Amended Item 8IAgenda Item:
Submitted by:
Date:
Strategic Plan Link:
Background
STAFF REPORT
City of Atlantic Beach
Commission Meeting
Contract for the SunGard One Solution Application
Keith Randich, IT Director
December 23, 2013
N/A
AMENDED AGENDA ITEM# 81
JANUARY 13, 2014
A project was approved for fiscal years 2013-2017 to upgrade the City's enterprise software
application, SunGard's HTE, with a new application from SunGard, One Solution.
The existing HTE application is a mainframe product that has been in use in the City for 30 years.
One Solution is a Windows-based product that offers improved flexibility and capability. HTE
presents data in a textual format, while One Solution uses graphics, images, and GIS mapping. One
Solution allows employees that are remote from their office to access the application from their
vehicles or from a handheld device. It also offers extended report-writing capability.
This contract covers the second step of a four-part project. The first step was the movement of the
HTE environment from an in-house mainframe computer to the SunGard data center in March 2013.
This step is the conversion of the City's Community applications (Building, Planning and Zoning,
Occupational License, and Code Enforcement) to the new One Solution software. In subsequent
years, the City will convert their Financial applications (Accounting, Purchasing, Payroll, HR), and
finally, their Utility Billing application. This project has been reviewed with the Commission at the
past two Strategic Planning sessions, as well as the past two City Budget reviews.
The IT budget for this fiscal year includes an amount of $140,725 for the one-time capital expenditure
associated with this project, and $76,000 in monthly maintenance fees.
Recommendation
To approve and authorize the City Manager to sign a contract with SunGard for the One Solution
Community application as attached.
Budget
$140,725 (Capital) and $76,000 (Operating Expense)
Attachment: SunGard One Solution contract
Reviewed by City Manager: _-~-"--~--'/?-"-,_u;;___;:;_~-'--"-"-6-~"'--~"""-::......:=.-""--------
APPLICATION SERVICES PROVIDER AGREEMENT
AMENDED AGENDA ITEM# 81
JANUARY 13, 2014
This Application Services Provider Agreement ("Agreement") is made between SunGard Public Sector Inc.,
("SunGard Public Sector") a Florida corporation with a business address at 1000 Business Center Drive,
Lake Mary, FL 32746 and City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, FL 32233,
("Customer") as of the Execution Date.
Customer desires to engage SunGard Public Sector to provide Customer with access to and use of certain
SunGard Public Sector-provided Software on an application services provider basis. Accordingly, the
parties agree as follows:
1. Defined Terms.
"Additional Functionality" means changes that SunGard Public Sector makes for inclusion in a General
Release Module to increase the functionality of the General Release Module.
"Appendix" means each schedule that is attached to this Agreement that is marked as an "Appendix."
Appendices are incorporated herein and are lettered sequentially, beginning with "Appendix A" and
continuing thereafter.
"Application(s)" means the software system(s) to which Customer has requested access and paid therefor,
listed on Appendix A -Order Form, including, but not limited to, all computer programs and related
documentation, and any modifications thereto.
"Application Services" means the services and Software utilization and access rights to be provided to
Customer by SunGard Public Sector under this Agreement.
"Application Services Term" means the period identified in Section 9 of this agreement as "Term and
Termination," and during which Customer will have the right to access the Software.
"Commencement Date" is defined in Appendix A, and Is the date on which the Term commences and the
date upon which Customer will begin to pay Application Services fees to SunGard Public Sector.
"Concurrent Sessions" means any person accessing SunGard Public Sector's hosted environment.
"Confidential Information" means non-public information of a party to this Agreement. Confidential
Information of SunGard Public Sector includes the Software and algorithms, methods, techniques and
processes revealed by the Software. Confidential Information does not include information that: (I) is or
becomes known to the public without fault or breach of the Receiving Party; (il) the Disclosing Party
regularly discloses to third parties without restriction on disclosure; or (iii) the Receiving Party obtains from a
third party without restriction on disclosure and without breach of a non-disclosure obligation.
"Customer Employees" means: (i) Customer's employees with a need to know; and (il) third party
consultants engaged by Customer who have a need to know, who have been pre-approved by SunGard
Public Sector, and who, prior to obtaining access to the Software, have executed a SunGard Public Sector-
approved non-disclosure agreement.
"Disclosing Party" means the party providing its Confidential Information to the Receiving Party.
"Documented Defect" means a material deviation between the General Release Module and Its
documentation, for which Documented Defect SunGard Public Sector has confirmed that Customer has
given SunGard Public Sector enough Information for SunGard Public Sector to replicate the deviation on a
computer configuration which is both comparable to the Hardware and is under SunGard Public Sector's
control.
