HomeMy WebLinkAboutOrdinance 6477L
9RK A N S PS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6477
File Number: 2021-0668
BRYCER, LLC:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE MAYOR
JORDAN TO SIGN A THREE-YEAR CONTRACT WITH BRYCER, LLC TO PROVIDE
THIRD PARTY REPORTING SERVICES FOR FIRE PROTECTION SYSTEMS IN THE CITY
OF FAYETTEVILLE, PURSUANT TO § 94.06 OF THE FAYETTEVILLE CITY CODE
WHEREAS, on June 15, 2021. the City Council passed Ordinance 6447. enacting §94.06 Third
Party Inspections and Reporting System, which requires inspection reports for automatic fire
sprinklers, commercial kitchen hoods, and fire alarm systems to be provided to the City through a
third -party inspection reporting system; and
WHEREAS, the Fire Department is requesting a bid waiver for the contract with Brycer, LLC
because Brycer does not require companies to purchase proprietary software in order to use the
reporting system and other companies would charge the City of Fayetteville to use the system as well
as require software purchase; and
WHEREAS, Brycer is the only vendor that will process. email. print, and mail first class notifications
to building owners which follows Arkansas Fire Prevention Code requirements; and
WHEREAS, Brycer is the only vendor that will require reports to be submitted in the prescribed form
and format pursuant to the Fayetteville Fire Department and Arkansas Fire Prevention Code; and
WHEREAS, Brycer's reporting service is being used by the Springdale and Rogers Fire Departments
which will be efficient for the companies reporting to them to use the same system for reporting to the
Fayetteville Fire Department; and
Page 1 Printed on 9122121
Ordinance. 6477
File Number: 2021-0668
WHEREAS. the City will not incur any expense for using The Compliance Engine software and all
fees will be paid by the third party inspectors subject to the fee cap provided in § 94.06(E).
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 finds the above
circumstances make competitive bidding not feasible or practical and therefore waives the
requirements of formal competitive bidding and authorizes Mayor Jordan to sign a three-year contract
with Brycer. LLC to provide third party reporting services for fire protection systems at a cost of
$15.00 per system to be paid by third party inspectors, pursuant to § 94.06 Third Party Inspections
and Reporting System of the Fayetteville City Code.
PASSED and APPROVED on 9/21/2021
Attest:vVRK
FqY f�-F�,IC f
Kara Paxton, City Clerk Treasut ;
Vsps
or
Page 2 Printed on 9122121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0668
Agenda Date: 9/21/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.1
BRYCER, LLC:
AN ORDINANCE TO WAIVE COMPETITIVE BIDDING AND AUTHORIZE MAYOR JORDAN TO
SIGN A THREE-YEAR CONTRACT WITH BRYCER, LLC TO PROVIDE THIRD PARTY
REPORTING SERVICES FOR FIRE PROTECTION SYSTEMS IN THE CITY OF FAYETTEVILLE,
PURSUANT TO § 94.06 OF THE FAYETTEVILLE CITY CODE
WHEREAS, on June 15, 2021, the City Council passed Ordinance 6447, enacting §94.06 Third Party
Inspections and Reporting System, which requires inspection reports for automatic fire sprinklers, commercial
kitchen hoods, and fire alarm systems to be provided to the City through a third -party inspection reporting
system; and
WHEREAS, the Fire Department is requesting a bid waiver for the contract with Brycer, LLC because Brycer
does not require companies to purchase proprietary software in order to use the reporting system and other
companies would charge the City of Fayetteville to use the system as well as require software purchase; and
WHEREAS, Brycer is the only vendor that will process, email, print, and mail first class notifications to
building owners which follows Arkansas Fire Prevention Code requirements; and
WHEREAS, Brycer is the only vendor that will require reports to be submitted in the prescribed form and
format pursuant to the Fayetteville Fire Department and Arkansas Fire Prevention Code; and
WHEREAS, Brycer's reporting service is being used by the Springdale and Rogers Fire Departments which
will be efficient for the companies reporting to them to use the same system for reporting to the Fayetteville Fire
Department; and
WHEREAS, the City will not incur any expense for using The Compliance Engine software and all fees will be
paid by the third party inspectors subject to the fee cap provided in § 94.06(E).
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 finds the above circumstances
make competitive bidding not feasible or practical and therefore waives the requirements of formal competitive
bidding and authorizes Mayor Jordan to sign a three-year contract with Brycer, LLC to provide third party
City of Fayetteville, Arkansas Page 1 Printed on 912212021
File Number: 2021-0668
reporting services for fire protection systems at a cost of $15.00 per system to be paid by third parry
inspectors, pursuant to § 94.06 Third Party Inspections and Reporting System of the Fayetteville City
Code.
City of Fayetteville, Arkansas Page 2 Printed on 912212021
City of Fayetteville Staff Review Form
Brad Hardin
Submitted By
2021-0668
Legistar File ID
9/21/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/23/2021 FIRE(300)
Submitted Date Division / Department
Action Recommendation:
Staff requests Council approval to allow the fire department per Ordinance #6447 to contract with the software
company Brycer per Sole Source Authorization for a reporting system for fire protection systems inside the City of
Fayetteville.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20210527
Purchase Order Number: Previous Ordinance or Resolution # Ordinance #6447
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 21, 2021
TO: Mayor and City Council
FROM: Brad Hardin, Fire Chief
DATE: August 23, 2021
CITY COUNCIL MEMO
SUBJECT: Staff requests Council approval to allow the fire department per Ordinance #6447
to contract per Sole Source with the software company Brycer for a reporting system for fire
protection systems inside the City of Fayetteville.
