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1730ORDINANCE NO. '`I3O AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR COMPUTER HARDWARE FROM OFFICE EQUIPMENT SERVICE CO., INC. (OES) FOR THE WEST MEMPHIS FIRE AND POLICE DEPARTMENT, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, Arkansas Code Annotated Section 14-58-303 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and WHEREAS, there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; and WHEREAS, the West Memphis Fire and Police Department are in need of upgrading their computer hardware and have compared the hardware packages offered by various companies and found them to offer many different programs and features, and competitive bidding under such circumstances would not be feasible or practical; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That competitive bidding be waived for the following items to be used by the City, described as follows: Computer hardware to be purchased from OES. 2. The agreement between the City of West Memphis and OES is hereby approved and the Mayor and City Clerk are hereby authorized to execute this agreement. 3. EMERGENCY CLAUSE: It having been found and determined by the City Council of the City of West Memphis, Arkansas, that there is an urgent need by the City of West Memphis that the present computer hardware and software for the City's 9-1-1 system are not supported by a service agreement and may be inadequate to meet the needs of the citizens of West Memphis and such hardware and m software must be replaced immediately to provide emergency response services to the citizens of West Memphis, an emergency is hereby declared to exist, and this Ordinance being necessary for the preservation of the public peace, health, safety and welfare of the citizens of West Memphis, Arkansas, shall be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED ~~ day of ~A~Q~~ , 1996. ~~ r AL BOALS, M or { SPONSORED BY: • y Office Automation Agreement Especially for CITY OF WEST MEMPHIS FIRE DEPARTMENT AND POLICE DEPARTMENT Prepared by: Michael J. Carnahan March 15, 1996 The contents of this proposal are confidential and are only for the use of City of West Memphis - and Office Equipment Service Co., Inc. r Investment Summary Novell Network Solution I. HARDWARE AND SOFTWARE ~- A. File Server -Option A System Configuration r- ~ (2) Compaq ProSignia 300 5/75 @ $5,279.00 each $10,558.00 ' 32MB RAM, 2.1GB Hard Drive, ~ ~` 14" Color Monitor, Keyboard and Mouse TriFlex/PCI Architecture, combining EISA and PCI Buses Integrated 32-Bit Fast SCSI-2 Controller Integrated 1024 x 768 Video Graphics Preinstalled CD-ROM Ships standard with SmartStart Ships standard with Compaq Insight Manager Five Total Storage Device Bays Six total slots: One Processor, Three EISA, One Shared EISA/PCI and One PCI Automatic Server Recovery (ASR) and Health Logs Pre-Failure Warranty Standard Mirrored Backup Disk Drive B. Network Operating System (2) UNIXWARE with Development System @ $1,950.00 each $3,900.00 l - C. Application Software (2) Cobol Compiler C $800.00 each $1,600.00 D. Workstations (3) Sun River Xterminals @ $2,850.00 each $8,550.00 8MB RAM, 35MHz, 20" Color Monitor 1... I II. TECHNICAL SERVICES A. Installation $990.00 _ OES will assign an experienced computer engineer as Project Manager for your system implementation. This individual will oversee the entire process and will work with you to assure a smooth installation. ' 10 hours of Installation Services and Software Support C~? $99.00 per hour during business hours are estimated for the installation of hardware and software. This is an estimate and more hours may be required. Additional support will be billed at $99.00 per hour. If service is required after business hours, there will be an additional charge of $149.00 per hour. Service time is billed in quarter hour increments. Please allow 30 days from order date for delivery and additional time as needed to complete installation. L B. Cabling for .Network Nodes Cap $125.00 Per Node $1,000.00 Patch Panel OES will install data-grade cables behind hollow walls and above suspended ceilings. Additional labor and material charges apply for closed ceilings or solid walls. Price is valid for runs up to 100 feet in length. Additional cabling will be provided at the rate of $42.50 per hour plus $1.00 per foot of cable. If plenum cable is required to meet code requirements, there will be an additional charge of $20 per run. Cable fu}-nished will be Level 5 cable to prepare for 100MBps ethernet. C. The OES Extra Mile Warranty Upgrade Included in our prices are all manufacturers' warranties subject to the individual manufacturers' terms and conditions. We recommend enhancing the manufacturer's warranties to minimize the inconvenience of inevitable hardware failures. Please select from the following warranty options. OES On-Site Compaq Warranty Upgrade For Three Years On- Site Help Desk Loaners Response Time Hours Price Platinum Y Y Y 2 Hours 7x24 $3,294.00 Annual 24/7 Maintenance Sun River Terminal $1,200.00 Total $37,067.00 t _® _._ -- -- -. _._ ___ .