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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor and Members of the City Commission
Hector Mirabile, PhD, City Manageyr ,11
July 27,2011 Agenda Item # ~
2001
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sole-source vendor, for the replacement of outdated software for the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(lntangible Assets) and 615-1910-521-5205 (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.
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.
•
$300,000.00
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:
o Proposed Resolution
o SunGard Software License & Services Agreement
o Sole Source Letter
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RESOLUTION NO. ________ _
A Resolution authorizing the City Manager to execute a five-year Software License and
Services Agreement with SunGard Public Sector Inc. the parent corporation of 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Software Solutions Inc. (OSSI), a sole-source vendor, for the replacement of outdated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 615-1910-521-5205 (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.
Whereas, 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, and
Whereas, the South Miami Police Department maintains its own Communications Center
and it operates on a 24-hour, 7-days-a-week basis. It is part of a shared or multi-jurisdictional
entity; via the Miami-Dade County Police Radio frequencies. It receives and evaluates requests
for police services from the non-emergency lines and deploys field and support units to the
scenes of routine and emergency incidents through voice radio transmissions and CAD
messaging.
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 expend $300,000.00 and to execute a
Software License and Service Agreement with SunGard Public Sector, Inc. to improve the City's
CADIRMS/FBRS software by replacing outdated systems, to include the first year annual
support and maintenance with funds coming from Federal Forfeiture account 615-1910-521-
6800 (Intangible Assets) for a cost of $280,000.00 and Federal Forfeiture account 615-1910-521-
5205 (Computer Equipment) for a cost of $20,000.00.
Section 2. This Resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this _ day of , 2011.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
SUNGARD& PUBLIC SECTOR
July 28,2011
Major Ana BaixauJi
Administrative Major, SMPD
6130 Sunset Drive
South Miami, FIOlida 33143
Office: 305-668-2498 (Direct)
Cell: 786-298-7986
Fax: 305-663~2045
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 OSS! 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 tights to license it without the consent of any other person 01'
entity.
Sincerely,
eo
Manager, Contracts Services
CUSTOMER NO. ___ ,j 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 ali 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 SunGard Public Sector Inc.
BY: -----------------BY: _C""--"·~"'__"'__p=-"'_~-= __ ~ __ · __
PRINT NAME: _________ __ PRINT NAME ChrIstian Coleman
AND TITLE: VP and Controller, SunGard Public Sector Jne
PRINT TITLE: ________ __
DATE SIGNED: ________ _ DATE SIGNED: ~~\,Qo\l
Page 1 of25
South Miaml-110793 SunGard Public Sector Software License and Services Agreement
T HIS AGREEMENT is made between SunGard Public Sector Inc. and Customer as 01 the Execution
Date. The parties agrea 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 System" means anyone of the
computer software programs which is identified in
Exhibit 1 as a Component System, Including all
copies of Source Code (il provided), Object Code
and all related specifications, documentation,
technical information, and all corrections,
modifications, additions, improvements and
enhancements to and all Intellectual Property
Rights lor 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.
"Deliverv Address' means the Customer
shipping address set forth In Exhibit 1 as the
Delivery Address.
"Deliverv Date" means, for each Component
System, the date on which SunGard Public Sector
first ships the Component System to the Delivery
Address F.O.B. SunGard Public Sector's place of
shipment.
"Discloser" means the party providing its
Confidential Information to the Recipient.
"Defeer 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 Properly Rjghts" 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 Employees" 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.
"Obiect 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,
conditi.ons, limitations and/or other information
Page 2 0125
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) Object 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
decompilatlon of the Software. Customer Is
prohibited from using the Software to provide
service bureau data processing services or to
otherwise provide data processIng services to
third parties. Customer will not allow the Software
to be used by, or disclose all or any part of the
Software to, any person except Customer
Employees. Without limiting the foregoing,
Customer is permitted to allow use of the Input
and/or output sensory displays of or from the
Software by third parties on a strict "need to know"
basis, and such use will not be deemed a non-
permitted disclosure of the Software. 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 30f25
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. White
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.
