12-08-09 Item 10CITY OF SOUTH MIAMI
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
Via: Roger M. Carlton, Acting City Manager°AtiV`�`wy1�
From: Gremaf Reyes / MIS Manager
Date: December 1, 2009
Agenda Item No.:
South Miami
NI- AmericaCily
Q D.F
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:
❑ (A) Draft resolution
❑ (B) Copy of Maintenance Agreement
❑ (C) Previous Resolution
RESOLUTION NO.:
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. MobileFile 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
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
53
day of , 2009.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
Ls INVOICE
September 2, 2009
SOUTH MIAMI POLICE DEPARTMENT
6130 SUNSET DRIVE
SO MIAMI FL 33143
Order Date Terms Ordered By
09/02/2009 NET 30 G. Reyes
DETAIL# MODULE_ID MODULE
1 53 Support Contract - Renewal
Invoice Number:
Purchase Order#
Verbal
QUANTITY
1
PRICE
23,422.20
Total
302189
EXTENSION
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
23,422.20
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.
TERMS & CONDITIONS: At the time Customer licenses Licensed Programs(s) from USA Software,
it may also purchase support services for the Licensed Program(s). All such services shall be upon
the following terms and conditions:
Support. USA Software will provide the following support:
a. Telephone support service to Customer for the purpose of assisting Customer with the
application of the Licensed Program(s). Telephone Support Service is defined as
"answering questions requiring a nominal amount of time, usually during the same tele-
phone call' and will be available from 8:30 A.M. until 4:30 P.M.,Mondays through Fridays
(holidays excluded). Extended, 24 hour, 7 day per week coverage (24x7 support) is also
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, firewall settings, and server access settings. Customer -
provided copy of GoToMyPc may be required.
c. On site visits either to the USA Software site by Customer or to Customer's site by USA
Software and services in addition to telephone service will be charged at the then current
labor rates plus expenses. Customer will be informed in advance of incurring any,
charges. This service is provided only to Customers within the continental United States
and Canada.
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.
Copyright 619952008 by USA Software, Inc. All Rights Reserved.
4. Software Maintenance: USA Software shall distribute to Customer updated Licensed
Program(s) and /or documentation as soon as they are commercially available. USA
Software shall distribute to Customer any new versions, upgrades and /or other
enhancements to the Licensed Program(s) which are released, in USA Software's sole
discretion, during the maintenance term. Customer acknowledges that certain new versions,
upgrades and /or other enhancements to the Licensed Program(s) may require either
additional software, hardware or hardware updates, with respect to the Customer's original
or current computer system(s), in order for the Licensed Program(s) to function and /or to
allow Customer to gain the full benefits of said new versions, upgrades and /or other
enhancements to the Licensed Program(s). All costs and responsibilities for such new or
additional software and /or hardware shall be borne solely by Customer.
III. WARRANTY AND LIMITATION OF LIABILITY:
1. EXCEPT AS STATED IN THE APPLICABLE LICENSE AGREEMENT, THERE ARE NO
EXPRESS OR IMPLIED WARRANTIES RESPECTING THE LICENSED PROGRAMS,
THIS AGREEMENT AND THE SERVICES AND MATERIALS PROVIDED
HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
WARRANTIES AND REMEDIES SET FORTH IN THE APPLICABLE LICENSE
AGREEMENT AND USA SOFTWARE, INC. SOFTWARE SUPPORT AND
MAINTENANCE AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS,
ORAL OR WRITTEN, EXPRESS OR IMPLIED. USA SOFTWARE, INC., ITS
DISTRIBUTORS, DEALERS AND /OR AGENTS MAKE NO EXPRESS OR IMPLIED
WARRANTIES TO CUSTOMER WITH REGARD TO THIS AGREEMENT, THE
LICENSED PROGRAMS AND THE SERVICES AND MATERIALS PROVIDED
THEREWITH, INCLUDING MERCHANTABILITY, FITNESS FOR ANY PURPOSE OR
PROPRIETARY RIGHTS OF OTHERS. NEITHER OF THEM SHALL HAVE ANY
LIABILITY OR RESPONSIBILITY TO CUSTOMER FOR DAMAGES OF ANY KIND,
INCLUDING SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGE, ARISING OUT OF
OR RESULTING FROM THIS AGREEMENT, THE LICENSED PROGRAMS, OR THE
SERVICES OR MATERIALS MADE AVAILABLE HEREUNDER. IN NO EVENT
SHALL USA SOFTWARE, INC. BE LIABLE FOR ANY LOSS OR PROFIT OR ANY
OTHER DAMAGES OF ANY KIND. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
LIMITED WARRANY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
2. USA Software will not be liable for any failure or delay in performance due in whole or in part
to any cause beyond USA Software's reasonable control. In no event shall USA Software be
liable to Customer for any claim, whether in contract or those that arose more than eighteen
months prior to institution of suit thereon.
