Res. No. 002-03-11551RESOLUTION NO.2-03-11551
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $8,201.00 FROM ACCOUNT
NUMBER 01-1910-521-3450 TO AETHER SYSTEMS INC.,FOR THE
RENEWAL OF THE 2002 SUPPORT/MAINTENANCE AGREEMENT
FOR THE POLICE DEPARTMENT.
WHEREAS,AetherSystemInc.,isthemanufactureandprovider of thePolice
Department's PacketClusterMobileandPacketClusterServerSoftware.ThePacketCluster
software allowsforpoliceofficerswithaccesstotheFloridaCrime Information Center (FCIC)
and National Crime Information Center (NCIC).
WHEREAS,Aethers System Inc.,will providemaintenance and technical support forthe
Packet Cluster Mobile Server and FCIC interface Software.
WHEREAS,the maintenance and operation of this software iscriticaltothe operation of
the Police Department.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That theCity Manager be,andherebyis authorized to disburse asum of
$8,201 to Aether Systems Inc.,for the renewal of theAnnual Software
Support Agreement.That the disbursement be charged to account number
1910-521-3450.
Section 2.That this resolution be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 7t^ay of January f 2003.
ATTEST:APPROVED:
<UtlJl*J
CITY CLERK
READ AND APPROVED AS TO FORM:
/<^>,£L*
CITY ATTORNEY
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell:
Commissioner Bethel:
Commissioner Wiscombe:
Commissioner McCrea:
5-0
Yea
Yea
Yea
Yea
Yea
Excellence,Integrity,Inclusion
MEMORANDUM
To:Honorable Mayor,ViceMayor
andCityCommission
From:SandyYoukilis ft
City Manager^l
Date:December 31,2002
rRe:Agenda Item
CommissionMeeting12/07/2002
Authorizing the City Manager to disburse the
sum of $8,201 for the renewal of the annual
support
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI FLORIDA,AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF
$8 201 WOM ACCOUNT NUMBER 1910-521-3450 CONTRACTUAL SERVICES TO
AETHER SYSTEM INC.,FOR RENEWAL OF THE 2002 ANNUAL SUPPORT AND
MAINTENANCE AGREEMENT.
BACKGRQTTND AND ANALYSIS
Aether Systems Inc.provides the Police Department with Packet Cluster Mobile with allow the
police officer to access the Florida Crime Information Center (FCIC)and the National Crime
Information Center (NCIC)via their police vehicle.The maintenance agreement provides
technical support and updates to the Mobile,Server and FCIC Interface Software.
The computer system is a vital part of the Police Department,running 24 hours a day,and seven
days aweek.This agreement with Aether Systems Inc.,provides for assistance to quickly resolves
any software problems and maintain the serviceability of the Police Department's computer
system.
The Police Department is requesting the renewal of this agreement with Aether Systems Inc.,
$8,201 pursuant to the 2002-2003 budget,from Account 1910-521-3450 (Contractual Services)
Funding for this project will come from the following source:
1910-521-3450(Contractual Services)$8,201.00
Current Balance $44,739.00
Purchase Amount 8.201.00
New Balance $36.538.00
RECOMMENDATION
Approval is recommended.
Mobile Government Division
Creator of Cerulean Products
300 Nickerson Road
Marlborough,MA 01752-4694
508-460-4000 fax 508-460-4098
INVOICE
Accounts Payable
South Miami Police Department
6130 Sunset Drive
South Miami,FL 33143
Invoice Description:Maint Agr.10/2/02 -9/30/03
Description
SMIAMOl South Miami Police Dep
Please note NEW remittance address:
Aether Systems,Inc.
P.O.Box 406223
Atlanta,GA 30384-6223
Tax Id-52-2261969
Quantity
1.00
Unit Price
Invoice No.:009784
Invoice Date:10/14/02
Customer ID:SMIAMOl
Page #:1
Terms:Net 15
End User:SMIAMOl
Extended
8,201.00 8,201.00
Total $8,201.00.
