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HomeMy WebLinkAbout10-117 (2) Resolution No. 10-117 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SUNGARD PUBLIC SECTOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall, Assistant City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with SunGard Public Sector in connection with a City Wide NaviLine Suite Analysis,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 9,2010 Adopted: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 06/01/2010 08: 32 8479315689 PURCHASING PAGE 02/20 AGREEMENT THIS AGREEMENT is made and entered into as of this l day of June, 2010, by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as"CITY') and SUNGARD PUBLIC SECTOR, organized and existing under the laws of the State of fI cir'i , (hereinafter referred to as"CONSULTANT"). WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with a City Widc NaviLine Suite Analysis with individual Suite Analysis to be prepared for SunGard Public Sector Application Suite's financials, community development, customer information systems and work management (hereinafter collectively referred to as the PROJECT); and WHEREAS, the CONSULTANT represents that it has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE,it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein,subject to the following terms and conditions and stipulations, to-wit: 1. SCO.FE clE$ RVICES A. All work hereunder shall be performed under the direction of the BUDGET AND PURCHASING OFFICER of the CITY,herein after referred to as the"DIRECTOR". B. The CONSULTANT shall perform the services for the PROJECT as outlined in the "Suite Analyses Scope of Services,"consisting of four(4)pages attached hereto and made a part hereof as Exhibit A. 2. SCHEDULE The PROJECT shall be completed by the CONSULTANT in accordance with the schedules as described in Exhibit A attached hereto. 3. WORK PRODUCTS All work products prepared by the CONSULTANT pursuant hereto including, but not limited to,reports,plans,designs,calculations,work drawings,studies,photographs,models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the CONSULTANT may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any Received Time Jun. 1. 9: 25AM , 06/01/2010 08:32 8479315689 PURCHASING PAGE 03/20 . other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. 4. PAYMENTS TO THE CONSULTANT The CITY shall reimburse CONSULTANT for services under this Agreement the lump sum of $29,752.88 in accordance with the Investment Summary dated April 1, 2010, attached hereto and made a part hereof as Exhibit B. The CITY shall also reimburse the CONSULTANT actual and reasonable travel and living expenses for the consultants assigned to the PROJECT estimated in the amount of$1,500.00 to $2,000.00 per week for each consultant. Travel and living expenses to be reimbursed to the CONSULTANT for the PROJECT shall not exceed the total amount of$15,000.00. Should it be determined by the parties that additional travel and living expenses will be required, CONSULTANT will submit to the CITY a request for the additional travel and living expenses as part of incurring them. The CITY will not unreasonably withhold approval for the additional fees. The CITY will make payments to the CONSULTANT for service fees and training fees as incurred. Travel and out-of-pocket living expenses will be invoiced by the CONSULTANT to the CITY as incurred. 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period,and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon fifteen(15)days prior written notice to the CONSULTANT.In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as ofthc date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT'S work under this Agreement is completed. A determination of completion shall not constitute a waiver of any _ 2_ Received Time Jun. 1. 9: 25AM 06/01/2010 08:32 8479315689 PURCHASING PAGE 04/20 rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY,the CONSULTANT shall give written notice of his claim within fifteen(15)days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT'S fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement,such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition,if either party,by reason of any default, fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. 10. INDEMNIFICATION To the fullest extent permitted by law,CONSULTANT agrees to and shall indemnify,defend and hold harmless the CITY,its officers, employees, agents,boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief,including but not limited to workers compensation claims,in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith,including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement. In the event of any action against the CITY,its officers,employees,agents,boards or commissions,covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY'S choosing. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 1.1. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. -3 - Received Time Jun, 1. 9: 25AM , 06/01/2010 08:32 8479315689 PURCHASING PAGE 05/20 1 12. INSURANCE A. Comprehensive Liability. The CONSULTANT shall.provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The CONSULTANT shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT under Article 10 entitled "Indemnification"shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively,if the insurance states that it is excess or prorated,it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all,owned,non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. 13. INTENTIONALLY OMITTED, 14. NQNDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex,age,race, color,creed,national origin,marital status,of the presence of any sensory,mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination,rates of pay or other forms of compensation and selection for training,including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color,creed,national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of -4— Received Time Jun. 1. 9: 25AM 06!01/2010 08:32 8479315689 PURCHASING PAGE 06/20 this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY_ 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY'S advanced written approval, 17. NO CO-P.A,RTNERSHIP QR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that,if any paragraph,sub-paragraph,phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define,limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. - 5 - rwl 06/01/2010 08:32 8479315689 PURCHASING PAGE 12/20 21. APPLICABLE LAW This Agreement shall be deemed to have been made in,and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County,Illinois. 22. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATIV_1�l WIC OTHER CONSULS The CONSULTANT shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING„ The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that include,at a minimum,the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. -6— Received Time Jun. 1. 9: 25AM 06/01/2010 08: 32 8479315689 PURCHASING PAGE 13/20 A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CONSULTANT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: RuthAnne Hall Budget and Purchasing Officer City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to CONSULTANT: u 11,6.44 ? LL. CO 29. COMPLIANCE WITH.LAWS Notwithstanding any other provision of this AGREEMENT it is expressly agreed and understood that in connection with the performance of this AGREEMENT that the CONSULTANT shall comply with all applicable Federal,State,City and other requirements of law,including,but not limited to,any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all - 7 - Received Time Jun. 1. 9: 25AM 06/01/2010 08:32 8479315689 PURCHASING PAGE 07/20 CONSULTANT'S employees and/or agents who will be providing products and/or services with respect to this AGREEMENT shall be legal residents of the United States. CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this AGREEMENT. The CITY shall have the right to audit any records in the possession or control of the CONSULTANT to determine CONSULTANT'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT'S relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement effective as of the date and year first written above. FOR THE CITY: FOR THE CONSULTANT: By: _ By: \k\°& .7. -:(. mi<=3 Sean Stegall, City Manage Name/`Ari t:Title: V Y ) jlu4M' .r<s Attest: City Clerk f:\legal dcpt\agrecmcnt\aungard public sector for naviline needs assessment S-2S-10.doe - 8 - Received Time Jun. 1. 9: 25AM 06/01/2010 08: 32 8479315689 PURCHASING PAGE 08/20 EXHIBIT A SUITE ANALYSES SCOPE OF SERVICES [SEE ATTACHED] Received Time Jun. 1. 9: 25AM 06/01/2010 08:32 8479315689 PURCHASING PAGE 09/20 SUNGARD'PUBLIC SECTOR RESTRICThD DISTRIBUTION LOCAL GOV 'tNMENT City of Elgin Suite Analyses Scope of Services Assumptions SunGard Public Sector's estimates to perform the tasks of analysis herein are based on the following key assumptions: • The objective of the Suite Analysis will be to assist the City of Elgin (ELGI) with maximizing the investment in the SunGard Public Sector system. • As listed in the April 1, 2010 proposal and further defined in this document, interviews of City of Elgin staff will be conducted and individual Suite Analyses will be prepared for the following SunGard Public Sector application suites: • Financials • Community Development • Customer Information Systems • Work Management • All tasks included in the engagement are level-of-effort tasks. Each of these tasks will depend on the appropriate resources being made available by City of Elgin. If additional time is required to complete any given task, there could be cost and implementation timeline impacts. • City of Elgin and SunGard Public Sector will perform their tasks on a timely basis. Any changes to these assumptions can impact the cost and estimated schedule of this project. Responsibilities The successful completion of the Analyses depends on the commitment and participation of SunGard Public Sector and City of Elgin. It is also predicated on the fulfillment of both City of Elgin and SunGard Public Sector responsibilities. SunGard Public Sector-Local Government Consulting Services Page 1 of 4 Received Time Jun. 1. 