RECOMMENDATION:
Staff requests Council approval to allow the fire department per Ordinance #6447 to contract
with the software company Brycer per Sole Source Authorization for a reporting system for fire
protection systems inside the City of Fayetteville.
BACKGROUND:
The City Attorney's Office and the Fire Marshal's Office worked together to develop this
ordinance to allow the Fayetteville Fire Department to contract with a software company for data
compilation pertaining to Fire Protection Systems in businesses and organizations within the
city. This Ordinance was passed by City Council on June 15, 2021 (Ordinance 6447). In
addition to Fayetteville, Springdale and Rogers are in the process of adopting this system in
their respective jurisdictions.
DISCUSSION:
The fire department is requesting sole source authorization with Brycer per the following criteria:
• Brycer does not require companies to purchase proprietary software in order to use the
reporting system.
• Other companies would charge the City of Fayetteville to use the system as well as
require a software purchase.
Brycer is the only vendor that will process, email, print and mail first class notifications to
building owners which follows Arkansas Fire Prevention Code requirements.
Brycer is the only vendor that will require agents reporting to follow prescribed form and
format as per the Fayetteville Fire Department and Arkansas Fire Prevention Code.
Brycer is being used by the Springdale and Rogers Fire Departments which will be
efficient for the companies reporting to them to use the same system for reporting to the
Fayetteville Fire Department.
BUDGET/STAFF IMPACT:
There is not a budget impact or cost to the city with regards to this ordinance and associated
sole source utilization of Brycer company for the reporting system.
Attachments:
Brycer Contract; Approved Ordinance
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BRYCER, LLC
4355 Weaver Parkway
Suite 230
Warrenville, IL 60555
May 11, 2021
City of Fayetteville, Arkansas
303 W Center St
Fayetteville, AR 72701
Re: "The Compilatnce Engine"
Dear City of Fayetteville:
We look forward to providing you with "The Compliance Engine" (the "Solution"). This proposal
letter provides the basic terms by which Brycer, LLC ("Brycer") will provide you, City of Fayetteville,
Arkansas ("CityCity"), with the Solution. The use of the Solution and all matters between Brycer and City
will be subject to the standard "Terms and Conditions" attached to this proposal as Exhibit A. The basic
terms are as follows:
1. Term: Brycer will provide City with the Solution for three years, commencing
2021(the "Initial Term"). Thereafter. the Term shall automatically renew for successive
three year periods unless terminated by Brycer or City in writing at least 90 days prior to the expiration of
the then current Term (each, a "Renewal Term" and together with the Initial Term, the "Term'). Following
the expiration or terminationof the Term (as provided in the Terms and Conditions), City shall stop using
the Solution; provided, however, Brycer shall make available, and City shall have the right to download,
City's data front the Solution for a pet iod of 60 das s after the expiration of let initiation of lire Ietrn ('it),
shall have the right to terminate this agreement upon giving 90 days written notice to Brycer.
2. Fees: City shall not pay any foes for use of the Solution. Brycer will collect all fees due
and payable by third party inspectors in connection with activities relating to the Solution.
3, Brycer Responsibilities: During the Term, Brycer shall be responsible for the following
in connection with City's use of the Solution:
Availability. Brycer shall make the Solution available to City asset forth on Exhibit B.
The maintenance schedule and minimum service levels for the Solution are set forth on
Exhibit B.
Service Level. Brycer shall provide commercially reasonable levels of customer service
with respect to the Solution to all third parties who transact business with City and access
the Solution.
Backup. Brycer shall backup the database used in connection with the Solution to a
separate server located within the same web hosting firmwhichthe Solution is being hosted
on areal time basis. Upon request by City (which can be no more than once a month) or
made prior to or within 60 days after the effective date of termination of the Term, Brycer
will snake available to City a complete and secure (i.e. encrypted and appropriately
authenticated) download file of City data in XML format including all schema and
attachments in their native format. Brycer shall maintain appropriate administrative,
physical and technical safeguards for protection of the security, confidentiality and
2237531/5/13399.000
integrity of City data. Brycer shall not (a) modify City data or (b) disclose City data except
as required by law.
• Retention oflnformation. Brycer will maintain all information entered into the database
by third party inspectors for at least five years from the time such information is entered
into the database.
• Notices. Brycer will be responsible for generating and delivering the following notices to
third parties in connection with the Solution: (a) reminders of upcoming inspections that
are due; (b) notices that an inspection is past due; and (c) notices of completed inspection
reports which contain one or more deficiencies.
• Call Center Phone calls by Brycer on behalf of the City to the property for EACH life -
safety system overdue for service based on dates automatically tracked within the TCE
database. Brycer is not an agent of the City and all scripts for the overdue calls will be
approved by the City.
■ Updates and Enhancements. In the event Brycer releases any updates, corrections, or
enhancements to the Solution during the Term, Brycer shall promptly provide suchupdates
or corrections to City free of any charge or fee.
4. City Responsibilities: During the Term, City shall be responsible for the following in
connection with City's use of the Solution:
• Operating System. City shall be solely responsible for providing a proper operating
environment, including computer hardware or other equipment and software, for any
portion of the Solution installed on the City's equipment (the "City Access Software') and
for the installation of network connections to the Internet. In addition to any other City
Access Software requirements, City must use version Edge, Firefox version 76, Chrome
60 or Safari (or more recent versions), in addition to having a .pdf reader installed on
machines to � icw attachments.