IV. GENERAL
1. Customer may not assign any of its obligations, rights or remedies under this Agreement and
any such attempted assignment shall be null and void.
2. The waiver or failure of either party to exercise in any respect any right provided for herein
shall not be deemed a waiver of any further right hereunder.
3. Customer agrees that USA Software may perform such tests as USA Software shall deem
reasonably necessary to monitor compliance with applicable software licenses at any time,
with or without notice, during normal business hours.
4. That the Software License Agreement for the products covered herein and the USA Software
Terms and Conditions of Sale are incorporated herein by reference and made a part hereof.
That if any term of this agreement and the applicable License Agreement are inconsistent or
contrary the applicable License Agreement shall govern.
Copyright 019952008 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 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:
Signature:
Print Name:
Street Address:
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
Copyright 01995 -2008 by USA Software, Inc. All Rights Reserved.
SUPPORT SCHEDULE A
This Support Schedule outlines the software (Licensed Programs) to be included with the USA
Software Support and Maintenance Agreement provided to Customer.
Item #
Software name
uand
1 CrimeFile® IMS Records Management System 1
2 CADFile ® IMS Computer Aided Dispatch 1
3 PhotoFile IMS® Mugshot Management System 1
4 EvidenceFile® IMS Evidence Management System 1
5 MobileFile IMS ®MDS Mobile Data System 1
6 MobileFile IMS® eForms Field Reporting System 1
Copyright 01995 -2008 by USA Software, Inc. All Rights Reserved.
RESOLUTION NO. 197 -08 -12794
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
Department's records management software; and
WHEREAS, USA Software, Inc. will provide maintenance and technical support for
their CrimeFile 2000, MoblieFile 2000, CADFile 2000, PhotoFde 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 thisd day of December , 2008.
AT ST: ��a -
CI CLERK 9V
FORM:
Luis R. eredo, �
Gallop Figueredo, P.A.
Office of City Attorney
APPROVED:
/C)'Tvkc-�� �S>-
MAYOR
CO ON VOTE: 4 -0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Palmer: Yea
Commissioner Beckman: Yea
sours South Miami
O� 4r -
F CITY OF SOUTH MIAMI JUI- AmedcaM
" - INfARPDRIQEO OFFICE OF THE CITY MANAGER I
• I ,
oP'llp INTER- OFFICE MEMORANDUM
2001
To: The Honorable Mayor and Members of the Commission
Via: W. Ajibola Balogun, City Manager
From: Gremaf Reyes, MIS Manage4 -/ 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 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
INVOICE
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
DETAIL# MODULE ID 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.
TERMS & CONDITIONS: At the time Customer licenses Licensed Programs(s) from USA Software,
it may also purchase support services for the Licensed Program(s). All such services shall be upon
the following terms and conditions:
Support. USA Software will provide the following support:
a. Telephone support service to Customer for the purpose of assisting Customer with the
application of the Licensed Program(s). Telephone Support Service is defined as
"answering questions requiring a nominal amount of time, usually during the same tele-
phone call' and will be available from 8:30 A.M. until 4:30 P.M.,Mondays through Fridays
(holidays excluded). Extended, 24 hour, 7 day per week coverage (24x7 support) is also
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, firewall settings, and server access settings. Customer -
provided copy of GoToMyPc may be required.
c. On site visits either to the USA Software site by Customer or to Customer's site by USA
Software and services in addition to telephone service will be charged at the then current
labor rates plus expenses. Customer will be informed in advance of incurring any
charges. This service is provided only to Customers within the continental United States
and Canada.
d. DOES NOT INCLUDE:
a. Restoration of any software and/or data on Customer system due to failure on
the part of Customer to adequately backup software and /or data or protect same
from virus attacks and /or spyware /adware related issues.
b. 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.
