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Home My WebLink AboutDocumentation_Regular_Tab 22_04/10/2008y 1. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: 4/10/08 Meeting Type: Regular Ordinance #: ~li~;;k here to enter text. Consent Agenda: No Resolution #: 21-08 Originating Department: Clerk, Police and IT 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Resolution 21-08, Amending 2007/2008 General Fund Budget by Appropriating $10,466.00 of Unreserved, Undesignated Fund Balance to Purchase Mimosa Email Archive Management System to monitor and archive the Village's electronic mail to ensure compliance with state retention laws and regulations 3. BUDGET /FINANCIAL IMPACT: Account #: 001-160-546.320 Amount of this item: $10,466 Current Budgeted Amount Available: $ 0 Amount Remaining after item: $10,466 Budget Transfer Required: Yes Appropriate Fund Balance: Yes 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Click here to enter text. 5. APPROVALS: . ~~~ ~~~~ Dept. Head. Attorney: (for legal sufficiency) Village Manager: ~T • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: Finance Director:< f 7 `~L~ r, Yes ^ No ^ • DENY ITEM: ^ MEMORANDUM Village of Tequesta Clerk's Office TO: Michael Couzzo, Village Manager FROM: Lori McWilliams, Village Clerk \~ Chief William McCollom Brad Gomberg, IT DATE: March 28, 2008 SUBJECT: Email Archive Management System -Mimosa Nearpoint Through a coordinated effort between the Village Clerk's Office, the IT Director and the Chief of Police, we have found a software program (Mimosa Nearpoint) to archive Village email. Email which is created or received by an employee in connection with the transaction of official business is considered a public record and is subject to applicable state retention laws and regulations, unless expressly exempted by law. Existing issues: • Exchange message storage is at approximately 60% capacity and is estimated to reach full capacity within 1-2 years • Exchange server runs at double the processing load by having to create two copies of every email message • The email retention period was decreased (1 year maximum) due to the increased storage load • There is no way to guarantee record request export results are 100% due to lack of sufficient eDiscovery tools • No live system redundancy of the exchange system • Disaster recovery at present time would be extremely time consuming • There is no attachment-centric search capability making internal auditing and monitoring cumbersome Mimosa Nearpoint Solution: • Will eliminate the need for a journaling account and offers offload capability, thereby reducing the size of the live store by 90% • The exchange server will no longer be required to create two copies of every message as Nearpoint integrates with the messaging system to "pull" replica's of messages into its database. This has no impact on the exchange processing load. • We can guarantee almost infinite retention, which would only be limited by disk size. • Nearpoint Mimosa offers a very advanced eDiscovery application to define specific search criteria and guarantee exported results (public record requests) • Completely redundant system with an exact replica of all exchange data • Live disaster recovery solution is built into Nearpoint • Attachment-centric search capability, allowing granular audits of email In layman's terms, the system will reduce the impact on the Village's server system, create a safe and secure storage point for all email transmittals, provide an advanced search and filter mechanism to review specific documents and/or attachments based on search criteria (public record requests), allows for enhanced monitoring of incoming/outgoing email transmissions, and enables quick and efficient recovery of data in the event of a natural disaster. After careful consideration, we believe it is necessary to move forward with implementing software to manage, monitor and archive the Village's electronic mail to ensure compliance with state retention laws and regulations. Therefore, we request $10,534 from Appropriation. RESOLUTION NO. 21-08 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE 2007/2008 GENERAL FUND BUDGET BY APPROPRIATING $10,466.00 OF UNRESERVED, UNDESIGNATED FUND BALANCE FOR THE PURCHASE OF MIMOSA EMAIL ARCHIVE MANAGEMENT SYSTEM AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE DOCUMENTS ON BEHALF OF THE VILLAGE PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta seeks to ensure compliance with state retention laws and regulations regarding email archival and retention.; WHEREAS, This expenditure will be budgeted into account number 001-160- 546.320. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 Resolution No. 21-08 is hereby approving amending the 2007/2008 General Fund Budget by appropriating $10,466.00 of unreserved, undesignated Fund Balance for the purchase of Mimosa Email Archive Management System and authorizing the Village Manager to execute the applicable documents on behalf of the Village of Tequesta; Section 2 This Resolution shall become effective immediately upon passage. FISCAL YEAR BA # 2008 Village of Teguesta Budget Amendment Request JE # Increase: Department: GENERAL GOVT Original Budget _ Account: COMPUTER SYST MAINT&SUPP Account #: Balance Available Transfer Amount 001-160-546.320 New Balance Available $ 0.00 $ 0.00 $ 10,466.00 $ 10,466.00 Justification /Comments: FUNDING FOR PURCHASE OF E-MAIL ARCHIVE MANAGEMENT SYSTEM Department: Account: _ Original Budget Balance Available Account #: Transfer Amount New Balance Available $ 0.00 $ 0.00 $ 0.00 $ 0.00 Justification /Comments: Department: Account: _ Original Budget Balance Available Account #: Transfer Amount New Balance Available $ 0.00 $ 0.00 $ 0.00 $ 0.00 Justification /Comments: Department: Account: Account #: Original Budget Balance Available Transfer Amount New Balance Available $ 0.00 $ 0.00 $ 0.00 $ 0.00 Justification /Comments: Increase:...:. Department: RESERVES Account: APPROPRIATE FUND BALANCE Account #: 001-990-399.999 Original Budget Appropriated to Date Appropriation Request New Appropriation to Date $ 0.00 $ 40,237.00 $ 10,534.00 $ 50,771.00 Justification /Comments: FUNDING FOR PURCHASE OF E-MAIL ARCHIVE MANAGEMENT SYSTEM Department: Account: _ Original Budget Balance Available Account #: Transfer Amount New Balance Available $ 0.00 $ 0.00 $ 0.00 $ 0.00 Justification /Comments: Department: Account: _ Original Budget Balance Available Account #: Transfer Amount New Balance Available $ 0.00 $ 0.00 $ 0.00 $ 0.00 Justification /Comments: Department: Account: _ Original Budget Balance Available Account #: Transfer Amount New Balance Available $ 0.00 $ 0.00 $ 0.00 $ 0.00 Justification /Comments: Approvals: Department Head: ~ ~ Finance Approval: Village Manager Approval: o,~,, ~- ,d`~_- Village Council Approval: Resolution Number Date: ~ ~~ Date: .-,~ ~'°" Dater ~ Date: ORDER FORM MIMOSA SYSTEMS PO Number PO Date 3200 Coronado Drive Tel: (408) 970-9305 Account Re Louie Miranda Santa Clara, CA 95054 Fax: (408) 970-9299 www.mimosasyslems-com ~ Customer The Village of Tequesta r Address 345 Tequesta Drive Tequesta FL, 33469 Contact Brad Gomberg Title IT Director Tel 561-744-4055 Email bgomberg@tequesta.org .. .-. QTY. Software Part Number Unit List Price Subtotal 1 Mimosa NearPoint for MS Exchan a Solution - 100 Mailboxes MNE-SOLCAL100 $ 7,470.00 $ 7,470.00 1 Mimosa NearPoint for MS Exchan a Solution - 50 Mailboxes MNE-SOLCAL50 $ 4,500.00 $ 4,500.00 1 Mimosa NearPoint eDiscove O lion - 100 Mailboxes MNE-EDCAL100 $ 2,990.00 $ 2,990.00 1 Mimosa NearPoint eDiscover O lion - 50 Mailboxes MNE-EDCAL50 $ 1,800.00 $ 1,800.00 Product Subtotal $16,760.00 100%DISCOUNT FOR ED OPTION VALID UNTIL 12/31/07 100% $4,790.00 ADDITIONAL DISCOUNT VALID UNTIL 12131/07 40% $4,788.00 Product Subtotal $7,182.00 Oty. Maintenance & Support Term Rate Part Number Unit Price Subtotal Mimosa NearPoint for MS Exchange Solution - 100 Mailboxes - 1 Annual Premium Maintenance and Support, due for renewal at at 20% 1 YR 20% MNE-SOLCAL100-PM $1,494.00 $1,494.00 the same rate after the 12th month Mimosa NearPoint for MS Exchange Solution - 50 Mailboxes - 1 Annual Premium Maintenance and Support, due for renewal at at 20%, 1 YR 20 % MNE-SOLCAL50-PM $900.00 $900.00 the same rate after the 12th month Mimosa NearPoint eDiscovery Option - 100 Mailboxes -Annual 1 Premium Maintenance and Support, due for renewal at the same at 20% 1 YR 20 % MNE-EDCAL100-PM $598.00 $598.00 rate after the 12th month Mimosa NearPoint eDiscovery Option - 50 Mailboxes -Annual 1 Premium Maintenance and Support, due for renewal at the same at 20% 1 YR 20% MNE-EDCAL50-PM $360.00 $360.00 rate after the 12th month Maintenance & Sup port $3,352.00 Total (USD) $10,534.00 By executing Order Form, Customer/End User acknowledges that the End User License Agreement attached hereto are incorporated into and made part of, and constitutes an agreement between the parties. To the extent the specific terms of this Order Form conflict with the End USer License Agreemem, the terms of End User License Agreement wiill apply. Accepted by: Accepted by: Effective Date Mimosa Systems, Inc. Date Name: Title: Mimosa Systems, Inc. Confidential 12/27/2007 Page t USER LICENSE AGREEMENT (1 0/1 2120 0 5) )SA NEARPOINT n FOR MICROSOFT® EXCHANGE SERVER This Software License Agreement (the "Agreement") is a legal agreement between you (either an individual or an entity) ("End User") and Mimosa Systems, Inc. ("Mimosa") regarding the use of the Mimosa NearPointT'" for Microsoft®Exchange Server SOFTWARE which includes user documentation provided in electronic form (together, the "Software"). BEFORE YOU CLICK ON THE "I ACCEPT AND AGREE" BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "I ACCEPT AND AGREE" BUTTON, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DECLINE" BUTTON AND THE SOFTWARE W ILL NOT BE INSTALLED ON YOUR COMPUTER. IF YOU DO NOT INSTALL THIS SOFTWARE PROMPTLY RETURN THE SOFTWARE TO THE VENDOR FROM WHOM YOU OBTAINED IT. This Agreement governs use of the Software and any updates to the Software, regardless of how it was delivered to the End User. 1. Software License. The Software is a collection of numerous software components and documentation, some of which are owned by Mimosa and referred to as the °Mimosa Software" and other third-party components which are subject to various license agreements. (a) For the Mimosa Software, each End User is granted anon-exclusive, non-hansferable, non-sublicensable right and license to install and use one (1) copy of such Mimosa Software for End User's internal purposes on a single machine (designated as the NearPoint Server in the accompanying confirming email seM by Mimosa ("Aceeptance'~) for a number of mailboxes not to exceed the number of mailboxes indicated in the accompanying Acceptance (also referred to as the "Mailbox Court Limit" or "MCL"),for any specified license subscription period indicated in the Acceptance. The Mimosa Software cannot be distributed wthout the prior written permission of Mimosa and cannot be copied, except as necessary for back-up purposes. End User may not itself or knowingly albw a third party to remove, alter, or obscure any proprietary notices contained on or within Mimosa Software and shall reproduce such notices on any permitted copies of Mimosa Software. End User acknowledges that the scope of the licenses granted hereunder do not permit End User (and End User may not knowingly allow any third party) to: (i) create derivative works of, copy, alter or in any way modify Mimosa Software (except to the extent that such restrictions not permitted under applicable law); (ii) translate, decompile, disassemble, reverse compile, reverse engineer, interrogate, or decode Mimosa Software or in any other manner reduce the Mimosa Software to human perceivable form (except [o the extent that such restrictions are not permitted under applicable law); (iii) bypass or delete any copy protection methods that are for preventing unauthorized copying or use of Mimosa Software; or (iv) electronically distribute, timeshare, provide as a commercial hosted service or service bureau, market by interactive cable or remote processing services the Mimosa Software; or (v) use Mimosa Software except as set forth in this Agreement. Mimosa reserves all rights in Mimosa Software not expressly granted herein. This ,Agreement entitles End User to delivery of the object code farm of the Software as indicated in the Acceptance. The source code for the Software is the confidential information and trade secret of Mimosa '.and End User shall not use or disclose the same without the express written permission of Mimosa. (b) Components of the Software that are not Mimosa Software are licensed by Mimosa from third-parties under various other licenses, including but no[ limited to Mozilla licenses. If End User does not agree to abide by the applicable license terms, which are included within this agreement, for any such programs, then End User may not be permitted to install or use them. (c) The Software includes code called "pbcketSOAP" provided under the terms of the Mozilla Public License Version 1.1. Mimosa has not modified this software. "The contents of such file are subject to the Mozilla Public License Version 1.1 ("Mozilla 1.1 Ucense"); you may not use such code except in compliance with such license. You may obtain a copy of the License at httpJ/www.mozilla.orglMPU . Software distributed under [he "Mozilla 1.1 License" is distributed on an "AS IS" basis, W ITHOUT WARRANTY OF ANY KIND, either express or implied. See the Mozilla 1.1 Ucense for specific language governing rights and limitations under the "Mozilla 1.1 License." For ttrose components subject to Mozilla license for a period of one (1) year following End User's receipt of the Software, End User may contact Mimosa at the address below in writing and request a copy of the source code for such Mozilla software. 