Res No 191-11-13505RESOLUTION NO.: 191. -11 -13505
A Resolution authorizing the City Manager to enter into a
Software Maintenance agreement with ExecutimeTM for the
sum of $18,750 for a five -year period, with an annual
maintenance fee payment of $3,750 to be paid from account
number 001 -1330 -513 -3450 Contractual Services
WHEREAS, the new ExecutimeTM time and attendance software will increase efficiency
related to payroll processing and time and attendance management; and
WHEREAS, the ExecutimeTM Software Maintenance Agreement is necessary for the
maintenance of the new ExecutimeTM time and attendance software
NOW, THEREFORE, BE IT RESOLVED 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 $18,750.00 with ExecutimeTM for Software Maintenance to be
paid annually in the amount of $3,750.00 from Account No. 001 - 1330 -513 -3450 beginning
November 1, 2012.
Section 2. That this resolution shall take effect immediately upon approval
PASSED AND ADOPTED this 1 st day of November 2011.
i
READ AND APPR ED AS TO FORM
LANGUAGE, EY CUTION AND
CITY
Approved
MAY
Commission Vote:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Beasley:
Yea
Commissioner Harris:
Yea
n��Xn
South Miami
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AIFAm�ICt ;
CITY OF SOUTH MIAMI
L o axp OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM zaoi
To: The Honorable Mayor & Members of the Cl Commission
Via: Hector Mirabile, Ph.D., City Manager
From: LaTasha Nickle, human Resources Director aft/
Date: October 26, 2011 Agenda Item No.:
0
Subject: ExecuTim6rm Software and Maintenance and CMI Time Management, LLC time clock
purchase
Request: Resolutions authorizing the City Manager to purchase ExecuTimeTM Time and
Attendance Software and enter into the related Purchase and Sales Agreement and
Software Support Agreement; and authorizing the City Manager to purchase
biometric time clocks from CMI Time Management, LLC.
ReasoWNeed: The City presently utilizes paper time cards and documents to record employee time and .
attendance, which requires the manual calculation of payroll. As proposed in the Human
Resources Department's budget, the use of the new biometric time clocks and related
software will reduce the amount of paper, consistent with the City's goal of becoming a
paperless workplace, and will improve effaciency,and accuracy in payroll management.
The City began studying the possibility of purchasing this equipment and software last
year. We have received and reviewed proposals from three companies offering similar
products and services. The proposals are attached; all sales representatives have
warranted that the pricing on the proposals presented are accurate and will be honored for
a purchase at this time.
Staff recommends the purchase of the ExecuTim6rm software and maintenance
agreement. ExecutimeTm is the only premier solution provider of time and attendance
software for SunGuard, the One Solution vendor. The City previously purchased and
installed OneSolution. The two payroll functions of the products are capable of being
launched together with minimal disruption. ExecuTime:m is also the most cost - efficient
proposal when compared with the comparable products.
Staff further recommends the purchase of the biometric time clocks from CMI Time
Management, Inc. The Genius clocks provided by CMI are the sole recommended time
clocks for the Executime m system. We propose purchasing direct from the vendor as a
more cost effective purchase option.
Backup Documentation:
VB' roposed resolutions
Proposed contracts from ExecuTimeTM
❑ Sole source letter from SunGuardTM
❑ Proposal from CMI Time Management, LLC
❑ Sole source letter from ExecutimeTx
❑ Proposals from KronosTM and ADPTm
ExecuTime Software, LLC
427 South Boston Avenue, Suite 707
Tulsa, OK 74103
ExecuTimen SOFTWARE SUPPORT AGREEMENT COVER
This Support Agreement ( "Agreement"), by and between ExecuTime Software, LLC, a Oklahoma Company
hereinafter referred to as ExecuTime Software, LLC, and City of South Miami, Ft.—hereinafter referred to
as "Licensee':
City of South Miami
ORGANIZATION NAME
6a 3Q �unss�t Drive
STREETADDRESS
�2th Miami FI 3143 (305)668 -2515
GITYISTATEIZIP TELEPHONE NUMBER
This Support Agreement applies to the ExecuTimen" Time and Attendance Software System.