6. 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.
(i) License Fees. Fees for the
Software wlll 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 wlll 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 (i1) 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 Warrantv
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 sale
obligations for breach of this limited warranty are
contained in this Section 7(a).
(b) Disclaimer of Warranty. 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 ANDIOR 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 Discloser's
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 wlll 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. Indemnltv by SunGard Public Sector.
SunGard Public Sector will defend, indemnity 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 sale 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
Page50f25
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; (8) 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 terminatlon. 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 th.e 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 Publlc Sector's request) will destroy all
copies of the Software, and wlll 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 Preiudice 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
noUces.
12. Force Majeure. Neither party will be liable to
the other for any failure or delay In performance
under this Agreement due to circumstances
beyond its reasonable control, Including Acts of
God, acts of war, accident, labor disruption, acts,
omissions and defaults of third parties and official,
governmental and judicial action not the fault of
the party failing or delaying in performance.
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
Include use of the Software for benefit of any third
party to a merger, acquisition andlor other
consolidation by, with or of Customer, including
any new or surviving entity that results from such
merger, acquisition andlor 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 Walyer. 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.
Page6of25
15. Choice of Law; Severability. This
Agreement will be governed by and construed
under the laws of the State of Florida, Without
reference to the choice of laws provisions thereof.
if any provision of this Agreement is Illegal or
unenforceable, it will be deemed stricken from the
Agreement and the remaining provisions of the
Agreement will remain in fuJI 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
Customer:
Delivery Address:
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Qty Part #
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Cltv of South Miami.
6130 Sunset Drive, South Miami, FL 33143
I System
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BASe COMPUTER AIDED [ llER-2
_CAD'
flRsrCADMAP DISPLAY AND MAP ; "UrlVV",,'"
_ CAD MAP HSPLA Y
E9111NlERFACE MOl • '
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CAD ~E IY
I System
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BASIC. ,~llON
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ICRIME
'RMS MAP DISPLAY AND PIN
NV IIr."" "u'~!:!t,E.: 20 '
'~NCI
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BAR' ) CLIENT
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I ~O IN,,,,,,,,,,, .. DATA
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~E '"'' UP 10 bO
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MFR CLIENT -BASE
IFR CLIENT -.
VVI£ARD'
IF R CLIENT -,
IF R CLIENT -,
IFR
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IT
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FOR fiELD REPO" liNG UP TO 50 VVU""" 'AIIVN"
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, fees
~fEE
Notes to Software Table:
EXHIBIT 1
, ., Fees
S
,$
s
-
39,800.0(
I
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 of25
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 wiU pay for these services (l.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.
PAY AGENCY PRODUCTS' .
Hardware & Initial Annual
Qty. Part# PaYAg.n~yProducts Software Services MaIntenance
None
Pa A ene Products Totals
Page 9 of25
Summa,'Y
License Fees $ 49,655.00
Service Fees 194,180.00
Estimated Travel & LivinR Exuenses 36,165.00
G"and Total $ 280,000.00
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
configuration(s) 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 service,S for such implementation.
Item 2: The Customer shall provide a certified TCPIIP network with ali 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 lOof2S
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 RMSfJMS 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, ali CAD Workstations must be connected to a dedicated 100 Mbfsec
switched TCP/IP LAN.