2. Ownership. The Software and each of its components, including the source code, documentation, appearance, structure, and organization are owned by Mimosa and others and are protected under copyright and other laws. Title to the Software and any component, or to any copy, modification, or merged portion shall remain with the aforementioned, subject [o the licenses described above. The Mimosa Systems, Mimosa, Mimosa NearPoint, NearPoint, One Pass Protection, and NearPoint Deployment Advantage, trademarks arvi associated logos are the trademarks of the Mimosa and its affiliates. This agreement does not permit End User to use the Mimosa trademarks. Ali other trademarks are the property of [heir respective owners. 3. Limited W arranty. EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT OR A LICENSE FOR A PARTICULAR COMPONENT, TO THE MAXIMUM EXTENT PERMn7ED UNDER APPLICABLE LAW, THE SOFTWARE AND RELATED SERVICES (IF ANY) ARE PROVIDED AND LICENSED AS IS WfTH ALL FAULTS AND MIMOSA, ITS AUTHORIZED DEALERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS, LACK OF NEGLIGENCE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MIMOSA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE END USER'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR APPEAR PRECISELY AS DESCRIBED IN THE ACCOMPANYING DOCUMENTATION. Mimosa warrants that the media, 'rf any, on which the software is furnished will be free from defects in materials and manufacture under normal use for a period of thirty (30) days from the date of delivery to End User. This warranty extends only to the End User who receives the software directly from Mimosa or its authorized distributor. Mimosa's emire IiabiNty, and End User's sole remedy, shall be: if the Software media is defective, End User may return it within thirty (30) days of delivery along wi1Fi a copy of the End User's payment receipt to the vendor from whom it was obtained for replacement of the media. This Agreement does not grant End User a right to a refund. Unless Mimosa has agreed in a separate wdting to provide installation services, End User shall be solely responsible for installing the Software. 4. Limitation of Remedies and Uability. End User assumes sole responsibility for decisions pertaining to suRability of the Software to meet the objectives w to perform specific tasks. Any statements made by any Mimosa representatives do not supersede this Agreement. End User may link to third-party sites though the Software, Mimosa and its licensors are not responsible for any content, data or software accessed from such third-party sites. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIMOSA ,ITS AUTHORIZED DEALERS AND LICENSORS W ILL NOT BE LIABLE TO END USER FOR ANY SPECIAL, INCIDENTAL, PUNRIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, COST OF COVER, LOST OPPORTUNRIES, LOST SAVINGS, OR LOST DATA, CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY AND FAILURE TO MEET ANY DUTY INCLUDING GOOD FAITH AND REASONABLE CARE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, HOWEVER CAUSED ON ANV THEORY OF LIABILITY (INCLUDING NEGLIGENCE) EVEN IF MIMOSA, ITS AUTHORIZED DEALERS, OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MIMOSA'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF U.S. $100. END USER ACKNOWLEDGESTHAT THE AGREEMENT REFLECTS AN ADEQUATE AND ACCEPTABLE ALLOCATION OF RISK, AND THAT THE REMEDIES SET FORTH ABOVE SHOULD APPLY NOTWITHSTANDING THE FACT THAT THEY MAY FAIL THEIR ESSENTIAL PURPOSE. MIMOSA SHALL HAVE NO LIABILITY FOR HARDWARE, DEPENDENT SOFTWARE, OR OTHER ISSUES BEYOND ITS CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE I.AW, THE REMEDIES DESCRIBED ABOVE CONSTITUTE END USER'S ONLV REMEDIES FOR ANY BREACH UNDER THIS AGREEMENT. 5. Export Control. As required by U.S. law, End User represents and warrants that it: (a) understands that the Software is subject to export conVOls under the U.