9: 25AM 06/01/2010 08:32 8479315689 PURCHASING PAGE 10/20 SUNGARD"PIII LIC SECTOR RESTRICTED DISTRIBUTION LOCAL_GOVERNMENT City of Elgin SunGard Public Sector Responsibilities A planning session will occur to outline a plan for completing each Analysis with the City of Elgin, agree upon the analysis strategy and determine the schedule of activities and resources. SunGard Public Sector will Initiate a call with the City of Elgin to discuss the site visit in advance, at a mutually agreeable time. SunGard Public Sector will confirm the agenda for the consultants' review of business processes, taking into consideration the business requirements, availability of personnel and a logical processing sequence. The following methodology will be used to deliver the various Suite Analyses: • Phase I: Suite Review o Review the goals and objectives for each Suite o Review the City of Elgin's existing business processes and software utilization o Identify immediate 'wins' when and wherever possible • Phase II: Suite Analysis Plan Development o Conduct gap analysis o Develop findings and recommendations • Phase III: Document Delivery o Finalize the detailed plan document o Create solution based training agendas o Discuss findings and recommendations with leadership from the City of Elgin City of Elgin Responsibilities City of Elgin will designate a person to serve as primary contact between SunGard Public Sector and City of Elgin personnel. The responsibilities listed in this section will require the primary contact have the authority to act on behalf of the entity with respect to all aspects of this engagement. The primary contact responsibilities include: SunGard Public Sector-Local Government Consulting Services Page 2 of 4 Received Time Jun. 1. 9: 25AM 06/01/2010 08:32 8479315689 PURCHASING PAGE 11/20 SUNGARD"PUBLIC SECTOR RESTRICTED DISTRIBUTION LOCAL GOVERNMENT City of Elgin • Ensure the personnel whose subject matter expertise is critical to the completion of the assessment are made available to SunGard Public Sector as required. • Make available personnel required to interpret policy and procedure questions in a timely fashion. • Participate in scheduled calls and/or follow up with the SunGard Public Sector consultants. Completion Criteria SunGard Public Sector will have fulfilled its obligations for this engagement when: • SunGard Public Sector accomplishes the tasks described in this document. • SunGard Public Sector delivers a written Suite Analysis for each SunGard Public Sector application suite. • The SunGard Public Sector consultants conduct a formal review of the document with the primary contact along with any other designated personnel. Estimated Schedule SunGard Public Sector will provide multiple consultants onsite for the Suite Analyses' interviews and information gathering process with the City of Elgin's personnel. The onsite interviews will be followed with offsite document preparation of written recommendations and findings. The proposed dates for the site visit are to be mutually agreed upon by the City of Elgin and SunGard Public Sector. A final document will be delivered to the City of Elgin by SunGard Public Sector consultants via e-mail, This should occur approximately 5-6 weeks after the onsite interviews. A formal review of the document can be performed via the web or conference call approximately 2-3 weeks after the final document is delivered. Estimated Cost and Terms As stated in an April 1, 2010 proposal, the total cost of the Suite Analyses is $35,712. Actual and reasonable travel and living expenses for the consultants and project manager assigned are in addition to the cost of the service. Travel expenses are estimated at$1,500-2,000 per week for each consultant. SunGard Public Sector-Local Government Consulting Services Page 3 of 4 Received Time Jun. 1. 9: 25AM , 06/01/2010 08:32 8479315689 PURCHASING PAGE 14/20 SUNGARD'PUBLIC SECTOR RESTRICTED DISTRIBUTION LOCAL GOVERNMENT City of Elgin Scheduled Resource Changes For training, business analysis, and on site consulting or project management which are cancelled at the request of Customer within fourteen (14) days of the scheduled start date, Customer is responsible for entire price of the training, business analysis, and on site consulting or project management plus incurred expenses. Additional Services Any additional services required will be determined by the City of Elgin and SunGard Public Sector. The associated costs will be determined based on the type of service requested. The City of Elgin agrees SunGard Public Sector will provide the Suite Analyses services at the terms listed in the April 1, 2010 proposal: The cost for the Suite Analyses service is $35,712, due as incurred. Actual and reasonable travel and living expenses for the SunGard Public Sector consultants and project manager assigned will be due as incurred and are estimated at $1,500-2,000 per week per consultant/project manager. Signed: Sean R. Stegall City Manager Date: SunGard Public Sector-Local Government Consulting Services Page 4 of 4 Received Time Jun. 1. 