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HomeMy WebLinkAboutC2013-143 - 5/14/2013 - ApprovedU t EMPHASYS SOFTWARE LICENSE AND SERVICE AGREEMENT # es Empta�ys Software License and Service Agreement ( "Agreement ") is entered into effective the �� delay of HMO , 2013 ( " Effective Date ") by and between Emphasys Software (parent company of SymPro In4 a Michigan corporation, with its principal place of business located at: 2200 Powell Street, Suite 1170, Emeryville, CA 94608 ( " Emphasys "), and City of Corpus Christi, TX, a Texas municipality, with its principal place of business located at: 1201 Leopard St., Corpus Christi, TX 78401 ( "Licensee "). RECITALS A. Emphasys designs, develops and licenses a proprietary computer software solution known as the SymPro Treasury Management Software. B. Licensee desires to obtain a personal, nontransferable, non - exclusive limited right and license to use such software and related documentation and services for Licensee's own internal business purposes only and Emphasys is willing to grant such a license on the terms and subject to the conditions of this Agreement. THEREFORE, in consideration for the fees to be paid by Licensee hereunder and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree: 1. Certain Definitions As used in this Agreement, the following terms shall have the following definitions: A. "Annual Maintenance and Support Plan" or "Plan" shall mean the then - current support services Licensee elects to purchase from Emphasys. The Annual Maintenance and Support Plan as of the Effective Date is summarized in the attached Exhibit B. Emphasys may change the support services it offers with a 60 day written notice to Licensee regarding changes that will be effective with the next Annual Support and Maintenance renewal date. B. " Authorized Users shall mean Licensee and its employees and no other persons or entities; the number of which is stated in the attached Exhibit A and which may be changed by amendment to the attached Exhibit A or authorized purchase order issued by Licensee and accepted by Emphasys. C. " Designated Equipment shall mean a single Intel based computer or a network file se,tver on which Licensee uses the Software pursuant to this Agreement and which is more fully described in the attached Exhibit A. D. " Designated Site shall mean the location at which the Designated Equipment and Licensed Products are located during the term of this Agreement as identified on Exhibit A to this Agreement or such other location as may be expressly approved in writing by Emphasys. 2013 -143 5114113 M2013 -052 Emphasys Software INDEXED E. " Documentation " shall mean all user /operation manuals, Emphasys response to Licensee specifications as provided in Exhibit 1 attached hereto and other materials or information describing the Software, as hereinafter defined, its performance characteristics, technical features and other relevant information reasonably required for use of the Software, including all physical media upon which the materials or information are provided. F. " Licensed Products shall mean the Software and the Documentation. G. " Software " shall mean that certain Emphasys proprietary computer software solution known as SymPro Treasury Management Software, in machine readable, object code form, as listed on Exhibit A, and any modules, bug faxes, modifications, enhancements and other SymPro or third party software provided to and licensed hereunder by Emphasys to the Licensee during the Term. H. " Final Acceptance means the successful execution of Licensee acceptance testing in accordance with Licensee specifications as provided in Exhibit 1 and other acceptance criteria as jointly agreed to by both parties. Final acceptance is further defined in the Statement of Work per the Master Contract between Infor and City of Corpus Christi. 2. Software License A. License Grant Subject to the terms of this Agreement, Emphasys hereby grants to Licensee, and Licensee accepts, a limited, personal, non - transferable and non - exclusive perpetual license to use the Licensed Products solely for Licensee's own internal business purposes and solely on the Designated Equipment located at the Designated Site by the number of Authorized Users stated in the attached Exhibit A or such Authorized Users added during the Term. Licensee shall be permitted to make one copy of the Software for backup and archival purposes only. Each copy must reproduce all copyright and other proprietary notices. B. Warranty of Ownership. Emphasys warrants to Licensee (and no other person or entity) that it is the author and owner or proper Licensee of the Licensed Products and has the right to enter into this Agreement. C. Emphasys Retains Title. Licensee acknowledges that Emphasys and its licensors retain tide to the Licensed Products, all copyrights, trade secrets and other intellectual property rights licensed to Licensee even if Licensee's suggestions are incorporated into subsequent versions of the Software. The Licensed Products constitute a trade secret and are confidential to Emphasys. D. No Ownership Ri hts. Other than the limited right of use of the Licensed Products described in this Agreement, Licensee neither shall have nor shall it acquire any right, tide or interest in or to any of the Licensed Products or in any intellectual or proprietary rights represented thereby. E. License Restrictions. Licensee agrees that it will not modify, decompile, disassemble, translate or reverse engineer the Software, in whole or in part. Except as expressly stated, this E Agreement does not include any rights to use, disclose, sublicense, or otherwise transfer the Software, Documentation, or other proprietary information of Emphasys. Licensed Products shall not be used to process data except for Licensee's internal purposes. F. Licensee shall immediately notify Emphasys in writing of any actual or suspected breach of this Agreement, including, without limitation, its terms limiting use. G. Audit Upon 10 business days prior written request, Emphasys may audit and examine such records at Licensee's offices during normal business hours, solely for the purpose of confirming the accuracy of all amounts due and paid hereunder, no more than once a calendar year. In the event that an audit reveals an overpayment by Licensee, Emphasys will credit Licensee's account for such overpaid amount. In the event that such audit reveals an underpayment by Licensee, Licensee agrees to pay Emphasys the amount of such underpayment within 20 days from Emphasys' written notice. 