HomeMy WebLinkAbout181-22 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 181-22
File Number: 2022-0692
COMMERCIAL ELECTRONICS CORP:
A RESOLUTION TO APPROVE THE PURCHASE OF A PHONE SYSTEM RECORDER
FROM COMMERCIAL ELECTRONICS CORP 1N THE AMOUNT OF $139,125.90 PLUS
ANY APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO A
HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE PURCHASING CONTRACT
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 the purchase of
a phone system recorder from Commercial Electronics Corp in the amount of $139,125.90 plus any
applicable taxes and shipping charges, pursuant to a Houston -Galveston Area Council cooperative
purchasing contract, for use at the Police Department and City Hall.
PASSED and APPROVED on 8/16/2022
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Page 1 Printed on 8118122
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0692
Agenda Date: 8/16/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.7
COMMERCIAL ELECTRONICS CORP:
A RESOLUTION TO APPROVE THE PURCHASE OF A PHONE SYSTEM RECORDER FROM
COMMERCIAL ELECTRONICS CORP IN THE AMOUNT OF $139,125.90 PLUS ANY
APPLICABLE TAXES AND SHIPPING CHARGES, PURSUANT TO A HOUSTON-GALVESTON
AREA COUNCIL COOPERATIVE PURCHASING CONTRACT
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 the purchase of a phone
system recorder from Commercial Electronics Corp in the amount of $139,125.90 plus any applicable taxes
and shipping charges, pursuant to a Houston -Galveston Area Council cooperative purchasing contract, for use
at the Police Department and City Hall.
City of Fayetteville, Arkansas Page 1 Printed on 811812022
Keith Macedo
Submitted By
City of Fayetteville Staff Review Form
2022-0692
Legistar File ID
8/16/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/27/2022 INFORMATION TECHNOLOGY (170)
Submitted Date Division / Department
Action Recommendation:
A resolution to authorize the purchase of a phone system recorder from Commercial Electronics Corp utilizing the
Houston Galveston Area Council (H-GAC) contract #RP07-20 in the amount of $139,125.90 plus applicable taxes.
Budget Impact:
4470.170.8170-5209.00
CIP
Account Number Fund
04001.1 Telecommunication Systems Upgrades
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 275,577.00
$ 98,367.25
$ 177,209.75
$ 152,690.68
24,519.07
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 16, 2022
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
FROM:
Keith Macedo, IT Director
DATE:
July 27, 2022
SUBJECT:
Phone System Recorder Contract
CITY COUNCIL MEMO
RECOMMENDATION:
A resolution to authorize the purchase of a phone system recorder from Commercial Electronics
Corp utilizing the Houston Galveston Area Council (H-GAC) contract #RP07-20 in the amount of
$139,125.90 plus applicable taxes.
BACKGROUND:
The current phone system recorder was purchased in 2012 and is no longer supported by the
manufacturer. The recorder is used to record 9-1-1 calls, public safety radio traffic, phone lines
for the Police Department, phone lines for the Utility Billing Call Center in City Hall and various
administrative lines throughout the city as an "on demand" type recording.
DISCUSSION:
City staff reviewed a number of vendors to provide a complete recording solution that will fulfill
the needs for recording Utility Billing Call Center phone recordings, and requirements of the
Arkansas Public Safety Act for recording of Public Safety radio and phone calls. This review
included multiple demos from various phone system recorder systems and reference checks
from other cities. The selected product is from Higher Ground, who has been in business for
over 40 years and is used by Bella Vista, Rogers, and Bentonville. H-GAC is a cooperative
purchasing entity that competitively bids out various products and services for state and local
government agencies. H-GAC holds hundreds of competitively solicited cooperative contracts
that allow agencies to benefit from the shared purchasing power of a cooperative and reduces
procurement overhead. Commercial Electronics Corp was awarded an H-GAC contract and is
the current vendor for the City of Rogers and they are happy with their quality of support.
BUDGET/STAFF IMPACT:
The phone system recorder one-time cost $139,125.90, plus applicable taxes, and is budgeted
within the Telecommunication System Upgrades capital improvements project #04001.1. The
initial purchase includes one (1) year of software maintenance, future annual maintenance is
estimated at $10,000 per year and is be budgeted within the annual Police operating budget.