9: 25AM Ub/F71/'Lblb Ii :j2 8479315689 PURCHASING PAGE 15/20 EXHIBIT B INVESTMENT SUMMARY [SEE ATTACHED] - 10- Received Time Jun. 1. 9: 25AM 0b/01/2010 08:32 8479315689 PURCHASING PAGE 16/20 SUNGARD F)U B ._.� � ��CT O R p City of Elgin,IL (ELGr) Investment Summary April 1,2010 P7:N KR.tip! ."tiA3 A�aCw0‘.N7.:Y.�.`„,k4aK7rXRiiYid3rPiA:.°FF2.07-5MYit7jsM ..''1 0•.U$,.,.,,....034 4.0 Suite Analysis Fin-CD•CX.WF 35,680.00 $uitn Analysis Discount Training•10 days (3,968 00) 12,800.00 100%Training Discount (12,800.00) HELP Plan-blended Web-SP5 8 000 00 1000/HELP Plan Discount Credit on book (6,000.00) (5,959 12) Total Service Value 80,480_00 Total Elwin Adjustments ($30,727.12) Value of Total Services Provided: $6O,4e0,00 Value of Total Elgin Adjustments: ($30,727.42) Net Total: $29,752.88 Payment Terms; 1.Service Fees are due es incurred, 2.Training Fees are due as incurred, 3,Travel,out of pocket.and living expenses are not included in above pricing and will be Invoiced es incurred. Page 1 of 2 SunGard Public Sector Inc„ woo Business Center Drive,Lake Mary,FL 32746 Confidr+nII=I Received Time Jun. 1. 9: 25AM 06/01/2010 08:32 8479315689 PURCHASING PAGE 17/20 • Notes: 1, This quote constitutes a Supplement to the existing Software License end Services Agreement signed by SunGnrd Public Sector Inc, and Customer. E.i cept as provided herein.all terms of the Agreement remain In full force and effect. 2. There is no testing and acceptance period. The SunGard Public Sector application warranty period Is 1 year after the Delivery Dale. "Delivery Dole"means for each Component System,the date on which SunGard Public Sector first ships the Component System to the Delivery Address F.O.B.SunGard Public Sector's place of shipment. 3. Licensed Programs may be used in machine-readable object code form only. 4. Unless otherwise provided for herein,warranty,modification retrofit and maintenance offerings by SunGard Public Sector Inc.for Its Licensed Program(s)do not apply to any third party hardware or third party software supplied under this Supplement. SunGard Public Sector Inc.does not make any warranties nor provide any souroe code for any non-SunGnrd Public Sector Inc.products unless otherwise provided heroin. The return end refund policy of each individual third party hardware or third party software supplier shall prevail unless 5.Scheduled Resource Changes: For training and on-site project management sessions which are cancelled at the requner of Customer Within fourteen(14.)days of the scheduled start date.Customer Is responsible for entire price of the training or on-site proieot management plus Incurred expenses. 0.Preprinted conditions and all other terms not Included In this Quote or In the Contract.and 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 Contract and Agreement and arty amendments thereto shell control unites expressly accepted in writing by SunGard PUhlic Sector to Customer. V.Pricing is for the application es-is. Arty modifications or conversions will incur additional cost. 0.SCR and/or Conversions,If required,are payable 50%upon execution or receipt of purchase order and 5(1%upon completion, 9.Additional hardware and/or third-party software may be required_ For hardware specifications and Information,please contact Shelly May at SPS VAR-smaytspever.com or(772)871-9125. 10.Applicable tuxes are not included In the above fees and If applicable,will be added to the amount in the payment invoices. 11.Please indicate that your purchase order is per the terms and conditions of this propos.i dated 04.01.10 Product Notes: Suite'Financials,Community Development?Utilities and Public Works teem of r Consultants and 1 Project Manager over a 2 week period for a total of 22 man-days onsite With an edditional9 days for doct,Menf delivery. The pricing,terms and conditions in this quote will be honored provided it iS fully executed by April 15,2010 City of Elgin.IL(ELGI) 150 Dexter Court Elgin,IL 60120 Aulh�rized Signat4,2 ure6 s/ ` Date ��y f p Sauter..AlI LeAnq / / Page 2 of 2 SunGard Public Sector file„1000 Business Center Drive,Lake Mary,FL 32746 Confidential Received Time Jun. 1. 9: 25AM 06/01/2010 08:32 8479315689 PURCHASING PAGE 18/20 CITY OP ELGIN,IL(ELeI) ESTIMATED TRAVEL EXPENSES FOR su1TE ANALYsls week or Suns 7th Week of Stine 14th TreveLEopvgcvEsymatRc Airfare Motel Per Diem Parkin Milea c Re R A Inte1 lYntai Alrfafe Horol Par Parking Mileage Rental Total TOTAL Jack Kirk(Orlando) ------ - gpp 623 312 lap 50 1SA7 5 1,5A7 MikeTack(Tennes:ve) Julie Cooper(777) - - $ - John Findley(Atlanta) - - • Sharon Kelly(Houston) 500 75 S00 500 260 100 50 120 5p r 33a D 364 I76 1.665 + 1,683 Marl lg Never(Orlando) 500 37 2,114 SODS 900 260 300 50 7Tj 1,585 $ 3,703 5 208 80 50 165 1,37a� Cltrllta Oliver(Orlando) 500 375 20E 80 50 165 1,378 - $ 1,378 Jamie Shell(Kama!City) 500 750 t 361 17,0 32 1 7fi6 SDO_ 675 31 - 1,378 r 1_ 3 100 50 1,581 $ 3,353 5 $ 6,636 5 C,544 $ 13,130 Received Time Jun, 1. 