Res. No. 197-08-12794WHEREAS, 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, 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 • THE CITY • 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 thisZnd day of December 2008.
APPROVED:
T ST, Avv
CI -I Y CLERK MAYOR
W
1 0 sm i �Iwll W M
yRE_AD-AND—APPRQVE O FORM: Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Palmer: Yea
Luis Rjig66redo, Commissioner Beckman: Yea
Nagrn�Gallop Figueredo, P.A.
Office of City Attorney
To: The Honorable Mayor and Members of the Commission
Via: W. Ajibola Balogun, City Manager
From: Gremaf Reyes, MIS Manage4g\_/ Agenda Item No.:
Date: December 2, 2008
Subject: Renewal of Police Department Software Support and 14ainteuanm
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 2008/2009 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.
lackup Documents: Draft resolution
Copy of Maintenance Agreement.
Previous resolution
October 28, 2008
MTTA:'! ! !
SOUTH MIAMI POLICE DEPARTMENT
6130 SUNSET DRIVE
SO MIAMI FL 33143
Order Date Terms Ordered By Purchase Order#
Invoice Number: 302057
10/28/2008 NET 30 G. Reyes Verbal
DETAIIL# MODULE —11) MODULE QUANTITY PRICE EXTENSION
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
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 toInformation
Management Systems Software purchased from USA Software commencing with Version 6.
TERMS & CONDITIONS: At the time Customer licenses Licensed Pmgnamo(s) from USA Software,
it may also purchase support services for the Licensed Pnzgnam(s). All such services shall beupon
the following terms and conditions:
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 Pnognam(a). Telephone Support Service ie defined ae
nanswering 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
| (ho|idoynex�|uded)��xhanded.24hour.7dayperxv�eKcovenage(2�x7eupporb|ea|ao
� ` ' ` '
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
i
problem orcaU\(�uotomar may ba responsible for the long distance telephone charges
| for such call(s).
'
b. Web-based support ia provided where available. Aaan 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, intarnat access, finavvmU settings, and server access settings. Customer-
provided copyofGoToK8yPcrnayberequired.
cOn 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 Gtabao
and Canada.
ci DOES NOT INCLUDE:
o. 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 epyvvero/edvvare related issues.
b. After hours, weekend, and holiday support which may be contracted for
separately.
o. 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 iashorter.
3. Term: This Support Agreement shall ba for a term of twelve (12) months me shown onthe
invoice/statement accompanying this Agreement.
Copyright 01995-2008 by USA Software, Inc. All Rights Reserved.
4. 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 Prognamn(e). All costs and responsibilities for such new or
additional software and/or hardware shall be borne solely bvCustomer.
2. USA Software will not beliable for any failure or delay in performance due in whole orinpart
to any cause beyond USA Software's reasonable control. |nno event shall USA Software b$
liable to Customer for any claim, whether in contract or those that arose more than eighteen
months prior to institution of suit thereon.
N! GENERAL
1. Customer may not assign onyofds 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 tu 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.
Copyright 01995-2008 by USA Software, Inc, All Rights Reserved.
5. This Agreement shall be deemed made and entered into in Broward County, Florida and
shall be governed bv the laws of the State ofFlorida. Customer agrees that venue for any
suit or action arising out of or in connection with this Agreement, the Licensed Programs or
any support ormaterials provided henavvith, or any other matter involving USA Software,
including but not limited to rescission, can and shall only be maintained in Bnmxard CnVntv,
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.
8. 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 bz 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 inwriting.
& In the event any litigation is instituted by either party under or asaresult of this Agreement,
the prevailing party shall be entitled tu its reasonable attorneys fees from the non-prevailing
Accepted and agreed to: i
Customer name: South Miami Pofice Department
Print Name:
Street
Not effective until accepted by an authorized representative of USA Software.
F 111711111111111
Authorized USA Software Signatoty
Copyright 01995-2008 by USA Software, lnr, All Rights Reserved.
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 Quantit
Copyright 01995-2008 by USA Software, Inc. All Rights Reserved.