• Training. City shall allow Brycer at City's facilities to train all applicable personnel of
City on the use of the Solution.
Information. City shall promptly provide Brycer with all appropriate information
necessary for Brycer to create the database for the Solution, including without limitation:
(a) all W111111L1 vial b uildir►g addresses �� idlill t11u fay cUe� ilk; I 'LL; D(;Nai WIL111 s juiisdictiuii
for Brycer's initial upload; and (b) quarterly updates to in a format acceptable to Brycer in
its discretion.
■ Enforcement. City shall take all actions necessary to require (e.g. resolution, ordinance,
fire policy, code amendment) the use of the Solution by third party inspection companies.
■ Reports. City will require all compliant and deficient test results to be submitted.
5. OwnershipofData. City owns all the data providedby City and received from third party
contractors for City. Brycer shall maintain appropriate administrative, physical and technical safeguards
for protection of the security, confidentiality and integrity of City's data.
2237531/5/13399.000
Please acknowledge your acceptance of this proposal and our standard Terms and Conditions by
counter -signing this proposal below We look forwardto a long-term and mutually beneficial relationship
with you.
Brycer, LLC
Acknowledged a d A eed to thi,�
day of�20_Z_
Le
0
Date: - l� + '^
1 T TT ST G\1 Y pF 'SG
FAYETTEVILLE ;
Kara Paxton 'i',y/�NGTON
l►►�
City Clerk-Treasluurer Exhibit A
Terms and Conditions
Any capitalized terms not defined in these Tenns and Conditions shall have the ttKaning assigned to it in that certain Letter Agrannett
attached hereto byand between Brycer, LLC and City (the "Agreement).
Restrictions on Use. City shall not copy, distribute, create derivr6ve
works of or modify the Solution in any way. City agrees that: (a) it
shall only permit its officers and employees (collectively, the
"Authorized Users") to use the Solution for the benefit of City; (b) it
shall use commercially reasonable efforts to preverra the unautborimd
use or disclosure of the Solution; (c) it shall nol sell, resell, rentor ieere
the Solution; (d) it shall not use the Solution to start or transmit
infringing or otherwise unlawful or tortious material, or to stole or
transmit material in violation of third party rights; (a) it shall not
interfere with or disrupt the integrilyor perlibrmatce of fhe Solution or
third -party data contained therein; (f) it shall not reverse enginoer,
translate, disassemble, decompileor otherwise attempt to create any
source code which is derived fromthe Solution (g) it shall not permit
anyone other than the Authorized Users to view or use the Solution and
2237531/5113399.000
any screen shots oftheSolution and(h) it shallnot disclose the feaaaes
of the Solution to anyone other than the Authorized Users. City is
responsible forall actions taken by the Authorized Users in connectiDn
with the Solution.
Progrietary lLyi !, All right, title and interest in and to the Maim
the features o 1 the Solution and images ofthe So Lucien as wellany and
all derivative works or modifications thereof (the "Derivative Works'',
and any accompanying docurrsrdation, manuals or other materids
used or supplied under this Agreement or withrespect to the Solution
or Derivative Works (the "Documentation'), and any reproducdons
works made theroot remain with Brycer. City shall not remove any
product identification or notices of such proprietary rights from the
Solution. City acknowledges and agrees that, except for the limied
use rights established hereunder, City has no right, title or interest in
the Solution. theberivative Works or thebocumentation.
3. lndjg yjatl+rp0(LgA2r. Nolhinginthe Agreement maybe cnastuLtil
or interpreted as constituting either party hereto as the agent, principal,
employeeor joint venturer ofthe other. Eachof City and Brycer is an
independent contractor. Neither may assume, either directly or
indirectly, any liability oforfor the otherparty. Neitherpartyliasthe
authority to bind or obligate the other party and neither party may
represent that it has such authority.
4. RcscrvatioaofFi Ira. Brycerreserves the right, in its sole discretion
and with prior notice to City, to discontinue, add, adapt, or otherwise
modify any design or specification of the Solution and/or Bryoer's
policies, procedures, and requirements specified orrelated hereto. All
rights not expressly granted to City are reserved to Brycer, inckiding
the right to provide all or any part of the Solution to other parties.
5. Use afLogo. During the term of this Agreement. Brycer shag have
the right to use City's logos for the purpose of providing the Soltttiout
to City.
