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HomeMy WebLinkAboutOrdinance 4985 ORDINANCE NO, 4985 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING THE PURCHASE OF MOBILE DATA TERMINALS WITH THE ASSOCIATED HARDWARE AND SOFTWARE IN THE AMOUNT OF $2683600.00 FOR USE BY THE FAYETTEVILLE FIRE DEPARMENT. WHEREAS, the Fayetteville Police Department implemented New World Mobile Data Terminals with the associated hardware and software beginning in 2003 ; and, WHEREAS, Fleet maintenance personnel are already trained and proficient in the maintenance of this equipment, and WHEREAS, maintaining uniform computer and communications equipment in front line and reserve fire units as well as Police units will result in both increased operational and fiscal efficiencies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby approves finds that such circumstances constitute an exceptional situation where competitive bidding is not feasible or practical, and waives the requirements of formal competitive bidding for Mobile Data Terminals with associated hardware and software. Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of New World Systems Mobile Data Terminals with associated hardware and software in the amount of $268,600.00 for use by the Fayetteville Fire Department. %%W, ` RK/TR' lit A PASSED and APPROVED this 20th day of February, 2007. ?'`a�;'' At c �S Y o ' G; APPROV ATTEST: E ° FAYETTEVILLE : By: By: &®y+� d�\)iytu� ,,e,,tikG;O,; JDAAN'COOD4Y,Mayo SONDRA SMITH, City Clerk/Treasurer d* Nt�wof ld�� ' Systen t The!'ub!lrSMror Snflrsnm ramjxn{r February 6, 2007 ADDITIONAL SOFTWARE LICENSE AGREEMENT Ms. Elizabeth Mann Fayetteville Fire Department 303 W. Center Fayetteville, AR 72701 Dear Ms. Mann: New World Systems is pleased to license you additional software per your request. The attached forms (Exhibits A, B and Appendix 1) are to be reviewed and approved by you and/or your authorized representative. They describe the additional software and services you have requested along with the related fees. Other than for the purposes of internal review, we ask that you treat our fees as confidential information. This is due to the competitive nature of our business. The General Terms and Conditions from our original License Agreement are incorporated and continue to apply. Any taxes or fees imposed from the course of this Agreement are the responsibility of the Customer. We thank you for your continued business with New World Systems. We look forward to working on this project with you. ACKNOWLEDGED AND AGREED TO BY: NEW WORLD SYSTEMS® CORPORATION FAYETTEV LE FIRE DEPARTMENT AR (Newld) (Customer By: ceneeBy: Larry , Leinweber, President A thorized Signature dle r r By. Authorized Signatu t1e�;G� C\j Y psG�' • Date: 62- 0 7 Date: 0 /07 =ya ••��= ; FAYETTEVILLE ; 3 sZZ Each individual signing above represents that (s)he has the requisite authority to execute this Agreem6ptnQ�A NSPS: behalf of the organization for which (s)he represents and that all the necessary formalities have been met'�,,y/NG iONrrC�Jv`` Corporate: 888 West Big Beaver Road • Suite 600 • Troy • Michigan 48084-4749 • 148-169-1000 • www.newworldsystems.com EXHIBIT A LICENSED STANDARD SOFTWARE AND FEES 1 . License Fee for Licensed Standard Software And Documentation Selected By Customer: Application Package Cost MOBILE SOFTWARE MOBILE SOFTWARE ON THE RS/6000 ' -1 . Base Message Switch to State/NCIC (UPGRADE FROM 30-50 users) $13,000 - Base Message Switch for MDT/MCT - State/NCIC Interface 2. Additional Aegis Software for RS/6000 Message Switch - - New World CAD Interface for Aegis 400 (UPGRADE from 30-50 users) 3,000 - AVL Interface (UPGRADE from 30-50 devices) 2 3,000 MOBILE SOFTWARE ON THE iSERIES 400 3. Aegis/400 Mobile Integration Software - MDT/MCT Base CAD/RMS Interface (UPGRADE from 30-50 users) 13000 - AVL CAD Interface 2 (UPGRADE from 30-50 users) 3,000 MOBILE MANAGEMENT SERVER 4. Aegis Mobile Management Server Software (UPGRADE from 30-50 users) N/C - Base CAD/NCIC/Messaging CLIENT SOFTWARE ' 5. Aegis Law Enforcement Mobile Unit Software (20 Units) In-Car Mapping $400 ea. 81000 New World AVL $300 ea. 61000 6. Aegis Fire Mobile Unit Software (20 Units) Fire