RESOLUTION NO.: 0 8 — 0 7 —12 3 • 3
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MLkW 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 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
CrhneFile 2000, MoblieFile 2000, CADFile 2000, PhotoFile 2000 and EvidenceFile 2000 software
products; and
WHEREAS, USA Software, Inc. will provide product updates and -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 2006107 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 $50,729.71 before this request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY • SOUTH MIAMI, 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 C'ay Of 2007.
AT
th'Y CLERK
M111
Commission
4-0
Mayor Feliu:VV
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer.
absent
Commissioner Birts: '
Yea
Commissioner Beckman:
Yea
MIMI 1INTAIMIPIT
f 2.1 r,
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGE -K
INTER-OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Mem'bers of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Vincent Landis, Chief of Police
Date: January 23, 2007 Agenda Item
Subject: Renewal of Police Department Software Support and Maintenance
Agreement
Resolution: A RESOLUTION OF THE MAYOR AND CITY COX%ffSS10N OF THE
CITY OF SOUTH MIAMI, FLORIDA, ',AVTHORIZINCT THE CITY
MANAGER TO DISBURSE $23,422.20 FROM ACCOUNT NUMBER 001 -
1340 -513 -3450 TO USA SOFTWARE, INC. FOR THE 2006107 POLICE
DEPARTMENT SOFTWARE 'SUPPORT AND MAINTENANCE;
PROVIDING FOR AN EFFECTIVE DATE
Request: 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 20061
07 budget in the Contractual Services Account 001 -1340- 513 -3450.
Reason/Need: 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, offensie incident storage databases, mobile
field reporting, personnel and. false alarm tracking. This contract
renewal will cover telephone and ons . it6 'support as well as any updates
and upgrades of the software during the'leingth 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
am REffimmly sum
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 hoInformation
Management Systems Software purchased from USA Software commencing With Version G.
U. /# the time Customer licenses Licensed
�m����r�a� i�t�U������m�' All such ' shall beupon
the following terms and conditions:
i. Suppo tUSA -SofbmarewiKpnovideUhe -fdlovvingmupport
o. Telephone support service to Customer for the purpose of assisting Gustomer with the
application mftilla Licensed Prognam(s)_ Telephone Support Service is defined as
''anovveUnQqueetionerequihnganorniha|ennountoftinne,uamsUyduhnQthesornetele-
phone call" and will be available from 8:30 A-KV. until 4:30 Fz.K8.. Eastern Standard 7lnne,
Mondays through Fridays (holidays bkdudod).|n the event any telephone support
rmquinananinordinstaarnountoftinne(overfiverninoteuononyonmpnmb|ernmroaU)
Customer will be responsible for the long distance telephone charges for such call(s),
b. Modem communication mh eirb;#Vailable. Customer must provide its own
compatible modem and will be respbfisible for all long distance telephone connect time
and charges. As an alternative to modem support, ^. also available.
Customer /s responsible all aspects -or*znrgunng their site for communication
beb^eenU8A8ofbwareandthoCootbffi&aite'Thisinc)odes.but}mnotUnnitedto'aU
hardware, internet access, firewall settings, and. server access settings.
c On site visits either ho the USA by Customer orfo Customer's site bvUSA
Gofbmeneand senjcesinodd�onto�ek6ihoqeserv� U
em�beche gedetthetha'cuna.
labor rates plus expenses. Custonier)wU|be informed }n advance ofincurinnQany
charges. This service is provided bhly�to Customers Within the continental United States
and Canada.
'^
d. DOES NOT INCLUDE:
a. Restoration uf any software WHdWd�ataon Customer system dueto.haOunaon
the part ofCustomer to adequately backup software and/or data.
b' After hours, weekend, o�dHbUdaY"aupport which may beoontnjctedfor
separately.
c� Maintenance of any C This
includes, but is not limited to,r security settings, hardware maintenance and
configuration, network confi�dratioh, etc.
