HomeMy WebLinkAboutOrdinance 3323 :r- co
D CO
D i =D
t � T
..7
C O O 7 r
mm
car n o �
r M 0 3
rn m c o
ORDINANCE NO . 3323 � m z-4 ~
D ~
AN ORDINANCE WAIVING THE REQUIREMENTS OF '"OFILMED
COMPETITIVE BIDDING FOR A MAINTENANCE CONTRACT
FOR THE CITY ' S CRIMES , FIRES AND CAD COMPUTER
PROGRAMS ,
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That the Board of Directors hereby waives the
requirements of competitive bidding for a maintenance contract for
the City ' s CRIMES , FIRES and CAD computer programs for the reason
that said requirements are not feasible as there is only one
prospective bidder .
Section 2 . That the Board of Directors hereby authorizes
the Mayor and City Clerk to execute a maintenance contract with
CHIEFS , Inc . for the City ' s CRIMES , FIRES and CAD computer
programs . A copy of the contract authorized for execution hereby
is attached hereto marked Exhibit " A" and made a part hereof .
Section 3 . That the Board of Directors hereby determines
that the immediate execution of a maintenance contract for the
City ' s CRIMES , FIRES and CAD computer programs is necessary for
the City to provide adequate crime prevention and fire protection
and hereby determines that the immediate passage of this ordinance
is necessary for the execution of such a contract . Therefore an
emergency is hereby declared to exist and this ordinance being
necessary for the public health , safety and welfare shall be in
full force and effect from and after its passage and approval .
PASSED AND APPROVED this 5th day of January 1988 .
APPROVED A /�
�.
By : in
5 r Ir�� , Mayor
c 4TCEST
e „
t S' I t
t °Clerk
1�i�teMuv�n
ATTACHMENT C
MAINTENANCE CONTRACT
CHIEFS provides 90 days free maintenance on all modules in the CHIEFS
system . The 90 day maintenance period begins on the date the CHIEFS
application software is installed . To retain ongoing maintenance
coverage for the system after the 90 day free maintenance period has
expired , it is necessary to execute a maintenance contract .
This maintenance agreement between CHIEFS , Inc . ( "CHIEFS" ) and the
CITY OF FAYETTEVILLE ( "Customer" ) addresses the application software
support responsibilities of CHIEFS , Inc . This contract will remain in
effect commencing on January 1 , 1988 through December 31 , 1988 .
The contract must be executed by an authorized representative of the
Customer department and be returned to CHIEFS before the expiration of
the 90 day free maintenance period .
CHIEFS agrees to provide the Customer with the maintenance coverage and
application software support of the following CHIEFS modules :
Program Cost with Modem Cost Without Modem
CRIMES Level 2 $ 100 . 00 $ 125 . 00
FIRES Level 2 $ 100 . 00 $ 125 . 00
CAD Level 3 for police/ fire $ 235 . 00 $ 260 . 00
TOTAL COST PER MONTH 435 . 00 $ 510 . 00
24 Hour Maintenance Coverage $ 150 . 00 $ 150 . 00
( optional )
TOTAL COST PER MONTH j 585 . 00 $ 600 . 00
Normal maintenance coverage includes telephone support and/or on - line
diagnostic modem support 8 : 00 a . m . to 5 : 00 p . m . , Monday through
Friday . There is a discounted maintenance fee structure for customers
who acquire modem/ communications capability . Software usage assistance
and program support is provided under the terms of the normal
maintenance contract . Enhancements , user group publications and
necessary PTF ' s ( program temporary fixes ) are provided to the customer
at no cost under this agreement . Diagnostic modem support is provided
at no additional cost to the customer . It is understood that all line
usage charges and diskette costs are the responsibility of the customer
and will be invoiced accordingly . Neither normal maintenance nor 24
hour maintenance includes on- site customer support . If an on - site
visit is deemed necessary by both parties , the customer is
responsible for all reasonable travel expenses , but a per diem or per
hour rate will not be charged to the customer .
After hours , off-site maintenance on a 24 hour basis is available as an
option . Twenty - four hour maintenance includes telephone support and
diagnostic modem support within a two hour period from initial request .
