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10To: Via: From: Date: Subject: Request: ReasonlNeed: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the ~~ Commission Hector Mirabile, Ph.D., City Manager 11 LaTasha Nickle, Human Resources Director ~ J rl October 26, 2011 Agenda Item NO.:~ 2001 ExecuTime™ Software and Maintenance and CMI Time Management, LLC time clock purchase Resolutions authorizing the City Manager to purchase ExecuTime™ 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 CM! Time Management, LLC. 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 efficiency 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 ExecuTime™ software and maintenance agreement. Executime™ is the only premier solution provider of time and attendance software for SuuGuard, 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™ 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™ system. We propose purchasing direct from the vendor as a more cost effective purchase option. Backup Documentation: IB'" yroposed resolutions Iiil Proposed contracts from ExecuTime™ o Sole source letter from SunGuard™ o Proposal from CMI Time Management, LLC o Sole source letter from Executime™ o Proposals from Kronos™ and ADPTM 1 RESOLUTION NO.: ______ _ 2 A Resolution authorizing the City Manager to enter into a 3 Software Maintenance agreement with Executime™ for the 4 sum of $18,750 for a five-year period, with an annual 5 maintenance fee payment of $3,750 to be paid from account 6 number 001-1330-513-3450 Contractual Services 7 WHEREAS, the new Executime™ time and attendance software will increase efficiency 8 related to payroll processing and time and attendance management; and 9 WHEREAS, the Executime™ Software Maintenance Agreement is necessary for the 10 maintenance of the new Executime™ time and attendance software 11 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 12 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 13 Section 1. The City Manager is authorized to enter into the attached Maintenance 14 Agreement for the total sum of $18,750.00 with Executime™ for Software Maintenance to be 15 paid annually in the amount of $3,750.00 from Account No. 001-1330-513-3450 beginning 16 November 1, 2012. 17 Section 2. That this resolution shall take effect immediately upon approval 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 PASSED AND ADOPTED this __ day of ____ , 201l. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, EXECUTION AND LEGALITY: CITY ATTORNEY Approved: MAYOR Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: ExecuTime Software, LLC 427 South Boston Avenue, Suite 707 Tulsa, OK 74103 ExecuTime11l 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, FL_hereinafter referred to as "Licensee": ____________________ ~ ________ C~iMtv~o~f~S~o~u~t~h~M~llia~m~iL------------------------------- ORGANIZATION NAME _____________________________ --"S.ll!LS.unset Drive STREET ADDRESS South Miamj.£L~,,33,,1...,4,,3L.. _______ ___ CITYISTATEIZIP (305)668-2515 TELEPHONE NUMBER This Support Agreement applies to the ExecuTime11l Time and Attendance Software System. The Support Fee for the Licansed Software is $ 3,750.00 The Support Term is from 1110112012 to 10/3112013 (Initial Term: 12 Months/Annually. Support Fee will remain $3,750.00 and not be increased until 1110112016) 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: Kevin Malone Manager Date: 118/03 1014 LICENSEE: By: Name: Title: Date: ExecuTime Software, LLC LICENSEE SUPPORT AGREEMENT TERMS AND CONDITIONS 1. 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) (b) (c) (d) (e) (f) 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. Clarify installation and operating instructions contained in the user documentation delivered with the Licensed Software. Assist in the identification of solutions to operating problems being experienced by the LICENSEE with the Licensed Software. 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. Provide data repairs for LICENSEE files and records for data problems CAUSED BY the ExecuTime Software, LLC product at no additional charge to LICENSEE. Provide data repairs for LICENSEE files and records on a "best efforts" basis for data problems NOT CAUSED BY the ExecuTime 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) (b) (c) Equipment (other than the ExecuTime provided eqUipment) malfunction or failure. 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. 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, etc.). 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. 1/8/03 ExecuTime Software, LLC will use its best efforts to locate and correct any identified Licensed Software program defects reported by the LICENSEE. 2of4 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) (c) (d) (e) (f) Operator training On-site training and LICENSEE assistance visits Training classes Licensed software custom modifications. 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. 9. 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 118103 3 of 4 13. 