Attachments: Staff Review form, H-GAC contract, Commercial Electronics quote, SOW
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F
H-GAC
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777
Cooperative Agreement - HigherGround, Inc. - Public Services - - 20-00476
GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston -Galveston Area Council
hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite
120, Houston, Texas 77027 and HigherGround, Inc., hereinafter referred to as the Contractor, having
its principal place of business at 21201 Victory Blvd., Suite 105, Canoga Park, CA 91303.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the
specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of
the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into
this Agreement. The Contractor's governing body, where applicable, has authorized the signatory
official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any
subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable
rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term
of this Agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When required, the
Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not
change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-
GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant
or employee of H-GAC, the State of Texas or the United States Government. Employees of the
Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is
solely responsible for employee related disputes and discrepancies, including employee payrolls and any
claims arising therefrom.
ARTICLE 4: WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the
complete Agreement ("Agreement") between the parties hereto, and supersede any and all oral and
written agreements between the parties relating to matters herein. Except as otherwise provided
herein, this Agreement cannot be modified without written consent of the parties.
ARTICLE 5: SCOPE OF SERVICES
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The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 6: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Jul 012020 and ends Jun 30 2023.
All services under this Agreement must be rendered within this performance period, unless directly
specified under a written change or extension provisioned under Article 14, which shall be fully
executed by both parties to this Agreement.
ARTICLE 7: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions.
ARTICLE 8: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by
this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may
terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC
has final determination of the adequacy of performance and reporting by Contractor. Termination of
this agreement for failure to perform may affect Contractor's ability to participate in future
opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered
cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 9: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this
Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign,
transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest
it may have therein to any third party without prior written approval of H-GAC. The Contractor
acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The
Contractor shall ensure that the performance rendered under all subcontracts shall result in
compliance with all the terms and provisions of this Agreement as if the performance rendered was
rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and
regulations applicable to furnishing and performance of the work. Except where otherwise expressly
required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's
compliance, or that of Contractor's subcontractors, with any laws or regulations.
ARTICLE 11: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be
conducted an independent audit of any transaction under this Agreement, such audit may be performed
by the H-GAC local government audit staff, a certified public accountant firm, or other auditors
designated by H-GAC and will be conducted in accordance with applicable professional standards and
practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for
any findings that result in monetary obligations to H-GAC.
ARTICLE 12: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the
Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement.
H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States
Government, shall have the right at any reasonable time to inspect, copy and audit those records on or
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off the premises by authorized representatives of its own or any public accounting firm selected by H-
GAC. The right of access to records is not limited to the required retention period, but shall last as long
as the records are retained. Failure to provide access to records may be cause for termination of the
Agreement. The records to be thus maintained and retained by the Contractor shall include (without
limitation): (1) personnel and payroll records, including social security numbers and labor
classifications, accounting for total time distribution of the Contractor's employees working full or part
time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or
other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing
documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3)
paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third
parties' charges.
The Contractor further agrees that the examination of records outlined in this article shall be included
in all subcontractor or third -party agreements.
ARTICLE 13: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all
other financial, statistical, property, participant records, and supporting documentation for a period of
no less than seven (7) years from the later of the date of acceptance of the final payment or until all
audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving
the records has been started before the expiration of the retention period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until the end of the
seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully
resolved.
ARTICLE 14: CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by
changes in federal or state law or by regulations, are automatically incorporated without
written amendment hereto, and shall become effective on the date designated by such law or by
regulation.
B. To ensure the legal and effective performance of this Agreement, both parties agree that any
amendment that affects the performance under this Agreement must be mutually agreed upon
and that all such amendments must be in writing. After a period of no less than 30 days
subsequent to written notice, unless sooner implementation is required by law, such
amendments shall have the effect of qualifying the terms of this Agreement and shall be
binding upon the parties as if written herein.
ARTICLE 15: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause,
whenever H-GAC determines that for any reason such termination is in the best interest of H-
GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of
termination, all services hereunder of the Contractor and its employees and subcontractors
shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days
written notice, presented to H-GAC via certified mail. The Contractor may not give notice of
cancellation after it has received notice of default from H-GAC.