9: 25AM 06/01/2010 08: 32 8479315689 PURCHASING PAGE 20/20 • ' ' - • Addendum to the AGREEMENT by and between City of Elgin,IL("CITY") and SunGard Public Sector Inc.("CONSULTANT") The parties acknowledge that concurrent with the execution of this Addendum(the"Addendum")the parties are executing a certain Agreement(the"Agreement")that is signed of even date herewith and is pertaining to certain professional services in connection with a City Wide NaviLine Suite Analysis with individual Suite Analysis. In the event of any conflict between the terms of this Agreement and this Addendum, the provisions of this Addendum shall take precedence. I. Add the following sentence at the end of Section 3.WORK PRODUCTS: "Notwithstanding, any prior works or pre-existing proprietary or confidential information belonging to CONSULTANT which is used to per form the services hereunder, or included in any deliverable, including but not limited to software, appliances, methodologies, code, templates, took,policies, record.r, working papers, know-how, data or other intellectual properly, written or otherwise, including derivative works will remain the exclusive property of CONSULTANT." 2. Add the following sentence at the end of Section 6.TERMINATION OF AGREEMENT: "Additionally,for any training and on-site project management sessions that, at the point of such termination, are within fourteen (14)days of the scheduled start date, the City shall he responsible for the entire price of such scheduled training and on-site project management sessions plus incurred expenses," 3. Replace the last sentence under. Section 8- NOTICE OF CLAIM with the following sentence: "Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement, as determined by the DIRECTOR and as agreed upon by the parties under the terms of this Agreement,shall proceed without interruption," 4. Replace Section 10.INDEMNIFICATION entirely with the following paragraph: "To the 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, CONSULTANT 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 reprocurenzent caste, even if Contractor has been advised of their possibility. " 5. Replace the second paragraph under Section 12. INSURANCE,Subsection A with the following paragraph: "The CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall.crate that the insurance carriers will endeavor to provide 30 days notice cancellation." 6. Add the following sentence as the last sentence under Section 1.5.ASSIGNMENT AND SUCCESSORS: "Notwithstanding, CONSULTANT reserves the right, without penalty, of assignment to CONSULTANT'S successor by merger or consolidation or to any person or entity that acquires all or substantially all of its capital stock or assets." IN WITNESS WHEREOF, the parties have caused this Addendum to be executed by their duly authorized representatives as set forth below. Cityof Elgin,IL SunGard Public ector Inc. Authorized Si lure - Au orized Signal re Print Name Ott ills 041 Vt Print aim&Title ate Page 1 of I bate Received Time Jun. 1. 9: 25AM r `,(.4 OF El0i a •\ti Agenda Item No. 0"" . , , City of Elginil, g May 6, 2010 L. ' TO: Mayor and Members of the City Council :°-" & `� nurrr x:y Stnble FROM: Sean R. Stegall, City Manager LO A. L. ', ► ' 't�' / ] c:ly Covernre„r RuthAnne K. Hall, Management Analyst ' RE: Sole Source Contract with SunGard Public Sector for a City-Wide NaviLine Suite Analyses PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a sole source contract with SunGard Public Sector for a city-wide NaviLine Suite Analyses. RECOMMENDATION It is recommended that the City Council approve the sole source contract with SunGard Public Sector for the NaviLine Suite Analyses at a cost of$15,432.88. BACKGROUND The City Council initially approved a contract for a city-wide Needs Assessment and Business Analysis for Public Works work orders at their meeting on January 27, 2010. Following that approval, SunGard had two consultants conduct interviews with City staff to prepare the necessary reports. At the close of the interview process, SunGard told the City staff that the two primary consultants who conducted the interviews with the City had been laid off and that the consulting reports would be prepared by SunGard employees who had not participated in the interview process. City staff advised SunGard this was unacceptable and initiated a complete reevaluation of the City's relationship with SunGard. The reevaluation resulted in a renegotiation of the original contract terms, with SunGard ultimately making $30,727.12 in pricing concessions to the City. Over the past two months, staff from the City Manager's Office, Public Works, Finance