2002 Support/Maintenance Renewal
The Mobile Government Division of Aether Systems,Inc.is pleased tooffer an Annual
Support/Maintenance Agreement for your PacketCluster suite of software applications.The Aether
Maintenance Agreement not only ensures that you will have uninterrupted access to Aether Customer
Service professionals,butthat you will receive all applicable enhancements,new version releases,and
updates toyour PacketCluster softwaresystem..
Enclosedpleasefindthefollowing:
•Exhibit for Support/Maintenance Agreement,in duplicate:Please have one signed
byan authorized official,andmailitto:
Aether Systems,Inc.
Mobile Government Division
300 Nickerson Road
Marlborough,MA 01752
Attn:Barbara Black
•Support/Maintenance Terms and Conditions document:This will provide certain
details required by your agency when contacting our Technical Support Department.
/
Invoice:Please mail your payment for the Support/Maintenance Agreement to:
Aether Systems,Inc.
Mobile Government Division
P.O.Box 406223
Atlanta,GA 30384-6223
•Quotation (if applicable*):By budgeting for your Support/Maintenance Agreement
renewal now,you can avoid any gaps in coverage.This packet may contain a formal
quote for renewal next year.*If a formal quote is not presently enclosed,you may
budget fornextyear using the current contract rate,which isshownonthe enclosed
Exhibitfor Support/Maintenance.
Please note that Aether no longer offers Support/Maintenance coverage on hardware products.
Aether values your business and is committed to providing quality service.If you have any questions,
please call Barbara Black at 508-486-4120.
ETHER
Mobile Government Division
Creator of Cerulean &Sunpro Products
Exhibit for Support/Maintenance Agreement
Attachment "A"
Al
South Miami Police Department
6130 Sunset Drive
South Miami FL 33143
Products Covered
PacketCluster Patrol Base Station Software
State/NCIC Interface
prorated amount for5server added on4/02
prorated amount for5state interface added4/02
PacketCluster Mobile Software <25
PacketClusterPatrolOffice(LAN)SWSinglepack
prorated amount for5 mobiles added 4/02
Support/MaintenanceAgreementisforthe period:
October 1,2002 -September 30,2003
Contract Amount:8,201.00
Contract Nbn:2740
Cost Basis at List Price Maintenance Cost
$16,000.00 $2,880.00
$8,200.00 $1,476.00
$3,333.00 $600.00
$3,416.00 $615.00
$11,940.00 $2,149.00
$600.00 $108.00
$2,070.00 $373.00
45,559.00 $8,201.00
Total Maintenance Cost for the Agreement:"T"8,201.00
This is not an Invoice
Please refer tothe Maintenance Agreementfor the Terms and Conditions
Accepted on behalf of:
South Miami Police Department
By*Bv:
signhere
Name:Name
print name here
Title-Title:
Date-Date-
Acceptedon behalf of:
Aether Mobile Government
sdubtfrJ f*
Steven P.Grondin
Director ofCustomer Service
October 14,2002
^ETHER
AETHER SYSTEMS,INC.
Mobile Government Division
300NickersonRoad,Marlborough,MA01752
Te!(508)460-4000 Fax(508)460-4099
Support/Maintenance Agreement
Recognizing that proper system operation isof paramount importance,Aether Systems,Inc.("Aether"or "Company")is committed to
providing the highest level of service possible to its Customers.These Support/Maintenance Terms and Conditions have been
designed to ensure maximum system up-time after the warranty period,encourage dialogue between the Company and its Customers,
provide rapid response to system operation problems,and eliminate the unexpected cost of post-warranty repair visits.
1.The Support/Maintenance Agreement based on these Terms and Conditions ("Agreement"),established between Aether Systems,
Inc.and the Customer provides for coverage ofall base station components and coverage ofall mobile unit components as detailed in
Attachment A
2.The term ofthis Agreement is one year,beginning at the end ofthe normal ninety (90)-day warranty period offered by the company.
