Res. No. 214-09-13023RESOLUTION NO.: 21 4 -09 -1 3023
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE $23,422.20
FROM ACCOUNT NUMBER 001- 1340 - 513 -3450 TO USA SOFTWARE, INC FOR THE
2009/2010 POLICE DEPARTMENT SOFTWARE SUPPORT AND MAINTENANCE;
PROVIDING FOR AN EFFCTIVE DATE,
WHEREAS, USA Software Inc, is the manufacturer and supplier of the Police Department's
records management software; and
WHEREAS, USA Software, Inc. will provide maintenance and technical support for their
CrimeFile 2000. MobileFlle 2000, CADFiles 2000 and Evidence File 2000 software products upgrade at
no additional cost to the city; and
WHEREAS, the maintenance and operation of this software is critical to the operation of the
Police department, and funding has been provided in the FY 2009/2010 operating budget for a one year
service agreement; and
WHEREAS, the funding for this request is from the Contractual Services Account # 001 -1340-
513 -3450, with an account balance of $ 84,951.42
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The City Manager is authorized to disburse $23,422.20 to USA Software, Inc, for the
one year renewal of the software support and maintenance.
Section 2: That the disbursement be charges to account #001 - 1340 - 513 -3450 that has a current
balance of $84,951.42 .
Section 3: This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this 8th
N I
INMMA166�mlof
READ, . a...• •��' 9R
KQFh AV
11 � ���
day of December 2009.
APPROVED:
C. r--J)
MAYOR
COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Newman:
Yea
Commissioner Sellars:
Yea
CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
Via: Roger M. Carlton, Acting City Manager �
From: Gremaf Reyes / MIS Manager (fev
Date: December 1, 2009
Agenda Item No."
South Miami
Nt kmeisc d
r
m
2001
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE $23,422.20
FROM ACCOUNT NUMBER 001 -1340- 513 -3450 TO USA SOFTWARE, INC FOR THE
2009/2010 POLICE DEPARTMENT SOFTWARE SUPPORT AND MAINTENANCE;
PROVIDING FOR AN EFFCTIVE DATE.
Request: Renewal of Police Department Software Support and Maintenance Agreement with USA
Software.
Background: The Police Department is requesting the renewal of this agreement with USA Software
Inc. in the amount of $23,422.20 as itemized in the 2009/2010 budget in the Contractual
Service Account 001 -1340- 513 -3450.
USA Software, Inc provides the South Miami Police Department with records
management software in addition to maintenance updates and upgrades of their software.
The Police Department's software includes crime analyst software, offense incident
storage databases, mobile field reporting, personnel and false alarm tracking. This
contract Renewal will cover telephone and on -site support as well as any updates and
upgrades of the software during the length of the contract.
The USA Software has been "in place since 1989 and this will be the third extension in a
row with no cost increase. USA Software, Inc. is the only vendor that can provide support
to the Police Department software currently in place. The estimated cost to replace the
system is approximately $500,000.00
Cost: $23,422.20
Backup Documentation:
Q (A) Draft resolution
❑ (B) Copy of Maintenance Agreement
U (C) Previous Resolution
September 2, 2009
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1
INVOICE
SOUTH MIAMI POLICE DEPARTMENT
6130 SUNSET DRIVE
SO MIAMI FL 33143
Order Date Ter s Ordered By Purchase Order#
09/02/2009 NET 30 G. Reyes Verbal
Invoice Number: 302189
DETAIL# MODULE 1D MODULE QUANTITY PRICE EXTENSION
1 53 Support Contract- Renewal 1 23,422.20 23,422.20
Total 23,422.20
Please refer to the above Invoice Number to receive proper credit for payment. Remit all payments to:
USA Software, Inc.
9900 Stirling Road, Suite 302
Cooper City, Florida 33024
(954) 436 -3911
Software Support and Maintenance Agreement
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.
IL 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. Su ort. 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 (247 support) is also
available, for an additional charge, via an addendum to 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, firewali 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. After hours, weekend, and holiday support which may be contracted for
separately.
c. 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.
3. Term: This Support Agreement shall be for a term of twelve (12) months as shown on the
invoicelstatement accompanying this Agreement.
COPAM0105.0D5 by USA SO4 M. IM. MFGWRe¢ ,
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 ANDIOR 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.