2. Fees: Customer shall pay to USA Software l support fee hn advance in the nt
set forth in the USA Software ihvoice/st6t6t , n6h"t accompanying this Agreement. Fees are
payable to USN Software in Broward Cbu'rity,'Floridla and are subject to change without
notice except for current agreements flot b'hiaximum 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 os shown onthe
invoice/statement accompanying this AduaemenL
` ^
4- Software Maintenance: USA Software shat] -distribute to Customer updated Licensed
Program(s) and/or documentation as soon. asJhey 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 benefit& of said new versions, upgrades andlor other
enhancements to the Licensed Progmm(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 FITNES8. FOR A PARTICULAR PURPOSE. THE
WARRANTIES AND REMEDIES SET FORTH IN THE APPLICABLE LICENSE
AGREEMENT AND USA SOFTWAR8$- ING.'SOFTWARE SUPPORT AND
MAINTENANCE AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS,
ORAL OR WRITTEN, EXPRESS 014 IMPLIED. USA SOFTWARE, INC., ITS
DISTRIBUTORS, DEALERS AND101 ,AGENTS MAKE NO EXPRESS OR IMPLIED
WARRANTIES TO CUSTOMER WIT14 REGARD TO THIS AGREEMENT, THE
LICENSED PROGRAMS AND THE `SERVICES AND MATERIALS PROVIDED
THEREWITH, INCLUDING MERCHANTABILITY, FITNESS FOR ANY PURPOSE OR
PROPRIETARY RIGHTS OF OTHEkS-.2VEITHER OF THEM SHALL HAVE ANY
LIABILITY OR RESPONSIBILITY TO CUSTOMER FOR DAMAGES OF ANY KIND,
INCLUDING SPECIAL INDIRECT dR CONSEQUENTIAL DAMAGE, ARISING OUT OF
OR RESULTING FROM THIS AGR " LtM&T, THE LICENSED PROGRAMS, OR THE
SERVICES OR MATERIALS MADE ! VAILABLE HEREUNDER. IN NO EVENT
,SHALL USA SOFTWARE, INC. BE Q:k-61LE FOR ANY LOSS OR PROFIT OR ANY
OTHER DAMAGES OF ANY KINd.*"96M`E STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF fACIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR b(6LuSIONS MAY NOT APPLY TO YOU. THIS
LIMITED WARRANY GIVES YOU SPE"CIFIt•LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY 'FROM STATE TO STATE.
2. USA Software will not be liable for any fa'6I6_AebCdelay in Performance -due in whole or in part
to any cause beyond USA Software's re �Iie`cOntrol.' In no event shall USA Software be
liable to Customer for any claim, whether" inc:6h'tract or those that arose more than eighteen
months prior to institution of suit thdlre'o`%:'. —
IV. GENERAL `U
1. Customer may not assign any of it's rights or remedies under this Agreement and
any such attempted assignment shall b 6" nu'1f"a'_hd void.
2. The waiver or failure of either party to evJase- in any respect any right provided for herein
shall not be deemed a waiver of any furt.h-er'rjght hereunder.
3. Customer agrees that USA Software may - p"eribrm such tests as USA Software shall deem
reasonably necessary to monitor complijh&e:With applicable software licenses at any time,
i -
with or without notice, during normal bLf.§ nes's-hburs.
4. That the Software License Agreement' fo-Fthe'products covered herein and the USA Software
I . - -
Terms ' and Conditions of Sale are incorpo'Jrat6d herein by reference and made a part hereof.
That if any term of this agreement and th6 applicable License Agreement are inconsistent or
contrary the applicable License Agreen.ieiis,hall govern.
C.pyMht 01995-1003 by USA Soltware� Inc A!(Rights Reserved.
5. This Agreement shall be deemed made �Ind_ entered into inBruvvurd County, Florida and
shall be governed by the laws cf the State ofFlorida. Customer agrees that venue for any
� ec�m arising out �
-- - - ''=~- ~ ~~^^~: or
-'
including but not xnnoeo-oz resum m�
= ca :and n�v�n1�oun\
o hRo��a���m�he�byoubm��t� nofthe courts inBmward
County, '
Florida for any such suit and Customer. Jhe;O�y waives all rights to trial by jury.
