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Contract 26987
CITY SECRETARY o i CONTRACT NO. 007 INCORPORATED 16308 Orange Avenue, Paramount, Ca. 90723-4882 562-634-1170 Fax 562-634-0993 800-327-9337 AGREEMENT FOR 311 E7!S'- 2000 This agreement between INPUT SYSTEMS,INCORPORATED,the SUPPLIER,herein after referred to as I.S.I.and CITY OF FORT WORTH,TEXAS,herein after referred to as the CUSTOMER, APPENDIX A, 'SOEEW-20W CHARGESFOR THE PERIOD OF OCTOBER 1,2001 THROUGH SEPTEMBER 30,2002;APPENDIX B, 50M1290-"Of-SITE LICENSE AGREEMENT'constitute the entire agreement of the parties and shall supersede any prior agreements, either oral or written pertaining to the contemplated services. I. S11TEPSO - 2000 SOFTWARE PROVIDED I.S.I.agrees to provide to the CUSTOMER J11WEIV - 2000 SOFTWARE MODULES detailed below. Master File Record(M.F.R.)-- ESTABLISHMENT TRACKING'MODULE Daily Activity Report(D.A.R.)-- 'TIMEACCOUNTING'MODULE 'AUTOMATED FIELD INSPECTION SYSTEM' A/R-- 'BILLING-ACCOUNTS RECEIVABLE-PERMITTING'MODULE THE'RFS/CS REQUEST FOR SERVICE/COMPLAINT SYSTEM' THE'CARD REGISTRA TION'SYSTEM A CHARGES The CHARGES forAlIVE/V - 2INN/are based on the NUMBER OF INVENTORY ITEMS CARRIED IN THE SYSTEM.Charges are adjusted QUARTERLY. Charges are detailed in APPENDIX A,.11JWU11,e - 2000 and are based upon the CURRENT CHARGES FOR THE PERIOD OF OCTOBER 1,2001 THROUGH SEPTEMBER 30,2002. The charges for services stipulated herein are subject to revision for any changes the CUSTOMER may make to its requirements or for additional work requested which is not set forth in this agreement or in the Appendixes. 111 .PERFORMANCE I.S.I.warrants that the software provided has been tested and will provide the proper results when used in accordance with the manufacturer's instructions. I.S.I. reserves the right to upgrade, modify, or otherwise enhance, or change, .01WERe - 2I/00whenever necessary or appropriate to the proper utilization of the system G1© AGREEMENT FOR M E�ERe - 2000p^(�� (�}VJ Page 1 of u U U/N/ /NlT AINV 0WAIN TA1 HEAL IN DA TA OL UT/ONS IV. TRAINING AND SUPPORT I.S.I.will provide on going on-site installation,assistance,and training on.1717s'M7'e - 2000. In addition,I.S.I. will provide telephone'HELP'support from approximately 9:00 A.M. Pacific Time until 5:00 P.M. Pacific Time, Monday through Friday,normal holidays excluded. The CUSTOMER agrees to provide telephone line access and a modem capable ofallowing I.S.I.communications access to provide'REMOTE'support on a pre-arranged basis. I.S.I.will provide the software communications link. Clerical training is included in the annual subscription charges. On a mutually agreeable schedule I.S.I.will provide training seminars to the CUSTOMER. This training will be provided at no additional charge to the CUSTOMER. V. BILLING The CUSTOMER will be billed on a MONTHLY basis. CHARGES are adjusted ON A QUARTERLY BASIS, BASED ON THE NET ADDITIONS OR DELETIONS of INVENTORY ITEMS to the system. THREE (3) MONTHLY invoices will be mailed during the first week of EACH QUARTER. Invoices for each month are due and payable no later than the Wh day of the calendar month following the month for which the INVOICE applies. (See APPENDIX A for monthly charges. VI. PROPERTY All computer programs, written procedures and similar items provided by I.S.I., are the exclusive property of I.S.I., and shall always remain the property of I.S.I., unless there is an express written provision to the contrary. J71WEIINO - 2000provided to the CUSTOMER is the property of I.S.I.and is notfor sale. INDIVIDUAL MODULES PROVIDED AS A PART OF.1717;/1PW - 2000 CONTAIN LICENSING AND EXPIRATION ROUTINES THAT WILL MAKE THEM UNUSABLE,UNLESSTHE CUSTOMER CONTINUES THEIR SUBSCRIPTION ON AN ANNUAL BASIS TO THE SYSTEM. I.S.I. will NOT store NOR be