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HomeMy WebLinkAboutSole Source Special Purchase - Word Systems Inc - iRecord Upgrade System for SBPD1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD S0IJTH BEND. INDIANA46601-1930 ,n►u'11�yq . z PM ACK m Iflfia CITY OF • BEND PETE BUTTIGIEG, MAYOR BOARD '` PUBLICWORKS March 26, 2019 Janyll Stierwalt Word Systems, Inc. 9045 River Road, Suite 125 Indianapolis, IN 46240 RE: Sole Source Special Purchase Dear Ms. Stierwalt: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on March 26, 2019, approved the above referenced special purchase regarding the iRecord system upgrade for the South Bend Police Department in the amount of $19,339.45 per year for a total of $96,696.45 for five (5) years. Enclosed please find the original of the special purchase for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE MILLER ELIZABETH A. MARADIK LAURA O'SULLIVAN THERESE J. DORAU 701 W. SAMPLE STRUE:T Sou-ni B ,ND, 1xrxAN 4660 t .-2890 PHONE 574/ 235-9311 E,"A.x 574/ 2 8-026 SOUTHCITY OF r PETE BUTTIGIEG, MAYOR SOUTHBEND POLICEDEPARTMENT SCOTT A. RuSZKOWSKI, Board of Public Works March 21, 2019 City of South Bend, Indiana Honorable Board Members, The South Bend Police Department is requesting Board approval for the special purchase to upgrade and update our Record system for use by the Investigative Bureau, Patrol, Strategic Focus Unit, Internal Affairs, and Polygraph Examiner, federal agencies and neighboring jurisdictions. Our current system is nearing the "end of life" and is currently utilizing analog cameras which were used in the previous system. The new system will provide high definition cameras and transfer the older recordings to high definition. The total cost of the system is $96,696.45 over the five-year lease period. The cost is broken down to five annual lease payments of $19,339.29. The Record system will be purchased through Word Systems, Inc. The funding source for the lease is IT Leasing, account #279-0672-415.38-01/-02. The purpose of this letter is to request the Board to approve the purchase as a Special Purchase under IC 5-22-10-8 and IC 5-22-10-9 due to the compatibility with our existing system and without the upgrade it would impair the functioning of our agency. I believe you may have similar letters on file for previous requests. Thank you, Mark Dollinger Director of Logistics & Purchasing South Bend Police Department ervice Bravery ride r'lW egAnmd.N P�'.P 40 WORD SYSTEMS, INC. fl�rh��Au , rr.%, cord Digital Video/Audio Recording System for Interviews Date: 111012019 pa ad For: South Bend Police (Department 8-6-18 Prepared By; Janytl', Stierwalt 317-501-1192 SCRIPT'ION PART # UNIT PRICE EXTEh iRecord Universe Software includr>s': Redaclion, Multt•Department security, Chain of Evidence Audit Report, Export to DVD+USB, Remote Conti cl On/Off, Universe Desktop, Local Evidence Vault, 1Ox iRecord Thick Client Licenses, Remote Live Viewing, RTSP Live Monitoring (Additional hardware required), File import, Picture -in -picture One Year Hardware and Software Warranty iRecord Universe lP Turnkey Recording System (4 Room) IR.Universe (4) $20 055 $40,110.00 185,00 B Single Gang Toggle Switch Plate w/ LED - Stainless Steel SM-SGSPLI-SS $145.00 V ISO= 2 Optical Breakout Card -Dry Contact SM WBC1 $295,00 .... $590,00 One breakout box supports four switches ._ 2 ..._ Relay Output with Digital Input Ethernet dwRodule ADAM6060 $3g5,00 $790.00 One relay supports foursmdtches ., " m �e 8 Axis 3374IP Camera AX-P3174 $1,145.00 $9.160.00 8 Covert Light Switch Microphone (Weather Resistant) _.. CN-PZM11LLWR� $285 00 $2,280.00 t PC Stick (For Remote Monitoring) PCSTICK $5 95.00 $595.00 1 Network / USB Adapter AD-NTWKUSB $55.00 $55,00 1 Keyboard and Mouse - Wireless Blutocth KBDMOU-BT $139 00 $139.00 1 16 Port Power Supply (Power Supply for Cameras, Microphones AL-R615DC616ULC $385.00 $385.60 and Accessories) 2 Uninterruptible Power Supply 1000VA - For Single Workstation UPS1000 $215,00 $430.00 2 1 Viewsonic 22" LCD Monitor MO_N22 $235.00 $470.00 2 1 Computer Speakers COMPSPKR'S $45.00 $90.00 _........ 1 ..... 16 Port Managed Network Switch - 8x_.PoE (8 cameras max) ....... _ NESW-16PM ........ $295,00 -__ $295.00 r ..,.. �..., _, rr ,.. „ ..,..... ........ .......m,.e.-.- SUB-TOTAL $60,734.00 B iRecord Vi Professional to Universe Upgrade Discount - Per Room DISCOUNT -$1,950.00 ($15 600.00) Upgrade discount expires 1213112018 1 iRecord Vi Enterprise to Universe Enterprise Upgrade Discount _ DISCOUNT -$1,380,00 ($1,980,00) Upgrade discount expires 12/31/2018 1 INSTALLATION AND TRAINING (Subject To Change After Site Survey) ...... ............ _W $8,092.00 $8,092.00 Excludes cable and cable installation 1 �. p ............ -...