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Home My WebLink AboutDocumentation_Regular_Tab 10D_03/04/1999~~ f Village of Tequesta Memo To: Thomas G. Bradford, Village Manager From: Stephen J. Allison, Chief of Police.~~ 2 Connie Holloman, Finance Director ~~ti Subjet: Computer Software Purchase Date: February 25, 1999 On November 8, 1998, the Village of Tequesta advertised in the Palm Beach Post requesting proposals for the purchase of Municipal Information Systems. We received nine requests for our thirty-seven (37) pages of specifications and three vendors returned completed responses. At the January 14, 1999 Council meeting we requested authorization to negotiate with HTE, Inc.'s CitySoft to provide software for the Village. We were unable to successfully negotiate a contract due to delivery and scheduling conflicts. We then entered negotiations with Micro Arizala Systems, Inc. for the purchase of FundBalance32. We have finalized those negotiations, and request that you receive authorization to sign a contract to purchase FundBalance32 software and license fees, training, conversion of data, project management, cash drawers and annual support for one year. The total purchase will not exceed $70,000. Payment for this contract will be through a five year lease purchase program. The FY98/99 water fund budget includes an allocation of $24,000 for the first year lease purchase payment. Mr. Randolph has reviewed the contract for legal form and sufficiency and all of his comments will be incorporated into this agreement. As separate agenda items we are seeking approval for the purchase of computer hardware and a lease purchase agreement at the March 4, 1999 meeting. Supporting documentation attached. RESOLUTION NO. 21-98/99 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING LICENSE WITH MICRO ARIZALA SYSTEMS, INC. OF ANN ARBOR, MICHIGAN FOR THE PURCHASE OF FUNDBALANCE 32 SOFTWARE IN AN AMOUNT NOT TO EXCEED $70,000 AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: _ The License with Micro Arizala Systems, Inc. attached hereto as Exhibit "A" and Incorporated by Reference as Part of this Resolution is Hereby Approved and the Village Manager of the Village of Tequesta is Authorized to Execute the Same on Behalf of the Village. :E FOREGOING RESOLUTION WAS OFFERED by Councilmember who moved its adoption. The motion was seconded Councilmember and upon being put to vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION he Mayor thereupon declared the Resolution duly passed and adopted his 4th day of March, A.D., 1999. MAYOR OF TEQUESTA Elizabeth A. Schauer TTEST: Joann Manganiello Village Clerk 0\Resolution\CompSoftware Bid ^ Feb-19-99 10:45A Proposal For FundBalance32 Software, Service & Training ' Presented By: Mlcro Arizala Systems, Inc. Ann Arbor, MI Questions may be addressed to: Colleen Killeen/Barb Craig Phone: 1.800457-FUND ext: 616 353-04571 Ext 2?2 Presented To: village of Tequesta Quote Issued Attn: Connie Hodoman Valid Until productlServiice us.ra Appgcuo„ u aril. u~ Copt TOf'al Accounts Payable 3 $2,495.00 $300.00 2,795.00 Accounts Receivable 2 $2,495.00 $150.00 2,645.00 Business Licensing 1 $2,995.00 $0.00 2,995.00 Cash Receipts 4 $2,495.00 $450.00 2,945.00 Consolidated Reporting 3 $2,495.00 $300.00 2,795.00 Crystal Reports 5 $1,900.00 $0.00 1,900.00 Fixed Assett 1 $2,495.00 $0.00 2,495.00 General Ledger 5 $2,995.00 $600.00 3,595.00 Payroll 2 $3,495.00 $150.00 3,645.00 Purchase Orders 1 $2,495.00 $0.00 2,495.00 Gun -Scanning System CR ~ BL 2 $1,950.00 $1,950.00 3,900.00 Utility Billing 4 $3,495.00 $450.00 3,945.00 Utility Billing Intertace t $2,495.00 $0.00 2,495.00 Software Subtotal 36,645.00 Multiple Application Discount - t 0°ib -$3,864.50 Software Totai $34,780.50 Maintenance Plan (2096 of software) $7,729.00 Trainata - On Site Per Da y Cost ~ of Days Tote! Installation $700.00 1 $700.00 Accounts Payable $700.00 1 $700.00 Accounts Receivable $700.00 1 $700.00 Business Licensing $700.00 1 $700.00 Cash Receipts $700.00 1 $700.00 Consolidated Reporting/Crystal Report $700.00 2 $1,400.00 Fixed Assets $700.00 1 $700.00 