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Res No 252-10-13286RESOLUTION NO. 252 -10 -13286 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to renew the annual software support agreement with USA Software Inc. for a total cost of $23,422.20 to be paid in quarterly payments of $5,855.55 and charged to account number 001 - 1910 - 521 -4630 (Maintenance and Repair Communications Equipment), providing for an effective date. WHEREAS, USA Software, Inc. is the manufacture and supplier of the Police Department's Mobile Data System and Records Management software; and WHEREAS, USA Software, Inc. provides maintenance and technical support for their CrimeFile 2000, MobileFile 2000, CADFile 2000 and EvidenceFile 2000 software products; and WHEREAS, the funding for this request is budgeted in the 2010/2011 budget in Maintenance and Repair of Communication Equipment 001- 1910 -521 -4630 for a one year service agreement with USA Software, Inc in quarterly payment of $5,855.55 for a total cost of $23,422.00 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The City Manager be, and hereby is authorized to issue four payments of $5,855.55 to be charged to account number 001- 1910 - 521 -4630 (Maintenance and Repair of Communication Equipment), Section 2: That this resolution shall effect immediately upon approval. PASSED AND ADOPTED this 7 thday of December, 2010. ATTEST: APPROVED: �w6�� � Y CLERK — C ,,y MAYO -- READ AND APPROVED AS TO FORM: AND SUFFICIENCY: CITY ATTORNE Commission Vote: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Beasley: Yea Commissioner Palmer: absent Commissioner Harris: Yea South Miami AA- AmefleaCAy CITY OF SOUTH MIAMI 1 r OFFICE OF THE CITY MANAGER ° INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor and Members of the City Commission From: Hector Mirabile, Ph.D, City Manager Date: November 17, 2010 Agenda Item # Subject: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to, renew the annual software support agreement with USA Software Inc. for a. total cost of $23,422.20 to be paid in quarterly payments of $5,855.55 and charged to account number 001- 1910 -521 -4630 (Maintenance and Repair Communications Equipment), providing for an effective date Background: The Police Department's computer system utilizes software from USA Software Inc. and we need to renew the annual support agreement. The software includes crime analysis, offense /incident reports, database, mobile field reporting, personnel, alarm tracking and data storage. This agreement will cover telephone and on -site support as well as arty updates and upgrades of the software during the length of the agreement. Cost: $ 23,422.20 Funding Source: Funds are budgeted in account number 001 - 1910 -521 -4630 with a current balance of $84,379.77 Backup Documentation: • Proposed Resolution • Copies of agreement �� a s,:. �' ,.,�: i`��5 #`v'a °*a;ia ✓ "�"�' "r�i �i°a�`�r� ✓`��'i'"°�nr'2'� =i i��ej? „�RJ�t��`4E. � IS � � �. d ? >+ �s � � �m } m� ',, � , mmssm �t � ` ae.,.y,• ,'-r � \w q �"r� en iFs i ' .�� 6', � z � `9' c„, « 't s , r <'�q„�..a w G � + t i V N-MhK'S .y�+k`sv, t ' b irjsS m1 m jz �' „ � ��1 Plerts .m O �„ ,t p �s � ,r,.��1(Yss yG$� "w� �4� � .h�.:.. :� M 1 Agency South Miami Police Department Attention: Chief Martinez Elm Address 6130 $W 72nd Street Phone: 305- 663 -6301 City South Miami, Florida 33143 Date: 11/12/2010 email omartinezderastro@cityofsouthmiami .net Proposal tt:MPD111210ASA CrimeFile Information Management System NON - DISCLOSURE This proposal has been prepared by the sales divisions of USA Software, Inc. and is a confidential document that contains ideas concepts methods and otherproprietary information. Readers are to treat the information contained herein as confidential and may not copy or reproduce any of these materials for distribution outside of their organization without the written permission of USA Software, Inc. Pa ment Terms and Conditions i) 100% down with order 11112/2010 Nr Software Support and Maintenance Agreement The following are the terms and conditions under which USA Software agrees to fumish and Customer agrees to accept software support services for the Licensed Program(s) listed on the attached Support Schedule A. ELIGIBILITY REQUIREMENTS: Services under this Agreement are applicable only to Information Management