and MIS have worked together to identify what is needed to (1) meet the goal for proper implementation of technology and (2) provide a resource for staff to improve their ability to provide effective and efficient services, both internally and externally. NaviLine is the enterprise resource planning system that encompasses all of the software modules that the City utilizes to maintain all its data. The City has been a customer of SunGard since 1991 and there was a recognition that there has Sole Source Contract with SunGard for City-Wide NaviLine Suite Analyses May 6, 2010 Page 2 been an enormous investment in time and resources in the NaviLine product. With that understanding, staff made a determination that it was in the best interest to continue the relationship with SunGard and set to renegotiate the terms of the contract in the best interest of the City. Staff conducted several interviews with a team from SunGard to evaluate their internal reorganization. Representatives from SunGard identified a change in their process to merge the consultant and training division. This would identify a team of consultant/trainers that will be on site to conduct interviews and provide hands on training. They have also identified a more holistic approach to the Suite Analyses versus the former model of conducting the Needs Assessment and identifying future Business Analyses that have concentrated on specific modules of a suite and recommendations for future training. As part of the renegotiation, SunGard has agreed to conduct a Suite Analyses for the four suites currently in use by the City: Financials, Community Development, Customer Information Systems and Work Management. In recognition of the cost of the delay and impact on staff time that had previously been committed to the Needs Assessment and Business Analysis interviews, an agreement has been reached between the City and SunGard to cancel the existing contracts: $16,000 for the Needs Assessment and $11,500 for the Business Analysis. In addition, SunGard has credited the City $5,959.12 that had been billed for travel and living expenses for the prior consultants. The following table demonstrates the terms that the City and SunGard reached as part of the renegotiation to implement the Suite Analyses. ,Lla' gym x, Standard Suite Analyses $60,480.00 Elgin Negotiated Discount (30,727.12) Previously encumbered funds (27,500.00) Travel Expenses 13,180.00 Total $15,432.88 An addendum outlining the terms of the Suite Analyses has been provided by SunGard. The cost proposed for the Suite Analyses, with the 10% discount, is $35,712 with an additional $13,180 identified in reasonable travel and living expenses for eight consultant trainers to be on site for a period of two weeks. The total cost to the City would be $48,892. From that cost the City would subtract the amount of the existing contracts and credit on books ($33,459.12) leaving a balance of$15,432.88. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. 1 Sole Source Contract with SunGard for City-Wide NaviLine Suite Analyses May 6, 2010 Page 3 FINANCIAL IMPACT iyit,. The cost of the Suite Analyses with SunGard Public Sector is $48,892, of which $33,459.12 has been either previously encumbered or credited with SunGard. An additional amount of $15,432.88 is needed to enter into the new contract. There are sufficient funds budgeted ($893,000) and available ($822,448) in the Riverboat Fund, "Communications Equipment", account number 275-0000-791.92-47, project number 039857 "Technology Investments", to enter into the contract.. LEGAL IMPACT \Off/None. ALTERNATIVES 1. The City Council may choose to approve the contract with SunGard Public Sector for the NaviLine Suite Analyses at a cost of$15,432.88. 2. The City Council may choose not to approve the contract with SunGard Public Sector for the NaviLine Suite Analyses at a cost of$15,432.88. Respectfully submitted for Council consideration. RKH Attachments SUNG.ARD PUBLIC SECTOR RESTRICTED DISTRIBUTION LOCAL GOVERNMENT City of Elgin Suite Analyses Scope of Services Assumptions SunGard Public Sector's estimates to perform the tasks of analysis herein are based on the following key assumptions: • The objective of the Suite Analysis will be to assist the City of Elgin (ELGI) with maximizing the investment in the SunGard Public Sector system. • As listed in the April 1, 2010 proposal and further defined in this document, interviews of City of Elgin staff will be conducted and individual Suite Analyses will be prepared for the following SunGard Public Sector application suites: • Financials • Community Development • Customer Information Systems • Work Management • All tasks included in the engagement are level-of-effort tasks. Each of these tasks will depend on the appropriate resources being made available by City of Elgin. If additional time is required to complete any given task, there could be cost and implementation timeline impacts. • City of Elgin and SunGard Public Sector