HomeMy WebLinkAboutAgenda Report - October 19, 2016 C-11TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C41
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Service
Maintenance Agreement with Sungard Public Sector, Inc., of Lake
Mary, Florida and Further Authorize the City Manager to Execute Future Budgeted
Annual Maintenance Agreements with Sungard Public Sector, Inc., on Behalf of
the City of Lodi ($151,921.38)
MEETING DATE: October 19, 2016
PREPARED BY: Chief of Police
RECOMMENDED ACTION: Adopt Resolution Authorizing City Manager to Execute Service
Maintenance Agreement with Sungard Public Sector, Inc., of Lake
Mary, Florida and Further Authorize the City Manager to Execute
Future Budgeted Annual Maintenance Agreements with Sungard
Public Sector, Inc., on Behalf of the City of Lodi ($151,921.38)
BACKGROUND INFORMATION: Since 2009 the Lodi Police Department has utilized Sungard Public
Sector, Inc. as the provider of our department computer aided
dispatch system.
The Sungard OSSI system provides records management, computer-aided dispatching, in -field reporting,
mobile computing, and statistical data that enhance the department's ability to function more efficiently.
An annual maintenance agreement is required; and provides software and hardware support to address
software issues and system malfunctions.
The City extended the agreement from October 2015 through September 2016 at a cost of $147,495.72.
The service contract for October 2016 through September 2017 was increased by 3 percent to
$151,921.38. The maintenance agreement provides ongoing technical support that will minimize any
disruption in the department's ability to provide service. Staff further requests authorization allowing the
City Manager to execute all future budgeted annual maintenance agreements with Sungard Public Sector
on behalf of the City of Lodi.
FISCAL IMPACT: $151,921.38 is included in the FY 2016/17 budget.
FUNDING AVAILABLE: $151,921.38 (10031004.72450)
Jordan Ayers
Deputy City Ma age Internal Services Director
/66'U Ute.
Tod Patterson
Chief of Police
Prepared by: Paula O'Keefe, Management Analyst
APPROVED:
Stephen Schwabauer, Cj(y Manager
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on , 2016, by and between the CITY OF
LODI, a municipal corporation (hereinafter "CITY" or "Customer"), and SunGard Public Sector Inc., a
Florida Corporation (hereinafter "CONTRACTOR" or "SunGard Public Sector")
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in accordance with attached
Exhibit A - Scope of Services attached hereto and incorporated by this reference.
CITY wishes to enter into an agreement with CONTRACTOR for support and maintenance
services (hereinafter "Support") as set forth in the Scope of Services and the related terms and conditions
attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to
CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services
as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement on the date set forth in Section
2.6 and shall perform all services in a commercially reasonable manner and complete work under this
Agreement as designated in Section 2.6.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products
as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide
required data or review documents within the appropriate time frames. The review time by CITY shall not
be counted against CONTRACTOR's contract performance period. Also, any delays due to weather,
vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with Customer
and make commercially reasonable efforts to review and return all comments.
Section 2.3 Meetings
CONTRACTOR and CITY shall attend meetings as may be set forth in the Scope of Services.
Section 2.4 Representations, Indemnification
The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by
CITY in writing. CONTRACTOR represents it is prepared to and can perform all services within the
Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein.
CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for
CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense,
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keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and
approvals. CONTRACTOR will defend, indemnify and hold CITY harmless from and against any Toss,
cost and expense that CITY incurs because of a claim that use of a Licensed Program, as hereinafter
defined, infringes any United States copyright of others. CONTRACTOR's obligations under this
indemnification are expressly conditioned on the following: (i) CITY must promptly notify CONTRACTOR
of any such claim; (ii) CITY must in writing grant CONTRACTOR sole control of the defense of any such
claim and of all negotiations for its settlement or compromise (if CITY chooses to represent its own
interests in any such action, CITY may do so at its own expense, but such representation must not
prejudice CONTRACTOR's right to control the defense of the claim and negotiate its settlement or
compromise); (iii) CITY must cooperate with CONTRACTOR 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 Licensed
Programs and third party hardware and software specified by CONTRACTOR in writing as necessary for
use with the Licensed Program(s) giving rise to the infringement claim) from the use or combination of
products provided by CONTRACTOR with items provided by CITY or others. If any Licensed Program is,
or in CONTRACTOR's opinion is likely to become, the subject of a United States copyright infringement
claim, then CONTRACTOR, at its sole option and expense, will either: (A) obtain for CITY the right to
continue using the Licensed Program under the terms of this Agreement; (B) replace the Licensed
Program with products that are substantially equivalent in function, or modify the Licensed Program so
that it becomes non -infringing and substantially equivalent in function; or (C) refund to CITY the portion of
the license fee paid to CONTRACTOR for the Licensed Program(s) giving rise to the infringement claim,
less a charge for use by CITY based on straight line depreciation assuming a useful life of five (5) years.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any
subcontract with any other party for purposes of providing any work or services covered by this
Agreement.
Section 2.6 Term
The term of this Agreement commences on October 1, 2016 and concludes on September 30,
2017. The Term is renewable as provided in Exhibit A.
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions
of Exhibit A as well as the Fee Proposal which is attached hereto as Exhibit B and incorporated by this
reference.
CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such
additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
As provided in Exhibit A.
Section 3.3 Costs
As provided in Exhibit A.