�pNiahtm199S2000 by UMSOfiv MJIO. M MOM Reword.
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
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 n
Signature:
Print Name:
City /Statw7ip: 9lDn &A�Crn1, R,
Te1ephone :c,;3DV (Q(D & e a J j O Fax:
Date: j v� , `�^` '01
=, 20
Co yri9h101995-2008 by V5 Software, Inc. Al RIgh6 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 #
Software name
uantf
9 CrimeFileOIMS Records Management System 7
2 CADFilegfMS Computer Aided Dispatch
3 PhotoFile IMS® Mugshot Management System t
4 EvidenceFile® IMS Evidence Management System 1
5 MobileFile IMS40 MDS Mobile Data System f
6 MobileFile IMS0 eForms Field Reporting System ?
Copy htVI09S20WbyUBA9ef v, In Mftl*Rec d.
RESOLUTION NO. 197 -08 -1 2794
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $23,422.20 FROM ACCOUNT NUMBER 001 -1340- 513 -34-50 TO
USA SOFTWARE, INC. FOR THE 2008/2009 POLICE DEPARTMENT
SOFTWARE SUPPORT AND MAINTENANCE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, USA Software, Inc. is the manufacturer and supplier of the Police
DeparhuenVs records management software; and
WHEREAS, USA Software, Inc. will provide maintenance and technical support for
their CrimeFile 2000,, MoblieFile 2000, CADFIle 2000, PhotoFile 2000 and EvidenceFile 2000,
software products upgrades at no additional cost to the city; and
WHEREAS, the maintenance and operation of this software is critical to the operation of
the Police department, and funding has been provided in the FY 2008/2009 operating budget for
a one year service agreement; and
WHEREAS, the funding for this request is from the Contractual Services Account #
001 - 1340513- 34-50, with an account balance_ of $98,710.00.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1: The City Manager is authorized to disburse $23,422.20 to USA Software,
Inc. for the one year renewal of the software support and maintenance.
Section 2: That the disbursement be charges to account #001 -1340- 513 -3450 that has
a Current balance of $98,710.00
Section 3: This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this2nd day of December 2008.
i
Figueredo, P.A.
Attorney
APPROVED:
MAYOR
CO ON VOTE: 4 -0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Palmer: Yea
Commissioner Beckman: Yea
�o savey� South miauni
N s CITY OF SOUTH MIAMI a o-am arcacev
• INW0.POMifO •
OFFICE OF THE CITY MANAGER L I
INTER - OFFICE MEMORANDUM
�O R70P•
2007
To: The Honorable Mayor and Members of the Commission
'pia: W. Ajibola Balogun, City Manager
From: Gremaf Reyes, MIS Manager Agenda Item No.:
Date: December 2, 2008
Subject: Renewal of Police Department Software Support and Maintenance
Agreement with USA Software.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $23,422.20 FROM ACCOUNT NUMBER 001 -1340 -513 -34-50 TO
USA SOFTWARE, INC. FOR THE 2008/2009 POLICE DEPARTMENT
SOFTWARE SUPPORT AND MAINTENANCE; PROVIDING FOR AN
EFFECTIVE DATE.
Reason/Need: The Police Department is requesting the renewal of this agreement with USA
Software, Inc. in the amount of $23,422.20 as itemized in the 200812009 budget in
the Contractual Services Account 001- 1340 - 513 -3450.
USA Software, Inc provides the South Miami Police Department with Records
management software in addition to maintenance, updates & Upgrades of their
software. The Police Department's software includes Crime analyst software,
offense incident storage databases, mobile Field reporting, personnel and false
alarm tracking. This contract Renewal will cover telephone and onsite support as
well as any updates And upgrades of the software during the length of the
contract.
Cost: $23,422.20
Funding Source: Account 001 - 1340 - 513- 34 -50- Balance of $98,710.00 before this request.
iackup Documents: Draft resolution
Copy of Maintenance Agreement.
Previous resolution
c=am! �srr::� �•a'v
October 28, 2008
SOUTH MIAMI POLICE DEPARTMENT
6130 SUNSET DRIVE
SO MIAMI FL 33143
Order afe
Terms
10/2812008
NET 30
DETAIL#
MODULE 7D
1
53
invoice Number: 302057
Ordered By Purchase Order#
O. Reyes Verbal
MODULE QUANTITY PRICE EXTENSION
Support Contract- Renewal 1 23,422.20 23,422.20
Total
Please refer to the above invoice Number to receive proper credit for payment Remit all payments to:
USA Software, Inc.