Item 6: The Customer is responsible for the physical placement of all CAD and/or
RMSfJMS 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 AU 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 AU 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
iI. Any encryption to meet State and FBI requirements
iii. DSU to State
iv. Associated Installation Charges
Ii. Monthly Charges
vi. Surcharges by State
Item 9: The Customer shall Implement an Unlnterruptible Power Supply (UPS) system for
all servers and all CAD workstatlons. 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 01'25
DESCRIPTIONS:
Part Number: CAD-T2
Descrlpllon: BASE COMPUTER AIDED DISPATCH SYSTEM TIER-2
Long Description: Computer Aided Dispatch Includes:
Single..Jurlsdlclional CAD for Police, Fire, and/or EMS
Call Taking and Dispatching Functions
Tabular Geo-Flle 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: ADDITtONAL CAD CONSOLE LICENSE
Long Description: An addilionailicense, In addition to the number of console licenses In the base CAD system, is
required for each cali taker and dispatch consolelworkstallon 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 Calis 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 shoutd 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 consolelworkstation to display maps with the CAD
system. Each license represents one workstation, not concurrent user.
Part Number: CAD·E911
Description: E911 INTERFACE MODULE
Long Description: The E911 Interface allows CAD to communicate to the E911 controller's ANIIALI serial port.
The Customer must provide an RS232/serlal cable (with accurate pin-outs) from their E911 ANI/ALI controller's
CAD port to the CAD server's serial port. The Customer must also provide SunGard Public Sector with accurate
ANI/ALI interface data formats from their E911 vendor that defines the data stream characters and their stop and
start positions.
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:
Workstatlon-to-workstation messaging
Moblle-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
Page 12 of25
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 scheduling of SunGard Public Secto~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 Secto~s standard CAD
application software on the Customers server{s). This price Includes the configuration of up to three (3) CAD
workstatfons 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. Veritas Open File Manager, PC Anywhere and FoxPro)
on the respective file servers and workstations using SunGard Public Sectors 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 wllh 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 flies.
Three (3) SunGard Public Sector professionals (1 QA, 1 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
Long Description: This service Includes:
.. Programming and consulting services to assist the customer in generating the Inltlal CAD Geo-Flle centerline
In SunGard Public Sector's proprietary (OASIS) format.
.. Programming and consultation services to assist the customer In generating the Inllial polygon and general
view layers in SunGard Public Sector's proprietary (OASIS) formal.
.. Programming and consultation services to assist the customer In generating an ortho photography layer.
Ortho 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 flies formates are SID,
TIFF, JPG and BMP. The customer Is responsible for providing ortho source files to SunGard Public Sector.
.. SunGard Public Sector will perform three (3) detailed reviews of the custome~s centerline data at SunGard
Public Sector's office during projecllmplementatlon. 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
.. SunGard Public Sector supports converting ESRI EOO, ESRI Shape or Maplnfo 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.
Page!3 of25
" 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
we.ll as provIding resources to field verify ali of the GIS data.
NOTICE Of SUNGARD PUBLIC SECTOR'S DEPENDENCY ON CUSTOMER'S GIS DEPARTMENT:
SunGard Public Sector's ability to provide conversion services relating to Geographic Information System (GIS),
maps or geographic analysis, etc. Is contingent on the Customer providing SunGard Public Sector with the
resources and data defined In SunGard Public Sector's CAD Map Resource Guide that Is
incorporated Into this agreement as an Exhibit.
The Customer shall provide SunGard Public Sector with a centerline file that contains the following: Block
ranges (address ranges are required)
Street names
Street prefixes
Street suffixes
Jurisdiction/City Code
XN Coordinate Pairs for each street segment (referred to as ARCS by ARCINfO)
The Customer Is responsible for the accuracy of the street Inventory and for the accuracy of all attribute data
associated with street segments. Examples of such accuracy include:
Missing streets
Missing street segments
Missing Intersections
Errors in street names, street prefixes, street type, etc.