"Execution Date" means the latest date shown on the signature page of this Agreement.
"General Release" means the general release version of a Module as updated by Upgrades, but without any
other modification whatsoever.
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"IP Rights" means all patents, patent rights, patent applications, copyrights, copyright registrations, trade
secrets, trademarks and service marks and Confidential Information.
"Maintenance" means SunGard Public Sector's efforts· to provide Customer with avoidance procedures for
or corrections of Documented Defects. The hours during which Maintenance will be provided for each
Application, the targeted response times for certain defined categories of Maintenance calls for each
Application, and other details and procedures (collectively, the "Maintenance Standards") relating to the
provision of Maintenance for each Application is described in attached Appendix C.
"Module" means any one of the Applications identified in Appendix A, excluding Third Party Products, as
well as all code and related specifications, documentation, technical information and all IP Rights for such
Application.
"New Releases" means new editions of a General Release Module.
"Notification" means a communication to SunGard Public Sector's help desk by means of: (i) SunGard
Public Sector's web helpline; (ii) the placement of a telephone call; or (iii) the sending of an e-mail, in each
case, in accordance with SunGard Public Sector's then-current policies and procedures for submitting such
communications.
"Object Code" means computer programs assembled, compiled, or converted to magnetic or electronic
binary form on software media, which are readable and usable by computer equipment.
"Order Form" means an attachment to this Agreement, which is a supplement to this Agreement for all
purposes. Unless otherwise stated in any Order Form, all terms and conditions stated in this Agreement
shall remain in effect.
"Receiving Party" means the party receiving Confidential Information of the Disclosing Party.
"Software" means the Modules listed in Appendix A-Order Form.
"Start-Up Assistance" means SunGard Public Sector's efforts in getting the hosted environment ready for
the functional implementation of the Application Services. Such Start-Up Assistance may include, but shall
not be limited to, hardware acquisition and setup, user setup, and global security setup.
"Upgrades" means, collectively, Maintenance, Additional Functionality and New Releases.
2. Application Services, Generally. During the Application Services Term, SunGard Public Sector will
provide Customer with the Application Services generally described in this Section 2 and in Section 3
hereunder, including the right to access to the Applications, on the terms and conditions of this Agreement.
Application Services include the grant by SunGard Public Sector to Customer of a non-exclusive, non-
transferable license to access and use the Software in Object Code form within the United States of
America for Customer's own, non-commercial computing operations (subject to any Concurrent User
limitations provided for in Appendix A), while such Object Code resides in and is executed from a SunGard
Public Sector datacenter. Any rights not expressly granted in this Agreement are expressly reserved.
a) Documentation. Customer can make a reasonable number of copies of the documentation
for each Module for its use in accordance with the terms of this Agreement.
b) Restrictions on Use of the Software. Customer is prohibited from causing or permitting the
reverse engineering, disassembly or decompilation of the Software. Customer is prohibited from
using the Software to provide service bureau data processing services or to otherwise provide data
processing services to third parties. Customer will not allow the Software to be used by, or disclose
all or any part of the Software to, any person except Customer Employees. Without limiting the
foregoing, Customer is permitted to allow use of the input and/or output sensory displays of or from
the Software by third parties on a strict "need to know" basis, and such use will not be deemed a
non-permitted disclosure of the Software.
This Agreement is expressly made subject to any United States government and other applicable
laws, regulations, orders or other restrictions regarding export from the United States or another
country, and import into any country, of computer hardware, software, technical data or other items,
SunGard Public Sector ASP Agreement
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1061LG-130877-1 Atlantic Beach, FL ASP-SaaS Agreement
AMENDED AGENDA ITEM# 8I
JANUARY 13,2014
or derivatives of such hardware, software, technical data or other items. Customer will not allow the
Software, in whole or in part, to be exported outside of the United States of America, in any manner
or by any means. Customer is prohibited from removing or altering any of the IP Rights notice(s)
embedded in or that SunGard Public Sector otherwise provides with the Software. Customer must
reproduce the unaltered IP Rights notice(s) in any full or partial copies that Customer makes of the
Software.
c) Application Software Maintenance and Support Services. Maintenance Is available during
the SunGard Public Sector hours outlined in Appendix C.
