HomeMy WebLinkAbout189-03 RESOLUTION• •
RESOLUTION NO. 189-03
A RESOLUTION TO APPROVE A CONTRACT WIT }-I EDC
CORPORATION FOR THE AIMS PARKING MANAGEMENT
SYSTEM IN THE AMOUNT OF $34,357.26, WITH A PROJECT
CONTINGENCY OF $3,435.74, AND APPROVAL OF A BUDGET
ADJUSTMENT IN TI -IE AMOUNT OF $37,793.00
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 a contract and license agreement with EDC Corporation (attached as Exhibit A)
for the AIMS Parking Management System in the amount of S34,357.26, with a project
contingency of $3,435.74.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
approves a budget adjustment in the amount of $37,793.00 (attached as Exhibit B).
PASSED and APPROVED on this the 16th day of December, 2003.
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SONDRA SMITH, City Clerk
By:
JpEI Mg4'c • •
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Wyi - % Automated Issuance/Management
o` � ELECTRONIC DATA COLLECTION CORPORATIONlot. le
LICENSE AGREEMENT
EDC Corporation, hereafter referred to as "Licensor", grants a license to use the following software
application:
Product.
Automated Issuance Management System
User Type:
113 West Mountain Street
1 User License
Serial Number:
13031124010301019713
This Licensing Agreement is subject to the conditions contained within this agreement. The acceptance
by the customer listed below, hereafter referred to as "Licensee"' is a legal agreement that the licensee
agrees to be bound by the licensing conditions contained within this agreement.
Licensee
City of Fayetteville
Address
113 West Mountain Street
Fayetteville, AR 72701
I. Grant of License. Use. EDC Corporation grants the licensee a non-exclusive license to use one copy
of the aforementioned software program in accordance with the user license listed within this
agreement.
For purposes of this section, "use" means loading the Software into RAM, as well as installation on a
hard disk or othcr storage device. You may access the Software from a hard disk, over a network, or
any other method you choose, so long as you otherwise comply with this License Agreement at the
times during use of the Software.
2. Copyright. The Software is owned by EDC Corporation and is protected by United States Copyright
laws and international treaty provisions. This Software may not be copied for distribution or
redistributed under any circumstances without written permission from an officer of EDC Corporation.
The Licensee may copy the Software solely for backup or archival purposes. You may not copy the
written materials accompanying the Software.
3. Other Restrictions. This EDC Corporation License Agreement is your proof of license for use of the
Software and must be retained by you. This License Agreement must be accepted by signature of an
authorized agent of the licensee and an officer of EDC Corporation in order to be valid.
This License is non -transferable and is intended for single agency use. The Licensee is specifically
prohibited from using this Software to engage in service contracts or in any other service bureau
activities without written consent from licensor. The Licensee has perpetual use of the Software
unless otherwise stated, provided the terms and conditions of this agreement are upheld. You may not
reverse engineer, decompile or disassemble the Software.
13 Dwight Park Drive • Syracuse, New York 13209-1029 • (315) 706-0310 • Fax (315) 706-0330 • E-mail edc®edc-aim.com
www.edc-aim.com
• •
4. Limited Warranty. EDC Corporation warrants that the Software will perform substantially in
accordance with accompanying written materials for a period of one year from the date of receipt.
5. Customer Remedies. EDC Corporation's entire liability and your exclusive remedy shall be, at EDC
Corporation's option, either (a) return of the price paid, or (b) replacement of the Software.
6. No Other Warranties. Except as expressly stated herein, the Software is provided "AS IS" without
warranty of any kind. EDC Corporation disclaims all other warranties, either express or implied. The
licensee bears all risk relating to the quality and performance of the Software.
7. No Liability for Consequential Damages. In no event shall EDC Corporation or its suppliers be
liable for any damages whatsoever (including, without limitation, damages for loss of business profits
or revenues, business interruption, loss of business information or other pecuniary loss) arising out of
the use of or inability to use this EDC Corporation product, even if EDC Corporation has been advised
of the possibility of such damage.
8. U.S. Government Restricted Rights. The Software and documentation are provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions
as set forth in Subparagraph(c)(1)(iii) of The Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or Subparagraph(c)(1) and(2) of the Commercial Computer Software -
Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is EDC
Corporation, 13 Dwight Park Dr, Syracuse, New York 13209.
9. Governing Law. This Agreement is governed by the laws of the State of New York.
10. Effect of Agreement. This Agreement embodies the entire understanding of the parties with respect
to, and supersedes any prior understanding or agreement, oral or written, relating to the Software.