Part Number: CAD·PROf·ADD
Description: ADDITIONAL PROFESSIONAL SERVICES
Long Description: Services provIded by SunGard Pubtic Sector product or training specialists. Services may
include, but are not limited to, add·on module training, refresher training, system analysis, or consulting
Part Number: RMS·BASE-20
Description: BASE RECORDS MANAGEMENT SYSTEM· 20 WORKSTATION
Long Description: SunGard Public Secto(s Client Server Version of RMS (requires Microsoft's Windows 2000
Server or higher) Includes:
IncldenVOffense Module
CrlmeMatch Reporting
Arrest Module
Warrants Module
UCR Property Management
Master Name Module
Master Vehicle Module
Master Location Module (Requires either tabular or GIS·based Geo·Flle Module be Licensed)
Case Management Module
Dally Bulletin
Employee Demographics Module
Off Duty Employment Tracking Module
Standard Traffic Citation Module
Standard Traffic Warning Moduie
Miscellaneous Cash Receipts Module
State Specific IBR or UCR Reporting Module
field Contact Module
Part Number: RM8-ACCIDENT·20
Description: BASIC ACCIDENT MODULE· 20 WORKSTATION
Long Description: The Accident Module provides the ability to capture basic crash·related data elements and
crash diagrams from accidents and replicate the Information to the state specific form for printing.
Part Number: RMS·WIZ·BASE
Description: ACCIDENT WIZARD BASE SERVER LICENSE
Long Description: This provides the Accident DrawIng Wizard Server License. This module is required to provide
the ability to use the wizard on any workstation, mobile or on the LAN.
Page 14 of25
Part Number: RMS-CA
DescrIption: CRIME ANALYSIS MODULE
Long DescliptIon: The Crime Analysis Module provides the ability 10 pin map events from one or more RMS
application modules simultaneously and Identify high crime areas within defined geographic polygon regions. This
producl includes several forecastIng and lime series tools. These features will provide agencies wllh powerful
Investigative information that can save personnel hours and assist In identifying resource deployment strategies
based upon historical events.
Site license for Crime Analysis (pin mapping multiple modules, Time Analysis and ComStat).
Part Number: RMS-MAP-20
Description: RMS MAP DISPLAY AND PIN MAPPING LICENSE· 20 WORKSTATION
Long Description: Provides the ability to pin map locations from SunGard Public Secto~s PISTOL Records
Management System searches and view multiple layers. Requires Mapping Geo-file generation and a license of
the first map view. This requirement may be filled by mapping from CAD.
Part Number: RMS-NTF-20
Description: NOTIFICATION MODULE -20 WORKSTATION
Long Description: The Notification module allows a user to create system rules that will notlfy a list of recipients
when certain data-related activities have occurred wilhin RMS. Such activities might Include a person viewing a
record, changing a specific data element on a record, or entering a new record into the system. Along with an
optional audible alert, notlficatlon 'hits' will be displayed on the recipients' desktop at login and at user defined
Intervals during the user session. This module requires an additional day of training.
Part Number: RMS-P&E-5
Descriplion: PROPERTY AND EVIDENCE MODULE -5 WORKSTATION
Long Description: InclUdes software to track and keep Inventory of property stored In an evidence environment.
The software is bar code compliant; however, bar code software and hardware are not Included.
Part Number: RMS-BAR HOST-5
Description: BAR CODING SERVER LICENSE -5 WORKSTATION
Long Description: Bar-Coding Host allows client to communicate to host server and the Property and Evidence
module.
Part Number: RMS-BAR-CLIENT
Description: BAR CODING HAND-HELD CLIENT LICENSE (EACH)
Long Descripllon: SunGard Public Secto~s Bar-coding Client Sofiware allows for the following business funclions:
Batch processing, Including transfers, dispositions, chain of custody transactions and inventory
functions. License is per workstation.
Part Number: RMS-P2P
Description: POLICE TO POLICE INTERNET DATA SHARING
Long Description: SunGard Public Sector's Police to Police (P2P) appllcallon Is a browser-based solullon that
enables public safety agencies to share information from their Records Management System while maintaining
complete control over their own RMS.
Currently, this funclionality Includes:
Base Name Query
Base Incident Query
Base Pawn Query
Base Vehicle Query
Base Property Query
Mugshots with LIne-ups
Basic first-level Involvements plus detail page views of many Involvements
Each Site must provide the following:
Each site must have a firewall that Is approved by SunGard Public Sector.