6, Confidentiid WoTmalion. Bryeerand City acknowledge and agme that
in providing the Solution, Brycer and City, as the case may be, may
d is clo s e to the other party certain confidential, proprietary trade secret
information ("Confidential Information'). Confidential lnfarm*io i
shall include, but is not limited to, the Solution, computer pmgmis,
screen shots, flowcharts, diagrams, manuals, schematics devedopmant
tools, specifications, design documents, marketing information,
finoncialinformiitionorbusinm,;planv. F.achparty agrees that itwill
not, without the express prior written consent of the other party,
discloscany Confidential Information or any part thereofto any thiid
party. Notwithstanding the foregoing, the parties acknowledge that
Lity and Bty Let shall ba peiuiilWd to Louiply %kith any ull fedkti d and
state laws concerning disclosure. The disclosing party shag
immediately provide written notice of any required disclosure ofthe
nondisclosing party's Confidential Information to the nondisclosi ng
party and shall disclose only the information that is required to be
diselosedbylaw. The nondiselos in g party shall have the right to seek
a protective order or other relief wide respect to such disclosure. his the
�i Lrhi than Cil� t.,.►u.,�ls ItuulBr�..i dui I..pUuli ur Jllk.l hltLl uwlrru
for purposes of complying with federal and Butte disclosure laws,
Brycer shall provide such information within five business day
following such request. Confidential information excludes
information: (a) that is or becomes generally available to the public
through no fault ofthe receivingporty; (b) that is rightfully receivedby
the receiving party from a third party without limitation as to its rue
or (c) that is independently developed by receiving party without use
of any Confidential Information. Atthe termination ofthisAgreemalt
each party will return the other party all Confidential Infwsr:alion of
the other parry. Each party also agrees that it shall not duplicate;
translate, modify, copy, p rirtout, disassemble, decompileor otherwise
tamper with any Confidential Information of the other party or any
firmware, circuit board orsoftware provided therewith.
Brycer Warranty. Brycer represents and warrants to City that Brycer
has all rights necessary in and to any patent, copyright, trademark,
service mark or other intellectual property rightused in, or associated
with, the Solution, and that Brycer is duly authorized to enter into this
Agreement and provide the Solution to City pursuant to this
Agreement.
8. Disclaimer. All inlbrmation entered into Brycer's databmcisproduced
by third patty inspectors and theiragents. THEREFORE, BRYCER
SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR
WARRANTY AS TO THE ACCURACY OR COMPLETENESS
OF ANY INFORMATION ENTERED INTO BRYCERS
DATABASE BY EITHER CITY OR THIRD PARTY
INSPECTORS. EXCEPT AS SET FORTH IN 5,
BRYCER MAKES NO OTHER WARRANTY, EXPRESS OR
2237531/5/13399.000
IMPLIED, WITH RESPECT TO THE SOLUTION OR ANY
OTHER INFORMATION AND ALL OTHER WARRANTIIS,
WHETHER EXPRESS OR IMPLIED, ARE HEREBY
DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, BRYCEWS SOLE
LIABILITY FORBREACH OF THE REPRESENTATION AND
WARRANTY SET FORTH iN SECTION 7. AND CITY'S SOLE
REMEDY, SHALL BE THAT BRYCER SHALL INDEMNIFY
AND HOLD CITY HARMLESS FROM AND AGAINST ANY
LOSS, SUIT, DAMAGE, CLAIM OR DEFENSE ARISING OUT
OF BREACH OF THE REPRESENTATION AND WARRANTY.
LINilFA-17ON ON DAMAGES. BRYCER SHALL ONLY BE
LIABLE TO CITY FOR DIRECT DAMAGES PURSUANT TO
THE AGREEMENT. EXCEPT AS OTHERWISE PROVIDED
IN SECTION 7, IN NO EVENT SHALL BRYCER BE LIABLE
FOR OR OBLIGATED IN ANY MANNER FOR SPEC"
CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING,
BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS
OR SYSTEM DOWNTIME. CITY ACKNOWLEDGES AND
AGREES THAT IN NO CASE SHALL BRYCER IS LIABILITY
FOR ANY LOSS OF DATA OR DATA INTEGRITY EXCEED
THE REPLACEMENT COST OF THE MEDIA ON WHICH
THE DATA WAS STORED.
10. Risks lmhcrtnl to lnicrixrt. City acknowledges that: fa► the Internet is
a worldwide networkof computers, (b) communication on the Internet
may not be secure, (c) the Internet is beyond the control ofBrycer, and
(d) Brycer dries not nwn, opernte or manage the Internet. Cityalso
acknowledges that there are inhetent risks assoctoted with using the
Solution, indudingbut not limited to the risk ofbretchof security, pre
risk of exposure to computer viruses and the risk of interception,
distuitiin, ul IUhb 01 L011illlUWLa11J11.. City uobuiurt, th.aa ii,L
knowingly and voluntarily releases Brycer from all liability from all
such risks. Not in hiitation of the foregoing, City hereby assumes the
risk, and Bryce shall have no responsibility or liability of any kind
hereunder, for: (1) errors in the Solution resulting from misuse,
negligence, revision, modification, or impioperuse ofall orany partof
the Solution by any entity other than Brycer or its authorised
1L► 1l 11tatihc4, (.'.) sly �.doiJti Jl 111� SUIUliull udl.t (Mall thL 1114L
current unnwditied versionprovuded to City; (3) City's failureto timely
or correctly install any updates to the City Access Software; (4)
problems caused by connecting or failure to connect to the Internet (5)
failure to provide and maintain the technical and connectivity
configurations for the use and operation of the Solution that meet
Brycer's recommended requirements; (6) nonconformities resulting
from orproblems to or caused by non Brycerproducts or services; or
(7) data or data input, output, accuracy, and suitability, which shall be
deemed under City's exclusive contra I.
n emni . Brycer (the "Indemnifying Party") will defend and
indemnify City against any damages, losses, liabilities, causes of
action, costs or expenses arising from Brycer's breach of this
Agreement, gross negligence or intentional misconduct. . City
acknowledges that Brycer does not create any of the data and
information included in the Solutionand is not tesponsiblefor anddoes
not assess or make any suggestions or recommendations with respect
to any such data or information. .
