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Res No 135-11-13449RESOLUTION NO.: 1 3 5 -1 1 -1 3 4 4 9 A Resolution authorizing the City Manager to enter into an agreement with SunGard Public Sector Inc., a sole source vendor for Software Maintenance for a five year period, with the first annual maintenance fee payment to be included in the purchase of the Software License and years two (2) through five (5) to be paid annually from account number 001 -1910- 521 -3450 (Contractual Services) in pre - negotiated escalating terms; providing for an effective date WHEREAS, the new SunGard Public Sector Police Department Communications software will increase efficiency related to critical dispatching of calls for service, field reporting and records management of data; and WHEREAS, the SunGard Public Sector Inc. Software Maintenance Agreement is necessary for the improvements and support of the new SunGard Public Sector Police Communications software; and WHEREAS, improvement fees for years two (2) through five (5) of the maintenance agreement will be as follows for each subsequent year: $25,000.00, $35,000.00, $45,000.00 and $70,000.00 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to enter into the attached Maintenance Agreement for the total sum of $175,000.00 with SunGard Public Sector Inc. for a five -year Software Maintenance Agreement to be paid from Account No. 001 -1910- 521 -3450 (Contractual Services). Section 2. That this resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 16th day of ATTEST: 09�e_ C'ft'y Clerk Read and Exec on e City tt August 2011 APPROVED: Mayo wed as to F rm age, COMMISSION VOTE: Legality: Mayor Stoddard: Vice -Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: 5 -0 Yea Yea Yea Yea Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM South !Miami bAZA RT!- pm�NeaCi�Y 2001 To: The Honorable Mayor and Members of the City Commission From: Hector Mirabile, PhD, City Manager Date: July 27, 2011 Agenda Item # T Subject: A Resolution authorizing the City Manager to execute a five -year Software License , and Services Agreement with parent corporation SunGard Public Sector Inc. for Open Software Solutions Inc. (OSSI), a sole- source vendor, for the replacement of outdated software for the sum ,of $300,000 from the Federal Forfeiture Accounts 615- 1910 -521- 6800(intangible Assets) and 61 S -1910- 521 -5205 (Computer Equipment) for Computer Aided Dispatch (CAD) services, Records Management System (RMS), Field Base Reporting System (FBRS), to include the first year annual maintenance and support for the South Miami Police Department's Public Safety Communications System, providing for an effective date. Background: The Police Department is required to operate and maintain a Police Communications System to support the Department's functions with radio communications, report writing, records keeping, information retrieval and to respond to calls for service from the community whether routine or emergency in nature, thereby making our community safer. SunGard Public Sector Inc. is the parent company of OSSI and ONESolution, the software provider for Finance and Community Development. OSSI and ONESolution both tie into the City's Geographical Information System, (GIS). As a current SunGard Public Sector customer who has licensed ONESolution applications, the City of South Miami, FL may be entitled to current customer discounts. Expense: $300,000.00 Account: Funds are budgeted in account number 615 -1910 -521 -6800 (Federal Forfeiture Intangible Assets) for a cost of $280,000.00 and account number 615- 1910 -521- 5205 (Federal Forfeiture Computer Equipment) for a cost of $20,000.00 with a current balance of $0.00. Attachments: ❑ Proposed Resolution ❑ SunGard Software License & Services /Agreement o Sole Source Letter MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miaml, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - AUGUST 16, 2011 in the XXXX Court, was published in said newspaper in the issues of 08/05/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securin cation in the said n er. .S1yte subscribed before me this 05 day of AUGUST A.D. 2011 (SEAL) MARIA MESA personally known to me 1 "Ilt„ Notary Public State ofFiodria Cheryl H Mariner MyConfinissionDD793490 tu''r ,:• r" Eores 0711812012 $ �a n <M• CITY 9F SO NOT NoTicE:is i-1r_Rl iqy giv6n thatiiie i Mran i, l;:9crida wijl. ondu i_i?ufslrc. e rn ect n g,?cllodulad IPr i +e�sday "•Au;gti 1 ir��uii :_negrn nr n y: al r:Ju; p nr 61, CrtyyG�?mrn154fpn:Gj)ia rfb'ers G130 Sunsrt Drive to cnnRider, A. the follaiying lteml;3, ,� ,y �+ t < r Ordr(lanc P1tllendrrtg Cflapie X3 Uc. isa, creallnq'A.rod ,SeCEioh j;3 �1_SHlad �lJ a3 of #,Itys;AVaRrtr "'aiic rLStrictong the-ex .: . pr'esse¢ o'r lmpligd §e o[ t91e C!1} tFf South Iv11am1 c r Ire name,>j'IV anyone �or any�urp� ae `' r IF A Resolution author+zlrs ihn rit tA±?ahagerrtc execute a tive year SpfiLuarr.; futatr�t ®naeZnlg aerp�rtt4wrth parent r4rposatfon .Gard Pu�>ic Seclar, tnc� fol�rapta rnenl of outdated soffv7afe for , Cn€rrpulsr Atdod t rise *h ago CA servrr�r {�ecodds• Nian �t 5y�tem,:(RMSj �t�ld 8ase�#p)7oning:5ystem ;iF�RS) and;.... allnuaimarslet)ancaand sup�Qltiusing thn Sgitware Lirnss.and ._ Sorvicesr ig'eeurnent prv�+ir¢e� bY:Open Software Sofufln�s; lftc {QSSI] for,ltir 8i�tilll,lJlia_ri�P -ol3tla Departmrints putilfc Saica :. Go if it, i SysterTS An, amertl�g,Chaplr 15§3�antk led °Parks and Rene atlpn � frr4 trle, i'agulaiion o� Special �VSrits Incluc#rng 1%e:rrstatrlrsh • 1iErot of reciuirEmenls,or.pub19r1tPanngs ,prriv}dl[t tt a process fnr rFytrirtnts imtli trb :Yl�liCrtj jaws, and prgvldingf©r pana It - ias.•'" PLI ktiieresteri parties a e,rrjvited t� i;tend send W1 6e For furthei'.infornrafinn pis nse.ccntac,Hilo Lstp Clerk ot- flee at, 305= 663= 6 340 ; Muria M Menendez OMG t CRy Clerk Pursuant fo Fiorrda 5latla es 28 Q1Q5, thi Glty b rchy a, vises iho public that if a person dend&� to appaal any cfecrs -bw a +e, by this Board, AgehGy`t 1,>unri7misar�.::with 'rseci.lo dny 'rriaiter prrsic er d `af lls meeting ®r.bearing, He or she will need a record of thri pTocse-6figs, and that fpr.such.pu>pnsei aff,Fqpladpersnrtmayneed to or;sur: 1�itd a q t'dtim reeard.af (he :,praceadings. ?s marlo:vlt {ctt be, 'a mc.1U.+itt)s; lfre3wsrs,irslony and'eyEdencs upon whrch the; appeal is is be l'ascIj 816 a 1 f 3 b" fi37313M As a� m H d o` s M a 6 `m I'Gj p V' t3 d r W [� t7a `° ° E i P � ° am Cr E !L'+ ` lNd tJ ✓u'i O °cs'�c `o Q_ Hwy '^ `° ry •gS Ego e .c J V fir. L� . a J'i v� 5 c- m H O n v � :° m o Ri V 9 ° rl o ai ~ FI N C U p C G N Si i L• OY N C�S q ""� R Pti o !A s � �OVC7 0'° c£ arb° �� a fiver ri b 3 LL D- c d(�w� cs_'= aEi uS m� CD � � � � zz m O LL m Q ZO «m R U 2 U hry a ` g P 3 c E ° o d 8 �f k"L r 3 $ am m t r 'd _ ��Q non E b° o a' E Z Omw c yM c m a m °rte ' E �` Fa d a R25 0 July 28, 2011 Major Ana Baixauli Administrative Major, SMPD 6130 Sunset Drive South Miami, Florida 33143 Office; 305- 668 -2498 (Direct) Cell: 786298 -7986 Fax: 305 - 6632045 Dear Major Baixauli, This letter is intended to reflect that the ONESolution and OSSI brand software applications are proprietary software solely provided by SunGard Public Sector Inc. Additionally, SunGard Public Sector's OSSI brand is the sole integrated public safety offering under ONESolution. As a current SunGard Public Sector customer who has licensed ONESolution applications, the City of South Miami, FL may be entitled to current customer discounts. SunGard Public Sector Inc. is the sole owner, provider, developer and supporter of the ONESolution and OSSI brand software and has full power and authority to grant the rights to license it without the consent of any other person or entity. Sincerely, Cieo a Se /re ilcas Manager, Contracts Services CUSTOMER NO. ; CONTRACT NO. 110793 SOFTWARE LICENSE AND SERVICES AGREEMENT BETWEEN SunGard Public Sector Inc. a Florida corporation with headquarters at: 1000 Business Center Drive Lake Mary, FL 32746 ( "SunGard Public Sector ") AND City of South Miami 6130 Sunset Drive South Miami, FL 33143 (for purposes of this Agreement, "Customer ") By the signatures of their duly authorized representatives below, SunGard Public Sector Inc. and Customer, intending to be legally bound, agree to all of the provisions of this Agreement and all Exhibits, Supplements, Schedules, Appendices, and /or Addenda to this Agreement. The terms and conditions contained in this Agreement, including prices, will be honored as set forth herein, provided the Agreement is fully executed and delivered by September 23, 2011. City of South Miami, FL BY: PRINT NAME; L-. ) r fr'l a Q -A9iC PRINT TITLE: DATE SIGNED: – `i _ I/ SunGard Public Sector Inc. BY- —(�� Christian Coleman PRINT NAME VP and Controller, SunGard Public Sector Inc AND TITLE: DATE SIGNED: 9 11 S t 1 � Exec" ,c-) \ r 4� 1 a ` I L, Page 1 of 25 South Miami - 110793 SunGard Public Sector Software License and Services Agreement THIS AGREEMENT is made between SunGard Public Sector Inc. and Customer as of the Execution Date. The parties agree as follows: 1. Definitions. "Baseline" means the general release version of a Component System as updated to the particular time in question through both SunGard Public Sector's warranty, services and SunGard Public Sector's Maintenance Program, but without any other modification whatsoever. "Component Sktm" means any one of the computer software programs which Is identified in Exhibit 1 as a Component System, including all copies of Source Code (if provided), Object Code and all related specifications, documentation, technical information, and all corrections, modifications, additions, Improvements and enhancements to and all Intellectual Property Rights for such Component System. "Confidential Information" means non - public information of a party to this Agreement. Confidential Information of SunGard Public Sector includes the Software, all software provided with the Software, and algorithms, methods, techniques and processes revealed by the Source Code of the Software and any software provided with the Software. Confidential Information does not include information that: (i) is or becomes known to the public without fault or breach of the Recipient; (ii) the Discloser regularly discloses to third parties without restriction on disclosure; or (iii) the Recipient obtains from a third party without restriction on disclosure and without breach of a non - disclosure obligation. "Delivery Address" means the Customer shipping address set forth in Exhibit 1 as the Delivery Address. "Delivery Date" means, for each Component System, the date on which SunGard Public Sector first ships the Component System to the Delivery Address