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CM-07-09-207Contract Number: 20040987-1 Amendment to that certain Supplement Agreement No. 2 (the "Supplement") dated September 23, 2004 This Amendment (the "Amendment") to the Supplement is made and dated as of the date executed below among SunGard HTE Inc., as successors in interest to Open Software Solutions, Inc., ("SunGard"), a Florida Corporation, with its principal place of business at 1000 Business Center Drive, Lake Mary, Florida 32746 and City of Round Rock ("Customer"), with its principal place of business at 615 E. Palm Valley Road, Round Rock, TX 78664. In the event of any conflict between this Amendment and the Supplement, this Amendment shall control. Terminated Licensed Programs The parties hereto amend the Supplement by terminating the following SunGard Licensed Programs (the "Terminated Programs"). Qty Part # SunGard Licensed Program Qty Part # OSSI Records Management System 1 RMS-INCODE-INTF INTERFACE TO INCODE COURT SYSTEM The parties hereby terminate Customer's license to use the Terminated Programs. Customer agrees to destroy or return the Terminated Programs to SunGard. In the event Customer elects to re -license the Terminated Program(s) in the future, they shall be licensed at the fees in effect at that time. Customer has paid the amount of Ten Thousand Dollars ($10,000.00) towards the purchase of the Terminated Programs. SunGard agrees to credit Customer's account in this amount to be used towards the purchase of the additional Licensed Programs listed below. SunGard absolves and relieves Customer from the obligation, if any, to pay the remaining balance that may be owed on the Terminated Programs. Each party hereby releases, acquits and discharges the other party of and from any and all claims, debts, demands, rights of indemnification, and causes of action of whatsoever nature, whether in contract or otherwise, whether arising under or by virtue of any statute or regulation, whether known or unknown, suspect or unsuspected, or whether having arisen or hereafter to arise for any losses or damages of which have accrued or may ever hereafter accrue to the other party, arising out of or on account of the Terminated Programs. Neither the fact of compromise, settlement and release, nor the payment, acceptance, or relinquishment of any consideration hereunder or under the Agreement, nor the execution of this Amendment shall be construed or taken in any way as an admission of fault, liability or responsibility on the part of SunGard, and Customer, including its employees and agents, agree to so state in any communications, characterizations, and/or dissemination concerning this matter with any third party other than its attorney. Additional Licensed Programs The parties hereto amend the Supplement by adding the following Additional Licensed Program. are mt Qty Part # SunGard Licensed Program License Fees Annual Application Support Fees Annual Application Support OSSI Records Management System Type 1 RMS-PSTLINCD-INTF INTERFACE FROM INCODE COURTS TO PISTOL' $ 15,000.00 $ 2,400.00 5X10 SunGard Licensed Program Totals $ 15,000.00 $ 2,400.00 The interface listed abovef er ace only. Customer shall be responsible for obtaining the applicable software, hardware and system software from the appropriate third party vendor. 1 of 6 ern - 0']- 09-'(20 City of Round Rock, TX 5168-20040987-1 Amendment.doc 9/25/2007 Payment Schedule* Total Contract Due Upon Contract Execution Due As Otherwise Noted License Fees $ 15,000.00 $ 5,000.00 Credit to be applied (10,000.00) Grand Total $ 5,000.00 $ 5,000.00 Annual Support (Year 2) $ 2,400.00 $ 2,400.00 APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. *Payments: THE AMOUNTS NOTED ABOVE SHALL BE PAYABLE AS FOLLOWS: License Fees: 100% upon execution of this Supplement. Application Support Fees: The initial term of support is included in License Fees. Support fees for the second term of support shall be due prior to the start of that term. Fees for subsequent terms of support will be due prior to the start of that term at the then prevailing rate. Rates for subsequent years of support service are subject to change. Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the SunGard Corporate Travel and Expense Reimbursement Policy. SunGard Support Services SunGard will provide the Customer with Support Services under the terms of the Licensed Program(s) Support Agreement. The initial term of SunGard application support services shall commence upon the Delivery Date of the first major module (such as Base CAD, RMS, JAIL or Mobile) of the Licensed Program(s) and extend for a twelve (12) month term. Subsequent terms of support will be for twelve (12) month periods, commencing at the end of the initial support period. Scheduled Resource Changes Customer acknowledges that SunGard makes every effort to schedule training and project management sessions sufficiently in advance to make effective use of SunGard's personnel and to obtain favorable prices for travel and living. Accordingly, the following cancellation charges apply to training and on-site project management sessions canceled at the request of Customer: Cancellation within seven (7) days of start date, Customer pays fifty percent (50%) of the total price for the training or on-site project management; cancellation within three (3) days of start date, Customer is responsible for entire price of the training or on-site project management. In addition to the foregoing, Customer shall be obligated to reimburse SunGard for any non-refundable expenses incurred by SunGard for travel expenses. Notwithstanding the above, SunGard will endeavor to reschedule SunGard personnel in order to mitigate Customer's costs and expenses under this paragraph. To the extent SunGard is successful in such rescheduling, Customer's payment obligations shall be reduced. Publication SunGard reserves the right to publish certain information regarding this Supplement. Publication may include, but shall not be limited to, using Customer's name in a press release announcing this Supplement and listing Customer's name on SunGard's complete customer listing that is made available to other SunGard customers and potential customers. Preprinted Terms and Conditions Preprinted conditions and all other terms not included in this Supplement or in the Agreement, stated on any purchase order or other document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Agreement and any amendments thereto, shall control unless expressly accepted in writing by SunGard to Customer. 2 of 6 City of Round Rock, TX 5168-20040987-1 Amendment.doc 9/25/2007 Attachments The following Attachments are hereby made a part to this Supplement: Attachment 1 — Licensed Program and Service Descriptions Attachment 2 — General Project Conditions The terms and conditions contained in this Supplement, including the prices, will be honored as set forth herein, provided this Supplement is fully executed by September 28, 2007. CITY OF ROUND ROCK, TX SUNGARD HTE IN Authorized Signature �J ArnG3 N s6 P E . Coy ni f wi gre &Titre Date 3 of 6 ut orizeSignature Grant Harbin Vice President of Professional Service, SunGard HTE Inc. Print Name & Title 61 441 - Date City of Round Rock, TX 5168-20040987-1 Amendment.doc 9/25/2007 SCHEDULE A -PRICING AND PAYMENT SCHEDULE CUSTOMER NO. 5168; CONTRACT NO. 20040987-1 ATTACHMENT "1" LICENSED PROGRAM AND SERVICE DESCRIPTIONS Part Number: RMS-PSTLINCD-INTF Description: Long Description: This is an interface from Incode's municipal courts product, In -touch, and SunGard OSSI's Pistol RMS. This is a one way interface that would receive the ASCII text file from Incode, route the name data through name candidating in PISTOL, and insert new Active warrants into PISTOL. Note that the entry of the data for this information must start in the Municipal court system and not through PISTOL. 4 of 6 City of Round Rock, TX 5168-20040987-1 Amendment.doc 9/25/2007 SCHEDULE A -PRICING AND PAYMENT SCHEDULE CUSTOMER NO. 5168; CONTRACT NO. 20040987-1 ATTACHMENT "2" GENERAL PROJECT CONDITIONS General Project Conditions - Applies to Entire Project Item 1: This Agreement is based on the assumption that a Windows 2000 or higher Domain is already in place and functional. If this is not the case, the Customer is required to provide all necessary equipment and services for such implementation. Item 2: The Customer shall provide a certified TCP/IP network with all communications equipment and any other required components. The cabling of this network, installation of punch down panels, hubs, routers, etc. will be the responsibility of the Customer. Additionally, the Customer is responsible for acquiring software that is needed for monitoring and maintaining the network. Item 3: SunGard always recommends the highest performance connection for all LAN and WAN connections. Listed below are SunGard's recommendations in order of highest throughput: a. 1 Gb CAT5 (LAN) or Fiber (WAN) b. 100 Mb CAT5 (LAN) or Fiber (WAN) c. 10 Mb CAT5 (LAN) or Fiber (WAN) d. Line of Site Technology Item 4: If applicable, all RMS/JMS Workstations must be connected to a 10 Mb/sec or faster TCP/IP LAN. SunGard recommends a 100 Mb/sec Switched LAN for optimum performance. Item 5: If applicable, all CAD Workstations must be connected to a dedicated 100 Mb/sec switched TCP/IP LAN. Item 6: The Customer is responsible for the physical placement of all CAD and/or RMS/JMS workstations and certifying that they are operational on the Customer's network. SunGard 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's CAD Application Software interfaces with the E911 telephone switch via an RS -232 Serial Cable. The Customer must provide this cable (with accurate pin -outs) to connect their E911 ALI Controller's CAD Port to the SunGard Services Workstation's serial port. The maximum length of this cable is 50 feet. In the event that a single CAD Server is servicing multiple communication centers (one CAD Server and multiple E911 ALI sources), a SunGard Services Workstation will be required for each PSAP for proper ALI functionality. The Customer must also provide SunGard with accurate ALI interface data formats from their E911 Vendor. 5 of 6 City of Round Rock, TX 5168-20040987-1 Amendment.doc 9/25/2007 Item 8: Item 9: Item 10: For Customers that are acquiring SunGard's Message Switch, the Customer is responsible for all of the associated costs from the State to connect to and communicate with State/NCIC network. This may include the following additional costs: i. Dedicated Line ii. DSU to State Associated Installation Charges iv. Monthly Charges v. Surcharges by State vi. etc. The Customer shall implement an Uninterruptible Power Supply (UPS) system for all servers and all CAD workstations. This can be at the machine level or at the site level. SunGard recommends the use of an enterprise level Master UPS and external generator for full power backup. SunGard 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. Item 11: This Agreement is based on the current licensing policies of each third party software manufacturer as well as all hardware manufacturers. In the event that a manufacturer changes any of these respective policies or prices, SunGard reserves the right to adjust this proposal to reflect those changes. Item 12: All Hardware and System Software maintenance (i.e. Operating System, Data Backup Software, Antivirus Software, etc.) is the responsibility of the Customer. For any Hardware or System Software issues, ONLY the manufacturer's warranty applies. In the case of a Hardware or System Software issue, the product's manufacturer would be the primary source of support. SunGard can assist in determining if the problem occurrence is due to Hardware, System Software or SunGard Application Software. If the issue is found to be related to SunGard's Application Software, support would fall under the SunGard contracted support agreement. If the issue is found to be caused by Hardware or System Software, support would fall outside of the SunGard contracted support agreement and standard hourly rates would apply. Item 13: The Customer will be billed all travel and living expenses and per diem expenses per the terms of the Agreement. City of Round Rock, TX 5168-20040987-1 Amendment doc 6 of 6 9/25/2007 DATE: September 24, 2007 SUBJECT: City Manager's Approval Process - September 28, 2007 ITEM: Contract amendment with Sungard HTE, Inc. to allow the purchase of an interface the Police Department's records management system and Municipal Court's Incode court system. Department: Staff Person: Justification: Police Department Bryan Williams (H. Douglas) This contract amendment would eliminate duplicate entry of citation data by police personnel via an interface which would allow the Police Records Management System (RMS) to "read" data from Municipal Court's data system. Signing this contract by September 28 allows the City to obtain this software interface for a third of what it otherwise would cost. Funding: Cost: $5,000 Source of funds: LE Fund Outside Resources: None Background Information: Both police and court personnel have need for data coming from police citations. This purchase, in conjunction with a similar purchase from Incode, would allow for a one-way transfer of data from Incode to the police RMS. This purchase is being handled through the city manager approval process because it is an contract amendment to the original purchase of the RMS and computer aided dispatch systems. Public Comment: No Blue Sheet Format Updated 01/20/04