__ -- m:x:r. .. • .... • . . ~, ` ~• I I V l l .. ... . When your systems need service, they need it now! When you request Priority One Service an OES Technician will • arrive at your office within two business hours. 0 o e • • When you have system problems, you need to talk to real people with real solutions. An OES Computer Technician is • standing by at our "Help Desk".-L Just Call Customer Service! • e In the event we are unable to repair on-site a machine covered by a maintenance agreement or OES warranty you will receive a free service loaner by the next business day. • . • ® e ..... • o An OES Office Automation Consultant will visit your~office ° and assist you in examining your business issues. You'll see how the latest developments in networking, document • management, and computer connectivity can be put to work for you. Then, your consultant will engineer a system to meet your specific needs and objectives. I ~ ~ I) Each of our Associates is personally committed to meeting your requests and objectives, no matter how complicated. If we cannot answer your questions or meet your needs immediately, we'll research the situation and respond promptly. Our Continuing Commitment to Excellence III. TERMS AND CONDITIONS 1. It is agreed by the Purchaser that this contract, when accepted by OES, hereafter referred to as Seller, is not subject to cancellation or to any verbal agreement or condition not stipulated in writing on it. o ~; ~ 2. All claims for shortage must be made within five (5) days from receipt of goods. 3. The Purchaser acknowledges that he has read this agreement, understands it, and agrees to be bound by its terms and conditions; further, the Purchaser agrees that it is the complete and exclusive statement of the agreement between the parties, which supersedes all proposals or prior arrangements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. 4. This is a conditional sales contract and title to the equipment herein referred to shall not pass until fully paid for in cash. 5. Do not sign this agreement before you read and approve it. 6. You are entitled to a completed copy of this agreement. 7. Under the law you have a right to pay off in advancb the full amount due and under certain conditions to obtain a partial refund of the credit service charge. 8. Purchaser hereby acknowledges receipt of a copy of this contract. 9. "This contract constitutes the entire agreement between the parties and nonverbal understanding or agreement, unless put in writing and signed by the parties, shall not be valid or binding upon the parties hereto." 10. "It is agreed that the Seller is bound by no warranty or guarantee of any kind, whether statutory, or otherwise, except such written guarantee or warranty, if any, as is provided herein or may be enclosed with the goods shipped." 11. Title to said merchandise and any additions thereto or substitutions therefor is retained by the Seller and shall not pass to Purchaser until all sums due under this contract are fully paid for in lawful money of the United States of America. Purchase agrees that said merchandise shall remain personal property and shall not become part of the freehold. The Purchaser agrees not to dispose of or encumber said property and not to suffer the same or any part thereof to be injured or damaged and not to suffer of any part thereof to be levied upon or sold under any legal process whatever, and to keep the said property in good order and repair and not to remove, or suffer to be removed, the said property from the address above given until paid for in full, except with the written consent of the Seller. it is further understood and agreed that until the Seller shall have received payment in full according to the terms herein set forth, the Purchaser shall be held responsible to said Seller, for the value of said property in the event of loss, damage or destruction while in Purchasers possession, whether such loss is occasioned by fire, theft or any other cause whatsoever. 12. Purchaser waives all claims, damages and demands against Seller arising out of the repossession, retention, separation, and sale as aforesaid. Nothing herein contained shall be construed to prevent the Seller, in the event of the nonpayment of said purchase price or any installment thereof without repossessing or otherwise resorting to the said property, from suing for and recovering the whole of the unpaid purchase price. 