B. Default
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H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of
the Agreement, in any one of the following circumstances:
(1) if the Contractor fails to perform the services herein specified within the time specified
herein or any extension thereof, or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any
reason whatsoever, or so fails to make progress or otherwise violates the Agreements that
completion of services herein specified within the Agreement term is significantly
endangered, and in either of these two instances does not cure such failure within a period
often (10) days (or such longer period of time as may be authorized by H-GAC in writing)
after receiving written notice by certified mail of default from H-GAC.
ARTICLE 16: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
ARTICLE 17: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the
performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of
labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause
reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event,
the time for the performance of such obligation or duty shall be suspended until such disability to
perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 18: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of
the Contractor, and no other public officials of the Contractor who exercise any functions or
responsibilities in the review or Contractor approval of this Agreement, shall participate in any
decision relating to this Agreement which affects his or her personal interest, or shall have any
personal or pecuniary interest, direct or indirect, in this Agreement.
ARTICLE 19: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards,
and environmental compliance. Additionally, for work to be performed under the Agreement or
subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify
each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may
include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of
handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment
Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 0) any other nondiscrimination provisions in any specific statute(s)
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applicable to any Federal funding for this Agreement; (k) the requirements of any other
nondiscrimination statute(s) which may apply to this Agreement; (1) applicable provisions of the Clean
Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C.
§1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the
Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the
Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations
at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (P.L. 94-163).
ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and
abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state
or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud,
abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of
knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical
attention arising from its activities under this Agreement within twenty-four (24) hours of such
occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be
reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such
act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State
of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in
carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the
Contractor pertaining to this Agreement or which would adversely affect the Contractor's ability to
perform services under this Agreement.
ARTICLE 21: INDEMNIFICATION AND RECOVERY
H-GAC's liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable
for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board
members, officers, agents, officials, employees and indemnities from any and all claims, costs, expenses
(including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result
of Contractor's negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the
threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.
ARTICLE 22: LIMITATION OF CONTRACTOR'S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor's
total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of
the particular products/services sold hereunder, and Contractor agrees either to refund the purchase
price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable
for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other
incidental, special or consequential damages to the full extent such use may be disclaimed by law.
Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to
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END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or
Federal government to have been paid in violation of the terms of this Agreement.
ARTICLE 23: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not
be considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 24: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been
negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in
accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against
any party.
ARTICLE 25: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not
addressed within the Whole Agreement as defined pursuant to Article 4 hereof, shall be decided by the
Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide
notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final
and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor
requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under
this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of
its position. The decision of the Executive Director after any such rehearing shall be final and
conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the
Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder,
the Contractor shall proceed diligently with the performance of the Agreement and in accordance with
H- GAC's final decision.
ARTICLE 26: CHOICE OF LAW: VENUE
This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit
or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris
County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the
law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such
disputes.
ARTICLE 27: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be
utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.
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SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first
written above, as accepted by:
Higher uaao§6 % c.
G, ram« 2
Signature
77EB4B3B5A114CA...
Name Terrance Ryan
Title President & CEO
Date 7/7/2020
H-GAC / by:
SignaturCDocuSigned
"
82EC270D5D61423...
Name Chuck Wemple
Title Executive Director
Date 6/24/2020
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H-GAC
Houston -Galveston Area Council
P.O. Box 22777 • 3555 Timmons • Houston, Texas 77227-2777
Cooperative Agreement - HigherGround, Inc. - Public Services - 20-00476
SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the
Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated
into the Agreement by reference: Bid/Proposal Specifications and Contractor's Response to the Bid/Proposal.
ARTICLE 2: END USER AGREEMENTS ("EUA")
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement ("EUA) with the
Contractor through this Agreement, and that the term of the EUA may exceed the term of the current H-GAC
Agreement. H-GAC's acknowledgement is not an endorsement or approval of the End User Agreement's
terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or
conditions that conflict with those in Contractor's Agreement with H-GAC. Contractor affirms that
termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying
EUA, which shall in each instance, continue pursuant to the EUA's stated terms and duration. Pursuant to the
terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any
new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC
on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement,
Contractor develops a regularly followed standard procedure of entering into agreements with other
governmental customers within the State of Texas, and offers the same or substantially the same
products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more
favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days
thereafter, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date
of Contractor's most favorable past agreement with another entity. Contractor shall provide the same prices,
warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
H-GAC shall have the right and option at any time to decline to accept any such change, in which case the
amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit,
or term that was charged or offered to another entity during the term of this Agreement, does not constitute
more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing,
setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment.
