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R97-152RESOLUTION NO. R97-/,.~,~? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SOFTWARE LICENSE AND SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND H.T.E., INC. PROVIDING FOR THE PURCHASE OF HARDWARE, SOFTWARE, TRAINING, SUPPORT AND CONVERSION SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff: the City Commission has determined that it is in the best interests of the residents of the City to execute a Software License and Services Agreement, between the City of Boynton Beach and H.T.E., Inc., providing for the purchase of hardware, software, training, support, and conversion services for the Human Resources, Utility, and Development Departments; and WHEREAS, the city is piggy-backing a contract between the City of Palm Bay, Florida and H.T.E., Inc. to purchase the hardware, software, and related services for a total sum of $519,417.; and WHEREAS, the purchase will involve new, modern hardware and software for the Human Resources, Utility, and Development Departments of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Software License and Services Agreement between the City of Boynton Beach and H.T.E., Inc., the form of which shall be approved by the City Attorney. Section2. This Resolution will become effective passage. PASSED AND ADOPTED this immediately upon ATTEST: day of September, 1997. Cite'Clerk CITY O,F BOYNTON~EAg,~I, FLORIDA Vice .,~yor C'~mm~'~er / ~ 6/0mmissioner Commissioner Headquarters: 1000 Business Center Drive, Lake Mary, FL 32746 ~, (407) 304-3235 Application Solutions for Goveryma.¢nt April 20, 1999 City of Boynton Beach 100 East Boynton Beach Boynton Beach, Florida 33435 Atto: Mr. Pat Hughes Dear: Mr. Hughes: Enclosed you will find two original H.T.E., Inc. agreements which have been eXecnted by an authorized HTE representative. Please have each of them executed, remm one to me, and'retain .for your files. If you have any questions, please feel free to call your HTE Account Executive or me. Sincerely, HTE Contracts Administration Enclosures SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN HTE, INC. AND CITY OF BOYNTON BEACH, FLORIDA SCHEDULE A-PRICING AND PAYMENT SCHEDULE CONTRACT NO. HTE-BYB2-9900249 This Supplement is to the H.T.E., Inc. Software License and Services Agreement dated September 29, 1997, between H.T.E., Inc. (HTE) and City of Boynton BeaCh (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Designated Machine Use of the Licensed Program(s) provided in this Supplement on platforms other than specified below, without written permission from HTE, may be subject to an upgrade charge· MS/NT: CPU Number: Licensed No. Days of Annual Programs License Fees Training Training Fees Support ParcSoR (for NT server only) Requires: · League Scheduling (13 Users) $ 4,950~00 I $ 1,280.00 $ 890.00 Facility Reservation (13 Users) 6,050.00 2 2,560.00 1,090.00 Progress Client Networking (8 Users) 1,120.00 200.00 Progress Work Group (8 Users) 1,920.00 350.00 Subtotal ItTE Application Software Cost $ 14,040.00 3 $ 3,840.00 $ 2,530.00 Total HTE Application Software Costs $ 14,040.00 3 $ 3,840.00 $ 2,530.00 Due Upon Due As Total Contract Incurred/ PAYMENT SCHEDULE Contract Execution Delivered HTE License Fees $14,040.00 $14,040.00 HTE Application 3 days ~ $1280/day 3,840.00 $3,840.00 HTE Application Support Fees 2,530.00 2,530.00 GRAND TOTALS $20,410.00 $14,040.00 $6,370.00 PLEASE NOTE THAT TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDEl~ TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. *HTE Application Support Service The initial term of HTE application support services shall commence one hundred twenty (120) days after delivery of the Licensed Program(s) and extend for a twelve (12) month term. Support fees for the initial term of support are due prior to the commencement of support. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period and support fees will be due at that tune at the then prevadmg rate. Rates for subsequent years of support service are subject to change. HTE Schedule A 1 Boynton Beach Sch A.doc Vcr. 10/25/98 4/20/99 Application Training The number of training §essions and the number of days of training vary per applications. Listed above are the number of days for the Licensed Programs listed, herein, and the standard fee per applications. Additional application training can be provided upon request at the staridard billing rate in effect at that time, which at the time of this Supplement is One Thousand Two Hundred Eighty Dollars ($1,280.00) per day. The fee quoted above does not include travel and living expenses. Travel and Living Expense Actual and reasonable travel and living expenses are in addition to the prices quoted for the HTE Licensed Programs and services and will be invoiced as incurred. Project Management A descriPtion of Project Management is attached to this Supplement, if applicable, and will be invoiced as incurred, at the standard billing rate in effect at that time, which at the time of this Supplement is One Thousand Two Hundred Eighty Dollars ($1,280.00) per day. A mutually agreeable work plan will be created by the HTE Project Manager and the Customer, and will be made a part of this Supplement. Additional days of Project Management, if requested by Customer, will be invoiced as incurred at the then current HTE daily rate. Modifications Modificatixaxa_will be controlled by the HTE System Change Request ("SCR") form which will be prepared for the Customer by the HTE Product Manager responsible for that module. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with 50% payment. The f'mal 50% payment is due upon completion. Conversion Conversion, if provided for herein, or if requested by the Customer after contract execution, will be controlled by the HTE System Change Request ("SCR") form which will be prepared for the Customer by the HTE Conversion Team Manager.. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with fifty percent (50%) payment. The ffmal fifty percent (50%) payment is due upon completion. Data must be given to HTE in an IBM compatible format on a specified magnetic media and must match data field definition. Input data file clean up shall be the responsibility of the customer. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is understood that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. SCR form(s) for any conversion services included in this Agreement are attached for Customer signature and return to HTE. Cancellation Charges CuStomer acknowledges that HTE makes every effort to schedule training and project managemem sessions sufficiently in advance to make effective use of HTE's personnel and to obtain favorable prices for travel and living. Accordingly, the following cancellation charges apply to training or on-site project management sessions canceled at the request of Customer: cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on-site project management; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or on-site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non- refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedu!e HTE persont~el in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful m such rescheduling, Customer's payment obligations shall be reduced. Third Party Software and Hardware Unless ~therwise stated, Customer shall enter into separate license and/or maintenance agreements with each individual third party hhrdware or third party software supplier for the equipment or software as may be provided herein. Warranty and maintenance offerings by HTE for its Licensed Program(s) do not apply to any third party hardware or third party software supplied under this Supplement. HTE does not make any warranties for any non-HTE products unless otherwise provided herein. lITE Schedule A 2 Boynton Beach Sch A.doc Ver. 10/25/98 4/20/99 Non-Hiring Statement During the term of this Supplement and for a period of twenty-four (24) months after the termination of this Supplement, the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent of HTE. The terms and conditions~ contained in this Supplement, including the prices, will be honored as set forth herein, provided this Supplement is fully executed by April 30, 1999. -- to[~.~ ~ ~. k4~t~.aaoaa,~g~.. ~ Customer warrants that the amounts to be paid hereunder will be paid out of appropriated funds and are not part of a financing arrangement with any third party. CITY OF B~YNTON BEACh, FLORIDA % Title Date H.T.E., INC. Name: Vi¢~ ol~i_~:~_, H.T._~., I_?_c. Title Date HTE Schedule A 3 Boynton Beach Sch A.doc Ver. 10/25/98 4/20/99 SUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT BY AND BETWEEN HTE, INC. AND CITY OF BOYNTON BEACH, FLORIDA SCHEDULE A-PRICING AND PAYMENT SCHEDULE CONTRACT NO. HTE-BYB2-9900249 This Supplement is to the H.T.E., Inc. Software License and Services Agreement dated September 29, 1997, between H.T.E., Inc. (HTE) and City of Boynton Beach (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Designated Machine Use of the Licensed Program(s) provided in this Supplement on platforms other than specified below, without written permission from HTE, may be subject to an upgrade charge. MS/NT: CPU Number: Annual Licensed No. Days of Programn License Fees Training Training Fees Support ParcSoft (for NT server only) Requires: L¢~m~e Scheduling (13 Users) $ 4,950.00 1 $ 1,280.00 $ 890.00 Facility Reservation (13 Users) 6,050.00 2 2,560.00 1,090.00 ?rogress Client Networking (8 Users) 1,120.00 200.00 ?rogress Work Group (8 Users) 1,920.00 350.00 Subtotal itTE Application Software Cost $ 14,040.00 3 $ 3,840;00 $ 2,530.00 ,~Total HTE Application Sottware Costs $ 14,040.00 3 $ 3,840.00 $ 2,530.00 ~ Due Upon Due As Total Contract Incurred/ PAYMENT SCI-1EDULE Contract Execution Delivered HTE License Fees $14,040.00 $14,040.00 HTE Application 3 days ~ $1280/day 3,840.00 $3,840.00 HTE Application Support Fees 2,530.00 2,530.00 GRAND TOTALS $20,410.00 $14,040.011 $6,370.00 PLEASE NOTE THAT TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. *HTE Application Support Service The initial term of HTE application support services shall commence one hundred twenty (120) days after delivery of the Licensed Program(s) and extend for a twelve (12) month term. Support fees for the initial term of support are due prior to the commencement of support. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period and support fees will be due at that time at the then prevailing rate. Rates for subsequent years of support service are subject to change. HTE Schedule A 1 Boynton Beach Sch A.doc 4/20/99 Ver. 10/25/98 Application Training The number of training sessions and the number of days of training vary per applications. Listed above are the number of days for the Licensed Programs liste~.herein, and the standard fee per applications. Additional application training can be provided upon request at the standard billing rate in effect at that time, which at the time of this Supplement is One Thousand Two Hundred Eighty Dollars ($1,280.00) per day. The fee quoted above does not include travel and living expenses. Travel and Living Expense Actual and reasonable travel and living expenses are in addition to the prices quoted for the HTE Licensed Programs and services and will be invoiced as incurred. Project Management A d~scription of Project Management is attached to this Supplement, if applicable, and will be invoiced as incurred, at the standard billing rate in effect at that time, which at the time of this Supplement is One Thousand Two Hundred Eighty Dollars ($1,280.00) per day. A mutually agreeable work plan will be created by the HTE Project Manager and the Customer, and will be made a part of this Supplement. Additional days of Project Management, if requested by Customer, will be invoiced as incurred at the then current HTE daily rate. Modifications Modifications will be controlled by the HTE System Change Request ("SCW') form which will be prepared for the Customer by the HTE Product Manager responsible for that module. HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with 50% payment. The f'mal 50% payment is due upon completion. - Conversion Conversion, if provided for herein, or if requested by the Customer after contract execution, will be controlled by the HTE System Change Request ("SCR") form which will be prepared for the Customer by the HTE Conversion Team Manager~ HTE will proceed on the SCR when the signed SCR is returned with the Customer's authorization along with fifty percent (50%) payment. The f'mal fifty percent (50%) payment is due upon completion. Data must be given to HTE in an IBM compatible format on a specified magnetic media and must match data field defmition. Input data file clean up shall be the responsibility 0fthe customer. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is understood that no two systems and file structures are exactly alike and there may be a need for some manual conversion efforts to take place along with the electronic conversion. SCR form(s) for any conversion services included in this Agreement are attached for Customer signature and return to HTE. Cancellation Charges Customer acknowledges that HTE mak,es every effort to schedule training and project management sessions sufficiently in advance to make effective use of HTE s personnel and to obtain favorable prices for travel and living. Accordingly, the fOlloWing cancellation charges apply to training or on-site project management sessions canceled at the request of Customer: cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on-site projectmanagement; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or on.site project management. In addition to the foregoing, Customer shall be obligated to reimburse HTE for any non- refundable expenses incurred by HTE for travel expenses. Notwithstanding the above, HTE will endeavor to reschedule HTE personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent HTE is successful in such resCheduling, Customer's payment obligations shall be reduced. Third Party Software and Hardware >therwise stated, Customer shall enter into separate license and/or maintenance agreements with each individual third or third party software supplier for the equipment or sof~vare as may be provided herein. Warranty and offerings by HTE for its Licensed Program(s) do not apply to any third party hardware or third party software under this Supplement. HTE does not make any warranties for any non-HTE products unless otherwise provided hereto. HTE Schedule A '2 Boynton Beach Sch A.doc Ver. 10/25/98 4/20/99 Non-Hiring Statement During the term of this Supplement and for a period of twenty-four (24) months after the termination of this Supplement, the Customer may not offer to hire or in any way employ or compensate any of the employees of HTE or persons who have been employed by HTE within the immediate past twenty-four (24) months without prior consent of HTE. The terms and eonditionseontained in this Supplement, including the prices, will be honored as set forth h~3re~ provided this Supplement is fully executed by April 30, 1999. Customer warrants that the amounts to be paid hereunder will be paid out of appropriated funds and are not part of a financing arrangement with any third party. CITY OF BOYNTON BEACH, FLORIDA Title Date H.T.E., INC. By: '~~ Name: BRIA] Vice ~'resi em, H.LE., inc. Title Date HTE Schedule A 3 Boynton Beach Sch A.doc Ver. 10/2~5/98 4/20/99