3. Access rights, Improvements and Changes, Start"Up Assistance, Conversion Services.
SunGard Public Sector agrees to provide access to the Applications requested by Customer on Appendix A
-Order Form (or any supplemental or replacement Order Form(s)) for the number of terminals indicated so
long as Customer is current in its payment obligations hereunder. Information regarding access to the
Applications and related responsibilities for both parties under the Application Services is as provided in
Appendix B.
a) Improvements and Changes. SunGard Public Sector will Install upgrades, new software
releases and enhancements, error corrections, upgrades to third party operating system software,
and upgrades to hardware, as necessary, for the Host Computer Systems.
b) Start-Up Assistance. SunGard Public Sector will provide Start-Up Assistance to Customer
and Customer agrees to pay to SunGard Public Sector the Start-Up Fees as provided on Appendix
A -Order Form. Customer agrees to reimburse SunGard Public Sector for actual, reasonable
travel and living expenses incurred by or on behalf of SunGard Public Sector and its personnel In
furnishing the Start-Up Assistance. Any such travel and living expenses shall be billed by SunGard
Public Sector to Customer on a monthly basis and governed by the SunGard Public Sector Travel
Policy.
c) Optional Conversion Services. At Customer's option, SunGard Public Sector will provide
Conversion services. If Customer elects Conversion services, Customer shall provide data to
SunGard Public Sector in a compatible format acceptable to SunGard Public Sector, and on media
specified by SunGard Public Sector.
4. Fees, Payment and Taxes.
a) Payment.
i. Application Services Fees or "Access Fees". During the Application Services Term,
Customer will pay SunGard Public Sector the Application Services fees as specified In
Appendix A, Including but not limited to fees for access to the Applications ("Access Fees"), as
otherwise provided for in Appendix A. No more frequently than once per year, SunGard Public
Sector shall have the right to adjust the Application Services Fees. For the Term of this
Agreement only, any increase in Application Services fees shall be limited to no more than 5%
compared to the preceding year's fees. Time is of the essence with regard to Customer's
payment obligations pursuant to this Agreement.
ii. Travel and Living Expenses. Except as otherwise provided in Appendix A, Customer will
reimburse SunGard Public Sector for actual and reasonable, out-of-pocket travel and living
expenses that SunGard Public Sector incurs in providing Customer with on-site services under
this Agreement that are scheduled advance with Customer to be provided at Customer's
location. Such travel and living expenses will be invoiced on a monthly basis in arrears and will
be due within thirty (30) days from the date of invoice.
b) Taxes. Customer is responsible for paying all taxes (except for taxes based on SunGard
Public Sector's net income or capital stock) relating to this Agreement, the application services, the
Software, and any other services provided or payments made under this Agreement. Applicable tax
amounts (if any) are NOT included in the fees set forth in this Agreement. If Customer Is exempt
from the payment of any such taxes, Customer must provide SunGard Public Sector with a valid tax
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AMENDED AGENDA ITEM# 8I
JANUARY 13,2014
exemption certificate; otheiWise, absent proof of Customer's direct payment of such tax amounts to
the applicable taxing authority, SunGard Public Sector will invoice Customer for and Customer will
pay to SunGard Public Sector all such tax amounts.
c) Data Communications and Telephone Services. Customer shall pay for any data
communications services (internet or telephone services). If Customer requires special telephone
line configurations due to unique equipment or data requirements, SunGard Public Sector reserves
the right to charge for analysis and design of such special configurations.
d) Suspension of Service. If in any instance, Customer fails to pay to SunGard Public Sector
within thirty (30) days after SunGard Public Sector makes written demand therefor, and payment of
the amount in question is not the subject of a bona fide dispute, then, in addition to preserving its
rights to collect payment of the past-due amount and all accompanying late fees, and all other rights
and remedies that SunGard Public Sector may have at law or in equity, SunGard Public Sector
may, in its sole discretion and without further notice to Customer, suspend or reduce its
performance of the Application Services.
5. Confidential Information. Except as othe!Wise permitted under this Agreement, the Receiving Party
will not knowingly disclose to any third party, or make any use of the Disclosing Party's Confidential
Information. The Receiving Party will use at least the same standard of care to maintain the confidentiality
of the Disclosing Party's Confidential Information that it uses to maintain the confidentiality of its own
Confidential Information of equal importance. Except in connection with the Software and any software
provided with the Software, the non-disclosure and non-use obligations of this Agreement will remain in full
force with respect to each item of Confidential Information for a period of ten (10) years after Receiving
Party's receipt of that item. However, Customer's obligations to maintain the Software as confidential will
survive in perpetuity.
6. Credit Toward In-house Licensing. As used in this Paragraph 6, "In-house Licensing" means
procuring through SunGard Public Sector's standard license agreement, the right for Customer to run a
copy of the Applications that are owned by SunGard Public Sector for Customer's use only, on hardware
owned or leased by Customer at a facility which is owned or controlled by Customer. In the event Customer
desires to run the Applications owned by SunGard Public Sector in-house (and has not previously procured
a license for such in-house use), SunGard Public Sector will discount Customer's in-house licensing fees
for the Applications owned by SunGard Public Sector by an amount equal to one percent (1%) of the
licensing fees for each month Customer uses Application 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 Public
Sector's standard license agreement, and must have paid all fees required to be paid to SunGard Public
Sector. Maintenance and support services for the Applications that are owned by SunGard Public Sector
will be available to Customer (and are recommended by SunGard Public Sector) under the terms of
SunGard Public Sector's standard maintenance agreement.