E.O.B. SunGard Public Sector's place of shipment. "Discloser" means the party providing its Confidential Information to the Recipient. "Defect" means a material deviation between the Baseline Component System and its documentation, for which Defect Customer has given SunGard Public Sector enough information to enable SunGard Public Sector to replicate the deviation on a computer configuration that is both comparable to the Equipment and that is under SunGard Public Sector's control. "Execution Date" means the latest date shown on the signature page of this Agreement. "Equipment" means a hardware and systems software configuration meeting the "Equipment" criteria set forth in Exhibit 1. "Exhibit 1" means, collectively: (i) The schedule attached to this Agreement which is marked as "Exhibit 1," including all attached Software Supplements; and (ii) any schedule also marked as "Exhibit 1" (also including any attached Software Supplements) that is attached to any amendment to this Agreement. Other appendices to this Agreement are numbered sequentially and are also "Exhibits." "Intellectual Property Rights" means all patents, patent rights, patent applications, copyrights, copyright registrations, trade secrets, trademarks and service marks and Confidential Information. "Software" means the Component Systems listed in Exhibit 1. "Customer Emplayr es" means: (i) Customer's employees with a need to know; and (ii) 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. "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. "Recipient" means the party receiving Confidential Information of the Discloser. "Software Supplement" means, with respect to a Component System, the addendum provided as part of Exhibit 1 that contains additional terms, conditions, limitations and/or other information Page 2 of 25 pertaining to that Component System. If any terms of a Software Supplement conflicts with any other terms of this Agreement, the terms of the Software Supplement will control. "Source Code" means computer programs written in higher -level programming languages, sometimes accompanied by English language comments and other programmer documentation. 2. Right to Grant License and Ownership. SunGard Public Sector has the right to grant Customer this license to use the Software. Except as otherwise indicated in a Software Supplement, SunGard Public Sector owns the Software. 3. License. Subject to the terms and conditions of this Agreement, SunGard Public Sector grants Customer a perpetual, non - exclusive, non- transferable license to use and copy for use the Software on the Equipment within the United States of America for Customer's own, non- commercial computing operations. Any rights not expressly granted in this Agreement are expressly reserved. (a) Source Code. If Exhibit 1 to this Agreement does not otherwise provide that Customer has a license to use Source Code for a particular Component System, then Customer has no rights in or to the Source Code for that Component System, Only with respect to the Component Systems for which the Source Code is so licensed, Customer has the right to compile, modify, improve and enhance the Software. Customer will not disclose all or any part of the Source Code for the Software to any person except Customer Employees who, before obtaining access to the Source Code, have been informed by Customer in writing of the non- disclosure obligations imposed on both Customer and such Customer Employees under this Agreement. (b) i t Code. Customer has right to use the Software in Object Code form. Customer also has the right to use the Software in Object Code form temporarily on another SunGard Public Sector- supported configuration, for disaster recovery of Customer's computer operations. (c) Documentation. Except as otherwise provided for in the applicable Software Supplement, Customer can make a reasonable number of copies of the documentation for each Component System for its use in accordance with the terms of this Agreement. (d) 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 Custorner 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. 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, without in -each instance obtaining SunGard Public Sector's prior written consent and, if required, a validated export license from the Office of Export Administration within the U.S. Department of Commerce and such other appropriate United States governmental authorities. (e) Intellectual Property Rights Notices. Customer is prohibited from removing or altering any of the Intellectual Property Rights notice(s) embedded in or that SunGard Public Sector otherwise provides with the Software. Customer must reproduce the unaltered Intellectual Property Rights notice(s) in any full or partial copies that Customer makes of the Software. 4. Services. (a) Generally. SunGard Public Sector will provide Customer with the information services identified in Exhibit 1, for the fees provided in Exhibit 1. (b) Additional Services, SunGard Public Sector can also provide Customer with additional information services,. at SunGard Public Sector's then - current rates, or at such other rates as are agreed to by the parties in an amendment to this Agreement. (c) Workmanlike Skills. SunGard Public Sector will render all services under this Agreement in a professional and workmanlike manner. SunGard Public Sector will promptly replace any SunGard Public Sector personnel that are rendering services on -site at a Customer facility if Customer reasonably considers the personnel to be unacceptable and provides SunGard Public Sector with notice to that effect, Page 3 of 25 provided that such replacement does not violate any law or governmental regulation applicable to such personnel replacement. (d) Conditions On Providing Services. In each instance in which SunGard Public Sector is providing Customer with services, SunGard Public Sector and Customer will develop a project plan that identifies each party's responsibilities for such services. The project plan will describe in detail the tentative schedule and the scope of services that SunGard Public Sector will provide. Customer will establish the overall project direction, including assigning and managing the Customer's project personnel team. Customer must assign a project manager who will assume responsibility for management of the project. Customer must ensure that the Equipment is operational, accessible and supported at the times agreed to by the parties in the project plan. While SunGard Public Sector is providing such services, Customer must provide SunGard Public Sector with such facilities, equipment and support as are reasonably necessary for SunGard Public Sector to perform its obligations, including remote access to the Equipment. 5. Delivery. Except as otherwise provided in Exhibit 1, SunGard Public Sector will deliver all Component Systems to Customer at the Delivery Address. 6. Payment and Taxes. (a) Payment. 0) License Fees. Fees for the Software will be due to SunGard Public Sector as provided for in Exhibit 1. (ii) Professional Services Fees. Except as otherwise provided in Exhibit 1, fees for professional services will be invoiced on a monthly basis in arrears and will be due within thirty (30) days from the date of invoice, Customer will reimburse SunGard Public Sector for actual travel and living expenses that SunGard Public Sector incurs in providing Customer with services under this Agreement. 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. SunGard Public Sector will use reasonable efforts to limit travel and living expenses by using coach air fare, booked in advance when available, staying at hotels identified in advance by Customer as offering Customer's contractors a discounted rate, and sharing rental cars. Reimbursement is subject to any statutory reimbursement limitations imposed on Customer contractors, and Customer will provide SunGard Public Sector with a copy of such limitations before SunGard Public Sector incurs expenses. (iii) Late Charge. SunGard Public Sector will have the right to charge a late fee to the extent that payment is received later than thirty (30) days from the date of invoice. Late fees will be calculated based on a per annum rate equal to the lesser of: (i) the prime lending rate established from time to time by Citizens Bank, Philadelphia, Pennsylvania plus three percent (3 %); and (ii) the highest rate permitted by applicable law, and will be payable to SunGard Public Sector on demand. (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 Software, any 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 exemption certificate; otherwise, 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). Scheduled Resource Changes: For training and on -site project management sessions which are cancelled at the request of Customer within fourteen (14) days of the scheduled start date, Customer is responsible for entire price of the training or on -site project management plus incurred expenses. 7. Limited Warranty Disclaimer of Warranty and Election of Remedies. (a) Limited Software Warranty by-SunGard Public Sector and Remedy For Breach. For each Component System, SunGard Public Sector warrants to Customer that, for a period of twelve (12) months after the Delivery Date, the Baseline Component System, as used by Customer on the Equipment for its own, non - commercial computing operations, will operate without Defects. For each Defect, SunGard Public Sector, as soon as reasonably practicable and at its own expense, will provide Customer with an avoidance procedure for or a correction of the Defect. If, despite its Page 4 of 25 reasonable efforts, SunGard Public Sector is unable to ,provide Customer with an avoidance procedure for or a correction of a Defect, then, subject to the limitations set forth in Section 16 of this Agreement, Customer may pursue its remedy at law to recover direct damages resulting from the breach of this limited warranty. These remedies are exclusive and are in lieu of all other remedies, and SunGard Public Sector's sole obligations for breach of this limited warranty are contained in this Section 7(a). (b) Disclaimer of Warranly. The limited warranty in Section 7(a) is made to Customer exclusively and is in lieu of all other warranties. SUNGARD PUBLIC SECTOR MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT 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. SUNGARD PUBLIC SECTOR EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE, IN WHOLE OR IN PART, WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE OTHER THAN THE EQUIPMENT. CUSTOMER WAIVES ANY CLAIM THAT THE LIMITED WARRANTY SET FORTH IN SECTION 7(A) OR THE REMEDY FOR BREACH OF SUCH LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. (c) Abrogation of Limited Warranty. The limited warranty in Section 7(a) will be null and void if: (i) anyone (including Customer) other than SunGard Public Sector modifies the Baseline Component System; or (ii) Customer does not implement changes that SunGard Public Sector provides to correct or improve the Baseline Component System. If despite any modification of the Component System, SunGard Public Sector can replicate the reported problem in the Baseline Component System as if the problem were a Defect, then SunGard Public Sector will nonetheless provide Customer with an avoidance procedure for or a correction of that reported problem for use in the Baseline Component System as though the reported problem were a Defect. (d) FAILURE OF ESSENTIAL PURPOSE. THE PARTIES HAVE AGREED THAT THE LIMITATIONS SPECIFIED IN SECTIONS 7 AND 16 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND REGARDLESS OF WHETHER CUSTOMER HAS ACCEPTED ANY SOFTWARE OR SERVICE UNDER THIS AGREEMENT. 