Copyright 079952088 by USA Software, Im All Rights Reserved.
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.
111. 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.
Copyright at 995-2o99 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 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.
B. 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:
I
Print Name:
Street Address:
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_
ay:
Authorized USA Software Signatory
Copyright 07085.2008 by USA Software, Ina All Rights Reserved.
a
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
uantit
1 CrimeFfle®IMS Records Management System
7
2 CADFfIe0 1MS Computer Aided Dispatch
7
3 PhotoFfle® IMS Mugshot Management System
1
4 EvidenceFile 0 IMS Evidence Management System
1
5 MobileFile ®IMS MDS Mobile Data System
7
6 MobileFile® IMS eForms Field Reporting System
1
Copyright 01995.2008 by USA Software, Inc. A0 Rights Resemed.
RESOLUTION NO.: 08 -07 -12393
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF, THE CITY OF
SOUTH M LAW 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
CrimeFile 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
i
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 OF 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 ' 3-4ay of 1/N•t 2007.
ATTEST:
CLERK
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
1 -0
tea
Yea
absent
Yea
Yea
a �
H 9
To:
Via:
South Miami
ARMelicaNY
I
Itic2927 • CITY OF SOUTH MIAMI
�o ��oP OFFICE OF THE CITY MANAGE}
INTER- OFFICE MEMORANDUM 20arl
From:
The Honorable Mayor Feliu and Mem' bees of the City Commission
Yvonne S. McKinley, City Manager
Vincent Landis, Chief of Police
Agenda Item #
I
Date: January 23, 2007
Subject: Renewal of Police Department Software Support and Maintenance
Agreement
Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, . `A- QTHORIZING 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
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 2006/
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, 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:longth of the contract.
Cost: $23,422.50
Funding Source: Contractual Services Account # 001- 1340 -593 -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 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 S.
If. . TERMS & CONDITIONS: At the time Customer licenses Licensed Prograrns(s) from USA Software,
it may also purchase support services for the Licensed Program(s). All such services shall be upon
the following terms and conditions:
Support. USA -Software will provide the-following support:
a. Telephone support service to Customer for the purpose of assisting Customer with the
application of the Licensed Program(s). Telephone Support Service is defined as
"answering questions requiring a nominal amount of time, usually during the same tele-
phone call" and will be available from 8:30 A.M. until 4:30 P.M., Eastern Standard Time,
Mondays through Fridays (holidays bkduded). 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 call(s).
b. Modem communication support wh2rb mailable. Customer must provide its own
compatible modem and will be respbttsible 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 aspects`of•configuring their site for communication
between USA Software and the 'Custoi dr 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 Sofiwa`t`d'site by Customer or to Customer's site by USA.
Software and services in addition to'telepbons service wili be charged at the then current
labor rates plus expenses. Custonier'will be informed in advance of incurring 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 and /or data on Customer system due to.failure on
the part of Customer to adequately_ backup software and/or data.
b. After hours, weekend, an&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 ihvoice /stk nek accompanying this Agreement. f=ees are
payable to USA' Software in Broward Cbirrftj ,'Florida and are subject to change without
notice except for current agreements for a'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 as shown on the
invoice /statement accompanying this Agreement
r+OW01 01885.2003 by USA 8ohwe /d, Iqc: AH Rlghls Reserved.
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 Customers 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.