-.._ .... FOUR YEAR Pre Paid Extended Warranty Option- Total of FIVE Years Coverage ._ $34,011.00 $34,011.00 1 John E. Reid Training (See any�yn�ouncement 6or more details) Expires 12/31/2018 WSWERpTraining $750.00 $0,00 � SYSTEM TOTAL ....$85 857 00 (Optional) Third party administrated lease option - 5 years (one annual Initial here if payment) electing lease $19,339.29 A Please see the iRecord Scope of Work - Separate Attached Doc - To be reviewed at Pre -installation meeting. B Please see Warranty Agreement and/or Technical Services Agreement (if applicable)- Separate Attached Doc C DELIVERY. Please allow estimated 60-90 days from date of written purchase order (or date of first payment when applicable) for delivery. D Custom equipment orders may not be returned. Stock merchandise and accessories may be returned if in the original packaging provided a restocking fee of not less than twenty -rive percent (25%) or such greater restocking fee as determined by WSPs supplier is paid by customer. E This quote does not include State and Local taxes. Customer to provide tax exempt certificate or taxes will be added to the invoice. F Payment terms; 50% with order, 50% upon system installation. Special Payment Term requests need to submitted in writing. G This price list together with all of its attachments and license terms and conditions from the software manufacturer, which are hereby incorporated by reference, constitutes the entire agreement with respect to its subject matter. No inconsistent or additional terms submitted by Customer in any purchase order or similar document will be binding on WSI. H QUOTATION IS VALID FOR 90 DAYS. Please mail purchase orders to Word Systems, Inc., 9045 River Road, Suite 125, Indianapolis, IN 46240 or FAX-317-544-2192. 9 South Bend Police Department C E LE RR ATIN4 40 WORD SYSTEMS, INC. A.EADERS ON VOICE ,AND CA'EN AEEbORDd UNQ 30 iLUTIOINS raAms S7sterims"Oatutw.. 9045 River Road Suite 125 Indianapolis, IN 4 P �. — --� 6240 1 317 544-0499 Technical Services Agreement This is an agreement (hereafter referred to as the "Agreement") between Word Systems, Inc. (hereafter referred to as "WSI") and the Customer (hereafter referred to as "Customer"). The initial term of this Agreement shall be from the Start Date referenced below, through the last day of the th full calendar month after the Start Date (the "Term" or "Initial Term"). This Agreement is for the items listed on the WSI "Sales Invoice" referenced herein, or the list of attached SN's provided on Attachment A (hereinafter such items collectively referred to as the "Equipment" and "Software" or the "System") and covers the service, support, training, periodic software upgrades, parts, and labor for the System during the entire Term of this Agreement. Start Date: Initial Term of Agreement: Amount due for Initial Term; Annual Amount Due: No refunds shall be given if Customer cancels or terminates this Agreement during the Term. This Agreement shall automatically renew for a one year Term after each prior Term unless either party provides the other party with written notice at least 90 days prior to the end of the current Term. The fee for a one year renewal of this Agreement will automatically be invoiced sixty (60) days prior to the end of each Term for the upcoming successive year at WSI's then current annual rates. The rates herein may be increased upon renewal of the Term and as otherwise set forth in this Agreement considering factors that include, but are not limited to, inflation, fuel costs, availability of parts, software, history of support calls and parts used during previous Term.. Payment in full is required on or before the first day of each Term. ARTICLE I TECHNICAL SERVICES A. SERVICES WSI will provide to Customer support as follows: 1) Support for Software and Equipment purchased hereunder. WSI may provide error correction on software by means of a "temporary fix," in which case it will continue to use reasonable efforts to pursue a permanent solution. 2) Repairs will be performed and replacement parts will be furnished, if available, at no charge. The returned defective and/or worn parts WSI replaces become the property of WSI. WSI reserves the right to replace or exchange any defective piece of Equipment with another if WSI determines there is a need to do so, regardless of age or serial number 3) Installation of Equipment, or any Software revisions to basic Equipment, that is required by the manufacturer to correct a problem. It must be determined to be essential and be needed to keep the Equipment running. This does not include extra features and enhancements that are sold to increase performance or functionality. 