Each site must have a constant Internet connection to a Windows 2000 Workstation or server (minimum
256kbps Bandwidth), not a dial-up to host their data.
Each site must provide PCAnywhere access to the desktop of the server above for SunGard Public Seclor
to support via Ihe Internet.
Part Number: RMS-TRAIN-5
Descripllon: TRAINING MODULE -5 WORKSTATION
Long Description: The Training Module records employees' training history wilhin the agency, Including courses
taken, earned certifications, including re-certlfication tracking, and earned titles.
Page 15 of25
Part Number: RMS-PROJ-MGNT
Description: PROJECT MANAGEMENT FOR RMS
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 wllh 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 wilh the customer.
Part Number: RMS-INST
Description: BASE RMS SOFTWARE INSTALLATION CHARGES
Long Description: Includes selting up Ihe server with OS and appropriate databases. Also Includes the installation
of the base RMS and P2P application software on the server. This service also Includes the configurallon of up to
five (5) RMS workstations for the RMS application software once on site and operational within the Customer's
network. SunGard Public Sector wlllirain the system administrator on this procedure so that they are self-
sufficient In this area and they can install the software on the remaining workstations.
Part Number: RMS-IMPL
Description: BASE RMS SOFTWARE IMPLEMENTATION CHARGES
Long Description: This Includes Audit, Support during Implementation, and Go Live Assistance.
Three (3) days to review Customer's data al SunGard Public Sector's office during Ihe project. Reviews occur at
10%, 50% and 90% of completion ofthe Customer building their RMS support files.
Two (2) days of QA support for assistance with Implementation.
Two (3) SunGard Public Sector professionals (1 QA, 2 Training) to be on-site for up to two (2) days each when the
base RMS System goes live as determined by Ihe project plan.
Part Number: RMS-MNT-TRN
Description: RMS MAINTENANCE TRAINING
long Description: Training for system administrators and key personnel (4-6 people max.) responsible for system
configuration (Including setting codes reflecting agency business practices) and maintenance. Topics Include
selecting application settings and building code tables. Class duration = 5 days.
SunGard Public Sector recommends scheduling Ihis 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: RMS-TTT-TRN
Description: RMS TRAIN THE TRAtNER TRAiNING
Long Description: Nine (9) days of on-site training and assistance designed to prepare agency training staff for
conducting RMS User Training. Training Specialist provides 4 days of instruction on RMS followed by 4 days of
consulling, including observing and providing feedback to agency trainers, and 1 day for set-up.
Part Number: RMS-ADD-TRN
Description: RMS ADD-ON MODULE USER TRAINING
RMS-ACCIDENT 1/2 Day
RMS-NTF 1 Day
RMS-P&E 1 Day
RMS-TRAIN 1/2 Day
RMS-BAR-CLIENT 1 Day
RMS-CA 1 Day
Long Description: Training for Add-On RMS Modules to Include:
RMS-ACCIDENT 1/2 Day
RMS-NTF 1 Day
RMS-P&E 1 Day
RMS-TRAIN 1/2 Day
RMS-BAR-CLIENT 1 Day
RMS-CA 1 Day
Part Number: MCT-SWI
Description: STATE/NCIC MESSAGING SOFTWARE
Long Description: The Message Switch software Includes a query interface from the SunGard Public Sector
Application to the Slate computer system and to the FBIINCIC system via the state system.
The Message Switch will allow for the following functions:
Workstation-to-Workstatlon messaging
State/NCIC query Interface directly from the Data Entry window
Automatic State/NCIC query on license plates from CAD
Page 160f25
Responses from the State will come back to the user in the message queue
The Message Switch must run on Windows 2000 Server or higher, not a Workstatlon, due to Client Access
License limitations of the workstation. PC Anywhere and an external modem are required on the Message Swilch
server. The Message Switch supports basic State/NCIC queries. All Slate/NCIC dala entry functions must be
performed wIth state supplied software or technology.