will perform their tasks on a timely basis. Any changes to these assumptions can impact the cost and estimated schedule of this project. Responsibilities The successful completion of the Analyses depends on the commitment and participation of SunGard Public Sector and City of Elgin. It is also predicated on the fulfillment of both City of Elgin and SunGard Public Sector responsibilities. SunGard Public Sector-Local Government Consulting Services Page 1 of 4 f SUNGARD`PUBLIC SECTOR RESTRICTED DISTRIBUTION LOCAL GOVERNMENT City of Elgin SunGard Public Sector Responsibilities A planning session will occur to outline a plan for completing each Analysis with the City of Elgin, agree upon the analysis strategy and determine the schedule of activities and resources. SunGard Public Sector will initiate a call with the City of Elgin to discuss the site visit in advance, at a mutually agreeable time. SunGard Public Sector will confirm the agenda for the consultants' review of business processes, taking into consideration the business requirements, availability of personnel and a logical processing sequence. The following methodology will be used to deliver the various Suite Analyses: • Phase I: Suite Review o Review the goals and objectives for each Suite o Review the City of Elgin's existing business processes and software utilization o Identify immediate `wins' when and wherever possible • Phase II: Suite Analysis Plan Development o Conduct gap analysis o Develop findings and recommendations • Phase III: Document Delivery o Finalize the detailed plan document o Create solution based training agendas o Discuss findings and recommendations with leadership from the City of Elgin City of Elgin Responsibilities City of Elgin will designate a person to serve as primary contact between SunGard Public Sector and City of Elgin personnel. The responsibilities listed in this section will require the primary contact have the authority to act on behalf of the entity with respect to all aspects of this engagement. The primary contact responsibilities include: SunGard Public Sector-Local Government Consulting Services Page 2 of 4 t SUNGARD" PUBLIC SECTOR RESTRICTED DISTRIBUTION LOCAL GOVERNMENT City of Elgin • Ensure the personnel whose subject matter expertise is critical to the completion of the assessment are made available to SunGard Public Sector as required. • Make available personnel required to interpret policy and procedure questions in a timely fashion. • Participate in scheduled calls and/or follow up with the SunGard Public Sector consultants. Completion Criteria SunGard Public Sector will have fulfilled its obligations for this engagement when: • SunGard Public Sector accomplishes the tasks described in this document • SunGard Public Sector delivers a written Suite Analysis for each SunGard Public Sector application suite. • The SunGard Public Sector consultants conduct a formal review of the document with the primary contact along with any other designated personnel. Estimated Schedule SunGard Public Sector will provide multiple consultants onsite for the Suite Analyses' interviews and information gathering process with the City of Elgin's personnel. The onsite interviews will be followed with offsite document preparation of written recommendations and findings. The proposed dates for the site visit are to be mutually agreed upon by the City of Elgin and SunGard Public Sector. A final document will be delivered to the City of Elgin by SunGard Public Sector consultants via e-mail. This should occur approximately 5-6 weeks after the onsite interviews. A formal review of the document can be performed via the web or conference call approximately 2-3 weeks after the final document is delivered. Estimated Cost and Terms As stated in an April 1, 2010 proposal, the total cost of the Suite Analyses is $35,712. Actual and reasonable travel and living expenses for the consultants and project manager assigned are in addition to the cost of the service. Travel expenses are estimated at $1,500-2,000 per week for each consultant. SunGard Public Sector-Local Government Consulting Services Page 3 of 4 • • SUNGARD'PUBLIC SECTOR , RESTRICTED DISTRIBUTION LOCAL GOVERNMENT City of Elgin Scheduled Resource Changes For training, business analysis, and on site consulting or project management which are cancelled at the request of Customer within fourteen (14) days of the scheduled start date, Customer is responsible for entire price of the training, business analysis, and on site consulting or project management plus incurred expenses. Additional Services Any additional services required will be determined by the City of Elgin and SunGard Public Sector. The associated costs will be determined based on the type of service requested. The City of Elgin agrees SunGard Public Sector will provide the Suite Analyses services at the terms listed in the April 1, 2010 proposal: The cost for the Suite Analyses service is $35,712, due as incurred. Actual and reasonable travel and living expenses for the SunGard Public Sector consultants and project manager assigned will be due as incurred and are estimated at $1,500-2,000 per week per consultant/project manager. Signed: Sean R. Stegall City Manager Date: SunGard Public Sector-Local Government Consulting Services Page 4 of 4 .