8. Confidential Information. Except as otherwise permitted under this Agreement, the Recipient will not knowingly disclose to any third party, or make any use of the Disclosers Confidential Information. The Recipient will use at least the same standard of care to maintain the confidentiality of the Discloser'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 Recipient's receipt of that item. However, Customer's obligations to maintain both the Software and any software provided with the Software as confidential will survive in perpetuity. 9. Indemnit b 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 Baseline Component System 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 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; (iv) the claim must not arise from modifications or (with the express exception of the other Component Systems and third party hardware and software specified by SunGard Public Sector in writing as necessary for use with the Software) from the use or combination of products provided by SunGard Public Sector with items provided by Customer or Page 5 of 25 others. If any Component System 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 Component System under the terms of this Agreement; (B) replace the Component System with products that are substantially equivalent in function, or modify the Component System so that it becomes non - infringing and substantially equivalent in function; or (C) refund to Customer the portion of the license fee paid to SunGard Public Sector for the Component System(s) giving rise to the infringement claim, less a charge for use by Customer based on straight line depreciation assuming a useful life of five (5) years. THE FOREGOING IS SUNGARD PUBLIC SECTOR'S EXCLUSIVE OBLIGATION WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 10. Term and Termination. (a) 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 Defect will not constitute a notice of termination of this Agreement. (b) Effect of Termination. Upon termination of this Agreement by either party, Customer will promptly return to SunGard Public Sector or (at SunGard Public Sector's request) will destroy all copies of the Software, and will certify to SunGard Public Sector in writing, over the signature of a duly authorized representative of Customer, that it has done so. (c) Survival of Obligations. All obligations relating to non -use and non- disclosure of Confidential Information and indemnity will survive termination of this Agreement. (d) 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. 11. 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. 12. Force Maieure. 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. 13. 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 inciude 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. 14. 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. Page 6 of 25 15. Choice of Law; Severabiiit . 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. 16. LIMITATIONS OF LIABILITY. (a) LIMITED LIABILITY OF SUNGARD PUBLIC SECTOR. SUNGARD PUBLIC SECTOR'S LIABILITY IN CONNECTION WITH THE SOFTWARE, ANY SERVICES, THIS LICENSE OR ANY OTHER MATTER RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEE THAT CUSTOMER ACTUALLY PAID TO SUNGARD PUBLIC SECTOR (OR, IF NO DISCRETE FEE IS IDENTIFIED IN EXHIBIT 1, THE FEE REASONABLY ASCRIBED BY SUNGARD PUBLIC SECTOR) FOR THE COMPONENT SYSTEM OR SERVICES GIVING RISE TO THE LIABILITY. (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) 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. 17. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to its subject matter, and supersedes and extinguishes all prior oral and written communications between the parties about its subject matter. Any purchase order or similar document which may be issued by Customer in connection with this Agreement does not modify this Agreement. No modification of this Agreement will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Agreement. Page 7 of 25 EXHIBIT 1 Customer: City of South Miami Delivery Address: 6130 Sunset Drive South Miami, FL 33143 SOFTWARE1,2 : Part# Component System License Fees Computer Aided Dispatch $ 48,100.00 jCAD -T2 BASE COMPUTER AIDED DISPATCH SYSTEM TIER -2 CON ADDITIONAL CAD CONSOLE LICENSE 3,900-00 FIRST CAD MAP DISPLAY AND MAP MAINTENANCE SOFTWARE LICENSE 4,500.00 _MAR CAD -MAPD ADDITIONAL CAD MAP DISPLAY LICENSE 4,500.00 MCT -MIS LAN CLIENT LICENSE FOR MESSAGE SWITCH 1,200.00 CAD -MRM CAD RESOURCE MONITOR DISPLAY LICENSE WITH MAPS 3,000.00 Records Management System RMS- BASE -20 BASE RECORDS MANAGEMENT SYSTEM - 20 WORKSTATION 38,950.00 RMS-ACCIDENT - -20 BASIC ACCIDENT MODULE - 20 WORKSTATION 3,500.00 RMS -WIZ -BASE ACCIDENT WIZARD BASE SERVER LICENSE 5,000.00 RMS -CA CRIME ANALYSIS MODULE 12,500.00 RMS -RSW -5 RESIDENTIAL SECURITY WATCH MODULE - 5 WORKSTATION 1,500.00 RMS- MAP -20 RMS MAP DISPLAY AND PIN MAPPING LICENSE - 20 WORKSTATION 4,000.00 RMS- NTF -20 NOTIFICATION MODULE - 20 WORKSTATION 6,800.00 RMS -P &E -5 PROPERTY AND EVIDENCE MODULE - 5 WORKSTATION 5,500.00 RMS -BAR HOST -5 BAR CODING SERVER LICENSE - 5 WORKSTATION 2,500.00 RMS- BAR - CLIENT BAR CODING HAND -HELD CLIENT LICENSE (EACH) 1,595.00 RMS -P2P POLICE TO POLICE INTERNET DATA SHARING RMS - TRAIN -5 TRAINING MODULE - 5 WORKSTATION 3,500.00 Mobile Computing 3 MCT -SWI STATEINCIC MESSAGING SOFTWARE 20,000.00 MCT BMS -T2 BASE MOBILE SERVER SOFTWARE UP TO 50 WORKSTATIONS 20,000.00 MCT- CLIENT MCT CLIENT - DIGITAL DISPATCH 39,800.00 MCT -MAP MCT CLIENT -MAPS 8,000.00 MCT- MFR -OFF MFR CLIENT -BASE INCIDENTIOFFFNSE 39,800.00 MCT- MFR -ACC MFR CLIENT - ACCIDENT REPORTING 20,000.00 RMS -WIZ- CLIENT ACCIDENT WIZARD WORKSTATION LICENSE 6,000.00 MCT -MFR- ARREST MFRCLIENT - ARREST 12,000.00 6,000.00 MCT- MFRAFF MFRCLIENT - ARRESTAFFIDAVIT MCT- MFR - CITATION MFR CLIENT - CITATION 20,000.00 2,500.00 MCT- MFR -MBLN- CLIENT MFR CLIENT- MOBLAN VERSION MCT -MFR -REV -T2 REVIEW MODULE FDR FIELD REPORTING UP TO 50 WORKSTATIONS 17,500.00 MCT -AVL -HOST AVL SERVER HOST LICENSE 35,000.00 MCT -AVL -CAD CAD CLIENT AVL LICENSE 8,000.00 6,000.00 MCT-AVL-CLIENT MCT CLIENT -AVL License Fees Sub -Total S 411.145.00 S (361,970.00 Less Discount S 49,175.00 TOTAL LICENSE FEE Notes to Software Table: 1 Interfaces only. Customer shall be responsible for obtaining the applicable software, hardware and system software from the appropriate third party vendor. 2 Note: Mobiles applications do not include AVL hardware. Page 8 of 25 SERVICES' Z: Notes to Services Table: 1 Pricing is a good faith estimate based on the information available to SunGard Public Sector at the time of execution of this Agreement. The total amount that Customer will pay for these services (i.e., the "TOTAL SERVICES FEE) will vary based on the actual number of hours of services required to complete the services. If required, additional services will be provided on a time and materials basis at hourly rates equal to SunGard Public Sector's then - current list price rates for the services at issue. 2 Travel and living expenses are additional and are not included in the amounts provided for above. Reimbursable expenses will be Due October 31, 2011, and will not exceed a total of $ 36,165.00. The total amount reflected above will not apply if additional services are necessitated by changes to the scope of Exhibit 1, or if additional reimbursable expenses are incurred due to any change orders or amendments that the parties execute in connection with this Agreement. Page 9 of 25 Summary License Fees $ 49,175.00 Service Fees 194,120.00 Estimated Travel & Living Expenses 36,165.00 Grand Total $ 279,460.00 The amounts noted above shall be payable as follows: License Fee: 100% on the Execution Date. Installation: Due October 31, 2011. Project Management: $30,345.00 due upon Execution Date; $8,055.00 due October 31, 2011. Training Fees: Due upon installation of software but no later than ninety (90) days after Execution Date. Professional Services Fees: Due upon installation of software but no later than ninety (90) days after Execution Date. Mapping Conversion Fees: 100% on the Execution Date Implementation Services Fee: $37,920.00 Due upon installation of software but no later than ninety (90) days after Execution Date; $7,080.00 due October 31, 2011. EQUIPMENT: Host(s) or client server configuration(s) and /or combinations of host(s) and client server configurations) within the United States of America for which SunGard Public Sector supports the Software. Customer acknowledges that certain Component Systems of the Software may require specific host or client configurations. Customer, as soon as reasonably practicable, will provide a detailed written description of the Equipment so that SunGard Public Sector can confirm that it is a configuration on which SunGard Public Sector supports use of the Software. NOTICE: To use any of the Software, Customer must also obtain, install on the Equipment and maintain SunGard Public Sector - supported versions of certain software products and software /hardware peripherals. By this notice, SunGard Public Sector is advising Customer that Customer should consult with its SunGard Public Sector Professional Services representative to obtain a written listing of such necessary software products and software /hardware peripherals. General Project Conditions are as follows: GENERAL PROJECT CONDITIONS General Project Conditions - Applies to Entire Project Item 1: This Agreement is based on the assumption that a Windows 2000 or higher Domain is already in place and functional. If this is not the case, the Customer is required to provide all necessary equipment