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Home My WebLink AboutPR 19147: SUNGARD SUPPLEMENT AGREEMENT P.R. NO. 19147 FY 10/6/2015 RESOLUTION NO. A RESOLUTION AUTHORIZING A THREE YEAR SUPPLEMENT TO THE APPLICATION SERVICES PROVIDER AGREEMENT WITH SUNGARD PUBLIC SECTOR INC. FINANCE ACCOUNT NO. 001-1034- 515-54.00 WHEREAS, per Resolution No. 10-440, the City of Port Arthur entered into a five (5) year application services provider (ASP) contract with SunGard Public Sector Inc. for the hosting of application software for reporting, online payments, payroll, accounting, utility billing, purchasing, code enforcement and other central system functions; and WHEREAS, per Resolution No. 11-154, a supplement was authorized to the contract for software to provide internet access to utility billing account information; and WHEREAS, per Resolution No. 14-214, an additional supplement to the contract was authorized to add Click2Gov employee self-service; and WHEREAS, the City has maintained an ongoing contract with the company to provide application services; and WHEREAS, the application services provider agreement with SunGard Public Sector Inc. ended on September 30, 2015; and WHEREAS, SunGard Public Sector Inc. can provide a three year supplement agreement to provide service for a period of three years with an option to cancel by providing written notice one-hundred-eighty days prior to annual renewal date; and WHEREAS, this application service provider supplement agreement will automatically renew each year, unless terminated by either party; and WHEREAS, the supplement agreement is for annual amounts of $120,000.00 for year one, $123,600.00 for year two, and $127,308.00 for year three; and WHEREAS, this procurement is exempt from bidding under Section 252.022 (a) (7) of the Texas Local Government Code as an item that is available from only one source; and WHEREAS, the City Council deems it is in the best interest of the City to accept the supplement agreement with SunGard Public Sector Inc., to provide hosted services for the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. P.R. NO. 19147 FY 10/6/2015 Section 2. That, the City Council hereby authorizes a three year supplement agreement with SunGard Public Sector Inc., for the hosting of application software for reporting, online payments, payroll, accounting, utility billing, purchasing, code enforcement, employee self-service and Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of October, A.D. 2015 at a regular meeting of the City of Port Arthur, Texas by the following vote: Ayes: Mayor: Councilmembers: Noes: Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: , grai J4-4 Val Tizeno, Cit Attorney P.R. NO. 19147 FY 10/6/2015 APPROVED FOR ADMINISTRATION: Brian McDougal Clift n Williams City Manager Acting Purchasing Manager Fay Yng Information Technology Manager APPROVED AS TO AVAILABILITY OF FUNDS: Jerry Dale, Interim Director of Finance DocuSign Envelope ID:E9461773-7231-4C2A-815D-FAE763DOCF6C SUNGARD° PUBLIC SECTOR Supplement to the SunGard Public Sector Inc. Application Service Provider Agreement Schedule A - Order Form This Schedule A-Order Form is entered into under the terms and conditions of the SunGard Public Sector Inc. Application Service Provider Agreement dated October 6, 2010 (Agreement), between SunGard Public Sector Inc. (SunGard Public Sector) and City of Port Arthur, TX(Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Agreement Number: 2164LG-150710-1 Customer: City of Port Arthur,TX Delivery Address: P.O. Box 1089 Port Arthur, TX 77641 1. Commencement Date: October 1, 2015 2. Term: The initial Application Services Term begins upon Commencement Date and expires thirty-six(36) months thereafter. Thereafter, the Application Services Term will automatically renew for consecutive one(1)year periods, unless terminated by either party by providing written notice one-hundred eighty days (180) days prior to the upcoming Application Services Term annual renewal date. 3. Application Groups: Annual Access Fees Applications and/or Services Professional Annual Access Services Fee Renewal Services PTAR 100764 Existing Products GMBA with Extended Reporting-(GM),Payroll Personnel-(PR),Purchasing/Inventory-(PI), Included in Annual $120,000.00 (Currently Licensed) Accounts Receivable-(NR),Cash Receipts-(CR),Fleet Management-(FM),Work Orders/ Access Fee Facilities Management-(WF),Contact Management-(CZ),Customer Information System s- (CX),Land/Parcel Management-(LX),Building Permits-(BP),Occupational Licenses- (OL),Code Enforcement-(CE),Planning&Engineering-(PZ),QRep Catalogs:GM,PR,PI, MR,CR,FA FM,WF,CZ,CX LX BP,OL,CE,PZ,PC,AT-(CJ),Applicant Tracking-(AT), Assset Management II-(A2),QRep Catalog-Click2Gov-(CJ),SunGard Transaction Managers-(KT),Procurement Card Tracking-(PC),Imaging Interface Financials-(IE), Procurement Card-(PC) Existing Products Click2Gov Core Module-(K1),Click2Gov CIS-(K2),Click2GovEmployee Self Service-(K1) Included in (Currently Licensed) N/A Annual Access Fee Third Party Products ACOM-(AO),ACOM-EZPayManager Laser Checks Module,EZeDocs Laser Forms Included in Module-(AO)Cognos Adm in-(1)-(CG(,Cognos End User-(10 Seats)-(CG) N/A Annual Access Fee New Products Edge User Interface-(UN) Included in Annual Included in Access Fee Annual Access Fee New Third Party Products Edge-(UL) Included in Annual Included in Access Fee Annual Access Fee Professional Services Project Management-$1,280 Included in Annual Install/Tech-$1,400 Access Fee Third Party Professional Services Project Management-$1,280 Included in Annual Install/Tech-$1,400 Access Fee Retrofit Maintenance 19 billable objects Included in N/A Annual Access Fee Hardware Allocation VPN Concentrator Option to include management and configuration VPN tunnel, Included in Click2Gov Hardware and software(Production&Test)will be hosted and managed by N/A Annual Access SunGard Public Sector. Fee Services Setup,Implementation, HELP Card,Disaster Recovery Plan for SunGard Public Sector Included in applications,ASP Service Bureau N/A Annual Access Fee Concurrent Sessions 10 Users Included in N/A Annual Access Fee Total Proposed System:_ S - 1120,000.00 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. SunGard Public Sector ASP Agreement Rev. 1.01.10 Page 1 of 3 9/16/2015 DocuSign Envelope ID:E94B1773-7231-4C2A-815D-FAE763DOCF6C SUNGARD' PUBLIC SECTOR *Number of Concurrent Sessions listed above used in the calculation for the Monthly Access Fees. Changes to the number of Concurrent Sessions may impact the Monthly Access Fee. 4. Payment Terms: Annual Access Fee: The initial Annual Access Fee will be due October 1, 2015. Subsequent Annual Access Fees will be due on the first of September for each year thereafter at the rates listed below. October 1, 2015$120,000.00; October 1, 2016$123,600.00; October 1, 2017$127,308.00; Following the initial term, Services will be provided on a year-to-year basis provided the Customer exercises the option and pays the then current Monthly Access Fee. 