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Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for
services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated
representative, with reasonably necessary information and assistance needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all
records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its
delegate with any relevant information requested and shall permit CITY or its delegate access to its
premises, upon reasonable notice, during normal business hours for the purpose of interviewing
employees and inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment
under this Agreement.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not discriminate in the
employment of its employees or in the engagement of any sub -CONTRACTOR on the basis of race,
color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria
prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with the Americans
with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and
guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
To the fullest extent permitted by law, and to the extent provided for under this Agreement, for
claims related to bodily injury, death and damage to real property and tangible personal property, as well
as fines, assessments and penalties imposed by any authority, Contractor shall indemnify and hold
harmless the CITY from and against all direct damages and costs of any kind, including but not limited to
reasonable attorney fees, arising out of or resulting from any negligent acts, or negligent omissions of
Contractor, regardless of whether such claims are caused in part by any party indemnified hereunder, but
not to the extent that the CITY is legally liable for such damages and costs. In no event, however, will
Contractor be liable for any consequential damages, including lost profits, savings or reprocurement
costs, even if Contractor has been advised of their possibility.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or City employee
shall be personally responsible for any liability arising under this Agreement.
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Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or parts of the work
described in the Scope of Services, except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage
as set forth in Exhibit C attached hereto and incorporated by this reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal
representatives to this Agreement without the written consent of the others. CONTRACTOR shall not
assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to
any such transfer shall be at the sole discretion of CITY. Notwithstanding, CONTRACTOR reserves the
right to assignment of this Agreement to CONTRACTOR's successor by merger or consolidation or to any
person or entity that acquires all or substantially all of its capital stock or assets
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing signed by an
authorized representative of the sender and shall be deemed to have been given when the same is
personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days
from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective
parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Paula O'Keefe
To CONTRACTOR: SunGard Public Sector Inc.
1000 Business Center Drive
Lake Mary, FL 32746
Attn: Vice -President
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant information it has at its
disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it
shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY
shall not direct the work and means for accomplishment of the services and work to be performed
hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet
specific standards without regard to the manner and means of accomplishment thereof.
Section 4.11 Termination
See Exhibit A, Section 9.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products produced under
this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY
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agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by
CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or
permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the
California Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation
arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect.
In the event any dispute between the parties arises under or regarding this Agreement, the prevailing
party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does
not prevail as determined by the San Joaquin County Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires
CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and
pay the appropriate fees prior to performing any work hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for convenience only and
shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered hereunder. This Agreement may not be modified or altered except in
writing, signed by both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single document. Should any
inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of
this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other material
documents or data, and working papers, whether or not in final form, which have been obtained or
prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request,
CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business
hours. Upon termination or completion of services under this Agreement, all information collected, work
product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting
from CITY's use of such documents for any purpose other than the purpose for which they were intended.
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Notwithstanding any contrary terms contained in this Section 4.19, all Vendor Programs are and
shall remain the sole property of SunGard Public Sector as provided under Exhibit A, Section 7.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the parties to execute
this Agreement.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the
date first above written.
ATTEST:
CITY OF LODI, a municipal corporation
JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER
City Clerk City Manager
APPROVED AS TO FORM: SUNGARD PUBLIC SECTOR INC.
r
JANICE D. MAGDICH , u Name: LISA NEUMANN
City Attorney Title: Controller
Attachments:
Exhibit A - Scope of Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Funding Source:10031004.72450
(Business Unit & Account No.)
Doc ID:
CA:rev.09.2011
6
Exhibit A
Scope of Services
SUNGARD PUBLIC SECTOR INC.
LICENSED PROGRAM(S) SUPPORT AGREEMENT
WITNESSETH:
WHEREAS, SunGard Public Sector and Customer entered into that certain SunGard Public
Sector Software License Agreement dated September 2, 2008 (the "License Agreement") under which
Customer obtained a perpetual, non-exclusive, nontransferable license to use certain computer software
in object code form and related user documentation on certain terms and conditions;
WHEREAS, Customer desires to receive the Support, as defined herein, from SunGard Public
Sector and SunGard Public Sector desires to render the Support to Customer with respect to the
Licensed Program (as hereinafter defined) on the terms and conditions set forth herein;
NOW THEREFORE, in consideration of the premises hereof, and the mutual obligations herein,
the parties hereto, intending to be legally bound, hereby agree as follows:
Section 1
DEFINITIONS
For the purposes of this Agreement, the following definitions shall apply to the respective
capitalized terms:
1.1 "Licensed Program." "Licensed Program" means the software identified in a schedule, supplement
or amendment to the License Agreement between the parties (Schedules), including any extracts
from such software, derivative works of such software, or collective works constituting such software
(such as subsequent Releases) to the extent offered to Customer under this Agreement or License
Agreement. This excludes computer software not developed by SunGard Public Sector which might
be used in conjunction with the SunGard Public Sector Public Safety Licensed Program, such as
word processors, spreadsheets, terminal emulators, etc.
1.2 "Modification." "Modification" means a change to the Licensed Program requested by Customer to
meet its specific needs and use, adding value, functionality and/or desirability for Customer.
1.3 "Agreement Term." An initial period shall commence upon the Maintenance Plan Start Date
reflected on Exhibit B and extend for a period of one year. Thereafter, the Agreement Term shall
automatically renew for successive periods of one year each unless and until terminated pursuant to
Section 9 hereof or otherwise superseded by the execution of a new Licensed Program Support
Agreement. In no event, however, shall the Agreement Term extend beyond the prescribed term of
the License Agreement.
1.4 "Error." Any failure of the Licensed Program to conform in all material respects to the functional
specifications for the Licensed Program published from time to time by SunGard Public Sector.
However, any nonconformity resulting from Customer's misuse or improper use of the Licensed
Program or combining or merging the Licensed Program with any hardware or software not supplied
by SunGard Public Sector, or not authorized to be so combined or merged by SunGard Public
Sector, shall not be considered an Error.