3. Delivea of Licensed Products. Software will be hosted by and integrated with the enterprise resource planning solution provided by Infor ( "the ERP "). As such, Emphasys agrees to cooperate with Infor in developing, testing and implementing required interfaces as defined in the Infor Statement of Work and hosting services to ensure the interoperability between Software and the ERP. Specifically, Emphasys must be available to Infor to answer questions and provide installation and guidance during the initial setup phase. Software may be delivered to Infor by CD or by remote telecommunications from Emphasys' place of business unless the parties agree in writing to an alternative method of delivery. Emphasys is not responsible for installing the Software unless Emphasys is specifically contracted to perform installation and training services by Infor. 4. Fees and Pa ment. A. License Fee Licensee shall pay the then current fees for the Licensed Products ( "License Fees "). Licensee will remit payment for the Licensed Products within 30 days of Emphasys' invoice. B. Annual Maintenance and Support Plan. If Licensee elects to purchase services under the Annual Maintenance and Support Plan, Licensee shall pay the then current annual service fees within 30 days of Emphasys' invoice. Emphasys may adjust the services fees for Licensed Products added in any annual period starting in the third subsequent year. Maintenance increases are capped at 3% per year starting in year three. C. Payments All payments (i) shall be made by bank check or Licensee's check or wire transfer of immediately available funds and (ii) shall be due and payable to Emphasys (or Emphasys' assignee) in U.S. Dollars, at Emphasys' address as stated above, or such other places as Emphasys may from time to time designate in writing. All payments shall be made without offset or deduction of any nature whatsoever and are nonrefundable except as expressly stated. Licensee shah pay all applicable federal, state and local sales, use, excise, transportation, occupational or similar taxes or assessments, customs or duties. 5. Warran S i � A. Emphasys warrants that: (i) Software will perform in accordance with Emphasys' standard specifications stated in its Documentation for a period of 90 days from Final Acceptance of the Software (exclusive of bug fixes, modifications or enhancements provided during the warranty period or under the Annual Maintenance and Support Plan); and, (ii) Services provided under the Plan will be performed in a professional and workmanlike manner, including cooperation with Infor in the development of integration to• the extent of the Infor Statement of Work, and bug fixes, modifications, enhancements provided under the Plan will perform in accordance with Emphasys' standard specifications. In addition, Emphasys warrants that the Software will meet City's requirements as identified in the City's Request for Proposals, Bid No. RFP BI- 0029 -12 for an Enterprise Resource Planning System, as amended, which is incorporated by reference, and attached as Exhibit 1. EXCEPT FOR THE WARRANTIES STATED ABOVE, EMPHASYS AND ITS LICENSORS MAKE NO OTHER WARRANTIES, WRITTEN OR ORAL, WHETHER EXPRESS OR IMPLIED. EMPHASYS AND ITS LICENSORS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, TITLE AND NON - INFRINGEMENT. For warranty support, Licensee should contact. • Technical Support at telephone number 510 655 0900. B. Licensed Products are of a complex nature resulting in operations that may be interrupted or errors that may be encountered. Emphasys sole obligation and Licensee's sole remedy under this warranty is for Emphasys, at its option, to provide such services, bug fixes or other modifications it deems appropriate, provide a functional equivalent or reperform services, if. (i) Emphasys receives proper notice of any claimed Software defect during the warranty period or a claim of defective services or Software under the Plan within 10 business days of the related occurrence. Proper notice includes copies of the data, reports and written procedures documenting the claim. And, (ii) the Licensee is otherwise in compliance with this Agreement and using the current version of the Software in accordance with Emphasys' standard specifications. In the event that it is not commercially reasonable and technically feasible to perform either (A) or (B), then Emphysys may elect to (C) refund to Licensee (1) the unused portion of the Subscription Services fee, if any, paid to Emphysys for the Software giving rise to the infringement claim and discontinue Licensee's use of such Software, and /or (2) the portion of the license fee paid to Emphysys less a charge for use by Licensee based on straight line depreciation assuming a useful life of five (5) years, provided that Licensee has returned or destroyed and discontinued its use of such software C. Further Limitations The limited warranties provided in this Section 5, as limited by other provisions of this Agreement, are non - transferable by Licensee except as set forth below and shall immediately become void in the event of any unauthorized use, modification or repair of the Licensed Products or any part thereof or upon breach by Licensee of any provision of this Agreement which remains uncured after notice and 30 days opportunity to cure. Except as otherwise may be provided in any technical support and maintenance agreement between the parties, Licensee shall pay, at Emphasys' then current rates, for services performed by Emphasys to correct problems or defects not covered by warranty, including, without limitation, those traceable to Licensee's errors. D. Licensee shall pay, at Emphasys' then current rates, for services performed by Emphasys to 4 ,a address any problems or defects not covered by warranty or the Plan, including, without limitation, those traceable to Licensee's errors. All such services will be provided to a specific proposal outlining the scope of work, time and material rates and delivery schedules. 