HomeMy WebLinkAboutR-03-0423J-03-330
04/28j03
RESOLUTION NO. 03- 423
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE THE PRODUCT MAINTENANCE
SCHEDULE ADDENDUM TO THE MODIS SOFTWARE
LICENSE AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH MODIS
SOLUTIONS, 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 $56,000,
WITH ANNUAL MAINTENANCE INCREASES NOT TO
EXCEED FIVE PERCENT (50) 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 to execute a Product
Maintenance Schedule Addendum to the Modis Software License
Agreement, in substantially the attached form, for continued
maintenance of XGENjCP and XGUI software from Modis Solutions;
and
WHEREAS, Information Technology has used XGEN software for
program development and maintenance since 1988 as the software is
used on all application systems to effectively and efficiently
create program codes; and
i
r. :DiF�s'
m0ym raisla
CITY COMMISSION
MIE E TING OF
MAY 0 !S' 2003
Resolution Np.
03- 423
WHEREAS, Information Technology acquired the XGUI product as
a sole source in 1998 to allow the development of applications
for the client -server platform with a graphical user interface;
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:
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 authorized!' to execute
the Product Maintenance Schedule Addendum to the Modis Software
License Agreement
("Agreement"),
in substantially the
attached
form, with Modis
Solutions for
continued re -licensing,
training,
maintenance and product support of its proprietary software,
XGEN/CP and XGUI, for the Department of Information Technology,
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.
Page 2 of 3
03- 423
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 $56,000, with annual maintenance increases not to
exceed five percent (5%) 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
PASSED AND ADOPTED this
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
8th day of May , 2003.
4NOU&a4p
EL A. DIAZ,MAYO
APPROVED AS TO FORM AND CORRECTNESS
JJ 1•
ANDRO VILA
ATTORNEY
7135:tr:AS
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 3 03- 423
Modis Solutions ("Modis")
Product Maintenance Schedule
For City of Miami ("Customer")
1) Software Licenses Issued :
XGEN/CP Development /Production License for NX4822-32 (includes twelve (12) user
XGEN/32 License)
ClientView Builder (f.k.a.) Visual XGEN (XGUI) Enterprise -Wide License
2) Initial Term:
YEAR 1 TOTAL $ 43,078 October 1. 2003 through September 30, 2004.
Annual Maintenance Expiration Term: September 30 of each year. The City may have two
options to extend this Agreement for one year terms as follows:
YEAR 2 TOTAL* $ 45,232 October 1. 2004 through September 30, 2005
YEAR 3 TOTAL* $ 47,494 October 1. 2005 through September 30, 2006
* Annual maintenance amounts for years 2 through 3 reflect a five- (5) percent
maximum increase.
Renewal Billing Note: On-going (new renewal period) maintenance will be billed to
Customer one month prior to the current period expiration date. Payment is due in
advance of the new renewal period ('net 30' day terms).
The maintenance fees listed above only apply to the following licensed hardware.
3) Licensed Hardware:
Processor(s): 1. NX4822-32
4) Location of Licensed Equipment:
Information Technology Division
Miami Riverside Center
444 SW 2nd Avenue, 5th Floor
Miami, FL 33130
Serial Number
03- 423
Product Maintenance Schedule 1
Addendum to Modis Software License Agreement
�N
i
5) Except as expressly amended herin, the provisions of the Modis Software License
Agreement shall remain in full force and effect and is incorporated herein.
Authorization:
CUSTOMER
Authorized Signature
Joe Arriola, City Manager.
Printed Name and Title
Date
Attest:
Priscilla A. Thompson, City Clerk
Approved as to Form and Correctness:
Alejandro Vilarello, City Attorney
Approved as to Insurance Requirements:
Diane Ericson, Risk Manager
MODIS
Authorized Signature
Mark Vance, Managing Director
Printed Name and Title
Date
Product Maintenance Schedule 2
Addendum to Modis Software license Agreement �• kala
03-- 423
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorabl \ and Members
the City mmission
oeArriola
f Administrator/City Manager
RECOMMENDATION:
CA -13
DATE: APR L 4 2003 FILE :
SUBJECT: Resolution on XGEN/CP
and XGUI Software
Relicensing, Maintenance
REFERENCES: and Support
ENCLOSURES:
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 Modis Solutions, 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 $56,000. The option to extend
the product support for two (2) additional one (l.) year periods with yearly maintenance
increases limited to no more than 5% 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 XGEN software, (a Fourth
Generation Language) for program development and maintenance since 1988. The
XGEN software is used on all applications systems to efficiently and effectively create
program code. Additionally, the XGUI product was purchased in 1998 to allow the
Information Technology Department to develop applications for the client -server
platform with a graphical user interface (GUI). This GUI format with XGEN code
enables applications to be coded quickly and efficiently for the new PC environment. It is
necessary to receive software upgrade, relicensing, maintenance, training and product
support from Openware Technologies, Inc. as the XGEN/CP and XGUI software
products to be utilized by the City of Miami are solely owned by Openware Technologies,
Inc. Openware Technologies, Inc. is the sole author and marketing agent for these
products in North America and is responsible for all maintenance for the products.