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 SunGard Public Sector Corporate Travel and Expense Reimbursement Policy. Travel and living expenses actually incurred in prior months for which SunGard Public Sector is seeking reimbursement, shall also be invoiced monthly. Notes: 1 Monthly Access Fees listed above are for the Applications and Services listed in this Schedule A-Order Form only. 2 Following the execution of this Schedule A-Order Form, any new Modification Retrofits provided by SunGard Public Sector will be added to the next annual renewal period, pursuant to Section 5 below. 3 Customer may cancel any single application listed above by providing a thirty day(30)written notice. 5. Terminated Products. The parties hereby terminate Customer's license to use the following: ASP Document Management Services (DX), One Point Core (KL) and five(5) ()rep End User License(CG). 6. Modification Retrofits. For each non-standard Application in library HTEMOD that was written by SunGard Public Sector or any Application that has had custom modifications performed by SunGard Public Sector at the Customer's request, SunGard Public Sector will perform all necessary programming to ensure that the program is compatible with each new software release, version, or program temporary fix made available by SunGard Public Sector. Fees for Modification Retrofits to be maintained are determined on an annual basis. This determination is based upon the number of modified objects prior to the beginning of each annualized ASP Term multiplied by the then current rate charged per object. 7. Hardware. Customer is responsible for providing the DMS server. The DMS server is owned by Customer and shall reside at Customers site for ease of management. The Click2Gov Server shall reside at a SunGard Public Sector data center. The Click2Gov Server is owned by SunGard Public Sector and is not the property of the Customer. The VPN Concentrator Option includes a router,which will be provided by SunGard Public Sector to Customer. The router is, and shall remain, the property of SunGard Public Sector. SunGard Public Sector ASP Agreement Rev. 1.01.10 Page 2 of 3 9/16/2015 DocuSign Envelope ID: E94B1773-7231-4C2A-815D-FAE763DOCF6C SUNGARD"PUBLIC SECTOR 8. Third Party Products -Software and Hardware: 8.1 Grant of Third Party Licenses. Where applicable, SunGard Public Sector grants to Customer a personal, non-transferable, non-exclusive, limited-scope sublicense to use, in accordance with the license, use and confidentiality restrictions and other provisions of this Agreement, the third party software set forth on Schedule A ("Third Party Software Products") subject to the following additional conditions: (i) the Third Party Product shall be used only in conjunction with any permissible use of the Application software specifically authorized hereunder, and (ii) the Third Party Products shall be used only in accordance with the Third Party Products documentation. 8.2 Third Party Products. During the term of this Agreement, SunGard shall use reasonable efforts to provide Customer the benefit of all indemnities and warranties granted to SunGard Public Sector by the licensor(s) or manufacturer(s) of the Third Party Products, to the extent possible without additional cost to SunGard Public Sector, as and if permitted by SunGard Public Sector's agreement with the licensor of the Third Party Products, and to the extent such warranties and indemnities pertain to Customer's use of the Third Party Products hereunder. In the event of any defect in any Third Party Products supplied by SunGard Public Sector, SunGard Public Sector will use commercially reasonable efforts to replace or correct the Third Party Products without charge, unless it has been damaged or corrupted after supply by SunGard Public Sector (including, but not limited to, damage caused by incorrect use, incorrect voltage or attempts to modify the Software or Third Party Products). If such damage or corruption has occurred after supply by SunGard Public Sector, SunGard Public Sector reserves the right to refuse to replace or correct the Third Party Products or to impose charges for so doing. Provided that SunGard Public Sector complies with this provision, it shall face no further liability with respect to any defect in any Third Party Products. 9. Deconversion Assistance. If after any termination or expiration of this Agreement Customer converts to a different vendor's applications, SunGard Public Sector will provide, upon payment of SunGard Public Sector's then-current standard deconversion fee, reasonable assistance and documentation for such deconversion in order to assist Customer in removing its information and placing said information in SunGard Public Sector's standard format for input to the other vendor's applications. In the event Customer requests a non-standard deconversion, SunGard Public Sector 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 Public Sector for such services. City of Port Arthur, TX Sun oPubliey,Sector Inc. l iS 6Ottstal, BY: BY: 02.0,20e2.o.B^ PRINTED NAME: PRINTED NAME: Chris Coleman PRINTED TITLE: PRINTED TITLE: vice President & CFO 9/16/2015 DATE SIGNED: DATE SIGNED: SunGard Public Sector ASP Agreement Rev. 1.01.10 Page 3 of 3 9/16/2015