4) Training will be performed remotely between 8 am and 5 pm, Monday through Friday, EST, excluding holidays, unless other arrangements have been agreed upon in writing prior to the Start Date. 5) Annual health check will be performed within 90 days of customer request. All Systems covered under the Agreement will be audited for proper hardware and software functionality and reviewed for applicable updates. Critical system files will be backed up, and site documents updated. Audit will be performed remotely unless onsite is required, as determined by WSI. 6) Technical consultation to support design of expansion and upgrade planning. 7) Services are to be performed Monday — Friday 8AM —5PM EST, unless the service is deemed to be for a 'down' system or a high severity call that greatly effects the site. 8) In the event of replacement parts or equipment during the course of this agreement, the new items will have a 90 day warranty, or will be covered for the duration of the TSA agreement, whichever is longer in duration. 9) Access to available knowledge resources i.e., technical documents, bulletins, webinars, user guides and User Group contact information. 8GE5 Additional Charges, if any, will be assessed per this Agreement as shown below: 1) WSI will charge for time and materials for performing any services connected with relocation of equipment and expansions of equipment (30 days prior approval required). WSI will charge time and materials rates for all repairs and software support needed to repair computer virus contamination of the WSI supplied computer system. WSI will charge for installation of any system expansions. The Customer agrees not to load any software on the WSI supplied computer without the prior written permission from WSI. WSI will charge for any installation of system expansions, software enhancements, software and related modifications or additional attachments and accessories that the Customer requests but would not normally be essential to keeping the equipment operational with its then current functionality. 2) Additional onsite training, beyond initial training provided with purchase, will be invoiced at WSI standard hourly rate. 3) WSI will charge for any parts or equipment that must be replaced due to cause other than normal wear and tear. Damages caused by accident, abuse, operator errors, etc. are chargeable. 4) New additional equipment or software purchases will result in adjustment of technical services agreement charges. Customer will be invoiced for support premiums related to such additions. The invoice will be pro -rated to coincide with the remaining Term of this Agreement 5) WSI shall not have any obligations with respect to problems due to any modification of the Equipment or Software by anyone other than WSI, the improper combination of Equipment or Software with other products not provided by WSI, or the use of the Software or Equipment in an unreasonable manner„ Any services that WSI agrees to perform due to the foregoing shall be charged at WSI's then current rates. 6) WSI shall not have any obligations with respect to problems due to Customer's failure to install standard software updates or comply with the manufacturers' recommended operating environment or specifications, or due to changes in Customer's own network or hardware. Any services that WSI agrees to perform due to the foregoing shall be charged at WSI's then current rates. 7) WSI shall use commercially reasonable efforts to provide the agreed upon technical services. If an identical part or Equipment is not commercially reasonably available when there is a need for replacement, then WSI may use a compatible, alternate part or equipment. However, should WSI determine that a part or certain equipment of Customer is not commercially reasonably available for repair or replacement of an identical or compatible, alternate part or equipment, due to its age, technology advances in conjunction with Customer's other equipment, services, or compatibility with Customer's systems, then Customer shall be required to purchase a replacement part or equipment in order for WSI to complete the technical services pursuant to this Agreement. C. EXCLUSION'S WSI does not provide: 1) Electrical work, cabling, drilling or carpentry; 2) Technical support of equipment not provided by WSI; 3) Loaner equipment. Consult account manager for spare/redundant systems; 4) Additional equipment or upgrades to existing equipment or operating systems, software or other tools or utilities or networks or components that may be required in connection with a manufacturer's major software upgrade; 5) Support in resolving network, workstation, database, environmental or other errors not directly related to the Software and Equipment listed in this Agreement; 6) Technical support of systems that have non-standard configurations that have not been certified by 3rd party providers are specifically excluded from the Agreement unless otherwise agreed in writing by WSI and included in this Agreement; 7) Any hardware, software or systems supplied to the Customer by a third party, unless specifically included in this Agreement. 