FISCAL IMPACT: NONE
JA: :jeo
03- 423
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 XGEN/CP and SGUI software re-
licensing maintenance, training and support.
Prop Maint No. Description: 02-03-113
The Department of Information Technology has a need for XGEN/CP AND XGUI Software re -licensing, maintenance,
training and product support is required for program development and to allow the department to develop applications for
the client -server platform with a graphical user interface (GUI).
Type of Item:
Source of Item:
®
Resolution
❑
Commission Directive
❑
Ordinance
❑
Normal Purchase
❑
Sole Source
®
Contract Item
❑
Emergency Ratification
Discussion Item
❑
Public Hearing Item
Contract Period 1 year
OTR: 2 OTR
No. of Bidders Notified/MWBE Status:
N/A
Recommended Vendor(s)
Modis Solutions
No. of Bids Receive/MWBE Status: Award/Contract Value
N/A $56,000
$168,000(annual
Total Value of Award/Contract (including value associated with potential OTR): maintenance increase
limited to no more than 5%)
AgendaBrefrorm
03- 423
Budgetary Impact Analysis
Department ���� Division
Commission Meeting Date: :'1 l (] � c)r--]!:>
Title and brief des-. tion of legislation r attached ordir}ance%sol�u`t�on
�0CN�C� X�v�,
1. Is this item related to revenue? NO Yes ❑ (If yes, skip to item #4)
2. Are there sufficient funds in Line Item?
CIP Project #: (If applicable)
Yes: L Index Code: -+U0 t O t Minor: -c � C) Amount: -'ffP5 to , p 0Q
No: Complete the following information:
3. Source of funds: Amount budgeted in the line item: $
Balance in line item: $
Amount needed in line item: $
Sufficient funds will be transferred from the followinor line item -.-
ACTION ACCOUNT NUMBER
TOTAL
Project No./Index/Minor Object
From
$
From
$
To
$
To
$
4. Comments:
Director/DesigneeDate
M�'
ept. of Strategic Pl;
Performance
APPROVALS
Date:
1�z7
Verified by CIP: (If applicable)
Director/Designee
Date:
03— 423
mods.
Tuesday, August 06, 2002
Ms. Dawn Shelton
City of Miami
Information Technology Division
Miami Riverside Center
444 SW 2"d Avenue, 5h Floor
Miami, FL 33130
Re: XGEN & Client View Builder Annual Maintenance Renewal
Dear Dawn:
Over the years, Modis Solutions has served your organization by providing software
development tools and various information technology consulting services. We value the
business relationship we have shared in the past and are looking forward to providing the same
high quality service for you in the future.
Pursuant to your request for pricing regarding the maintenance of the Modis Solutions XGEN
and Client View (f.k.a. XGUI) software for the period October 1, 2002 through September 30,
2003, the fees below will apply:
XGEN Development/Production for NX4822-32,12 User XGEN/32 Development and
ClientView Builder (LLa. XGUI) annual maintenance pricing for the for the period October 1,
2002 through September 30, 2003 is S 43,078 as per the product maintenance schedule dated
February 23, 1999.
The license and maintenance fees provided above are consistent with our pricing policies and no
other customer using comparable platforms shall be provided pricing which is less than above.
Modis Solutions is the sole owner, author and marketing agent for XGEN in North America and
is responsible for all maintenance, support and development for the product.
Please feel free to contact me at (850) 877-7541 or email tom.causseauxAmodisit.com if you
have any questions.
Sincerely,
Tom Causseaux
Senior Business Development Manager
03- 423
UTUX11
PROPRIETARY MAINTENANCE 02-03-113
ITEM: XGEN/CP and XGUI 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 XGEN/CP and
XGUI software re -licensing, maintenance,
training, and product support is required for
program development and to allow the
department to develop applications for the
client -server platform with a graphical user
interface (GUI).
RECOMMENDATION: It is recommended that award be made to
Modis Solutions, 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 $ 56,000, with annual
maintenance increase(s) limited to no more than
5% per year; allocating funds therefore from
Account Code No. 00 1000. 460101.6.6 70.
Michael A. Rath
Acting Director of Purchasing
eA(ZI�
Date
03- 423