Agenda Item
i. Extension (Renewal) Single Source for Administration Software and Support for $95,911 with Additional Cost for Cloud Migration Services in the amount of $21,402 (Renewal Year 3) to Cybersoft Technologies, Inc. for SY 24-25 (Total not to exceed $124,813)
Summary: Presented by: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations
Request: It is requested that the Board of Education approve the renewal of Single Source and the purchase of administrative software and support services to Cybersoft Technologies, Inc. in the amount of $95,911 with additional cost for cloud migration services in the amount of $21,402 with the total amount not to exceed $124,813 for SY 24-25. This request extends the agreement with Cybersoft Technologies, Inc. for an additional year from July 1, 2024, through June 30, 2025. This is the third Contract Renewal option after single source approval for SY21-22.
Why: The extension renewal of Single Source to Cybersoft Technologies, Inc. will enhance DeKalb County School Nutrition Services (SNS) meal service accountability, nutritional analysis, real-time monitoring, and the benchmarking amount of $95,911 for SY24-25.
Additional Cost: Cloud Migration and Cloud support services for $21,402 is requested for SY24-25. This addition will eliminate the need for the SNS’s hardware server. Cybersoft Technologies, Inc. will manage all software updates, infrastructure, security, and data backup, which will minimize DCSD IT staff workload. The benefits of cloud hosting are trusted security, ensuring business continuity, low maintenance, great access, and faster communication. Total to Cybersoft Technologies, Inc. in the amount not to exceed $124,813.
School Nutrition Managers and Central Office personnel are provided with an annual vendor complaint form (Quality Assurance Form). The form is used to evaluate vendor performance, including accuracy and quality. This information is used to communicate with vendors, evaluate pricing, assess products, and monitor deliveries. The vendor’s performance met the assessment criteria.
Details: Due to the good level of service provided by Cybersoft Technologies, Inc., School Nutrition Services (SNS) requests to extend Single Source for an additional year with added cloud migration services and the same terms and conditions as the current term contract from July 1, 2023,, through June 30, 2024. This is the third Contract Renewal option after Single Source approval for SY21-22.
Financial impact: There is no financial impact to the General Fund. School Nutrition Services is a self-supporting entity with revenue based on meal participation and supplemental sales. Funds will be paid from GL account 622.3100.559500.00062.8200.9990.8015.040.0000.
Contact: Mr. Erick Hofstetter, Chief Operating Officer, Division of Operations (678) 676-1475
Dr. Connie R. Walker, Executive Director of School Nutrition Services (678) 676-1780
Effective: Upon Board Approval
Status: Approved by General Counsel
PROPOSAL
CUSTOMER: Dekalb County School District
Attn: Dr. Connie R. Walker
Phone: 678-676-1780
connie_r_walker@dekalbschoolsga.org
CONTACT: Janis Williams
Cybersoft Technologies
4422 Cypress Creek Parkway
Suite 400
Houston, TX 77068-3416
Cell: 321-302-3059
janis.williams@cybersoft.net
PROPOSAL DATE: 1/2/2024
SERVING YOU SO YOU CAN SERVE THEM
SERVICES
Cloud Migration Cost
Description Quantity Unit Price Total Price
Configuration and Setup (one-time cost) $7,500 $7,500.00
Services Total $7,500.00
Annual Support and Software Update Cost 23/24
Item Description Total Price
Annual Support and Software Update-SY 2023-2024 $95,911.00
Payments/Credit PAID $95,911.00
Annual Support and Software Update Cost 24/25
Item Description Total Price
Annual Support and Software Update-SY 2024-2025 $95.911.00
Annual Support Increase -Cloud Support $21,402.00
Services Total $117,313.00
Grand Total $ 124,813.00
Pricing Notes:
• Cloud Migration Services cost is payable when the migration process commences.
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TERMS & CONDITIONS
These Standard Terms and Conditions apply to any proposal and agreement and/or purchase order relating to the
PrimeroEdge software and services sold by Cybersoft Technologies, Inc. (“Cybersoft”) to you (“District”) or
subscribed by the District. These terms and conditions, together with the related proposal and agreement and/or
purchase order shall constitute the entire agreement (“Agreement”) between the parties.