7. Existing Products. For any products listed in Appendix A as "Existing Products" or "Currently
Licensed" (Licensed Programs) of which Customer has licensed under a previous agreement, Customer
shall retain the right to run a copy of the Licensed Program(s) on hardware owned or leased by Customer at
a facility which is owned or controlled by Customer. Customer acknowledges that should they run a copy of
the Licensed Program(s), maintenance services for said Licensed Program(s) will not be provided under
this Agreement. Should Customer desire to receive maintenance services they will be required to enter
into a separate software maintenance agreement with SunGard Public Sector.
8. Intellectual Property Indemnity by SunGard Public Sector. SunGard Public Sector will defend,
indemnify and hold Customer harmless from and against any loss, cost and expense that Customer incurs
because of a claim that use of a General Release Module infringes any United States copyright of others.
SunGard Public Sector's obligations under this indemnification are expressly conditioned on the following:
(i) Customer must promptly notify SunGard Public Sector of any such claim; (ii) Customer must in writing
grant SunGard Public Sector sole control of the defense of any such claim and of all negotiations for its
settlement or compromise (if Customer chooses to represent its own interests in any such action, Customer
may do so at its own expense, but such representation must not prejudice SunGard Public Sector's right to
SunGard Public Sector ASP Agreement
Rev. 5.8.12 Page 4 of 14
106ILG-l30877-I Atlantic Beach, FL ASP-SaaS Agreement
AMENDED AGENDA ITEM# 81
JANUARY 13,2014
control the defense of the claim and negotiate its settlement or compromise); (iii) Customer must cooperate
with SunGard Public Sector to facilitate the settlement or defense of the claim. If any Module is, or in
SunGard Public Sector's opinion is likely to become, the subject of a United States copyright infringement
claim, then SunGard Public Sector, at its sole option and expense, will either: (A) obtain for Customer the
right to continue using the Module under the terms of this Agreement; (B) replace the Module with products
that are substantially equivalent in function, or modify the Module so that it becomes non-infringing and
substantially equivalent in function; or (C) refund to Customer the annual Application Services fee payable
by Customer in the year that such claim or threatened claim arises. THE FOREGOING IS SUNGARD
PUBLIC SECTOR'S EXCLUSIVE OBLIGATION WITH RESPECT TO INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS.
9. Term and Termination.
a) Application Services Term. The initial Application Services Term is for a period as stated in
the Appendix A-Order Form. 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.
b) Right of Termination. A party has the right to terminate this Agreement if the other party
breaches a material provision of this Agreement. Either party has the right to terminate this
Agreement at any time while an event or condition giving rise to the right of termination exists. To
terminate this Agreement, the party seeking termination must give the other party notice that
describes the event or condition of termination in reasonable detail. From the date of its receipt of
that notice, the other party will have thirty (30) days to cure the breach to the reasonable satisfaction
of the party desiring termination. If the event or condition giving rise to the right of termination is not
cured within that period, this Agreement will automatically be deemed terminated at the end of that
period. However, notice to SunGard Public Sector of a suspected Documented Defect will not
constitute a notice of termination of this Agreement.
c) Effect of Expiration of Application Services Term or Termination of Agreement. Upon the
expiration of the Application Services Term, or upon any earlier termination of this Agreement by
either party, Customer's right to receive the Application Services and to use the Software as
otherwise provided for in this Agreement terminates. Any use of the Software after the Application
Services Term or after the termination of this Agreement is a violation of this Agreement, and
further, may subject the user to additional claims under applicable law, including without limitation
claims for violation of SunGard Public Sector's copyright interest in and to the Software.
d) 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.
e) Survival of Obligations. All obligations relating to non-use and non-disclosure of
Confidential Information and indemnity will survive termination of this Agreement.
f) Termination Without Prejudice to Other Rights and Remedies. Termination of this
Agreement will be without prejudice to the terminating party's other rights and remedies pursuant to
this Agreement.
10. Notices. All notices and other communications required or permitted under this Agreement must be
in writing and will be deemed given when: Delivered personally; sent by United States registered or certified
mail, return receipt requested; transmitted by facsimile confirmed by United States first class mail; or sent
by overnight courier. Notices must be sent to a party at its address shown on the first page of this
Agreement, or to such other place as the party may subsequently designate for its receipt of notices.
