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Home My WebLink AboutOrdinance 5227 ORDINANCE NO. 5227 AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND TO APPROVE A THREE YEAR CONTRACT FOR SOFTWARE MAINTENANCE WITH NEW WORLD SYSTEMS, INC. WHEREAS, the City has used the New World Systems, Inc.'s software for seventeen years and desires to continue to operate this system; and WHEREAS, only New World Systems, Inc. can provide the necessary software maintenance for its software which is essential to the City's day to day operations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville Arkansas hereby determines that the above considerations demonstrate that competitive bidding for software maintenance is not feasible nor practical and therefore waives the formal requirements for competitive bidding and approves the Standard Software Agreement with New World Systems, Inc. for a three year period for a total of $250,546.00 to be paid annually as follows: 2009 — $77,434.00; 2010 — $83,629.00; and 2011 —$89,483.00. gFK54RIPFPkTid{kA PASSED and APPROVED this 17'x'day of March, 2009. ��y�'°°c,��Y o- @ FAYETTEVILLE APPROVED: ATTEST: ''- a®r'fJ�,�m,7/�fr SP�me\fid cp tdillii#iE5'egn6 By: By: L NLD JO , Mayor SOND E. SMITH, City lerk/Treasurer NEW WORLD SYSTEMS CORPORATION STANDARD SOFTWARE MAINTENANCE AGREEMENT This Standard Software Maintenance Agreement(SSMA)between New World Systems Corporation(New World)and Fayetteville,AR(Customer) sets forth the standard software maintenance support services provided by New World, 1. Service Period This SSMA shall remain in effect for a period of three(3) years from(start date) 1/1/09 to(end date) 12/31/11. 2. Services Include The following services or features are available under this SSMA: (a) Upgrades,including new releases, to the Licensed Standard Software(prior releases of Licensed Standard Software application packages are supported no longer than nine(9) months after a new release is announced by New World). (b) Temporary fixes to Licensed Standard Software (see paragraph 6 below). (c) Revisions to Licensed Documentation. (d) Reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone). (e) Invitation to and participation in user group meetings. Items a,b, and c above will be provided to Customer by electronic means. Additional support services are available as requested by Customer using the then-current hourly rates or applicable fees. Exhibit B of your original License Agreement has a description of support services available. 3. Maintenance for Modified Licensed Standard Software and Custom Software Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software,these changes or modifications(no matter who makes them)make the modified Licensed Standard Software more difficult to maintain.If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request, then the additional New World maintenance or support services provided shall be billed at the then-current Exhibit B hourly fees plus reasonable expenses. 4. Billing Maintenance costs will be billed annually as detailed on the following page. (Any Exhibit B support or service hours and travel costs incurred are billed weekly for the previous calendar week.)If taxes are imposed,they are the responsibility of the Customer and will be remitted to New World upon being invoiced. 5. Additions of Software to Maintenance Agreement Additional Licensed Standard Software licensed from New World will be added to the SSMA per the terms of the contract adding the software. Maintenance costs for the additional software will be billed to Customer on a pro rata basis for the remainder of the current maintenance year and on a full year basis thereafter. (Rev SSMA 03/06) CONFIDENTIAL Fayetteville,AR 6. Requests for Software Correction on Licensed Standard Software At any time during the SSMA period,if Customer believes that the Licensed Standard Software does not conform to the current specifications set forth in the user manuals, Customer must notify New World in writing that there is a claimed defect and specify which feature and/or report Customer believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World will provide software correction service at no charge. A non-warranty request is handled as a billable Request for Service(RFS) using Exhibit B Support Services. The no charge software correction service does not apply to any of the following: (a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel; (b) situations where Customer's use or operations error causes incorrect information or reports to be generated; and; (c) requests that go beyond the scope of the specifications set forth in the current User Manuals. 7. Maintenance Costs for Licensed Standard Software Packages Covered for IBM AS/400-2043 New World agrees to provide software maintenance at the costs listed below for the following New World Licensed Standard Software packages installed at Customer's location: Application Package Number of Modules 1. Logos® Financial Management Software 15 2. Logos® Human Resources Software 4 3. Logos® Utility Information Software 3 4. Logos® Licensing Software 1 5. Lagos® Logos Net.toGov 2 6. Logos® Other Software 1 7. Logos® Data Management and Retrieval Tools 1 ANNUAL MAINTENANCE COST:See Below Period Covered Annual Amount Billing Date 1/1/2009 to 12/31/2009 $77,434 12/15/2008 1/1/2010 to 12/31/2010 $83,629 12/15/2009 1/1/2011 to 12/31/2011 $89,483 12/15/2010 Note: Unless extended by New World, the above costs are available for 90 days after submission of the costs to Customer. After 90 days, New World may change the costs. ALL INVOICES ARE DUE FIFTEEN 15 DAYS FROM BILLING DATE. (Rev SSMA 03/06) CONFIDENTIAL Fayetteville,AR 8. Terms and Conditions This Agreement