H-GAC, after due consideration of Contractor's written explanation, may decline to accept such explanation
and thereupon this Agreement between H-GAC and Contractor shall be automatically amended, effective
retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties,
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benefits, or terms to H-GAC and the END USER.
EXCEPTION. This clause shall not be applicable to prices and price adjustments offered by a bidder,
Proposer or contractor, which are not within bidder's/proposer's control [example; a manufacturer's bid
concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor's total liability under this Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by
H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of
this Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END
USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-
GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC
will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an
END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing
charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order
Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10)
business days after receipt of an END USER's payment, whichever comes first, notwithstanding Contractor's
receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without
Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further,
Contractor agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to
execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but
not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing
charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an
END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any
order processing charges on any portion of the Agreement actually performed, and for which compensation was
received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER
purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the
following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
Page 2 of 4
DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F
Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a
General Aggregate limit of at least two times the Single Occurrence limit for all Products except
Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal
Specifications.
Property Damage or Destruction insurance is required for coverage of End User owned
equipment while in Contractor's possession, custody or control. The minimum Single Occurrence
limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence
limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of
Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically
and clearly listed on insurance certificate(s) submitted to H-GAC.
b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal,
and for any extensions thereof, plus the number of days/months required to deliver any outstanding
order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the
insured and showing coverage and limits for the insurances listed above.
d. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties
are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC,
a separate insurance certificate must be submitted for each such party.
e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance
and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS
H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore,
Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to
cover any order if so requested by the END USER. Contractor shall quote a price to END USER for
provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END
USER's purchase order.
ARTICLE 10: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control,
dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to
advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to
determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and
including cancellation of Agreement.
ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle
Commission Code. If at any time during this Agreement term, any required Contractor license is denied,
revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle
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DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F
Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor
Vehicle Board documentation to H-GAC upon request.
Page 4 of 4
DocuSign Envelope ID: 29E5F2D1-A03D-45DE-9F97-5577AACC666F
Attachment A
HigherGround, Inc.
Record & Playback Systems
Contract No.: RP07-20
Offeror
HigherGround, Inc.
Name:
H-GAC
Item Description
Offered
Product
(Offeror may not change any description or add items)
Price
Code
DA-0004-007K-RO-V5
Solid -State Collector Device with Windows 10 and 40GB storage
S 1,236.88
DA-0048-OOOK-R5-V8
HG2U - Dual 2.4 GHz 6-Core E5-2620 processor, 64GB RAM, W2016, no Drives
S 7,491.54
DA-0048-155K-R1-V8
HG2U - 3.5 GHz Quad -Core E5-1620 processor, 32GB RAM, 1 TB RAID1, W2016
S 5,341.06
DA-C l20-OOOK-R5-V8
HG4U - Dual 2.4 GHz 6-Core E5-2620 processor, 64GB RAM, W2016, no Drives
$ 7,491.54
DA-C120-155K-R1-V8
HG4U - 3.5 GHz Quad -Core E5-1620 processor, 32GB RAM, 1 TB RAID1, W2016
S 5,341.06
4RUAID AP Chassis, 3.3GHz Intel Pentium G4400 Sklake, 16GB RAM, Windows 2016 Server, 1TB
DA-P048-155K-R1-V8
$ 2,623.68
DA-CLBR-SWCR
Calibre Core Software
$ 2,392.95
DA-NG911-CORE
NG Capture911 Core Software
$ 2,345.09
Page 1 of 1
*0
�.Commercial
E_L.E_CTR0 NICEa
DATA -VOICE -VUEO REWRI]ING & MANAGEMEMTSOLUYM
Commercial Electronics Corp
1318 N Brazos
San Antonio, Texas 78207
(210) 736-3119
(800) 933-4077
FID 74-1504166
Bill To
City of Fayetteville
100 West Rock Street
City of Fayetteville, AR 72701
Ship To
City of Fayetteville
100 West Rock Street
City of Fayetteville, 72701 AR
Phase I - Cisco full time recording All Cisco recording
1 DA-NG91 1 -CORE
NG Capture911 Core Software
2 DA-NG91 1 -SWRL
NG Capture911 Channel license.