$. Commerce Department's Export Administration Regulations ("EAR"); (b) is no[ located in a prohibited destination country under the EAR or U.S. sanctions regulations (curcentry Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria); (c) will not export, re-export, or transfer the Software to any prohibited destination, entity, or individual without the necessary export license(s) or authorizations(s) from the U.S. Government; (d) will not use or transfer the Software for use in any sensitive nuclear, chemical or biological weapons, or missile technology end-uses unless authorized by the U.S. Government by regulation or specific license; and that d (e) understands and agrees that iF it is in the UnRed Stales and exports or transfers the Software [o eligible end users, ii will, comply with all U.S. and foreign applicable export laws. Mimosa Systems, Inc. Confidential 12/27/2007 Page 2 Term and Termination. Unless terminated earlier as set forth herein, this Agreement will remain effective for the period (1) as indicated in the Acceptance for the Software, or (2) the term specified for the oftware Maimenance and Support kem on the Acceptance. The start of this period is the date that the Mimosa Software is shipped (including by email) from Mimosa or its authorized distributors. The End ser may terminate this Agreement by removing the Software from End User's computers, ceasing all use of, and destroying all copies of the Software. Any breach of [his Agreement by End User will resuk the immediate and automatic termination of this Agreement and licenses granted by Mimosa herein, and End User shall cease all use of and destroy atl copies of the Mimosa Software. In addition to rmination, Mimosa will have the right to pursue any other remedies available to it under law. From time to time during the term of this Agreement, Mimosa may send re-authorization insWCtions for the oftware and End User will be required to re-authorize the Software in accordance with such instructions provided by Mimosa at that lime, or the Software may become disabled. Agreement Update/Modifications. This Agreement may be modified upon the delivery of any updates or upgrades to the End User. In such an event, the terms and conditions of this Agreement are awed and superseded by such subsequent agreement authorized by Mimosa and consented to by End User. Except as otherwise provided above, this Agreement may not be modified or waived except in writing signed by both parties. General. End User acknowledges and agrees that Mimosa may upon reasonable notice to End User, audit or cause a third party to audk your use of Software to determine compliance with the terms this greemen[ k any provision of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This Agreement is the only agreement between you and Mimosa kh respect to the Software and'rf any portion of this agreemem is found to be invalid, or not legal, all other terms will continue as valid and legal. This Agreement shall be governed by the laws of the State 'California and of the Untied Stales, without regard to any conflict of laws provisions, except that the UNRED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT PPLY. End User and Mimosa agree to bring any claims arising out of, or related to this Agreement in the state or federal courts located in the Northern District of Calrfornia, and that End User and Mimoss free and submit to the personal and exclusive jurisdiction and venue of these courts. If the End User has any questions about this Agreement or desires to contact Mimosa, please send inquiries to: Mimosa Systems, Inc., 3200 Coronado Drive Santa Clara, CA 95054 When requesting open source software, please address to °Attn: Open Source" For all other inquiries, please address to "Attn: End User Inquiry" Mimosa may also be reached though its web site www.mimosasystems.com. d third party copyright notices: include MICROSOFT SOL SERVER 2000 DESKTOP ENGINE REDISTRIBUTABLE CODE, Copyright ©1999-2002 Microsoft Corporation. include MICROSOFT Visual Studio REDISTRIBUTABLE CODE, Copyright ©1999-2004 Microsoft Corporation include Icon Experience REDISTRIBUTABLE CODE, Copyright ®2001-2003 INCORS GmbH -All rights reserved. include dtSearch REDISTRIBUTABLE CODE, Copyright ©dtSearch Corp. include MimeType REDISTRIBUTABLE CODE, Copyright ®2003 Jeff Lee. All rights reserved. include PocketSOAP originally developed by Simon Fell. Portions created by Simon Fell are Copyright (C) 2000-2003 Simon Fell. All Rights Reserved. Contributor(s): David Buksbaum include DynaZip REDISTRIBUTABLE CODE, Copyright m 1998 - 2003 Inner Media, Inc. All Rights Reserved. include RTF-2-HTML REDISTRIBUTABLE CODE, Copyright EasyByte Software Corporation Ltd. include RoboHelp REDISTRIBUTABLE CODE, Copyrighl©1998-2003 eHelp®Corporation. All rights reserved. license management portion of Mis Licensee Application is based on: iinelLM' ©1989-2005 SafeNet, Inc. All rights reserved. Sentinel is a registered' hademark of SafeNet, Inc. Mimosa Systems, Inc. COrdidential 12/27/2007 Page 3