and services for such implementation. Item 2: The Customer shall provide a certified TCP /IP network with all communications equipment and any other required components. The cabling of this network, installation of punch down panels, hubs, routers, etc. will be the responsibility of the Customer. Additionally, the Customer is responsible for acquiring software that is needed for monitoring and maintaining the network. Page 10 of 25 Item 3: SunGard Public Sector always recommends the highest performance connection for all LAN and WAN connections. Listed below are SunGard Public Sector's recommendations in order of highest throughput: a. 1 Gb CAT5 (LAN) or Fiber (WAN) b. 100 Mb CAT5 (LAN) or Fiber (WAN) c. 10 Mb CAT5 (LAN) or Fiber (WAN) d. Line of Site Technology Item 4: If applicable, all RMS /JMS Workstations must be connected to a 10 Mb /sec or faster TCP /IP LAN. SunGard Public Sector recommends a 100 Mb /sec Switched LAN for optimum performance. Item 5: If applicable, all CAD Workstations must be connected to a dedicated 100 Mb /sec switched TCP /IP LAN. Item 6: The Customer is responsible for the physical placement of all CAD and /or RMS /JMS workstations and certifying that they are operational on the Customer's network. SunGard Public Sector will load our CAD and /or RMS /JMS software on up to five (5) CAD and /or RMS /JMS workstations and train the Customer on the loading process. Item 7: SunGard Public Sector's CAD Application Software interfaces with the E911 telephone switch via an RS -232 Serial Cable. The Customer must provide this cable (with accurate pin -outs) to connect their E911 ALI Controller's CAD Port to the SunGard Services Workstation's serial port. The maximum length of this cable is 50 feet. In the event that a single CAD Server is servicing multiple communication centers (one CAD Server and multiple E911 ALI sources), a SunGard Public Sector Services Workstation will be required for each PSAP for proper ALI functionality. The Customer must also provide SunGard Public Sector with accurate ALI interface data formats from their E911 Vendor. Item 8: For Customers that are acquiring SunGard Public Sector's Message Switch, the Customer is responsible for all of the associated costs for communication with the State /NCIC networks. This may include the following: i. Dedicated Line H. Any encryption to meet State and FBI requirements iii. DSU to State iv. Associated Installation Charges v. Monthly Charges vi. Surcharges by State Item 9: The Customer shall implement an Uninterruptible Power Supply (UPS) system for all servers and all CAD workstations. This can be at the machine level or at the site level. SunGard Public Sector recommends the use of an enterprise level Master UPS and external generator for full power backup. Item 10: SunGard Public Sector software is designed for use with laser jet printers for report output in order to utilize the wider margins available. Report output on non -laser printers (inkjet, dot - matrix, etc.) may be adequate, but is not guaranteed by SunGard Public Sector. Page 11 of 25 DESCRIPTIONS: Part Number: CAD -T2 Description: BASE COMPUTER AIDED DISPATCH SYSTEM TIER -2 Long Description: Computer Aided Dispatch Includes: Single- Jurisdictional CAD for Police, t=ire, andfor EMS Call Taking and Dispatching Functions Tabular Goo -File Subsystem (without maps) Business and Sites Subsystem Unit Recommendation Subsystem Premise /Alert and Hotspots Subsystems Three (3) Call Taker /Dispatcher Console Licenses Part Number: CAD -CON Description: ADDITIONAL CAD CONSOLE LICENSE Long Description: An additional license, in addition to the number of console licenses in the base CAD system, is required for each call taker and dispatch console /workstation to operate the CAD system. Part Number: CAD -MAP Description: FIRST CAD MAP DISPLAY AND MAP MAINTENANCE SOFTWARE LICENSE Long Description: First OASIS Map Display and Map Maintenance Software License for a CAD Workstation Includes: Pin Mapping of Calls for Service Data Map Editing and Maintenance software (training not included) Map Display for One Workstation This does not include any GIS data, related attribute data, ortho photography or digitizing services. Should the Customer elect to maintain their maps with OASIS, they should use this license exclusively as a map editor and not as a CAD display license. Therefore, another CAD Map Display license would be required for the first CAD workstation. Part Number: CAD -MAPD Description: ADDITIONAL CAD MAP DISPLAY LICENSE Long Description: An additional license, in addition to the number of map console licenses in the base CAD system, is required for each additional call taker and dispatch console /workstation to display maps with the CAD system. Each license represents one Workstation, not concurrent user. Part Number: MCT -MIS Description: LAN CLIENT LICENSE FOR MESSAGE SWITCH Long Description: A client license is required for each CAD, RMS or JMS workstation connected to the Customer's LAN or WAN to access SunGard Public Sector Message Switch. The Message Switch Client provides the following functions: Workstation -to- workstation messaging Mobile -to- workstation messaging (if mobile applications are licensed) SunGard Public Sector's standard State /NCIC queries Part Number: CAD -MRM Description: CAD RESOURCE MONITOR DISPLAY LICENSE WITH MAPS Long Description: CAD Resource Monitor (CRM) with maps is a limited read only version of CAD that allows the Customer to view CAD activity and various calls for service reports. CRM requires that the workstation be connected to minimally a 100 MB LAN. The quantity of one (1) means one workstation software license. To have this product with mapping functionality, base CAD maps must be operational with the CAD System. Part Number: CAD - PROJ -MGNT Description: CAD PROJECT MANAGEMENT Long Description: CAD project management includes professional services from SunGard Public Sector for project coordination and project management. The project management fee also includes coordinating with the Customer's project manager all SunGard Public Sector related deliveries such as application software, implementation services, and schedubng of SunGard Public Sector's resources with the Customer. Part Number: CAD -INST Description: BASE CAD SOFTWARE INSTALLATION Long Description: The CAD installation includes the installation of SunGard Public Sector's standard CAD application software on the Customer's server(s). This price includes the configuration of up to three (3) CAD Page 12 of 25 workstations on the Customer's LAN for SunGard Public Sector's application software. SunGard Public Sector prefers the CAD server(s) to be shipped to SunGard Public Sector's office in High Point, NC to provide these services. Unless Otherwise stated within the quote, the Customer will install and configure the operating system software (Windows 2000 or higher), install all 3rd party software (i.e. Vedtas Open File Manager, PC Anywhere and FoxPro) on the respective file servers and workstations using SunGard Public Sector's setup configuration. Customer is responsible for installation and configuration of the Local Area Network. SunGard Public Sector can provide an optional quote to provide the above listed services. Part Number: CAD -IMPL Description: BASE CAD SOFTWARE IMPLEMENTATION Long Description: The CAD Implementation includes Quality Assurance, Audits, and Go Live Assistance. Four (4) days of QA services to assist with the CAD implementation. Four (4) days to review Customer's data at SunGard Public Sector's office during the project. Reviews occur at 10 %, 50% and 90% of completion of the Customer building their CAD support files. Three (3) SunGard Public Sector professionals (1 QA, i Training, and 1 Technical Services) to be on -site for up to two (2) days when the base CAD System goes live as determined by the project plan. Part Number: CAD -MNT -TRN Description: CAD MAINTENANCE TRAINING Long Description: Training for key personnel and system administrators (4 -6 people max.) responsible for system configuration (including setting codes to reflect agency business practices) and maintenance. SunGard Public Sector recommends scheduling this training at company headquarters in High Point, NC. If Customer requests on -site training, the Customer is responsible for setting up a suitable training environment following guidelines provided by SunGard Public Sector. Part Number: CAD -USR -TRN Description: CAD USER TRAINING Long Description: Training for end -users (10 people max.) on base CAD. Topics include navigation, call - processing, dispatching, searching, and reporting. Part Number: CAD - MAP -CONV Description: MAP BASED GEOFILE GENERATION Loring Description: This service includes: Programming and consulting services to assist the customer in generating the initial CAD Geo -File centerline in SunGard Public Sector's proprietary (OASIS) format. " Programming and consultation services to assist the customer in generating the initial polygon and general view layers in SunGard Public Sector's proprietary (OASIS) format. " Programming and consultation services to assist the customer in generating an ortho photography layer. Ottho photographs are aerial pictures that can be displayed as a mapping layer. SunGard Public Sector will assemble the ortho tiles and create a reference database file that will be used by the SunGard Public Sector product line. SunGard Public Sector will install the ortho's on the client's CAD Server. Accepted ortho files formates are SID, TIFF, JPG and BMP. The customer is responsible for providing ortho source files to SunGard Public Sector. ,I SunGard Public Sector will perform three (3) detailed reviews of the customer's centerline data at SunGard Public Sector's office during project implementation. The objective of this review is to identify suspicious data elements in the customer's centerline that may be of issue when used with CAD. Examples include missing ranges, overlapping addresses, reversed ranges, etc. The customer is provided with a summary report and supplemental Excel reports that help identify the suspicious data. These audits are only a tool to be used by the customer and are. not intended to be a substitute for customer data testing and verification. Audits occur at 10 %. 