13. Waiver of any default shall not operate as a waiver of other defaults. All payments hereunder shall be paid to seller at its main office, 5520 Shelby Oaks Orive, Memphis, Tennessee. Any payments made to any person or persons for transmittal to Seller shall not be credited until actually received by Seller. 14. Any part of this contract contrary to the Law of State shall not invalidate another parts of this contract in the State. All rights and remedies hereunder are cumulative and not alternative, Seller may assign this contract without notice to Purchaser. 15. The Purchaser acknowledges that OES will provide specially trained personnel to perform this installation, and Purchaser agrees not to recruit, or solicit in any manner past or present employees of OES for a period of two years after this contract is accepted. 16. Prices shown do not include sales tax. Purchaser agrees to pay all sales taxes now or hereafter assessed. 17. OMISSIONS -Only hardware and software described herein are included. In the event additional items are needed but were omitted by OES from this contract, these items will be purchased by customer for amount equal to OES cost. In the event items were omitted by customer by no fault of OES, customer agrees to pay regular price net of customer's discount. 18. RETURNS POLICY -Internal electronic components such as memory chips and all Compaq brand products are not eligible for credit but can be replaced or repaired if defective. All returns are subject to individual manufacturer or distributor returns policy. No opened software can be returned. Merchandise must be returned new and in original box with all packing material and documentation. In the event manufacturer or distributor declines return authorization, no return will be allowed. Ail returns are subject to a 15% restocking fee. 19. Should a problem arise, Office Equipment Service (OES) agrees to work with the City of West Memphis and their software provider to resolve problems that may arise from this project A ~IV. 'CUSTOMER RESPONSIBILITIES To maximize your long term satisfaction with your network and to minimize software support costs, OES recommends you designate a System Administrator to perform essential system operations, including: a. Adding and changing users b. Performing back ups of data c. Serving as on-site support for other users d. Communicating with OES personnel regarding service needs e. Performing preliminary trouble-shooting before placing a service call f. Controlling system security. ~ g. Maintaining all owners manuals and diskettes Your designated System Administrator will need to be allowed ample work time to perform these important functions. Prior to installation, your system administrator will need to: a. Designate equipment locations b. Provide stable electrical power to all equipment locations c. Provide phone connections suitable for modem, if any d. Back up all existing data prior to installation e. Send in manufacturer registration cards To enable your System Administrator to gain experience with your system we recommend that he or she be allowed to assist our staff in the installation process. `~ , ~` , __. _. _. __ ._ i V. ACCEPTANCE A. Initial Order Accepted for bY~ t Signature ._.: r Title Date Accepted for Office Equipment Service Co, Inc. by: Project Manager Date B. Final Acceptance All hardware, software, documentation, cabling, and technical services described herein have been provided. Signature Date RSO# _ -- . ..._ ~~ ~- ~~ ~~ . ~~ ~~ ~~ ~~ ~~ -- ~~ ~~ ~~ O ff/ C E E 6 1 U/PMEN T SER ! ~/ C E Office Equipment Service Reference List Compan~g General References National Bank of Commerce Boatman's Bancshares First Tennessee Bank Baptist Hospitals Methodist Hospitals Networks and Computers Arthur Andersen Baptist Health Services Blue Cross Blue Shield of Memphis City of Bartlett Consulting Services Memphis Chamber of Commerce Memphis Convention & Visitor's Bureau Memphis in May Methodist Hospitals National Bank of Commerce Document Imaging School of Nursing Methodist Health Systems Comtrak Contact Phone Dorsey Franklin 523-3451 Eddie Grubbs 537-7010 Bobbie Hence 523-4907 Janice Peterson 227-3160 Pam Tower 452-2234 Scott P. Casey Fred Stearnes Jim Corbitt Charles Goforth Reed Walters Barbara Esoldi Ramona Rogers Venita Steppe Jim Pottkotter Ronnie Howell 575-9291 579-5000 544-2038 385-6417 525-8080 575-3500 543-5310 525-4611 726-7382 523-3630 Christy Shelton 726-8516 Jim Pottkotter 727-7382 Mike Murphy 541-8077 ~:. ,~ _ _ - ...