Yes , we wish to be covered under continuing
maintenance . I . � �/&L o� am authorized
to execute this maint�g Bement between CHIEFS ,
Inc . and -if d � �R gXV! //e
effective 12aW1988 .
Normal maintenance requested .
24 Hour maintenance requested .
J J
�• /// .PGsSiDEPv(r^3� �
No , we do not wish to be covered by a maintenance
contract with CHIEFS , Inc . The
chooses not to enter into a
software agreement with CHIEFS , Inc . covering
the CHIEFS application software modules installed in
on
It is understood that all application software support
received after the 90 day initial free maintenance
period will be billed at a rate of $ 30 . 00 per hour
off -site , plus travel and expenses , and/or $ 60 . 00 per
hour on- site . Also , any enhancements to the system or
new releases are not provided unless the customer is
covered by a maintenance contract . Retail price will be
charged for enhancements and/or new releases acquired by
a customer not covered by a maintenance agreement .
With this understanding , I elect not to enter into or
continue application software maintenance with CHIEFS on
the CHIEFS system .
r
J
MAMUrft CHI � FS �Mina
nc.
I MAP CBC Public Safety
DATE : December 10 , 1987
TO : All "CHIEFS" Cus errs
FROM : T . P . Fenlon i -1 (/
Executive Vice President
i
RE : 1988 Maintenance Contracts
AL the end of each calendar year , we renew maintenance and support
contracts for all of our CHIEFS customers . The standard maintenance
support prices for 1988 were not increased from the 1987 schedule .
However , as we transition into a stable , consistent maintenance price
situation , there may be some adjustments in budget preparation by our
older customers in particular .
As you know , our maintenance program provides our customers with
telephone and diagnostic modem support at no additional cost . Line
charges , diskettes , and instructional video tapes are extr"^ supply/use
type items that are not covered in the monthly maintenance cost , but
are billed to our customers based on actual use . Maintenance also
provides CHIEFS customers with enhancements to the CRIMES , FIRES and
CAD system for which they acquired a license to use . New product
releases (non enhancements ) may be acquired by current customers at a
15% discount .
Twenty- four hour maintenance is becoming an ongoing concern to several
of our CAD customers and may be obtained for an additional $ 150 . 00 per
month . Please review the attached contract for 1988 , sign and return a
copy for our files . We value your participation as a maintenance
service customer and feel it is critical that this relationship
continue . Thank you and please call if you have any questions .
National 1 -800-4-CHIEFS Ohio 1 .800-458-4929
7908 Cincinnati-Dayton Road • Suite D • West Chester, Ohio 45069 • (513) 777-4500
MIGRONUAS
"CHIEFS , CRIMES , FIRES AND CAD"
SOFTWARE L//II10ENSE AGREEMENT
AGREEMENT made this day of
Tn,�//��([(n/; 1987 , by and between On-
line Business Computer Systems , Inc . ( OB( OBpO� Public Safety Division , an
Ohio corporation , and the City of Fayetteville , Arkansas , a Municipal
Corporation located at 113 W . Mountain St . , Fayetteville , Arkansas
72701 , ( "hereinafter called Purchaser" ) .
W I T N E S S E T H :
Whereas , OBC markets a software package for use in the public sector
known as "CHIEFS" , which includes software packages knows as "CRIMES" ,
"FIRES" , and "CAD" .
WHEREAS , Purchaser desires to acquire from OBC a license to use certain
computer programs .
NOW, THEREFORE , in accordance with the terms of this Agreement and in
consideration of the mutual promises and covenants contained herein ,
the parties agree as follows :
1 . Grant of License . OBC does hereby grant to Purchaser a
permanent non-exclusive license ( the "License" ) to use the
computer programs and related programming aids and materials
described in Schedule A which is attached hereto and incorporated
herein by reference (hereinafter collectively referred to as the
"Software" .
2 . License to Use Price and Payment Terms . The total price for the
License shall be Sixty-Five Thousand Dollars (565 , 000 . 00 ) .
