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HomeMy WebLinkAboutR-03-0424J-03-329 04/28/03 RESOLUTION NO. 03- 424 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE SOFTWARE SYSTEM LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH DECISION SUPPORT, 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 $14,000, WITH AUTHORIZATION FOR ANNUAL MAINTENANCE INCREASES NOT TO EXCEED FOUR PERCENT (4%) PER YEAR; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS ACCOUNT CODE NO. 001000.460101.6.670, SUBJECT TO BUDGETARY APPROVAL. WHEREAS, the Department of Information Technology ("Information Technology") is seeking approval to execute an amendment to the Software System License Agreement, in substantially the attached form, with Decision Support, Inc. for continued re -licensing, training, maintenance, and product support of its proprietary software; and CITY COMMISSION MEETING CW MAY 0 F 2003 Resolu&n Earp, WHEREAS, Information Technology has used EZSPEC/DARGAL software products since 1992, as these products create ad-hoc query reports in an easy, user-friendly manner and also updates data records on-line using similar on-line screening as the ad-hoc reporting tool; and WHEREAS, it is necessary to receive all software maintenance support for the products from Decision Support, Inc., as the EZSPEC/DARGAL software products are solely owned and marketed by Decision Support, Inc.; and WHEREAS, funding for the re -licensing and maintenance of the EZSPEC/DARGAL software is allocated from Capital Improvement Program, Account Code 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. Page 2 of 4 03- 424 Section 2. The City Manager is authorizedll to execute an Amendment to the Software System License Agreement with Decision Support, 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, for an annual amount not to exceed $14,000, with annual maintenance increases not to exceed four percent (4%) per year, with funds allocated from Capital Improvement Project 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.' 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. zi 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- 424 PASSED AND ADOPTED this 8th day of May , 2003. ATTEST: "r- - F?w . I 'r -- I /INUEL A. DIAZ, MAYOR • PRISCILLA A. THOMPSON CITY CLERK APPROVED AS TO FORM AND CORRECTNESS:e NDRO VIL ATTORNEY 134:tr:AS: PAFM Page 4 of 4 03- 424 F' KUM : D'-tU I S 1 UN SUPNUK I 1 n-.. A3UMM66t Wf TO BOi!!"i'WAM BYB= LIC3MM! SAT 0 2838 Ilmeadmeat made and entered into as of April 1, 2003 by and between D=BIOA BUMMT MC. vompaLw-) and City of Miami, 710rida ( •1 This Amendment emends the Software System License Agreement between Supplier and Customer referenced above (the "Agreement") to add to or upgrade the software covered by the Agreement. Except as e3tpressly amended herein, the Agreement shall remain in full force and effect. The initial term of this Amendment shall be July 1, 2003 - June 30, 2004. The license may be automatically renewed annually by the customer beginning on the Annual Renewal Date July 1, for two successive one-year terms upon payment of maintenance fees, as outlined in Attachment A. 1. Section 6 of the Agreement and previous Addenda will be replaced with: FRICM CHANGES All maintenance fees are guaranteed for the initial 12 months from the Effective Date of the Amendment. Thereafter, Supplier may make increases, not to exceed 4% per year, by notifying Customer in writing at least 90 days prior to the effective date of such increase. Supplier further agrees that the maintenance fees charged Customer will not exceed the published fees paid by other Customers of Supplier for the same package. There will be no increase for the renewal period beginning July 1, 2005. 2. If there is any conflict between the provisions of this Addendum and the Agreement or any other addenda thereto, the provisions of this Addendum shall control. IN WITNESS WHEREOF, that parties hereto, each acting under due and proper authority, have caused this Amendment to be executed as of the day and year first above written as set forth by their respective signatures. ZrA (C USWmeft Autttorhod SOUMm) Name: Joe 602" (SbnatWA Printed Name) Title: CRY Manaa�r (sipnatery a Prkited Title) DSM: (t)ate 3ipned) sY d .Qiv ( s Authorized S�nattma) Name: PawVAndwftr (Sipna1ory08 Printed Name) Title: President (Si0►ratWS P611 Title) Dara: ,:as — 'A tqo (Date SWwM 03- 424 K - o3.23 7 NNW FROM :DECISION SLPPORT INC. FAX NO. :704-847-4875 Apr. 23 2003 04:03PM P3 Attachment A Page 1 of 1 3t=.=CXNU PRODUCT SC$=OLZ Amendment made and entered into ae of April 1, 2003 by and between DMCXSXON SUPPORT IMC. wows.-) and City of Niaml, ylarida (-cwt&k.,r) Licensed Camaater CPU style NX5802-32 CPU Serial 4 7145 Licensed eoft3W!R package: Product URSA infoSuite for A Series License Level 4 Limited Users 15 License Fee 84,480 Credit from: Previous License (70,400) TWAL MW Previous Discounts (14,080) LTC7dfsx FM DQa License Fee Due - $ 0 - $0.00 ML Ma Annual Fee July 1, 2003 TOM ANAL to $13,178.88 ppm June 30, 2004 $13,178.88 July 11 2003 July 1, 2004 - TOTAL AIRMAL to $13,706.04 1f71IDiR-jQ June 30, 2005 $13,704.04 Jaly 1, 2004 July 1, 2005 MAL AMM= to $13, 706.04 June 30, 2006 $13,706.04 Only 3, 2003 NOTMS: This amendment establishes the increase in maintenance fees for the July 1, 2003 and July 1, 2004 renewal period, 8 4% per year. There will be no increase for renewal. period July 1, 2005. 