SunGard Public Sector ASP Agreement
Rev, 5.8.12 Page 5 of 14
106110-130877-1 Atlantic Beach, FL ASP-SaaS Agreement
AMENDED AGENDA ITEM# 81
JANUARY 13, 2014
11. Force Majeure. Neither party will be liable to the other for any failure or delay in performance under
this Agreement due to circumstances beyond its reasonable control, including Acts of God, acts of war,
accident, labor disruption, acts, omissions and defaults of third parties and official, governmental and
judicial action not the fault of the party failing or delaying in performance.
12. Assignment. Neither party may assign any of its rights or obligations under this Agreement, and any
attempt at such assignment will be void without the prior written consent of the other party. For purposes of
this Agreement, "assignment" will include use of the Software for benefit of any third party to a merger,
acquisition and/or other consolidation by, with or of Customer, including any new or surviving entity that
results from such merger, acquisition and/or other consolidation. However, the following will not be
considered "assignments" for purposes of this Agreement: SunGard Public Sector's assignment of this
Agreement or of any SunGard Public Sector rights under this Agreement to SunGard Public Sector's
successor by merger or consolidation or to any person or entity that acquires all or substantially all of its
capital stock or assets; and SunGard Public Sector's assignment of this Agreement to any person or entity
to which SunGard Public Sector transfers any of its rights in the Software.
13. No Waiver. A party's failure to enforce its rights with respect to any single or continuing breach of
this Agreement will not act as a waiver of the right of that party to later enforce any such rights or to enforce
any other or any subsequent breach.
14. Choice of Law; Severability. This Agreement will be governed by and construed under the laws of
the State of Florida, without reference to the choice of laws provisions thereof. If any provision of this
Agreement is illegal or unenforceable, it will be deemed stricken from the Agreement and the remaining
provisions of the Agreement will remain in full force and effect.
15. LIMITATIONS OF LIABILITY; DISCLAIMER OF WARRANTIES
a) LIMITED LIABILITY OF SUNGARD PUBLIC SECTOR.
EXCEPT FOR MATTERS WHICH RELATE TO SUNGARD PUBLIC SECTOR'S OBLIGATION TO
INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED
UNDER SECTION 8 OF THIS AGREEMENT, SUNGARD PUBLIC SECTOR'S LIABILITY IN
CONNECTION WITH THE APPLICATION SERVICES, THE SOFTWARE, ANY CONSULTING
SERVICES, OR ANY OTHER MATTER RELATING TO THIS AGREEMENT WILL NOT EXCEED
THE APPLICATION SERVICES FEES THAT CUSTOMER ACTUALLY PAID TO SUNGARD
PUBLIC SECTOR IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD.
b) EXCLUSION OF DAMAGES. REGARDLESS WHETHER ANY REMEDY SET FORTH
HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL
SUNGARD PUBLIC SECTOR BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR
NOT SUNGARD PUBLIC SECTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
c) DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS
AGREEMENT, SUNGARD PUBLIC SECTOR MAKES NO WARRANTIES WHATSOEVER,
EXPRESS OR IMPLIED, WITH REGARD TO THE APPLICATION SERVICES AND/OR THE
SOFTWARE, IN WHOLE OR IN PART. SUNGARD PUBLIC SECTOR EXPLICITLY DISCLAIMS
ALL WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
PURPOSE.
d) BASIS OF THE BARGAIN. CUSTOMER ACKNOWLEDGES THAT SUNGARD PUBLIC
SECTOR HAS SET ITS FEES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON
THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES
SET FORTH IN THIS AGREEMENT, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF
THE BARGAIN BETWEEN THE PARTIES.
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1061LG-130877-I Atlantic Beach, FL ASP-SaaS Agreement
AMENDED AGENDA ITEM# 81
JANUARY 13,2014
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 September 21, 2012 (Agreement), between SunGard
Public Sector Inc. (SunGard Public Sector) and City of Atlantic Beach, FL (Customer). Unless
otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect.
Customer Name: City of Atlantic Beach, FL Yes
I Initial Order Form
Agreement Number: 1061LG-130877-1 I Replacement Order Form
1. Commencement Date: February 1, 2014
2. Term: The initial Application Services Term begins upon Commencement Date and expires sixty (60)
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 A r r \pp11ca Jon G roups &F ees:
Applications and/or Services Professional Start-Up Fee Monthly
Services Access Fee
Replaces 121099·1 Agreement
New -ONESolutlon Products GovNOWCode Compliance-(OS-KO), GovNOW Business f>ccount N/A $ 10,000.00 $ 7,500.00
(Not Currently Licensed) Management-(OS-K6), GovNOWPennltllng-(OS·K3), GovNOWMap
f>ccess Fee(s)-(OS-KX), SunGard Transaction Manager-(OS·Kn.