12. Breach. Brycer shall have the right to terminate or suspend this
Agreement, and all of City's rights hereunder, immediately upon
delivering written notice to City detailing City's breach of my
pro vision of this Agreement, If City cures such breach within 5days
of receiving written notice thereof, Brycer shall restore the Solution
and City shall pay any fees or costs incurred by Brycer in connection
with the restorationof the Solution.
13. MegaL-P:ryingnts. City acknowledges and agrees that it has not
received or been offered any illegal or improper bribe, kickback,
payment, gift or anything of value from any employee or agent of
Brycer in connectionwrth the Agreement.
14. CisnrFiciarics. There are nothirdparlybenclieiuriestotheAgreement
15. Force Maimre. Neither party shall be responsible for any failure to
performdue to unforeseen, non-commercial circumstances beyond its
reasonable control, includingbut not limitedto acts of God, war, riol,
embargoes, acts of civil or military authorities, fire, floods,
earthquakes, blackouts, accidents, or strikes. Inthe eventof any such
delay, any applicable period of time for action by said party may be
deferred for a period of time equal to the time of such delay, except
that a party's failure to make any payment when due hereunder shall
not be so excused.
16. Notices. All notices required in the Agreement shall be effective: (a)
if given personally, upon receipt, (b) if given byfacs imileor electronic
mail, when such notice is transmitted and confirmation of receipt
obtained; (c) if mailed by certified mail, postage prepaid, to the last
known address of each party, three business days aftermailing; or (d)
if delivered to a nationally recognized overnight courier service, one
business day afterdelivery.
17. fURISDICTION ARID VENUL• . THE AGREEMENT SHALL HE
GOVERNED BY, CONSTRUED AND INTERPRETED IN
ACCORDANCE WITH, AND ENFORCEABLE UNDER, THE
LAWS OF THE STATE IN WHICH CITY EXISTS APPLICABLE
TO CONTRACTS MADE IN SUCH STATE AND THAT ARE TO
BE WHOLLY PERFORMED IN SUCH STATE WITHOUT
REFERENCE TO THE CHOICE -OF -LAW PRINCIPLES OF SUCH
STATE THE PARTIES IRREVOCABLY AGREE THAT AI.L
A(TIONS OR PROCEEDINGS IN ANY WAY, MANNER OR
RESPECT ARISING OUT OF OR FROM OR RELATED TO THE
AUREEMLNI SHALL BE LIIIGAIED ONLl IN COURTS
LOCATED WITHIN THE STATE IN WHICH CITY EXISTS. THE
2237531/5/13399.000
PARTIES HEREBY CONSENT AND SUBMIT TO THE
EXCLUSIVE JURISDICTION OF ANY LOCAL. SI'A'IE OR
FEDERAL COURT LOCATED WITHIN SAID STATE. THE
PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO
TRANSFER OR CHANGE VENUE OF ANY SUCH ACTION OR
PROCEEDING ARISING OUT OF OR RELATING TO THIS
AGREEMENT.,
18, Anornevs' Fees. The prevailingparty in any proceeding in connection
with the Agreement shall be entitled to recover from the non -prevailing
party all costs and expenses, including without limitation, reasonable
attorneys and paralegals' fees and costs incurred by such party in
connection with any such proceeding.
19. ffiitire Ageement. The Agreement sets out the entire agreement
between the parties relative to the subject tnatterhereof and supersedes
all prior or contemporaneous agreements or representations, oral or
written.
20, Amendment, The Agreement may not be altered or modified, except
by written amendment which expressly refers to the Agreement and
which is duly executed by authorized representatives of both parties.
The waiver or failure by either party to exercise or enforce any n&
provided for in the Agreement shall not be deemed a waiver of any
further right under the Agreement. Any provision of the Agreernett
held to be invalid under applicable law shall not render the Agreanent
invalid as a whole, and in such an event, such provision shall be
interpreted so as to best accomplish theintent ofthe parties within the
limits of applicable law. The Agreement may beexecuted byfacsio*
and incounimports, each ofwhichshall hedeemed anoriginal,andall
ofwhtch together shall corcstihtteoneand the same instrument,
2 L L�irp atiatL The rights and obligations contained in these Tams and
U-11ditiUnh J1,111 &UL%BZ du) ,Aph.16011 ul Uffiiaaticlr Ji Lll„
Agreement.
Exhibit B
Maintenance Schedule and Minimum Service Levels
Uptime and Maintenance.
The Solution shall be available 24 hours per day during the term of this Agreement. The
Solution shall be fully functional, timely and accessible by City at least 99.5% of the time
or better and Brycer shall use reasonable efforts to provide City with advance notice of
any unscheduled downtime.
2. Response Time.
Brycer shall respond to telephone calls from City within two hours of the call and/or
message and all emails from City within two hours of the receipt of the email.
Customer Support
Customer support hours are 24/7/365. The toll free number is 1-855-279-2371
Brycer will assign City a dedicated customer representative with direct access to their
email and work number.