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 callse 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 laws 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, 118/03 ExecuTime Software, LLC and LICENSEE further agree that, except as expressly authorized in writing in 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, 4of4 SUNGARD$ PUBLIC SECTOR www.sungardps.com·407-304-3235·800-727-8088toll-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 1" and 20d 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 lric .• 1000 Business Center Drive' Lake Mary, FL 32746 i!'~r.tlrie~~;Si=~~~s ~~':t~~;~~t;~~l~~~'f.~o~.s) 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 SunGard® 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 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 softwa reo SUNGARD' PUBLIC e'cr-"!"'r,,, Advance integration between Execu- Time Software and SunGard® Public Sector Payroll can provide an enhanced level of efficiency to the payroll process and deliver a consistent method for collecting time and data throughout all departments. With ExecuTime Software, employee timetracking and moving time and data to payroll is fast and efficient. ExecuTime Software provides Clock-in and Clock-out capabilities, Time Inquiry and Main- tenance, Special Hour inquiries and "Who's Here?" inquiries from the Executime Software browser. Employees can clock-in and clock-out from a web browser inside the organization's intranet. ExecuTime Software also accepts time entries from a variety of methods including swipe- cards, proximity cards, biometric input devices, text messaging, and telephones through Inter- active Voice Response (lVR) technology. L~kd K~~~~~~~~~Si~~a\Odgwn. The flexibility in ExecuTime-, ..... ,,- outstanding. -Gina Davis, City of Rock Springs, WY ~i~,~_()(.:t.!li~_i¥:iiii~,·~'~J You(;WMJlbi,ly .tI,t!,~ c,~ ~ ~ g .~ . .: t;;"£ oc 8'~ w ro " ~ [ w > I ~5? :£0 i 5~ ., o~ x~ x" § ·x x:lt? 152 x~ ~~ ." ~ s- 00 .S ;g ~ I Ii <; ~-2~ ~ dJI g ~ ~.. ~ , ~li;r$ f Ir o 'A" ~ . , \:", 0"'·'« ~ '-_.-( ::; oc ~ w 0 '" " !t!.E MIA~!L~§gA~~Miamjt!.era!d.com CRIME WATCH Simple tips to prevent fraud on the Internet BY CARMEN GONZALEZ CALDWEll Special to The Miami Herald O ctober is National Crime Prevention month, and this week I want to share with you information being provided by our Miami FBI office. This is a real eye- opener, and we thank the FBI for keeping us in- formed and giving us the ability to help stop fraud in its tracks. In 2010, Floridians med almost 20,000 complaints and suffered $37 million in losses through fraudulent activities on the Internet. For the past eight years, the FBI has designated October as National Cyber Security Awareness Month to high- light the importance of protecting our cyber net- works. The FBI leads the national effort to investi- gate Internet criminal ac- tivity, called cyber crime, including cyber-terrorism, computer intrusion, online sexual exploitation and major cyber frauds. This column focuses on cyber frauds. Internet criminals seek to defraud victims through a variety of schemes. The more conuuonly used methods include auction fraud, credit card fraud, identity theft, phishing attacks and holiday/charity scams. Here are a couple of examples of these scams: • In auction fraud, In- ternet criminals post classi- fied ads and auction an- nouncements for products they do not have and rip off buyers by creative use of stolen credit cards. Fraudsters receive a victim's order; charge the victim's credit card for the amount of the order, then use a separate, stolen credit card for the actual purchase. They pocket the purchase price obtained from the victim's credit card and have the mer- chant ship the item directly to the victim. Consequent- ly, an item purchased from an online auction, but re- ceived directly from the merchant, is a strong in· dication of fraud. Victims not only lose the money paid to the fraudster, but may be liable for receiving stolen goods. • In phishing schemes, a fraudster poses as a bank or other legitimate entity and uses emails and scam websites to obtain a vic- tim's personal information, such as bank account num- bers and Social Security account information. In this scam, fraudsters direct victims to follow a link or call a number to update an account 01' correct an al- leged problem. The link directs the victim to a fra.udulent website that appears legitimate. Instead, the site allows the fraudster to steal the victim's person· al information. Bottom line, only go to the official web- site to check accounts and be leery of emails claiming there is a problem with your fmancial accounts. There are several web- sites that provide informa- tion about the myriad In- ternet scams in use today. The website wwwJooks toogoodtobetrue.com was launched in October 2005 by the FBI, US. Postal Service and several com- mercial partners to educate and help protect consum- ers against Internet crimes. Additionally; the Internet Crimes Complaint Center website, www.ic3.gov.is the best location