CAD via Switch $750 ea. 155000 Subtotal $ 1 ,450 ca. 29,000 Less Laptop Software Volume Discount of 10% -2 900 TOTAL LAPTOP SOFTWARE 26, 100 TOTAL SOFTWARE LICENSE FEE 4,5 g CONFIDENTIAL I CNTADD fire mob.doc Page 2 of 8 Fayetteville Fire Dept., AR Exhibit A / LICENSED STANDARD SOFTWARE AND FEES Note: Year 1 Standard Software Maintenance Agreement (SSMA) fees of $8,656 for the above software will be added to Customer's current SSMA fees and will commence 90 days after delivery of the software; year one cost to be prorated to run concurrently with Customer's existing SSMA. Subsequent year SSMA fees will be consistent with the SSMA agreement currently in effect. ENDNOTES I Currently supporting Motorola, Data Radio (DMP & IP), CDPD, EDACS, GPRS, 802. 11 and Electrocom Mobile Communication solutions only. 1 Requires 3rd party GPS hardware. 3 Budgeting estimate for laptops: $3,000 for standard includes laptop, external modem mounted in vehicle and mounts. Pricing estimates do not include installation of mounts. Prices assume that all software proposed is licensed. 5 If taxes or fees are imposed, they are the responsibility of the purchaser and will be remitted to New World upon being invoiced. CONFIDENTIAL I CNTADD fire mob.doc Page 3 of 8 Fayetteville Fire Dept., AR Exhibit A / LICENSED STANDARD SOFTWARE AND FEES 2. License Fee Payment Schedule for Licensed Standard Software and Documentation a) DOWN PAYMENT $19,640 40% of the total Exhibit A cost [Invoiced upon receipt of signed Standard Software License and Services Agreement.] b) DELIVERY PAYMENT $241550 50% of each application cost [Invoiced as each Exhibit A Licensed Standard Software package is delivered to Customer.] c) FINAL PAYMENT $4,910 10% of each application cost [Invoiced ninety (90) days after delivery of each Licensed Standard Software package.] TOTAL LICENSED STANDARD SOFTWARE PAYMENTS DUE..............................$9 ALL PAYMENTS ARE DUE WITHIN FIFTEEN (15) DAYS FROM RECEIPT OF INVOICE PRICING VALID THROUGH MARCH 23. 2007. CONFIDENTIAL 1 CNTADD fire mob.doc Page 4 of 8 Fayetteville Fire Dept., AR EXHIBIT B INSTALLATION AND TRAINING SUPPORT SERVICES AND FEES 1 . Installation and Training Support Hours Recommended It is recommended that appropriate support hours are allocated for all Licensed Standard Software listed in Exhibit A to insure successful installation of and training on each application package. Based on the Licensed Standard Software listed on Exhibit A, 120 hours ofNew World installation and training support services have been allocated. Forty (40) of the above hours are allocated for AS400 Fire Records Refresher Training. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. Customer . agrees to reimburse New World for support trips canceled by Customer less than ten (10) days before the scheduled start date to cover New World's out-of-pocket costs and lost revenues. The recommended installation and training support services include: a) installation of each package of Licensed Standard Software; b) Customer training and/or assistance in testing for each package of Licensed Standard Software; and c) tailoring of Licensed Standard Software by New World technical staff and/or consultation with New World technical staff. 2. Support Service Fees Estimate The 120 hours of installation and training support services cost has been calculated using a rate of $140 per hour. Additional services are also available at the rate of $140 per hour. This rate is guaranteed for work performed on this contract within 6 months of acceptance. Beyond that date, these and any additional services will be provided at your then current rate. Based on the services suggested above, the Installation and Training Support Services costs will be a total of. $16,800. (Plus all actual and reasonable travel expenses incurred by New World divided proportionately between all New World customers visited on a single trip and actual employee travel time for Installation and Training up to but not exceeding four (4) hours per Customer visit.) 