Part Number: MCT-BMS-T2
Description: BASE MOBILE SERVER SOFTWARE UP TO 50 WORKSTATIONS
Long Description: Server license of SunGaro Public Sector's Mobile Server Software to support up to 50 Mobile
Units registered on the Message Switch (not concurrent mobile users). Mobile Server processes all mobile
inquiries to SunGard Public Sectors CAD and RMS databases.
Part Number: MCT-CLIENT
Description: MCT CLIENT -DIGITAL DISPATCH
Long Descnption: Workstation license for the application software for the mobile unIt allows the unit to receive and
transmit digital (silent) dispatching, car-Io·car and car-to-console messaging. premises and cali Information,
magstrlpe reading (where available). It also performs local, State and NCIC queries, and receives search
Information and mugshots from RMS.
Any additional hardware must be purchased separately.
Part Number: MCT-MAP
Description: MCT CLIENT -MAPS
Long Description: Provides the ability for officers to view maps, automatically display the location of a CAD avent,
and view multiple layers of the same map available in CAD. Maps also allows officers the abillty to pIn map mobile
search results. This module Is a prerequisite for SunGard Public Sector's Automatic VehIcle Locator (AVl)
Module.
Part Number: MCT-MFR-OFF
Description: MFR CLIENT -BASE INCIDENT/OFFENSE
Long DescrlpUon: The Incident/Offense Module provides the ability for officers to enter Incident Reports,
Supplement Reports and Field Contacts on the mobile unit. 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)
10 capture narrative.
Part Number: MCT-MFR-ACC
Description: MFR CLIENT -ACCIDENT REPORTING
Long Descriplion: Allows officers using SunGard Public Sectors Mobile product to prepare traffic crash reports in
the field. Accident diagram capability may be added by purchasing SunGard's crash wizard and Microsoft Visio.
Part Number: RMS-WIZ-CLIENT
Description: ACCIDENT WIZARD WORKSTATION LICENSE
Long Description: This provides the Accident Drawing Wizard per workstation license. Visio 2000 standard edltlon
or higher is required on each workstation or laptop.
Part Number: MCT-MFR-ARREST
Description: MFR CLIENT -ARREST
long Description: The Arrest Module allows officers using SunGard Public Sector's Mobile product 10 capture data
for SunGard Public Sector's standard Arrest Module in RMS.
In some states, this Module does reproduce the state form and can print In the car.
Part Number: MCT-MFR-AFF
Description: MFR CLIENT -ARREST AFFIDAVIT
Long Description: This client specific module Is for Ihe creation of the Arrest Affidavit from the field. The arrest
data Is transferred to the Arrest Module within RMS. It allows for the remote printing of the affidavit. It does not
include printing hardware. Each agency's affidavit form may vary and must be approved by Product Management.
Part Number: MCT-MFR-CITATION
Description: MFR CLIENT -CITATION
long Description: The Citation Module allows officers using SunGard Public Sector's Mobile product to capture
data from the written state citation form. In some states, this Module does reproduce the state form and can print
In the car.
Part Number: MCT-MFR-MBLN-CLIENT
Page 17 of2S
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 wlrelessly (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 correclion. Once approved, the reports are wlrelessly 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 Seclor OSSl's Automatic Vehicle localor
(A Vl) software.
Part Number: MCT-AVL-CAD
Description: CAD CLIENT AVl LICENSE
Long Description: SunGard Public Sector OSSl'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 OSSl'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-SWHMPL
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: MCT-BMS-INST
Description: INSTALLATION OF BASE MOBILE SERVER SOFTWARE
Long Description: Installation of the base mobile server software Includes configuration, setup, and testing on
Customers 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 communlcatlons.
One (1) day of QA services for application support and configuration to other applications.
Also Includes Maintenance Training and the Installalion olthe digital dispatch/Mobile Field Reporting application
software on up to five (5) mobile computers.