General Ledger $700.00 2 $1,400.00 Payroll $700.00 2 $1,400.00 Purchase Order $700.00 1 $700.00 Utility BiNing $700.00 2 $1,400.00 Total TrainingDays 14 Subtotal $10, Total Cash Receipts Printers 2 $2,140.00 $2,140.00 Cash Drawers 2 $600.00 00.00 $2,740.00 Total Investment $55,748.50 P_02 Feb-19-99 10:45A es for on site training are billed after training has taken place, and includes meals, and travel expenses. Micro Arizala Systems does not bill for travel time. FundBalance Plus and FundBalance32 software is year 2000 compliant. Went terms: All software, annual maintenance and training costs per application will be in full prior to scheduled training date. Billing master file conversion to be quoted at $100 per hour after we receive the Tile and data file in ASCII format. Billing master file conversion to be quoted at $100 per hour after we receive the file Billing Interface price is based on standard intertace only P.03 02/04/99 THU 16:34 FA% 313 677 2070 FUNDBALANCE - -- -~ FundBalance Annual Support Plan Agreement ANNUAL SUPPORT PLAN Annual Plan Price Is 20% of the current soft- warelist price, per application, per year. The annual support plan is available for your FundBalance Plus andJor 32 software, All applica- tions must be covered by the same plan and must be the current shipping version. Support Plan Feat~,res /Benefits ^ Software updates at no charge (within product line) ^ Priority phone support ^ Unlimited routine phone support far current versions of software ^ Discount for national user conference ^ Modem support at no charge ^ Use of toll-free number ^ Input into new features/design ^ Internet updates for F832 software ^ 24 Hour answering service MODEM SUPPORT PLAN No charge with Annual Plan. For modem support you will need a program called PC Anywhere for Windows95. We will ship this to you at no extra charge for use with your own modem. ~ Minimum Hardware requirements for PC Anywhere32TM: 100 MHz Pentium 32M8 RAM 500MB Hard t]iskSpace WIn9S orWindowsNT on worlcstations/does not currently work with Windows99. Modem Support Requirements ^ Minimum 14,400 baud Hayes compatible modem. ^ Dedicated phone line (i.e. does rot go through a switchboard or PI3~. ^ PCAnywhere32TM' communications software (available at no charge on 3.5-inch high density disks from FundBalance). ^ Test the modem hookup IocaBy (do this before contacting FundBalance). ^ To activate your modem connection to FundBalance, contact your customer representative at least 48 hours in advance and schedule a test. Modem phone number. Modem Brand N9me and model #~ email address: See Back forTermsJConditirns and details' of your support plan.. ~l002 01,!26/99 TUE 15:59 FAX 313 677 2070 FUNDBALANCE L~002 • F~DBALANCa~e NFI'woRx L1~wsS TERMS • YOU StK?U~-D CAREF~7LLY RfiAD T~6 TERMS aND OONDfTIONS. IF YOU AO NOT AORT+S TO 7FlEM, DO NOT S1~3 TH6 LIC.'ENS&• 1- DEFIIVI'ITONS: The following words end phrases have special meanings within this License. "Computer Hardware": computer equipment, such as. CPUs, printers, cables, monitors, keyboards, microchips, expansion boards modems, or other devices- "License Pee": the Total Order Fee indicated on the attached list. "Material Breach": an act which justifies terminating the Licen.4e. "software": the FundBalance® and Sexton® programs indicated on the attached lief This includes all ItundBalanee® and Sexton® programs in their written form or recorded on disks or tape in source or object code, and includes any manual or da~umentation accompanying FundBalance®and Sexton®, as well as any revisions or updates. "Network Computer System": a micro computer network connected together with a single network server. 