3. Additional Services Available Other New World services may be required or requested for the following: a) additional software training; b) tailoring of Licensed Standard Software by New World technical staff and/or consultation with New World technical staff; c) New World consultation with other vendors or third parties; d) modifying the Licensed Standard Software; e) designing and programming custom software; and f) maintaining modified Licensed Standard Software and/or custom software. Customer may request these additional services in writing using New World's Request . For Service (RFS) procedure (or other appropriate procedures mutually agreed upon by Customer and New World). CONFIDENTIAL ICNTADD fire mob.doc Page 5 of 8 Fayetteville Fire Dept., AR Exhibit B / PROJECT MANAGEMENT, INSTALLATION AND TRAINING SUPPORT SERVICES AND FEES 4. Payments for Installation and Training Support Services and Travel Costs All hours for installation and training support services and all travel costs will be billed weekly for services provided in the previous calendar week. Note: Any taxes imposed from the course of this Agreement are the responsibility of the Customer and Customer ' agrees to remit when imposed. If an exemption is claimed by the Customer, an exemption certificate must be submitted to New World. ALL PAYMENTS ARE DUE WITHIN FIFTEEN (15) DAYS FROM RECEIPT OF INVOICE, CONFIDENTIAL 1 CNTADD Ore mob.doc Page 6 of 8 Fayetteville Fire Dept., AR New ' o7°rd. Systems' thel4rLlrc PrdorSnftuam CongxrnJ APPENDIX 1 AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF THIRD PARTY PRODUCTS AND SERVICES February 6, 2007 This agreement (Agreement) between Fayetteville Fire Department, Arkansas (Customer) and New World Systems® Corporation, (New World) is to cover the procurement of Third Party products and services by New World for Customer. The attached configuration (Exhibit 1) describes the Third Party products and services that Customer will be obtaining through New World. By their written approval below, Customer authorizes New World to order the Exhibit 1 products for delivery to: Fayetteville Fire Department Atm: Elizabeth Mann 303 W. Center Fayetteville, AR 72701 Upon delivery of Third Party products, 100% of the Exhibit 1 cost is due. Customer agrees to pay all applicable finance charges (if any) promptly. Customer is responsible for the site preparation and related costs to install the Exhibit 1 products. Customer is responsible for any returned product charges, including re-stocking and shipping fees, for all Third Party products ordered by New World on the Customer's behalf. Actual and reasonable travel expenses incurred by New World and actual employee travel time up to but not to exceed four (4) hours per Customer visit, are in addition to the Exhibit I cost and will be billed weekly as incurred. Any taxes or fees imposed from the course of this Agreement are the responsibility of the Customer and Customer agrees to remit when imposed. If an exemption is claimed by the Customer, an exemption certificate must be submitted to New World. After execution of this Agreement, the Exhibit 1 components and cost may be changed by mutual agreement of both parties. If a change order in the configuration requires additional costs, New World shall notify Customer of the additional costs and with Customer's approval these costs shall be home by Customer. Without such approval, the change order will not be processed. Customer shall or may be required to execute selected Agreements with vendors and New World shall not confirm the ordering of any Exhibit 1 products without Customer's authorized signature on the Agreements. Customer shall receive the benefit of all warranties, services, etc. provided for in the Agreements. ACKNOWLEDGED AND AGREED TO BY: NEW( !%Z. WWOORRLLD SYSTEMS" CORPORATION FAYETTEVI LE FIRE DEPARTMENT ARKANSAS (New C � (Customer)B}': By: ' . Lar j D. Leinweben, President Adililirlied Signat Titib By: JAMAAA Authorized ,Signature Title �N.o�RK/TR� Date: �J 2 ' '1�J Date: /a?y0'l a�G° GAS Y °0 c SGPF� =U ° ; FAYETTEVUE ° Each individual signing above represents that (s)he has the requisite authority to execute this Agreement1phalf :� 3 of the organization for which (s)he represents and that all the necessary formalities have been met. �0 -y 9'QKANSP°J�` .