is covered by the Terms and Conditions specified in the Licensing Agreement(s)for the software contained herein. ACCEPTED BY: ACCEPTED BY: Customer: Fa o tteville AR New World-Systems Cor or Name: Name: • Title: /'"L Title: J kWl Date: A Date: 0 ^U v By signing above,each of us agrees to the terms and conditions of this Agreement and as incorporated herein. Each individual signing represents that(s)he has the requisite authority to execute this Agreement on behalf of the organization for which(s)he represents and that all the necessary formalities have been met.If the individual is not so authorized then(s)he assumes personal liability for compliance under this Agreement. (Rev 55MA 03/06) CONFIDENTIAL Fayetteville,AR Fayetteville, AR Licensed Application Software January, 2008 1. Logos® Financial Management Software -Financial Management Base Package - Base - General Ledger Module - Budgetary Reporting Module -Annual Budget Processing Module - Requisition Processing Module -Purchasing Module - Accounts Payable Module - Revenue Accounting Module -Financial Cash Register Interface -Integrated Inventory -Project/Grant Accounting -Accounts Receivable -Fixed Assets -Management Reporting -Financial Management Report Writer 2. Logos® Human Resources Software -Payroll with Base Personnel -Advanced Personnel -Position Control and Budgeting -HR/Payroll Report Writer 3. Logos®Utility Information Software -Water/Sewer Base -Auto PC Meter Read -Utility Mgt. Report Writer 4. Logos®Licensing Software -Animal Licensing 5. Logos® Logos Net.toGov -Net.toGov Utility Information -LogosNet.toGov iSeries Module 6. Logos® Other Software -Parking Tickets 7. Logos®Data Management and Retrieval Tools -Microsoft Word Interface (Rev SSMA 03/06) CONFIDENTIAL Fayetteville,AR City of Fayetteville Staff Review Form 3/�7fr� City Council Agenda Items '3�5 and Contracts, Leases or Agreements 3/17/2009 City Council Meeting Date Agenda Items Only S. Huddleston InformationTechnology f=inance Submitted By Division Department Action Required: Approval of a 3-Year New World Systems, Inc. software maintenance contract and payment of fees and applicable taxes. $ 84,596.65 $ 254,820.00 Software Maintenance Cost of this request Category 1 Project Budget Program Category 1 Project Name 1010-1710-5416.00 $ 106,813.00 Account Number Funds Used to Date Program 1 Project Category Name $ 148,007.00 General Project Number Remaining Balance Fund Name Budgeted Item 0 Budget Adjustment Attached I�Lt 2 7 Ur Previous Ordinance or Resolution# 244-05 Department Director Date Origina[Contract Date: 7/2/1991 Original Contract Number: City Att Date if Fe Q. Finance and Internal Services Director Date Received in City Clerk's Office dy A 91M Co taff1y11L ate t Received in Mayor's Office I M or ate Comments: Revised January 15, 2009 FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS March 10, 2009 Agenda Session February 4, 2009 TO: Mayor Jordan FROM: Scott Huddleston. Information Technology Director SUBJECT: AGENDA ITEM TO APPROVE 3-YEAR STANDARD SOFTWARE MAINTENANCE AGREEMENT CONTRACT WITH NEW WORLD SYSTEMS, INC. FOR 2009-2011 SERVICE AND MAINTENANCE FEES. Recommendations: Staff recommends approval of 3-Year Standard Software Maintenance Agreement Contract with New World Systems, Inc. Discussion: Service and Maintenance fees are necessary to keep software current. These fees allow the City to receive updates and-enhancements to the software as they become available. .In addition, Service and Maintenance fees provide technical phone support and problem troubleshooting and resolution. The software products that we have purchased from New World are essential to the City's day to day operations and it is important that we keep these assets current. Background: The City purchased and implemented New World Systems,Inc.software in 1992. The City currently maintains and utilizes New World applications with unlimited user counts that include 15 different modules of Financial Management software,4 modules of Human Resources software,3 modules of Utility Billing software, 1 module of licensing software, and 2 modules of NettoGov internet interfacing software. ORDINANCE NO. AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND TO APPROVE A THREE YEAR CONTRACT FOR SOFTWARE MAINTENANCE WITH NEW WORLD SYSTEMS, INC. WHEREAS, the City has used the New World Systems, Inc.'s software for seventeen years and desires to continue to operate this system; and WHEREAS, only New World Systems, Inc. can provide the necessary software maintenance for its software which is essential to the City's day to day operations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville Arkansas hereby determines that the above considerations demonstrate that competitive bidding for software maintenance is not feasible nor practical and therefore waives the formal requirements for competitive bidding and approves the Standard Software Agreement with New World Systems, Inc. for a three year period for a total of $250,546.00 to be paid annually as follows: 2009 — $77,434.00; 2010 — $83,629.00; and 2011 — $89,483.00. PASSED and APPROVED this 17`h day of March, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer NEW WORLD SYSTEMS CORPORATION STANDARD SOFTWARE MAINTENANCE AGREEMENT This Standard Software Maintenance Agreement(SSMA)between New World Systems Corporation(New World)and Fayetteville,AR(Customer) sets forth the standard software maintenance support services provided by New World. 1. Service Period This SSMA shall remain in effect for a period of three(3)years from(start date) 1/1/09 to(end date) 12/31/11. 