6South Miami
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 any 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
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RESOLUTION NO.
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
$5855.55 to be charged to account number 001 - 1910 -521 -4630 (Maintenance and repair of
Communication Equipment), with a current balance of $84,379.77
Section 2: That this resolution shall effect immediately upon approval.
PASSED AND ADOPTED this day of December, 2010.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
AND SUFFICIENCY:
CITY ATTORNEY
APPROVED:
On=
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
1
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Agency South Miami Police Department Attention: Chief Martinez
Address 6130 SW 72nd Street Phone: 305 - 663 -6301
City South Miami, Florida 33143 Date: 11/12/2010
email omartinezdecastro @cityofsouthmiami.net Proposal #: MPD111210ASA
CnmeFile Information Management System
Project Total $ 23,422.20 ,
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 other proprietary 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 wdtfen permission of USA
Software, Inc.
Pa ment Terms and Conditions
1) 100% down with order
11/12/2010
The following are the terms and conditions under which USA Software agrees to furnish 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.
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:
1. SUppoff. 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 call' 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 Customers 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.
Cnpytlght 019 9 52 0 0 0 by USA SQl ce, Inc. Al RgM1k Rcccry .
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.
III. 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 shall 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 govern.
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
Co,y,i9h1 ®19952008 by JM SOMNR, ino. NI R19M8 Ra mo ,
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 and agreed to:
Customer name: South Miami Police Department
Signature:
Print Name:
Street Address: 6130 Sunset Drive
City/State/Zip: South Miami, FL 33143
Telephone: 305-663-6301
Date:
Accepted by USA Software on the _ day of _, 20
By:
Authorized USA Software Signatory
Copyd66t 01556-2008 by USA Software, Inc. Al Rights Reserved.
SUPPORT SCHEDULE A
This Support Schedule outlines the software (Licensed Programs) to be included with the USA
Software Support and Maintenance Agreement provided to Customer.
Item #
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Software name
CnmeFile®IMS Records Management System
CADFile® INS Computer Aided Dispatch
Wife IMSO Internal Affairs
PhotoFile IMS O Mugshot Management System
EvidenceFile ®IMS Evidence Management System
MobileFile IMS®MDS Mobile Data System
MobileFile IMS® eForms Field Reporting System
CV igh10Y995 -3008 by USN Sofl m, lm. NI Ri90k Reserved.
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