� GTO CONFIDENTIAL 1 CNTADD fire mob.doc Page 7 of 8 Fayetteville Fire Dept., AR AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF THIRD PARTY PRODUCTS AND SERVICES February 6, 2007 EXHIBIT 1 CONFIGURATION 1. GIS Software (ESRI) Mobile Mobile In-Car Mapping. 20 units 200/ea. 42000 TOTAL THIRD PARTY COSTS $43000 ESRI Notes 1 ) All Aegis/MSP Customers are required to use ESRI's ArcGIS suite of products to maintain GIS data. All maintenance, training and on-going support of this product will be contracted with and conducted by ESRI. Maintenance for ESRI's ArcGIS suite of products that are used for maintaining Customer's GIS data will be contracted by Customer separately with ESRI. 2) The on-going New World SSMA cost is required for any Aegis software changes related to integration with ESRI software. 3) If a new release of ArcGIS is incorporated into the Aegis software, an associated upgrade fee may be required for the new ESRI software, depending on the potential cost from ESRI; and/or on the scope of effort required to integrate the new ESRI release with Aegis software. 4) . Customer will restrict use of the ESRI Software to executable code (used with the Aegis Licensed Standard Software). 5) Customer will prohibit (a) transfer of the ESRI Software except for temporary transfer in the event of computer malfunction; (b) assignment, time-sharing, lend or lease, or rental of the ESRI Software or use for commercial network services or interactive cable or remote processing services; and (c) title to the ESRI Software from passing to any other party. 6) Customer will prohibit the reverse engineering, disassembly, or decompilation of the ESRI Software and prohibit duplication of the ESRI Software except for a single archival copy; reasonable Sublicensee backup copies are permitted. 7) Customer will disclaim, to the extent permitted by applicable law, ESRI's liability for any damages, or loss of any kind, whether special, direct, indirect, incidental, or consequential, arising from the use of the ESRI Software. 8) At the termination of their Agreement (Sublicense) with New World, Customer will certify in writing to New World that it has discontinued use and has destroyed or will return to New World all copies of the ESRI Software and documentation. 9) Customer will comply fully with all relevant export laws and regulations of the United States to assure that the ESRI Software, or any direct product thereof, is not exported, directly or indirectly, in violation of United States law. 10) Customer will prohibit the removal or obscuring of any copyright, trademark notice, or restrictive legend. 11) If New World grants a Sublicense to the United States Government, the ESRI Software shall be provided with "Restricted Rights". CONFIDENTIAL 1 CNTADD fire mob.doc Page 8 of 8 Fayetteville Fire Dept., AR City of Fayetteville Staff Review Form a/oZp�d 7 City Council Agend Items or Contracts February 20, 2007 a f City Council Meeting Date Tony Johnson Fire Fire Submitted By Division Department Action Required: The Fayetteville Fire Department is seeking a bid waiver to purchase hardware, software, and radio equipment in order to install and implement mobile data terminals in all front line apparatus, reserve apparatus, and some staff vehicles. This equipment will be purchased utlizing grant funds and is the same equipment already procured by the Police Department. This will allow standardization of equipment as well as a more stable platform for the computer system to operate. $ 268,600 $ 354,200.00 Fire Records Mgmt System Cost of this request Category/Project Budget Program Category/Project Name 1010.3020.5801 .00 $ Fixed Assets Account Number Funds Used To Date Program/Project Category Name 06034. 