111. 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 /WAGENTS MAKE NO EXPRESS OR IMPLIED
WARRANTIES TO CUSTOMER WITH REGARD TO THiS AGREEMENT, THE
LICENSED PROGRAMS AND THE SERVICES AND MATERIALS PROVIDED
THEREWITH, INCLUDING MERCPfANTABILiTY, 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 AGREEhllt- T, THE LICENSED PROGRAMS, OR THE
SERVICES OR MATERIALS MADE AVAILABLE HEREUNDER. IN NO EVENT
.SHALL USA SOFTWARE, INC. BE UA'BLE FOR ANY LOSS OR PROFIT OR ANY
OTHER DAMAGES OF ANY KIND: 969E STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF Wd`1304TAL OR CONSEQUENTIAL DAMAGES, .
SO THE ABOVE LIMITATIONS Ok b(60JSiONS MAY NOT APPLY TO YOU. THIS
LIMITED WARRANY GIVES YOU 90ECiFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VAR& "FROM STATE TO STATE.
2. USA Software will not be liable for any 6}Oe: r delay in performance due in whole or in part
to any cause beyond USA Software's rAsorfeble control. in no event shall USA Software be
liable to Customer for any claim, whether'tn_cantract or those that arose more than eighteen
months prior to institution of suit tfiere'on"Aie. "'
IV. GENERAL t u ' - "': ;
9. Customer may not assign any of Its obliOitions; rights or remedies under this Agreement and
any such attempted assignment shall b6h0f`and void.
2. The waiver or failure of either party to dieltoise•m any respect any right provided for herein
shall not be deemed a waiver of any furthe'r'r'6t hereunder.
3. Customer agrees that USA Software may pec€'fin such tests as USA Software shall deem
reasonably necessary to monitor compliance with applicable software licenses at anytime,
with or without notice, during normal business•hburs.
4. That the Software License Agreemeni fof the;products covered herein and the USA Software
Terms and Conditions of Sale are inco� 61ratdd 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 Agreerrien`t shall govern.
cmdotono --;4 3q.usns.ew. ire:;witp Reserved.
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 connepion. 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:arad.st Off dnly'lie- mairitainea in Broward_County,
Florida and Customer hereby submits td. the jurisdiction of the courts in Broward County,
Florida for any such suit and Customer,hereby. waives ail rights to trial by jury.
6. Customer agrees that USA Software's eintiro.liability, if any, for any cause whatsoever arising
out of this Agreement shall not exceed fhe;amount Customer actually paid to USA Software
to purchase the support
7.
8.
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.
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 rR06asonable attorneys fees from the non - prevailing
party.
Accepted;
Customer
Signature:
Print Name
StreetAddress :_ 6/3,f 'Sy1t%S6f7' _b
•k •I: [
City /State/zip:
Te %phone :fat'— AGa' -43 -r7 F4z:.4- JOf_ -4r- G3
Date: /YIG /odr
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
Copy tghl (DINS -¢03 by USA 9oflwaik In. M Rtghls R"emed.
SUPPORT SC14EDULE A
This Support Schedule outlines the software (Licensed Programs) to be included with the USA.
Software Support-and Ma'rnteiiance :4greeriterif provided fo Cdsforiier.
Item #
Software name
Quantity
1 CrimeFile02600 Records Management System 1
2 CADFIIe02000 Computer Aided Dispatch
• i
3 PhotoFife MOO Mugshot Management System t
I
4 EvidenceFileO2000 Evidence Management System
1
5 MobfleFile 20000 eFonns Field Reporting System !
Copyftm mINS -2 re by UU S.Mv . u- an RVft Rm .d.
Page 1 of 1
Reyes, Gremaf
From: Maya, Christian
Sent: Friday, December 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
JAN Q 3 2007
FINANCE DEPT
1/3/2007
South Warn
Scrur�,r
� . A�A�9iCdCiilr
Q CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER a
INTER- OFFICE MEMORANDUM 2001
To: Honorable Mayor, Vice Mayor Date: November 15, 2005
and City Commission
From: Maria V. Davis �S Agenda Item #
City Manager Re: Renewal of Police . Department
Software Support and Maintenance
Agreement
RESOLUTION:
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 001.1340-51373450 TO USA
SOFTWARE, INC. FOR THE RENEWAL OF THE 2005/06 SUPPORTIMAINTENANCE
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 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 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 2005/06 budget in the Contractual
Services Account number 001.134.0.513.3450 as follows:
Current Balance
$121,991.00
This Purchase
22,758.00
New Balance
$ 99,233.00
RECOMMENDATION:
We recommend that the City .Manager be authorized to disburse $22,758.00 to USA
Software, Inc. for'the annual supporYmaintenarfce agreement for the Police Department
computer software.