2237531f5,'13399.000
113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Ordinance: 6447
File Number: 20211-0420
ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE
PROTECTION AND PREVENTION ORDINANCE:
AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND
REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE
CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION,
TESTING, AND MAINTENANCE REPORTING OF "THE FAYETTEVILLE CODE
WHEREAS, the Arkansas Fire Prevention Code requires periodic testing and maintenance of certain
fire protection systems alarms, devices, equipment and other features; and
WHEREAS, the fire code official is authorized by the Arkansas Fire Prevention Code to approve
reports of inspection by approved agencies or individuals, and
WHEREAS, pursuant to Section 107.2.1 of the Arkansas Fire Prevention Code and Standards,
required tests and inspection reports shall be available to the fire code official at all times and such
records shall be filed as directed by the fire code official; and
WHEREAS, the City has adopted the provisions of the Arkansas Fire Prevention Code and
Standards, current edition, and the provisions of technical codes and standards and has made the same
applicable as the Fire Prevention Code of the City of Fayetteville in §173.02 Fire Prevention
Code/Building Code of the Unified Development Code; and
WHEREAS, the City Council desires to amend its Fire Prevention Code to require inspection reports
to be provided to the City through a third -party inspection reporting system.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Page 1 Printed on d11&21
Ordinance: 6447
File Number: 2021-0420
FAVETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby enacts §94.06
Third -Party Inspections and Reporting System as follows:
"94.06 Third -Party Inspections and Reporting System.
(A) Inspections and Maintenance Required.
The owner of the property where any device, equipment, alarm, system and any other feature is
required for compliance of the provisions of this Article or is otherwise installed on the property shall
cause maintenance, testing and inspections of all such devices, equipment, alarms, systems and features
in accordance with this Code and applicable referenced standards and specified intervals. If, following
inspection and testing, any device, equipment, alarm, system and any other feature does not meet
manufacture's specifications or fails to perform as intended, then it shall be repaired or replaced in
accordance with subsection (e) below.
Maintenance, testing and inspections shall include, without limitation, the following Fire protection
systems:
(1) Automatic Fire Sprinkler System
(2) Commercial Kitchen Hood System
(3) Fire Alarm System
(B) Qualifications of Inspectors.
Only qualified personnel shall make inspections or perform testing required by the current editions of
the Arkansas Fire Prevention Code and the adopted provisions of technical codes. Qualified personnel
shall include, but not be limited to:
(1) Personnel who are factory -trained and certified for the type and brand of device, equipment,
alarm, system, or feature being inspected or tested.
(2) Personnel who are certified by a nationally recognized certification organization approved by
the City.
(3) Personnel who are registered, licensed or certified by Arkansas or the City of Fayetteville to
perform the required inspections and testing.
(4) Personnel of the Fire Department.
(C) Reporting of Inspections and Tests.
Page 2 Printed on 0/16121
Ordinance: 6447
File Number., 2021-0420
Records of all installations, inspections, tests and maintenance required by this Section shall be
provided electronically to the City's designated electronic reporting system. Completed records shall
be submitted no later than fifteen (15) days following the applicable installation, inspection, test and
maintenance. The submitted report shall contain all information required by the City's designated
electronic reporting system, The fee for any report filed using the electronic reporting system shall not
exceed fifteen dollars ($15.00) for each type of fire protection system.
(D) Retention of Records.
Records ofany device, equipment, alarm and system inspections, tests and maintenance required by
the current editions of the Arkansas Fire Prevention Code and the adopted provisions of technical
codes shall be maintained on the premises for a minimurn of three (3) years following the date of any
inspection, test and maintenance and shall be copied to the fire department and its contractors pursuant
to either the provisions of the City Code or upon the request of the fire code official.
(E) Repairs.
If any device, equipment, alarm, system and any other feature fails its inspection or operational test,
within thirty (30) days of such inspection or test, the property owner shall make all necessary repairs to
make the itern fully operational. Defective parts must be replaced with manufacturer approved parts. If
repair is not possible, the item must be replaced with devices, equipment, alarms, systems and features
in accordance with this Code and applicable referenced standards. Completed records shall be
submitted no later than fifteen (15) days following the applicable maintenance, repair or replacement.
The submitted report shall contain all information required by the City's designated electronic reporting
system. The fee for any report filed using the electronic reporting system shall not exceed fifteen dollars
($15.00). Additional inspections and testing may be required of the repaired or replaced device,
equipment, alarm, system or other feature upon the request of the fire code official."
PASSED and APPROVED on 6/15/2021
ApproN/�d: Attest: ',,j111 t t r rt►►►►�.
��y •' i f r per:
Lionel c?r i, Mayor Kara Paxton, City Clerk Treasutt•
Page 3 Printed on 6/16/21
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
" (479)575-8323
Text File
File Number: 2021-0420
Agenda Date: 6/15/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: CA
ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS SYSTEM FIRE PROTECTION
AND PREVENTION ORDINANCE:
AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND REPORTS
SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE CONCERNING
THIRD -PARTY PROTECTION AND CONTROL, INSPECTION, TESTING, AND
MAINTENANCE REPORTING OF THE FAYETTEVILLE CODE
WHEREAS, the Arkansas Fire Prevention Code requires periodic testing and maintenance of certain fire
protection systems alarms, devices, equipment and other features; and
WHEREAS, the fire code official is authorized by the Arkansas Fire Prevention Code to approve reports of
inspection by approved agencies or individuals; and
WHEREAS, pursuant to Section 107.2.1 of the Arkansas Fire Prevention Code and Standards, required tests
and inspection reports shall be available to the fire code official at all times and such records shall be filed as
directed by the fire code official; and
WHEREAS, the City has adopted the provisions of the Arkansas Fire Prevention Code and Standards,
current edition, and the provisions of technical codes and standards and has made the same applicable as the
Fire Prevention Code of the City of Fayetteville in § 173.02 Fire Prevention Code/Building Code of the Unified
Development Code; and
WHEREAS, the City Council desires to amend its Fire Prevention Code to require inspection reports to be
provided to the City through a third -party inspection reporting system.