2. LICENSE TO USE THE SOFTWARE: a) Tn return for your payment of the total License Fee at the signing of this License, Micro Arizala Systems, Inc. agrees to grant you a nonexclusive, nontransferable license to use the Software in conjunction with your bl7siriebb_ In return, you agree to use the Software only on the Network Server described immediately below, on its temporary replacement, of on a subsequent Network Server- You understand that a network license is required to use the Software in a networked, multi-terminal or multi computer' environment YOUR NH!'wORK&D COMPUTfiR SYSTEM: SYSTEM AND SERVER Sis[tIAL ~: OPERATIN~i SYSTEM: NFiTWORKSOFTwARE: b) In Tatum, you also agree not to do, or allow any other person or business to do the following: • to permit anybody, other than your employees, to use the Software; • to use the Software in a computer service business, a networked, timesharing, multiple CPU, or multi-usex environment, or to transmit the Software by telecornmunicatioru to anybody. to remove or obscurn the copyright and other notices fmm any of the Software; • to reverse-engineer, disassemble or decoa-pile the Software or market programs which perform the Game functions; • m license, sell, lend, give, or share copies of the Software to or with anybody. 3. TBLSPHONE SUPPDR7 AND CONSULTING SERVICES: Miero Arizala agrees to provide you with continuing telephone support under your FundBaIance® Service Plan- o. ItIITiIRE VGRSIONS: Any upgrades or enhancements to the Software which are made to units of the Software configuration licensed by you under this License will be made available to you under ell plane for a fee. 5. LK~NSE l'AYMEN7'l•S~: In morn for this License, you agree to pay the total License Fee at the signing of this Luense. 6. t~{NI.iER.4ttIP of SOI-rwnRE: a) You agree that all ownership rights And title in the Software and any works derived from the Software er based upon the Software-including copyrights, trade secrets and other rights--are the exclusive property of Micro Arizala. in accepting this License, yo.~ understand that you do not become the owner of the Software, or the owner of a copy of the Software, but that you are being granted the right to use the Software in your business im accordance with the terms of this License. b) You also agree that the Software contains valuable confidential information and proprietary trade secret9 owned by Micro Arizala- You agree mot to sublicense, sell, Lend, give, or share copies of the Software with or to anyone, or disclose Micro Arizala's valuable trade secrets to anyone. You also agree m take reasonable steps to ensure that neither you nor any of your employees allows unauthorized people to gain access to the Software. YOU SI•fOULD UNDERSTAND THAT THE "GERM' AND CONDTIIONS OP 7tIIS PARAGRAPH SHALL REMAIN IN FULL FORCIi AND SHALL BB FFFSCiIr+E AFTI]t THS TERMINATION OF THLS 1,IC5NTSTi, RF~'ARDIE55 OF THE RF,ASON FOR 'I1;ItMINATION. 7. BACKUP COP7fi5: Micro AriZala agrees that you may make one (1) backup copy of the Software diskettes for the business use contemplated by this License- In ret+u'n, you agree to reproduce the copyright notice on any backup copies you make. Any other copies of the Software diskettes are made in violation of this License- S. LIMfI'bU WARRANTY: a) Micro Arizala warrants and represents that the following is true about the Software: • the magnetic diskettes and printed materials are not defective; • the computer programs are properly recorded on the diskettes; any user manuals provided with the Software are substantially complete and contain the information that Micro AriTala corlside~ to be necessary for the use of the Software; and the Software will perform substantially as documented in the user manual, on a DOS-based persona! computer with at least 8 MB memory. an adequate hard disk and arty 732 column DOS-based printer capable of selecting 12 cpi for DOS- the Software will perform substantially as documented in the user manual, on a pOS-based personal computer with at Page 2 of 3 November 1997 01/26/99 TUE 16:00 FAX_313 677 2070 FUNDBALANCE ~J003 least B MS memory, an adequate hard disk and any 132 column DOS-based pru-ber capable of selecting 12 cpi for UUS- based software, or a Windows95 or Windows NT based person4l computer with at feast 32 M8 memory, an adequate hard disk and a printer compatible with Windows95 printer drivers for all WIN95 software. b) Tf you discover whet you consider to be e significant logic error in the Software that prevents its operation es described in