6. Indemnification. A. Emphasys hereby agrees to indemnify Licensee against any damages finally awarded against Licensee in connection with a claim that the Licensed Products directly infringe a United States copyright or patent or other intellectual property rights, provided that: (i) Licensee notifies Emphasys in writing within 30 days of the claim; (ii) Emphasys has sole control of the defense and all related settlement negotiations; and (iii) Licensee provides Emphasys with the required assistance, information and authority. Emphasys shall have no liability for any claim of infringement arising from: (a) any unauthorized use, alteration or modification of the Software including use of the Software in conjunction with products not provided by Emphasys; or, (b) use of a superseded or altered release of the Software if the infringement would have been avoided by the use of a current unaltered release of the Licensed Products. B. If the Licensed Products are held or are believed by Emphasys to infringe, Emphasys shall have the option, at its expense, to: (i) modify the Licensed Products to be non - infringing; or, (ii) obtain for Licensee a license to continue using the Licensed Products. If it is not commercially reasonable to perform either of the above options, then Emphasys may terminate the license for the infringing Licensed Products and refund any unused License Fees or Annual Maintenance and Support Plan fees paid for the affected Licensed Products. Licensee shall discontinue use of the Software. C. The provisions of this Section 6 state each party's entire obligation and liability with respect to the infringement of any property right based on the use of the Licensed Products. 7. LIMITATION OF LIABILITY To the extent a claim arises under warranty, the remedy stated in Section 5 applies. To the extent a claim arises under indemnification, the remedy stated in Section 6 applies. AS TO ALL OTHER CLAIMS, LICENSEE ACKNOWLEDGES THAT POTENTIAL DAMAGES IN ANY PROCEEDING WOULD BE DIFFICULT TO MEASURE WITH CERTAINTY AND THE PARTIES EXPRESSLY AGREE THAT AS A FAIR ASSESSMENT OF POTENTIAL DAMAGES, EMPHASYS AND ITS LICENSOR'S LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF FORM OF ACTION, PROCEEDING OR THEORY OF RECOVERY, SHALL NOT EXCEED 1.2 TIMES THE CONTRACT VALUE WHICH ARE DIRECTLY RELATED TO THE CLAIM_ REGARDLESS OF THE FORM OF ACTION, PROCEEDING, OR THEORY OF RECOVERY, NEITHER EMPHASYS NOR ITS LICENSORS SHALL IN ANY MANNER BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES ASSESSED AGAINST OR PAID BY LICENSEE TO ANY THIRD PARTY, ARISING OUT OF THE USE, INABILITY TO USE, QUALITY OR PERFORMANCE OF THE LICENSED PRODUCTS PROVIDED, EVEN IF EMPHASYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5 S. Term and Termination. A. Term. This Agreement is for a perpetual license and shall continue until terminated by either party ( "Tenn ") under the following conditions. B. Termination (i) Em has s' Right of Termination. Emphasys may terminate this Agreement after 30 days prior written notice for Licensee's failure to pay any amounts due (including any additional License Nees or service fees resulting from legal changes expanding Licensee's rights of use). (ii) Licensee's Right of Termination. Licensee may terminate this Agreement without cause upon 60 days prior written notice prior to the anniversary date of this Agreement. (iii) Either Par 's Ri ht to Termination. Either party may terminate this Agreement, (a) upon 30 days' prior written notice for the other party's failure to cure any other material breach of this Agreement; (b) immediately upon: (I) termination or suspension of Licensee's business, (II) insolvency or filing of a voluntary or involuntary petition in bankruptcy, which petition is not dismissed within 30 calendar days of filing, (III) appointment of a receiver, assignee or other liquidating officer for all or substantially all of the Licensee's assets or (IV) an assignment for the benefit of creditors. C. Termination of Maintenance and Support Plan Either party may terminate the Plan upon 60 days written notice before the anniversary date of this Agreement. D. Effect of Termination. Except for termination of the Plan, Licensee shall cease use of the Licensed Products upon termination of this Agreement and shall provide a written certification to Emphasys of removal of all copies of the Software from its system and destruction of all copies of Software and Documentation except that required for archival purposes. Termination of the Plan shall not result in termination of this Agreement unless otherwise specified. Termination of this Agreement shall not relieve Licensee of its obligation to pay for any fees nor result in the refund of any fees paid. Upon termination or expiration of this Agreement, provided that Licensee has paid Emphasys all amounts due under this Agreement, performed all obligations required to be performed by Licensee, and is not in material breach of this Agreement, Emphasys shall promptly assist Licensee with the provision of all Licensee data then hosted by Infor and Emphasys to Licensee as a native database export. Emphasys shall be paid all applicable charges for services rendered through final termination of this Agreement and shall be reimbursed its reasonable out -of- pocket costs and expenses incurred in providing such termination assistance. 9. General A. Injunctive Relief. Licensee's breach of any obligation under this Agreement regarding the use, duplication, modification, transfer or confidentiality of the Licensed Products shall entitle Emphasys to injunctive, specific performance or other equitable relief, all without need of bond or undertaking of any nature, Licensee specifically acknowledging that Emphasys' remedies at law under such circumstances would be inadequate. B. Assignment This Agreement shall not be assignable by either party and neither party may delegate its duties hereunder without the prior written consent of the other party. Any attempt by a party to assign any of its rights or delegate any of its duties hereunder without the prior written consent the other party shall be null and void and shall result in immediate termination of this Agreement under its terms and conditions. Notwithstanding the foregoing, either party may assign its rights or delegate its duties under this Agreement without written consent of the other party in the event that this Agreement is assigned to a successor, parent, or subsidiary of such party, or in the event of an acquisition, merger, or sale of the majority of the relevant assets or shares of either party. C. Governing Law and Venue This Agreement is governed by the laws of Texas. Venue lies in the state and federal courts located in Nueces County, Texas. D. Seve_ ram If a provision is declared invalid, the remainder of the Agreement will continue in full force and effect. The offending provision shall be interpreted to whatever extent possible to give effect to its stated intent. E. Waiver. Failure to require performance of any provision or waiver of a breach of a provision does not waive a party's right to subsequently required full and proper performance of that provision. F. Entire Agreement This Agreement represents the entire agreement on this subject matter excluding all prior agreements, representations, statements, negotiations, and understandings and provisions in any Orders issued