The term of the license is perpetual . Customer agrees to remit
payment for the license to use to OBC as follows :
1 ) 20% payment due upon contract award
2 ) 30% payment due thirty ( 30 ) days after contract award
3 ) 40% payment due thirty ( 30 ) days after billing #2
4 ) 10% payment due upon completion of contract
3 . Training . OBC shall provide training as specified in Attachment
F .
4 . Proprietary Rights of OBC .
a . Nature of Rights and Title . Purchaser recognizes that the
computer programs system documentation , manuals , application
software cost and other materials supplied by OBC to
Purchaser under this License are subject to the Proprietary
Rights of OBC . Purchaser agrees with OBC that the programs ,
documentation , cost of application software and all
information or machine readable data supplied are trade
secrets of OBC , whether or not any portion thereof is or may
be validly copyrighted or patented ; and because this material
is very valuable to Purchaser , said use and/or any disclosure
must be carefully and continuously controlled .
Purchaser further agrees that it will hold and use the
Software in the same manner as it deals with its own
proprietary information and trade secrets , and that it will
not intentionally divulge any data or information with
respect to the Software . If Purchaser or any of its
employees , agents or representatives shall attempt to use or
dispose of the Software , or any of its components , or
duplicates or modifies same in any manner contrary to the
terms of this License , OBC shall have the right , in addition
to such other remedies which may be available to it , to
injunctive relief in enjoining such acts or attempts , it
being acknowledged that legal remedies are inadequate .
b . Restriction on Use . The Software and other items supplied
by OBC hereunder are for the sole use of the
Purchaser/Licensee and its employees . OBC ' s rights in and to
the Software as a result of this Agreement may not be
assigned , sub- leased , sub- licensed , sold , offered for sale ,
disposed of , encumbered or mortgaged . Product components ,
source code , and documentation supplied by OBC to the
customer are not to be duplicated , copied , or distributed by
the customer and/or its employees . Purchaser/Licensee and
r its employees shall keep each and every item to which OBC
retains title free and clear of all claims , liens and
encumbrances , except those of OBC , and any act of Purchaser ,
voluntary or involuntary , purporting to create a claim , lien
or encumbrance on such items as shall be void .
C . Reproduction of Software . Purchaser agrees that while this
License is in effect , while it has custody or possession of
any property of OBC , it will not , ( i ) copy or duplicate , or
permit anyone else to copy or duplicate , any physical or
magnetic version of the Software , documentation or
information furnished to Purchaser in machine readable form ;
( ii ) create or attempt to create , or permit others to create
or attempt to create , by reverse engineering or otherwise ,
the source programs of the Software , or any part thereof from
the object ( tangible or intangible ) . Purchaser may copy for
its own use and at its own expense operating manuals ,
training materials , and other terminal -use-oriented
materials , but shall advise OBC of the number of copies made
and the distribution of such copies .
d . Unauthorized Acts . Purchaser agrees , as soon as it is
aware of its occurence , to immediately notify OBC of
unauthorized possession , use or knowledge of any items
supplied under this License , and any other information made
available to Purchaser under this Agreement , by any personnel
or organization not authorized by this Agreement to have such
possession , use or knowledge . Purchaser will promptly
furnish OBC full details of such possission , use of
knowledge , and will assist in preventing the reoccurence of
such possession , use or knowledge , and will cooperate with
OBC in any litigation against Third Parties deemed necessary
by OBC to protect its proprietary rights . Purchaser ' s
compliance with this subparagraph should not be construed in
any way as a waiver of OBC ' s rights to recover damages or
obtain other relief against Purchaser for intentional harm to
Purchaser ' s Proprietary rights , or for breach of contractual
rights .
e . Source . OBC agrees to provide the herein identif+.ed
customer with a complete software user application program as
described above in machine - readable form excluding source
coding . Source code is maintained by an independent third
party Certified Public Accounting firm . The customer may , if
it chooses , be included on the distribution/access list of
OBC ' s bankruptcy or inability to support the CHIEFS
application .
5 . Upxrades . OBC shall have no obligation to upgrade the
Software . OBC does provide upgrades to all of its customers
periodically as part of its normal business practice . For the
purpose of this package , the term "upgrade" shall mean
improvements in the Software which relate to operating
performance , but does not change the basic function of the
Software .