Nor shall Licensed Program or data file damage resulting from unauthorized software alterations
(including problems, errors, or malfunctions caused or created by the operator), customizing of
programs, accident, neglect, power surge or failure, lightning, operating environment not in
conformance with the manufacturer's specifications (for electric power, air quality, humidity or
temperature), operating system errors, or hardware malfunction be considered an Error.
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1.5 "Error Correction." Either a software modification or addition that, when made or added to the
Licensed Program, establishes material conformity of the Licensed Program to the functional
specifications, or a procedure or routine that, when observed in the regular operation of the Licensed
Program, eliminates the practical adverse effect on Customer of such nonconformity. Not covered
under Error Correction is the responsibility for data file damage due to software or hardware
malfunction.
1.6 "Enhancement." Any modification or addition that, when made or added to the Licensed Program,
materially changes its utility, efficiency, functional capability, or application, but that does not
constitute solely an Error Correction. Enhancements may be designated by SunGard Public Sector
as minor or major, depending on SunGard Public Sector's assessment of their value and of the
function added to the preexisting Licensed Program.
1.7 "Coverage Hours." Monday through Friday 7:00 A.M. to 6:00 P.M. Eastern Standard Time excluding
holidays for any questions regarding the Licensed Program(s) included in this Agreement. For a
Major Application Problem on SunGard Public Sector's Base Computer Aided Dispatch System
(Base CAD) only, SunGard Public Sector coverage hours will be 24 -hours per day, 7 -days per week.
1.8 "Response Time." Within Eight (8) hours of the Coverage Hours from the time that SunGard Public
Sector verifies that an Error is present, SunGard Public Sector will initiate work toward development
of an Error Correction for a Major Application Problem. Minor Application Problems will be fixed with
the next scheduled Licensed Program Release.
1.9 "Licensed Program Releases." New versions of the Licensed Program, which new versions may
include both Error Corrections and Enhancements.
1.10 "System Administrator." An agent of Customer with sufficient training and/or experience with the
Licensed Program to communicate effectively with the SunGard Public Sector Support personnel.
1.11 "Major Application Problem." The Licensed Program is not functioning to the point that the Licensed
Program is the cause of the Customer not being able to enter CAD calls, dispatch units, or update
unit status in the Base CAD system. Therefore, the Base CAD system is down or non -operational
because of the Licensed Program as determined by SunGard Public Sector.
1.12 "Minor Application Problem." The Licensed Program functions with inconveniences or
programmatic error; however, the Licensed Program has not stopped Customers' daily operations.
1.13 "Non -Application Problem" is a problem, which is determined by SunGard Public Sector to have
been caused by a source other than the Licensed Program, such as hardware failure, network
malfunction, etc.
Section 2
ELIGIBILITY FOR SUPPORT
To be eligible for support for a Licensed Program, Customer must meet the following requirements.
Acceptance of this Agreement by SunGard Public Sector is conditioned upon confirmation by SunGard
Public Sector that the Licensed Program is eligible for support. Customer agrees that the obligation of
SunGard Public Sector to continue to provide Services with respect to a Licensed Program shall
terminate if, at any time during the term of this Agreement, these requirements are not met. To be eligible
for Support for a Licensed Program, Customer must meet all of the following requirements:
a. Customer has a valid Software License Agreement for the Licensed Program.
b. Customer has a System Administrator.
c. The hardware configuration on which the Licensed Program is to be used is supported by
SunGard Public Sector.
d. Customer is, and remains, in compliance with the schedule of payments.
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SunGard Public Sector may require Customer to appoint a new System Administrator if SunGard Public
Sector determines that the System Administrator does not have the training or experience necessary to
communicate effectively with the SunGard Public Sector support personnel.
Section 3
SCOPE OF SERVICES
3.1 During the Agreement Term, SunGard Public Sector shall render the following services in support of
the Licensed Program, during Coverage Hours, subject to the compensation fixed for each type of
service in SunGard Public Sector 's current rate schedule:
a. SunGard Public Sector shall maintain a program control center capable of receiving by
telephone any operator reports of system irregularities.
b. SunGard Public Sector shall maintain a telephone hot line that allows Customer to report
system problems and seek assistance in use of the Licensed Program.
c. SunGard Public Sector shall maintain a trained staff capable of rendering the services set
forth in this Agreement.
d. SunGard Public Sector shall be responsible for using all reasonable diligence in correcting
verifiable and reproducible Errors when reported to SunGard Public Sector in accordance
with SunGard Public Sector's standard reporting procedures. SunGard Public Sector shall,
after verifying that such an Error is present, initiate work, within Response Time, in a diligent
manner toward development of an Error Correction. Following completion of the Error
Correction, SunGard Public Sector shall provide the Error Correction through a "temporary
fix" consisting of sufficient programming and operating instructions to implement the Error
Correction, and SunGard Public Sector shall include the Error Correction in all subsequent
Releases of the Licensed Program. SunGard Public Sector shall not be responsible for
correcting Errors in any version of the Licensed Program other than the most recent Release
of the Licensed Program, provided that SunGard Public Sector shall continue to support
prior Releases superseded by recent Releases for a reasonable period sufficient to allow
Customer to implement the newest Release, not to exceed 180 days.
e. SunGard Public Sector may, from time to time, issue new Releases of the Licensed
Program to its customers generally, containing Error Corrections, minor Enhancements,
and, in certain instances if SunGard Public Sector so elects, major Enhancements.