hereunder unless the parties consent in writing. This Agreement may be modified only by a written agreement signed by a party's authorized representative. G. Conflict Should any Exhibit conflict with this Agreement, the Exhibit shall control. H. Notices All notices and demands hereunder shall be in writing and shall be served by personal service or by mail at the address of the receiving party stated below (or at such different address as may be designated by such party by written notice to the other party) and shall be deemed complete upon receipt. I. Inde endent. Each party is acting as an independent contractor and not as an agent, partner, or joint venturer with the other party for any purpose. J. Compliance with all Applicable, Laws Export At all times, each party will adhere to all applicable state, federal and local laws and regulations in the conduct of its business, installation and use of the Software and maintain the proper insurances as are customary in the business. Licensee shall comply with all applicable export and import control laws and regulations in its use of the Software and, in particular, Licensee shall not export or re- export the Software without all required United States and foreign government licenses. . K. Force Ma�eure Except for the payment of an amounts due, performance will be suspended for force majeure upon written notice and may be ternninated if such event continues for more than 30 days. L. Survival Sections 2(C), (D) and (G), 4 through 7, inclusive, 8(D), and 9 shall survive any termination or expiration of this Agreement. IN WITNESS WHEREOF, the parties have executed this the Effective Date. Emphasys Software, City o r s Christi e s a Michigan corporation icensee" B: (A tho ze presentative) Name: Michael Byrne Print Name: —` U �� Title: President and CEO Title: Address: 2200 Powell Street, Suite 1170 Emeryville, California 94608 Tel. No. 510 655 0900 Fax: 510 - 655 -4064 Address: City of Corpus Christi Attn: Director of Municipal Information Services P. O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax: (361) 826 -3239 Tel: (361) 826 -3740 � W .t ( IMI � �� Exhibit A to EMP14ASYS SOFTWARE LICENSE AND SERVICE AGREEMENT By and Between Emphasys Software. and City of Corpus Christi, TX, Licensee Effective Date Designated Equip_ ,� ment: Workstations: Intel Pentium type personal computer or equivalent; 32 bit operating system; minimum speed 1Ghz; all current Windows operating systems that are Windows 2000 or more current; minimum 1 GB RAM; 200 MB of storage. Networking Novell or Microsoft Windows Server. Hard drive storage: Minimum 200 MB for software, 100 MB for portfolio data, depending on size and type of portfoho(s); 1 GB of RAM; 2 Ghz processor speed or higher. Licensee's Installation Installation is on a network server. For eq or operating systems not named in this section contact S mPro for compatibili!T information. Designated Site: 1201 Leopard Street 4 Floor, City Hall Corpus Christi, TX 7$401 Software and Documentation: Fixed Income Earning Allocation Module General Ledger Module Creation of Journal Entries Interface to Lawson GL system Debt Manager General Ledger Interface Cash Management Bank Polling (Bank transaction importing) — 1 Bank Cash Position Worksheet Import/Export Manager Forecasting Funds Transfer Module — ACH /Wires /Book —1 Bank *Market Pricing Module interfaces to 3T party pricing service, FT Interactive Data, FT Interactive Data pricing requires an independent service agreement and charges a minimum fee of $95 /mo for any month in which you price. This fee will price approximately 200 positions. 4. Authorized Users: Network installation with non - concurrent access and support for 1- 3 Authorized Users. 5. License and Service Fees: a. License and Service Fees Total Software License Fee $73,000 1" yr support and maintenance $14,600 Cash Management — ASP (Annual Fee) $18,000 TOTAL $105,600 6. Payment Schedule: 50% of License fees will be invoiced upon execution of this agreement, 25% after software installation, and the remaining License fees will be invoiced 30 days after Final. Acceptance of the Software. Annual. Maintenance and Support for year one will be invoiced upon Final Acceptance. Professional service fees and training will be invoiced by Infor. 10 Exhibit B to EMPHASYS SOFTWARE LICENSE AND SERVICE AGREEMENT By and Between Emphasys Software and City of Corpus Christi, TX Licensee Effective Date Annual Support and Maintenance Plan The following SymPro Support and Maintenance Plan applies as of the Effective Date. Emphasys reserves the right to change this Plan at any time, with 60 days written notice. All changes will be posted at its website: www.s�:mpro.com and will become effective as of the next Renewal Term. However, any Support and Maintenance Plan will include at least the following essential elements: Priority service from technical support and client service representatives Free SymPro version corrections and enhancements released in the license and service term Free shipment of Software and documentation Access to the SymPro Internet Site for Support (www.sympro.com) Unlimited telephone technical support in the following areas Loading and configuring of SymPro Software Operational Questions, including standard SymPro reports Data entry support for all debt and investment types supported within SymPro, including: Debt Serial Bonds Term Bonds Discount Bonds Variable Rate Coupon Commercial Paper Commercial Paper Discount Medium Tenn Notes Investments Certificates of Deposits Rolling Repurchase Agreements Negotiable Certificates of Deposits GNMA, Pass Through Checking Accounts Bankers Acceptances Commercial Paper Corporate Bonds Commercial Paper Discount Medium Term Notes United States Treastuy.Issues, Coupon & Discount Federal Agency Issues, Coupon & Discount Tele - consultation is provided during normal business hours (6:30AM TO S:OOPM - Pacific Time), Monday through Friday for questions dealing with the operations of the Licensed Software on Designated Equipment. Support issues may be reported via voicemail (510 -655 -0900 Selection 2), fax (510- 655 - 4064), or email (support @syrnpro.com), 24 hours a day. Answers to "Frequently Asked Questions" are available at www.sympro.com, 24 hours a day. The resolution of some issues may require that Licensee provide Emphasys with a copy of Licensee's data. Licensee agrees to provide Emphasys with a copy of their data for the purpose of resolving Licensee's issue and Emphasys agrees to maintain full confidentiality of any required data and will use it only for the resolution of the Licensee's issue. Not Included: Consulting on issues