responsible for the CUSTOMER'S source documents, data, magnetic tapes, diskettes or other media. All CUSTOMER data will be stored at the CUSTOMER'S LOCATION, and it is the responsibility of the CUSTOMER to properly back up,store and safeguard. All CUSTOMER furnished information and data resulting from the operation of I.S.I.'s programs on the CUSTOMER's information in connection with this agreement shall be the sole and exclusive property of the CUSTOMER. Such information is the proprietary property of the CUSTOMER and constitutes government records of the CUSTOMER. I.S.I.shall treat the CUSTOMER's information as confidential and shall safeguard itto the greatest extent practicable. Furthermore,I.S.I.agrees that during the term of this agreement it shall not make such information available in any form to any person,other than the CUSTOMER,without the prior written authorization of the CUSTOMER. Upon termination of this agreement,such information will not be made available by I.S.I.to any person otherthan a duly authorized representative of the CUSTOMER. V/l. LIABILITY In the event of any error,omission, or other problem whether human or mechanical, on the part of I.S.I., its employees,or,0171/1 W, - 2IM)0,I.S.I.agrees to correctthe software at no additional charge to the CUSTOMER. It is expressly understood and agreed that I.S.I. SHALL NOT be liable to any third persons for any damages which said third persons may incur, directly or indirectly, as a result of the errors or omissions of the CUSTOMER or the CUSTOMER's employees. I.S.I.SHALL NOT be liable for failure to perform if due to causes beyond its control,under this contract,if the failure arises from causes beyond the control of and without the fault or negligence of I.S.I. Such causes shall include,but not be limited,to acts of God,the public enemy,the Government, or contractual capacity,fires, flood,quarantine restrictions,strikes,freight embargoes,and unusually severe weather. 8QL PI"noRD Nn' AGREEMENT FOR.1717s/750 - 2001) s ,Vj ! �. 'P, Page 2 of 8 11TJ /N/ VIII. REPRESENTATIONS This agreement, APPENDIX A; .171WERl' - 200I/-- CHARGES FOR THE PERIOD OF OCTOBER 1, 2001 THROUGH SEPTEMBER 30,2002,-and APPENDIX S, .1NWERe - 21K)0--SITELICENSEAGREEMENT;shall constitute the entire agreement of the parties and shall supersede any prior agreements,either oral or written pertaining to the contemplated services. This agreement shall be governed by the laws of the State of Texas and applicable Federal law. The terms and conditions of this agreement may be changed by written mutual consent. The provisions of this agreement are severable; and if for any reason any one or more of the provisions contained herein are held to be invalid,illegal,or unenforceable in any respect,the individuality,illegality,or un-enforce ability shall notaffectany other provision of this agreement,and this agreement shall remain in effect and be construed as if the invalid, illegal, or unenforceable provisions had never been contained in the agreement. IX. ANNUAL PRICEADJUSTMENT I.S.I. reserves the right to modify or change.17MEW - 2IMA0 prices on an annual basis. CUSTOMERS will receive written notice of I.S.I.'s intentto modify or change the existing prices no later than three(3)months prior to the expiration date of the contract year. X. FUNDING Availability of Funds:The parties agree that this Agreement and all claims,suits,or obligations arising under or related to this Agreement are subject to and limited to the availability of funds appropriated by the Fort Worth City Council,for the purposes of this Agreement or for the respective claim,suit,or obligation,as applicable. The City agrees to place the above notices relating to availability of funds, the source of funds, and legal authority in all subcontracts. V. ASSIGNMENT I.S.I.and the City bind themselves and any successors and assigns to this agreement. Neither I.S.I.nor the City shall assign,sublet,or transfer its interest in this agreementwithout written consent of both,and any attempted transfer without such consent is void. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of I.S.I.,or the City, nor shall it be construed as giving any rights or benefits hereunder to anyone other than to I.S.I.and the City. Notwithstanding any provisions relating to assignment in the Uniform Commercial Code,no delegation by a party hereto of any duties or obligations nor assignment by a party hereto of any rights under or interests in the agreement will be binding on another party hereto without the written consent of the party sought to be bound;and,specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent(except to an extent that the effect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consentto an assignment,no assignment will release or discharge the assignor from any duty or responsibility under this agreement. I.S.I.and the City each binds itself,its partners,successors,assigns and representatives to the other party hereto, its partners,successors,assigns and representatives in respect to all covenants, agreements and obligations contained in the agreement. All WAIVEROFSOVEREIGNIMMUN/TY 1.S.1.and the City hereby agree that this Agreement does not waive the City's sovereign immunity relating to suit, liability and the payment of damages. The parties further agree that all claims,suits or obligations arising under or related to this Agreement are subjectto and limited to the availability of funds appropriated by the FortWorth City Council for that respective claim,suit,or obligation. XIII. SEVERABILITY Any provision of this agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon I.S.I.and the City. In such an event,it is herein agreed by I.S.I.and the City that the agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. In the absence of reformation,this agreement shall remain in effect and be construed as if the invalid,illegal or unenforceable provision had never been contained in the agreement. 8�'ti'r,F�EMAQDY AGREEMENT FOR.17175�/�/!1'® - 2000 Page Sof 8 F7. 4V 'ti�����j 9 pc, VIT VY /N/ XIV GOVERNING LA WAND VENUE I.S.I.and the City agree that the laws of the State of Texas shall govern the validity and construction of this agreement, except where preempted by federal law. Should any action,real or asserted,at law or in equity,arise out of the terms and conditions of this agreement,venue for said action shall be in Tarrant County,Texas. XV. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to I.S.I.constitute or be construed as a waiver by the City of any breach of covenant,or any default which may then exist,and the making of any such payment by the City while any such breach or default exists shall in noway impair or prejudice any right or remedy available to the City with respectto such breach or default. Any waiver by either party of any provision or condition of this agreement shall not be construed or decreed to be a waiver of any othe provision or condition of this agreement,nor a waiver of a subsequent breach of the same provision or condition,unless such waiver be expressed in writing by the party to be bound. XVI. TERMINATION The City may terminate this contract without cause by giving ninety(90)days written notice to Contractor,provided that such termination shall be without prejudice to any other remedy the City may have. In the event of termination, any work in progress will continue to completion unless specified otherwise in the notice of termination. I.S.I.may terminate this contract without cause by giving ninety(90)days written notice to the City,provided