2aitialed by: (Customer) Initialed by: (Supplier) 03- 424 TO FROM CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM The Hon a r and m + rs the City ommissi n C� Jo I Arriola of Administrator/City Manager RECOMMENDATION: DATE: SUBJECT: REFERENCES ENCLOSURES: CArw14 APR 2 4 2�`F FILE Resolution on EZSPEC/ DARGAL Software Relicensing, Maintenance and Support 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 Decision Support 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 $14,000. The option to extend the product support for two (2) additional one (1) year periods with yearly maintenance increases limited to no m ore t han 4 % p er y ear i s a Iso r espectfully requested. Funds are hereby allocated from account code no. 001000.460101.6.670. BACKGROUND: The Information Technology Department has been using EZSPEC/DARGAL since 1992. EZSPEC/DARGAL allows the Information Technology Department to create ad-hoc query reports in an easy, user-friendly manner. Additionally, this software allows data records t o b e u pdated o n -line t hrough t he u se o f s imilar o n -line s creens a s the ad-hoc reporting tool; thus, increasing the timeliness of correcting records in an easy manner. It is necessary to receive software maintenance and product support from Decision Support Inc. as the EZSPEC/DARGAL software product being utilized by the City of Miami is solely owned by Decision Support Inc. Decision Support Inc. is the sole author and marketing agent for the product in North America and is responsible for all maintenance for the product. FISCAL IMPACT: NONE JA: :j eo 03- 424 Agenda Date: 4/10/03 Item No: AGENDA BRIEFING FORM Department/Division: Information Technology 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 EZSPEC/DARGAL software re- licensing maintenance, training and support. Prop Maint No. Description: 02-03-114 The Department of Information Technology has a need for EZSPEC/DARGAL Software re -licensing, maintenance, training and product support is required to create ad-hoc query reports in an easy, user-friendly manner in addition to allowing data records to be updated on-line through the use of similar on-line screens as the ad-hoc reporting tool. Type of Item: Source of Item: Recommended Vendor(s) Decision Support, Inc. ® Resolution ❑ Commission Directive ❑ Ordinance ❑ Normal Purchase ❑ Sole Source ® Contract Item ❑ Emergency Ratification Discussion Item ❑ Public Hearing Item Contract Period I year OTR: 2 OTR No. of Bidders Notified/MWBE Status: No. of Bids Receive/MWBE Status: Award/Contract Value N/A N/A $14,000 Total Value of Award/Contract (including value associated with potential OTR): AgendaBreftorrn $42,000 (annual maintenance increase limited to no more than 4%) 03— 424 Budgetary Impact Analysis Department Division Commission Meeting Date: I C) Title and b 'ef desc ption of le islation or attached ordinance/resolut;Qki: , J� 1. Is this item related to revenue? NO Yes ❑ (If yes, skip to item 94) 2. Are there sufficient funds in Line Item? CIP Project #: (If applicable) Yes: �, Index Code: 41OO\O\ Minor: 1p-?� Amount: 4? C) O 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 transferrer) frnm the fnllnwina line itPmc- ACTION ACCOUNT NUMBER TOTAL Project No./Index/Minor Object From $ From $ To $ To $ 4. Comments: /Designee APPROVALS Veri d by- Dept. yDept. of Strategicu get' & Performance Date: 1^Z�- 2,1Z lz� Date Verified by CIP: (If applicable) Director/Designee Date: FROM :DECISION SUPPORT INC. FAX NO. :704-847-4875 7eb. 19 2003 02:28PM P2 Post Office Sox 1058 • Matthews, NC 28106 DECISION S U P P O RT I N C 624 Matthews -Mint Hill Road, Suito 100 • Matthews, NC 26105 Intelligent Reporting Solutiong February 19, 2003 James Osteen City of Miami 444 S.W. 2"" Avenue Suite 546 Miami, FL 33130 Dear Mr. Osteen: Per our conversation this afternoon I wanted to document in writing that Decision Support Inc is a sole source vendor for the URSA infoSuite software, which includes the EZSPEC/DARGAL suite of products, running on the NX5802-32 s/n 7145. Licensing, maintenance and support for this software is provided by Decision Support Inc. If you have questions, please feel free to contact me. Thanks for your time and assistance. Sincerely, U/ 7eWinchester President (704) 845-1000 • Fax (704) 647-4875 • www.DocisionSupport.com 0,3— AWARD PROPRIETARY MAINTENANCE 02-03-114 ITEM: EZSPEC/DARGAL 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 EZSPEC/DARGAL software re -licensing, maintenance, training, and product support is required to create ad-hoc query reports in an easy, user-friendly manner in addition to allowing data records to be updated on-line through the use of similar on-line screens as the ad-hoc reporting tool. RECOMMENDATION: It is recommended that award be made to Decision Support, 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 $14,000, with annual maintenance increase(s) limited to no more than 4% per year; allocating funds therefore from Account Code No. 001000.46 0101.6.6 70. V Michael A. Rath Acting Director of Purchasing 21 l� Date 03- 424