Accepted by Licensor: Name:
Title:
Date:
Signature:
(1tiL.
CO5R-..
i
Accepted by Licensee: Name. 1, /7 -cP//t//1 /)
Title: 3A1. -E3 eE96. J\JTf4TI U
Date: 0/11()03
Signature. /�
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2003
Department: Operations
Division: Telecommunications 8 Parking
Program: Off Street Parking Exp
Date Requested
12/16/2003
Adjustment Number
Project or Item Requested:
$37,793 is requested for the Parking Management
System Capital Project
Project or Item Deleted:
$37,793 reduced from the Parking Deck Rehabilitation
Capital Project
Justification of this Increase:
To replace old Parking Management System purchased
in 1996 that runs on antiquated DOS system and is no
longer supported by vendor can no longer obtain
replacement parts for hardware; can no longer gain
support for software.
Justification of this Decrease:
There is a balance of $232,607 remaining in this project;
the rehab efforts on this project are estimated to be less
than $200,000.
Increase Budget (Decrease Revenue)
Account Name Account Number
Fixed assets
Account Name
Parking deck expenditures
Amount Project Number
2130 9130 5801 00 37,793 03037 01
Decrease Budget (Increase Revenue)
Account Number
2130 9130 5411 00
Amount Project Number
37,793 02085 01
Mayor
Internal SuFiices Direct
Date
/271210
Date
Type:
Budget Office Use Only
A B C C'� E
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
Initial Date
Mayor Purchasing Manager -
Finance & Internal Services Director. ge anager: IT Manager
Dispatch Manager. Utilities Manager Other.
Speaal Instructions:
Bid No. 03-68 scheduled to be approved at December 18, 2003 council meeting.
CO m V N N P 43 N f
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Requester
Sharon Crosson
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City Of Fayetteville
(Not a Purchase Order)
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AIMS Automated Issuance
Management System
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Vendor Name:
EDC Corporation
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Fxtended Cost
2130.91303801-00
Account Numbers
Requester's Employee 9:
174
Zip Code: Ship to code:
82
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Tax: $1,752.28
Total: $34,357.28
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NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 189-03
Document
1
11.21.03
memo to mayor & city council
draft resolution
copy of proposed agreement
staff review form
2
12.22.03
memo to Sharon Crosson
email to Sharon Crosson
email to Clarice Pearman
email to Sharon Crosson
NOTES:
•
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/69
E2xL etrpf7ratort
EDC Corporation/Parking Management System
Page I of7
City Council Mating of December 16, 2003
CITY COUNCIL AGENDA MEMO
TO: Mayor and City Council
THRU: Gary Dumas, Director of Operations
FROM: Sharon Crosson, Parking and Telecommunications Manager 4(/
DATE: November 21, 2003
SUBJECT: Bid Award and Contract Approval with EDC Corporation for the AIMS
Parking Management System; Approval of a Budget Adjustment
RECOMMENDATION
Staff recommends a bid award (Bid No. 03-68) and approval of a contract with EDC
Corporation for the purchase of the AIMS Parking Management System in the amount of
$34,357.26, and the approval of a project contingency in the amount of $3,435.74 for a
total project cost of $37,793.00. The project contingency is anticipated for programming
the application interface between the AIMS System and our current financial software,
New World Systems. Staff also recommends the approval of a budget adjustment for the
total cost of the project.
BACKGROUND
The existing Parking Enforcement System has been in operation since 1996. The old
system runs as a stand alone system on an antiquated DOS PC. We have 3 handheld
devices that are utilized to issue parking citations. Each of these devices have been sent
off for repair on numerous occasions this year, leaving staff reduced to 1 to 2 handhelds
86% of the time. It is essential that we upgrade to a Windows based system as we will no
longer be able to get support for the old software or hardware after this year. The new
system will be networked on the City server and will be interfaced with all other financial
software applications eliminating duplicate entry of tickets, payments and journal entries
into the general ledger.
The Parking Division generates $60,000 annually in parking ticket revenues, $265,000
annually in parking permit revenues, and $125,000 annually in parking meter revenues.
The Parking Management Division currently has a 74% collection rate on parking
citations. With the improved technology of the AIMS System, we can increase our
collections to at least 90% through an improved method of DMV lookup, thus increasing
our revenues by $10,000 annually.