Part Number: MCT-IMPL
Description: MOBILE IMPLEMENTATION SERVICES
Page 18 of25
Long Description: SunGard Public Sector technical services for MCT system/data verification after Ihe syslem
administrator training and the code tables are built. This includes a SunGard Public Sector representative on site
the day MCT goes live.
Includes two (2) days of on·slte Technical Services; two (2) days of QA testing prior to user training; and one (1)
day of on·slte go·live.
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 dally rate.
Part Number: MFR·IMPL
Description: IMPLEMENTATION FOR MOBILE FIELD REPORTING
Long Description: Two (2) days of QA services to lesl MFR.
Part Number: MFR·INST
Description: INSTALLATION MOBILE FIELD REPORTING
Long Description: Two (2) days of QA services to Install and configure MFR. Includes Inslali and configurallon of
add on modules.
Part Number: MFR·MNT. TRN
Description: MOBILE FIELD REPORTING MAINTENANCE TRAINING
Long Description: Training for syslem administrators and key personnel (4·6 people max.) responsible for system
configuration (Including setting codes reflecting agency business practices) and maintenance. Topics Include
setting up the MFR application on the server and laptops, report submission and approval, and key Interactions
with RMS
Part Number: MCT·TTT·TRN
Description: MCT TRAIN THE TRAINER TRAINING
Long Description: Four (4) days of on·slte training assistance designed to prepare agency training staff for
conducting MCT lIser Training. SunGard Public Sector Training SpecIalist provides one (1) day of set·up, one (1)
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
Description: MOBILE FIELD REPORTING TRAIN THE TRAINER TRAINING
Long Description: Seven (7) days of on·slte training and assistance designed to prepare agency training staff for
conducting MFR User Training. SunGard Public Sector Training Specialist provides one (1) day of set·up, three
(3) days of Instruction on MFR followed by three (3) days of consulting, Inciuding observing and providing
feedback to agency trainers.
Part Number: MCT·ADD·TRN
Description: MFR ADD ON MODULE USER TRAINING
MCT·MFR·ACC 1 Day
MCT·MFR-ARREST 1/2 Day
MCT·MFR·CITATION 1/2 Day
Long Description: Training for MFR Add·on Modules to Include:
MCT-MFR-ACC 1 Day
MCT·MFR·ARREST 1/2 Day
MCT·MFR·CITATION 1/2 Day
Part Number: MCT·CLlENT·INST
Description: INSTALLATION OF DIGITAL DISPATCHING CLIENT
Long Description: Includes Installation, configuration and testing of MCT and MFR modules.
Part Number: MCT-AVL·SERV
Description: AVL INSTALLATION AND TRAINING
Long Description: One day on·slte for installation and training of AVL. Training Includes instruction for system
administrators (4·6 people max.) on selling up and maintaining AVL, as well as Instruction for end·users (10
people max.) on using the application.
Part Number: TCH·INSTALL·ONSITE
Description: On-Site Instaliation for Application Servers
Long Description: The SunGard Public Sector Onslte Implementation Services include:
• Final OSSI software application configurations
• Final third party application configurations
• Configuration of hardware on Ihe customers network and domain
Page 19 of25
-SA Review and trainIng to cover all hardware and software configurations.
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.
All Implementation services are billed on a dally basis. If SunGard Public Sector provides less than a day of
service, it will be billed at the full dally rate. Services do not Include Travel and Living.
Number of Software Supplements Attached:
Page 20 of25
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
• XIY 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 of25
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 10, 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 meeling 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 frorn 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 of25
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 expiretlon 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 conlrol 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 lIme 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 andfor 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 of25
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 Subscrlptlon, 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 of25
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 Customers procurement of the Pay Agency Products.
