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HomeMy WebLinkAboutOrdinance 5378 ORDINANCE NO. 5378 AN ORDINANCE WAIVING THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVING A THREE (3) YEAR CONTRACT WITH NEW WORLD SYSTEMS CORPORATION FOR PUBLIC SAFETY SOFTWARE SERVICE AND MAINTENANCE IN AMOUNTS OF $95,221.00 FOR YEAR 2011, $99,982.00 FOR YEAR 2012, AND $104,981.00 FOR YEAR 2013, PLUS APPLICABLE SALES TAXES WHEREAS, the City has maintained a software agreement with New World Systems Corporation since 1992, with the Police Department and Fire Department using New World since 1996; and WHEREAS, service and maintenance fees are necessary to keep software current, thereby allowing the City to receive updates and enhancements to the software as they become available; and WHEREAS, New World Systems Corporation is the only maintenance and service provider for their software modules; and WHEREAS, New World Systems software is proprietary, and no other suppliers are available for maintenance and service of the software used by the Police and Fire Departments. 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 an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a three (3) year contract with New World Systems Corporation for public safety software service and maintenance in amounts of$95,221.00 for year 2011, $99,982.00 for year 2012, and $104,981.00 for year 2013, plus applicable sales taxes. A copy of the agreement is attached as Exhibit"A. PASSED and APPROVED this 21St day of December,2010. 9ECfi➢PF;. APPROVED: ATTEST: C Cj By: .... By: ®FAYETTEVI LLE m LI ELD ,Mayor SO RA E. SMITH,City Clerk/Treasu o n:-s NEW WORLD SYSTEMS CORPORATION STANDARD SOFTWARE MAINTENANCE AGREEMENT This Standard Software Maintenance Agreement(SSMA)between New World Systems Corporation(New World)and Fayetteville,AR Police Department(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) 1/1/11 to(end date) 12/31/13. 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. (f) Includes ESRI Integration for the ESRI software that is part of Exhibit A Licensed Standard Software. 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. 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 hourly fees plus reasonable expenses. 4. Billing Maintenance costs will be billed annually as detailed on the following page. 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) CONFIDENTIA Fayetteville,AR PD n 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). 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 Standard Software packages licensed by the Customer: Application Package Number of Modules 1. Aegis® Computer Aided Dispatch(CAD) 17 2. Aegis® Law Enforcement Records Software 25 3. Aegis® Fire Records Software 2 4. Aegis® Public Safety Interface Software 2 5. Aegis® Photo Imaging Software 2 6. Aegis® Data Management and Retrieval Tools 2 7. Aegis® Mobile Management Server Software 2 8. Aegis® Mobile Software on the RS6000 3 9. Aegis® Mobile Client Laptop Software 4 10. Aegis® Mobile Software on the 400 or MSP Server 3 11. Aegis® ESRI Embedded Applications-New 2 12. Aegis® ESRI Embedded Applications-Upgrades 2 ANNUAL MAINTENANCE COST: See Below Period Covered Annual Amount Billina Date 1/1/2011 to 12/31/2011 $95,221 12/15/2010 1/1/2012 to 12/31/2012 $99,982 12/15/2011 1/1/2013 to 12/31/2013 $104,981 12/15/2012 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 THIRTY(30)DAYS FROM BILLING DATE. (Rev SSMA 03/06) CONFIDENTIAL Fayetteville,AR PD 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: Fay2fleville AR Police Department New Worl stems Cor oratio LJVF Name: Name: Title: Title: / Date: /o�,�� 7'�/!� 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. (Rev SSMA 03/06) CONFIDENTIAL Fayetteville,AR PD Fayetteville, AR Police Department Licensed Application Software At September,2010 1. Aegis®Combined LE/Fire/EMS CAD Multi-Jurisdiction -Combined LE/Fire/EMS CAD Multi-Jurisdiction -Base -Call Scheduling Module -Call Stacking Module -Geo-File Verification Module -Hazard and Location Alerts Module -Hydrant Inventory Module -Interface to Aegis®Law Enforcement Records Module -Interface to Aegis®Fire/EMS Records Module -Note Pads Module -Rip-N-Run Module -Run Cards Module -Tone Alerts Module -Unit Control Panel Module -Unit Recommendations Module -Service Vehicle Rotation -CAD Redundancy -CAD Mapping(ESRI) 2. Aegis®LE Records Single Jurisdiction Base -LE Records Single Jurisdiction Base -Base -Accidents Module -Arrest Module -Business Registry Module -Case Processing Module -Computer Aided Investigations Module -Federal Reports(UCR/IBR)Module -Geo-File Verification Module -Impounded Vehicles Module -Incident Tracking Module -Jacket Processing Module -Personnel/Education Module -Property Module -Traffic Tickets and Citations Module -Wants and Warrants Module -LE Records Federal& State Compliance -Field Investigations -Case Management -GEO File Verification -Bookings -Activity Reporting and Scheduling -Property Room Bar Coding -Hazardous Materials -Paperless Automated Case Entry(PACE) -APS Ticket Writer Interface (Rev SSMA 03/06) CONFIDENTIAL Fayetteville,AR PD Fayetteville, AR Police Department Licensed Application Software At September, 2010 3. Aegis®Fire Records Base Package -Fire Records Base Package -Fire Records Compliance 4. Aegis®AS/400 State/NCIC Interface -AS/400 State/NCIC Interface -On-Line CAD Interface to State/NCIC 5. Aegis®Capture/View Stations -Capture/View Stations -Public Safety Line Ups/Mug Shots -Digital Imaging 6. Aegis®Microsoft Word Interface -Microsoft Word Interface -Data Analysis and Mapping 7. Aegis®AVL Mapping Server -AVL Mapping Server -Base CAD/NCIC/Messaging 8. Aegis®Base Message Switch to NCIC -Base Message Switch to NCIC -New World CAD Interface for Aegis/400 -AVL Interface 9. Aegis®LE State/NCIC via Switch -LE State/NCIC via Switch 27 User(s) -LE CAD Via Switch 29 User(s) -In Car Mapping 2 User(s) -Ticket Writer Interface 1 User(s) 10. Aegis®MDT/MCT Base LE CAD Interface -MDT/MCT Base LE CAD Interface -AVL CAD Interface -MDT/MCT Base CAD/RMS Interface 11. Aegis®ESRI Embedded Applications -CAD Mapping Integration -Mobile In-Car Mapping Integration 12. Aegis®ESRI Embedded Applications -CAD Mapping Integration -Data Analysis/Mapping Integration (Rev SSMA 03/06) CONFIDENTIAL Fayetteville,AR PD City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/21/2010 City Council Meeting Date Agenda Items Only Greg Tabor Support Services Police Submitted By Division Department Action Required: Approval of an ordinance to waive competitive bidding and to approve a three (3)year contract with New World Systems Corporation for Public Safety software maintenance in the amount as follows: 2011 -$95,221; 2012 - $99,982; and 2013-$104,981 plus tax. $ 104,030.00 $ 104,030.00 Maintenance Cost of this request Category/Project Budget Program Category/Project Name 1010-3020-5416.00 $9,505 1010-2900-5416.00 $94,525 $ - Software Maintenance Account Number Funds Used to Date Program/Project Category Name $ 104,030.00 General Project Number Remaining Balance Fund Name Budgeted Item �X Budget Adjustment Attached �������Previous Ordinance or Resolution# Department Date Original Contract Date: ve_s%�� /I— V Original Contract Number: orney Date Finance and Internal Services Director Date Received in City 1 1-29-1 0 PO4:09 R CV D Clerk's Office d C1 f of tall Date Received in E� Mayor's Office yor Date Comments: Revised January 15, 2009 V I l OVTHE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Members From: Greg Tabor, Chief of Police�A— Date: November 29, 2010 Subject: Approval of a bid waiver and three (3) year contract with New World Systems for Public Safety software maintenance fees PROPOSAL: City Administration has maintained a software maintenance agreement with New World Systems since 1992. Public Safety began using New World in 1996. Since that time we have added several enhancements such as mobile computing and electronic ticketing. New World Systems is a very stable company with the resources to supply support for the needs of the Police Department. 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 for technical phone support and problem troubleshooting and resolution. The software products that we have purchased from New World Systems are essential to all aspects of Public Safety's day to day operations and it is important that we keep these assets current. RECOMMENDATION: Staff recommends approval of an ordinance to waive competitive bidding and to approve a three (3) year contract with New World Systems for Public Safety software maintenance in the amount as follows: 2011 - $95,221; 2012 - $99,982; and 2013 - $104,981 plus tax. BUDGET IMPACT: Funding is included in the 2011 proposed budget. SOLE SOURCE JUSTIFICATION PURPOSE: This form, with one or more categories completed, must accompany purchase requisitions for the sole source procurement of equipment, services or supplies exceeding $1000 (purchased from State Contract venders excepted). The purpose of sole source justification is to show that competitive bidding is impractical because only one product or service provider can meet a specific need. Therefore, an equitable evaluation of comparable products or services must be made and documented by the requester who shows that rejection of other products or services is based solely on their failure to meet that need. In cases where no other comparable source can be