The Support Fee for the Licensed Software is $
The Support Term is from 11/nv9n19 to 101410014
(initial Term. 12 MonthslAnnually. Support Fee will remain $3,750,00 and not be increased until 11/01/2016)
The computer with which the Licensed Software is to be used is known as the Designated Computer and is
identified as follows:
N/A Up to 250 N/A
Server Model Number of Employees Serial Number
The LICENSEE acknowledges that it has read this Agreement, the terms and conditions of which are set
forth on this page and in the ExecuTime Software, LLC Support Agreement Terms and Conditions
Document attached hereto, and understands it and agrees to be bound by its terms and conditions.
Further, the LICENSEE agrees that it is the complete and exclusive statement of the agreement between
the parties which supersedes all proposals or prior agreements, oral or written, and all other
communications between the parties relating to the subject matter of this Agreement. Notwithstanding
the foregoing, this Agreement is part of a Purchase and Sale Agreement between LICENSEE and
ExecuTime Software, LLC executed contemporaneoulsy herewith and is subject to its terms.
ExecuTime Software, LLC: LICENSEE:
Kevin Malone
Manager
Date'.
118103
sy:
Name:
Title:
Date:
1 of4
ExecuTime Software, LLC
LICENSEE SUPPORT AGREEMENT TERMS AND CONDITIONS
This Support Agreement will remain in force from the Commencement Date until the Support
Termination Date and will then be automatically extended for annual periods at the current fees. The
LICENSEE can terminate this Support Agreement at the end of any Support Period by returning the
invoice without payment. ( See paragraph 6 of this Support Agreement.) In addition, in the event the
parties are unable to reach agreement as to a Solution Design, either party may, upon notice to the other
party, terminate this Agreement without liability to the other party, as provided in the Purchase and Sale
Agreement between the parties.
2. ExecuTime Software, LLC will provide LICENSEE Licensed Software Support during ExecuTime
software, LLC's normal working hours, Monday — Friday 7:00am — 6:00 pm (CST) on a first -in, first -out
basis, based on problem severity ExecuTime Software, LLC will:
(a) Provide at ExecuTime Software, LLC's option and on ExecuTime Software,
LLC's schedule, periodic error correction and updates to the object code and /or
user documentation of the product so as to bring installed applications to a level
equivalent with that of the current marketed version of the Licensed Software.
(b) Clarify installation and operating instructions contained in the user
documentation delivered with the Licensed Software.
(c) Assist in the identification of solutions to operating problems being experienced
by the LICENSEE with the Licensed Software.
(d) Provide problem determination, investigation, and program error correction for
verified program errors in the Licensed Software and the Payroll Interface at no
additional charge to LICENSEE.
(e) Provide data repairs for LICENSEE files and records for data problems
CAUSED BY the ExecuTime Software, LLC product at no additional charge to
LICENSEE.
(f) Provide data repairs for LICENSEE files and records on a "best efforts' basis
for data problems NOT CAUSED BY the ExecuTtme Software, LLC product at
ExecuTime Software, LLC's normal hourly billing rate, currently $175.00 per
hour,
3. ExecuTime Software, LLC includes in the category "data problems" NOT CAUSED BY the ExecuTime
Software, LLC product, data corruption or integrity problems caused by, but not limited to the following:
(a) Equipment (other than the ExecuTime provided equipment)
malfunction or failure.
(b) Failure by LICENSEE to follow procedures and /or instructions contained in the
documentation provided with the product or in supplementary documentation
provided by ExecuTime Software, LLC.
(c) Failure by LICENSEE to follow accepted operating practices (for example,
failing to routinely prepare backup data files, powering off or interrupting
equipment while programs are executing, et(,,).
4. ExecuTime Software, LLC will take due care in responding to each request for LICENSEE Support to
assure that the LICENSEE is making proper use of the Licensed Software and that the Licensed
Software is operating properly.
ExecuTime Software, LLC will use its best efforts to locate and correct any identified Licensed
Software program defects reported by the LICENSEE.
118103 2 of 4
5. ExecuTime Software, LLC expressly excludes the following services from the Licensed Software
Support to be provided under this Support Agreement(other than those services purchased with this
Master Support Agreement):
(a) System configuration and Implementation
(b) Operator training
(c) On -site training and LICENSEE assistance visits
(d) Training classes
(e) Licensed software custom modifications,
(f) Support of any licensed software product other than the one indicated herein.