9900 Stirling Road, Suite 302
Cooper City, Florida 33024
(954)436 -3911
23,422.20
Surd; T✓+•�lw ^.4.'✓'a"1!q T:�fw]i
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.
It. 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:
Suppo . 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
i (holidays excluded). Extended, 24 hour, 7 day per week coverage (24x7 support) is also
available, for an additional charge, via an addendum to 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, firewaii settings, and server access settings. Customer -
provided copy of Go7oMyPo 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. After hours, weekend, and holiday support which may be contracted for
separately.
c. 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.
3. Term: This Support Agreement shall be for a term of twelve (12) months as shown on the
invoice/statement accompanying this Agreement.
CopyApMOi90+@AUe byilSp9otlwdn,(x. P11R�gMS AeservM.
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 bome 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 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.
copyAOhimt9BS2008 Uyu50.soMmm, lrc. at RIp�6 ROMrvt1
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
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
City /State/zip:
Telephone:
Date:
Fax:
Not effective until accepted by an authorized representative of USA Software.
Accepted by USA Software on the _ day of 20�.
By:
Authorized USA Software Signatory
CapyfgMO188S20086y 118ASn8weto ,Ina All Wghla Pecorved.
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 #
Software name
uantft
9 CYImeFfle ®IMS Records Management System f
2 CADI lloOIMS Computer Aided Dispatch 9
3 PhotoFffetp IMS Mugshot Management System 9
4 EvidenceFileeINS Evidence Management System 1
5 MobileFi e0INS MDS Mobile Data System 9
6 MoblfeFfled>1MS eForms Field Reporting System 1
Pop h% 0ieM"M by M 6oftv , ISM, 0 RVh. M..d.
RESOLUTION NO.: 08 -07 -12393
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF TIM CITY OF
SOUTH MIAMI, FLORIDA, AUTRORL71NG THE CITY MANAGER TO DISBURSE
$23,422.20 FROM ACCOUNT NUMBER 001 -1340- 513 -3450 TO USA SOFTWARE,
INC. FOR TIM 2006/07 POLICE DEPARTMENT SOFTWARE SUPPORT AND
MAINTENANCE; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, USA Software, Inc. is the manufacturer and supplier of the Police Department's
records management software; and
WHEREAS, USA Software, Inc. will provide maintenance, and technical support for their
CrimeFile 2000, MoblieKle 2000 CADF& 2000, PhotoFile 2000 and EvidenceFdo 2000 software
products; and
WHEREAS, USA Software, Inc. will provide product updates and upgrades at no additional cost
to the city, and
W i;REA S' the maintenance and operation of this software is critical to the operation of the
Police department, and funding has been provided in the FY 2006107 operating budget for a one year
service agreement; and i
AS, the funding for this request is from the Contractual Services Account # 001 -1340-
513 -3450, with an account balance of $50,729.71 before this request.
NOW,' THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MTAIvZ FLORIDA THAT.
Section 1. The City Manager is authorized to disburse $23,422.20 to USA Software,
Inc. for the one year renewal of the software support and maintenance agreement.
Section 2. That the disbursement be charges to account #001- 1340 - 513 -3450 that has a
Current balance of $50,727.71.
Section 3. This resolution shall take effect immediately upon execution.
-- PASSED AND ADOPTED this "day of 4i:tw-
ATTEST:
C
ZQXL, =
M
Commission WO
4 -0
Mayor Felin:
Yea
Vice MayorWiscomber
Yea
Commissioner Palmer.
absent
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
X04 souzq 5outth Miami
N � Adfcebti�[
CITY OF SOUTH MIAMI :
�� o xiro r OFFICE OF THE CITY MANAGiFR °
INTER- OFFICE MEMORANDUM x8m
To: The Honorable Mayor Feliu and Members of the City Commission
Via; Yvonne S. McKinley, City Manager
From: Vincent Landis, Chief of Police1
Dater January 23, 2007
Agenda Item #
Subject: Renewal of Police Department Software Support and Maintenance
Agreement
Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CrI`Y OF SOUTH MIAMI, FLORIDA, .`AUTHORIZING THE CITY
MANAGER TO DISBURSE $23,422.20 FROM ACCOUNT NUMBER 001-
• 1340 -513 -3450 TO USA SOFTWARE, INC. FOR THE 2006/07 POLICE
DEPARTMENT SOFTWARE SUPPORT AND MAINTENANCE;
PROViDING FORAN EFFECTIVE DATE_
Request: The Police Department is requesting the reite"w "al of this agreement with
USA Software, Ina. in the amount of $23,422.20 as itemlzed in the 2006/
07 budget in the Contractual Services Account 001- 1340 - 513 -3450.
