12-02-08 Item 6Sours South Miami
CITY OF SOUTH MIAMI &AmefieaM
. ,„CoRPOWEO . OFFICE OF THE CITY MANAGER I I
�CpR,Op INTER - OFFICE MEMORANDUM
2001
To: The Honorable Mayor and Members of the Commission
Via: W. Ajibola Balogun, City Manager
From: Gremaf Reyes, MIS Manager Agenda Item No.:
Date: December 2, 2008
Subject: Renewal of Police Department Software Support and Maintenance
Agreement with USA Software.
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE $23,422.20 FROM ACCOUNT NUMBER 001 - 1340 - 513 -34 -50 TO
USA SOFTWARE, INC. FOR THE 2008/2009 POLICE DEPARTMENT
SOFTWARE SUPPORT AND MAINTENANCE; PROVIDING FOR AN
EFFECTIVE DATE.
Reason/Need: The Police Department is requesting the renewal of this agreement with USA
Software, Inc. in the amount of $23,422.20 as itemized in the 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
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
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, PhotoFile 2000 and EvidenceFile 2000,
software products upgrades at no additional cost to the city; and
WHEREAS, the maintenance and operation of this software is critical to the operation of
the Police department, and funding has been provided in the FY 2008/2009 operating budget for
a one year service agreement; and
WHEREAS, the funding for this request is from the Contractual Services Account #
001- 1340513- 34 -50, with an account balance of $98,710.00.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1: The City Manager is authorized to disburse $23,422.20 to USA Software,
Inc. for the one year renewal of the software support and maintenance.
Section 2: That the disbursement be charges to account #001 - 1340 -513 -3450 that has
a Current balance of $98,710.00
Section 3: This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this _ day of , 2008.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman:
October 28, 2008
ONO WNW
1
SOUTH MIAMI POLICE DEPARTMENT
6130 SUNSET DRIVE
SO MIAMI FL 33143
Order Date Terms Ordered By
10/28/2008 NET 30 G. Reyes
DETAIL# MODULE_ID MODULE
1 53 Support Contract - Renewal
Invoice Number:
Purchase Order#
Verbal
QUANTITY
1
PRICE
23,422.20
302057
EXTENSION
Total
Please refer to the above Invoice Number to receive proper credit for payment. Remit all payments to:
USA Software, Inc.
9900 Stirling Road, Suite 302
Cooper City, Florida 33024
(954) 436 -3911
23,422.20
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.
II. 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 019952008 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: South Miami Police Department
Signature:
Print Name:
Street Address:
City /State/Zip:
Telephone: Fax:
Date:
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
uanti
1 CrimeFile® IMS Records Management System 1
2 CADFIIe® 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.: 08 -07 -12393
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH NIIANII, 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 2006/07 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 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 CgLlay of 2007.
T1
ATTEST:
f• ,
CLERK
WSW
Commission Vdt4
4-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
absent
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
South Miami
A�- Ao�enicaCily
-� CITY OF SOUTH MIAMI
IN CORPORAT'D '
��o gXpA OFFICE OF THE CITY MANAGER.
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members 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 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 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 20061
07 budget in the Contractual Services Account 009- 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:length 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
... �.
e� =A%M= AMM
' e
i
0-
Software Support and Maintenance Agreement
The following are the terms and conditions under which USA Software agrees to fumish 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., Eastern Standard Time,
Mondays through Fridays (holidays excluded). 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 wherb *available. 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 aspects ofi'configuring their site for communication
- between USA Software and the Customer site. This includes, but is not limited to, all
hardware, intemet access, firewall settings, and server access settings.
c. On site visits either to the USA SofhW441site 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. Customerwill be informed in advance of incurring any
charges. This service is provided ohiy'to Customers within the continental United States
and Canada.
d. DOES NOT INCLUDE: .r , -
a. Restoration of any software afid/ot data on Customer system due to failure on
the part of Customer to adequately backup software and/or data.
b. After hours, weekend, and t oliday support which may be contracted for
separately. a _, ,
c. Maintenance of any Custohier'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 Courity,'Flofida and are subject to change without
notice except for current agreements fof b'rriaximum 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 ®1935 -2003 by USA Soft —ei. lac. AR 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.