SunGard Public Sector shall provide Customer with one copy of each new Release, without
additional charge. SunGard Public Sector shall provide reasonable assistance to help
Customer install and operate each new Release, provided that such assistance, if required
to be provided at Customer's facility, shall be subject to the supplemental charges set forth
in SunGard Public Sector's current rate schedule.
f. Subject to space availability and training fees, Customer may enroll its employees in
SunGard Public Sector's training classes.
g.
SunGard Public Sector shall consider and evaluate the development of Enhancements for
the specific use of Customer and shall respond to Customer's requests for additional
services pertaining to the Licensed Program (including, without limitation, data conversion
and report -formatting assistance), provided that such assistance, if agreed to be provided,
shall be subject to supplemental charges mutually agreed to by SunGard Public Sector and
Customer.
h. SunGard Public Sector's software support is intended exclusively for SunGard Public
Sector's Licensed Program(s); however, SunGard Public Sector can optionally provide first
line support for selected operating systems where SunGard Public Sector has an agreement
with the supplier. When the Customer contracts for this service, SunGard Public Sector will
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make a good faith effort to find solutions to operating system problems. However, Customer
must be aware of the following facts:
1. In some cases, Customer is in a much better position to deal with operating system
issues because they are on-site and because of technical expertise they may have. In
these cases, SunGard Public Sector recommends that they work directly with the
appropriate operating system vendor on these matters. SunGard Public Sector will still
be available to provide assistance whenever needed.
2. SunGard Public Sector is required to work with the company that supplied the operating
system. If that company fails to provide quality support, SunGard Public Sector will not
be able to provide quality support to our customers.
3. Some operating system problems can only be solved on-site. If and when this situation
occurs, SunGard Public Sector personnel will travel to Customer's site with Customer's
approval. Customer will be billed according to the SunGard Public Sector's professional
services fee schedule plus the Customer will be billed for travel expenses and
comprehensive per diem.
4. In the event that a bug is identified in the operating system, SunGard Public Sector will
immediately report the problem directly to the provider. However, SunGard Public Sector
and the Customer will be required to accept their schedule for fixing the problem.
5. If enhancement requests are made to SunGard Public Sector for changes to the
operating system, SunGard Public Sector will pass them along to the provider. SunGard
Public Sector can make no commitments as to when, or if, the enhancements will be
included in future releases.
6. SunGard Public Sector will provide assistance with operating system upgrades via phone
but Customer is responsible for obtaining the upgrade from the vendor and paying any
required fee.
7. Most operating system upgrades require on-site assistance. The fee for on-site
assistance is not included with SunGard Public Sector software support.
8. SunGard Public Sector must approve all operating system upgrades in advance to verify
that the upgrade is necessary and compatible with the SunGard Public Sector Licensed
Program(s).
3.2 The following items are specifically not covered by this Agreement:
a. Any hardware failure including, but not limited to, failure caused by wiring, multiplexers,
modems, phone lines, power, or connectors. Also, any hardware limitations due to
insufficient memory, disk storage or processing power.
b. Any problems caused by hardware failure.
c. Any work required to restore or recover the operating system and/or data files.
d. Any problem caused by an operator.
e. Configuring, maintaining, and upgrading the operating system including, but not limited to,
backups and restores, fixes, and patches.
f. Any problems caused by incorrectly installed, configured, or maintained operating system, or
versions of the operating system not supported by SunGard Public Sector.
g.
Problems with, or caused by any software not supported by SunGard Public Sector,
including, but not limited to, SNA, word processors, terminal emulators, etc.
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h. System software installations made by the Customer without authorization of SunGard Public
Sector such as installing a new Windows SQL version.
Section 4
OBLIGATION OF CUSTOMER
4.1 Customer shall provide, without charge to SunGard Public Sector, access to its facilities in connection
with the performance of SunGard Public Sector of its obligations hereunder. It is agreed that prior
notification will be given when access is required.
4.2 Customer must provide SunGard Public Sector with information sufficient for SunGard Public Sector
to duplicate the circumstances under which a Problem in a Licensed Program became apparent.
4.3 Customer must maintain a current license of pcAnywhere, the SunGard Public Sector OSSI services
workstation, and a 128K internet connection (Cable, DSL or similar) for support of the Licensed
Programs. These items will connect to the active OSSI application data set(s) using a Licensed
Program maintained by SunGard Public Sector hereunder. If desired, the Customer may install a
dedicated 56K modem and phone line as a backup support option via dial-up. The customer shall
provide access to a voice grade local telephone line for communication with the SunGard Public
Sector support staff. SunGard Public Sector strongly recommends PC Anywhere and modem
connection as a backup solution in the event Customer loses the broadband connection. In the event
Customer elects not to maintain such, Customer acknowledges that SunGard Public Sector will not
be able to provide support and will be relieved from all obligations hereunder for providing support.
4.4 A representative of Customer must be present when any on-site support is provided. Customer
agrees that if such representative is not present when the SunGard Public Sector representative
arrives on site, no work will be performed and Customer will be charged for such SunGard Public
Sector representative.
4.5 All communications by Customer to SunGard Public Sector must be in the English language.
4.6 Customer is responsible for providing one or more qualified System Administrators as described in
Section 5. At least one of these System Administrators must be available at all times.
4.7 Customer is responsible to support and maintain all system software. Customer shall NOT upgrade
the operating system or third party software identified as integral to the operation of SunGard Public
Sector's Licensed Programs without approval from SunGard Public Sector.