ReasonINeed: USA Software, Inc. provides the South Miami Police Department with
records management software in addifiori fh�naintenance, updates &
upgrades of their software. The Police Departments software includes
crime analyst software, offense incident storage databases, mobile
field reporting, personnel and, false alarm tracking.. This contract
renewal will cover telephone and oneR6 support as well as any updates
and upgrades of the software during the;lenfh of the contract.
Cost $23,422.50
Funding Source: Contractual Services Account # 001- 1340- 513-3450
Beginning Balance; $ 50, 729.71
Request: '$ 23,422.20
Ending Balance: $ 27,307.51
Backup Documentation: Draft Resolution & Copy of Maintenance Agreement
Software Support and Maintenance Agreement
The following are the terms and conditions under which USA Software agrees to furnish and Customer
agrees to accept software support services forthe Licensed Program(s) listed on the attached Support
Schedule A
1. ELiGIBILITY REQUIREMENTS: Services under this Agreement are applicable only to Information
Management Systems Software purchased from USA Software commencing with Version 6.
11.. 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. 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 call" and will be available from 8:30 AM. until 4:30 P.M., Eastern Standard Time,
Mondays through Fridays (holidays b)b*ided), in the event any telephone support
requires an Inordinate amount of time (bverfive minutes on any one problem or call)
Customer will be responsible for the long distance telephone charges for such call(s).
b. Modem communication support wfid?b a'vaiiable. Customer must provide its own
compatible modem and will be respbnsibie for all tong distance telephone connect time
and charges. As an alternative to modem support, web -based support is also available.
Customer is responsible for all aspects oi"conffguring their site for communication
•'between USA Software and the'Custoiher site. This includes, but is not limited to, all
hardware, Internet access, firewall settings, and.server access settings.
c. On site visits either to the USA Softwa{`d'slte by Customer or to Customer's site by USA,
Software and services in addition to telephone service will be charged at the then current
tabor rates plus expenses. Customer will be informed in advance of incuriing any
charges. This service is provided ohly °to Customers within the continental United States
and Canada
d. DOES NOT INCLUDE: • '
a. Restoration of any software 'afid/ordale on Customer system due tc failure on
the part of Customer to adequately backup software and/or data.
b. After hours, weekend, and Nolida>♦ support which maybe contracted for
separately. '''c'' "'
m Maintenance of any Custortier systems other than the Licensed Product(s). This
includes, but is not limited to,tMZurity settings, hardware maintenance and
configuration, network co nfi 'uratloh, 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 1st6t0.ne6t accompanying this Agreement Fees are
payable to USX Software in Sroward C15uritf, :rlorida and are subject to change without
notice except for current agreements fof a'irraximum of 12 months or until expiration.date
whichever period is shorter.
3. Term: This Support Agreement shall be for a term of twelve (12) months as shown on the
invoice /statement accompanying this Agreement
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4_ Software Maintenance: USA Software Shall distribute to Customer updated Licensed
Program(s) and/or documentation as soon. ae'tfiey are commercially available. USA
Software shalt 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, wffb respect to the Customer's original
or current computer system(s), in ordarfor 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 mm rED 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 SOFTWAR•Ei INO.'SOFTWARE SUPPORT AND
MAINTENANCE AGREEMENT ARE EXCLUSIVE AND IN'LIEd OF ALL OTHERS,
ORAL OR WRITTEN, EXPRESS OR IMPLIED. USA SOFTWARE, INC, .ITS
DISTRIBUTORS, DEALERS ANDIM,AGENTS MAKE NO EXPRESS OR IMPLIED
WARRANTIES TO CUSTOMER WiTf{ KEGARD TO THIS AGREEMENT, THE
LICENSED PROGRAMS ANCi THE SERP%IOES 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 t'iR 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 UWLE FOR ANY LOSS OR PROFIT OR ANY
OTHER DAMAGES OF ANY KINd Y6ii7 i= STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF [AdiDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCi USIONS MAY NOT APPLY TO YOU. THIS
LIMITED WARRANY GIVES YOU S'P IFi LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VAilt -VROM STATE TO STATE.