ONESolution Central Billing-(OS-BILLING), ONESolution Desktop-
(OS-DESKTOP), ONESolutlon Common Features· (OS-COMN)
Migration· ONESolutlon Products ONESoluUon Permitting-(OS·BPMT), ONESoluUon Business Account NIA N/A Included In
(Currently Licensed) Management-(OS-BAM), ONESolution Land· (OS-LAND), Monthly Fee
ONESolutlon Code Compliance· (OS-CCMP), ONESolution SPSONE
Security-(OS-OSEC), ONESoluUon Cash Receipts· (OS-CRCPD
Professional Services Auditing, Configuration Mapping, Training, Workflow Development $ 57,720.00 N/A N/A
Professional Services Installation 8,160.00 N/A N/A
Professional Services Conversion 26,400.00 N/A NIA
Professional Services Project Management, 21,960.00 N/A N/A
ONESolution 3rd Party Products Global Core· (08-GCOREN\1), Community Core-(OS-N/A N/A Included In
GCORENII),GovNOWCore Module· (OS-K1), Cognos Bl: Base Bundle MonthiyFee
·(BICORE)
Professional Services 3rd Party Cognos B\: Onsite Training Package Bundle (MAX)-(COGNOS-TRJIJN-20,320.00 N/A N/A
Products MAX), Cog nos Bi: Mminstrator ONLY Online Training Package
(COGNOS-TRJIJN-JIJJMIN), installation, Project Management, Training
forGovNOW
ONESolution Hosting Services ONESolution Hardware Configuration and Setup, Disaster Recovery for N/A Included In Included in
BunGard Public Sector Applications for 1 Production and 1 Test Startup Fee Monthly Fee
accounl, \lPN de\ice with \lPN card forredundancy
Concurrent Sessions 10 Production, 10 Test N/A N/A Included In
Monthly Fee
Existing Hosted Navlllne Products Cash Receipts. (CR), Land/Parcel Management· (LX), Building N/A N/A Included In
Permits· (BP), Occupational Licenses-(OL), Customer information Monthly Fee
System • (CX), Document Management Sef\'lces-(DX), GMBAwilh
Extended Reporting-(GM), Purchaslngnnvenlory-(PI),
Payroll/Personnel-(PR), Fixed Assets. (FI\), Accounts Receivable.
(MR), Loans· (LN), CISNolce Response Interface· (1/2), Delinquency
Callout Listing Interface· (DL), Credit Card Interface· (CY), Code
Enforcement-(CE), Cash Receipts Lock Box interface (Creditron) • CA
Halcyon Spool File Mgr-HSF, QRep Calalogs: GM, PI, PR, CR, FA LX,
OL, CX, MR, LN, BP, CE-(CJ), Mdltional Payroll Library
Existing Hosted Naviline 3rd Party QRep Admin (1) ·(CG), QRep End User (5) • (CG), ACOM N/A N/A Included In
Products EZPayManager Laser Checks Module, EZDocs/400, Document Design MonlhlyFee
for AP Checks, Payroll Checks, Direct Deposit, and Purchase Orders,
ACOM PDF Converter
Mod Retrofit 12 Objects N/A N/A N/A
NaviLine Hosting Services 1 Na\iLine Hardware Hosting, Disaster Recovery for SunGard Public N/A N/A 2,000.00
Sector Applications, \lPN de \ice with \lPN card for redundancy
Total Proposed System: $ 134,560.00 $ 10,000.00 $ 9,500.00
Upon Go-Live of both Commumty ONESolut1on and Finance ONESolut1on the below Monthly Access Fees
will be reduced by the two-thousand ($2,000.00) dollars.
No
X
X
SunGard Public Sector ASP Agreement
Rev. 5.8.12
1061LG-130877-l Atlantic Beach, FL ASP-SaaS Agreement
Page 8 of 14
Application Groups & Fees Notes:
AMENDED AGENDA ITEM# 81
JANUARY 13,2014
1) Start-Up Fee is based on use of SunGard Public Sector's Standard ASP Implementation
Methodology.
2) 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.
The initial Monthly Access Fee will be due February 1, 2014. Subsequent Monthly Access Fees will be due
on the first of the month thereafter. Monthly Access Fees will be invoiced in advance on a monthly basis for
a term of sixty (60) months at the rates listed below.