RESOLUTION NO. .146-05-12125
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH AE LAM FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $2,2,758 FROM ACCOUNT
NUMBER 001 - 1340 - 513 -3450 TO USA SOFTWARE, INC. FOR THE
RENEWAL OF THE 2005/06 SUPPORTIMAINTENANCE AGREEMENT
FOR THE POLICE DEPARTMENT'S COMPUTER SOFTWARE;
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 Ci i'meFile 2000, MohileFile 2000, CADFile 2000, PhotoFile 2000 and EvidenceFile 2000
software products; and
WHEREAS, USA Software, Inc. will provide product updates and upgrades at no
additional charge to the City; and
WHEREAS, the maintesiance 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.
NOW, THEREFORE, BE IT RESOLVED' BY TTY MAYOR AND CITY
COMM[SSION OF THE CITY OF SOUTH MIAMI, FLORIDA
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 ofthe Annual Software Support Agreement.
Section 2. 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 l,15 day of , 2005.
ATTEST: APPROVED:
CLERK dAI04 i
READ AND APPROVED AS TO FORM: COMMMSION VOTE: 4 -0 "
Mayor Russell: ou.t ' room
Vice Mayor Palmer: Yea
Commissioner Wiscombe: Yea
C TTORNEY Commissioner Birts- Cooper: Yea
Commissioner Sherar: Yea
C:0owments and Set mpWickeWy DocnmeertslWord Documer► is lRessoludonPoliceSoftwareMamtdoe
Nov OZ 05 10:48a USES Software, Inc. 954- 431 -2641 p.2
4N Emma-- amm
Q s
f �
Software Support and Maintenance Agreerrrent
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.
I. ELIGIBILITY REQUIREMENTS: Services under this Agreement are applicable only to Information
Management Systems Software purchased from USA Software commeneing.with Version 6.
H, 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.
Supgort 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 (overfive minutes on any one problem or call)
Customer will be responsible for the long distance telephone charges for such call(s).
I
b. Modem communication support wherb ayrarffable. 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, vreb -based support is also available.
Customer is responsible for alt aspebts of configuring their site for communication
between USA Software and the Customer site. This includes, but is not limited to, all'
hardware, Internet access, firewall settings, and server access settings.
c. On site visits either to the USA SOU&site by Customer or to Customer's site by USA
Software and services in addition 101810hone service wilt be charged at the then current
labor rates plus expenses. Customerw+ll 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 softwarearsd/of data on Customer system due to failure on
the part of Customer to adequately backup software and/or data,
b. After hours, weekend,'and•fiofida)i 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.
Fees: Customer shall pay to USA Software an annual support fee in advance in the amount
set forth In the USA Software tnvoioelstat m► n*t accompanying this Agreement Fees are
payable to USA Software in Broward Codtity,-Flonda 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
invoiee/statement accompanying this Agreement
o-PPgd,DIMIMbusasxwo" waans"� ,e
Nov 02 05 10:49a USR Software, Inc. 954- 431 -2641 p.3
4_ Software Maintenancg. -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
addiional software. hardware or hardware updates, with respect to the Customer's original
or current computer system(s), In orderfor the Licensed Programs) 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 andlor hardware shall be bome solely by Customer.