2. USA Software will not be liable for any' it6 "` °" y' p
far ulxe-or, Beta in erformance due in whole or in part
to any cause beyond USA Software's re�sdot�ai�te`control. in no event shalt USA Software be
liable to Customer for any claim, whether`'in.cobbact or those that arose more than eighteen
months prior to institution of suit tfie'reof :.!
IV. GENERAL `t3
1. Customer may not assign any of Its oblifafioh '4; rights or remedies under this Agreement and
any such attempted assignment shall be hittf-and void.
•
2. The waiver or failure of either party to e i`r i.,
xercise m any respect any right provided for herein
shall not be deemed a waiver of any furthWrfght hereunder.
IIC: i. i. •••
3. Customer agrees that USA Software may; pe(fdfM such tests as USA Software shall deem
reasonably necessary to monitor oomplfdl&. q with applicable software licenses at any time,
with or without notice, during normal busineig,li curs.
4. That the Software License Agreement fi /,t iifiroducfs covered herein and the USA Software
Terms and Conditions of Sale are incof(btat4d 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 Agreerrisn[ shall govern.
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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
suit or action arising out of or in connection. *th this Agreement, the Licensed Programs or
any support or materials provided herevaith; or any other matter involving USA Software,
- including but not limitad'fcrresoission,'can arFsjshalt bniy "be "rnaiiifairied in 6`roward County,
Florida and Customer hereby, submits td•tlie jurisdiction of the courts in Broward County,
Florida for any such suit and Customer pareby. waives all rights to trial by jury.
6. Customer agrees that USA Software's ehgr¢.liabillty, if any, for any cause whatsoever arising
out of this Agreement shall not exceed lhge riiount Customer actually paid to USA Software
to purchase the support t.
7. This Agreement constitutes the entire and sole agreement of the parties hereto and
supersedes ail 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 hereln. This
Agreement may not be amended or modifred-bxcept in writing.
..., . a
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 fts'itra$onabte attorneys fees from the non - prevailing
paw'
Custoroern4a: 1 )/ ! ) t _ 17/ Mt. :
Signature:
Print Name:
S
%tephone:. /� r/�1' �GG.i -' G.� -r'"� Faz: t:s�•i�d,!`"�'G•G�.3 -- / �3�'
Date: /Y /�i b d"`-
Not effective until accepted by an auiborrzed representative of USA Software
Accepted by USA Software on the _ day or L. 20
gy.
Authorized USA Software Signatory
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SUPPORT SCH9DULEA
This Support schedule outlines the software (Licensed Programs ) to be tn_clu_ded wit4 the USA
Software Supp'ort'an'd Mafi}t�iiance:4greemenf provided fo Customer
item #
Software name
Quantity
1 Crimel'i1sO2000 Records Management System 1
2 C4DFYe ®2000 Computer Aided Dispafch 1
3 PhotoFfle 20000 Mugshot Management System q
4 EvidenceFife02000 Evfdeirce Management System 9
5 Mobilerfle 20000 eForms Fleld Reporting System t
s PAKmtooMM 4 usasomrmc me ai�
Page 1 of 1
Reyes, Gremaf
From: Maya, Christian
Sent: Friday, Deoember 29, 2006 10:01 AM
To: Reyes, Gremaf
Cc: Landis, Vincent
Subject: USA Payment
Gremaf
After further discussion with the chief, It has been decided that we will submit payment to USA. I have placed the
invoice on your desk for payment processing.
Regards,
Christian
RECEIVED
FINANCE DEPT.
1/3/2007
South 1wami
s
u
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
�astia INTER- OFFICE MEMORANDUM 2001
TO, Honorable Mayor, Vice Mayor Date: November 15, 2005
and City Commission
Ocr>rn: Marra V_ Davis '�C� Agenda Item
City Manager Re Renewal of Pblice .Department
Software . Support and Maintenance
Acrreemenf
?�flLi3TIOI�€:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE
SUM OF $22,758 FROM ACCOUNT NUMBER 001.1340.513.3450 TO USA
SOFTWARE, INC_ FOR THE RENEWAL OF THE 2005106 SUPPORT/MAINTENANCE
AGREEMENT FOR THE POLICE DEPARTMENTS COMPUTER SOFTWARE;
PROVIDING FOR AN.EFFECTIVE DATE.