the user manual, you should inform Micro Arizala- Micro Arizala agrees to attempt to Correct or bypass reproducible logic errors within a reasonable time by providing you with corrective instructions or a corrected copy of the Software. You understand that Micro ,Arizala is not warranting that the functions of the Software will necessarily meet your requirements, or that operation of the Software will in all cases beerror-free. c) Micro AriTaIa will not warrant Software which has been altered or modified by anyone other than Micro Arizala. Any modifications of the Software made by anybody other than Micro Arizala will void all of Micro Arizala's warranty responsi'bilit9es under this paragraph. You should understand ti~at this warranty does not require Micro Arizala to customize programs, develop new features, or modify your copy of the Software for Computer Hardware or operating system software different than the Computer Hardware identified above. In addition, you agree end understand that the only remedy for probleme witl+ the Software is found under this paragrnph. BXCEPr FOR THE LIMITED WARRANTY Dfi9GRIBED AHCnrF„ THERE ARIi NO WARRANTIES TO YOU OR ANY OTtffeR PBRSON FOR THE SOFTWARE, fitTHF.R fi»RESS OR IMPLIED. llVCLUDING WARRANTIES OF MERCHANTASILLrY AND x1TNfiS6 FOR A PAICIICUCAR PURFO61:. YOU FVRTIiER AGREE THAT MICRO AR17,ALA WILL NOR' Bfi RI~PONSIBLE FOR ANY )NDfP~GT, INCIDfiN'tAL, OR CON5FQUHNIlAL DAMAGES FROM 'IHE USE OF THE $OFfWARL•_ IT 15 YOUR RPSPONSIBILrrY TO TIiST THE SOPTWAR)i AND 6H 5IITLSF[FD WII'Ei THIS RF~fII.TS SF1~RE RELYING ON IT FOR ANY RF.AaON. d) Both you and Micro Arizala agree that airy remedies provided vender this License will be determ~etl according to this paragraph. In any event, Micro Arizals will not be liable for damages related m responsibilities under this License in an wmount greater than the total T.icettse Fee. t 9. SATISCACRTON: Tf you are not completely satisfied with the Software; 9t'n,ay be returned within thirty (30) days of receipt for a full refund of the Licennse Fee. 10. CoMP<rl'ER HARDwAR&: You should understand that Micro Arizela is not warranting, and cannot be liable for defects in your Computer Hardware while it is runnuig the Software, and that liability for al! such defects lies with the marntfecturer of the Computer Hardware 11. DATA PREPARATION: You should understand that Micro Arzala will not assume liability fot data preparation by you or your employees while using the Software. i 12. MATfiRIAL BRBACH OF STATUS= You and Micro Arizala both agree that if; fore any reason, you violate lice n:~sponsibilities listed in paragraphs 2 and 6;; you will have committed a material Breach of this' License ex-tilling Micro Arizale to terminate the remaining term of their license'' and retain the, License Fee., If, for any reason, the License is terminated, You agree and understand that you "' moat return all Software, as well as any copies made of it and,all manuals, to Micro Arizala within 30 day's lime, and that you will be liable for damages plus reasonable attorneys' fees. 13- TERM OF L1CEN.SE: 'I'bis License has a term of 50 years, and shall continue for fire rest of the term on the condition that you do not commit a Material Breach. if you commit a Material Breach by doing any of the act prohibited ~ paragraphs 2 and 6, Micro Arizala will tetmit-ate the License immediately. If, upon expiration you desire >n renew this License, You and Micro Arizala may agree to sign a new License incorporating the terms of this License and extending its le~gth- 14. C,'FI~IERAL TERMS AND CONpIT10N5: 'fliis License is made under Michigan law'and represents the entire understanding betweer- you and Micro Arizela with respect to the subject matter end legally supersedes all prior oral or written agreements, representations, statements, negotiatiOIis, or promises-~ If any of the berms of this License are found to be invalid in a court of law, the remaining term6 shall not be affectecj, but will remain in full force and effect Any modifications to this license must be in writing and signed by you and Micro Arizala. Yeu