G. Customer agrees that USA Software's h 6 �anKf� any ssm�w�h��� '
out cfthis AgreementshaUnotexceedth'arh [unton�eractually pa�to USA ----=
bo purchase the support
Software
7. This Agreement constitutes theentirea"'^' agreement of the parties hereto and
supersedes all prior agreements, understandings, ona or written, expressed or implied, with
respect tm the subject matter hereof. There are no contemporaneous oral agreements orun-
derotandingsbebweehtheparbeaotherthenthnaeconbsinedorincorporatehera|n. This
Agreement may not be amended ormodified'bxuaptimwriting.
. .^�. ./
8. |n the event any ��a�oniy|nsfUu��d " sa result of this Agreement,
the prevailing party shall be entitled to lt�1-6asonable attomeys fees from the non-prevailing
party.
Aooeptndood
Customer
Signature:
/rIn AanTa: 49
. '
Date:
�
Not effective until accepted by an authorimed representative of USA Software.
_
Accepted hy USA Software on the day 20__�
�
^`
Authorized USA Software Signatory
�'
SUPPORT SCHEDULE A
This Support Schedule outlines the software (LIcensted Programs) to be included With the USA_
Software Supprortand Mal Jr766AgF(Wrfienf provided to Customer.
item #
Software name
I CrImeFIIe0 2600 Records Management System
2 CADFYe02000 Computer Aided Dispatch
3 PhotoFfle 20000 Mugshot Management Systern
4 EvidenceFffeo 2000 kvjdej7c'6 Management System
5 MoblIeFfle 20000 eForms Field Reporting System
Copyright 0100 &2003 by USA 15.11,ve . Im. All Rights Rase .d,
Quantity
Page lnf1
Gre00af
From: Moya, Christian
Sent: Friday December 29, 2006 10:01AM
To: Reyes, Gremaf
Cn: Landis, Vincent
subject. USA Payment
Eromef
After further discussion with the chief, it has been decided that vwe will submit payment toUSA. I have placed the
invoice on your desk for payment processing.
Regards,
Christian
rRECEIVED
JAN'O- -33 2007
FINANCE DEPT._,
MIT 73T. NT
To: Honorable Mayor, Vim Mayor Date: November 15, 2005
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 Departmenfs 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 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 $22,758.00 as itemized in the 2005106 budget in the Contractual
Services Account number 001,1340.513.3450 as follows:
Current Balance $121,991.00
This Purchase 22,758.00
New Balance $ 99,233.00
We recommend that the City Manager be authorized to disburse $22,758.00 to USA
Software, Inc. for the annual support(maintenarIce agreement for the Police Department
computer software.
RF,SOLMONNO. 145 -05-12125
WHEREAS, USA Software, Inc. is the manufacturer and supplier of the Police
Department's records management software; and
VMEREAS, USA Software, Inc. will provide maintenance and technical support for
their CilmeFile 2000, MobileFik 2000, CADFiIe 2000, PhofoFile 2000 and EvidenceFilc 2000
software products; and
WHEREAS, USA Software, Inc. will provide product updates and upgrades at no
additional charge to the City, and
VVB I EREAS, the maintenance and operation ofthis software is critical to the operation of
the Police Department, and funding has been provided in the FY 2005/06 operating budget.
1410NIFUITAILIVII i -0101061 9 W&6) UNKIM81 V ; I I OR i• I Al I a Phill
Section 1. 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.
Section 2ti That the disbursement be charged to account number 001-1340-513-3450
that has a current balance of $121,991.00.
Section 3. That this resolution shall be effective immediately upon adoption-
PASSED AND ADOPTED this dayof-&—te,,�, '2001.1
ATTEST:
'Y CLERK.
CrF?'XTTORNEY
IT1,41WO
COMMISSION VOTE:
Mayor Russell: out
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper:
Commissioner Sherar.-
Momments and SetCmgstAr ckelMy DocunientsMord Docummts\ResoltrfionPoliceSoRwareMaintcloo
Yea
Yea
Yea
Yea
Nov 02 05 10:49a USA Sortmare, Inc. 954-431-?-641 p.2
Egaff
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.