6. Payment in full of the appropriate LICENSEE Support Fee shown above must accompany this Support
Agreement and be received by ExecuTime Software, LLC prior to Commencement of Licensed
Software Support under this Support Agreement, An invoice for the applicable LICENSEE Support Fee
will be submitted by ExecuTime Software, LLC to LICENSEE prior to the end of each annual renewal
period. To cancel the annual renewal, LICENSEE must return the invoice indicating intent to discontinue
within (30) days of receipt.
7. All charges for shipments and mailing to ExecuTime Software, LLC are the responsibility of the
LICENSEE.
8. Reinstatement of this Support Agreement after having not been in force for sixty (60) days or less will be
made with no reinstatement charge retroactive to the date that the Support Agreement was terminated.
g, ExecuTime Software, LLC's liability for damages to the LICENSEE for any cause whatsoever and
regardless of the form of actions, whether in contract or in tort including negligence, shall be limited to
any actual charges incurred for up to twelve (12) months' Support Fee for the Licensed Software
indicated above. Such charges shall be those in effect for the Licensed Software when the cause of
action arose.
In no event will ExecuTime Software, LLC be liable for any damages caused by the LICENSEE's
representatives or for any lost revenues or other consequential damages, even if ExecuTime Software,
LLC has been advised of the possibility of such damages, or for any claim against the LICENSEE by any
party, except as otherwise agreed in the Agreement.
THE FOREGOING, WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
10. This Support Agreement and none of the services granted hereunder nor any of the Licensed Software
materials or copies thereof may be sub - licensed, assigned or transferred by the LICENSEE. Any
attempt to sub - license, assign or transfer any of the rights, duties or obligations under this Support
Agreement are void without the written consent of ExecuTime Software, LLC, which consent will not be
unreasonably withheld.
11. The terms and conditions of this Agreement may be modified by ExecuTime Software, LLC effective
on the date of automatic renewal by providing the LICENSEE with one month's prior written notice. Any
such modification will apply unless the LICENSEE exercises the option to terminate this Agreement,
Otherwise, this Agreement can only be modified by a written agreement duly signed by a person
authorized to sign agreements on behalf of the LICENSEE and ExecuTime Software,..LLC and
variance from the terms and conditions of the Agreement in any LICENSEE order or other modification
will be of no effect.
12, The LICENSEE represents that it is the Licensee of the Licensed Software under this. Support
Agreement via the Agreement effected directly with ExecuTime Software, LLC
118t03 3 of 4
11 ExecuTime Software, LLC's Licensed Software Support provided outside the scope of this Support
Agreement will be furnished at ExecuTime Software, LLC's applicable time and material billing rate and
terms then in effect,
14. Neither LICENSEE nor ExecuTime Software, LLC are responsible for failure to fulfill its obligations
under this Agreement due to causes beyond either party's reasonable control.
15. No actions, regardless of form arising out of this Support Agreement may be brought by either party
more than two (2) years after the cause of actions have arisen, or in the area of nonpayment, more than
two (2) years from the date of the last payment.
16. Any action of law, suit in equity or judicial proceeding for the enforcement of this Agreement or any
provision thereof shall be instituted only in the courts of the State of Florida and venue shall be in Miami -
Dade County, Florida.
It is mutually understood and agreed that this Support Agreement shall be governed by the taws of the
State of Oklahoma both as to interpretation and performance.
17. It is understood and agreed by the parties hereto that if any part, term, or provision of this Agreement is
by the courts held to be illegal or in conflict with any law of the state-where made, the validity of the
remaining portions or provisions shall not be affected and the rights and obligations of the parties shall
be construed and enforced as if the Support Agreement did not contain the particular part, term or
provision that is held to be invalid.
The parties agree that should either of them default in any of the covenants or agreements contained
herein, the prevailing party shall be entitled to all costs and expenses including a reasonable attorney's
fee which may arise or accrue from enforcing this Support Agreement in a court of law.
18. ExecuTime Software, LLC and LICENSEE agree that this Agreement and the relationship it
represents, requires the exchange of Confidential Information over the course of normal business,
Confidential Information is information not generally known by non -party personnel including, but not
limited to, the financial, marketing and other proprietary business information and LICENSEE's customer
data.
ExecuTime Software, LLC and LICENSEE further agree that, except as expressly authorized in writing
to advance by the other party, neither will copy or disclose Confidential Information to any third party
except its agents, consultants, contracted personnel or employees on a need to know basis and the
agents, consultants, contracted personnel or employees are under the same obligations of confidentiality
as those imposed on the parties hereunder with no further rights of disclosure of Confidential
Information.