BACKGROUND &. ANALYSIS
USA Software, Inc. provides the South Miami Police Department with records
management software in addition to maintenance, updates and upgrades of their
software. The Police Deparimenf's software includes crime analyst software, offense
incident storage databases, mobile field reporting, personnel and false alarm tracking.
This contract renewal will cover telephone and onsiie technical software support as well
as any updates and upgrades of the software during the length of the contract.
The Police Department Is requesting the renewal of this agreement with USA Software,
Inc. in the amount of $?2,758.00 as itemized in the 2005/M budget in the Contractual
Services Account number 001.1340.513.3450 as follows.
Current Balance
$121,991.00
This Purchase
22,?58�00
New Balance
T99,233.00
RECOMMENDATION:
We recommend that the City Manager be authorized to disburse $22,758.00 to USA
Software, Inc. for the annual supportlmaintenarice agreement for the Police Department
computer software.
RF
S0LUTJ[0N N0 . .146-05-12125
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAME, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF M758 FROM ACCOUNT
N67bS R 001- 1340 -$13 -3450 TO USA. SOI T 4 ARN, INC. FOR THE
RENEWAL OF THE 2005/06 SUPPORT /iViAINTENANCE AGREEMENT
FOR THE POLICE DEPARTMENT'S COMPUTER 90I"I'WAIR'tE,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, USA Software, Inc. is the manufacturer and supplier of the Police
Department's records management software, and
WHEREAS, USA Software, Inc. will provide maintenance and technical support for
their CrlmeFrle 2000, MobileFile 2000, CADFile 2000, PhoioFile 2000 and EvltdenceFile 2000
software products; and
WI#EPEAS, USA Software, Inc. will provide product updates and upgrades at no
additional charge to the City; and
WHEREAS, the maintenance and operation of this software is critical to the operation of `
the Police Oepartmenty and funding has been provided in the FY 2005/06 operating budget.
NOW, THEREFORE, BE IT RESOLVER BY THE MAYOR AND CITY
COMMISSION OFTHE CITY OF SOUTH MIAMI, FLORIDA:
Sets on 11. That the City Manager be, and hereby is authorized to disburse the sum of
$22,758.00 to USA Software, Inc. for the renewal of the Annual Software Support Agreement.
ect'on 2. That the disbursement be charged to account number 001 -1340 -513 -3450
that has a current balance of $121,991.00.
Section 33. That this resolution shall . be effective immediately upon adoption.
PASSED AND ADOPTED d. /� 00
. _YIW
r t'
• a --j"
COMMISSION VOTE: 4 -0
MayorRussell: out
Vice Mayor Palmer. Yea
Commissioner Wiscombe: Yea
CammissionerBbts- Cooper: Yea
Commissioner Sberar: Yea
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room
Nov 62 05 1O.4sa USA sartware, Inc. 954- 491 -2641 p.2
• �mam.
WEENMANEB
Spffivare Sapport and Maintenance Rgroement
The following are tine terms and conditions under wh tch USA Software re
ages to furnish and Customer
agrees to aa^t pt Software support services for the Licensed pragram(s) listed on the attached Support
Schedule A.
1. FJ.IC746fLtTV REQUIM MENTS: Services under this Agreement are applicable only to Inforrrmation
Malrggame It Systems Software purchased from USA Software commencing.vrrgr Version 6,
If. MR—MS & CONDITIONS: At the time Customer licenses Licensed Programs(s) from USA software,
A mayalso purchase suppattsarvfoes for the Licensed program($). All such serviceashait be upon
th ,,following terms and condifions:
t, Support USA Software Will provide the,faRowing support:
a. Telephone support service to Customer for the purpose of assisting Customer with the
appiketbn of the Licensed Prggram(s). Telephone Support Service is defined as
"answering questions requiting a nominal amount of time, usually during the same late-
phone call' and will be available from &so A.M. until 4 :80 P-M., Eastern Standard Time,
Mondays through Fridays (holidays bxcfuded). In the event any telephone support
requires an hiord'rnate amount of time (overtivs minutes on any one problem or of)
Customer will be responsibla for the long distance telephone charges for such calt(s).
b. Modem comrsmunica@on support when a'vatiabia. Customer must provide its own
compatible modem and will be rasponsibha for all long distance telephone connect time
and oha ges As an alternative to modem support, web -based support is also avathabla.