ELIGI131LITY 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). -611 such services.rhall be upon
the.fbilowing terms and conditions.*
I. Smart 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., Eastern Standard Time,
Mondays through Fridays (holidays bxcluded). In the event any telephone support
requires an Inordinate amount of time (over five minutes on any one problem or call)
Customer will be responsible for the long distance telephone charges for such calf(s).
b. Modem communication support where;Yvaffabla. Customer must provide its own
compatible modem and will be responsible for all long distance telephone connect time
and charges. As an alternative to modem support web -based support is also available.
Customer is responsible for all, aspe6ts of-bDnfiguring their site for comMunicallon
between USA Software and the Custom&r site. This includes, but is not limited to, all,
hardware, internet access, firewall settings, and server access settings_
e. On site visits either to the USA Soff0drei-sile by Customer or to Customer's site by USA
Software and services in addition t01E*110ne 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: I — -
a_ Restoration of any software -*&idlot data on Customer system due to failure On
the part of Customer to adequately backup software and/or data,
b- After hours, weekend, "and-HbAdWsupport which may be contracted for
separately.
0. 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 confiqii)ra Boil'. etc.
2. Fees., Customer shall Pay to USA Software an annual support fee in advance in the amount
set forth in the USA Software invoicelstat6mETt accompanying this Agreement Fees are
payable to USA Software in Broward Codrity, -Flo6da 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.
1 Tenn: This Support Agreement shall be for a term of twelve (12) months as shown on the
invoice/statement accompanying this Agreement.
0-PY11#101054 W3 by UrA k. An
Nov 02 05 10:4Sa USR Software, Inc. 954-431-2641 1a.3
4. Software Maintenance--USA Software shall distribute to Customer updated Licensed
Program(s) and/or documentation as soon as they are CE)rnmercially 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 tha Licensed Program(s) may require either
additional software, hardware or hardware updates, with respect to the Customers original
or current computer system(s), in order"for the Licensed Program(s) to function and/or to
allow Customer to gain the fall benefits ol'said new versions, upgrades and/or other
enhancements to the Licensed Program(s). All costs and responsibilities for such new or
additional software aindlor hardware shall be borne solely by Customer.
Ill. WARRANTY AND LIMITATION OF LIABILITY:
1: EXCEPT AS STATED '1h -ME WPLICABLE LICENSE AGREEMENT, THERE ARE NO
EXPRESS 09 IMPLIED WARRANTIES RtSPEC'TIN TING LICENSED PROGRAMS,
THIS AGREEMENT AND THE SERVICES AND MATERIALS PROVIDED
HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS-FORA PARTICULAR PURPOSE- THE
WARRANTIES AND REMEDIES SET FORT" IN THE APPLICABLE LICENSE
AGREEMENT AND USA SOFTWARE, INC. soFmARE SUPPORT AND
MAINTENANCE AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS,
OPAL 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 rWATER)!ALS PROVIDED
THEREWITH, INCLUDING MERCIRANTABILWY, FITNESS FOR ANY IvURPOSE OR
PROPRIETARY RIGHTS OF OTHEIIS: 'NEITHER OF THEM SHALL HAVE ANY
LIABILITY OR RESPONSIBILITY To CUSTOMER FOR DAMAGES OF ANY KIND,
INCLUDING SPECIAL INDIRECT dR CONSEQUENTIAL DAMAGE, ARISING OUT OF
OR RESULTING FROM THIS AGREEMENT, THE LICENSED PROGRAMS, OR THE
SERVICES OR MATERIALS MADE -iVA11-ARLE HEREUNDER- IN NO EVENT
SHALL USA SOFTWARE, INC- 13E L[AdLE FOR ANY LOSS OR PROFIT OR ANY
OTHER DAMAGES OF ANY KIND.- `§OME STATES DO NOT ALLOW THE -
EXCLUSION OR LIMITATION OF IN'610-ENT-AL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR 6idL'_UtIONS MAY NOT APPLY To YOU. THIS
LIMITED WARRANY GIVES YOU SkCiFiC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY, FROM STATE TO STATE.