concerning investment accounting matters, specific financial or investment matters, research on investments not supported within the Licensed Software, or data entry for investments not supported in the Licensed Software system are not included. Third Party Responses City of Corpus Christi, TX - Enterprise Resource Planning System r Cash Management 1- 2 Wit' : ., • .. , .' Ability to provide cash management functionality for managing cash account transactions including bank transfers. ' H ' < " T i y{ `° ' ';.eJ: ;; SymPro Cash Management Cash Management 3 Ability to interface to and from the City's bank for receipts and payments (e.g., Wells Fargo and Frost Bank) and attach information (e.g., accounts) to the transactions. H T SymPro Cash Management Limitations would be in what data the banks are able to deliver. Cash Management 4 Ability to initiate banking transactions (cash movement, ACH, wires, etc.). H T SymPro Cash Management Electronic Funds Transfer module Cash Management 5 Ability to schedule banking transactions. H T SymPro Cash Management Electronic Funds Transfer module Cash Management 7 Ability to manage and forecast cash flow based on projections and historical trends. H T SymPro Cash Management Forecasting module Cash Management 8 Ability to automate input of pre -determined target balances into the current day cash position. M T SymPro Cash Management Cash Management 9 Ability to track and report on cash on a fund level. H T SymPro Cash Management SymPro Cash Management Cash Management 10 Ability to track daily accumulated balances by fund and compute an average balance based on user defined dates. M T Cash Management 11 Ability to track the book float and project cash flow. ' L T SymPro Cash Management Forecasting module Cash Management 12 Ability to track cash equities by Fund. M T SymPro Cash Management Cash Management 13 Ability to track and manage ACH / Wire activity between accounts and provide related management and transaction reporting. H T SymPro Cash Management Electronic Funds Transfer module Cash Management 14 Ability to automate daily bank polling for prior and current day bank transactions, float, and opening ledger/collected balances into daily cash position worksheet. H T SymPro Cash Management Cash Management 15 Ability to obtain detailed/drilled down information of daily bank 8AI data from summary level to specific transaction detail. H T SymPro Cash Management Cash Management 16 Ability to automate input of control disbursements, ZBA, lockbox, and bank balances into current day cash position worksheet. H T SymPro Cash Management Cash Management 17 Ability to automate posting of investment purchases, maturities, calls, sales and interest income into the current day cash position worksheet. M T SymPro Cash Management Interface to SymPro Investment System Cash Management 18 Ability to automate (with manual override option) population of current day cash position with cash flow forecast detail data. H T SymPro Cash Management Forecasting module Cash Management 19 Ability to prepare a daily cash flow analysis that is used to determine cash needs or amount of excess funds that can be invested. This includes the use of bank reports, estimated deposits, estimated outstanding warrants/checks to clear and known debits and credits. H T SymPro Cash Management Cash Management 20 Ability for authorized users to easily manipulate information to add information on the fly. M T SymPro Cash Management Cash Management 21 Ability to track payment due dates before they are sent out. M T SymPro Cash Management Cash Management 22 Ability to identify deposits with unique identifiers and assign them to an account or activity. H T SymPro Cash Management Cash Management 23 Ability to track daily bank balances to estimate bank fees related to bank balance, repurchase agreement costs and interest income. M T SymPro Cash Management Cash Management 24 Ability to track outstanding checks and warrants. H T SymPro Cash Management Cash Management 25 Ability to handle split I1octIons to different GL codes. H T SymPro Cash Management Cash Management 26 through Ability to set-up and track activity in zero balance accounts whose activities flows to the associated general operating accounts. M T SymPro Cash Management Cash Management 28 forecasting. Ability to customize user -defined inflow/outflow categories for the cash flow M T SymPro Cash Management Forecasting module Cash Management 29 Ability to automate investment interest payments generated from investment module directly into forecast. H T SymPro Cash Management Forecasting module €?riority, F -i High M - Medfum ; L - Low Page 1 o. 8 Ave:iabili w 'r 'fes R - Reporting Tool 1 T -Third Party M - Modification '; F . Future 1 h - Not Availaiate Third Party Responses City of Corpus Christi, TX - Enterprise Resource Planning System Psi(;ri�v N...High M-Mediurn 11. -Law Page- 2 of 8 Availability Y- Yes 1R - Reporting Tool 1 T -Third Party M .. Modification j F- Future 1 N - Not Available Cash Management 30 Ability to automate calendar input for federal reserve holidays, bank holidays, and City holidays. M T SymPro Cash Management Forecasting module Cash Management 31 Ability to forecast in annual summary format for 2 or 3 year projections. M T SymPro Cash Management Forecasting module Cash Management 32 Ability to perform trend analysis for actual versus actual, and actual versus forecast. M T SymPro Cash Management Forecasting module Cash Management 33 Ability to create Multi-yearforecasts-Original, Dated Version Updates, Final. L T SymPro Cash Management Forecasting module Cash Management 34 Ability to forecast generation based on percentage increases, date specific, weekday specific, Saturday/Sunday avoidance dates, specific amount, annual specific amount smoothed daily, monthly or by percentage. L T SymPro Cash Management Forecasting module Cash Management 35 Ability to automate investment maturities, calls, sales, purchases from investment module directly into forecast. M T SymPro Cash Management Forecasting module Cash Management 36 Ability to create trend generation and forecast population based on previous years' historical data. L T SymPro Cash Management Forecasting module Cash Management 38 Ability to view a Listing of Transactions affecting GL Cash accounts (payroll, AP, cash receipts, etc.). H T SymPro Cash Management ' Cash Management 39 Ability to provide a daily banking transaction log by bank account number. H T SymPro Cash Management Cash Management 40 Ability to query up-to-date daily balance and have it match to credits at the bank. H T SymPro Cash Management Cash Management 41 Ability to include actual