3 DA-CISC-CUCM
Cisco UCM License Fee
4 DA-NG91 1 -CDMS
Cisco Dual Media Stream Recording Integration
Vesta IP recording
5 DA-META-VESTA
Vesta Metadata Integration
6 DA-NG91 1 -SWRL
NG Capture911 Channel license.
Support Software
7 DA-FSAR-0001
ACID Free Seating - Auto Record
Quote
Estimate# EST-1143
Estimate Date : 26 Apr 2022
Expiry Date : 31 Aug 2022
Reference# : HGAC Contract # RP07-
20
Sales person : Bill Behar
1.00
2,345.14
2,345.14
EA
20.00
311.09
6,221.80
EA
1.00
143.58
143.58
EA
2.00
2,866.81
5,733.62
EA
1.00 2,388.21 2,388.21
EA
8.00 311.09 2,488.72
EA
1.00 2,388.16
EA
8 DA-NGSC-SEAT 8.00 143.58
Screen Capture Workstation License EA
2,388.16
1,148.64
9 DA-REPL-0128
1.00
1,550.63
1,550.63
Replicate 128 Ports To Remote Server
EA
Phase I invoice amount
10 PRICE INCLUDES INSTALLATION AND TAXES OF $3,387.55
0.00
50,768.70
0.00
Phase II - Motorola p25 recording
11 DA-TRAD-MP25
1.00
80,404.80
80,404.80
Motorola P25 w/ 1 AIS
EA
12 DA-P25-SWRL
28.00
325.45
9,112.60
P25 Talk Group Recording License - First 250 Talk Groups, each
EA
Phase II invoice amount
13 PHASE II
0.00
102,572.87
0.00
PRICE INCLUDES INSTALLATION AND TAXES OF $9,054.57.
Total for Section "A"
14 Total for section "A"
0.00
114,513.34
0.00
Section "B" Cisco Concurrent recording - Phase 1
15 NG91 1 -SWRL-CON
25.00
500.00
12,500.00
NG911 Concurrent Channel Recording License - requires Cisco BiB
EA
included in Phase 1
16 VOIP-PORT
53.00
0.00
0.00
VoIP Per Port Interface
EA
Total For Section "B"
17 Total for Section "B"
0.00
12,500.00
0.00
C. Other Allowances, Discounts, Trade -Ins, Freight, Make Ready or Miscellaneous Charges
18 INSTALLCEC
1.00
9,350.00
9,350.00
Phase I
EA
Installation, software configuration and training
19 INSTALLCEC - 3rd party API
1.00
3,350.00
3,350.00
PHASEII
EA
Installation - API Integration
Items in Total 152.00
Sub Total
139,125.90
Total Taxable
Amount
139,125.90
Arkansas (9.75%) (9.75%)
13,564.78
Total
$152,690.68
Notes
Pricing by HGAC - Contract # RP07-20
We are looking forward to your business.
Terms & Conditions
Terms: 50% down / 50% on delivery
We have been experiencing as much as a 6-week shipping delay on hardware items for existing orders. As such, our normal delivery
expectation of 'A to 6 weeks after receipt of order" is adversely affected. We appreciate your understanding while we all adjust to our new
economy.
All new parts and labor are warranted for one year from delivery and installation.
All hardware refresh ("HWRF-xxxx") parts must covered under separate maintenance unless otherwise noted.
All repair parts and services are covered for 90 days.
Commercial Electronics Corp. Recording Systems
Offered Post -warranty Services Summary
Tier I - The Software Only option is a 24-hour remote maintenance and software update plan. Most problems can be
corrected quickly through remote access into the voice logging server. The system will also automatically report any
malfunction directly to HigherGround and Commercial Electronics technical personnel who will then correct the problem
perhaps even before it becomes evident to you. As new software features come available, they will be automatically
downloaded to the system. (15% of list price of the system recording software and licensing or $1,350.00 minimum)
Tier II - Exchange service includes the software maintenance above and defective board / module exchange of otherwise
warrantable parts. Parts identified by the customer as defective will be pre -shipped by Commercial Electronics for
immediate replacement. On -site labor required to replace parts is provided by the customer. (15% of list price of the
entire recording system or $1,800.00 minimum)
Tier lilt - Standard service continues the same service as that provided during the warranty period; i.e. 24-hour
monitoring*, remote* software updates and covers all system hardware as well. Most malfunctions are typically not hard
equipment failures, and can be corrected by re -initializing programs remotely. However, should an otherwise warrantable
failure occur to the hardware, this plan covers all parts, labor and mileage during normal business hours. On -Site service
does not apply to peripheral equipment, including keyboard, monitor, mouse, UPS or other easily replaceable external
modules. (Approx. 20% of list price of the recording system or $2,100.00 minimum). Should after-hours service be
required, the customer would be responsible for additional labor charges of $217.50 per hour.
