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HomeMy WebLinkAboutR-03-0422J-03-332 04/28/03 RESOLUTION NO. 03- 422 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE LICENSE AGREEMENT FOR PROPRIETARY SOFTWARE PRODUCTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH B & L ASSOCIATES, INC. FOR CONTINUED RE -LICENSING, TRAINING, MAINTENANCE AND PRODUCT SUPPORT OF ITS PROPRIETARY SOFTWARE FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, ON A CONTRACT BASIS FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $55,000, WITH ANNUAL MAINTENANCE INCREASES NOT TO EXCEED FOUR PERCENT (4%) PER YEAR; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.460101.6.670, SUBJECT TO BUDGETARY APPROVAL. WHEREAS, the Department of Information Technology ("Information Technology") is seeking approval to execute a License Agreement for Proprietary Software Products ("AGREEMENT"), in substantially the attached form, with B & L Associates, Inc. for continued maintenance of the software BL/Lib, BL/Robo, BL/Viewer, BL/Pack, BL/Sched and BL/Dist; and WHEREAS, Information Technology has used BL/Lib, BL/Pack, and BL/Sched since 1984 as these products allow the Department to ATTACNAAE CONTAIRID I CITY COMMISSIOIR Y=TIN,G OF MAY 0 c 2003 (Resolution 1-1p.W 3 � 4221-_ log and keep track of tapes, archive and recover files, and automatically schedule jobs in a flexible, efficient, and effective manner, and BL/Robo, BL/Viewer, and BL/Dist purchased in 1996 allows the Department to retrieve tapes through the use of robotic technology and create user reports for reviewing and distribution with the use of a PC; and WHEREAS, it is necessary to receive all software maintenance support for the products from B & L Associates, Inc., as BL/Lib, BL/Robo, BL/Viewer, BL/Pack, BL/Sched and BL/Dist software products being utilized by the City of Miami are solely owned and marketed by B & L Associates, Inc.; and WHEREAS, funding for the re -licensing and maintenance of this software is allocated from Account Code No. 001000.460101.6.670; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Page 2 of 4 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorizedll to execute a License Agreement for Proprietary Software Products, in substantially the attached form, with B & L Associates, Inc., for continued re -licensing, training, maintenance and product support of its proprietary software for the Department of Information Technology, on a contract basis for a one-year period, with the option to renew for two additional one-year periods, in an annual amount not to exceed $55,000, with annual maintenance increases not to exceed four percent (4%) per year, with funding allocated from Account Code No. 001000.460101.6.670, subject to budgetary approval. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor .21 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 4 03- 422 PASSED AND ADOPTED this 8th day of ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: NDRO VI ATTORNEY 137:tr:AS:BSS May , 2003. Page 4 of 4 03— 422 Pic B&I ASSOCIATES 220 ,s, Needham, MA 02494 (781) 444-1404 LICENSE AGREEMENT FOR PROPRIETARY SOFTWARE PRODUCTS This Agreement ( #037428-R 1) is made on the 31 day of March, 2003 between 1) B&L Associates, Inc. 220 Reservoir Road Needham, MA 02194 (`B&L") 2) Cityof Miami 400 NW 2nd Avenue Miami, FL 33128 ("Customer"). Whereas A) B&L is the owner and licensor of the Software as hereinafter described. B) Customer is desirous of using the Software awned and licensed by B&L . Now it is hereby agreed as follows: 1. DEFINTTIONS "Acceptance Period" means the first 30 days after the Effective Date. "Documentation" means the documentation provided by B&L to Customer for the installation, use and support of the Software. Accepted for B&L by: Accepted for Customer by: Name Leonard J. DiCarlo Name Signature Signature Title Treasurer Title Date March 31, 2003 Date Accepted as to form and correctness: Name Simtature Title Date Accented as Lo insurance requirement: Name. Sienature Title Date 03- 422 F. Agreement: #037428-R1 Page. 2 "Effective Date" means January 1,'J4: ---------------------------------------------------- "Processor " means the processor(s) described in Schedule 1, including model, style and serial number(s) on which the Software is authorized to operate. "Product Support" means the work done by B&L to keep the Software current, provide Updates, provide bug fixes, provide telephone support, and make sure the Software runs on the three most current versions of