If the Customer does not elect the Agreement at the time ofsystem purchase,or within the ninety (90)-day warranty period,the
Company shall have the right to inspect the system equipment to ensure it is in good operating order before offering the annual
maintenance agreement Such inspection and costs associated with updating the software shall beatAether's men current time and
materials rate(s).If the Customer discontinues the Support/Maintenance Agreement for any reason,and subsequently desires to
purchase or reactivate the Support/Maintenance Agreement in the future,such repurchase or reactivation will be at the prevailing
charges at the time ofrepurchase or reactivation.However,in me event that me Software has been modified byAemerm me i^
period orthat the Software isno longer an Aether supportable product,Aether will have to install new software at its most recent
revision for which the Customer will incur an installation charge and asoftware license charge.
3-This Agreement generally covers those hardware and software components,which the Customer has purchased from the Company
as part ofaPacketCluster*Patrol™Wireless Mobile Information System excluding laptops,power inverters,charge guards,cables,
antennas and mounts.Items notsupplied bytheCompany will notbecovered.
4.Customers subscribing to this Agreement will receive at no charge any improvements or enhancements in software which
are issued during the contract period and which are added to the Company's standard product offering.Aether will ship
these updates/revisions/improvements/enhancements to the Customer atno charge to Customer.The Customer will install
atitsexpense or subcontract with a local software installer at the Customer's expense the updates.
5.The annual fee for afull-coverage agreement is 18%ofthe current list price ofall software and any applicable hardware components
purchased from the company,payable at the begiiming ofeach annual period.A full-coverage agreement provides for support seven
days aweek,24 hours aday (7x24).For routine matters and techmod support issues which A)not invoWe system faUure,
personnel are available for consultation during normal business hours,8:00 am.to 8:00 pjn.,East Coast Time,Monday through
Friday.For emergency matters which have resulted in system failure,the Company will provide the Customer with an emergency
repair telephone number,which will allow the Customer toreach support personnel at any time.
6.hi the event the Customer purchases additional components from the company which are added to the Customer's system after the
contract start date,the Agreement fee will beadjusted to reflect the additional items,ona pro rata basis for the remainder of the
contract period,In the case ofthe initial agreement or amendments thereto,full payment must be received within thirty (30)days of
the contract startdate.
7.If,during the contract period,the Customer identifies aproblem which is believed to be caused by failure ofacomponent purchased
from the Company,Customer shall contact the Company to discuss and further qualify the source and extent ofthe problem.Ifthis
call is made outside ofthe Company's business hours,aCompany representative will return the call within four (4)hours.Ifthe
Company's representative is unable to resolve the problem by telephone and determines mat the problem was caused by failure ofa
covered component,the Company will supply areplacement component to the Customer within forty-eight (48)hours of such
determination,and will provide telephone assistance to the Customer in order to ensure proper installation ofthe component The
Company shall not be responsible for delays or the inability to provide service if caused directly or indirectly by strikes,accidents
embargoes,acts of God,orother events beyond itscontrol.''
8.This agreement covers all parts and labor required to repair or replace covered system components,except in the case ofrepairs
necessitated by accident,misuse,abuse,neglect,theft,vandalism,electrical power failures,electrical power surges,fire,water or
damage other than that resulting from normal wear and tear.All other parts or components furnished will be billed tothe Customer at
the Company's prevailing rates.Similarly/work performed which is beyond the scope ofthis Agreement will be done only after
submission ofawrittencostestimatetothe Customer.
9.The Company may,at its sole option,schedule service visits for the purpose ofsystem inspection or preventative maintenance.Such
visits maybemade inconjunction with emergency service calls.
10.This Agreement does not include any applicable taxes levied or imposed now or hereafter by any governmental authority.Any such
taxes shall be paid by the Customer.This agreement supersedes any prior written or oral understanding between the parties regarding
maintenance ofthe system components,and may not be modified except by written agreement signed by an officer ofthe Company.
No other warranties,express or implied,including warranty ofmerchantability shall apply to service labor,components or parts.
11.This Agreement shall be renewed automatically at the end ofeach contract period unless thirty (30)days prior written notice of
cancellation is given byeither party.As aconvenience to the customer,an invoice will automatically be generated.
Rev.100201