Section 5
SYSTEM ADMINISTRATOR REQUIREMENTS
5.1 Each System Administrator must be certified by SunGard Public Sector by completing the following:
a. Operating System training by either SunGard Public Sector or by a certified Microsoft
training organization. This course work must include Administrating Windows 2000
Workstation, Administrating Windows 2000 Server, Windows SQL Administration (or the
most current version supported by SunGard Public Sector at the time of installation) and
other courses determined at the installation planning session based on the experience of the
individuals.
b. SunGard Public Sector's application administration and code file course for each Licensed
Program.
c. SunGard Public Sector's application training courses for each Licensed Program.
5.2 Each System Administrator must meet with a SunGard Public Sector Project Manager to review and
sign on each of SunGard Public Sector's "Licensed Program(s) and/or Services Delivered" list.
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5.3 Each System Administrator must be identified by Customer to SunGard Public Sector.
5.4 Each System Administrator must be qualified to address, without the aid of SunGard Public Sector,
all problems relating to any hardware, software or operating system not directly associated with the
Licensed Program(s).
5.5 Calls received by anyone who has not identified as a System Administrator are not covered by this
Agreement and are therefore subject to hourly fees, and are not subject to minimum Response
Time.
5.6 Each System Administrator must attend all of SunGard Public Sector's Licensed Program training.
Section 6
FEES AND CHARGES
6.1 Customer shall pay SunGard Public Sector Support fees and charges as outlined in Exhibit B.
Additional Licensed Programs may be added to this Agreement by the Schedules. SunGard Public
Sector reserves the right to change its Support fees, provided that no such change will be effective
until at least 30 days after SunGard Public Sector has given Customer written notice of such change
by means of an invoice. In addition to the foregoing changes in Support Fees, fee changes will also
result from changes in (1) Software prices, (2) Increases in the number of modules of a Licensed
Program, (3) Increases in the number of users on the system, (4) Changes in the computer
hardware or (5) Selection by Customer of different Coverage Hours.
6.2 SunGard Public Sector shall invoice Customer at the beginning of each contract year for all Support
fees. All reimbursable expenses incurred shall be invoiced at the beginning of the next calendar
month. Customer shall pay the invoiced amounts immediately upon receipt of such invoices. Any
amount not paid within thirty (30) days after the invoice date shall bear interest at the highest rate
allowed by applicable law.
6.3 Customer shall be responsible for procuring, installing, and maintaining all equipment, telephone
lines, modems, communications interfaces, and other hardware necessary to operate the Licensed
Program and to obtain from SunGard Public Sector the Services called for by this Agreement.
6.4 Customer agrees to pay additional charges according to the SunGard Public Sector fee schedule for
all work performed outside of Coverage Hours. These charges are applicable for any work
performed after hours regardless of cause even if it was reported and/or initiated during Coverage
Hours. Customer will be required to authorize any work outside of coverage hours that results in
additional charges.
6.5 On-site assistance will be performed as requested by Customer. However, Customer will be billed
according to the SunGard Public Sector fee schedule for travel expenses and comprehensive per
diem.
6.6 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 Improvements, any services provided or
payments made under 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.
Section 7
PROPRIETARY RIGHTS
7.1 To the extent that SunGard Public Sector may provide Customer with any Error Corrections or
Enhancements or any other software, including any new software programs or components, or any
compilations or derivative works prepared by SunGard Public Sector (collectively, "Vendor
12
Programs"), Customer may (1) install one set of the Vendor Programs in the most current form
provided by SunGard Public Sector , in Customer's own facility; (2) use such Vendor Programs in
connection with the Licensed Programs, and in a manner consistent with the requirements of the
License Agreement, for purposes of serving Customer's internal business needs; and (3) make one
copy of the Vendor Programs in machine-readable form for nonproductive backup purposes only.
Customer may not use, copy, or modify the Vendor Programs, or any copy, adaptation, transcription,
or merged portion thereof, except as expressly authorized by SunGard Public Sector . Upon
termination of such License Agreement, Customer shall return or destroy the Vendor Programs, and
returning the Vendor Programs in the manner required by the License Agreement shall be sufficient
for such purposes.
7.2 The Vendor Programs are and shall remain the sole property of SunGard Public Sector, regardless
of whether Customer, its employees, or contractors may have contributed to the conception of such
work, joined in the effort of its development, or paid SunGard Public Sector for the use of the work
product. Customer shall from time to time take any further action and execute any further
instrument, including documents of assignment or acknowledgment that SunGard Public Sector may
reasonably request in order to establish and protect its exclusive ownership rights in such works.
Customer shall not assert any right, title, or interest in such works, except for the non-exclusive right
of use granted to Customer at the time of its delivery or on-site development.
Section 8
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
8.1 SUNGARD PUBLIC SECTOR DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED
AND REPRESENTATIONS WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS
CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE
EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND ITS MERCHANTABILITY OR
FITNESS FOR A PARTICULAR USE.
8.2 In no event shall SunGard Public Sector's cumulative liability for any claim arising in connection with
this Agreement exceed the total fees and charges paid to SunGard Public Sector by Customer within
the last twelve (12) months.
8.3 No action, whether based on contract, strict liability, or tort, including any action based on
negligence, arising out of the performance of services under this Agreement, may be brought by
either party more than one (1) year after such cause of action accrued.
Section 9
TERMINATION
9.1 This Agreement may be terminated as follows:
a. This Agreement shall immediately terminate upon the termination of the License Agreement;
b. This Agreement may be terminated by Customer upon the expiration of the then -current
term of this Agreement, provided that at least ninety (90) days prior written notice is given to
SunGard Public Sector. SunGard Public Sector may terminate this Agreement upon the
expiration of the second term of this Agreement, provided that at least ninety (90) days prior
written notice is given to Customer; or
c. This Agreement may be terminated by either party upon thirty (30) days prior written notice if
the other party has materially breached the provisions of this Agreement and has not cured
such breach within such notice period.