Tier IVt - 24-Hour service option (NOT AVAILABLE IN ALL AREAS) extends the standard service to full 24-hour response for
equipment failures or other situations requiring an on -site technical presence. Standard repair service is provided from 8:
00 a.m. to 4:30 p.m., Monday through Friday. 24-hour service covers repair actions necessary to restore primary operation
after normal business hours. ($750 + 25% of list price of the recording system or $3,300.00 minimum).
* Hi -speed remote access is required for all Maintenance Agreements.
tCEC may use a third -party service provider for certain on -site services under Tier III and IV.
If no pre -paid maintenance coverage is chosen, Commercial Electronics will continue to provide service on a Time -and -
Materials basis. Our current labor rate is $225.00 per hour plus parts; applicable mileage for on -site service is $1.50 per
mile round-trip, from point of departure; after-hours service is billed at time and one half, $337.50.
Customers under maintenance coverage receive a 10% discount on all out -of -warranty service parts and
accessories.
j/�►w� CONTRACT PRICING WORKSHEET
77`ill�1 For Catalog & Price Sheet Type Purchases
Contract
E RPQ7—ZQ
No,:
Date
July 26, 2022
Prepared:
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed
to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Buying :City of Faycttvillc
Agency:
Contractor: :Commercial Electronics Corp
Contact Natisha Claypool, RPL
Person:
Prepared :Bill Behar
Be:
Phone: €479.587.3562
Phone: €210-547-2131
Fax: €479.587.3563
Fax: €210-737-1240
Email: €nclaypool(a.fayetteville-argov
Email: bill@comelectronics.com
Catalog / Price Sheet
Name:
General Description
of Product: IF
A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary
Quan
Description
Unit Pr
Total
SEE ATTACHED PROPOSAL FOR PRICING
Total From Other Sheets, If Any:
$ 114,513.34
Subtotal A:
$ 114,513.34
B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary
(Note: Unpublished Items are any which were not submitted and priced in contractor's bid.)
Quan
Description
Unit Pr
Total
SEE ATTACHED PROPOSAL FOR PRICING
$
Total From Other Sheets, If Any:
$ 12,500.00
Subtotal B:
$ 12,500.00
Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of
the Base Unit Price plus Published Options (A+B). For this transaction the percentage is:
10.9%
C. Other Allowances, Discounts, Trade -Ins, Freight, Make Ready or Miscellaneous Charges
Installation Phase I
$ 9,350.00
Installation Phase II
$ 3,350.00
Subtotal C:
$ 12,700.00
AR TAX rate 9.75%
1 $ 13,564.78
Deliver Date:: 4-6 wks
D. Total Purchase Price A+B+C :
$ 153,278.12
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ELECTRONICS
STATEMENT OF WORK
For
City of Fayetteville AR
HigherGround Recording Solution
This Statement of Work identifies the general responsibilities of City of Fayetteville and Commercial
Electronics Corp. (CEC) to ensure a successful installation of the HigherGround Voice Recording System.
Please note that due to liability reasons, CEC personnel are not authorized to install, relocate, make
connections to, troubleshoot, or adjust any equipment which is not purchased from, or otherwise supplied
by CEC.
CEC will contact the City of Fayetteville one week after receipt of the order to discuss the installation. CEC
will provide a Pre -Installation Checklist (PIC), which provides specific site -preparation detail. The PIC must
be signed and returned to CEC. The installation will be scheduled after the completed checklists are received
to allow sufficient time to coordinate shipping, travel, and other commitments.