Customer is responsible for sitaspecfs of'bonfiguring their sill for communication
between USA Software and the Customer site. This includes, but is not limited fo,, ail'
hardware, Hemet access, firewall settings, and server access settings-
r- On site visits eitherto The USA SoWbWalte by Customer or to Customer's site by USA
software and services in addition tn'tole¢ hone service Will be charged at the then current
tabor rates plus expenses. Customerwill be informed In advance of incurring any
charges. This service is provided only to Customers within the continental United Statas
and Canada.
d. Does NOT MCLUDe
a. RestoratJon pf any sottwareaisd/oi data on Customer system due to failure on
the part of Customer to adequately backup software and/or data,
b. After hours, weekend; and "ifolfdap'support which may be contracted for
separately.
c. Maintenance of any Customgsyslems DOW than the Licensed Product(s). This
includes, but is not llmited to;'securtly settings, hardware maintenance and
oonffguragon, networkconfigdmGon, eta
2. Fees: Customershall pay to USA Software an annual support fee In advance in the amount
set forth In the USA Software Involoe/5tatimefit accompanying this Agreement Fees are
payable to USA Sottwwa in groward Codfffy ;Ffonda and are subject to change without
notice Mapt for current agreements for a'maxxnum of 12 months or until expiration date
whichever period is shorter.
3. Term: This Support Agreement shall be for a term of twelve (12) months as shown on the
invoicolstatement accornpanying this Agreement
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Nov 02 OS 10:49a USrr Software, Inc. 954 -4at -2641
4, SoflwareMaintenence- USASoftwareshaildistributeto Customer Updated Licensed
Program(sj and /at documentation as soon as they are commercially avagable.' USA
Software shat distribute to Customer any new verstonss, upgrades and /orother
enhancements td the Incensed Programs) which are released, in USA Software's sole
discretion, during the malntananoe tarn. Customer acknowledges that certain new versions,
upgrades and/or other enhancements to g a Licensed
Program(s) may require egher
additional software, hardware orhardwara updates, with respect to the Customer's original
'or current campuker systam(s}, to orde{for the Licensed pmgram(s) to function and/or to
allow Customarlo gain the fait benefiEs oYsaid new versions, upgrades and/or other
enhancements to the Licensed Pmg am(s}. All costs and responsibilities for such new or
additional software and/or hardware shalt be borne solely by Customer.
Ill. WARRANTY AND LI I ATION OF 1 FnBILRY'
9. EXCEPT AS STATED IN THE APPLICABLE LICENSE AGREEMENT, THERE ARE No
EXPRESS OR IMPLIED WARRANTIES RESFECTING THE LICENSED PROGRAMS,
THIS AGREEMENTAND THE SERVICES AND MATERIALS PROVIDED
HEREUNDER, INCLUDING BUT NoTmmtTED TO THE IMPLIED WARRANT /ES OF
MERCHANTABIt. 1TYANDFIINESSFORAPARTICULARPURPOM THE
WARRANTIES AND REMEDIES SEA' FORTH IN THE APPLICABLE LICENSE
AGREEMENTAND USA SOFTftRE, 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 ANDIOR AGENTS MAKE NO EXPRESS OR IMPLIED
WARRANTIES TO CUS'T'OMER WITH REGARD TO THIS AGREEMENT, THE
LICENSED PROGRAMS AND THE SERVIOES AND MATERIALS PROVIDED
THEREWITH, INCLUDING mr:RCFFANTABILITY, FITNESS FOR ANY PURPOSE OR
PROPRIETARY RIGHTS OF OTHEII& 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, WC. BE LIABLE FOR ANY LOSS OR PROFIT OR ANY
OTHER DAMAGES OF ANY KIND-`SOME STATES 00 NOT ALLOW THE
EXCLUSION OR LIMMATION OF Itt 6115ENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXU'UtIONS MAY NOT APPLY TO YOU. THIS
LIMITED WARRANYGIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VAR* FROM STATE To STATE
2 USA Softwera will not be liable for any 1§&415edelay in performance due in whole or in part
to any cause beyond USA Software's reas6tiA66- contr6l.. in no event shall USA Software be
months CUstomar For any claim, whether:?n 66htract or those that arose more than eighteen
prior to insfiluton of suit tliereoh.