data and forecast in annual reports (i.e. In April, the annual summary report would be March YTD actual data plus April -December Forecast). L T SymPro Cash Management Data is available. Format may need to be adjusted. Cash Management 43 Fund Summary with Receipts/Disbursements H T SymPro Cash Management Cash Management 44 Fund Ledger H T SymPro Cash Management Cash Management 45 Ability to report on receipts by tender type (e.g., cash, credit card, ACH, etc.). H T SymPro Cash Management Cash Management 46 Ability to create a report of actual cash flows by fund or group of funds. L 7 SymPro Cash Management Cash Management 47 Ability to pull history of receipts/disbursements by month or other user -defined period. M T SymPro Cash Management Debt Management 3 Bond series H T SymPro Debt Manager Debt Management 4 Debt type H T SymPro Debt Manager Debt Management 5 Description H T SymPro Debt Manager Debt Management 6 Financial institution 14 T SymPro Debt Manager Debt Management 7 CUSIP H T SymPro Debt Manager Debt Management 8 Bond Issued amount H T SymPro Debt Manager Debt Management 9 Additions H T SymPro Debt Manager Debt Management 10 Reductions H T SymPro Debt Manager Debt Management 11 Payments H T SymPro Debt Manager Debt Management 12 Principal /Year H T SymPro Debt Manager Debt Management 13 Remaining issued amount (principal outstanding) H T SymPro Debt Manager Debt Management 14 Remaining Original Issue Premium/Discount H T SymPro Debt Manager Debt Management 15 Interest/Year H T SymPro Debt Manager Debt Management 16 Multiple Accts (Cost of Issue, Escrow, Capitalized Interest, etc.) H T SymPro Debt Manager Debt Management 17 Gain/Loss on refinancing H T SymPro Debt Manager Debt Management 18 Maturity date H T SymPro Debt Manager Debt Management 19 Bond refunding (including partial bond refunding) and relationships H T SymPro Debt Manager Debt Management 20 anything Participation per bond (percent allocated to different activities and to report tracked within allocation percentages). H T SymPro Debt Manager Psi(;ri�v N...High M-Mediurn 11. -Law Page- 2 of 8 Availability Y- Yes 1R - Reporting Tool 1 T -Third Party M .. Modification j F- Future 1 N - Not Available Third Party Responses City of Corpus Christi, TX - Enterprise Resource Planning System > J..A. .» 21 r E' a Fund type (proprietary or governmental) H ter: e T , SymPro Debt Manager %. Debt Management Debt Management 22 User defined fields H T SymPro Debt Manager Debt Management 24 Payee H T SymPro Debt Manager Debt Management 25 Lease terms H T SymPro Debt Manager Debt Management 26 Payment/Amortization schedule H T SymPro Debt Manager Debt Management 27 Maturity date H T SymPro Debt Manager Debt Management 28 Pay off schedule H T SymPro Debt Manager Debt Management 30 Individual Lease Agreements H T SymPro Debt Manager Debt Management 31 Master Lease Agreements and link to the individual leases H T SymPro Debt Manager Debt Management 33 Ability to analyze different financing options through analytics and "what -if' scenarios. L T SymPro Debt Manager You can setup a "planned" portfolio that mirrors your live portfolio and add different options. You can then move the options over to the live portfolio if/when issued. Debt Management 34 Ability to track, initiate and record debt payments. H T SymPro Debt Manager Debt Management 37 Ability to provide accruals on outstanding debt and interface to G/L system. H T SymPro Debt Manager General Ledger Interface module Debt Management 38 Ability to provide amortization entries for original issue premium/discount and gain/loss on refund based on user defined method. H T SymPro Debt Manager General Ledger Interface module Debt Management 43 Ability for users to configure account, fund, org, and "mission elements" for transaction type. The configuration would be by activities and bond types. H T SymPro Debt Manager Debt Management 44 Ability to integrate to the G/L module. H T SymPro Debt Manager General Ledger Interface module Debt Management 45 Ability to integrate to the Cash Management module. H T SymPro Debt Manager Optional interface to SymPro CM module Debt Management 46 Ability to integrate to the AP module. H T SymPro Debt Manager Interface to Financials AP module Debt Management 47 Ability to integrate with the Budget module for 5 -year forecasting. H T SymPro Debt Manager Interface to Financials Budget module; send over debt cash flows Debt Management 48 Ability to integrate with the Budget module for annual budget purposes. H T SymPro Debt Manager Interface to Financials Budget module; send over debt cash flows Debt Management 50 Ability to create debt amortization detail schedules on a detail and summary basis. H T SymPro Debt Manager Debt Management 51 Ability to create amortization schedules for gains and losses on refinancing (refunding), premiums, and discounts. H T SymPro Debt Manager Debt Management 52 Ability to report on individual debt types, series, issuances, activities, and other fields. H T SymPro Debt Manager Debt Management 53 Ability to query the activities related to a particular debt issuance/type. H T SymPro Debt Manager Debt Management 54 Ability to report on what debt payments are due in a particular month. H T SymPro Debt Manager Debt Management 55 Ability to create/summarize debt schedules based on user defined criteria (fund type of proprietary and governmental for GASB 34 and CAFR). H T SymPro Debt Manager System allows for user definable fields that can be sorted on for debt service. Debt Management 56 Ability to generate reports listing all journal entries by date range and include actual and accrual information. M T SymPro Debt Manager General Ledger Interface module Debt Management 57 terms Ability to track and provide reports to monitor variable rate debt with varying and maturity dates. M T SymPro Debt Manager Debt Management 58 Ability to create year end report breaking out total principal and total interest paid for FY by lease and total !eases. H T SymPro Debt Manager Priority H Medium I Low Pa653af2 Avadabili tv 3 -Yes € R - Reporting fool i l' - Third Party M - Modification l 6- Future I N - Not Available Third Party Responses City of Corpus Christi, TX - Enterprise Resource Planning System Debt Management 36 Ability to report cash flows (such as capita( project expenditures and investment earnings) for arbitrage calculations. H T SymPro Debt Manager and Investment modules General Ledger 85 Ability to calculate interest allocations across funds based on monthly fund balances. Also, provides the appropriate reporting of the interest allocation and provides for comparative reporting of interest allocations across