8) Parts are covered for any system with an installation date of less than 5 years. After 5 years, the system is considered at an age for replacement and parts are no longer covered under this agreement. 9) Management of anti -virus or other security applications (see WSI for approved 3rd party applications). WataranE'xl'uzmiIToart: WSI is providing technical services in lieu of any warranties from manufacturer. To the fullest extent permitted by law, the services herein and the Software and Equipment are provided on an "as is" basis. WSI does not warrant that the Equipment and Software will operate uninterrupted or error free or that all defects will be corrected or that they will meet customer's requirements or will operate in combinations with other equipment, software, or data not provided by WSI. WSJ DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLtILP._W)JITH RESPECT TO THE SOFTWARE, E VIPMENT AND SYSTEM, WSI DISCLAIMS ANY IMPLIED WARRANTY Of MERCHANTABILITY 0 „FITNESS FOR A.. PARTICULAR PURPtiSE� 1WCIRKEIJJNAN NLIKE EFFORTS NON -INFRINGEMENT OR WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE Of DEALING OR USAGE OF TRADE., In lieu of such warranties, WSJ shall provide all of time services stated herein throuhaut the term. ARTICLE II GENERAL TERMS AND CONDITIONS A. WSI RESERVES the right to modify or delete any term or condition of this Agreement by giving a 30-day prior notice to Customer, in which case Customer may terminate this Agreement by giving WSI written notice of its intent to terminate within 30 days of its receipt of notice from WSI regarding the change, in which case WSI will provide a pro-rata refund of pre -paid Technical Services Fees for the remainder of the Term. B. iLIAB'ILIT V DISCLAIM ,ENt'S WSI shall not be liable or held responsible for any delay in or failure or defect of performance under this Agreement, or be liable for any other consequence, damage, injury, or loss, caused by or resulting from any act, event, occurrence, or cause beyond the reasonable control of WSI, including (without limitation) acts of God, war, fires, hurricanes, explosions, floods, strikes, major mechanical breakdown, system malfunctions, interruption of utility services, acts of any unit of government or agency thereof, work stoppage, breakdown, virus contamination, theft, loss of data, lack of available parts from the manufacturer, loss caused by power failures, loss caused by lack of Customer equipment or software backups, or work done due to lack of proper training of Customer's personnel. Customer is expected to insure the Equipment, Software, and System and to backup all data, voice and video files and to protect the computer from incoming virus damage. Service calls that are caused by any of the foregoing exclusions shall be invoiced at the currently published time and materials rates. To the fullest extent permitted by law: 1) WSI and its officers, directors, employees, shareholders, agents and representatives shall not be liable to customer or any other party for incidental, special, exemplary or consequential damages (including, without limitation, loss of anticipated profits, loss of data, and loss of goodwill) arising out of or related to this Agreement or the goods and services provided, even if advised in advance of the possibility. 2) Except with respect to damages caused by WSI's willful misconduct, WSI's liability (including attorneys' fees) to customer or any third party arising out of or related to this Agreement and the goods and services provided shall, for any and all causes and claims, regardless of the form of action, whether based on contract, tort, negligence, strict liability, indemnification or otherwise, in the aggregate not exceed the price paid by Customer for the particular goods or services involved prior to such claim's accrual under which such damages arose. C. CUSTOMER RESPONSIBILITY It is the responsibility of the Customer to have trained personnel operating the Equipment who have basic PC knowledge. Additional training is available from WSI for an additional charge as new people are hired to run the Equipment. The Customer shall make the Equipment available to the service department representative as soon as a representative arrives on -site and agrees to allow the WSI technical services representative access to the Equipment, immediately upon arrival. Any delays will be charged for at our regularly published service rates. Access will be given to him/her for as long as it takes to repair and adequately test the Equipment. D, FORCE M jEURE If either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of