9.2 Following termination of this Agreement, SunGard Public Sector shall immediately invoice
Customer for all accrued fees and charges and all reimbursable expenses, and Customer shall
pay the invoiced amount immediately upon receipt of such invoice. Customer may continue to
use any work supplied to Customer by SunGard Public Sector for the remaining term of the
License Agreement. Any amount not paid within thirty (30) days after the invoice date shall bear
interest at the rate allowed by applicable law.
13
Exhibit B
Fee Proposal
Per SunGard Public Sector Invoice Document No. 125341 which is dated August 31, 2016 and which is
attached hereto and incorporated herein by this reference.
14
SUNGARD" PUBLIC SECTOR
1000 Business Center Drive
Lake Mary, FL 32746
800-727-8088
www.sungardps.com
Bill To: Lodi Police Department
215 W. Elm St.
LODI, CA 95240
United States
Attn: Paula O'Keefe 209-333-6722
Customer Grp/No. Customer Name
1 5858LG Lodi Police Department
No SKU Code/Description/Comments
Contract No. 080877
4
5
6
10
11
12
13
14 OSSI Telestaff Interface
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
Company
LG
Invoice
Document No Date
125341 31/Aug/2016
Ship To: Lodi Police Department
215 W. Elm St.
LODI, CA 95240
United States
Attn: Paula O'Keefe 209-333-6722
Customer PO Number
OSSI Base Computer Aided Dispatch System Tier 3
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Additional CAD Console License
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Alpha Numeric Paging Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
ONESolution CAD Map Display and Map Maintenance Software License
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
ONESolution CAD Map Display & Map Maintenance Software Site License
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI CAD Resource Monitor Display License with Maps Client
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Rip and Run Printing/Faxing Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI CAD Roster Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI E911 Interface Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Firehouse RMS Interface
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Interface to Pagegate
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Station Toning Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Zetron Model 3030 TDD Interface
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
Currency
USD
Terms
NET30
Page
1 of 6
Due Date
30/Sep/2016
Units Rate Extended
1.00 13,953.44 13,953.44
3.00 782.44 2,347.32
1.00 1,103.43 1,103.43
1.00 1,103.43 1,103.43
5.00 401.26 2,006.30
2.00 300.94 601.88
1.00 1,103.43 1,103.43
1.00 1,103.43 1,103.43
1.00 1,103.43 1,103.43
1.00 1,103.43 1,103.43
1.00 200.62 200.62
1.00 1,103.43 1,103.43
1.00 902.82 902.82
1.00 1,103.43 1,103.43
Page Total ,
28,839.82
SUNGARD° PUBLIC SECTOR
1000 Business Center Drive
Lake Mary, FL 32746
800-727-8088
www.sungardps.com
Bill To: Lodi Police Department
215 W. Elm St.
LODI, CA 95240
United States
Attn: Paula O'Keefe 209-333-6722
Invoice
Company
LG
Document No Date
125341 31/Aug/2016
Page
2 of 6
Ship To: Lodi Police Department
215 W. Elm St.
LODI, CA 95240
United States
Attn: Paula O'Keefe 209-333-6722
Customer Grp/No.
1 5858LG
No
15
16
17
18
19
20
21
22
23
24
25
26
27
Customer Name
Lodi Police Department
SKU Code/Description/Comments
Customer PO Number
OSSI Base Mobile Server Software Client - 50
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
ONESolution CAD Client AVL License
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Client AVL Mobile License
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI AVL Server Host License
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI MCT Client for Digital Dispatch
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Mobile Client Maps
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI License of Incident/Offense Field Reporting Module Client
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI - MFR Client - Accident Reporting
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Mobile Arrest Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI - MFR Client - MOBLAN Version
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI - MCT Interface to Firehouse
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Review Module for Field Reporting - 50
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI's Integrated Messaging Software Switch
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
28 OSSI - LAN Client License for Message Switch
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
29 OSSI Canine Module in MFR
Currency
USD
Terms
NET30
Due Date
30/Sep/2016
Units
Rate
1.00 4,012.49
7.00 401.26
35.00 26.75
1.00 7,021.86
35.00 177.44
35.00 35.67
35.00 177.44
85.00 89.17
35.00 53.50
50.00 89.17
1.00 1,504.69
1.00 3,120.83
1.00 4,012.49
30.00 60.18
2.00 53.50
Page Total
Extended
4,012.49
2,808.82
936.25
7,021.86
6,210.40
1,248.45
6,210.40
7,579.45
1,872.50
4,458.50
1,504.69
3,120.83
4,012.49
1,805.40
107.00
52,909.53
SUNGARD' PUBLIC SECTOR
1000 Business Center Drive
Lake Mary, FL 32746
800-727-8088
www.sungardps.com
Bill To: Lodi Police Department
215 W. Elm St.
LODI, CA 95240
United States
Attn: Paula O'Keefe 209-333-6722
Customer Grp/No.