1 $ 354,200.00 General Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached SIJ Previous Ordinance or Resolution# 2/1/2007 Department'Director Date Original Contract Date: Original Contract Number: City Attor ey Date Received in City Clerk's Office Finance and Internal Service Director Date Received in Mayor's Office JENRII Mayo Date Comments: R S DEPARTMENTAL CORRESPONDENCE To: Mayor Coody and members of the City Council From: Tony Johnson, Fire Chief Date: 211/2007 Subject: Approval of Bid Waiver for Mobile Data Terminals Project RECOMMENDATION: Council approves a bid waiver for the purchase of software, hardware, and radio equipment in order for the Fire Dept to install and implement mobile data terminals in all front line and reserve apparatus as well as some command vehicles. I also request that Council authorizes Mayor Coody to issue a purchase order to Smith Two Way Communications for IP Mobile Net equipment for the radio equipment as well as the Motorola ruggedized laptops as they are the Motorola representative for this region. This is the same equipment that the Police Dept has already purchased for their mobile data terminals. A purchase order to New World is requested for the purchase of additional licenses and related required software for the mobile product that the Police Dept is currently utilizing. BACKGROUND: The Fayetteville Police Dept has been using New World Mobile Data software since 1999. This software allows real time access to dispatch information along with in car mapping and AVL capabilities. The Fire Dept has no access to dispatch information once in route. The New World system has the functionality to track information such as hydrants, pre fire plans, HAZMAT information, etc but this information cannot currently be accessed from the apparatus. DISCUSSION: Because this is the same equipment that is used by the Police Dept, the addition of this equipment for the Fire Dept would provide a standardized system citywide. Our current IT staff is already familiar with this equipment, which would allow for more efficient maintenance of the system. By not having another third party software interfacing with this product, the operating environment will be more stable and future upgrades to the system should not be affected. By utilizing the IPSeries product, the operating environment is also much more stable. We have looked at other third party products through the RFP process. All the products presented required an interface that would have to be written in order for their product to work. This could be a very time consuming as well as expensive process. It has also not been proven to work with the New World system. By staying with New World, we will eliminate this uncertainty and expense. By staying with the current hardware and radio equipment, all of the equipment would then be standardized citywide. BUDGET IMPACT: All of the funds required for this project will be from a 2006 Assistance to Firefighters Grant award. The money is available through September 2007 so long as the project has been completed by that time. For this reason, time is also a consideration for this request. By keeping the same system and equipment, the implementation process will be much quicker and easier. 0 Page 1 ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING THE PURCHASE OF MOBILE DATA TERMINALS WITH THE ASSOCIATED HARDWARE AND SOFTWARE IN THE AMOUNT OF $268,600.00 FOR USE BY THE FAYETTEVILLE FIRE DEPARTMENT. WHEREAS, the Fayetteville Police Department implemented New World Mobile Data Terminals with the associated hardware and software beginning in 2003; and, WHEREAS, Fleet maintenance personnel are already trained and proficient in the maintenance of this equipment; and, WHEREAS, maintaining uniform computer and communications equipment in front line and reserve Fva units as well as Police units will result in both increased operational and fiscal efficiencies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIk O' THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby finds that such ircumstances constitute an exceptional situation where competitive bidding isnot feasible or pravtical,AM waives the riuirements of formal competitive bidding for Mobile Data Terminals with it*ciated hardwerre ind�8ware. Section 2. That the City Council�e City of Fa a evi le, Arkansas hyreby approves theIpUrCA'ase� of New World Systems Mobile Data Term l is=with crated hwc ar and software m the amount of$26�� 600.00 for use by the Fayetteville Fire Department. PASSED an an PROVED this,20 day of F tiruary, 20 7. APPROVE ATiT ST: By: By: DAN'COODY, Mayor SONDRA SMITH, City Clerk/Treasurer