Months 1 -12 $ 9,500.00 per month or $114,000.00 per year;
Months 13-24 $ 9,785.00 per month or $117,420.00 per year;
Months 25-36 $10,078.55 per month or $120,942.00 per year;
Months 37-48 $10,380.91 per month or $124,570.88 per year;
Months 49-60 $10,692.33 per month or $128,308.00 per year;
Monthly Access Fees for any Contract Year subsequent to the initial Application Services Term are subject
to change and will be specified by SunGard Public Sector in an annual invoice.
APPLICABLE TAXES ARE NOT INCLUDED IN THIS ORDER FORM, AND, IF APPLICABLE, WILL BE
ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE
CUSTOMER.
4. Payment Terms: The amounts noted above shall be payable as follows:
Start-Up Fee: 100% on the Execution Date.
Monthly Access Fee: Due in advance on a monthly basis. The initial Monthly Access Fee will be due as
stated above. Subsequent Monthly Access Fees will be due on the first of the month thereafter throughout
the Application Services Term.
Project Management: 1 00% on the Execution Date.
Professional Services Fees (includes Auditing, Configuration Mapping, Workflow Development, and
Training): On invoice, as incurred.
Installation Fees: 100% due upon completion.
Conversion Fees: 50% upon execution, 50% upon completion.
Third Party Products Professional Services Fee: 50% upon Execution, 50% upon completion.
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.
5. 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.
6. Third Party Software and Hardware. Unless otherwise provided for herein, warranty, modification
retrofit and maintenance offerings by SunGard Public Sector for its Licensed Program(s) do not apply to any
third party hardware or third party software supplied under this Supplement. SunGard Public Sector does
not make any warranties nor provide any source code for any non-SunGard Public Sector products unless
otherwise provided herein. The return and refund policy of each individual third party hardware or third party
software supplier shall prevail unless otherwise provided herein.
SunGard Public Sector ASP Agreement
Rev. 5.8.12 Page 9 of 14
1061LG-130877-1 Atlantic Beach, FL ASP-SaaS Agreement
AMENDED AGENDA ITEM# 8!
JANUARY 13,2014
3.2. Night Processing
Specified processor-intensive jobs, as determined by SunGard Public Sector Inc., may be required to be
run outside normal business hours to ensure that acceptable system performance standards are met.
3.3. System Maintenance
SunGard Public Sector Inc. will provide all necessary hosted Systems and network maintenance as
deemed appropriate and necessary by SunGard Public Sector Cloud Solutions.
3.4. SunGard Public Sector Application Maintenance and Upgrades
Software maintenance and upgrades will be performed outside of each customer's 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, when possible, via the on file e-mail address, prior to
software upgrades being performed.
3.4.1. SunGard Public Sector Inc. Applications
Upgrades and updates to SunGard Public Sector Inc. applications will be performed on scheduled
dates during the year.
3.5. Hardware Maintenance and Upgrades
Hardware maintenance and upgrades will be performed outside of each customer's 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.
3.6. System Security (Logical)
System security values will be set to provide for system integrity and data security as deemed appropriate
by SunGard Public Sector Inc. This will include such items as password length and makeup, change
intervals, system security level, etc.
Customer users 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 Public Sector Inc.
Datacenter security will include implementation of an industry standard firewall, secure sockets layer,
virtual private networks, Intrusion Prevention, IP address translation, and/or a combination thereof.
3.7. Authorized Third Party Software
SunGard Public Sector Inc. has partnered with a number of third party vendors for purposes such as time &
attendance, form printing, mapping, etc. Only authorized third party software will be supported in the hosted
environment.
4. System Requirements
The following are hardware specifications to enable the Customer to access the host systems. These
requirements are the responsibility of Customer.
4.1 Personal Computers
Each personal computer that will access the hosted environment should achieve the following hardware
specifications for access:
Supported Operating Systems
Microsoft Windows XP Professional SP3
SunGard Public Sector ASP Agreement
Rev. 5.8.12
106ILG-130877-l Atlantic Beach, FL ASP-SaaS Agreement
Page 11 of 14
• Microsoft Windows 7 (Business, Enterprise & Ultimate)
Processor:
Memory (RAM):
Storage:
Video:
Software:
Multi-Core x86 based CPU at 2.0GHz or faster
4 GB or Higher
15 GB for data plus 25% Free Space for 1/0 Performance
1024x768 XGA or higher resolution (adapter and monitor)
Microsoft Office 2007/2010
AMENDED AGENDA ITEM # 8!
JANUARY 13,2014
SunGard Public Sector does not provide 11Minimum" specifications for the ONESolution applications.
If a user desires to implement hardware that does not meet the specifications in this document they
can submit the hardware configuration to a SunGard Solutions Architect for review.
4.2 Customer Connectivity
• Internet bandwidth is determined by the customer. It is based on Saturation level: a combination of
connection speed, number of users on the system, size of files being accessed over the internet, etc.