2. USA Software will not be liable for any MB&gur delay in Performance due in whole or in part
to any cause beyond USA SoftwaWs In no event shall USA Software be
liable to Customer for any claim, wfiethef,'In°66ntracf or those that arose more than eighteen
months prior to institution of suit ffi4reon'.`.':'
IV. GENERAL
I. Customer may not assign any of its oblldAon rights or remedies under this Agreement and
any such attempted assignment shall b6 61f-5nd void,
2. The waiver orfailure of either party to exeiiise•n any respect any right provided for he . rein
shall not be deemed a waiver of any furthat right hereunder.
1 Customer agrees that USA Software mat? such tests as USA Software shall deem
reasonably necessary to monitor comptiarice -With applicable software licenses at any time,
with or without notice, during normal busidesi•hours.
4. That the Software License Agreement f6ilhe'Oroducts covered herein and the USA Software
Terms and Conditions of Sale are incorp6ratdd herein by reference and made a part hereof
That if any term of this agreement and'th6 applicable License Agreement are inconsistent or
contrary the applicable License Agreeniarij shall govern.
Nov 02 05 10:49a USA Software, Inc. 954-431-2641 P'4
5. This Agreement Shall be deemed made and into in l3roward County,
shall be governed by the la * Florida and
ws of the State of Florida. Customer agrees that venue for any
Suit or action arising Out Of Or in cOnneCtiori with this Agreement, the Licensed Programs or
any support or materials provided her6-W'ifh;-or any other matter involving USA Software,
including but not limited to rescission, can •PM.Phall c)niy be maintained in froward County,
Florida and Customer hereby submits tc thts jurisdiction of the courts in Broward County,
Florida for any such suit and Customer.t ert�by waives ail rights to trial by jury.
S. Customer agrees that USA Software's eptire- liability, if any, for any cause whatsoever arising
out of this Agreement shall not exceed !he:amount Customer actually paid to USA Software
to purchase the support.
7. This Agreement constitutes the entire an'd's*o'le 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 N-reasonable attorneys fees from the non-prevailing
party-
Accepted and agreed to:
Customer narne.-
Signature:
Print Name:
Street Address:
citylstatemp:
Data:
Not effective untij accepted by an authorized M'Presenta L;V_e0f,USA Softwara.
Accepted by USA Software on the_ day of
A t—hor ed USA Soffavara SPgnafory
C-PftlA 011M�2W3 by, MA 5o0- Inc.
Nov 02 05 10:49a USA Software, Inc. S54-431-2!U41 P.5
SUPPORT SCHEDULE A
ThIs SUPP<Vt Schedule outlines the software AiCensOld Programs) to be included with the USA
software Support and Maintenance AgraGrn ert provided to Customer.
Item Software name
Qum
CdmeF11a020D0 Recondv Man4goment System
CADFife(g 217400 C0MPuterA1dedD!spafch
Phot bFile 20DOO ffugshot Management system
Evid-enCeFiffeO 2000 Evidehca Management System
5 MObf/eFirle 20000 eForms Field Reporting System
AMP
September 23, 2005
SOUTH NffAAff POLICE DEPARTINIENT
6130 SUNSET DRIVE
SO hffAAff FL 33143
Order Date Terms Ordered B
09/23/2005 NET 30. B.EDNEY
Ptirchnge Orderg
VERBAL
DETAIL9 MODULE 11} MODULE QUANTITY PRICE EXTENSION
1 53 Support Contract - Renewal 1 22,758.00. 22,758.00
Total 22,75-0.00
Please refer to the above Invoice Number to receive proper credit for paymen-L Remit all payments '00:
USA Software, Inc.
9900 Stirling Road, Suite 301
Cooper City, Florida 33024
(954) 436-3911
Invoice Number.
301432