10-05-04 Item 7CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: Honorable Mayor, Vice Mayor
and City Commission
From: Maria V. Davis po'i�
City Manager Y
REQUEST
Date: October 5, 2004
South Miami
krr
NI-Ame ica City
2001
Re: Agenda Item 7
Commission Meeting 10/05/2004
Authorizing the City Manager to
disburse the sum of $13,838 to USA
Software Inc., for the renewal of the
annual support
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
DISBURSE A SUM OF $13,858 FROM ACCOUNT NUMBER 01- 1910 -521 -3450
TO USA SOFTWARE INC., FOR THE RENEWAL OF THE 2004/2005 POLICE
DEPARTMENT SOFTWARE SUPPORT/MAINTENANCE AGREEMENT;
PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
USA Software Inc. provides South Miami Police Department with records management
software along with maintenance, updates and upgrades of that software (which includes
crime analysis software, offense /incident storage databases, mobile field reporting,
Personnel and false -alarm tracking to name a few) which is used by the Police
Department and City Hall. ,
This contract renewal will cover telephone and onsite technical software support. It will
also include any update and upgrades of software during the length of the contract.
The Police Department is requesting the renewal of this agreement with USA Software
Inc., for an amount of $13,838 (pursuant to the 2004 — 2005 budget), from Account 1910-
521 -3450 (Contractual Services) which has a current balance of $93,621.00.
RECOMMENDATION
Approval is recommended.
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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 A SUM OF $13,858 FROM ACCOUNT
NUMBER 01- 1910 -521 -3450 TO USA SOFTWARE INC., FOR THE
RENEWAL OF THE 2004/2005 POLICE DEPARTMENT SOFTWARE
SUPPORT/MAINTENANCE AGREEMENT; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, USA Software Inc., is the manufacturer and provider of the Police
Department's records management software; and,
WHEREAS, USA Software Inc., will provide maintenance and technical support for the
CrimeFile 2000, MobileFile 2000, and Computer Aided Dispatch software products as well as
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.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Manager be, and hereby is authorized to disburse a sum not to
exceed $13,858.00 to USA Software Inc., for the renewal of the Annual Software Support
Agreement with the disbursement to be charged to account number 1910 -521 -3450
(contractual services) with a current balance of $93,621.
Section 2. This resolution shall be effective immediately upon the adoption hereof.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
2004.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
Ih i
CITY OF SOUTH MIAMI
CAPITAL ACQUISITION REQUEST FORM (CARF`
FISCAL YEAR. 2004 - 2005
-,in Requested: USA Software Inc. Renewal Contract _ Priority in Dept: immediate
epartment: POLICE DIVISION: Infonmtion Technology
REASON FOR REQUEST: To have customer support for crime reporting application
A) Efficiency X
13) Increase Level of Service X
C) Replacement
DESCRIPTION PRICE
Annual Support contract renewal 2004 - 2005 $13,858.00
Brief narrative objective of the acquisition (In
realize).
This acquisition is for renewing an annual suf
Software is our current vendor for our Record
contract covers TRIZDEone and on-site technics
TOTAL COST: $13,858.00
ing expected savings or efficiencies to be
contract with USA Software Inc, USA
FUNDING ACCOUNT NUMBER: 1910-521-3450
to
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Jul 16 04 10:11a USH Software, Inc. 854-431-2641
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 830 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 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.
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/st6to-rhent accompanying this Agreement. Fees are
payable to USA Software in Broward CoUnty, Florida and are subject to change without
notice except for current agreements fora 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.
C-PyeVit C460fi-2003 bY USA Sdtwsrc, We AN ftM R-d.
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Jul 16 04 10:11a USA Software, Inc. 854-431-2641
4_ Software Maintenance: USA Software shall distribute to Customer updated Licensed
Programs) 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_
fit. 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 fat #u46rdelay 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'cbritract or those that arose more than eighteen
months prior to institution of suit thereon``.'
IV. GENERAL
1- Customer may not assign any of its obligatiahs; 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 fu4te% 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 foi 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.
Copy6gh1019M2003 by USA SoH.„rzc. ix. All rklgn. Rey a,
Jul 16 04 10:12a 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 vvith 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: her.e4y.waives ail rights to trial by jury.
& 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.
T 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:
citylstatelzip:
Telephone: 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
Cupright 'W 1955 -ZOOS Uy USA -Sufte, 1— AVIRigb R--d-