• All LAN connections should be 100Mb/sec or faster and in a switched environment.
• Any WAN connections should be evaluated based on concurrent usage statistics. Please contact your
SunGard account representative before any WAN implementations.
• SunGard Public Sector will provide a pre-configured Cisco router to establish a site to site VPN
connection to the SunGard datacenter. The Customer is required to provide a technical resource to
install and successfully test the VPN connection during implementation.
• Cellular wireless connections are not supported.
4.3 Recommended Customer Hardware
An industry standard firewall used to protect the customer's internal network is required for connectivity into
the hosted network.
5. Host Site Performance
Performance monitoring and tuning will be performed as necessary to maintain an average In network interactive
response time. "In network" is defined as any point between which the data packet enters the SunGard Public
Sector Inc. environment and subsequently departs the SunGard Public Sector Inc. environment. Any point of
communications outside of the SunGard Public Sector Inc. protected network environment, shall be deemed as
"out of network."
SunGard Public Sector Inc. is not responsible for Internet connectivity and/or performance outside the internal
SunGard Public Sector Inc. host site infrastructure.
6. Standard Application Support
SunGard Public Sector Inc. provides standard Application Support Monday-Friday 5:00 am to 5:00 pm customer
local time.
The toll-free application support line is 1-888-0NE-SUPPORT or 1-888-663-7877.
7. Cloud Solutions Hosted 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 hosted Systems access, and hosted Systems
functionality.
SunGard Public Sector Inc. is not responsible for Customer hardware, non-SunGard Public Sector Inc. related
software, Internet access, and/or connectivity issues. SunGard Public Sector Inc. will provide guidance to
Customer in obtaining technical support for on-site hardware and connectivity issues.
The toll-free Cloud Solutions support line is 1-888-0NE-SUPPORT or 1-888-663-7877, options 4 and 2.
8. Audit Reporting
SunGard Public Sector Cloud Solutions will provide the Customer a copy of its current Audit Report/Statement
upon request.
SunGard Public Sector Cloud Solutions will provide the Customer a client facing copy of its Data Center Disaster
Recovery Plan upon request
SunGard Public Sector ASP Agreement
Rev. 5.8.12 Page 12 of 14
1061 LG-130877-1 Atlantic Beach, FL ASP-SaaS Agreement
APPENDIXD
ESCALATION PROCEDURES
AMENDED AGENDA ITEM# 8I
JANUARY 13,2014
The City of Atlantic Beach and SunGard Public Sector should anticipate challenging
issues to arise throughout the implementation process due to the complex magnitude of
this project. In order for challenging issues to be remedied in a timely fashion, the City of
Atlantic Beach and SunGard Public Sector will utilize the following Escalation Procedure:
All communication regarding the project should be directed to SunGard Public Sector's
Project Manager and the City of Atlantic Beach Project Manager in order to maintain
consistent communication between the parties. Scheduled weekly calls will be
maintained between the Project Manager and the City of Atlantic Beach Project Team
(including the City of Atlantic Beach's Project Manager).
All issues or concerns will be discussed actively and openly between SunGard Public
Sector's Project Manager and the City of Atlantic Beach Project Manager.
If issues begin to interfere with the progression of the implementation project, the City
of Atlantic Beach and/or SunGard Public Sector should escalate challenges to SunGard
Public Sector management in the sequence below, as needed:
Paul Tovey -Director of Professional 530.879.5139 J2aul.tovey:@sungardgs.com
Services
Raymond Perkey-V.P. Professional 407.304.3026 ray:mond. 12erkey:@su ngard gs. com
Services
Escalation to City of Atlantic Beach management Team should be as follows:
TBD -City of Atlantic Beach Project TBD TBD
Manager
TBD -City of Atlantic Beach Project TBD TBD
Sponsor
City of Atlantic Beach GoverninQ Body TBD
For Cloud Solutions escalations the City of Atlantic Beach should contact SunGard
Public Sector management in the sequence below:
Rebecca Kumpf -Director of Cloud
Solutions
407.304.3884 rebecca.kumgf@sungardJ2s.com
Steve Pratt -V.P. Development and 407.304.3152 steve. 12ratt@su ngard gs. com
Cloud Solutions
For overall SunGard Public Sector escalations, questions or concerns, related to the
contract or any other items, the City of Atlantic Beach should contact their Client Success
Executive, Toni Sweat at 407-304-324 7 or toni.sweat@sungardps.com.
SunGard Public Sector ASP Agreement
Rev. 5.8.12 Page 14 of 14
106JLG-130877-l Atlantic Beach, FL ASP-SaaS Agreement