50% and 90% of project completion. Additional requested audits are subject to additional professional charges. Special Notes 11 SunGard Public Sector supports converting ESRI E00, ESRI Shape or Mapinfo source data. This service assumes the customer provides SunGard Public Sector all required GIS layers and associated data elements (attribute data) and that SunGard Public Sector is not required to provide any digitizing services. This is an estimate of the services needed, to determine the final conversion costs SunGard Public Sector would need to first evaluate the customer's GIS data. All delays In the project caused by defects of data will be the sole responsibility of the Customer. SunGard Public Sector shall not assume any liability for any and all errors associated with the converted GIS resources. " The customer is responsible to correct all errors and ensuring the accuracy of all GIS provided data. " The customer is responsible to digitize all required map layers to support the public safety GIS -based CAD and RMS subsystems. " The customer is responsible for the validation of all map line work, attribute information and related data as well as providing resources to field verify all of the GIS data. NOTICE OF SUNGARD PUBLIC SECTOR'S DEPENDENCY ON CUSTOMER'S GIS DEPARTMENT: Page 13 of 25 5u nGard Public Sectors ability to provide conversion e Cusices tomerlproVd to n9 SugnGard Public Sector with heGIS), maps or geographic analysts' etc" is contingent Resource Guide that is resources ntdo data defined of as an Exhibit. Sctor's CAD Map incorporated Block The Customer shall provide SunG add Public Sector with a centerline file that contains the following: ranges (address ranges are required) Street names Street prefixes Street suffixes Code ARCINFO) JurisdictionlCity segment (referred to as ARCS by XIY Coordinate Pairs for each street seg d for the accuracy of all attribute data The Customer is responsible for the accuracy of the street inventory an associated with street segments. Examples of such accuracy include: Missing streets Missing street segments Missing intersections a etc. Errors in street names, street prefixes, street type, Part Number: CAD - PROF -ADD specialists. Services may Description: ADDITIONAL provided by PROFESSIONAL d Public Sector product or training system analysis, or consulting Long Description: Services provided by include, but are not limited to, add -on module training, refresher - y— Part Number: RMS- SASE -20 GE Description: BAST= RECORDS MANAMENT SYSTEM - 20 WORKSTATION Microsoft's Windows 2000 Lon Description: SunGard Public Sector's Client Server Version of RMS (requires g Server or higher) includes: Incidentloffense Module CrimeMatch Reporting Arrest Module Warrants Module UCR Property Management Master Name Module Master Vehicle Module Master Location Module (Requires either tabular or GIS -based Geo -File Module be Licensed Case Management Module Daily Bulletin Employee Demographics Module Off Duty Emptoyment Tracking Module Standard Traffic Citation Module Standard Traffic Warning Module Miscellaneous Cash Receipts Module State Specific IBR or UCR Reporting Module Field Contact Module- �_-- ����__ -_� _�- _ - - - - -- -- - Part Number: RMS - ACCIDENT -20 Description: BASIC ACCIDENT MODULE - 20 WORKSTATION ure Lan Description: The Accident Module provides the ari ability to aPt state esp specific form for printing Long and g crash diagrams from accidents and replicate f Part Number: RMS -WIZ BASE part Number: ACCIDENT WIZARD BASE SERVER LICENSE Long Description: ACC This provides the Accident Drawing of ordse server License. This module is required to provide L g the ability to use the wizard on any workstation, - Part Number: RMS -CA -ides the ability to Pin map Description: CRIME ANALYSIS MODULE eo ra hic polygon regions. This application modules simultaneously and � Lon Description: The Crime Analysis M duce pro gh crime areas within defined geographic go p agencies w it powerful 9 product includes several forecasting and time series eatures will provide es tools. These in identifying investigative information that can save personnel hours and assist fying resource deployment strategies based upon historical events. Site license for Crime Analysis (pin mapping multiple modules, Time Analysis and ComSt Page 14 of 25 Part Number: RMS -RSW -S Description. RESIDENTIAL SECURITY WATCH MODULE - 5 WORKSTATION Long Description: This module records are recorded for elach special I cation. Module interfaces witlailSun Gaord monitoring The results of officer's patrol activities GADS stem to notif' CPO -2C unicator of existin active Residential Securit Check at a particular location. Part Number: RMS -MA Description: RMS MAP DISPLAY e ailiNDPIN in map locations from ESunGard Public Sector's or's PISTOL Records Long Description: Provides Y in Geo -file generation and a license of Management System searches and view multiple layers. Re from Map g the first map view. This requirement may be filled by mapping -� Part Number: RMS- NTF -20 Description: NOTIFICATION MODULE 20 WORKSTATION Long Description: The Notification 'm module allows occurred user tRMS create Such activities that ght include lude a person viewing a when certain data - related activit record, changing a specific data element on a record, ooron the recipients' ents' desktop at login and at ulser defined optional audible alert, notification 'hits' will be displayed intervals during the user session. This module requires an additional day of training. Part Number: RMS -P &E -5 Description: PROPERTY AND EVIDENCE MODULE - 5 WORKSTATION Long Description: Includes software to how track and d keep software and hardware are lnot included. a environment. The software is bar code complia - -- - ---..------- - - - - -- ----- Part Number: RMS -BAR HOST -5 Description: BAR CODING SERVER LICENSE - 5 WORKSTATION st server and the Property and Evidence Long Description: Bar - Coding Host allows client to communicate to ho module, _ " ^ - °- Part Number: RMS-BAR-CLIENT Description: BAR CODING HANDHELD CLIENT LICENSE (EACH) inventory Long Description: SunGard Public Seddispositions, o's -codin �I'ofcustodytransactionst and following business functions: Batch processing, including transfers, functions. License is per workstation. Part Number: RMS -P2P Description: POLICE TO POLICE INTERNET DATA SHARING application is a browser based solution that Long Description. SunGard Public SeGtO Police fro Police (P2P) app' enables public safety agencies to share information from their Records Management System while maintaining complete control over their own RMS. Currently, this functionality includes: Base Name Query Base Incident Query Base Pawn Query Base Vehicle Query Base Property Query Mugshots with Line -ups views of many involvements Basic first -level involvements plus detail page Each Site must provide the following; roved by SunGard Public 5ectar. Each site must have a coast l that is app Each si #e must have a constant Internet connection to a Windows 2(7017 Workstation or server (minimum 255kbps Bandwidth), na# a dial -up to host their data. Each site must provide PCAnywhere access to the desktop of the server above for SunGard Public Sector to support via the Internet. Part Number: RMS- TRAIN -5 Description: TRAINING MODULE - 5 WORKSTATION Long Description: The Training Module records employees' training nd earned tit its in the agency, including courses taken, earned certifications, including re- certification tracking, Part Number: RMS - PROJ -MGNT Description: PROJECT MANAGEMENT FOR RMS third Long Description: Includes professional services from, Public Sector for management oversight an coordination with the customer=s project management, SunGard Public Sector's internal resources and any Page 15 of 25 mentation services, and scheduling of SunGard Public Sector's arty vendors. Includes coordinating with the customer's project manager all SunGard Public Sector relate p application software, imp deliveries such as app resources with the customer. Part Number: RMS -INST Description: SASE RMS SOFTWARE INSTALLATION CHARGES ro riate databases. Also includes the installation Long Description: includes setting up the server with sand app p operational within the Custome> s of the base RMS and P2P application software on the server. This service also includes the configuration of up o five (5) RMS workstations for the RMS application software once on site and op the software on the remaining workstations. SunGard Public sector install the system administrator on this procedure so that they are self- network. sufficient in this area and they can Part Number: RMS -IMPL Description: BASE RMS SOFTWARE IMPLEMENTATION during implementation, and Go Live Assistance, cte Reviews occur IMPLEMENTATION CHARGE Long Description: This includes Audit, Support files. Three (3) days to review Customer's data at SunGard Public Sector's office during the pros 10 %, 50 % and 90% of completion of the Customer building their RMS #o be on for up to two (2j days each when the Two (2) days of QA support . far assistance with implementation. Two (3) SunGard Public Sector professionals (1 QA, 2 Training) base RMS System goes live as determined by the project plan, � Part Number: RMS -MNT -TRN Description: RMS MAINTENANCE TRAINING personnel (4 -6 people max.) responsible for system cedes reflecting agency business practices) and maintenance, Topics include Long ❑escriptian: Training for system administrators and key configuration (including setting selecting application settings and building code is tables. Class ing atucompany headquarters in high Point, NC. If onsibie for setting up a suitable training environment SunGard Public Sector recommends schadufng Customer requests on -site training, the Customer is resp following guidelines provided by SunGard Public Sector. Part Number: RMS- TTT-TRN staff for Description: RMS TRAIN THETRAINER TRAINING days of TRAINER training and assistance designed to prepare agency training Long Description: Nine (g) y Specialist Pro 4 days of instruction on RMS followed by 4 days of conducting RMS User Training. Training Sp p consulting, including observing and providing feedback to agency trainers, and 1 day for se -up. Part Number: RMS- ADD -TRN MODULE USER TRAINING Description: RMS ADD -ON RMS- ACCIDENT 2 Day 1 RMS -NTF 1 Day Day RMS -P &E 1/2 RMS -TRAIN Day RMS -BAR- CLIENT 1 Day RMS -CA 1 Day 1/2 Day RMS -RSW Modules to include: Training r Add-On Long Description: RMS- ACCIDENT 2 RMS 1 RMS -NTF 1 Day Day RMS -P &E 1/2 RMS -TRAIN Day RMS -BAR- CLIENT 1 Day RMS -CA l 1/2 Day Day RMS -RSW ------- Part Number: MCT -SWI Description: STATE /NCIC MESSAGING SOFTWARE Long Description: The Message Switcefsoftw re incl des a query system rfvia the stet esyst m Application to the Stat SunGard Public Sector e computer syst n The Message Switch will allow for the following functions: Workstation-to-Workstation nerface directly from messaging the Data Entry window State /NCIC query an license plates from CAD Automatic State /NCIC query queue Responses from the State