funds by month. M T SymPro Investments Investment Management 2 Ability to track pooled investments. M T SymPro Investment system Investment Management 3 Ability to provide reconciliation of monthly custodian report to par, cost and interest income. M T SymPro Investment system Financial Services - Custodial interface investment Management 4 Ability to maintain a database of negotiable instruments held for safekeeping. M T SymPro Investment system. Investment Management 9 Ability to itemize investment activity in the general ledger. H T SymPro Investment system General Ledger Interface module Investment Management 10 Ability to integrate Investment Management activities into general ledger directly. H T SymPro Investment system General Ledger Interface module Investment Management 11 Ability to record project, reconcile, report and record amortization and accretion on a monthly basis. M T SymPro Investment system Investment Management 12 Ability to perform interest projections based on user specifications. M T SymPro Investment system Investment Management 14 Based on current M T SymPro Investment system Investment Management 15 Based on "what if" M T SymPro Investment system Investment Management 17 U.S. Treasury Bills M T SymPro Investment system Investment Management 18 _ U.S. Treasury Notes M T SymPro Investment system Investment Management 19 U.S. Treasury Strips M T SymPro Investment system Investment Management 20 Repurchase Agreements M T SymPro Investment system Investment Management 21 _ Commercial Paper M T SymPro Investment system Investment Management 22 Bankers Acceptances M T SymPro Investment system Investment Management 23 Agency Discount Notes M T SymPro Investment system Investment Management 24 AgencyBonds-Bullets M T SymPro Investment system Investment Management 25 Agency Bonds - Callables M T SymPro Investment system Investment Management 26 Reverse Repurchase Agreements M T SymPro Investment system Investment Management 27 Certificates of Deposit M T SymPro Investment system Investment Management 28 Collateral M T SymPro Investment system Investment Management 29 Local Government Investment Poor (LGIP) M T SymPro Investment system Priorite H - High i M - Mediiirn i L - Lew Page .1 o, 8 Availabi! h Y -Yes R- Reportk„ g Teel J T -Third Party M - Modification ? Future 1 is - Not available Third Party Responses Investment Management 30 Municipal Bonds City of Corpus Christi, TX - Enterprise Resource Planning System M T SymPro Investment system Investment Management 31 Corporate Bonds M T SymPro Investment system Investment Management 33 Par Value M T SymPro Investment system Investment Management 34 Security Type M T SymPro Investment system Investment Management 35 CUSP M T SymPro Investment system Investment Management 36 Purchased Interest M T SymPro investment system Investment Management 37 Premium/Discount M T SymPro Investment system Investment Management 38 Purchase Date M T SymPro Investment system Investment Management 39 Settlement Date M T SymPro Investment system Investment Management 40 Issue Date M T SymPro Investment system Investment Management 41 Purchase Price M T SymPro Investment system Investment Management 42 Sale Price M T SymPro Investment system investment Management 43 Custodian / Holder M T SymPro Investment system Investment Management 44 Broker/dealer M T SymPro Investment system Investment Management 45 Market Price M T SymPro Investment system investment Management 46 Book Value M T SymPro Investment system Investment Management 47 Market Verne T SymPro Investment system Investment Management 48 Interest Rate M T SymPro Investment system Investment Management 49 Yield M T SymPro Investment system Investment Management 50 Maturity Date M T SymPro Investment system Investment Management 51 Short/Long First/Last Coupon M T SymPro Investment system Investment Management 52 Next Interest Payment Date M T SymPro Investment system Investment Management 53 Last Interest Payment Date M T SymPro Investment system Investment Management 54 Call Date(s) M T SymPro Investment system Investment Management 55 Cali Price M T SymPro Investment system Prioris." H -High M - Mediu" jL-Low Page `sof8 Availabii ty Y - Yes f R Reporting Tool j T -Third Party M Modic kation ; F . Future N - Not Ava=.fable Third Party Responses City of Corpus Christi, TX - Enterprise Resource Planning System Investment Management 56 Net Gain/Loss M T 7 SymPro Investment system Investment Management 57 Entry Audit Log M T SymPro Investment system Investment Management 58 Amortization of premiums and discounts M T SymPro Investment system Investment Management 59 Credit Rating M T SymPro Investment system Investment Management 60 Ability to assign and track an investment that is associated with one or more funds. H T SymPro Investment system Investment Management 61 Ability to target investment earnings to another fund. H T SymPro Investment system Earnings Allocation module Investment Management 62 Ability to set up a fund as non-interest bearing. H T SymPro Investment system Investment Management 63 Ability to track fund balances for distribution of interest. M T SymPro Investment system Earnings Allocation module Investment Management 64 Ability to record an estimated interest rate for pooled investments for the month. M T SymPro Investment system Earnings Allocation module Investment Management 65 Ability to allocate interest earnings, including negative interest, based on average balances calculated from user defined to/from dates. M T SymPro Investment system Earnings Allocation module Investment Management fi6 Ability to allocate unrealized gain/losses resulting from fair valuation of pooled investments based on average balances calculated from user defined to/for dates. M T SymPro Investment system Earnings Allocation module Investment Management 67 Ability to track interest receivable by fund/org. M T SymPro Investment system Investment Management 68 Ability to track FMV balances on a fund/org level. M T SymPro Investment system Investment Management 69 Ability to track historical cash flow activity. M T SymPro Investment system Investment Management 70 Ability to auto post interest distribution to the G/L module based on full accrual. H T SymPro Investment system Earnings Allocation and GL Interface modules Investment Management 71 Ability to auto post FMV adjustment to the G/L module. 