„ €€ City of Elgin, IL (ELGI) Investment Summary `t N �,}i'a: i°r tm. p April 2010 Suite Psis Fin D-CD , "` 10% Suite Analysis Discount 3G,680.00 Training - 10 days 100%Training Discount Ili �12,800.00 (3,968.00) HELP Plan -Blended Web-SP5 - 10Q% HELP Plan Discount 8,000.00 (12,8QQ.00} Credit on Books (8.000.00) inmnmmmmemiiuiL�� (s,sss.12) Total Service Value 8(1,484.00 11111111111111111111111111.... Total Elgin AdjustmentsMIIIIIIIIIIIIIIIIIIIIIIIIIIE Value of Total Services Provided: ($30,727.12) Value of Total Elgin Adjustments: et Total: $60,480.00 ($30,727. l2} Payment Terms: $23,752.88 1. Service Fees are due as incurred. 2. Training Fees are due as incurred. 3. Travel, out of pocket: and living expenses are not included in above pricing and will be invoiced as incurred. Page 1 o SunGard Public Sector Inc., 1000 Business • Cenier • !,rive. l ako as,� �� N 1. This quote constitutes a Supplement pp ement to the existing Software License and Services Agreement signed by SunGard Public Sector Inc. and Customer. Except as provided herein. all terms of the Agreement remain in full force and effect. 2. There is no testing and acceptance period. The SunGard Public Sector application warranty period is 1 year after the Delivery Date. "Delivery Date" means for each Component System, the date on which SunGard Public Sector first ships the Component System Delivery Address F.O.B. SunGard Public Sector's place of shipment. 3. Licensed Programs may be used in machine-readable object code form only. p to the 4. Unless otherwise provided for herein, warranty, modification retrofit and maintenance offerings by SunGard Public Sector Licensed Program(s)do not apply to any third party hardware or third party software supplied under this Supplement. SunGard ic Sector Inc. does not make any warrantiesInc. for its nor provide any source code for any non-SunGard Public Sector Inc. products unless otherwise provided herein. The return and refund policy of each individual third party hardware or third party software supplier shall prevail unless 5. Scheduled Resource Changes: For training and on-site project management sessions which are cancelled at the request of Customer within fourteen (14) days of the scheduled start date, Customer is responsible for entire price of the training ng or on-siteproject plus incurred expenses. management 6. Preprinted conditions and all other terms not included in this Quote or in the Contract and Agreement, stated on any purchase other document submitted hereafter by Customer are of no force or effect and the terms and conditions of the Contract and and any amendments thereto shall control unless expressly accepted in writing by SunGard Public Sector to Customer. order or 7. Pricing is for the application as-is. Any modifications or conversions will incur additional cost. Agreement 8. SCR and/or Conversions, if required, arepayable 50% upon execution or receipt of purchase order and 50% upon completion. 9. Additional hardware and/or third-party software may be required.. For hardware specifications and information, please contact Shelly May at SPS VAR -smay@spsvar.com or(772) 871-9125. 10. Applicable taxesnot included FP are in the above fees and if applicable, will be added to the amount in the payment invoices. 11. Please indicate that your purchase order is per the terms and conditions of this proposal dated 04-01-10 Product Notes: Suite=Financials, Community Deveiopn-merit. Utilities and Public Works Team of 7 Consultants and 1 Project Manager over a 2 week period for a total of 22 man-days onsite with an additions document delivery, l 9 days for The pricing, terms and conditions in this quote will be honored provided it is fully executed by April 15, 2010 City of Elgin, IL (ELG1) 150 Dexter Court Elgin, iL 60120 ' / / Authorized Signature ' Source Alicia Loving Efate Page 2 of 2 SunGard Public Sector Inc.. 1000 Business Center Drive, Lake Mar Y, FL 3 a 27 .n^ .. _. CITY OF ELGIN,IL(ELGI) ESTIMATED TRAVEL EXPENSES FOR SUITE ANALYSIS Week of June 7th Week of June 14th Travel Expense Estimates Airfare Hotel Per Diem Parking Mileage Rental Total !Airfare Hotel Per Diem Parking Mileage Rental Total TOTAL Jack Kirk(Orlando) - 500 625 312 100 50 1,587 $ 1,587 Mike Yeck(Tennessee) - $ - Julie Cooper(???) - - $ - John Findley(Atlanta) - 500 500 260 100 50 275 1,685 $ 1,685 Sharon Kelly(Houston) 500 750 364 120 50 330 2,114 S00 500 260 100 50 275 1,685 $ 3,799 Marisa Biever(Orlando) 500 375 208 80 50 165 1,378 - $ 1,378 Christa Oliver(Orlando) 500 375 208 80 50 165 1,378 - $ 1,378 Jamie Shell(Kansas City) 500 750 364 120 32 1,766 500 625 312 100 50 1,587 $ 3,353 $ 6,636 $ 6,544 $ 13,180 • s k