will come back to the user in the message q Page 16 of 25 The Message Switch must ork oni. PC AnyywOhere and an external due to on Client Access Message Switch License limitations of the wor tatiorts basic State /NCIC queries. All State /NCIC data entry functions must be server. The Message Switch supports performed with state supplied software or technology. ,--_----------- - Part Number: MGT -BMS T2 support up to 50 Mobile Description: BASE M0131LE SERVER SOFTWARE S to 50 Mobile Server so S Long Description: Server license of SunGard Public Sectors i(e users). Se Mobile Server processes all mobile Units registered on the Message Switch (not concurrent mobile users). inquiries to SunGard Public Sector's CAD and RMS databases. Part Number: MCT - CLIENT Description: MCT CLIENT - DIGITAL DISPATCH remises and call information, Long Description'. Workstation licenser fOf to -tae andlicar-to-console t -e for the messsgin9lbpe unit allows the unit to receive an transmit digital (silent) dispatching, magstripe reading (where available). It also performs local, state and iVCIC queries, and receives sears Information and mugshots from RMS. Any additional hardware must be purchased separately. Part Number: MGT-MAP Description MGT CLIENT - MAPS mobile Long 'Description. Provides the ability rna officers lable in CAD. maps, also allows officers the oability nto pin map mobile event, and view multiple layers of the same p search results. This module is a prerequisite for SunGard Public Sector's Automatic Vehicle Locator (AVL Module. - Part Number: MGT- MFR -G'FF Description: MFR CLIENT - BASE INCIDENT /OFFENSE Long Description: The Incident/offense Q dulle mrobi mobile to Officers can also perform basic IBR or UCR edits on Supplement Reports and Fie Supplements and Field Contacts) Incident Reports. The Module provides a notes field in each Module (Incident, Supp to capture narrative. - - Part Number: MCT -MFR -ACC reports in Description: MFR CLIENT - ACCIDENT REPORTING Su prod's crash wizard and Microsoft Visio. Long Description: Allows officers using SunGard Public Sector's Mobile product to prepare traffic crash rep the field.` Accident diagram capability may be added by purchasing - Part Nurnber; RMS -WIZ- CLIENT Description: ACCIDENT WIZARD WORKSTATION LICENSE zard per workstation license. Visio 2000 standard edition Lang Description: This provides the Accident Drawing or higher is required on each workstation or laptop. Part Number: MGT-MFR-ARREST Description: MFR CLIENT - ARREST rs Long Description: The Arrest Mole gown Module inIRMSunGard Public Sector's Mobile product to capture data for SunGard Public Sectors standard the state form and can print in the car. In some states, this Module does repr Part Number: MGT - MFR -AFF Description: MFR CLIENT - ARREST AFFIDAVIT Long iescription: This client specific module is for the creation of the Arrest Affidavit from the field. The acres affidavit form may vary and must be approved by Product Management. data is transferred to the Arrest iodue within RMS. it allows for the remote printing of the affidavit. It does no include printing hardware. Each _ Part Number: MCT - MFR - CITATION Description: MFR CLIENT- CITATION Lang romtrie wri: The Citation chat on foorm. In some states, this Module Public Sector's reproduce he state form and can print data from the written state sit in the car. -------------------------------- I ----------------------- - -- -------•--------------------------------- - - - - -- Page 17 of 25 Part Number: MCT - MFR -MBLN- CLIENT Description: MFR CLIENT- MOBLAN VERSION Long Description: Provides the ability for the officer to enter Incident Reports, Supplement Reports, Field Contacts and Supervisory Review on the agency's RMS LAN. Officers can also perform basic IBR or UCR edits on Incident Reports. The Module provides a notes field in each module (Incident, Supplements and Field Contacts) to capture the narrative and also provides spell check capability. Part Number:: MCT -MFR- REV -T2 Description: REVIEW MODULE FOR FIELD REPORTING UP TO 50 WORKSTATIONS Long Description: The Field Review Module allows officers to submit reports wirelessly (via the RF Network) for supervisor review. The supervisor may then approve the report or deny the report and return the report (via the RF Network) to the officer for correction. Once approved, the reports are wlrOessly submitted to the agency's RMS. This module supports up to 50 Mobile Units registered in the Message Switch (not concurrent mobile users). Part Number: MCT -AVL -HOST Description: AVL SERVER HOST LICENSE Long Description: This is the CAD Server License of SunGard Public Sector OSSI's Automatic Vehicle Locator (AVL) software. Part Number: MCT -AVL -CAD Description: CAD CLIENT AVL LICENSE Long Description: SunGard Public Sector OSSI's Automatic Vehicle Locator (AVL) software for the CAD workstation allows the communicator to view /track /find mobile units in the field. This product requires that the customer purchase maps. Part Number: MCT -AVL- CLIENT Description: MCT CLIENT - AVL Long Description: SunGard Public Sector OSSI's Automatic Vehicle Locator (AVL) software for the mobile computer allows the user to have a "moving map display" in the vehicle and transmit their location back to CAD. CAD users are able to display and track vehicles equipped with SunGard Public Sector OSSI's AVL. Part Number: MCT - PROJ -MGNT Description: PROJECT MANAGEMENT SERVICES Long Description: Includes professional services from SunGard Public Sector for management oversight and coordination with the Customer's project management, SunGard Public Sector's internal resources and any third party vendors. Includes coordinating with the Customer's Project Manager all SunGard Public Sector related deliveries such as application software, implementation services, and scheduling of SunGard Public Sector's resources with the Customer. Part Number: MCT - SWI -INST Description: INSTALLATION OF BASE MESSAGE SWITCH Long Description: Installation and setup of SunGard Public Sector's Base Message Switch application software The Message Switch must run on Windows 2000 Server or higher. Part Number: -MCT- SWI -IMPL Description: IMPLEMENTATION OF BASE MESSAGE SWITCH Long Description: One (1) day of technical services to configure for State Access and to conduct Maintenance Training. Part Number: MGT-BMS -INST Description: INSTALLATION OF BASE MOBILE SERVER SOFTWARE Long Description: Installation of the base mobile server software includes configuration, setup, and testing on Customer's server for mobile applications. Two (2) days of technical services for server build, ensure communications are working, connect to the message switch, and configure with mobile communications. One (1) day of QA services for application support and configuration to other applications. Also includes Maintenance Training and the installation of the digital dispatch /Mobile Field Reporting application software on up to five (5) mobile computers. Page 18 of 25 Pail Number: MCT -IMPL Description: MOBILE IMPLEMENTATION SERVICES tern Long Description: SunGard Pubt�C tables Sector technical built This includes a SunGard Public Sector representative on site administrator training and the code the day MCT goes live. Includes two (2) days of on Technical Services; two (2) days of QA testing prior to user training; and one (1) day of day of on --site go -live. basis. If SunGard Public Sector provides less than a All implementation services are billed on a daily service, it will be billed at the full daily rate. Part Number: MFR -IMPL Description: IMPLEMENTAtl ION f QA services t ItesDt MFR- Part Long Description: Two (2) Y icesto test Part Number: MFR -INST Description: INSTALLATION MOBILE FIELD REPORTING FR. Includes install and con Long Description: Two (2) days of QA services to install and configure Mfiguration o add on modules. - ---- Part Number: MFR -MNT -TRN Description: MOBILE FIELD REPORT admin st at rs and key personnel (4 -6 people Max,) responsible for system Long Description: Trainisetting configuration (including codes reflecting agency business submission an approvalI and keys interactions setting up the MFR application on the server and laptops, rep - with RIMS -- Part Number: MCT -TTT -TRN Description: MCT TRAIN THE TRAINER TRAINING of set-up, one (1) Long Description: Four (4) days of on -site training assistance designed ecial stt provides one agency 1) day o staff or conducting MGT User Training. SunGard Public Sector Training Sp day of Instruction on MCT followed by two (2) days of consulting, including observing and providing feedback to agency trainers. - Part Number: MFR -TTT TRN s of on training and assistance designed to prepare agency of set-up, staff Description: MOF3ILE MELD REPORTING TRAIN THE TRAINER TRAINING Long Description: Seven (y') day of on d Public Sector Training Specialist provides one (1) Y t` MFR User Training. f consulting including observing and providing conduc ang (3) days of instruction on MFR followed by three (3} ays o feedback to agency trainers- –_— Part Number: MCT - ADD -TIN MULE USER TIRAINING Description: MFR ADD OR ACD MCT - MFR - ARREST 112 MFR - CITATION 112 Day Day MCT - Training for MFR Add-on Modules to include: Long Description: MCT -MFR --ACC I 112 Day Day MCT -MFR- ARREST MCT- MFR - CITATION 112 Day - __-.. ------ � -�_ Part Number: MCT - CLIENT -INST Description: INSTALLATION OF DIGITAL DIS ration and CLIENT Long Description: includes installation, co nfguration and testing of MCT and MFR modules. Part Number: MCT - AVL -SERV Description: AVL 1NSTALLA LION A� installation and training of AVL. Long (4- One day on setting up and maintaining AVL, administrators (4 -6 people max.) people max.) on using the application. Page 19 of 25 Training includes instruction for system as well as instruction for end -users (10 Part Number: TCH-INSTALL- ONSITE Description: On-Site Installation for Application Servers Long Description: The SunGard Public Sector Onsite Implementation Services include: - Final OSSI software application configurations Final third party application configurations Configuration of hardware on the customers network and domain - SA Review and training to cover all hardware and software configurations. ows 2000 or funsAgreement is is not the case, the customeris equkired to provide allgneces necessary pment already services and functional. If t such implementation. All implementation services are billed on a daily basis. If SunGard Public Sector provides less than a day of service, it will be billed at the full daily rate. Services do not include Travel and Living. Number of Software Supplements Attached: 3 Page 20 of 25 GIS SOFTWARE SUPPLEMENT