5 T SymPro Investment system GL Interface module Investment Management 72 Ability to automatically record interest receivable and revenue to the General Ledger for all investments including the estimated pool investment interest monthly. H T SymPro Investment system GL interface module Investment Management 73 Ability to reconcile the estimated versus actual interest income for pooled investments and automatically generate and record the appropriate journal into the General Ledger monthly. H T SymPro Investment system Earnings Allocation and GL Interface modules Investment Management 74 Ability to determine and track interest income that considers situations in which portions of a pooled investment have been drawn down or added to the pool during the investment period such that the original, deposits and withdrawals activity can be tracked separately. M T SymPro Investment system Earnings Allocation module Investment Management 75 Ability to post journal voucher entries in current month to the portfolio. H T SymPro Investment system GL Interface module Investment Management 76 Ability to record investment purchases. M T SymPro Investment system Investment Management 77 Ability to record investment complete sales. M T SymPro Investment system Pr;orit 5 - High ; N1- Medium I L - Low Page ofS Avaiiat ility 7- Yes R - Reporting Taal l l' - Third Party V . Moditcatie ; ; F - Future 1 N -- Not Available Third Party Responses City of Corpus Christi, TX - Enterprise Resource Planning System Investment Management 78 Ability to record investment partial sales. M T SymPro Investment system Investment Management 79 Ability to record investment interest earned by individual investment. M T SymPro Investment system Investment Management 80 Ability to record investmentgain/loss (both realized and unrealized). M T SymPro Investment system Investment _Management 81 Ability to record investment interest receivable. M T SymPro Investment system investment Management 82 Ability to record rate changes. M T SymPro Investment system Investment Management 83 Ability to track a pool of collateral for sweep repurchase agreements and CDs. M T SymPro Investment system Investment Management 84 Ability to adjust investments to market (FMV). M T SymPro Investment system Investment Management 85 Ability to record investment calls and partial calls. M T SymPro Investment system Investment Management 86 Ability to modify/adjust fields rather than reverse entries for investment activity with an audit trail of changes. M T SymPro investment system Investment Management 87 Ability to generate and update required tables (Bank, Broker, Custodian, Security Types, etc.). M T SymPro Investment system Investment Management 88 Ability to manage multiple portfolios. M T SymPro Investment system Investment Management 89 Ability to auto -generate the security ID No. M T SymPro Investment system Investment Management 90 Ability to create user defined portfolios. M T SymPro Investment system Investment Management 91 Ability to calculate amortization/accretion utilizing a user defined method (i.e., straight line, constant yield, etc.). M T SymPro investment system Investment ivlanagement 92 Ability to project interest payment dates, maturities and calls. M T SymPro Investment system Investment Management 93 Ability to calculate multiple yields (e.g. yields based on industry standards). M T SymPro Investment system Investment Management 94 Ability to perform and print investment compliance review (comparing the portfolio to the policy) based on user -defined parameters. M T SymPro Investment system Investment Management 95 Ability to amortize discounts taken. M T SymPro Investment system Investment Management 96 Ability to track each fund's share of the investment portfolio. M T SymPro Investment system Earnings Allocation module Investment Management 97 Ability to produce en investment ledger which contains a history of the investment. M T SymPro Investment system Investment Management 98 Ability to abide by the State of Texas's investment laws for governments M T SymPro Investment system As it pertains to public sector investing. Investment _Management 104 Interest Apportionment M T SymPro Investment system Investment Management 105 Ability to generate a report on duration of securities or securities category. M T SymPro Investment system Investment Management 106 securities Ability to generate a report on weighted average maturity of securities or category. M T SymPro Investment system Investment Management 107 Ability category. to generate a report on modified duration of securities or securities M T SymPro Investment system Priority H .. High i M - Medium i -. Low Page 7 of 8 Availability Y -Yes i P. -Reporting Tool ! T -Third Pa ty M Modification ' F- Future l N - Not tAvailab€e ..o Third Party Responses City of Corpus Christi, TX - Enterprise Resource Planning System Investment Management 108 Ability to generate a report to compare the investment return vs. user defined M T benchmarks. SymPro Investment system Investment Management 109 Ability to report and graph portfolio statistics {investment allocation, historical yields, etc.). M T SymPro Investment system Investment Management Investment Management 110 Ability to graph a yield comparison line. L T SymPro Investment system Analytics module 111 Ability to generate historical reports. M T SymPro Investment system Investment Management 113 Individual investments within a particular portfolio including Book Value, Market Value and Maturity Date M T SymPro Investment system Investment Management 114 Listing of investments by fund type (Book Value) M T SymPro Investment system Investment Management Investment Management 115 Listing of investments by broker/dealer (Par Value) M T SymPro Investment system 119 Interest income for current month {bonds, all else), YTD (bonds, all else) and prior year month and YTD {bonds, all else) ' M T SymPro investment system This would be done in two reports Investment Management 120 Ability to generate GASB disclosures. li T SymPro Investment system GASB 31, 40 Investment Management 122 Bond Calls Report M T SymPro Investment system Investment Management 123 Investment Inventory by Type M T SymPro Investment system Investment Management 124 Investment Inventory by Maturity Date M T SymPro Investment system Investment Management 125 Purchases Report M T SymPro Investment system Investment Management 126 Sales Report M T SymPro Investment system Investment Management 128 To stated Maturity M T SymPro Investment system Investment Management 129 To first call date M T SymPro Investment system Investment Management 130 Weighted Average Maturity M T SymPro Investment system Investment Management 131 To final call date M T SymPro Investment system F i ;ority H High i M - Medium - Low Page 5of8 A�aila�iliy - Yes 1R - Reporting Tool j 1' - Thrd Party ��; Modificatto : , F - Future 1 tv - Hoe A•.vaiiable