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Home My WebLink AboutOrdinance 5756ORDINANCE NO. 5756 AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A TWO (2) YEAR CONTRACT WITH NEW WORLD SYSTEMS CORPORATION FOR SOFTWARE SERVICE AND MAINTENANCE IN THE AMOUNT OF $106,690.00 PER YEAR, PLUS ANY APPLICABLE SALES TAXES WHEREAS, the City has maintained a software agreement with New World Systems Corporation since 1992 for software modules in financial management, human resources, utility billing, licensing, NettoGov interfacing software and public safety software; and WHEREAS, the City recently extended a separate agreement with New World Systems for maintenance of its public safety software but additional service and maintenance fees are necessary to keep the remaining software modules current, thereby allowing the City to continue receiving updates and enhancements to the software as they become available; and WHEREAS, New World Systems software is proprietary and New World is the only maintenance and service provider for the software modules used by the City. 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 two (2) year contract with New World Systems Corporation for software service and maintenance in the amount of $106,690.00 per year, plus any applicable sales taxes. A copy of the agreement is attached to this Ordinance and made a part hereof. Page 2 Ordinance No. 5756 PASSED and APPROVED this 3`d day of March, 2015. A PPR (IVPTI- ATTEST: By: Ava� 6. 4H x SONDRA E. SMITH, City Clerk/Treas P"I'llite. c ; FAYETTEVILLE' z _" s° ®ids' ®° �f(,[� j�Sp'J ` � ��• ey .° City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 eu 479-575-8323 No Text File File Number: 2015-0080 Agenda Date: 3/3/2015 Version: 1 Status: Passed In Control: City Council File Type: Ordinance Agenda Number: C. 3 NEW WORLD SYSTEMS CORPORATION (SOFTWARE SERVICE AND MAINTENANCE): AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A TWO (2) YEAR CONTRACT WITH NEW WORLD SYSTEMS CORPORATION FOR SOFTWARE SERVICE AND MAINTENANCE IN THE AMOUNT OF $106,690.00 PER YEAR, PLUS ANY APPLICABLE SALES TAXES WHEREAS, the City has maintained a software agreement with New World Systems Corporation since 1992 for software modules in financial management, human resources, utility billing, licensing, NettoGov interfacing software and public safety software; and WHEREAS, the City recently extended a separate agreement with New World Systems for maintenance of its public safety software but additional service and maintenance fees are necessary to keep the remaining software modules current, thereby allowing the City to continue receiving updates and enhancements to the software as they become available; and WHEREAS, New World Systems software is proprietary and New World is the only maintenance and service provider for the software modules used by the City. 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 two (2) year contract with New World Systems Corporation for software service and maintenance in the amount of $106,690.00 per year, plus any applicable sales taxes. A copy of the agreement is attached to this Ordinance and made a part hereof. City of Fayetteville, Arkansas Page 1 Printed on 316/2015 City of Fayetteville Staff Review Form 2015-0080 Legistar File ID 3/3/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Information Technology / Brad Fulmer 2/11/2015 Finance & Internal Services Department Submitted By Submitted Date Division / Department Action Recommendation: To waive competitive bidding and approve a 2 -year Software Maintenance Contract with New World Systems, Inc. to be paid annually as follows: 2015 - $106,690 and 2016 - $106,690. Budget Impact: 1010:1710.5416.00 General Account Number Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Fund Project Title Current Budget $ 365,583.00 Funds Obligated $ 70,193.00 Current Balance Item Cost $ 106,690.00 Budget Adjustment Remaining Budget Iii:700 OLf V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF 11 A _• 1 le ay ARKANSAS MEETING OF MARCH 3, 2015 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Brad Fulmer, Systems Administrator CITY COUNCIL AGENDA MENTO DATE: February 11, 2015 SUBJECT: New World Systems Maintenance Contract Renewal RECOMMENDATION: Staff recommends to waive competitive bidding and approve a 2 -year Software Maintenance Contract with New World Systems, Inc. to be paid annually as follows: 2015 - $106,690 and 2016 - $106,690. 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 modules in Financial Management, Human Resources, Utility Billing, Licensing, and NettoGov interfacing software. 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 purchased from New World are essential to the City's day to day operations and thus important to keep these assets current. BUDGET/STAFF IMPACT: 2015 Budgeted expense Attachments: Staff Review Form Staff Memo New World Contract 2015 New World Invoice Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 two (2) years from (start date) 1/1/15 to (end date) 12/31/16. 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. 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) 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). 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 400 Server 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. Logos® Financial Management Software 15 2. Logos® Human Resources Software 4 3. Logos® Utility Information Software 3 4. Logos® Logos Net.toGov 2 5. Logos® Licensing Software 1 6. Logos® Other Software 1 7. Logos® Data Management and Retrieval Tools 1 ANNUAL MAINTENANCE COST: See Below Period Covered Annual Amount Billing Date 1/1/2015 to 12/31/2015 $106,690 12/15/2014 1/1/2016 to 12/31/20.16 $106,690 12/15/2015 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: New World Systems Cor on Na 3' Tit e: C's� 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 Fayetteville, AR Licensed Application Software At January, 2015 1. Logos® Financial Management Base Package - 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® Payroll with Base Personnel - Payroll with Base Personnel - Advanced Personnel - Position Control and Budgeting - HR/Payroll Report Writer 3. Logos® Water / Sewer Base - Water / Sewer Base - Auto PC Meter Read - Utility Mgt. Report Writer 4. Logos® Net.toGov Utility Information - Net.toGov Utility Information - Net.toGov iSeries Module 5. Logos® Animal Licensing - Animal Licensing 6. Logos® Parking Tickets - Parking Tickets 7. Logos® Microsoft Word Interface - Microsoft Word Interface (Rev SSMA 03/06) CONFIDENTIAL Fayetteville, AR 1172 q7� New World Systems / p�cEt�E° STATEMENT v tip15 79�rePfrblicSecMrso�lwareComPany j�; s �` Date January 07, 2015 Account Number FAY0446 Ms. Marsha Farthing Fayetteville, AR 113 West Mountain Fayetteville, AR 72701 United States PAGE 1 of I Questions? Please contact Dennis Kleinedler. 248-269-1000 ext. 1372 or email Dennis.Kleinedier@NewWorldSystems.com Type Description Amount Balance Reference Date 039200 12/15/2014 Invoice SW Main(SSMA): 1/1115-12/31115 106,690.00 106,690.00 AMOUNTDUE> 106.690.00 Current 1 to 30 31 to 60 61 to 90 Over 90 106,690.00 0.00. 0.00 0.00 0.00 KtJVLU MAR 1 6 2015 CITY OFCLERKFAYETTEVILLE CITY CNORTHWESTARKANsAs CLERKS S OFFICE Ii In.iTiivii! fpf RO. BOX 1607, F AYF I I EVILLFE, AR, 72702 a 479-442-1700 - FAX: 479-695-1T0 > WWW.NWADG.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5756 Was inserted in the Northwest Arkansas Democrat Gazette on: March 12, 2015 Publication Charges: $ 103.76 5W&LJ c2 Karen Caler Subscribed and sworn to before me This j day ofd 2015. Notary Public My Commission Expires: 2(2a/Za2)/_ **NOTE** Please do not pay from Affidavit. Invoice will be sen CATHY WILES Arkansas - Benton County Notary Public - Comm# 12397118 My Commission Expires Feb 20, 2024