6 . New Developments . The parties acknowledge that performance of
this Agreement may result in the development of new proprietary
and secret concepts , methods , techniques , processes , adaptations ,
and ideas . The parties agree that the same shall belong solely
and exclusively to OBC without regard to the origin thereof , and
that Purchaser will not , other than in the performance of this
Agreement , make use or disclose the same to anyone .
7 . Software Component Specifications . Each Software component
supplied hereunder will conform to the Software specification
respecting such component set forth on Schedule A , attached hereto
and incorporated herein , in all respects , but not limited to ,
operating performance , core requirements , timing characteristics ,
documentation quality, modularity , compatibility , and the like .
8 . Warranties .
a . OBC warrants that it is the sole owner of the Software and
has full power and authority to grant the rights herein
granted without the consent of any other person . Further ,
OBC warrants that the Software is original to OBC , that
neither Software nor any of its elements thereof , does or
will violate or infringe on any patent , copyright or trade
secret , or other property right of any other person , and OBC
will indemnify and hold Purchaser harmless from and against
any loss , cost , liability expense arising out of any breach
or claim or breach of this warranty .
b . Software . OBC warrants that the Software listed on
Schedule A when supplied hereunder and during the ninety ( 90 )
day period following installation , will be free of
manufacturing defects and manufactured materials , programming
errors , and will conform to the specifications . OBC will ,
without charge to Purchaser , correct any such defects or
programming errors which arise during the ninety ( 90 ) day
period , and make such additions , modifications or adjustments
to the Software as may be necessary to keep the Software in
operating order , in accordance with such specifications ,
provided Purchaser notifies OBC of the nature of such defects
or programming errors no later than fifteen ( 15 ) days
following expiration of the ninety ( 90 ) day period .
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES , EXPRESSED , IMPLIED OR STATUTORY , INCLUDING ,
BUT NOT LIMITED TO , IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE , AND , IN LIEU OF ,
ALL OBLIGATIONS OR LIABILITY ON THE PART OF OBC FOR
DAMAGES , INCLUDING BUT NOT LIMITED TO INDIRECT ,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES , ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE .
9 . Non - taxibility of Software . The Software License hereunder is
non- tangible property , and as much it is merely a license to use a
proprietary method and its tangible attributes are only
incidental . Licensee shall be liable for all taxes ( including,
but not limited to personal property , sales and use taxes )
assessed against the software system or upon the possession or use
thereof or upon and service furnished hereunder .
10 . Headings . The headings used in this Agreement are for reference
purposes only , and shall not be deemed a part of this Agreement .
11 . Entire Agreement . This Agreement constitutes the entire
agreement between the parties with respect to the subject matter ;
all prior agreements , representations , statements , negotiations
and undertakings are superseded hereby .
12 . Partial Invalidity . If any term or provision of this Agreement
shall be found to be illegal or unenforceable , then ,
notwithstanding , this Agreement shall remain in full force and
effect , and such term or provision shall be deemed stricken .
13 . Amendment . No amendment to this Agreement shall be considered
effective unless it is in writing and signed by duly authorized
representatives of both parties .
14 . Consent to Breach No Waiver . No term or provision hereof shall
be deemed waived and no breach excused , unless such waiver or
consent shall be in writing and signed by the party claimed to
have waived or consented . Any consent by any part to , or waiver
of , or breach by the other , whether expressed or implied , shall
not constitute the consent to , waiver of , or excuse for any other
different or subsequent breach .
15 . Governing Law . This Agreement shall be governed by the laws of
the State of Arkansas .
IN WITNESS WHEREOF , the parties have signed this Agreement the day and
year first above written .
OBC PUBLIC SAFETY
PURCHASER
�niu.Q,t-v�J
�?AVDi2
SCHEDULE A
License to use : CHIEFS PRODUCT
( Specifications /Performance )
CRIMES Level 2
FIRES Level 2
CAD Level 3 - Fire and Police
ACIC/NCIC Interface
E -911 Interface and Coupler Hookup
OBC Public Safety will provide the City of Fayetteville , Arkansas with
license to use the above listed modules of the CHIEFS Public Safety
Application Software System . Said license to use is subject to the
terms of this contract . The application software performance
parameters and capabilities are outlined herein . Any customization
and/or modification not specifically addressed in writing , is not part
of the basic CHIEFS system and will require a separate cost quotation
and addendum/ attachment .