• •
In addition, this system will also make electronic payments available to citizens through
our web site
DISCUSSION
The City of Fayetteville solicited formal bids for a Parking Management System. EDC
was the low bidder, with the high bid coming in at $81,000. Parking Management staff
looked at several different systems prior to the bid process and agreed unanimously that
the AIMS System seemed to meet our needs and be the most user friendly.
BUDGET IMPACT
This $37,793 expenditure for a Parking Management System was not included in the CIP
because staff assumed we would continue to use the existing software and hardware; staff
was unaware that we would no longer be able to receive support or replacement parts for
the existing system until this year. This expenditure will be offset by existing funds in
the Parking Deck Rehabilitation Project.
• •
RESOLUTION NO.
A RESOLUTION TO APPROVE A CONTRACT WITH EDC
CORPORATION FOR THE AIMS PARKING MANAGEMENT
SYSTEM IN THE AMOUNT OF $34,357.26, WITH A PROJECT
CONTINGENCY OF $3,435.74, AND APPROVAL OF A BUDGET
ADJUSTMENT IN THE AMOUNT OF $37,793.00
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 a contract and license agreement with EDC Corporation (attached as Exhibit A)
for the AIMS Parking Management System in the amount of $34,357.26, with a project
contingency of $3,435.74.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
approves a budget adjustment in the amount of $37,793.00 (attached as Exhibit B).
PASSED and APPROVED on this the 2nd day of December, 2003.
ATTEST:
By
SONDRA SMITH, City Clerk
By:
APPROVEDt
D COODY, Mayor
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• •
Automated Issuance/Management
ELECTRONIC DATA COLLECTION CORPORATION
LICENSE AGREEMENT
EDC Corporation, hereafter referred to as "Licensor", grants a license to use the following software
application:
Product:
Automated Issuance Management System
User Type:
Serial Number.
This Licensing Agreement is subject to the conditions contained within this agreement. The acceptance
by the customer listed below, hereafter referred to as "Licensee"' is a legal agreement that the licensee
agrees to be bound by the licensing conditions contained within this agreement.
Licensee
Address
1. Grant of License. Use. EDC Corporation grants the licensee a non-exclusive license to use one copy
of the aforementioned software program in accordance with the user license listed within this
agreement.
For purposes of this section, "use" means loading the Software into RAM, as well as installation on a
hard disk or other storage device. You may access the Software from a hard disk, over a network, or
any other method you choose, so long as you otherwise comply with this License Agreement at the
times during use of the Software.
2. Copyright. The Software is owned by EDC Corporation and is protected by United States Copyright
laws and international treaty provisions. This Software may not be copied for distribution or
redistributed under any circumstances without written permission from an officer of EDC Corporation.
The Licensee may copy the Software solely for backup or archival purposes. You may not copy the
written materials accompanying the Software.
3. Other Restrictions. This EDC Corporation License Agreement is your proof of license for use of the
Software and must be retained by you. This License Agreement must be accepted by signature of an
authorized agent of the licensee and an officer of EDC Corporation in order to be valid.
This License is non -transferable and is intended for single agency use. The Licensee is specifically
prohibited from using this Software to engage in service contracts or in any other service bureau
activities without written consent from licensor. The Licensee has perpetual use of the Software
unless otherwise stated, provided the terms'and conditions of this agreement are upheld. You may not
reverse engineer, decompile or disassemble the Software.
13 Dwight Park Drive • Syracuse. New York 13209-1029 • (315)706-0310 • Fax (315) 706-0330 • E-mail edc®edc-aim.com
r
1
1
1
1
1
1
1
1
1
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• •
4. Limited Warranty. EDC Corporation warrants that the Software will perform substantially in
accordance with accompanying written materials for a period of one year from the date of receipt.
5. Customer Remedies. EDC Corporation's entire liability and your exclusive remedy shall be, at EDC
Corporation's option, either (a) return of the price paid, or (b) replacement of the Software.
6. No Other Warranties. Except as expressly stated herein, the Software is provided "AS IS" without
warranty of any kind. EDC Corporation disclaims all other warranties, either express or implied. The
licensee bears all risk relating to the quality and performance of the Software.
7. No Liability for Consequential Damages. In no event shall EDC Corporation or its suppliers be
liable for any damages whatsoever (including, without limitation, damages for loss of business profits
or revenues, business interruption, loss of business information or other pecuniary loss) arising out of
the use of or inability to use this EDC Corporation product, even if EDC Corporation has been advised
of the possibility of such damage.