3l1. WARRANTY AND LIMITATION OF LIABILITY:
9. EXCEPT AS STATED IN THE APPLICABLE LICENSE AGREEMENT, THERE ARE NO
EXPRESS OR IMPLIED WARRANTIES RESPECTING THE UCENSED 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 FORTH IN THE APPLICABLE LICENSE
AGREEMENT AND USA SOFTWARE, INC. SOFTWARE SUPPORT AND
MAINTENANCE AGREEMENT ARE EXCLUSIVE AND IN UEU OF ALL OTHERS,
ORAL OR WRITTEN, EXPRESS OR IMPLIED. USA SOFTWARE, INC., ITS
DISTRIBUTORS, DEALERS AND /8R 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 dR CONSEQUENTIAL DAMAGE, ARISING OUT OF
OR RESULTING FROM THIS AGREEMENT, THE LICENSED PROGRAMS, OR THE
SERVICES OR MATERIALS MADE AVAILA3LE HEREUNDER IN NO EVENT
SHALL USA SOFTWARE, INC. BE LIABLE FOR ANY LOSS OR PROFIT OR ANY
OTHER DAMAGES OF ANY KtND.• `SOl& STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF IRI &&NTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCIUSiONS MAY NOT APPLY TO YOU. THIS
LIMITED WARRANY GiVES YOU SPEC'IFIC LEGAL RIGHTS, ARID YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE
2. USA Software will not be liable for any iaiture or delay in performance due in whole or in part
to any cause beyond USA Software's re4s6ria6ie`contr61. in no event shall USA Software be
liable to Customer for any ctaim, whethePln'coritract or those that arose more than eighteen .
months prior to institution of suit thereon -'`
IV. GENERAL }
1. Customer may not assign any of it's obligations; rights or remedies under this Agreement and
any such attempted assignment shalt be rrli *d void.
2 The waiver or failure of either parry to exe{cise•in any respect any right provided for he
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, daring normal busidess•hours.
4. That the Software License Agreement f6f'the'f6ducts 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 Agreerrierit shall govern.
CM mae"Mcme,us4san
Nov 02 05 10:49a
USR Software, Inc. 954 -431 -2641 p.4
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 herewi #h; or any other matter involving USA Software,
including but not limited to rescission, ca fhb n,pod_shall only be maintained in Broward County,
Florida and Customer hereby submits to jurisdiction of the courts in Broward County,
Florida for any such suit and Custome0%6kF}y waives all rights to trial by jury.
8. Customer agrees that USA Software's eptire.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, wM
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 fitigation is insbUed byeither 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.
r..
Accepted and agreed to;
Custornesnarrre: Irp.,, .ty ..:
Signature:
pdn€ Name:
strae €Address.• ..
ci€yis�€e�p:
Telephone:._ ; .>
Data:
.r
Nt3t eifectfee until acre bad b v an authorized ra reseatati`re of fJSA Software.
Aeceptect By USA Soft"re on the _ day of : 20
Authorized USA Sdt7'varo Signatory
CeDAM IMBS -200 ly M4.0 —.1 NsG�MResgyep.
"ov 02 05 10:45a USA Software, Inc. 854- 431 -2641 P.b
SUPPORTSCHEDULEA
7"hfs Support Schedule outlines MO software (Ucens2d Programs) to be inciucied with the USA
Software SUpaortand Maintenanee Agreement Frnvided to Customer.
item # Sofiw_ ar- name
uan "
i ComeMe® 2000 Records Management system
i
2 CADFife® 2000 ComputerAided Dispatch
1
3 Photo & 20DOO Mugshot management System
t
`t EvidenceFfle® 2000 Evideirce Management System
i t
6 MobileMe 20000 eForms Field Reporting System i
i
CPPpWtr 0736 G1 bYMA 6Mwera Ina AW;,gj& RWs &
INVOICE
September 23, 2005
SOUTH MIAMI POLICE DEPARTMENT
6130 SUNSET DRIVE
SO MIAMI FL 33143
Order Date Terms Ordered By
091232005 NET 30 B -EDNEY
Purchase Order#
VERBAL
DETAIL# MODULE —ID MODUI.'E QUANTITY PRICE EXTENSION
1 53 Support Contract - Renewal 1 22,759.00 22,758.00
Total 1 22,755.00
. i
Please refer to the above Invoice lumber to receive proper credit for payment Remit all payments to:
USA Software, Inc.
9900 Stirling Road, Suite 301
Cooper City, Florida 33024
(954) 436 -3911
Invoice Number.
301432