that such termination shall be without prejudice to any other remedy I.S.I. may have. In the event of termination,any work in progress will continue to completion unless specified otherwise in the notice of termination. The City may terminate this agreement for failure of I.S.I.to comply with the terms of this agreement. In the event the City decides to terminate I.S.I.'s contracted services,the City will provide I.S.I.with written notice ninety(90)days prior to the termination of the agreement. I.S.I.may terminate this agreement for failure of the City to comply with the terms of this agreement. In the event I.S.I. decides to terminate services contracted by the City,I.S.I.will provide the City with written notice ninety(90)days prior to the termination of the agreement. In the event either party defaults in the performance of any of its obligations under this contract,misrepresents to the other a material fact,or fails to notify the other party of any material fact which would affect the party's performance of its obligations hereunder, the non-defaulting party shall have a right to terminate this contract upon giving the defaulting party written notice describing the breach or omission in reasonable detail. The defaulting party shall have a ninety(90)day period commencing upon the date of notice of default in which to effect a cure. If the defaulting party fails to effect a cure within the aforesaid ninety(90)day period,or if the default cannot be cured,the contract shall terminate as of the date provided in the notice of default. XVII. FORCE MAJEURE I.S.I.shall not be deemed to be in default because of any failure to perform under this contract,if the failure arises from causes beyond the control and withoutthe fault or negligence of I.S.I. Such causes shall include acts of God,acts of the public enemy, acts of Government, in either its sovereign or contractual capacity, fires, flood, epidemics, quarantine restrictions,strikes,freight embargoes,and unusually severe weather. If the failure to perform is caused by the failure of a subcontractor of I.S.I.'s to perform,and if such failure was beyond the control of both I.S.I. and the subcontractor,without their fault or negligence, I.S.I. shall not be deemed to be in default unless the subcontracted supplies or services were reasonably obtainable from other sources. Alternatively, if at any time during the term of this contract the work of I.S.I.fails to meet the specifications of the contract documents,the City may notify I.S.I.of the deficiency in writing. Failure of I.S.I.to correct such deficiency and complete the work required under this contract to the satisfaction of the City within ten days after written notification shall result in termination of this contract. I.S.I.shall pay all costs and attorneys fees incurred by the City in the enforcement of any provision of this contract. The remedies provided for herein are in addition to any other remedies available to the City elsewhere in this contract. XVIII. AUTHORIZATION The undersigned officer and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto,and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. vFF1 -1A PICORD UriC6,vU:L'�UWl1$� AGREEMENTFOR.17INVIN'' - 1000 •- ,A� Page 4018 l�G, '!7h�;r T INIT XIX TERM ofAGREEMENT This agreement is in effect when all parties have signed and is valid for THE PERIOD OF OCTOBER 1, 2001 THROUGH SEPTEMBER 30,2002.This agreement is renewable for two additional years subject to paragraphs IX and XVI of this agreement.. The terms and conditions of this agreement may be changed by written mutual agreement at any time. BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, APPENDIX A: 511WEIRW'a - 2000, CHARGES, APPENDIX B. .717EIRSO - 2001/SITE LICENSE AGREEMENT, and APPENDIX C. ADDITIONA