Copyrights
PrimeroEdge and SchoolCafé are trademarks of the Licensor. PrimeroEdge is a proprietary and copyrighted
software system developed and owned by Cybersoft. No other individual or entity is allowed to copy, reproduce,
redistribute or sell, in whole or in part, without the express prior written permission from Cybersoft. The
perpetual license sale or subscription license gives the District limited rights to use each license in accordance
with the purchase agreement.
Internal Use License only: Cybersoft hereby grants to the District a non-exclusive, non-transferable, license to use
the Software solely for the internal business purposes of the District. The Licensed Software shall not be sold,
leased, assigned, loaned, shared or otherwise transferred or provided to a third party.
Intellectual Property Rights. District agrees that the licensed Software and Documentation, including the
structure, sequence and organization of the licensed Software are proprietary and confidential and the District
shall take all reasonable measures to protect the confidentiality of the licensed Software and Documentation
unless, and to the extent, Cybersoft makes them available to the public without such restrictions. District further
agrees that all right, title and interest in and to the licensed Software (and all intellectual property rights
embodied therein) or any modification or improvement thereof made by Cybersoft is proprietary to Cybersoft. All
rights therein not expressly granted to the District under the Agreement are reserved by Cybersoft.
Pricing
Pricing the hardware, software, services and support are stated specifically and included as line items in the
proposal. All Unit Prices are firm for 90 days.
Taxes
Taxes will be charged additionally as may be applicable.
Shipping
Ground shipping is included, unless specifically listed as a line item in the proposal. If another shipping method is
requested (such as overnight, two-day), shipping and handling are charged accordingly.
Term
1. Prices indicated in this proposal are valid for 90 days from the date of proposal.
2. Subscription licenses are issued for a school year and are renewed annually upon payment of the Annual
Subscription Fee.
Data, Data Security and Integrity
District is responsible for providing all the required data including initial and on-going data feeds from third-party
systems and systems being replaced. District is also responsible for the regular and complete back up of all data
when the District is hosting it.
Cybersoft will use the data only for the purpose of fulfilling its obligations under this Agreement and will not share
the data with or disclose it to any third Party without the prior written consent of the District or as otherwise
required by law. Cybersoft will implement and maintain administrative, physical, technical, and procedural
safeguards and best practices to secure such Data from unauthorized access, destruction, use, modification, or
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disclosure at all facilities when Cybersoft is hosting the District Data under this agreement.
Hardware and Network Compatibility
Cybersoft systems are intended for use with Ethernet and wireless installations where performance and demand is
monitored by a certified network administrator. It is expected that wiring, switching, routing, etc. are up to current
standards and that supporting network equipment is appropriate for the network traffic and user software
employed on that network.
Virus Protection
While Cybersoft makes every effort to protect its software, firmware and data from intrusion and attack from
hostile entities, it is the District’s responsibility to provide adequate firewall protection, anti-viral software and
attack monitoring for their network.
Foreign Software
Any software not included in the system, not approved by Licensor for installation on its systems or installed by a
user, voids warranties for Licensor’s systems and equipment. Licensor is not responsible for system failure due to
the installation of foreign software.
Power and Cabling
It is the express responsibility of the District to provide appropriate and stable power for equipment and
hardware. Cybersoft requires the District to use power supply protection equipment equal to the demand of the
installed systems. Network cabling, switching and monitoring is the responsibility of the District, unless included
as a line item of the quote. All software and hardware warranties are immediately voided if this policy is not
upheld.
Software Support and Hardware Maintenance
Software Support is mandatory and is priced as quoted. For the initial year that this agreement is in force the
support period will begin at the start of installation and end the subsequent June 30th. Support fees for that
partial support period will be prorated to the purchase date. Purchase of additional PrimeroEdge software
licenses will affect the annual software support charge. The Software Support Fee shall be subject to an annual
increase of up to 8%. Hardware warranties included are those of the manufacturer and should be exercised
directly with the manufacturer.
WARRANTY DISCLAIMER
EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS AND TERMS, CYBERSOFT MAKE NO WARRANTIES,
CONDITIONS, REPRESENTATIONS, GUARANTEES OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON
LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING PERFORMANCE, RESULTS, SECURITY,
NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR
ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
Cybersoft SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR
DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY the District OR ANY THIRD PARTY, WHETHER
IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF Cybersoft HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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