Overview:
The HigherGround recording system installation will consist of the following:
• All new hardware and software for both chassis will be installed at the same time.
• Existing software licenses will be moved from existing system to the new hardware.
• Existing recordings will be moved to new hardware as City of Fayetteville requests.
• The remote installation should take no more than two (2) days, however we will assist longer if
needed. There may be additional remote installation required to complete the installation.
DELIVERABLES:
CEC will deliver the following:
HARDWARE: - none
SYSTEM SOFTWARE:
Phase I- Cisco IP Built -in -bridge recording
20 full time IP recording
25 concurrent IP recording
8 Vesta IP recording
Support Software
Free seating
Screen Capture
Replication
Phase II — Motorola RoIP
28 Talkgroup RoIP recording
1318 N Brazos DATA - Voice - Video Recording & Management Solutions 800-933-4077
San Antonio, Texas 78207 .:'4* WWW.COMELECTRON ICS.COM 4V# 210-736-3119
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ELECTRONICS
The following software modules and functionality are included as a part of all HigherGround recording
solutions:
NG 911 Voice Recorder: Digitally stores voice recordings in standard WAV format.
Configurable to record continually, on a schedule, or record -on -demand.
Real -Time -Monitor: Authorized users can monitor telephone calls real-time.
Control Tower: A core component of all HigherGround solutions that allows you to monitor
your system, manage recordings, retrieve data and delegate access from a single point of
control. Control Tower also gives the ability to grant full or limited access based on individuals
and/or departments with usage audits.
ANIIALI Integration: The capture of ANI (Automatic Number Identification) and/or ALI
(Automatic Location Information) data for greater detail in reports.
I'm Alive TM: We monitor your systems, even when you don't. Our unique system is designed to let
us know if your system is down. I'm Alive also monitors your network connections, PBX, servers
or applications.
Dashboard - SMS Capture, Adjustable docking window framework that enable authorized
users and dispatchers to customize layouts containing various categories of information.
Stand -Alone CD: Records incidents and playback software that can be burned onto
portable CD securely locking recordings on the CD with pass code permissions
ACID Free -Seating Integration: Allows recordings to be associated to agents in a free -
seating environment regardless of which station they are working from.
NG 911 Dispatcher Evaluator: Customizable agent grading forms for voice and screen
evaluation during playback, or in real-time.
Replication: Makes a second copy of recordings to a recorder or a second server, either
onsite or remote, through a WAN connection.
Redaction: Allows the user to redact certain parts of the recording while keeping the original
recording in tack and .save as a wav file and/or save to the database for later retrieval.
HigherGround`
Authorized Reseller
1318 N Brazos DATA - Voice - Video Recording & Management Solutions 800-933-4077
San Antonio, Texas 78207 .'4* WWW.COMELECTRON ICS.COM 4V# 210-736-3119
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STAGING:
City of Fayetteville will designate the hardware to stage the recording software. The hardware must be
suitable to house the HigherGround software.
CEC technical personnel will install the recording software on provided hardware. See attached Hardware
specifications.
A physical network port will need to be provide for each IP recording solution.
AUDIO CONNECTIVITY:
City of Fayetteville will ensure all audio sources to be recorded are available prior to installation by terminating
them within sufficient proximity of the recorder location to accommodate placement and serviceability. A
variety of standard termination methods are available and will be discussed during the site preparation phase.
City of Fayetteville will provide labeling/documentation of which station is terminated on each cable pair.
DATA INTEGRATION:
City of Fayetteville will provide a live data feed via IP to the system along with documentation of the connection
details (speed, data bits, stop bits and parity or IP address and port #) for each data source being integrated.
In all cases, City of Fayetteville will provide working access to the required data. Neither CEC nor
HigherGround are responsible for delivery of data related functionality until working connections are
established and proper data is delivered.
City of Fayetteville will provide via email a sample data stream with documentation for all data that will be
used within the HigherGround system as soon as possible for evaluation prior to installation. Lack of a sample
data stream may result in a delay of full implementation of the recording system functionality.
CEC will connect the data feed to the system and configure the system to populate the data in replay software
GUI.
NETWORK ACCESS:
City of Fayetteville will provide a single LAN connection within sufficient proximity to the recorder
location to accommodate placement and serviceability, if network operation is desired; i.e. replay,
live monitoring, etc. The City of Fayetteville must establish network communications between, and
provide proper permissions for, administrators, users groups and the central archive with the
recording system.