the Unisys operating system (MCP). "Product Support Date" means the January 1,,,2004 and each anniversary thereafter. "Site" means any Customer location. "Software" means the licensed software as described in Schedule 1 and the Documentation. "Subsidiary" means a corporation or other entity more than fifty percent (50%) of whose outstanding voting shares or securities are, now or hereafter, owned or controlled, directly, or indirectly, by Customer. "Update" means a release of a Software product, subsequent to the initial delivery, which incorporates (a) accumulated corrections, or (b) enhancements together with revisions to, or revised, Documentation which properly describes the updated Software. "Year 2000 Compliant" means the Software is written to ensure the ability for continued normal use such that neither the performance nor the functionality of the software will be affected by changes to the date format caused by the advent of the year 2000. 2. GRANT OF LICENSE 2.1 B&L hereby grants to Customer a permanent non-exclusive right and license to install and use the Software at the Site on the Processor described in Schedule 1. 2.2 Upon prior written notice to B&L Customer may change the Site. 2.3 Upon prior written notice to B&L Customer may operate the Software on a smaller processor than the one described in Schedule 1 provided that b) the Processor described in Schedule 1 is still present at the Site, and b) the Software will only run on one processor in total 2.4 Customer agrees to refrain from using the Software for other entities or Subsidiaries on a service basis without the written permission of B&L. 3. CUSTOMER CERTIFICATIONS 3.1 Customer agrees that the Software will always be licensed for the largest MCP based Processor at the Site. 4. LICENSE FEES 4.1 The license fees are shown in Schedule 1. 5 UPGRADE CREDITS 5.1 Credits will be issued toward a new license should Customer upgrade to a larger Processor on which the Software operates within five years of the Effective Date of this Agreement. The amount of the credit will be the license fees shown in Schedule 1 prorated over a five year period. Accepted for B&L by: Accepted for Customer by: Initials Iitials Date Date 03r- 422 Agreement: #037428-R1 Page. 3 6. TAXES AND DUTIES 6.1 Customer shall be responsible for remitting to federal and/or state and local tax authorities any applicable taxes and duties due by Customer to such authorities based on payments made to B&L pursuant to Schedule 1 and 2 and shall hold B&L harmless and indemnify it for any liabilities, cost and expenses, including attorneys' fees, to any tax authority relating in any way to the tax treatment of the payments made pursuant to this agreement. 7. TERM AND TERMINATION 7.1 The license offered under this agreement is,for the Software at the Site on the Processor described in _. Schedule 1 for the term described in Schedule 2. 7.2 The Customer shall have the right at any time within the Acceptance Period to return the Software for any reason whatsoever. Should Customer return the Software during the Acceptance Period, all license fees paid by Customer for the Software being returned will be refunded. 7.3 Notwithstanding paragraph 7. 1, this Agreement may be terminated a) by either party for material breach of this Agreement by the other party provided that if the breach is capable of remedy, the innocent party has fust given written notice to the party in breach identifying the breach concerned and calling for it to be remedied, and the breach has not been remedied within 45 days of service of such notice --------------------------------------------------- - b) by Customer for unappropriation of funds, or, 0 by Customer's thirty day notice of termination of the Al,recnnent 7.4 In the event of termination, Customer shall return the Software unencumbered and certify to B&L that all copies or partial copies have been destroyed. 8. TRANSFER OF SOFTWARE 8.1 The rights and license granted Customer hereunder to hold and use the Software are restricted solely and exclusively to Customer and may not be assigned, subleased, sublicensed, sold, offered for sale, disposed of, encumbered or mortgaged. 