to make a complaint about Internet fraud. If you think you are a victim of an Internet crime, go to the IC3 website to register your complaint. By taking the time to educate yourself about Internet scams and taldng prudent precautions, you can benefit from the In- ternet without becoming a victim. Supervisory Special Agent Raymond T. Goer- gen leads the Computer Intrusion Squad in the FBI's Miami field office. Carmen Caldwell is executive director of Citi- zens' Crime Watch ofMi- ami-Dade. Sendfeedback and news for this column to cannen@citizenscrime watch.org, or call her at 305-470-1670, ~ ___ ~ 1! ~.Rfu'"'tltt>.etD ~_saver-Best local deals Up to 90% Off _ MiamlHerald.comldealsaver daily in your inbox! ~ SE SUNDAY, OCTOBER 23, 2011 I 37SE ~ ~ CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given thatttle City Commission of the City of South Miami, Florida wi!! conduct Public Hearings at its regular City Commission meeting scheduled forThestiay. Noyember 1. 2011, beginning at 7:30 p,m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item), ( A Resolution authorizing the City Manager to enter into a Soft\.'lare Maintenance agreement with Executime, SunGard Public Sector's only Premier Solution Providerthat supplies electronic payroll integration forthe sum of $18,750 for a five~year period, with an annual maintenance tee payment of $3,750 to be paid from account number OOH330~513~4634 Maintenance Computer Programs beginning November 1,2012; and providing for an effective date. A Resolution relating to a request pursuant to Section 20~3.4(B)(16) of the Land Development Code for Special Use Approval to locate a barber ShOp at 5825 SW 68 Street wi1hin the "LO" Low*lntensity Office zoning district A Resolution authorizing the City Managerto execute a 5-year agreement with,,"",c"c __ forthe pool operatIOns and management of the planned Murray Park Community Pool. An Ordinance amending the City of South Miami Pension Plan, providing for an amendment to Section 16*21 Purchase of credited service, to provide an incentiVe for retirement for Qualified police officer employees of the City of South Miami by inCluding an additional eight (8) months of prior credited service, within a specified period of time. An Ordinance amending the South Miami Pension Plan, providing for an amendment to Section 1&-12, Definitions, Section 16·13, Eligibility, to Section 16-14, Pension Benefits and Retirement Dates, Section 16-19, Contributions 10 comply with current City policy concerning the definltions of annual compensation and final average compensation; and also amending Section 16-13, Eligibility. An Ordinance amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to adopt a new future land use map category entitled "low Density Multiple*Family Residential (Two-Story)," \'Jhich in the future could be applied to development projects and properties providing mu!tiple·famlly units or townhouse units in transitional residential areas. An Ordinance amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future Land Use Element in order to amend the future land use map category entitled "Public/Institutional (Two*story),~ removing schools (educational) and churches from the category; which could be applied to development projects and properties providing governmental facilities, utilities and could also permit other ancillary uses implemented by the category, with bul!ding heights and intensities compatible with surrounding districts . An Ordinance amending the text of the South Miami Comprehensive Plan, by amending the Comprehensive Plan Future land Use Element in order to adopt a new future land use map category entitled "Religious (Two·Slory),"which could be appliedlo development projects and properties providing religious facilitles and could also permit other ancillary uses implemented by the category, with bullding heights and intensities compatible with surrounding districts. An Ordinance amending the City of the South Miami Comprehensive Plan to amend the current future land use map category titled "Publicflnstitutional Uses (Four~Story). n An Ordinance amending the City of South Miami Comprehensive Plan to adopt a new future land use map category titled "Mixed Use-Commercial/Residential (Two Story)," An Ordinance amending the City of the South Miami Comprehensive Plan to adopt a new future land use map category titled "Hospilal." ALL interested parties are invited to attend and wil! be heard . For further information, please contact the City Clerk's Office at: 305-663*6340, Maria M. Menendez, CMC City Cieri< Pursuant to Acrida Statutes 286.G105, lIle City hereby advises the public that if a pefS\lll decides 10 appeal any decisIQIl made by this Soard,Agency or Commissloo with respect to any matter considered at its meeUng or hearing, he or she will need a reCQrd of the proceeJJ!ngs, and that for sucl! purpose, affected person may need to ensure thata verbatim record of the proceedings is made which reCQrd includes the tes~mcny and evidence upo!! whiCh the appeal is to be based.