Systems Software purchased from USA Software commencing with Version 6. II. TERMS & CONDITIONS: At the time Customer licenses Licensed Programs(s) from USA Software, it may also purchase support services for the Licensed Program(s). All such services shall be upon the following terms and conditions: Support USA Software will provide the following support: a. Telephone support service to Customer for the purpose of assisting Customer with the application of the Licensed Program(s). Telephone Support Service is defined as "answering questions requiring a nominal amount of time, usually during the same tele- phone tail" and will be available from 8:30 A.M. until 4:30 P.M.,Mondays through Fridays (holidays excluded). Extended, 24 hour, 7 day per week coverage (24x7 support) is also provided as a part this agreement. In the event any telephone support requires an inordinate amount of time (over five minutes on any one problem or call) Customer may be responsible for the long distance telephone charges for such call(s). b. Web -based support is provided where available. As an alternative to web -based support, modem communication support is provided. Customer must provide its own compatible modem and will be responsible for all long distance telephone connect time and charges. Customer is responsible for all aspects of configuring their site for communication between USA Software and the Customer site. This includes, but is not limited to, all hardware, Internet access, firewall settings, and server access settings. Customer - provided copy of GoToMyPc may be required. c. On site visits either to the USA Software site by Customer or to Customer's site by USA Software and services in addition to telephone service will be charged at the then current labor rates plus expenses. Customer will be informed in advance of incurring any charges. This service is provided only to Customers within the continental United States and Canada. d. DOES NOT INCLUDE: a. Restoration of any software and /or data on Customer system due to failure on the part of Customer to adequately backup software and /or data or protect same from virus attacks and /or spyware/adware related issues. b. Maintenance of any Customer systems other than the Licensed Product(s). This includes, but is not limited to, security settings, hardware maintenance and configuration, network configuration, etc. 2. Fees: Customer shall pay to USA Software an annual support fee in advance in the amount set forth in the USA Software invoice /statement accompanying this Agreement. Fees are payable to USA Software in Broward County, Florida and are subject to change without notice except for current agreements for a maximum of 12 months or until expiration date whichever period is shorter. The annual amount shall be $23,422.20, payable in quarterly payments of $5855.55 which are due on the first day of each Quarter commencing Oct 1, 2010. 3. Term: This Support Agreement shall be for a term of twelve (12) months from October 1, 2010 to September 30, 2011. corns ¢nt ®,sas2aoeorusnsmw.,re.�nc. ai Ragas RacrvN. 4. Software Maintenance: USA Software shall distribute to Customer updated Licensed Program(s) and /or documentation as soon as they are commercially available. USA Software shall distribute to Customer any new versions, upgrades and /or other enhancements to the Licensed Program(s) which are released, in USA Software's sole discretion, during the maintenance term. Customer acknowledges that certain new versions, upgrades and /or other enhancements to the Licensed Program(s). may require either additional software, hardware or hardware updates, with respect to the Customer's original or current computer system(s), in order for the Licensed Program(s) to function and /or to allow Customer to gain the full benefits of said new versions, upgrades and /or other enhancements to the Licensed Program(s). All costs and responsibilities for such new or additional software and /or hardware shall be borne solely by Customer. Ill. WARRANTY AND LIMITATION OF LIABILITY: 1. EXCEPT AS STATED IN THE APPLICABLE LICENSE AGREEMENT, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES RESPECTING THE LICENSED PROGRAMS, THIS AGREEMENT AND THE SERVICES AND MATERIALS PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTIES AND REMEDIES SET FORTH