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 NOfiLIMITEO 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 /01i 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 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 AGREEM -f NT, 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 KINi . "'S"6 IE 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 VAAY.- -'FROM STATE TO STATE.
2. USA Software will not be liable for any falure'_r -delay in performance due in whole or in part
to any cause beyond USA Software's r2asoiiable`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 the'rso.h.,- ` `
IV. GENERAL
1. Customer may not assign any of its oblig`atiohi, rights or remedies under this Agreement and
any such attempted assignment shall be rib/ 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 furth2r'r`►'ght hereunder.
3. Customer agrees that USA Software may -perf6MM such tests as USA Software shall deem.
reasonably necessary to monitor complidrice With applicable software licenses at any time,
with or without notice, during normal business-hours.
4. That the Software License Agreement fof,t he; 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 govem_
copymhl 07825 -2063 by USA Sd l— Inc. AI(Rghls R--d.
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 Brow-ard _ County,
Florida and Customer hereby submits to: tho 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 itsT6nonable attorneys fees from the non - prevailing
Party
Accepted and
Customer
Signature:
Print Name: ®�4 A11bn S'% �o
Street Address:
City /StateMp: -S /j1 t fi /i1 / , 4 _23 1*-_
Telephone: � �J' —GG.�' �. -r7 FaX.
Date: iY/G /0-f
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 01995-9003 by USA Software• Inc, All Rights Reserved
SUPPORT SCHEDULE A
This Support Schedule outlines the software (Licensed Programs) to be included with the USA
o are Support-and Maintenance Agreement provide-- o Customer.
Item #
Software name
Quantity
1 ComeFileO 2000 Records Management System 1
2 CADFile02000 Computer Aided Dispatch 1
3 PhotoFile 20000 Mugshot Management System 1
4 EvidenceFile02000 Evidence Management System 9
i-
5 MobileFile 20000 eForms Field Reporting System 1
Copyright ®79952003 by USA SDgW3 . Inc. AU Rights Reserved.
Page 1 of 1
Reyes, Gremaf
From: Moya, 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
RECE
ED
JAN 0 3 2007
FINANCE DEPT
1/3/2007
South Miami
na ftaftcar
CITY OF SOUTH MIAMI 111111
OFFICE OF THE CITY MANAGER.
INTER-OFFICE MEMORANDUM 2001
To_ Honorable Mayor, Vice Mayor Date: November 15, 2005
and City Commission
Froth: Maria V_ Davis LS- Agenda Item .9
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 001.1340.513.3450 TO USA
SOFTWARE, INC_ FOR THE RENEWAL OF THE 2005/08 SUPPORTIMAINTENANCE
AGREEMENT FOR THE POLICE DEPARTMENT'S 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 001.1340.513.3450 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 supportfmaintenance agreement for the Police Department
computer software.
RESOLIMON NO. 146-05-12125
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO DISBURSE THE SUM OF $22,758 FROM ACCOUNT
NUMBER 001 -1340- 513 -3450 TO USA SOFTWARE, INC. FOR THE
RENEWAL OF THE 2005/06 SUPPORT/MAINTENANCE 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 CrimeFile 2000, MobileFile 2000, CADFIIe 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 maintenance and operation of this 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 THE MAYOR AND CITY
COMMISSION OF TIC CITY OF SOUTH MIAIvE, 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 of the 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 15 day of. , 2005.
ATTEST:
Cam:,
Ty CLERK
READ AND APPROVED AS TO FORM:
C TTORNEY
APPROVED:
COMMISSION VOTE: 4-_0
Mayor Russell: out
Vice Mayor Palmer: Yea
Commissioner Wiscombe: Yea
Commissioner Birts- Cooper: Yea
Commissioner Sherar: Yea
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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 Programs) listed on the attached Support
Schedule A.