L A GREEMENTS,UNDERSTAND THEM,ANDA GREE TO BEBOUND BY THE TERMSAND CONDITIONS OF THESE AGREEMENTS. IN WITNESS WHEREOF,the parties hereto have executed this agreement in triplicate originals in Tarrant County, Texas. ACCEPTED BY: ACCEPTED BY: INPUT SYSTEMS,INCORPORATED CITY OF FORT WORTH, TEXAS BY: I BY: '4 — A;�� /�j H e ck,President Libbq Watsoki,Assiifratiftity Manag Date: Date: APPROVED AS TO FORM WITNESS: M NAME: TITLE: A EST: CORPORATE SEAL: I G ria Fearso r ity Secretary p 9 q 31 _. Contract Authorization Date ORD AGREEMENT FOR MINE1150 2I/III/ Page 5 0!8 /NIT IN/TA' APPENDIX A:.17175NUO - 2000 CHARGES CITY OF FORT WORTH, TEXAS ,V117s'EPWO - :1000 FISCAL YEAR CHARGES FOR OCTOBER 1,2001-SEPTEMBER 30,2002 The ANNUAL CHARGES for 3717s'/sRVO - 20/N/are based on the number of INVENTORY ITEMS MAINTAINED in the system. The charge for each INVENTORY ITEM MAINTAINED in the system is $2.22 PER YEAR. The charge for EACH FIELD INSPECTOR using the`AUTOMATED FIELD INSPECTION SYSTEM is charged at$300.00 PER INVENTORY ITEM PER YEAR. The APPROXIMATE ANNUAL charges for.1717ETIA./O - 20/MI are based on the following counts from current operations. .171W/1.1'® - 2000ANNUAL CHARGES FOR CITY OF FORT WORTH,TEXAS 4,848 INVENTORY ITEMS @ $2.22 ea./yr. = . . . . . . . . . . . . . . . . . . . . . $10,762.56 MONTHLY CHARGE = $.185 ea./mo 15 FIELD INSPECTORS ENROLLED IN THE `AUTOMATED FIELD INSPECTION SYSTEM' @$300.00 ea/yr. .. . . $4,500.00 MONTHLY CHARGE = $ 25.00 ea./mo. ANNUAL COST: .. . . . . ...... . . $15,262.56 MONTHLY COST .. . . . . ...... . . . $1,271.88 THE ABOVE CHARGES ARE APPROXIMATIONS BASED ON THE COUNTS SHOWN. ACTUAL CHARGES ARE BASED ON THEACTUAL COUNTS PROVIDED BY THE CUSTOMER FOR THE CURRENT BILLING PERIOD. me CNN APPENDIX A: XIII 'ERIV - 2000 CHARGES AGREEMENT FOR a17ME/!1'r' - 2000 -��,,� Page 6of 8 /NIT I' /N/T AW �' INCORPORATED 16308 Orange Avenue, Paramount, Ca. 90723-4882 562-634-1170 Fax 562-634-0993 800-327-9337 AI - 21MMP SITE LICENSE AGREEMENT--APPENDIX'B' IMPORTANT. READ THIS LICENSE AGREEMENT CAREFULLY GRANT OF L/CENSE INPUT SYSTEMS, INCORPORATED,grants to the CUSTOMER-A NON-TRANSFERABLE,NON-EXCLUSIVE LICENSE -to use the software system,programs and documentation referred to herein as SUMPSO - 2000 This is a LICENSE AGREEMENT and NOT an agreement for sale. INPUT SYSTEMS,INCORPORATED,owns 5717/,IS - 26W which is copyrighted,and has proprietary rights in the product. You are purchasing a REVOCABLE LICENSE to use the SYSTEM. You obtain no rights other than the license granted by this Agreement. Title to 311IN PS0 - 2000 and any copy made of it,is retained by INPUT SYSTEMS,INCORPORATED. The CUSTOMER does not receive any, and INPUT SYSTEMS,INCORPORATED,retains all ownership rights in AlIV Y1Se . 2000. This agreement and any of the licenses,programs,or materials to which it applies may not be assigned,sub- licensed or otherwise transferred by the CUSTOMER without written consent from INPUT SYSTEMS, INCORPORATED. LIMITED WARRANTYAND LIABILITY INPUT SYSTEMS,INCORPORATED,WARRANTS THAT S7IEVY'ke - 1000 will perform in compliance with the documentation and instructions,when used on computer hardware approved by INPUT SYSTEMS, INCORPORATED. INPUT SYSTEMS,INCORPORATED,does NOT warrant that S7P/s'17te - 1000will operate error free or uninterrupted,or that all non-conformities can or will be corrected. INPUT SYSTEMS,INCORPORATED,does NOT warrant statements,or claims by other parties. Should the software fail to operate as warranted,INPUT SYSTEMS, INCORPORATED, shall promptly,upon notice,replace or correct the defective software. This shall be INPUT SYSTEMS,INCORPORATED,only liability with respect to the software product or license. IN NO EVENT SHALL INPUT SYSTEMS,INCORPORATED BE LIABLE FOR ANY DAMAGES,CLAIM OR LOSS INCURRED BY USER (INCLUDING WITHOUT LIMITATION COMPENSATORY,INCIDENTAL, INDIRECT,SPECIAL,CONSEQUENTIAL,OR EXEMPLARY DAMAGES,LOST REVENUES,OR EXPENDITURES RESULTING FROM LOST DATA OR THE CUSTOMER'S INABILITY TO USE THE DATA OR THE PRODUCT. The CUSTOMER assumes all responsibility for the use of the product to achieve the intended results,and for the results obtained from the Product. S117s'E/S1'' - 2000 SOFTWARE IS PROVIDED SUBJECT TO THE WARRANTY AND REMEDY JUST EXPRESSED AND IS IN LIEU OF ALL OTHER WARRANTIES OF ANY KIND,EITHER EXPRESSED OR IMPLIED,BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE BOTH OF WHICH ARE SPECIFICALLY EXCLUDED. APPENDIX 'B' 57173EPSO - 1000-SITE LICENSE AGREEMENT ��j� _ ie� Page 7of 8 /NIT ►= 1N/TA ENVIRONMENTAL HEALTH DATA MANAGEMENT SOLUTIONS APPENDIXB: S/TEL/CENSE SITELICENSEAGREEMENT NUMBER OF MA CHINES THAT,01TzER10 - ?IMM/MAYBE INSTALLED ON.• .1HWERe - 2000 licensed under this Agreement authorizes the CUSTOMER to use.171WETWO - 10MM/ON AS MANY SINGLE-USER P.C.COMPUTER SYSTEMS,or AS MANY MULTI-USER(NETWORKED)COMPUTER SYSTEMS, OR ANY COMBINATION THEREOF, AS DESIRED,provided they adhere to the pricing provisions of 'AGREEMENT FOR SERVICE.1717sE/150 - 2000. PERMISSION TO COPY LICENSED PROGRAMS. No right to print or copy,in whole or in part, .1717x7110 - 1000 Licensed Program(s),DOCUMENTATION, PROCEDURES,or any related materials,is granted except as herein expressly provided. The programs and their related documentation are copyrighted. Any Licensed Programs which are provided by INPUT SYSTEMS,INCORPORATED in machine readable form may be copied for back-up or archive purposes only. The CUSTOMER agrees to maintain appropriate records of the number and location of all such copies of.171WE11110 - 2000 The original,and any copies of JIME7150 - 1000/Licensed Programs,in whole or in part,which are made by the CUSTOMER shall be the property of INPUT SYSTEMS,INCORPORATED:except for the media on which the Licensed Programs are recorded. The CUSTOMER agrees to reproduce and include the copyrighted notice of INPUT SYSTEMS, INCORPORATED on all copies,in whole or in part,in any form,including partial copies of Licensed Programs made hereunder. You may not copy,reverse engineer(decompile),translate,port,merge,modify,or make derivative works of .1718E1410 - 1000. You may not rent,disclose,publish,sell,assign,lease,sub-license,market,or transfer .171IL71/1.10 - 1000 or use it in any manner not expressly authorized by this agreement. You shall not alter or remove any copyright notice or proprietary legend contained in or on.1717 lie - 1000. PROTECTIONAND SECURITY The CUSTOMER agrees NOT to provide or otherwise make available any portion of.17M7i/te - 1000including but not limited to object code in any form,to any person other than CUSTOMER,or INPUT SYSTEMS,INCORPORATED employees,without prior written consent from INPUT SYSTEMS, INCORPORATED,except for purposes specifically related to the CUSTOMER's use of the Licensed Program. TERM OFAGREEMENT The TERM OF THIS AGREEMENT is referenced in and stipulated by'THEAGREEMENT FOR.171VE/1.10 - 1000, which is apart of this SITE LICENSEAGREEMENT' MISCELLANEOUS This SITE LICENSE AGREEMENT shall be governed by the laws of the State of Texas and applicable Federal law. And shall inure to the benefit of INPUT SYSTEMS,INCORPORATED,its successors,administrators,heirs and assignees. Any litigation arising from the use of the programs must be filed in Los Angeles,California. If any provision of this agreement is declared invalid or unenforceable,the remaining provisions of this agreement shall remain in full force and effect. Any notice under this agreement shall be delivered by U.S.Certified Mail, return receipt requested to the following address: INPUT SYSTEMS,INCORPORATED 16308 Orange Ave. Paramount,CA 