8. U.S. Government Restricted Rights. The Software and documentation are provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions
as set forth in Subparagraph(c)(1)(iii) of The Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or Subparagraph(c)(1) and(2) of the Commercial Computer Software -
Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is EDC
Corporation, 13 Dwight Park Dr, Syracuse, New York 13209.
9. Governing Law. This Agreement is governed by the laws of the State of New York.
10. Effect of Agreement. This Agreement embodies the entire understanding of the parties with respect
to, and supersedes any prior understanding or agreement, oral or written, relating to the Software.
Accepted by Licensor: Name:
Title:
Date:
Signature:
Accepted by Licensee: Name:
Title:
Date:
Signature:
STO REVIEW FORM - FINANCIAL. OBLIGOON
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: December 16, 2003
FROM:
Sharon Crosson
Name
Parking Management Operations Department
Division Department
ACTION REQUIRED: Bid award (Bid No. 03-68) and contract approval to EDC Corporation for the AIMS
Parking Management System for a contract amount of $34,357.26, with a project contigency of $3435.74 for a
total project cost of $37,793.00; approval of a budget adjustment for same.
•
COST TO CITY:
$37,793.00 S
Cost of this request Category/Project Budget
2130-9130-5801-00 S
Account. Number
Funds Used to Date
03037-1 S
Project Number
Remaining Balance
Parking Management System
Program Category / Project Name
Transportation Improvements
Program / Project Category Name
Off Street Parking
Fund Name
BUDGET REVIEW:
Budget Manager
Budgeted Item
//711"
Date
XXX Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
City Attorney
///Li /03
Date
717ZY/J3
Date
1,AA
ccA-utt4-
Interdal Audi
Purchasing Manager
I n
Date
ii f a4jts
Date
ST COMMEND ION:
_AwsuVn
Division Head
/1- 21-03
Date
DepartmentDirector
inance & Internal Services Dir.
,/
Chief
istrative Officer
et/
Mayor
Date
Date
Z11`Q3
Date
2f
ate
Received in Mayor's Office
Cross
Reference:
Previous Ord/Res*:
Orig. Contract Date:
Orig. Contract Number:
New Item:
/1/077030
Date
RECE�` reYes
No
NOV 21 2003
CITY OF f
CITY CLL
•
FAYETTEVI LLE
INE CITY OF EAYETTEVIllE, ARKANSAS
•
DEPARTMENTAL CORRESPONDENCE
To: Sharon Crosson
Parking & Telecommunications
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: December 22, 2003
Re: Res. 189-03
Attached please find an executed copy of the above referenced resolution passed by City
Council, December 16, 2003 awarding Bid No. 03-68 to EDC Corporation.
Also attached is one original of the signed agreement, the check request for EDC Corporation
and a copy of the budget adjustment. These documents will be recorded in the city clerk's office
and microfilmed.
If anything else is needed please let the city clerk's office know.
/cbp
cc: Nancy Smith, Internal Auditor
Barbara Fell, Budget & Research
Clarice Pearman - contract
From: Clarice Pearman
To: Crosson, Sharon
Date: 12/17/03 5:10PM
Subject: contract
Sharon please get a signed original contract for the mayors signature and to attached to the resolution
passed by City Council December 16, 2003.
I will need this contract before continuing the resolution process.
Thanks.
Clarice
x309
Page 1
Glance Pearman - Re: contract Page 1
From: Sharon Crosson
To: Pearman, Clarice
Date: 12/18/03 9:04AM
Subject: Re: contract
If you are referring to the EDC Corporation contract, I already delivered the orininal signed contract to your
office on December 2.
Thanks,
Sharon
Clarice Pearman - EDC contract � Page 1
From: Clarice Pearman
To: Crosson, Sharon
Subject: EDC contract
Our log doesn't reflect this contract is in our office. The mayors office log doesn't reflect it in their office.
I have checked and don't find one. We do have an unsigned proposed copy of the agreement, an original
budget adjustment w/pertinent signatures except the mayor's, and an original purchase requisition signed
by you which was brought in to add to your agenda request backup.
If this happened last year I would continue looking for it. But our office system is now so that we know
where items are, when they arrived and where they went.
Nontheless, we still do not have a sign original contract for EDC. Please get them to sign another
agreement as soon as possible to continue the resolution process. I am sorry for the inconvenience but I
can't get the mayors signature on the resolution without a sign contract.
Thanks.
Clarice
x309