9.0 PROPRIETARY RIGHTS 9.1 The ownership and all right, title and interest in and to any trademark tradename, patent„ copyright, technology, know-how or other proprietary interest relating to the Software is and will remain vested solely in B&L. Customer will use all reasonable efforts to protect all such proprietary rights of B&L, and, upon request by B&L, will assist B&L at the expense of B&L, to prevent or halt any unauthorized use of B&L proprietary rights related to the Software. Unless otherwise agreed in writing, copyrighted materials will not be copied except for archival purposes or as otherwise expressly authorized in this Agreement. Customer shall not remove or modify any B&L copyright notice or other proprietary notice contained in the Software or the Documentation. 9.2 Customer agrees to take reasonable steps to protect the confidentiality of the Software. Customer agrees 9.2.1 not to disclose or transfer the Software to any third parties-, Accepted for B&L by: Accepted for Customer by: Initials Iitials Date Date 03- 422 Agreement: #037428-R 1 Page. 4 9.2.2 not to decompile, reverse engineer, modify, reproduce, rent or lease, or otherwise dispose of the Software; and 9.2.3 not to duplicate the Software except as required for Customer's use at the Authorized Site or for providing backup of the Software. 10.0 WAIVERS: 10.1 No delay or failure of B&L or Customer in exercising any right hereunder and no partial or single exercise thereof, shall be deemed of itself to constitute a waiver of such right 10.2 B&L may accept any payments from any person tendering the same without thereby accepting such person as Customer hereunder or waiving any breach of covenant or provision against assignment or transfer by Customer. 11.0 WARRANTIES 11.1 B&L represents and warrants that: a) the Software, when delivered and installed, will operate on the Processor specified on Schedule 1 of this Agreement; b) any service rendered by B&L will be performed in a professional manner by qualified personnel; and c) the Software is the Year 2000 Compliant. 11.2 B&L wan -ants that it will not withdraw the availability of Product Support for five years from the Effective Date of this Agreement. 11.3 During the time that the Software is under B&L Product Support, B&L will correct or replace it and/or provide services necessary to remedy any programming error which is attributable to B&L. Such correction, replacement or services will usually be accomplished within 30 days from the date that Customer has identified and notified B&L of any such error in accordance with B&L's prescribed reporting procedures. As a pre -condition to any action on any warrantee arising out of this Agreement, notice of any defects in any materials, equipment or services must be given to B&L within thirty (30) days of the discovery of such defects. 12. DEFAULT 12.1 Default is defined to include Customer's failure to pay any amount within 10 days after notice to Customer that the same is 45 days or more delinquent; if an assignment, sale, mortgage, sublease or sublicense of the Software is made or attempted, if any distress, execution, or attachment is levied hereon or upon the Software or such action is attempted; if Customer shall become insolvent; upon initiation of bankruptcy or receivership proceedings; upon the execution by Customer of a Deed of Trust or Assignment for the Benefit of Creditors or any other transfer or assignment of a similar nature; or upon Customer's breach of any of the other terms or conditions hereof 12.2 In the event of default on the part of the Customer, B&L has the right to terminate this Agreement and to enforce all its rights and remedies under paragraph 7.3. 13. FORCE MAJEURE Accepted for B&L by: Accepted for Customer by: Initials Iitials Date Date 03- 422 Agreement: #037428-1z1 Page. 5 13.1 Neither party shall be liable to the other for delays or failure of performance due to causes beyond its control, Such causes include (without limitation) strikes, riots, wars, government regulations, acts of God, fire, or shortage of materials; provided, however, if such delay or failure continues beyond sixty (60) days, the other party shall have the option, exercisable by written notice, to terminate the Agreement pursuant to paragraph 7.3 14. LIMITATION OF LIABILITY 14.1 IN NO EVENT WILL B&L BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER 15.0 PRODUCT SUPPORT 15.1 Product Support will be charged for on a yearly basis starting on the Product Support Date. The product support fees for the Software for the first two years are shown in Schedule 2. 15.2 B&L will use its best endeavors to correct as promptly as possible errors in the Software notified to B&L by Customer. Code corrections or instructions on work arounds supplied shall be accompanied by adequate documentation to enable the code correction to be installed and to advise Customer of any operational differences known to B&L resulting from the code correction or work around, together with any resulting changes to the Documentation. 