90723 BY SIGNING S AGEMENT, YOU ACKNOWLEDGE THAT YOU HA VE READ THIS AGREEMENT, UNDERSTAND IT ANDAG E TO B B UND BYITS TERMS AND CONDITIONS. S/� U CITY OF FORT WORTH,TEXAS Date APPENDIX 'B' .171WEM' - 1001A SITE LICENSE AGREEMENT Page 8 of 8 /NIT, _ /NI City of Fort Worth, Texas "attar and Council communication DATE REFERENCE NUMBERLOG NAME PAGE 7/31, **P-9436 0001-0241 1 of 2 SUBJECT LEASE AGREEMENT FOR MAINTENANCE AND SUPPORT FOR SWEEPS SOFTWARE WITH INPUT SYSTEMS, INC. FOR THE PUBLIC HEALTH DEPARTMENT RECOMMENDATION: It is recommended that the City Council: 1. Authorize a lease agreement for maintenance and support for Statewide Environmental Evaluation and Planning System (SWEEPS) software with Input Systems, Inc. with the Public Health Department based on the documented sole source with payment due 30 days from the date of the invoice, on the prices as follows: Estimated Item Quantity Amount Total Maintenance on each inventory item for each 4,848 $ 2.22 each $10,762.56 restaurant, pool, daycare, and motel Automated Field Inspection for each inspector 15 $300.00 each 4,500.00 Estimated Annual Total: $15,262.56 2. Authorize this agreement to begin October 1, 2001, and expire September 30, 2002, with options to renew for two additional one-year periods. DISCUSSION: The Public Health Department will use the maintenance and support software to upgrade and maintain the existing SWEEPS software that was purchased in October 1995. The software has been vital in managing and automating operational support of the Consumer Health Office and field activities that include maintaining customer demographic information, preparing annual permit invoices and permits, recording and tracking complaints, facility violations and field activities, scheduling regular inspections and complaint investigations, automating entry of field activities and facility violations, preparing detailed management reports, and assisting in preparing annual employee evaluations. The software has been used continuously with great success by the City since its installation. Since 1995, the cities of Arlington, North Richland Hills, Tyler-Smith County, Galveston and most recently Longview and Plano have implemented the SWEEPS software with great success. Due to the proprietary nature of the SWEEPS software, the maintenance and support services are only available through the original manufacturer of the software, Input Systems, Inc. No guarantee was made that a specific amount of goods and services will be purchased. During the previous year, approximately $14,965.00 was expended. Because of the recent addition of "automated field inspection" and the growing inventory of restaurant, pool, daycare and motel facilities being serviced, the estimated expenditure is now $15,262.00. The Public Health Department has included sufficient resources in their current operating budgets to acquire these services when required. City of Fort Worth, Texas 4vagor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/31/01 **P-9436 0001-0241 2 of 2 SUBJECT LEASE AGREEMENT FOR MAINTENANCE AND SUPPORT FOR SWEEPS SOFTWARE WITH INPUT SYSTEMS, INC. FOR THE PUBLIC HEALTH DEPARTMENT M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of services is from a documented sole source vendor. RENEWAL OPTIONS - This agreement may be renewed for up to two successive one-year terms at the City's option. This action does not require specific City Council approval, provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. CB:n BQN/01-0241/JRC Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 CITY COUNCIL Originating Department Head: JUL 31 2001 Jim Keyes, . 8517 (from) GG01 539120 0503002 $15,262.00 Aw.Additional Information Contact: 4'J`� city Secretary of the RobertCombs 8357 city of Fort Wortk Texas