1 5858LG
Customer Name
Lodi Police Department
Company
LG
Invoice
Document No Date Page
125341 31/Aug/2016 3 of 6
Ship To: Lodi Police Department
215 W. Elm St.
LODI, CA 95240
United States
Attn: Paula O'Keefe 209-333-6722
Customer PO Number Currency
USD
No SKU Code/Description/Comments
Maintenance Start: 01/Oct/2016, End. 30/Sep/2017
OSSI Police to Citizen
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Client Base Records Management System - 50,
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Police to Police Internet Data Sharing
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Basic Accident Module - 50
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Accident Wizard Base Server License
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Accident Wizard Workstation License Client
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Animal Control Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
37 OSSI Bar Coding Server License
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Bike Registration Module -10
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Calls for Service Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI RMS Canine Tracking Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Crime Analysis Module -Client License
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Crime Stoppers Management Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
30
31
32
33
34
35
36
38
39
40
41
42
43 OSSI Document Scanning and Storage
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
Terms
NET30
Due Date
30/Sep/2016
Units Rate
1.00 2,229.17
1.00 14,480.65
1.00 0.00
1.00 980.84
1.00 891.66
95.00 26.75
1.00 1,337.50
1.00 445.84
1.00 267.49
1.00 356.67
1.00 980.84
1.00 2,229.17
1.00 624.17
1.00 1,783.33
Page Total
Extended
2,229.17
14,480.65
0.00
980.84
891.66
2,541.25
1,337.50
445.84
267.49
356.67
980.84
2,229.17
624.17
1,783.33
29,148.58
SUNGARD' PUBLIC SECTOR
1000 Business Center Drive
Lake Mary, FL 32746
800-727-8088
www.sungardps.com
Bill To: Lodi Police Department
215 W. Elm St.
LODI, CA 95240
United States
Attn: Paula O'Keefe 209-333-6722
Customer Grp/No.
1 5858LG
Customer Name
Lodi Police Department
Company
LG
Invoice
Document No Date
125341 31/Aug/2016
Page
4 of 6
Ship To: Lodi Police Department
215 W. Elm St.
LODI, CA 95240
United States
Attn: Paula O'Keefe 209-333-6722
Customer PO Number Currency
USD
No SKU Code/Description/Comments
44 OSSI Felony Registration Module -10
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
45 OSSI Generic Permit Module - 10
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
46 OSSI Bar Coding Hand -Held Client License (Each)
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
47 OSSI - Link Analysis Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
48 OSSI RMS Map Display and Pin Mapping License - 50
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
49 OSSI Notification Module - 50
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
50 OSSI Ordinance Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
51 OSSI Probation and Parole Module - 10
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
52 OSSI - Problem Oriented Policing Module - 10
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
53 OSSI Property and Evidence Module
Maintenance Start: 01/Oct/2016, End; 30/Sep/2017
54 OSSI Residential Security Watch - 10Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
55 OSSI Sex Offender Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
56 Gang Profile Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
57 OSSI Professional Standards (Internal Affairs) Module Client
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
58 OSSI Client Jail Management System Module - 5
Terms
NET30
Due Date
30/Sep/2016
Units
Rate Extended
1.00 267.49
1.00 535.00 535.00
2.00 284.22 568.44
1.00 3,120.83 3,120.83
1.00 1,783.33 1,783.33
1.00 2,532.33 2,532.33
1.00 267.49 267.49
1.00 267.49 267.49
1.00 624.17 624.17
1.00 980.84 980.84
1.00 267.49 267.49
1.00 2,674.99 2,674.99
1.00 1,337.50 1,337.50
1.00 3,120.83 3,120.83
267.49
1.00
2,674.99
Page Total
2,674.99
21,023.21
SUNGARD" PUBLIC SECTOR
1000 Business Center Drive
Lake Mary, FL 32746
800-727-8088
www.sungardps.com
Bili To: Lodi Police Department
215 W. Elm St.
LODI, CA 95240
United States
Attn: Paula O'Keefe 209-333-6722
Customer Grp/No.
1 5858LG
Customer Name
Lodi Police Department
No
59
60
Company
LG
Invoice
Document No Date
125341 31/Aug/2016
Page
5 of 6
Ship To: Lodi Police Department
215 W. Elm St.
LODI, CA 95240
United States
Attn: Paula O'Keefe 209-333-6722
Customer PO Number Currency
USD
Terms
NET30
Due Date
30/Sep/2016
SKU Code/Description/Comments
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Site License Mugshot Display Software License - 75
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
OSSI Mugshot Capture Station Software Only
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
61 OSSI State Livescan Interface
Maintenance Start: 01/Oct/2016,
Contract No. 080877-3
64 OSSI Concealed Weapons Registration Module
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
Contract No. 090867
63 OSSI RMS Custom Modification - Dataworks Interface
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
Contract No. 130373
65 OSSI CAD Resource Monitor Display License with Maps - POP Tier 2
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
Contract No. 2009-2119
62 OSSI - Lodi Interface to San Joaquin County
Maintenance Start: 01/Oct/2016, End: 30/Sep/2017
Contract No.
66
67
Tax (Type - CM)
Tax (Type - MA)