I. ELIGIBILITY REQU11REMENTS: Services under this Agreement are applicable only to Information
Management Systems Software purchased from USA Software commencing-with Version 6,
II. 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.foilowing terms and conditions:
S_ ul2pOrt USA Software will provide the following support:
a. Telephone support service m Customer for the purpose of assisting Customer with the
application of the Licensed Pragram(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 excluded). 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 wherb available: Customer must provide its own
compatible modem and will be responsible for all long distance telephone connect time
and charges. As an altemative to modem support, web -based support is also available.
Customer is responsible for all, aspects dbonfiguring 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 Softwate-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-brrd/ot data on Customer system due to failure on
the part of Customer to adequately backup software and /or data.
b_ After hours, weekend,'and•Ho' liday'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 configdraboh. 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/statemerit accompanying this Agreement Fees are
payable to USA Software in Broward Co6rity, -Florida and are subject to change without
notice except for current agreements for a •ma)dmum of 12 months or until expiration date
whichever period is shorter.
3_ Term: This Support Agreement shall be for a term of twelve (12) months as shown on the
invoicelstatement accompanying this Agreement.
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Hov 02 DS 10:49a USA Software, Inc. 954--431 -2641 P.3
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 sate
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 fug benefits of said new versions, upgrades and/or other
enhancements to the Licensed Program(s). AM costs and responsibilities for such new or
additional software and/ /or hardware shall be bome solely by Customer.
Ill. WARRANTY AND LIMITATION OF LIABILITY:
I. 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 FORT" IN THE APPLICABLE LICENSE
AGREEMENT AND USA SOFTWARE, INC. SOFTWARE SUPPORT AND
MAINTENANCE AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTTERS,
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 MERCtfANTABIL]TY, 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.- tOlQllt STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF 114CIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
LIMITED WARRANY GIVES YOU SP-ECIFI'C LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VAR`F FROM STATE TO STATE
2. USA Software will not be liable for any tai 64 ordelay In performance due in whole or in part
to any cause beyond USA Software's reasbhable`control. In no event shall USA Software be
liable to Customer for any claim, whethePin'contract or those that arose more than eighteen
months prior to institution of suit thereon:`` -
IV. GENERAL s
1. Customer may not assign any of its obtigaiioiis; rights or remedies under this Agreement and
any such attempted assignment shall be nulFand void.
2. The waiver or failure of either party to exekise-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 compliarice-ivith applicable software licenses at any time,
with or without notice, during normal busiriess`•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 Agreerrie6i shag govern.
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Nov 02 05 10:49a USA 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 herewith; or any other matter involving USA Software,
including but not limited to rescission, can .pnd_shall My be maintained in Broward County,
Florida and Customer hereby submits fo. thia jurisdicfion Of the courts in Broward County,
Florida for any such suit and Customerhert~by 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 soie 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 ifs reasonable attomeys fees from the non - prevailing
party -
Accepted and agreed to:
Customer name: -
Signature:
Print !Name.
Street Address:
Gity/Statowx
Telephone:
Date:
Not effective until acceofed by an authorized ranresen #ative of usA Software
Accepted by USA Software on the day of-. - 20
ay:
Authorized USA Software Signatory
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Nov 02 05 10:49a USA Software, Inc. 954 - 431 -zs4i P.5
SUPP13R1" SCHEDULE A
This Support Schedule Outlines the software Licensed Programs) to be included with the USA
Software Support and Maintenance Agreement provided to Customer.
liem # Software name
? ComeFi7e0 2000 Records Management System
2 CADFAe® 2000 Computer Aided Dispatch
3 PhotoFile 20D0® Mugshot Management System
4 EvidenceFrle® 2000 Evidence Management System
5 MobileFile 20000 eForms Field Reporting System
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I • OICE
September 23, 2005
SOUTH NIIAAG POLICE DEPARTMENT
6130 SUNSET DRIVE
SO MIAMI FL 33143
Order Date Terms Ordered By
09/23/2005 NET 30 . B.EDNEY
Purchase Order#
VERBAL
DETAIL# MODULE ID MODULE QUANTITY PRICE EXTENSION
1 53 Support Contract - Renewal 1 22,758.00. 22,758.00
Total 22,758.00
PIease refer to the above Invoice Number 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