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 enacts §94.06 Third -Party
Inspections and Reporting System as follows:
"94.06 Third -Party Inspections and Reporting System.
City of Fayetteville, Arkansas Page 1 Printed on 611612021
File Number: 2021-0420
(A) Inspections and Maintenance Required.
The owner of the property where any device, equipment, alarm, system and any other feature is required for
compliance of the provisions of this Article or is otherwise installed on the property shall cause maintenance,
testing and inspections of all such devices, equipment, alarms, systems and features in accordance with this
Code and applicable referenced standards and specified intervals. If, following inspection and testing, any
device, equipment, alarm, system and any other feature does not meet manufacture's specifications or fails to
perform as intended, then it shall be repaired or replaced in accordance with subsection (e) below.
Maintenance, testing and inspections shall include, without limitation, the following fire protection systems:
(1) Automatic Fire Sprinkler System
(2) Commercial Kitchen Hood System
(3) Fire Alarm System
(B) Qualifications of Inspectors.
Only qualified personnel shall make inspections or perform testing required by the current editions of the
Arkansas Fire Prevention Code and the adopted provisions of technical codes. Qualified personnel shall
include, but not be limited to:
(1) Personnel who are factory -trained and certified for the type and brand of device, equipment, alarm,
system, or feature being inspected or tested.
(2) Personnel who are certified by a nationally recognized certification organization approved by the City.
(3) Personnel who are registered, licensed or certified by Arkansas or the City of Fayetteville to perform
the required inspections and testing.
(4) Personnel of the Fire Department.
(C) Reporting of Inspections and Tests.
Records of all installations, inspections, tests and maintenance required by this Section shall be provided
electronically to the City's designated electronic reporting system. Completed records shall be submitted no
later than fifteen (15) days following the applicable installation, inspection, test and maintenance. The submitted
report shall contain all information required by the City's designated electronic reporting system. The fee for any
report filed using the electronic reporting system shall not exceed fifteen dollars ($15.00) for each type of fire
protection system.
(D) Retention of Records.
Records of any device, equipment, alarm and system inspections, tests and maintenance required by the current
editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes shall be
maintained on the premises for a minimum of three (3) years following the date of any inspection, test and
maintenance and shall be copied to the fire department and its contractors pursuant to either the provisions of
the City Code or upon the request of the fire code official.
(E) Repairs.
City of Fayetteville, Arkansas Page 2 Printed on 611612021
File Number.' 2021-0420
If any device, equipment, alarm, system and any other feature fails its inspection or operational test, within thirty
(30) days of such inspection or test, the property owner shall make all necessary repairs to make the item fully
operational. Defective parts must be replaced with manufacturer approved parts. If repair is not possible, the
item must be replaced with devices, equipment, alarms, systems and features in accordance with this Code and
applicable referenced standards. Completed records shall be submitted no later than fifteen (15) days following
the applicable maintenance, repair or replacement. The submitted report shall contain all information required
by the City's designated electronic reporting system. The fee for any report filed using the electronic reporting
system shall not exceed fifteen dollars ($15.00). Additional inspections and testing may be required of the
repaired or replaced device, equipment, alarm, system or other feature upon the request of the fire code
official."
City of Fayetteville, Arkansas Page 3 Printed on 611612021
Brad Hardin
Submitted By
City of Fayetteville Staff Review Form
2021-0420
Legistar File ID
6/15/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/24/2021 FIRE (300)
Submitted Date Division / Department
Action Recommendation:
Staff requests Council approval of an ordinance to allow the fire department to contract with a software company
for a reporting system for fire protection systems inside the City of Fayetteville.
Budget Impact:
Account Number
Fund
Project Number
Project Title
Budgeted Item? NA
Current Budget
$
Funds Obligated
$ -
Current Balance
$
Does item have a cost? NA
Item Cost
Budget Adjustment Attached? NA
Budget Adjustment
Remaining Budget
$ -
Purchase Order Number:
V20180321
Previous Ordinance or Resolution #
Change Order Number:
Approval Date:
Original Contract Number:
Comments:
CITY OF
L FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 15, 2021
TO: Mayor and City Council
FROM: Brad Hardin, Fire Chief
DATE: May 24, 2021
CITY COUNCIL MEMO
SUBJECT: Staff requests Council approval of an ordinance to allow the fire department to
contract with a software company for a reporting system for fire protection systems inside the
City of Fayetteville.
RECOMMENDATION:
The Fayetteville Fire Department recommends the adoption of the ordinance to allow the use of
a inspection reporting system as outlined in the City Council packet.
BACKGROUND:
The City Attorney's Office and the Fire Marshal's Office worked together to develop this
ordinance to allow the Fayetteville Fire Department to contract with a software company for data
compilation pertaining to Fire Protection Systems in businesses and organizations within the
city. In addition to Fayetteville, Springdale and Rogers are in the process of adopting this
system in their respective jurisdictions.