CEC will ensure the system is accessible through the LAN and install shortcut icons on up to four
workstations.
HigherGround`
Authorized Reseller
1318 N Brazos DATA - Voice - Video Recording & Management Solutions 800-933-4077
San Antonio, Texas 78207 .'4* WWW.COMELECTRON ICS.COM 4V# 210-736-3119
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VERIFICIATION 1 ACCEPTANCE:
CEC will verify that all functionality of the recording system, as listed in the DELIVERY section, is
fully operational — ref. Remote Installation Checklist. CEC will note any discrepancies preventing
verification, such as audio or data sources, network access or permissions, or other environmental
factors outside the control of CEC.
City of Fayetteville will accept the system upon verification of all primary recording system functions.
If certain functions cannot be verified due to connectivity issues outside the control of CEC which
prevent full installation, the system will be deemed "Delivered and Accepted" at the time of initial
installation for billing purposes. Payment terms of the original order will not be affected. Incomplete
site preparation, including audio source wiring, and data delivery are examples of connectivity
issues.
TRAINING:
CEC will provide three general levels of on-line training at the time of the installation. A brief overview of each
is provided below. If necessary, multiple training sessions may be scheduled to accommodate shift personnel.
System Administrator- training will be done during installation and setup. Setup includes configuring
channels, assigning usernames and passwords, installing desktop short cuts, establishing network
access, and set up of alarm notifications, etc. City of Fayetteville's IT personnel should be involved
in this to the greatest extent possible.
Agent —training is provided immediately upon system set up. Training is generally very quick; most
people already familiar with Windows will become expert users on retrieving, replaying, and saving
calls in a matter of minutes. Training can be done at the individual desktops, or in a classroom
environment, depending on the number of users.
Supervisor - training covers the reporting capabilities of the recording system. The level of data
integration and the specific reporting modules ordered, (i.e. Agent Evaluator, ANUALI, Screen
Capture, etc.) with the system will greatly affect when training is done and how long training will take.
Agent Evaluator- training modules require one- to two-hour sessions each. Agent Evaluator training
mainly focuses on customization to meet your specific grading criteria and performance parameters,
possibly incorporating any existing City of Fayetteville evaluation material. This training will take place
3-4 weeks after installation. This gives personnel time to use the system and become familiar with the
basics.
CEC will provide refresher, specialized, and advanced training, as may be required after system installation,
via remote webinars.
HigherGround`
Authorized Reseller
1318 N Brazos DATA - Voice - Video Recording & Management Solutions 800-933-4077
San Antonio, Texas 78207 .'4* WWW.COMELECTRON ICS.COM 4V# 210-736-3119
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MAINTENANCE:
City of Fayetteville will maintain an environment conducive to computer equipment operation. City
of Fayetteville will bear sole responsibility for ensuring the recording system is protected against
infiltration by malicious software programs known as "viruses" or "worms". City of Fayetteville will
be responsible for eradication of same, and any cost associated with recovering lost or damaged
data due to such malicious software programs.
During the first -year warranty period, CEC will provide 24-hour remote alarm
monitoring, as well as recording software updates as available.
City of Fayetteville will make the recording system accessible to the service representative via
remote access for scheduled updates and maintenance at times acceptable to both parties.
Remote access may be provided by City of Fayetteville via modem line, TCP/IP connection or other
method mutually acceptable to both parties.
For any reported problem with the recording system, City of Fayetteville will assist the technician
by providing a complete and accurate description of the trouble symptoms over the phone,
performing any routine front panel functions, including removing and reapplying main power to the
unit as instructed, prior to CEC dispatching a technician for remote service.
All our technicians have been background checked by numerous other agencies by providing driver
license number, address, date of birth., etc., and we can do likewise for City of Fayetteville if they
want to perform background check too. Additionally, we have individually and collectively signed
Nondisclosure agreement for specific agencies when requested. However, CEC personnel do not
handle Criminal Justice information.
1318 N Brazos DATA - Voice - Video Recording & Management Solutions 800-933-4077
San Antonio, Texas 78207 .'4* WWW.COMELECTRON ICS.COM 4V# 210-736-3119