Either party may use, copy, or disclose the Confidential Information to the extent required by any
subpoena or order of any government authority, or otherwise as required by law, provided that the
disclosing party shall give prompt notice to the other party of the circumstances.
118103 4 of 4
10, ►
w .sungardps.com • 407 -304- - 3235.800- 727 -8088 toll -free
October 14, 2011
To whom it may concern:
SunGard Public Sector is currently enhancing our Strategic Alliance program to better serve
our customers and the solution providers we work with. This letter describes the
responsibilities of a Premier Solution Provider that offers a solution that interfaces with
SunGard Public Sector software.
Over the past 25 years SunGard Public Sector Solution Provider members have enjoyed
success in collaborating with SunGard Public Sector and the communities we serve.
We understand you are considering purchasing a solution from Executime They are currently
listed as SunGard Public Sector's only Premier Solution Provider that supplies this type of
service. Some of the Premier Solution Provider requirements are listed below.
To be a Premier SunGard Public Sector Solution Provider, a vendor must:
• Have a current Premier Solution Provider agreement with SunGard Public Sector
• Have a local government and municipal focus
• Be sponsored by at least one current SunGard Public Sector customer
• Have implementation and V and 2 "a level support services
Offer software products that extend or enhance SunGard Public Sector products and are a
natural fit for integration with our products
• Complete integration according to SunGard Public Sector best practices during first year
of program membership
• Provide at least 1 day of training per year for SunGard Public Sector Sales and Support
• Provide SunGard Public Sector support and sales with complete product documentation
for each approved software release
SunGard Public Sector strives to build relationships that provide our customers with the best
possible solutions. We are committed to customer success, and we constantly look for new
ways to help government work better.
Sincerely,
David Haas
Strategic Alliance Manager
SunGard Public Sector Inc.
david.haas@sungardps.com
800.727.8088 x3195
SunGard Public Sector Inc. • 1000 Business Center Drive • Lake Mary, FL 32746
gee are all 'ust amazed at how knowledgeable, eourteou
slid frlen ly ExeeuTTme's customer support team use
A Time Inquiry /Maintenance allows employees to
view their own time, and supervisors with secu-
rity authorization to add, edit and delete time
transactions and approve time. All Maintenance
is tracked within the system's Audit Log.
A Because ExecuTime Software is integrated with
SunGardl Public Sector, employees can view
their own benefit time through a web browser
without enrolling into the payroll system.
- .Luann Silva, City of San Ramon
slytMhYnLjKiHY'?i'Ywm.',n Wy±�
.n frvtp'g4�¢✓iN:t'iilVU�µ
Weft f 51
:u
A The Time Card Balancing screen provides a convenient
single- point -of- review for all employees' time entries.
Payroll Managers can easily recognize and sort Hourly and
Salaried Employees with the Type column. The Rules
column and the Appr. (Approval) columns identify com-
pleted entries with a green check mark, while employees
with a violation or unapproved time are filled in with a red
! sign. When all times have been reviewed and entries are
ready to move to payroll, simply click on the Move to
Payroll System button to transfer to the SunGard° Public
Sector Payroll software.
Advance integration between EXecu`
Ti0*e Software and SunGamd*Public
Sector Payroll can provide an enhanced
level nf efficiency to the payroll process and
de|ivera consistent noethod6or collecting time
and data throughout all departments. With
EXecUTnoe Software, employee t|moetracking
and moving time and data Lo payroll is fast and
ExecuT,ne Software provides Clock-in and
Clock-out capabilities, Time Inquiry and Main-
(enance, Special Hour inquiries and "Who's
Heoe?" inquiries from the ExecubrneSoftware
browser.
Employees can clock-in and clock-out from a
web browser inside the organization's iorranet
ExecxTinoe Software also accepts time entries
from a variety of methods including swipe-
cards, proximity cards, blometric input devices,
text messaging, and telephones through Inter-
active Vni(eResp*nse(IVR) rechnology,
d
Jib e taper savings.are and uman error is way down.
The flexibility in ExecuTimel�i&,.'��i�,
Ij
-Gina Davis, City qfRock Springs, WY
SUNNI-
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