Customer is solely responsible for providing SunGard Public Sector with accurate and complete data in connection with any Component Systems and SunGard Public Sector services relating to Geographic Information Systems ( "GIS "), maps or other geographic analysis. Customer must provide SunGard Public Sector with accurate GIS resources and accurate data in an ASCII EOO format file or Shape (SHP) format file for street centerlines containing: Block ranges (address ranges are required) Street names Street prefixes Street suffixes Jurisdiction /City Code X/Y Coordinate pairs for each street segment (referred to as "ARCS" by ARCINFO) Customer, and not SunGard Public Sector, is solely responsible for the accuracy of Customer's street inventory and all attribute data associated with street segments. Common data errors and inaccuracies include: Missing streets Missing street segments Missing intersections Errors in street names, street prefixes and street type Without limiting Customer's obligation to provide accurate data, SunGard Public Sector will return to Customer a list of the logical errors discovered by SunGard Public Sector when Customer's street inventory and attribute data are reviewed by SunGard Public Sector's editing /data validation utility tool ( "Validation Tool "). The Validation Tool checks for the following logical errors: Address range undershoots Address range overshoots Missing street names Missing street ranges Customer, and not SunGard Public Sector, is solely responsible for correcting all errors and ensuring the accuracy of all GIS provided data. Customer is additionally responsible to digitize all required map layers to support the Public Safety GIS -based CAD and RMS subsystems. Page 21 of 25 DATA ACCESS SUBSCRIPTION SUPPLEMENT 1. Additional Definitions. "Agency" means any law enforcement organization that hosts an Agency Database on its own computer system and that makes its Agency Database available for query and retrieval access by other law enforcement agencies having a public service interest in obtaining the information contained on that Agency Database. "Agency Database" means a compilation of data related to law enforcement, public safety or emergency activities, events or records, made available by an Agency for remote, electronic access. Each Agency maintains sole control over the nature and extent of access to its own Agency Databases. "Data Sharing Network" means the combination of hardware, software and Agency Databases that enable Agencies to exchange data electronically through Internet protocols. "Security System" means the combination of a User ID, an Agency Code and a password that uniquely identifies each individual using the Data Sharing Network, and that is required in order for such individual to obtain access to the Server and Agency Databases via the Server. "Server" means the computer system maintained and operated by SunGard Public Sector Public Sector, and through which Users obtain remote access to Agency Databases. "User" means Customer, and includes for purposes of this Supplement the User's employees and agents on a "need to know" basis. Where the Exhibit 1 to which this Supplement is attached identifies a limitation on the number of "Sworn Officers," the term "User" shall mean only that quantity of sworn police officers or State /NCIC query- certified officers employed by User. For the avoidance of doubt, no license is deemed granted to any person meeting the definition of "User" other than Customer itself. The right that any other User acting for on behalf of Customer has pursuant to this Supplement is derivative of Customer's right of use. 2. Access Subscription to Data Sharing Network. In connection with Customer's license to use the RMS Component Systems as otherwise provided for in the Agreement, Customer, as the "User," is also obtaining a subscription to access and use the Data Sharing Network, subject to the following additional terms and restrictions: a. For the term provided for in Section 2(b) below, Customer will have the right to access the Server to participate in and use the Data Sharing Network. Customer's subscription to use the Data Sharing Network (the "Subscription ") permits Customer to send queries and to receive information from Agency Databases made available by other participating Agencies. In connection with the Subscription:; i. User may create on -line or printed reports of information retrieved from Agency Databases, and reproduce, reformat, print, display and distribute internally such reports, consistent with User's normal internal procedures. ii. Notwithstanding the foregoing, User is prohibited from copying, distributing or displaying any information obtained from the Data Sharing Network for commercial sale, redistribution, broadcast or transfer, or to otherwise use such information in breach of any duty of confidentiality or privacy; and further, User is prohibited from allowing any other person or entity from using the information in any manner that is prohibited by the terms of this Supplement. iii. User shall not, nor authorize or enable anyone else to, access the Server or use the Software or Data Sharing Network except as expressly permitted in this Supplement. Page 22 of 25 b. The Subscription will be co- terminus with the term during which Customer is a subscriber to "Improvements" for the Baseline RMS Component Systems pursuant to the Software Maintenance Agreement entered into by the parties on or about the Execution Date. For the avoidance of doubt, neither Customer nor any User having access to the Data Sharing Network pursuant to Customer's Subscription will have any right to access the Data Sharing Network if Customer is no longer a subscriber to Improvements for the Baseline RMS Component Systems pursuant to the Software Maintenance Agreement. 3. Security System. User has sole responsibility and liability for the use and security of all user IDs, Agency Codes and passwords provided by it to any individual. User will comply with all policies and procedures established by SunGard Public Sector Public Sector from time to time related to the issuance, validation and use of individual passwords. User will promptly notify SunGard Public Sector Public Sector of the identity of the individual assigned to a particular password, of the cancellation or expiration of a password, and of the loss or misuse of any password or other Security System element. All passwords are subject to cancellation or suspension by SunGard Public Sector Public Sector at any time and without notice, if SunGard Public Sector Public Sector has reason to believe that a password has been or is being utilized in any manner or for any purpose not expressly authorized under this Supplement. 4. Services. Each Agency Database and all information available through the Data Sharing Network is created by and is under the care, custody and control of, the individual Agencies that makes the same available to the Data Sharing Network. SUNGARD PUBLIC SECTOR PUBLIC SECTOR DISCLAIMS ALL RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE CONTENT OF ANY AGENCY DATABASE OR RETRIEVED INFORMATION, FOR ITS ACCURACY, COMPLETENESS OR TIMELINESS OR FOR ANY DELAY OR NON - AVAILABILITY OF THE DATA SHARING NETWORK OR ANY DATA THEREIN. USER ACCEPTS SOLE RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS AND TIMELINESS OF SUCH CONTENT, FOR ITS AVAILABILITY AND FOR ANY USE TO WHICH IT IS PUT OR RESULTS OBTAINED THEREFROM. CUSTOMER AGREES AND UNDERSTANDS THAT SUNGARD PUBLIC SECTOR MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION USED, ACCESSED OR PLACED ON ANY AGENCY DATABASE, AND SUNGARD PUBLIC SECTOR EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION THEREWITH. 5. User Responsibilities. a. User is responsible for procuring, installing, and operating the individual computers used to access the Server, for providing a proper physical environment and software utilities (including PC Anywhere, as it may be updated from time to time) for such computers, for obtaining and installing an SunGard Public Sector - approved firewall and security system, for securing a dedicated Internet connection sufficient to meet User's data access needs and for providing such training and ongoing support services for individual users. b. User is solely responsible for adopting and maintaining procedures and security measures in connection with its use of the Data Sharing Network, any Agency Databases that it maintains, and in connection with any Agency Databases that it accesses. SunGard Public Sector has no responsibility and /or liability whatsoever for any: (1) security breaches or unauthorized access to the Data Sharing Network or to User's system, (2) interruption, delay, errors, or omissions of or in any Agency Database, or the results thereof, including (without limitation) examination and confirmation of data prior to use thereof, (3) provision for identification and correction of errors and omissions, (4) preparation and storage of backup data, and (5) replacement or reconstruction of lost or damaged data or media. User is advised to maintain alternative procedures for obtaining, as needed, information otherwise available through the Data Sharing Network. Page 23 of 25 c. User is responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any information or data obtained through the Data Sharing Network, including without limitation any confidentiality or privacy requirements. d. User shall not permit any third party to access or use the Software provided by SunGard Public Sector, nor shall User decompile, disassemble or reverse engineer any of the Software or data structures utilized by the Data Sharing Network or permit any third party to do so. e. User warrants and represents that it has sufficient right and authority to grant SunGard Public Sector and other users access to its Agency Databases, to cooperate with SunGard Public Sector, as necessary, in the performance of this Agreement and to authorize and permit SunGard Public Sector to perform all work required to allow the Data Sharing Network access to User's Agency Databases (if applicable according to Section 6). 