DISCUSSION:
The Arkansas Fire Prevention Code requires periodic testing and maintenance of all fire
protection equipment; to include fire sprinkler, fire alarm and hood vent systems. The fire code
also requires that the third -party inspector of included fire protection systems submit completed
inspection reports as directed by the fire code official. The current system has some inspections
being submitted by fax, some by email, some by mail and others are not submitted at all. For
example, out of the 753 active fire sprinkler systems in the City, the Fayetteville Fire Marshals
Office received 361 inspection reports over the preceding 12 months. This system will help us to
track fire protection systems, increase inspection and testing code compliance, reduce false
alarms activity and ensure a safer community. Moving to this type of inspection reporting system
will allow us to efficiently review and track inspections; will allow us to develop a follow-up
inspection process, reduce administrative tasks and help us gather detailed analytics to assist in
our accreditation process. The system we are requesting is similar to the backflow inspection
reporting system that is currently being used by the City of Fayetteville Water Department.
BUDGET/STAFF IMPACT:
There is not a budget impact or cost to the city with regards to this ordinance approval
Attachments:
Ordinance Details
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ORDINANCE NO.
AN ORDINANCE TO ENACT §94.06 THIRD PARTY INSPECTION AND
REPORTS SYSTEM FIRE PROTECTION AND PREVENTION ORDINANCE
CONCERNING THIRD -PARTY PROTECTION AND CONTROL, INSPECTION,
TESTING, AND MAINTENANCE REPORTING OF THE FAYETTEVILLE CODE
WHEREAS, the Arkansas Fire Prevention Code requires periodic testing and maintenance of
certain fire protection systems alarms, devices, equipment and other features; and
WHEREAS, the fire code official is authorized by the Arkansas Fire Prevention Code to
approve reports of inspection by approved agencies or individuals; and
WHEREAS, pursuant to Section 107.2. l of the Arkansas Fire Prevention Code and Standards,
required tests and inspection reports shall be available to the fire code official at all times and
such records shall be filed as directed by the fire code official; and
WHEREAS, the City has adopted the provisions of the Arkansas Fire Prevention Code and
Standards, current edition, and the provisions of technical codes and standards and has made the
same applicable as the Fire Prevention Code of the City of Fayetteville in § 173.02 Fire
Prevention Code/Building Code of the Unified Development Code; and
WHEREAS, the City Council desires to amend its Fire Prevention Code to require inspection
reports to be provided to the City through a third -party inspection reporting system.
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 enacts §94.06
Third -Party Inspections and Reporting System as follows:
"94.06 Third -Party Inspections and Reporting System.
(a) Inspections and Maintenance Required.
The owner of the property where any device, equipment, alarm, system and any other feature is
required for compliance of the provisions of this Article or is otherwise installed on the property
shall cause maintenance, testing and inspections of all such devices, equipment, alarms, systems
and features in accordance with this Code and applicable referenced standards and specified
intervals. If, following inspection and testing, any device, equipment, alarm, system and any
other feature does not meet manufacture's specifications or fails
to perform as intended. then it shall be repaired or replaced in accordance with
subsection (e) below.
Maintenance, testing and inspections shall include, without limitation, the following fire
protection systems:
(1) Automatic Fire Sprinkler System
(2) Commercial Kitchen Hood System
(3) Fire Alarm System
(b) Qualifications of Inspectors.
Only qualified personnel shall make inspections or perform testing required by the current
editions of the Arkansas Fire Prevention Code and the adopted provisions of technical codes.
Qualified personnel shall include, but not be limited to:
(1) Personnel who are factory -trained and certified for the type and brand of device,
equipment, alarm, system, or feature being inspected or tested.
(2) Personnel who are certified by a nationally recognized certification organization
approved by the City.
(3) Personnel who are registered, licensed or certified by Arkansas or the City of Fayetteville
to perform the required inspections and testing.
(4) Personnel of the Fire Department.
(c) Reporting of Inspections and Tests.
Records of all installations, inspections, tests and maintenance required by this Section shall be
provided electronically to the City's designated electronic reporting system. Completed records
shall be submitted no later than fifteen (15) days following the applicable installation, inspection,
test and maintenance. The submitted report shall contain all information required by the City's
designated electronic reporting system. The fee for any report filed using the electronic reporting
system shall not exceed fifteen dollars ($15.00) for each type of fire protection system.
(d) Retention of Records.
Records of any device, equipment, alarm and system inspections, tests and
maintenance required by the current editions of the Arkansas Fire Prevention Code and the
adopted provisions of technical codes shall be maintained on the premises for a minimum of
three (3) years following the date of any inspection, test and maintenance and shall be copied to
the fire department and its contractors pursuant to either the provisions of the City Code
or upon the request of the fire code official.
(e) Repairs.
If any device, equipment, alarm, system and any other feature fails its inspection or operational
test, within thirty (30) days of such inspection or test or the property owner shall make all
necessary repairs to make the item fully operational. Defective parts must be replaced with
manufacturer approved parts. If repair is not possible, the item must be replaced with devices,
equipment, alarms, systems and features in accordance with this Code and applicable referenced
standards. Completed records shall be submitted no later than fifteen (15) days following the
applicable maintenance, repair or replacement. The submitted report shall contain all information
required by the City's designated electronic reporting system. The fee for any report filed using
the electronic reporting system shall not exceed fifteen dollars ($15.00).
Additional inspections and testing may be required of the repaired or replaced device,
equipment, alarm, system or other feature upon the request of the fire code official."
PASSED and APPROVED this day of JUN, 2021.
APPROVE
C