on-site hardware and connectivity issues.
Start-Up Services
Implementation SunGard HTE will work with Customer to provide a detailed implementation and Training schedule.
Page 3 DANI-20030321-ASP Standards.doc
_ Agenda Request Form
City of Dania Beach
Agenda (tern. • -a
Date of Commission meeting: 5/13/2003
Description of Agenda item: Enter into an"Application Service Provider" agreement with HTE.
Commission action being requested:
Adopt Resolution or Ordinance ❑ Expenditure ❑ Award BID/RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting
`�S�ummary�expla�nat(on�andbackground 3���,�,�, r 2, y , 5
The City is in the process of converting from CitySoft to HTE versions and is targeting for October 1,
2003 as the"go live"date. However, before this conversion can be completed the City has to decide
whether to utilize the Application Service Provider. The I.S. Manager is in full support of this
service and Finance has performed a financial analysis which indicated that it is cost effective. Finance
has also negotiated a five year contract instead of a three year contract as proposed by H.T.E.
�Attachedexhrbrts andadd�t�onal backupmaterralsy(Please Irst)
" sa
Staff memo, Finance Analysis
Resolution
Letter from H.T.E. and Agreement(hard copy)
For purchasing requests ONLY
Department: Amount:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Account Name: Account Number:
Submitted by. Patricia Varney Date: 5/2/2003
Department Director.- Date:
Admin. Services Director- Date:
Finance Director. Patricia Varney Date: 5/2/2003
City Manager- Ivan Pato Date: 5/7/2003
CITY OF DANIA BEACH
MEMORANDUM
Date: April 23, 2003
To: Pat Varney, Finance Director
Bonnie Temchuk
From: Vern Johnson, I.S. Manager
Subj: Recommendation for Application Service Provider
The City of Dania, in 1999, purchased an IBM mini-computer to host its
financial, payroll, community development and utility billing programs which were
purchased from HTE. At that time this was the only architecture available to run
the programs and store our data. This system was costly to purchase and
expensive to maintain.
As has been discussed, HTE has decided to sunset the CitySoft line of
software and offered to replace it with the full HTE versions at no cost, other than
conversion and training fees. They have now offered a new service technology
where they become our 'Application Service Provider' orASP. The function of the
ASP is to house our software and data on their servers and provide access
through the Internet or other telecommunication platform. This approach would
provide some valuable functional resources and substantial cost savings over
time. Some of these benefits are listed as follows.
® No maintenance costs for software. Included as part of the ASP service.
($54,000)
a All software updates and upgrades are performed by HTE. Included as
part of the ASP service. (32-40 man hours per year)
• Elimination of third party disaster recovery services. Included as part of the
ASP service. ($18,000)
® Backup and restore will be performed by HTE as part of the ASP services.
(Personnel time and digital data tapes — 150 man hours and $1,100 per
year)
• Elimination of in-house hardware/software maintenance. ($6,500 per year)
In-house costs after leveling is approximately $87,000 versus approximately
$48,000 utilizing HTE's ASP services.
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Helping Government Work Better.-
GOVERNMENT SOFTWARE _
1000 Business Center Dr.,Lake Mary,Florida 32746 407-304-3235 www.hteinc.com
April 17, 2003
City of Dania Beach
ATTN: Patty Varney, Finance Director
100 West Dania Beach Blvd.
Dania, FL. 33004
Dear Ms. Varney:
As we discussed on the phone, our typical migration process for going from CitySoft to
HTE in the ASP environment is as follows:
1) We will conduct a kickoff meeting either remotely or onsite. At this meeting, we
will discuss the implementation tasks and develop a preliminary timeline that will
meet your needs (an October 1st go live).
2) We will also distribute questionnaires at this meeting, which will need to be
completed by City personnel. Once completed we will schedule conference calls
with our Application Specialists who will be setting up your system to discuss the
• questionnaires.
3) The Application Specialists will then set up the majority of your system remotely,
and then come onsite (typically for a week) to train you on how to use the
applications.
4) At that point you will have the opportunity to test and play with the system and
then schedule the go live, for which we will also provide onsite support.
These services mentioned above are at no additional charge to the City (they are covered
in the startup and monthly fees) with the exception of reasonable Travel and Living
expenses incurred while onsite. These expenses will be billed separately as incurred.
Please let me know if you have any further questions or concerns. I look forward to
starting this project with the City of Dania Beach!
Regards,
Grant Harbin
Director of Professional Services
•