may not assign your rights or duties under this License to another pezson without the written consent of Micro Arizala. ~ ' BY $IGNWG 6ELOW, YOU ARE INDICATING THAT YOU HAVE RT:AD AND VNDfiRSTOOD THE At10VE LICENSE, THAT YOU HAVE THIi POWER AND AUTt~ORILY TD f3tVT'SR INTO THIS AGREnNIIdr, AND THAT YOU AGRFE TO ITS TERMS AND CONDITIONS. MICRO ARIZALA SYSTEMS,; INC. ~: BY:_ .DATE: ~wT Page 3 of 3 Noverabcr 1997 ADDENDUM TO LICENSE I. Paragraph 2.b) fifth bullet shall be amended to the following: • to license, sell, lend, give, or share copies of the Software to or with anybody, except to the extent required by the public records laws of the State of Florida or any federal laws relating to said information excluding the FundBalance Software programs. II. Paragraph 12 shall be amended to the following: 12. MATERIAL BREACH OF STATUS: You and Micro Arizala both agree that if, for any reason, you violate the responsibilities listed in paragraphs 2 and 6, you will have committed a material Breach of this License entitling Micro Arizala to terminate the remaining term of their license and retain the License Fee. If, for any reason, the License is terminated, you agree and understand that you must return all Software, as well as any copies made of it and all manuals, to Micro Arizala within 30 day's time, and in any associated litigation, the prevailing party shall be entitled to recover damages plus reasonable attorneys' fees. III. Paragraph 13 shall be amended to the following: 13. TERM OF LICENSE: This License has a term of 50 years, and shall continue for the rest of the term on the condition that you do not commit a Material Breach. If you commit a Material Breach by doing any of the acts prohibited in paragraphs 2 and 6, Micro Arizala will terminate the License immediately. If, upon expiration, you desire to renew this License, You and Micro Arizala may agree to sign a new License incorporating the terms of this License and extending its length. The Village of Teguesta has the right to cancel the License by giving reasonable notice, i.e., ninety days, with the agreement to return the software and any and all copies of same upon cancellation. Thomas G. Bradford Village Manager Micro Arizala Systems, Inc. Date: Date: joNEs FOSTER jOHNSTON 8t STUBBS, P.A. Attorneys and Counselors John C. Randolph, Esq. Duect Dial: (561) 650-0458 E-mail: jandolph@jones-foster.com February 23, 1999 Ms. Connie Holloman Finance Director Village of Tequesta Post Office Box 2379 Tequesta, Florida 3469-0273 Flagler Center Tower, Suite 1100 505 South Flagler Drive West Palm Beach, Florida 33401 Telephone (561) 659-3000 Mailing Address Post Office Box 3475 West Palm Beach, Florida 33402-3475 Facsimile (561) 832-1454 VIA FAX: 575-6203 RE: Village of Tequesta Micro Arizala Systems, Inc. Software Contract Our File No. 13153.1 Dear Connie: I have reviewed the above referenced software contract which you forwarded to me. I have the following comments. In regard to item 2b, the fifth bullet, I would add the clause "except to the extent required by the public records laws of the State of Florida or any federal laws relating to said information." I would also suggest that a similar clause be incorporated at the end of item 6b. As to paragraph 12, I would recommend that the last phrase "and that you will be liable for damages plus reasonable attorneys' fees" be deleted. I have no objection that the prevailing party in any litigation concerning the subject matter of this lease be awarded attorneys' fees, but I cannot agree to the language set forth in item 12. Finally, as to the term of the lease, you will note that the license is for a term of fifty (50) years. I believe that the Village should have the right to cancel the license by giving reasonable notice, i.e., ninety days, with the agreement to return the software and any and all copies of same upon cancellation. Ms. Connie Holloman February 23, 1999 Page 2 Please do not hesitate to contact me if you have any questions in regard to this matter. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. ~~ f., r ohn C. Randolph JCR/ssm