CHIEFS
PROGRAM SYSTEM SPECIFICATIONS
The CHIEFS system is an interactive , menu-option , table-driven system .
It is a user - friendly system , which provides the customer the ability
to utilize familiar terminology in each respective reference table in
order to minimize learning new or special terminology . Each module of
the CHIEFS system is basically a self - contained turnkey operation
system which retains unique customization capability for the user .
CRIMES
The CRIMES reporting system provides the police user with the enormous
data collection capability . If the customer is familiar with the
operation of the IBM System 36 hardware , he/she should be able to
operate and manage the system . The CRIMES system includes the
following capabilities in the Level 2 program :
Personnel . The personnel section of the CRIMES program provides the
customer with entry update capability for each employee in the
agency . Additionally , it provides the ability to track hours
worked by assignment category and specifically identify critical
individually protected sub files in the personnel narrative .
Training, medical history, education , and equipment issued are all
areas or sub sections of each personnel record .
CRIMES Report Format . The CRIMES system produces a functional ,
complete report with the agency name , address , zip code and phone
number . The system generates the appropriate format based upon
the information included in a specific report . For example , if a
suspect is identified , the system formats that information into
the output report . If space for ten suspects and five witnesses
would be required , the system would properly format the output .
Based upon input and identified variables unique to a specific
incident , the system properly formats the report output with
proper user identifying descriptors .
Global Search . The CRIMES system contains a systemwide global
search/master name and/or property , history reference capability .
It captures data on the name , specific address , street name , date
of birth , date of incident , and social security number of a
suspect , witness , complainant , offender or victim mentioned
anywhere in the system . The amount of information collected is
controlled by the customer . Additionally , it captures the type of
property , make , model , color , serial number and property
description for user designated or defined report areas of the
system . ( Narrative capability as previously outlined provided . )
File-by-Fila Global Retrieval . The system contains a program-by-
program global retrieval capability as outlined in the system
global with the additional capability of retrieving an exact
record on a file-by- file , or a program-by-program basis . The
offense reporting system provides the capability of generating the
National FBI UCR Summary report . ( Narrative capability as
previously outlined provided . )
The offense system establishes a stolen property file , a suspect -
witness file and captures all data field information as outlined
in Release 2 . 8 of the CRIMES module , of CHIEFS systems , 1986 .
Total on- line incident reporting and separately protected
supplemental narrative capability exists . ( Narrative capability
as previously outlined provided . )
The CRIMES system provides the customer with extensive narrative
capability and limited narrative word processing features for
information confidentiality . In such cases , a code is placed in
the system which restricts the ability to print the information ,
but does retain the text in memory . ( Narrative capability as
previously outlined provided . )
The narrative is of variable record length , individually password
protected , and contains approximately 2 , 500 total pages available
to the user .
Arrest . The Arrest module of the CRIMES program provides the user
with information collection capability as outlined in the release
level specified . This program is intended to capture data related
to adult criminal offenders . ( Narrative capability as previously
outlined provided . )
Field Interrogation Program . This program is intended to capture
sensitive suspect information relating to suspicious person data
as outlined in Release 2 . 8 . ( Narrative capability as previously
outlined provided . )
Juvenile Program . The Juvenile program is intended to capture and
store in a separate file and program information related to all
juvenile offenders . Parental or guardian information , inclusive
of school , grade , date of birth and all relevant information as
specified in Release 2 . 8 is also captured . ( Narrative capability
as previously outlined provided . )
Evidence and Property . The Evidence and Property program captures
and stores all pertinent property , data collection and chain of
custody information as outlined in Release 2 . 8 of the CRIMES
program . The narrative attachment to this system allows the user
to establish chain of custody from point of evidence collection to
point of this position . ( Narrative capability as previously
outlined provided . )