15.3 B&L will maintain and as necessary modify the Software so as to be compatible with later releases of the system software of the Customer computer systems on which the Software is designed to run. Copies of each new version of the Software (including revised Documentation) in replacement of copies installed with Customer will be supplied as soon as practicable after the notification by Customer of a new release of the relevant system software. 15.4 B&L will make available staff knowledgeable in the Software to respond to telephone or telefax queries by Customer during the hours of 9 am to 5 PM USA Eastern Standard Time, Mondays to Fridays (statutory or customary holidays in the USA excepted). B&L will use its best endeavors to provide a responsive service outside those hours. The service to be provided under this paragraph includes responding to queries on the operational use of the Software, assistance in identifying or verifying the causes of suspected errors or malfunctions in the Software, advice on work arounds to avoid the effects of identified errors or malfunctions where possible, information on errors previously reported to B&L, and advice on the features and capabilities of the Software. 15.5 At the request of Customer, B&L will provide on-site assistance by qualified staff as soon as possible after the Customer's request in case of emergency, and otherwise at mutually convenient times, to overcome any problems experienced in the installation and use of the Software which Customer is unable to resolve locally. For this service Customer shall pay B&L its prevailing day rate for a support person, plus reasonable travel and hotel expenses provided that all rates and expenses are approved by Customer. 15.6 B&L shall ensure responses to errors or defects in the Software reported by Customer and documented in accordance with reasonable fault reporting procedures to be provided by B&L, and complete the correction or operational avoidance of the error or defect (i.e. where the Software is demonstrated not to work in accordance with B&L's specifications) in accordance with the following schedule Error Priority (1) Response(2) Closure 3 Emergency (A) 4 hours 5 days Accepted for B&L by: Initials Date Accepted for Customer by: litials Date 0, Agreement: #037428-R1 Critical (B) Non -Critical (C) 1 day 20 days 20 days Next update Page. 6 Time starts to run from receipt by B&L of documentation of the fault, including a desc!iption of the event that caused the fault, and the Software involved, . However, if documentation received by B&L is incomplete, B&L must promptly identify errors or omissions in the documentation to the Agent (I) Priority Codes A Catastrophic system or module failures which prevent user processing and which do not have a viable detour or work around available B Problems that have been substantiated as a serious inconvenience to the user, including Priority A problems for which a temporary detour or work around is available C. Problems which the user can easily avoid or detour for which there is no urgency in resolution (2) Response Response consists of providing the following, in the following order of priority: an existing correction; a new correction against reported product level only; a viable work around; a reasonable request for more information to complete analysis of the problem, provided that for Priority A problems, B&L shall use its best endeavors to provide at least a viable work around within 24 hours. (3) Closure Closure consists of providing a final correction, including by way of update or maintenance release and revised or new Documentation as appropriate, or establishing that such closure is not practically possible. 16. MISCELLANEOUS 16.1 No modification or amendment to this Agreement shall be valid unless in writing signed by authorized representatives of the parties. 16.2 If any provision of this Agreement is held or determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. 16.3 The captions of the articles and sections of this Agreement are for the convenience of the parties only and shall not be considered in any interpretation of this Agreement. 