End: 30/Sep/2017
Units Rate Extended
1.00 4,681.25 4,681.25
1.00 980.84 980.84
1.00 1,515.83 1,515.83
1.00 262.26 262.26
1.00 891.66 891.66
1.00 2,970.52 2,970.52
1.00 2,889.00 2,889.00
1.00 0.00 0.00
1.00 5,808.88 5,808.88
Page Total 20,000.24
SUNGARD' PUBLIC SECTOR
1000 Business Center Drive
Lake Mary, FL 32746
800-727-8088
www.sungardps.com
Bill To: Lodi Police Department
215 W. Elm St.
LODI, CA 95240
United States
Attn: Paula O'Keefe 209-333-6722
Company
LG
Invoice
Document No Date
125341 31 /Aug/2016
Page
6 of 6
Ship To: Lodi Police Department
215 W. Elm St.
LODI, CA 95240
United States
Attn: Paula O'Keefe 209-333-6722
Customer Grp/No. Customer Name
1 5858LG Lodi Police Department
Customer PO Number Currency
USD
Terms
N ET30
Due Date
30/Sep/2016
io SKU Code/Description/Comments
Extended
Remittance: SunGard Public Sector
Bank of America
12709 Collection Center Drive
Chicago, IL 60693
Subtotal
Inquiries: Accounts.ReceivableLG SunGardPS.cam
nvoice Total
Payment Received
Balance Due
146,112.50
5,808.88
151,921.38
EXHIBIT C
Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of
this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor
and any subcontractor performing work covered by this Agreement from claims for damages for personal
injury, including accidental death, as well as from claims for property damages, which may arise from
Contractor's operations under this Agreement, whether such operations be by Contractor, or by any
subcontractor, or by anyone directly or indirectly employed by either of them, and the amount of such
insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$2,000,000 Each Occurrence
$4,000,000 General Aggregate
2. ERRORS AND OMISSIONS/TECHNOLOGY
$2,000,000 Per Claim
$5,000,000 Annual Aggregate
Covering all acts, errors, omissions, negligence, network security and privacy risks, including but
not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure,
collection, or other negligence in the handling of confidential information, privacy perils, and including
coverage for related regulatory defense and penalties; data breach expenses, and payable whether
incurred by City of Lodi or Contractor, including but not limited to consumer notification, whether or not
required by law, computer forensic investigations, public relations and crisis management firm fees, credit
file or identity monitoring or remediation services in the performance of services for, or on behalf of, City
of Lodi.
Such insurance shall be maintained in force at all times during the term of the agreement and provide an
Extended Reporting Period (ERP) for a period of one year thereafter, for services completed during the
term of the agreement.
All deductibles or self-insured retentions (SIR) shall not reduce the limits of liability set forth hereinabove.
Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits
specified in these insurance requirements Contractor agrees and stipulates that any insurance coverage
provided to the City of Lodi shall provide for a claims period following termination of coverage which is at
least consistent with the claims period or statutes of limitations found in California Tort Claims Act
(California Government Code Section 810 et seq.).
A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City.
a. Additional Named Insured Endorsement
Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides
liability coverage at least as broad as this form) such insurance as is afforded by this policy shall
also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents,
employees, and volunteers as additional named insureds.
This coverage will be provided by a blanket additional insured endorsement.
b. Primary and Non -Contributory Insurance Endorsement
Additional insurance coverage under the Contractor's policy shall be "primary and non-
contributory" and will not seek contribution from City's insurance or self-insurance and shall be at
least as broad as ISO form CG 20 01 04 13.
Both endorsements will be blanket endorsements The insurance certificate must state, on its
face or as an endorsement, a description of the project that it is insuring.
c. Waiver of Subrogation
Include a waiver of subrogation against the City of Lodi, its elected and appointed boards,
commissions, officers, agents, employees, and volunteers. This will be a blanket waiver of
subrogation in conjunction with this executed agreement.
d. Limits of Coverage
The limits of insurance coverage required may be satisfied by a combination of primary and
umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or
be endorsed to contain, a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of the City before the City's own insurance or self-insurance
shall be called upon to protect the City as a named insured.
e. Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more than
one insured shall not operate to increase the limit of the company's liability.
f. Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. Within 10
days following the expiration of each insurance policy, Contractor shall furnish a certificate(s)
showing that new or extended policy has been obtained which meets the minimum requirements
of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason,
Contractor shall immediately notify the City and immediately obtain replacement insurance.
g.
Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide
proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for
premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate
then in effect in California. The City shall notify Contractor of such payment of premiums within
thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of
interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the months
following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor
fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide
proof of insurance, the City may terminate this Agreement upon such breach. Upon such
termination, Contractor shall immediately cease use of the Site or facilities and commence and
diligently pursue the removal of any and all of its personal property from the site or facilities.
h. Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do
business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide,
and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted
provided they are included on the most recent list of California eligible surplus lines insurers
(LESLI list) and otherwise meet City requirements.
NOTE: The City reserves the right to obtain a full certified copy of any insurance endorsements
required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise
after the effective date.
RESOLUTION NO. 2016-181
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SERVICE
MAINTENANCE AGREEMENT WITH SUNGARD PUBLIC SECTOR, INC.,
AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
FUTURE BUDGETED ANNUAL MAINTENANCE AGREEMENTS WITH
SUNGARD PUBLIC SECTOR, INC., ON BEHALF OF THE CITY OF LODI
WHEREAS, in 2009 the Lodi Police Department purchased a new computer system from
Sungard Public Sector, Inc.; and
WHEREAS, the Sungard OSSI system provides records management, computer aided
dispatching, field reporting, mobile computing and other functions which allow the department to
function more efficiently; and
WHEREAS, the annual service maintenance agreement between the Lodi Police
Department and Sungard Public Sector provides for software and hardware support in the event
of system malfunctions, and minimizes any disruption in the department's ability to provide
service to the public.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize
the City Manager to execute the Annual Service Maintenance Agreement for computer aided
dispatch system with Sungard Public Sector, Inc., of Lake Mary, Florida, and authorize payment
in the amount of $151,921.38 from the 2016/17 Lodi Police Department Operating Budget; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute
future budgeted Annual Maintenance Agreements with Sungard Public Sector, Inc., on behalf of
the City of Lodi.
Dated: October 19, 2016
I hereby certify that Resolution No. 2016-181 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held October 19, 2016 by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, and Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mayor Chandler
ABSTAIN: COUNCIL MEMBERS — None
Tr. --__eitiviucte6
�JvNNIFEII . FERRAIOLO
City Clerk
2016-181