11-15-05 Item 5South Miami
To: Honorable Mayor, Vice Mayor Date: November 15, 2005
and City Commission
From: Maria V. Davis Agenda Item #
City Manager xt:%Ot Re- Renewal of Police Department
Software Support and Maintenance
Agreement
RESOLUTION.,
• Leil-
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 Departments software includes crime analyst software, offense
incident storage databases, mobile field reporting, personnel and false alarm tracking.
This contract renewal will cover telephone and 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
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We recommend that the City Manager be authorized to disburse $22,758.00 to USA
Software, Inc. for the annual support/maintenance agreement for the Police Department
computer software.
I j4
RESOLMON NO.
WHERF,AS, 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, CADFile 2000, PhofoFile 2000 and EWdenceFile 2000
software products; and
Section 3, That this resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this day of 2005.
CITY CLERK
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354- 431 -2541 p.2
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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 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.
11. TERMS & CONDITIONS: At the time Customer licenses Licensed Programs(s) from USA Software,
it may also purchase support services for the Licensed Program(s). All such services shall be upon
the following terms and conditions:
Su ort. USA Software will provide the.following support:
a. Telephone support service to Customer for the purpose of assisting Customer with the
application of the Licensed Program(s). Telephone Support Service is defined as
"answering questions requiring a nominal amount of time, usually during the same tele-
phone call" and will be available from 8:30 A.M. until 4:30 P.M., 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 where 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 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 Softwire'site by Customer or to Customer's site by USA
Software and services in addition to'telephcne 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 a6d/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 holidaq'support which may be contracted for
separately.
c. Maintenance of any Customer systems other than the Licensed Product(s). This
includes, but is not limited to, security settings, hardware maintenance and
configuration, network configuration; etc.
2. Fees: Customer shall pay to USA Software an annual support fee in advance in the amount
set forth in the USA Software invoice /statement accompanying this Agreement. Fees are
payable to USA Software in Broward County, Florida and are subject to change without
notice except for current agreements for a'maximum of 12 months or until expiration date
whichever period is shorter.
3. Term: This Support Agreement shall be For a term of twelve (12) months as shown on the
invoicelstatement accompanying this Agreement.
Cogy V101895.2*3 by USA SW6u W U., Ali WO1.R-W,.
Nov 02 as 10 :4S8 USA Software, Inc.
954-4-31 -2641
4. Software Maintenance. USA Software shall distribute to Customer updated Licensed
Program(s) and /or documentation as soon as they are commercially available. USA
Software shall distribute to Customer any new versions, upgrades and/or other
enhancements to the Licensed Program(s) which are released, in USA Software's sole
discretion, during the maintenance term. Customer acknowledges that certain new versions,
upgrades and/or other enhancements to the Licensed Program(s) may require either
additional software, hardware or hardware updates, with respect to the Customer's original
or current computer system(s), in order for the Licensed Program(s) to function and /or to
allow Customer to gain the full benefits of said new versions, upgrades and/or other
enhancements to the Licensed Program(s). All costs and responsibilities for such new or
additional software and/or hardware shall be borne solely by Customer.
Ill. WARRANTY AND LIMITATION OF LIABILITY.
1. EXCEPT AS STATED IN THE APPLICABLE LICENSE AGREEMENT, THERE ARE NO
EXPRESS OR IMPLIED WARRANTIES RESPECTING THE LICENSED PROGRAMS,
THIS AGREEMENT AND THE SERVICES AND MATERIALS PROVIDED
HEREUNDER, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
WARRANTIES AND REMEDIES SET FORTH IN THE APPLICABLE LICENSE
AGREEMENT AND USA SOFTWARE, INC. SOFTWARE SUPPORT AND
MAINTENANCE AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS,
ORAL OR WRITTEN, EXPRESS OR IMPLIED, USA SOFTWARE, INC., ITS
DISTRIBUTORS, DEALERS AND /OR AGENTS MADE 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 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 falure or delay in performance due in whole or in part
to any cause beyond USA Software's reasbiiable-control. In no event shall USA Software be
liable to Customer for any claim, whetheOn 'e_ontract or those that arose more than eighteen
months prior to institution of suit thereon.'-
IV. GENERAL
1. Customer may not assign any of its obtig'attoiis; rights or remedies under this Agreement and
any such attempted assignment shall be n0f -Lind void.
2. The waiver or failure of either party to exercise'tn any respect any right provided for herein
shall not be deemed a waiver of any turther right hereunder.
3. Customer agrees that USA Software may 0e66rm such tests as USA Software shall deem
reasonably necessary to monitor compliah.te- ith 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 Agreement shall govern.
Capyp9ht. ®t89510Q3 Cry USASatiwam. [n¢ .aU RigG15 RnserveC:
Nov 02 fl n 10:49a USA Software, Inc.
354- 431 -2642 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 and_shall oniy be maintained in Broward County,
Florida and Customer hereby submits to. thi 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 raaraae:
Date:
Not effective until accented by an authorized raoresentative of USA Software.
Accepters by USA Software on the day of _ _ . 20
By:
Authorized LISA Software Signatory
GODyrtAhftk3S985,2SX43 by USA Soiew„c, ina Aq R�ygts NeselYetl.
Nov 02 05 1C:433
SUPPORT SCHEDULE A
This Sapp*rt Schedule outlines the software (Licensed Programs) to be included with the USA
Software Support and Maintenance Agreement provided to Customer.
USA Software, Inc. 954-431-2641
Lt—ern #
1
2
3
4
5
Software name
CrimeNle 0 2000 Records Management System
CADFile(8>2000 Computer Aided Dispatch
PhotoFile 20000 Mugshot Management System
EvIdenceFfleg 2000 Evidence Management System
Mobilefile 20000 06tins Field Reporting System
AN Rights Reserved.
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September 23, 2005 Invoice Number: 301432
SOUTH MIAM POLICE DEPARTMENT
6130 SUNSET DRIVE
SO MIAMI FL 33143
Order Date Terms Ordered By Purchase Order#
09/23/2005 NET 30 B.EDNEY VERBAL
DETAIL# MODULE ID MODULE QUANTITY PRICE EXTENSION
1 53 Support Contract - Renewal 1 22,758.00 22,758.00
Total 22,758.00
Please 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