6. Agency Database Sharing. As part of the Subscription, Customer, as User, agrees to make its Agency Databases available to the Data Sharing Network. User shall host such Agency Databases on its server and shall cooperate if and when SunGard Public Sector, at its sole discretion, implements minor modifications reasonably required to provide Agency Database compatibility with and accessibility to the Data Sharing Network. Notwithstanding the foregoing, this Section 6 is not applicable where User has purchased a Non -RMS (view only) license and shall not be sharing any data on the P2P network (querying data from other agencies only). Notwithstanding anything to the contrary, User grants SunGard Public Sector permission to use the information contained in User's Agency Database to demonstrate solely to other law enforcement personnel the capabilities of the Data Sharing Network for purposes of increasing the number of departments utilizing the Data Sharing Network. Page 24 of 25 PAY AGENT SUPPLEMENT 1. Additional Definitions. "Pay Agency Products" means the products and services of those vendors (in each case, a "Vendor ") that are identified in an Exhibit 1 (the "Pay Agency Products "). 2. Pay Agent Designation. Customer designates SunGard Public Sector as Customer's pay agent for data processing related purchases and acquisitions, for the sole and exclusive purpose of allowing SunGard Public Sector, on behalf of Customer, to make payment to each Vendor for Customer's procurement of the Pay Agency Products under the terms and conditions of agreements (each a "Vendor Agreement ") to be executed and made by and between Customer and Vendor. Customer covenants and agrees that it will promptly take all actions reasonably necessary to effect such designation of SunGard Public Sector as Customer's pay agent as provided for in this Section 2; and SunGard Public Sector covenants and agrees that, promptly after receipt of payment from Customer, SunGard Public Sector will make payment to each Vendor for Customer's procurement of the Pay Agency Products. 3. Pay Agency Products Procurement. SunGard Public Sector will, as soon as reasonably practicable, obtain for Customer, as Customer's pay agent, the Pay Agency Products from the Vendor, FOB Vendor's place of business, for use by Customer in each instance pursuant to the applicable Vendor Agreement. SunGard Public Sector will remit payments made to SunGard Public Sector by Customer promptly upon customary terms for the Pay Agency Products to the Vendor on behalf of Customer. CUSTOMER IS HEREBY ADVISED THAT VENDOR, AND NOT SUNGARD PUBLIC SECTOR, ASSUMES ALL RESPONSIBILITY FOR AND LIABILITY IN CONNECTION WITH THE PAY AGENCY PRODUCTS. SUNGARD PUBLIC SECTOR IS NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ARE BINDING UPON VENDOR OR TO ENGAGE IN ANY OTHER ACTS THAT ARE BINDING UPON VENDOR, EXCEPTING SPECIFICALLY THAT SUNGARD PUBLIC SECTOR IS AUTHORIZED TO REPRESENT THE FEES FOR THE PAY AGENCY PRODUCTS AS THE SAME IS PROVIDED FOR IN EXHIBIT 1 AND TO ACCEPT PAYMENT OF SUCH AMOUNTS FROM CUSTOMER ON BEHALF OF VENDOR. IN NO EVENT WILL SUNGARD PUBLIC SECTOR BE DEEMED TO HAVE TAKEN TITLE OR ANY SIMILAR RIGHT OR INTEREST IN OR OF ANY PAY AGENCY PRODUCTS IN THE CHAIN OF DISTRIBUTION TO CUSTOMER, AND TITLE OR SUCH SIMILAR RIGHT OR INTEREST IN OR TO THE PAY AGENCY PRODUCTS WILL BE DEEMED TO VEST IN CUSTOMER ONLY AS OTHERWISE PROVIDED FOR IN THE VENDOR AGREEMENT. 4. Term of Pay Agency. SunGard Public Sector's status as Customer's pay agent will expire promptly after SunGard Public Sector remits payment of the Pay Agency Products license fee to Vendor on behalf of Customer. 5. Disclaimer of Warranties. Customer agrees and understands that SUNGARD PUBLIC SECTOR MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO THE PAY AGENCY SOFTWARE. ALL WARRANTIES (IF ANY) ARE PROVIDED TO CUSTOMER BY VENDOR. SUNGARD PUBLIC SECTOR EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 6. LIMITATIONS OF LIABILITY. (a) LIMITED LIABILITY OF SUNGARD PUBLIC SECTOR. EXCEPT FOR ITS OBLIGATION TO REMIT PAYMENT RECEIVED FROM CUSTOMER TO THE VENDOR PURSUANT TO THIS AGREEMENT, SUNGARD PUBLIC SECTOR WILL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH THE PAY AGENCY SOFTWARE. IN NO EVENT WILL SUNGARD PUBLIC SECTOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND /OR OTHER DAMAGES WHATSOEVER, 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. Page 25 of 25 SunGard Public Sector Inc. 4000 OSSI Court - High Point, NC 27265 - Phone: (407) 365 -4217 - Fax: (407) 304 -4213 - Email: ibeasley @bteinc.com SUNGARD® Budgetary Quote PUBLIC � S E CTS R o �,{ �Lkf3t� �� _ Acct-Mgr; i3s_� 07l011 JhC1I3()1750c lcy - Qutite Pmp?red For: South 7vlrami Ff. , 6;11 3Ci 0.1']aT.)(Io MsErtincr I.) e QLV'ii�ta [ I?f7 Suritica Drive 5c�i:ili M Jaii)i FL -3:. 1A3 T � U�itPricw e { ai Ai tY : Part r�dpa. esczM n'n Majntenance BASE COMPUTER AIDED DISPATCH SYSTEM TIER -2 $48,100 $48,100 $8,658 7x24 1 CAD -T2 1 ADDITIONAL CAD CONSOLE LICENSE $3,900 $3,900 $702 7x24 CAD- CON -T2 FIRST CAD MAP DISPLAY AND MAP MAINTENANCE $4,500 $4,500 $810 7x24 I CAD- MAP -T2 SOFTWARE LICENSE ADDITIONAL CAD MAP DISPLAY LICENSE $1,500 $4,500 $810 7x24 3 GAD- MAPD -T2 4 LAN CLIENT LICENSE FOR MESSAGE SWITCH $300 $1,200 $216 7x24 MCT -MIS CAD RESOURCE MONITOR DISPLAY LICENSE WITH MAPS $1,000 $3,000 $540 7x24 3 CAD- MRM -T2 SubTotal: $65,200 CAD Ii4i6iuentation ;Services 1 CAD- PROJ -NIGNT CAD PROJECT MANAGEMENT $15,360 $15,360 - n/a 1 CAD -INST BASE CAD SOFTWARE INSTALLATION $4,200 $4,200 - n/a 1 CAD -IMPL BASE CAD SOFTWARE IMPLEMENTATION $18,880 $18,880 - n/a I CAD -MNT -TRN CAD MAINTENANCE TRAINING $6,400 $6,400 n/a 2 CAD -USR -TRN CAD USER TRAINING • $6,400 $12,800 - n/a CAD- MAP -CONV MAP BASED GEOFILE GENERATION $20,000 $20,000 n/a I GAD- PROF -ADD ADDITIONAL PROFESSIONAL SERVICES $640 $640 n/a SubTotal: $78,280 1 BASE RECORDS MANAGEMENT SYSTEM - 20 $38,950 $38,950 $6,232 5x11 RMS- BASE -20 WORKSTATION T`�•} �•.� -. 7 =SfSJ_L4?Ti- � t 7- a^�"•.IYS+�liir ��r'I`. --1 T]esrjiption �:ci'S- i`Y�.r';a5 'uni piiCe' xtendtci Annual. Qty t':ais Nurs be toduct l! Price Masnlenaiice 1 RMS- ACCIDENT -20 BASIC ACCIDENT MODULE - 20 WORKSTATION $3,500 $3,500 $560 5x11 1 RMS -WIZ -BASE ACCIDENT WIZARD BASE SERVER LICENSE $5,000 $5,000 $800 5x11 1 RMS -CA CRIME ANALYSIS MODULE $12,500 $12,500 $2,000 5x11 1 RMS- MAP -20 RIMS MAP DISPLAY AND PIN MAPPING LICENSE - 20 $4,000 $4,000 $640 5x11 WORKSTATION 1 RMS - NTF -20 NOTIFICATION MODULE - 20 WORKSTATION $6,800 $6,800 $1,088 5x11 1 RMS -P &E -5 PROPERTY AND EVIDENCE MODULE - 5 WORKSTATION $5,500 $5,500 $880 5x11 1 RIvIS -BAR HOST -5 BAR CODING SERVER LICENSE - 5 WORKSTATION $2,500 $2,500 $400 5x11 RMS -BAR- CLIENT BAR CODING HAND -HELD CLIENT LICENSE (EACH) $1,595 $1,595 $255 5x11 l RMS -P2P POLICE TO POLICE INTERNET DATA SHARING $0 $0 $0 5x11 1 RMS -RSW -5 RESIDENTIAL SECURITY WATCH MODULE - 5 $1,500 $1,500 $240 5x11 WORKSTATION 1 ANTS- TRAIN -5 TRAINING MODULE - 5 WORKSTATION $3,500 .$3,500 $560 5x11 SubTotal: $85,345 RMS Implementation 1 RIvIS- PROD -MGNT PROJECT MANAGEMENT FOR RMS $15,360 $15,360 - n/a 1 RMS -INST BASE RMS SOFTWARE INSTALLATION CHARGES $7,000 $7,000 _ n/a 1 RMS -IMPL BASE RIvIS SOFTWARE IDIPLEMENTATION CHARGES $14,920 $14,920 _ n/a i RMS -MNT -TRN RIviS MAINTENANCE TRAINING $6,400 $6,400 - n/a 1 RMS -TTT -TRN RMS TRAIN THE TRAINER TRAINING $11,520 $11,520 - n/a 1 RMS -ADD -TRN RMS ADD -ON MODULE USER TRAINING $7,040 $7,040 n/a RMS- ACCIDENT 1/2 Day RIMS -NTF 1 Day RIvIS -P &E 1 Day RMS -TRAIN 1/2 Day RMS -BAR- CLIENT 1 Day RN1S -CA 1 Day RIv1S -.RSW 1/2 Day SubTotal: $62,240 Mbbile Computing 1 MCT -SWI STATE /NCIC MESSAGING SOFTWARE $20,000 $20,000 $3,600 7x24 1 bICT- BMS -T2 BASE MOBILE SERVER SOFTWARE UP TO 50 $20,000 $20,000 $3,600 7x24 WORKSTATIONS 40 MCT - CLIENT MCT CLIENT - DIGITAL DISPATCH $995 $39,800 $6,368 5x11 40 MCT -MAP MCT CLIENT - MAPS $200 $8,000 $1,280 5,01 SUNGARD °' PUBLIC SECTOR 7/6/2011 10:10:35 C)rr SJl JRGBQ1750 Page 2 of 4 fart Number Product. 1° mi-lption � ] � [ iuL. I itC2 I'.a[a•rr�cd `�J �I r�nrixx-al lvfnrr7ren�xce: ,ty . Pie 40 MCT- MFR -OFF I%4FR CLIENT - BASE INCIDF-.NT /OFFENSE $995 $39,800 $6,368 5x11 40 MCT- MFR -ACC MFR CLIENT - ACCIDENT REPORTING $500 $20,000 $3,200 5x11 40 RMS- WIZ - CLIENT ACCIDENT WIZARD WORKSTATION LICENSE $150 $6,000 $960 5x11 40 MCT- MFR - ARREST MFR CLIENT - ARREST $300 $12,000 $1,920 5x11 40 MCT- MFR -AFF MFR CLIENT - ARREST AFFIDAVIT $150 $6,000 $960 5x11 40 MCT -MFR- CITATION MFR CLIENT - CITATION $500 $20,000 $3,200 5x11 5 MCT- MFR- 1,'FBLN- CLIENT MFR CLIENT - MOBLAN VERSION $500 $2,500 $400 5x11 1 MCT- MFR - REV -T2 REVIEW MODULE FOR FIELD REPORTING UP TO 50 $17,500 $17,500 $2,800 5x11 WORKSTATIONS 1 MCT -AVL -HOST AVL SERVER HOST LICENSE $35,000 $35,000 $6,300 7x24 4 MCT -AVL -CAD CAD CLIENT AVL LICENSE $2,000 $8,000 $1,440 7x24 40 MCT - AVL - CLIENT MCT CLIENT - AVL $150 $6,000 $960 5x11 SubTotal: $260,600 Mobile Computing Implementation Services 1 ivICT- PROJ -MGNT PROJECT MANAGEMENT SERVICES $7,680 $7,680 - n/a 1 MCT - SWI -INST INSTALLATION OF BASF. MESSAGE SWITCH $2,800 $2,800 _ n/a I MCT- SWI -IMPL IMPLEMENTATION OF BASE MESSAGE SWITCH $1,400 $1,400 n/a 1 MCT -BMS -INST INSTALLATION OF BASE MOBILE SERVER SOFTWARE $4,200 $4,200 - n/a 1 MCT -IMPL MOBILE_ IIvFPLFI\,IENTATION SERVICES $7,000 $7,000 _ n/a 1 MFR -IMPL IMPLEMENTATION FOR MOBILE FIELD REPORTING $2,800 $2,800 _ n/a 1 MFR -INST INSTALLATION MOBILE FIELD REPORTING $2,800 $2,800 _ n/a I MFR -IVFNT -TRN MOBILE FIELD REPORTING MAINTENANCE TRAINING $1,280 $1,280 n/a 1 MCT -TTT-TRN MCT TRAIN THE TRAINER TRAINING $5,120 $5,120 _ n/a I MFR -TTT-TRN MOBILE FIELD REPORTING TRAIN THE TRAINER 58,960 $8,960 _ n/a TRAINING 1 MCT -ADD -TRN MFR ADD ON MODULI': USER TRAINING $2,560 $2,560 n/a MCT- MFR -ACC 1 Day MCT -NIFR- ARREST 1/2 Day MCT- MFR - CITATION 1/2 Day I MCT- CLIENT -INST INSTALLATION OF DIGITAL DISPATCHING CLIENT $1,400 $1,400 1 MCT -AVL SERV AVI. INSTAIJ.ATION AND TRAINING $2,800 $2,800 n/a SubTotal: $50,800 7/6/2011 10:10:35 SUNGARD" P U B LI C 5 ECTO IR -- ossi JRGBQ1750 Page 3 of 4 � �� jY ��. ... _• �• -t N �' P.3.€ 1�ltrfill]�i` _ — :� '_� .,tL _ _�_. .... -. �_- :1:. "':: ..._�,. ... � 1. Yt3[luCt 1_l.CSC1J 7tii3t! r.=�_ —x.., � Unit 1?1i e t � € �•� li Tll-a- 1 _. J };iy t , Pric'c Malni nauce -Technical Services 2 TCH- INSTALL - ONSITE On-Site Installadon Co €• Applicadon 5eitiers $1,400 $2,800 _ n/a SubTotal: $2,800 Miscount 1 DISCOUNT DISCOUNT - $361,970 - $361,970 $0 SubTotal: - $361,970 Est hated Travel and Living Expen$es I CAD -TE TRAVEL EXPENSES FOR CAD SERVICES $6,675 $6,675 n/a I CAD -LF.. LIVING EXPENSES FOR CAD IMPLEMENTATION SERVICES $7,938 $7,938 n/a 1 RMS -TE TRAVEL EXPENSES FOR RMS IMPLEMENTATION $4,100 $4,100 n/a SERVICES 1 RMS -LE LIVING EXPENSES FOR MvIS IMPLEMENTATION SERVICES $4,860 $4,860 n/a I MCT -TF. TRAVEL EXPENSES FOR NICT IMPLEMENTATION $5,950 $5,950 n/a SERVICES 1 MCT -LE LIVING EXPENSES FOR IICT IMPLEMF_.NTATION SERVICES $6,642 $6,642 n/a SubTotal: $36,165 This quote it valid imtr109130111 Total:: $�79,4G11 . $68,747 This proposal does not include a data conversion. If a data conversion is required additional fees will apply. 7/6/2011 10:10:35 SUNGARD" PUBLIC SECTOR OcS1 JRGBQ1750 Page 4uF4