identified, a technical description of the product requested and a listing of those companies which were considered as alternative sources must be provided. Quality can be a subjective evaluation based upon opinion. Municipal (public) procurement law requires price considerations be evaluated via competitive quoting or bidding. While all sole source justifications are subject to review, sole source justified purchases of $20,000.00 or more must be publicly bid or a bid waiver approved by Council. Justifications must contain clear, in-depth, and accurate information in order to avoid protests and the possibility of delaying the procurement. INSTRUCTIONS: 1. Please type or print legible in ink. 2. Complete all categories and sections that apply. 3. Provide full explanation, complete descriptions, and/or list all relevant reasons where space has been provided. Sole Source Justification forms lacking sufficient detail cannot be approved. 4. Sign and date the form in the space provided for"signature". 5. Improperly completed, and/or unsigned forms will be returned to the sender. TO: Purchasing Division Date: 11-29-10 FROM: Willie Newman Dept: Greg Tabor Names of Requisitioner and Dept. Head SUBJECT: Sole Source Justification Purchase Requisition (attached) Proposed Vendor New World Systems Product Description Maintenance and service fees for Public Safety Software Modules STATEMENT I am aware that Fayetteville Code of Ordinances,Title III Administration, Chapter 34,Article II mandates that the procurement of services,materials, equipment and supplies be via competitive quotes whenever the amount is over$1,000.00. However, I am requesting sole source procurement based on the following criteria. (Attach additional sheets as necessary): 1. The requested product is an integral repair part or accessory compatible with existing equipment. (please state the manufacturer and model number of existing equipment): 2. The requested product has special design/performance features which are essential to my needs. Both A and B portions of this category must be completed. A. These features are: New World Systems is the only maintenance and service provider of their software modules. Fayetteville Police and Fire have used New World Systems software since 1996. B. In addition to the product requested, I have contacted other suppliers and considered their product of similar capabilities. I find their product unacceptable for the following reasons (identify companies contacted, individuals contacted, model number and specific technical deficiency). New World Systems software is proprietary;therefore, no other suppliers are available for this maintenance and service. 3. I have standardized the requested product/service;the use of another would require considerable time and money to evaluate. Explain: 4. The requested product is one which I (or my staff)have specialized training and/or extensive experience.Retraining would incur substantial cost in money and/or time. Explain: 5. Please consider sole source approval for this reason(s) (e.g.trade-in allowance; availability of services, parts and maintenance; product is a prototype; inventory of parts are maintained, etc.): No other suppliers are available for the maintenance and service of the Public Safety software modules used by the Police and Fire Departments Authorization: Full Name and Title ofquisitioner Willie Newman, Financial Coordinator it Z (typed or printed in ink) Signature Date Full Name of Division ad Chief Greg Tabor (typed or printed in ink) Signature Date N��—� -�� Requisition o.: Date: City Of Fayetteville' Purchase Order (PO) Request 1/312011 (Not a Purchase Order) P.0 Number: Expected Delivery Date: All purchases under$2500 shall be used on a P-Card unless medical or 1099 service related. (CaN x256 with questions) All PO Request shall be scanned to the Purchasing e-mail:Purchasing@ci.fayetteville.ar.us Vendor#: Vendor Name: Mail 236 New World Systems Yes:_X No: Address: Fob Point: Taxable Quotes Attached 888 W Big Beaver,Ste 600 Yes:_ No: Yes: No: City: State: Zip Code: Ship to code: Divison Head Approval: Troy IMI 48084 Requester: Requester's Employee#: Extension: W Newman 2888 579 Item Descriptio Quantity Unit of Issue Unit Cost Extended Cost Account Numbers Project/Subproject# Inventory# Fixed Asset# 1 Public Safety Software 1 LS 95,221.00 $95,221.00 1010-2900-5416.00 Maintenance 2 $0.00 3 $0.00 4 $0.00 5 $0.00 6 $0.00 7 $0.00 8 $0.00 9 $0.00 10 $0.00 Shipping/Handling $0.00 Special Instructions: 2011 Purchase Request Subtotal: $95,221.00 Tax: $8,807.94 Total: $104,028.94 Approvals: Mayor: Department Direc Purchasing Manager: Finance&Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Revised 1/2/2008