3. Pay Agency Products Procurement. SunGard Public Seelor 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 tN 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 Agencv. 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 of25
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal HoUdays
Miami, 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 flk/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 Mjami~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 mail 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.
a subscribed before me this
05 day of AUGUST ,A.D. 2011
MARIA MESA personally known to me
THE ~IAMI HERALD I MiamiHeraid.com
TOWN OF CUTLER BAY
NOTICE OF PUBLIC HEARING
The Town of Cutler Bay shall conduct a council meeting on Wednesday, August 17, 2011 at 7:00 p.m.
at the Town of Cutter Bay Tovro Center. Town Council Chambers, 10720 Caribbean Boulevard, Cutler Bay,
Florida 331 8S. During this meeting, the council will hold a public hearing to consider the following on
second reading:
AN ORDINANCE OFTHE MAYORANDTOWN COUNCIL OFTHE
TOWN OF CUTLER BAY, FLORIDA, AMENDING ORDINANCE
11)..13 RELATING TO BURGLAR ALARM REGISTRATION;
PROVIDING FOR A WARNING PERIOD, AND PROVIDING FOR
AN EFFECTIVE DATE.
AU persons are invited to appear at this meeting, or to be represented by an agent, orto express their views
in writing addressed to the lawn council c/o of the town clerk, 10720 Caribbean Boulevard, Suite 105,
Cutler Bay, FL 33189. The documents pertaining to this publ1c hearing may be inspected at the office of the
town clerk during regular working hours. Inquiries may be directed to the town clerk at (305) 234~4262.
The above items may be continued at this meeting and, under such circumstances, additional legal notice
would not be provided. Any person may contact the town clerk for information as to the status of this Item
as a result of the meeting.
PUrsuant to Section 286.0105, Florida Statutes, if any person decides to appeal any decision by the town
counci! with regard to this or any matter. he/she w1ll need to ensure that a verbatim record of the proceedings
is made, which record Includes the testimony and evidence upon which the appeal Is to be based. This
notice does not constitute consent by the town for the introduction or admission of otherwise inadmissIble
evidence, nor does it authorizes challenges or appeals not otherwise allowed by law. In accordance with
the Americans with O1sabilitiesAct of 1990, persons needing special accommodation (or hearing impaired)
to participate in this proceeding or to review any documents relative thereto should contact the town cIeri<
for assistance at (305) 234~4262 no later than four {4} days plior to the proceedings,
CITY OF SOUTH MIAMI
COURTESY NOTICE
Esther B. Coulson, CMC
Town C!erl<
NonCE IS HEREBY given that the City Commission of"the City of South Miami, Florida will conduct Public Hearings
at Us regular City Commission meeting scheduled for Tuesday. August 16, 2011. beginning at 7:30 p.m., in the City
Commission Chambers, 6130 Sunset Drive, to COilsiderthe folfowlng Item(s):
An OrdinanCll amending Chapter 13, Ucense, creating Article If, Section 13~31 title\! ~Use of City's Name~ and
restricting the expressed or implied use of the City of South Miami or !Is name by anyone for any purpose.
A ResOlution authorizing the City Manager to exocule a five~year Software Maintenance Agreement with paren)
. corporation SunGard Public Sector Inc. for replacement of outdated software for Computer Aided Dispatch (CAD)
services, Records Management System (RMS). Reid Base Reporting System (FBRS) and annual maintenance
and support using the Software license and Services Agreement provided by Open Software Solutions, Inc.
(OSS~ for the South Miami Police Department'$ Public Safety Communications System.
An Ordinance amending Chapter 158 entitled "Parks and Recreation" for the regulation of Special Events
including the estab!!shment of requirements for publiC hearings, providing a process for permitting, fue payment
of fees for permits and associated cests, requiring compliance with City laws, and providing for penallles.
For further information, please contact the City C!erk'$ Office at (305) 663-6340.
ALL interested parties are invited 10 attend and will 1m heard.
Marla M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any deCision
made by this Board,Agency or CommiSsion with respect to any matter considered al its meeting or hearing, he or she will
need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record
which record Includes the testimony and evidence upon which the appeal Is to be based.
SE SUNDAY, AUGUST 7, 2011 I 31SE