IN THE APPLICABLE LICENSE AGREEMENT AND USA SOFTWARE, INC. SOFTWARE SUPPORT AND MAINTENANCE AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. USA SOFTWARE, INC., ITS DISTRIBUTORS, DEALERS AND /OR AGENTS MAKE NO EXPRESS OR IMPLIED WARRANTIES TO CUSTOMER WITH REGARD TO THIS AGREEMENT, THE LICENSED PROGRAMS AND THE SERVICES AND MATERIALS PROVIDED THEREWITH, INCLUDING MERCHANTABILITY, FITNESS FOR ANY PURPOSE OR PROPRIETARY RIGHTS OF OTHERS. NEITHER OF THEM SHALL HAVE ANY LIABILITY OR RESPONSIBILITY TO CUSTOMER FOR DAMAGES OF ANY KIND, INCLUDING SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGE, ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, THE LICENSED PROGRAMS, OR THE SERVICES OR MATERIALS MADE AVAILABLE HEREUNDER. IN NO EVENT SHALL USA SOFTWARE, INC. BE LIABLE FOR ANY LOSS OR PROFIT OR ANY OTHER DAMAGES OF ANY KIND. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. 2. USA Software will not be liable for any failure or delay in performance due in whole or in part to any cause beyond USA Software's reasonable control. in no event shall USA Software be liable to Customer for any claim, whether in contract or those that arose more than eighteen months prior to institution of suit thereon. IV. GENERAL 1. Customer may not assign any of its obligations, rights or remedies under this Agreement and any such attempted assignment shall be null and void. 2. The waiver or failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. 3. Customer agrees that USA Software may perform such tests as USA Software shalt deem reasonably necessary to monitor compliance with applicable software licenses at any time, with or without notice, during normal business hours. 4. That the Software License Agreement for the products covered herein and the USA Software Terms and Conditions of Sale are incorporated herein by reference and made a part hereof. That if any term of this agreement and the applicable License Agreement are inconsistent or contrary the applicable License Agreement shall govem. 5. This Agreement shall be deemed made and entered into in Broward County, Florida and shall be governed by the laws of the State of Florida. Customer agrees that venue for any �vMem01ees20MYU nsOro Ano. N MPar+�W- suit or action arising out of or in connection with this Agreement, the licensed Programs or any support or materials provided herewith, or any other matter involving USA Software, including but not limited to rescission, can and shall only be maintained in Broward County, Florida and Customer hereby submits to the jurisdiction of the courts in Broward County, Florida for any such suit and Customer hereby waives all rights to trial by jury. 6. Customer agrees that USA Software's entire liability, if any, for any cause whatsoever arising out of this Agreement shall not exceed the amount Customer actually paid to USA Software to purchase the support. 7. This Agreement constitutes the entire and sole agreement of the parties hereto and supersedes all prior agreements, understandings, oral or written, expressed or implied, with respect to the subject matter hereof. There are no contemporaneous oral agreements or un- derstandings between the parties other than those contained or incorporated herein. This Agreement may not be amended or modified except in writing. 8. In the event any litigation is instituted by either party under or as a result of this Agreement, the prevailing party shall be entitled to its reasonable attorneys fees from the non - prevailing party. Accepted -.,4 tea. . Customer Signature., PrintNam4 Street Address: 6130 Sunset Drive Cit #State/Zip: South Miami, FL 33143 Telephone: 305 - 663 -6301 Date: I z�cs `Z 61 D Copyright Oiggi2gg8 EYE som'•+re, Inc. NI RigM16 ReaerveE. 20(l. SUPPORT SCHEDULEA This Support Schedule outlines the software (Licensed Programs) to be included with the USA Software Support and Maintenance Agreement provided to Customer. Item # Software name uanti 1 CrimeFile®1MS Records Management System 1 2 CADFile@ IMS Computer Aided Dispatch 9 3 IAFile IMSOInternal Affairs 1 4 PhotoFile INS 0Mugshot Management System 1 5 EvidenceFile 9) IMS Evidence Management System 1 5 MobileFile 1MSO MDS Mobile Data System 1 7 MobileFile IMS& eForms Field Reporting System 1 8 9 10 11 12 13 14 15 Cappi9h�019932009by115A5oNxr90 .Inc. NI RfBNk Recervetl.