IV. GENERAL
1. Customer may not assign any of ifs obgg dohs; rights or remedies under this Agreement and
any such attempted assignment shag be 69 'nd void.
2 The waiver or failure of other party to execfse-in any respect any right provided for herein
shall not be deemed a waiver of any turthg'r right hereunder.
3. Customer agrees that USA Software may }ie[fdrm such Pests as USA Software shalt deem
reasonably necessary to monitor �mptiaricce,lyifh applicable software licenses at arty time,
with or without notice, during nomral busidess•huurs.
4. That the Software License Agreement f5?ih4Mducts covered herein and the USA Software
Terms and Conditions of Sale are incorp6ratdd herein by reference and made apart hereof.
That if any term Df this agreement and 'the applicable License Agreement are inconsistent or
contrary the applicable License Agreement shalt govern.
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Nov 62 05 IM 449.a usa Software, inn. 954- 431 -2641 p.4
5. This Agraementsbali be deemed made 4 t
an on areo shall be governed by the laws of the State of Fioddat Customer grees the venue for arty
suit or, action arising out of or in connecpop.tvdh this Agreement the Licensed Programs or
any support or materials provided hereivifh; or any other matter involving USA Software,
including but not limited to rescission, can •ptrd shall only be rrrafnIdned in Broward County,
Florida and Cusfpmer hereby submits tci Q jurisdiction of the courts in Broward Count',
Florida for atty such suit and Customeg� 41* waives all rights to trial by jury.
6. Cusfrnmer agrees thai USA Software's eptire.l'rabiiity, if any, for any cause whatsoever ar sing
outof this Agreement shah notexeeed tha:a
to purchase the support irraun# Customer aIXUaity paid to USA Software
7. This Agreement oons%fes the entire and sole agreementof the parties hereto and
supersedes all pdor agraemarrfs,'urrderstandings, oral nrwniten, expressed or impilad, 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•excapt in writing.
8. in the event any Gfigaiion is instituted byeither party under or as a resultof this Agreement,
the prevailing party shall be entitled in its-reasonable attomays fees from the n
party an- prevailing
Accepfed and agro ad to:
Crrstomernanre: :�.. -.e .
I
Sfgnatrirer �
PrirttManra: :,, ..
StreetAddrew:
CftylSfatelGp:
Telephone:. Fak:F .�`r.•.: .
bate:
Not effective anti# aceaefed by an autharized rog.Maufative of USA Saftwara
Accapted by USA Sa €ft9are on the day of. pp
Z wr'aed USA So€Sware Signatory
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Nov 02 IIS 1014ea USA Software, Ina. SS4 ^431 - '..,'541
SUPPORT SCHEDULE A
Thfs Support Schedule Outlines th0 software rLtc'ensed Programs) to be indluded with the USA
Sof #ware Suppprdand MaFnfGnanca kgraemaOtRroydad Pa Customer.
item_# Software name
7 CrIMOM292000 Records Marta
gamarri System
2 CADF"fe®2000ComputerAlded pispafail
3 PhotoRlle 20oD0 Mdgshof wzaagement system
EvfdanceFlle® 2000 Evidehae Nfanagemeat system
5 Mobflel ife 2000!9 efbrms Flatd Reporfig System
1..
i,
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September23,2005
SOT MNHAW POLME DEPARTIvENT
6130 SMSET DRIVE
SOWAN11 FL 33143
OrdeirDats Terms Ordered Ea
0912312005 NET 30 , S EDNEY
Purebam Orderft
VERBAL
InvoieeNumber:
301432
DETAIL# MODMJO Io MO)3TJf.E QUANTTIP PRICE EXTENSION
I 53 Suppart Cnntrad- Renewal I 22,758.06 22,758.00
Total i 2x,758.00
PIease refer to the above Invoice Mmaber to receive proper eredit for payment. Remit an payments) to.-
U- SA Software, Inc.
9900 Stir&gRo2 d, Smite 301
Cooper City, Norida 33024
(954) 436 -3911
I