16.4 In addition to the rights and obligations which survive as expressly provided for elsewhere in this Agreement, the provisions which by their nature should survive, shall survive and continue after any termination or cancellation of this Agreement and shall bind the parties, their successors, their permitted assigns and their legal representatives. 16.5 This Agreement constitutes the complete and final expression of the parties' agreement as to the subject matter hereof, and shall supersede all prior agreements, expressed or irhplied, whether oral or written, It may not be released/discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties. 16.6 This Agreement shall be governed by, and subject to, and construed in accordance with the laws of the, State of Florida in the United States of America. Accepted for B&L by: Accepted for Customer by: Initials Iitials Date _ Date 03- 422 Agreement: #037428-R1 Page. 7 16.7 This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall be one and the same instrument. SCHEDULEI License Fees** Initial List Net Serial License License License Product Number Date Fee Fee Net Totals CHARGES NX5822-32 BBARS Jan -98 0 0 0 BULIB Mar -99 0 0 0 BUROBO (robotic interface) Mar -99 0 0 0 BUVIEWER Mar -99 0 0 0 BUPACK Mar -99 0 0 0 BUSCHED Mar -99 0 0 0 BUDIST Mar -99 0 0 0 Total License Fees 0 0 0 ** The licenses for the NX5822-32 processor were originally purchased on Agreement D986742. The license fees paid were for a permanent license for the NX5822-32 processor. Accepted for B&L by: Initials Date Accepted for Customer by: Iitials Date 03- 422 Agreement: #037428-R) Page. 8 * To be billed January 1, 2004. *• To be billed January 1, 2005 ***To be billed January I, 2006 This Agreement is for the intial period beginning January 1, 2004 through December 31, 2004. The C muy. have tw�_L2j cute wear options to renew this .Ngreemett...,Tq_gxgrcise its_gption_ tq_ renew this Agreement the City will movide B&L. a renewal notification at least thi tv (301 &Xs prior to the ofdic tenn. Accepted for B&L by: Accepted for Customer by: Initials Iitials Date Date V3-- 422 Schedule 2 Period Covered Initial Period Optional Period Optional Covered 1 Period 2 1/1/04 - 111105- 1/1/06 - Product Processor 12/31/04* 12/31/05•* 12/31/06*** BBARS NX5822-32 15,234 15,996 16,796 BUDIST NX5822-32 7,934 8,331 8,748 BULIB NX5822-32 7,211 7,572 7,951 BULIB (Robotic Interface) NX5822-32 7,157 7,515 7,891 BUPACK NX5822-32 4,260 4,473 4,697 BUSCHED NX5822-32 9,125 9,581 10,060 BUVIEWER NX5822-32 2,699 2,834 2,976 Total 53,620 56,302 59,119 * To be billed January 1, 2004. *• To be billed January 1, 2005 ***To be billed January I, 2006 This Agreement is for the intial period beginning January 1, 2004 through December 31, 2004. The C muy. have tw�_L2j cute wear options to renew this .Ngreemett...,Tq_gxgrcise its_gption_ tq_ renew this Agreement the City will movide B&L. a renewal notification at least thi tv (301 &Xs prior to the ofdic tenn. Accepted for B&L by: Accepted for Customer by: Initials Iitials Date Date V3-- 422 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CA -12 TO: The Honorable Mayor and Members DATE : FILE of'fe City mmiss' ; n �� 2003 SUBJECT: Resolution on B & L p (�, Software Relicensing, Maintenance and Support FROM :e ArrioIa REFERENCES hi�ef Administrator/City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute the license agreement for proprietary software products with B&L Associates, Inc. for continued maintenance of its proprietary software for the Department of Information Technology. This relicensing, maintenance and product support shall be provided at an annual cost not to exceed $55,000. The option to extend the product support for two (2) additional one (1) year periods with yearly maintenance increases limited to no more than 4% per year is also respectfully requested. Funds are hereby allocated from account code no. 001000.460101.6.670. BACKGROUND: The Information Technology Department has been using BL/Lib, BL/Pack, and BL/Sched since 1984. These three products allow the Information Technology Department to log and keep track of tapes, archive and recover files, and automatically schedule jobs in a flexible, efficient, and effective manner. To complete our integration of system applications, we purchased BL/Robo, BLNiewer, and BL/Dist in 1996. These three products allow the Information Technology Department to retrieve tapes through the use of robotic technology and create user reports for reviewing and distribution with the use of a PC. It is necessary to receive software maintenance support from B & L Associates, Inc., as BL/Lib, BL/Robo, BLNiewer, BL/Pack, BL/Sched and BL/Dist