2. Services Include The following services or features are available under this SSMA: (a) Upgrades, including new releases,to the Licensed Standard Software(prior releases of Licensed Standard Software application packages are supported no longer than nine(9) months after a new release is announced by New World). (b) Temporary fixes to Licensed Standard Software(see paragraph 6 below). (c) Revisions to Licensed Documentation. (d) Reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00 a.m.to 8:00 p.m. (Eastern Time Zone). (e) Invitation to and participation in user group meetings. Items a,b, and c above will be provided to Customer by electronic means. Additional support services are available as requested by Customer using the then-current hourly rates or applicable fees. Exhibit B of your original License Agreement has a description of support services available. 3. Maintenance for Modified Licensed Standard Software and Custom Software Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software,these changes or modifications (no matter who makes them) make the modified Licensed Standard Software more difficult to maintain. If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request,then the additional New World maintenance or support services provided shall be billed at the then-current Exhibit B hourly fees plus reasonable expenses. 4. Billin Maintenance costs will be billed annually as detailed on the following page. (Any Exhibit B support or service hours and travel costs incurred are billed weekly for the previous calendar week.)If taxes are imposed,they are the responsibility of the Customer and will be remitted to New World upon being invoiced. 5. Additions of Software to Maintenance Agreement Additional Licensed Standard Software licensed from New World will be added to the SSMA per the terms of the contract adding the software. Maintenance costs for the additional software will be billed to Customer on a pro rata basis for the remainder of the current maintenance year and on a full year basis thereafter. (Rev SSMA 03/06) CONFIDENTIAL Fayetteville,AR 6. Requests for Software Correction on Licensed Standard Software At any time during the SSMA period, if Customer believes that the Licensed Standard Software does not conform to the current specifications set forth in the user manuals, Customer must notify New World in writing that there is a claimed defect and specify which feature and/or report Customer believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World will provide software correction service at no charge. A non-warranty request is handled as a billable Request for Service(RFS)using Exhibit B Support Services. The no charge software correction service does not apply to any of the following: (a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel; (b) situations where Customer's use or operations error causes incorrect information or reports to be generated;and; (c) requests that go beyond the scope of the specifications set forth in the current User Manuals. 7. Maintenance Costs for Licensed Standard Software Packages Covered for IBM AS/400-2043 New World agrees to provide software maintenance at the costs listed below for the following New World Licensed Standard Software packages installed at Customer's location: Application Package Number of Modules 1. Logos® Financial Management Software 15 2. Logos® Human Resources Software 4 3. Logos® Utility Information Software 3 4. Logos® Licensing Software 1 5. Logos® Logos Net.toGov 2 6. Logos® Other Software 1 7. Logos® Data Management and Retrieval Tools 1 ANNUAL MAINTENANCE COST: See Below Period Covered Annual Amount Billing Date 1/1/2009 to 12/31/2009 $77,434 12/15/2008 1/1/2010 to 12/3 1/2010 $83,629 12/15/2009 1/1/2011 to 12/31/2011 $89,483 12/15/2010 Note: Unless extended by New World,the above costs are available for 90 days after submission of the costs to Customer. After 90 days, New World may change the costs. ALL INVOICES ARE DUE FIFTEEN(15)DAYS FROM BILLING DATE. (Rev SSMA 03/06) CONFIDENTIAL Fayetteville,AR 8. Terms and Conditions This Agreement is covered by the Terms and Conditions specified in the Licensing Agreement(s) for the software contained herein. ACCEPTED BY: ACCEPTED BY: Customer: Fa etteville AR New World Systems Corporation Name: Name: Title: Title: Date: Date: By signing above,each of us agrees to the terms and conditions of this Agreement and as incorporated herein. Each individual signing represents that(s)he has the requisite authority to execute this Agreement on behalf of the organization for which(s)he represents and that all the necessary formalities have been met.If the individual is not so authorized then(s)he assumes personal liability for compliance under this Agreement. V 4 tin i 5 k'V (Rev SSMA 03/06) CONFIDENTIAL Fayetteville,AR Fayetteville, AR Licensed Application Software January, 2008 1. Logos®Financial Management Software -Financial Management Base Package -Base - General Ledger Module -Budgetary Reporting Module -Annual Budget Processing Module - Requisition Processing Module -Purchasing Module -Accounts Payable Module - Revenue Accounting Module -Financial Cash Register Interface -Integrated Inventory -Project/Grant Accounting -Accounts Receivable -Fixed Assets -Management Reporting -Financial Management Report Writer 2. Logos®Human Resources Software Payroll with Base Personnel -Advanced Personnel -Position Control and Budgeting -HR/Payroll Report Writer 3. Logos®Utility Information Software -Water/ Sewer Base -Auto PC Meter Read -Utility Mgt. Report Writer 4. Logos®Licensing Software -Animal Licensing 5. Logos®Logos Net.toGov -Net.toGov Utility Information -LogosNet.toGov iSeries Module 6. Logos® Other Software -Parking Tickets 7. Logos®Data Management and Retrieval Tools -Microsoft Word Interface (Rev SSMA 03/06) CONFIDENTIAL Fayetteville,AR