inclement weather, strikes, lockouts, labor troubles, inability to procure material, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under this Agreement, the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding the foregoing, the provisions of this section shall at no time operate to excuse Customer from any obligations for payment when due, and all amounts shall be paid by Customer to WSI when due. E• GOVERNING LAW; VENLUE This Agreement and any matters and disputes related thereto shall be governed by and construed in accordance with the laws of the State of Indiana without regard to the choice of law principles thereof. Any cause of action arising hereunder may only be brought in a federal or state court located in Marion County, Indiana. Each party expressly agrees that Marion County shall be deemed to be a county of preferred venue and each such party waives any entitlement each might otherwise have to a transfer of venue out of Marion County under any preferred venue requirements of Indiana Trial Rule 75 or any other venue rules or laws which may be applicable. The parties hereby submit to the exclusive jurisdiction of the Indiana courts. E, SEV!LLALIN�LITy, In the event that any of the provisions of this Agreement is held to be invalid or unenforceable in whole or in part by a court of competent jurisdiction, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable provisions had not been included in this Agreement, and this Agreement shall be construed by adding a valid provision which effectuates the intent of the invalid provision as nearly as lawfully possible. G. EXECUTION AN~,NR DELIVERY Each of the persons who has signed this Agreement represents and warrants that he or she has been duly authorized to sign this Agreement by all necessary action on the part of the entity on whose behalf he or she has signed this Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and part of one and the same Agreement. Delivery of an executed copy of this Agreement by facsimile transmission or email shall constitute effective and binding execution and delivery thereof and the signatures thereon shall be deemed to be original signatures for all purposes. By: IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS Print Name: AGREEMENT ON THE DATES SHOWN BELOW. THE UNDERSIGNED Title: PARTIES AGREE THAT THEY HAVE READ AND THAT THEY UNDERSTAND THE TERMS AND CONDITIONS OF EACH PROVISION Date: OF THIS AGREEMENT AND BY THEIR SIGNATURES ACKNOWLEDGE THAT THEY ARE BOUND TO KNOW THE CONTENTS OF THIS AGREEMENT AND TO PERFORM AS REQUIRED HEREBY. Customer By: Print Name: Title: Date: Word Systems, Inc. C:\Users\cwalchle\Documents\2017 10 19 Technical Services Agreement.docx Attachment A Additional Equipment Covered under this Agreement; This Maintenance and Support Agreement will cover Service, Support, Parts and Labor for items listed below. Please fill in the appropriate Equipment/Software model # and serial numbers and/or Licensing Numbers. Equipment Make & Model Number Serial Number/Software License # Word Systems, Inc 9045 River Road, Indianapolis, IN 46240 Ph: 1800.425.7627 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 3/14/2019 Mark Dollinaer Department SBPD BPW Date March 26, 2019 Phone Extension 7677 .._. -- ................. Ieqqrred.. Prior to Submittal to Board Legal X Attorney Name Geovanny Martinez/Clara McDaniels Controller review is required for all Contracts $5,000.00 or more Controller ® and greater than one year in length per the City Purchasing Policy Purchasing Check the P LJ Agreement Professional Services E Bid Opening Fj Quote Opening ❑ Chg Order No. ❑ Ease./Encroach. ® Other: Special Purchase Ids 5-22-101-0 IC 5-22-1 0-9 Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Tqp iate Item Tye - El Contract F] Amendment El Bid Award El Quote Award ❑ C/O & PCA No. ❑ Traffic Control Word Ql Yes JZ No F� MBE for All Submissions Proposal ❑ Req. to Advertise I Information Inc PCA El Resolution ❑, Claim If Yes, Approved by Purchasing Addendum ❑ Title Sheet ❑ WBE Completed E-Verify Form Attached NoEl _iRecord System Upgrade ... _........................ - .._.... IT Leasing and IT Professional Services 279-0672-415.36 6 01 /-02, 279-0672-415.31-06 L $ .......... ... _.......... 5 years __ ........_....._�. South Bend Police Dept re oasts the Board of Public Works approve the upgrade of the iRecord s stern throu h a 5 year lease at 19 339.29 annually and 3545 wiring upgrade to. maintain compatibility with currents stem and continue the abilit to provide recordings and documentation for interviews and For Charge Orders Onl Amount of El Increase EJ Decrease Previous Amount $ Current Percent of Change: New Amount $ Total Percent of Change: Time Extension: Dispersal After Approval Copy Original