software products being utilized by the City of Miami are solely owned by B & L Associates, Inc. B & L Associates, Inc., is the sole author and marketing agent for the products in North America and is responsible for all maintenance for the products. FISCAL IMPACT: NONE JA: :jeo a 03- 422 AGENDA BRIEFING FORM Agenda Date: 4/10/03 Department/Division: Information Technology Item No: Department Contact Name/Number: Jim Osteen 416-1511 Staff Meeting Date: Agenda Office Received: March 14, 2003 Summary/Description of Purchase: Proprietary Maintenance Agreement for B & L Software re -licensing maintenance and support. Prop Maint No. Description: 02-03-112 The Department of Information Technology has a need for B & L Software re -licensing and Maintenance in order to log and keep track of tapes, archive and recover files, and automatically schedule jobs in a flexible, efficient, and effective manner as it is sole manufacturer and distributor of the B & L Products. Type of Item: ® Resolution ❑ Ordinance ❑ Sole Source ❑ Emergency Ratification ❑ Public Hearing Item Contract Period Source of Item: ❑ Commission Directive ❑ Normal Purchase ® Contract Item Discussion Item 1 year OTR: 2 OTR Recommended Vendor(s) Ituran Florida Corp./Life Trak No. of Bidders Notified/MWBE Status: No. of Bids Receive/MWBE Status: Award/Contract Value N/A N/A $55,000 Total Value of Award/Contract (including value associated with potential OTR): AgeWaBref rm $55,000 03- 422 Budgetary Impact Analysis DepartmentDivision _ Commission Meeting Date: -A41 D 0—=2--_ Title and brief description of legislation or attached ordinance/resolution: 1. Is this item related to revenue? NO Y-, Yes ❑ (If yes, skip to item #4) 2. Are there sufficient funds in Line Item? CIP Project #: (If applicable) Yes: Index Code: -%teD1 O 1 Minor: nZ- Amount: �j� , C) C) No: Complete the following information.- 3. nformation:3. Source of funds: Amount budgeted in the line item: $ Balance in line item: $ Amount needed in line item: $ Ruffie.ient fiords will he transferred from the following line items: ACTION ACCOUNT NUMBER TOTAL Project NO./Index/Minor Object From $ From $ To $ To $ 4. Comments: APPROVALS V Dept. of Strateg' 1 i Bu e ' & Performance Date: 2'' Z-7" PQ3 Verified by CIP: (If applicable) Director/Designee Date: 03. 422 6&l ASSOCIATESTM 220 Reservoir Road, Suite 15 Needham, MA 02494 August 4, 2002 Mr. Jim Osteen City of Miami Department of Management & Budget Suite 546 444 SW 2nd Avenue Miami, FL 33130 Dear Jim: As per our previous conversations, this document is to serve as certification that B&L is the sole source supplier for maintenance and support for the B&L Products licensed to the City of Miami. These products are: BL/LIB, BL/LIB Robotic Interface, BL/SCHED, BL/PACK, BLNIEWER, BUDIST and BBars. This software mentioned above is developed and supported by B&L Associates and is not available from any other source. If you need further information, please contact me. Sincerelv. .v Leonard J. DiCarlo B&L Associates, Inc. BBL ASSOCIATES, INC. Voice: 781-444-1404 • Fax: 781-444-5805 • Email: info@bandl.com • Web Site: www.bandl.com 03- 422 AWARD PROPRIETARY MAINTENANCE 02-03-112 ITEM: B 8t L Software Re -Licensing and Maintenance DEPARTMENT: Information Technology TYPE OF PURCHASE: Contract for one (1) year with the option to extend the product support for two (2) additional one-year periods. REASON: The acquisition of continued B 81 L software re- licensing, maintenance, training, and product support from B 8T L Associates, Inc. is required to log and keep track of tapes, archive and recover files, and automatically schedule jobs in a flexible, efficient, and effective manner as it is sole manufacturer and distributor of the B 8t L products, and only it can maintain its own software. RECOMMENDATION: It is recommended that award be made to B at L Associates, Inc. approving the negotiation and execution of a relicensing, maintenance and product support agreement for the maintenance of its proprietary software in accordance with Chapter 18, Section 18-86 of Ordinance 12271, on a contract basis for a period of one (1) year, with the option to renew for two (2) additional one-year periods, for the Department of Information Technology, at an annual amount not to exceed $55,000, with annual maintenance increase(s) limited to no more than 4% per year; allocating funds therefore from Account Code No. 001000.280601.6.075. Michael A. Rath Acting Director of Purchasing Date AwardProprietaryMaintenance 03-- 422