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HomeMy WebLinkAbout5556 RESOLUTION NO 5,556 A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL COMPACT WITH PULASKI COUNTY, ARKANSAS TO PRO- VIDE A PROSECUTOR' S MANAGEMENT INFORMATION SYSTEM THROUGH USE OF THE CITY' S COMPUTER SYSTEM; AUTHORIZING THE PURCHASE OF CERTAIN COMPUTER EQUIPMENT; WAIVING COMPETITIVE BIDDING; AND FOR OTHER PURPOSES BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS . SECTION 1 . The Mayor and City Clerk, acting for and on behalf of the City of Little Rock are hereby authorized to execute an Intergovernmental Compact with Pulaski County, Arkansas for implementation of a Prosecutor' s Management Infor- mation System, which Compact is in form and substance as the attached Exhibit "A" . The City' s computer system would be used in this project to provide a ready means of data collection and organization and thus greatly assist in promoting the orderly prosecution of cases through the judicial process , for which the City would be paid a fee of $72 ,222 . 00 , which fee will be paid by LEAA funds . Of that said fee of $72 ,222 . 00 , the sum of $49 ,537 . 00 is to be used for the purchase of certain hardware and operating software, all as itemized on the attached Exhi- bit "B" . Said equipment is hereby authorized to be purchased from Varian Data, Inc. , who is the only source of supply of said equipment, therefore, competitive bidding is hereby waived. SECTION 2 . Application for the LEAA funds set out in Section 1 hereof have been made by the Sixth Judicial District, under the direction of Prosecuting Attorney, Lee Munson. The actions authorized and approved in this Resolution are contingent upon approval by LEAA of the grant required to fund said project. SECTION 3. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: July 6, 1976 ATTEST: Q/12Qi APPROVED: AL ity Clerk May 0 , : EXHIBIT "A" INTERGOVERNMENTAL COMPACT THE STATE OF ARKANSAS CITY OF LIFILE ROCK WHEREAS, Pulaski County, a county corporation situated in Pulaski County, Arkansas, hereinafter termed "County", desires to obtain profes- sional services for the modification, implementation, and operation of the "Prosecutor's Management Information System" called "PROMIS" as developed by the Institute for Law and Social Research, hereinafter termed "Institute" for use by the Prosecuting Attorney of the Sixth Judicial District, herein- after termed "Prosecutor" and desires to enter into a compact with The City of Little Rock, a municipal corporation situated in Pulaski County, Arkansas, hereinafter termed "City". NOW THEREFORE, THE PROSECUTOR AND CITY HEREBY CONTRACT AND AGREE AS FOLLOWS, to wit: I. PROFESSIONAL SERVICES INCLUDED The Prosecutor agrees that the services to be provided by the City will be to modify and install PROMIS as an integral component of the Law Enforcement System operated for the Little Rock Police Depart- ment. The guidelines for this implementation are as follow: A. The basis for the implementation will be the six volunes entitled PROMIS, released by the Institute under contract from LEAA. The most current dated publication preceding the execution date of this contract shall pertain for purposes of this Section. B. The implementation will provide for online access and updating of the data files in accordance with terminal procedures utilized on the current City Law Enforcement System. C. The City will obtain an ANSI COBOL compiler to operate on the City's Varian computers, D. All applicable PROMIS print programs will be utilized as received from the Institute except that, where required changes to this software are substantial, the prerogative will be retained to either modify the existing COBOL program or to rewrite the --2- the application utilizing the programming techniques of the City. E. A program will be written to extract data from the online data base and output a file in the general format of the PROMIS master file. This file will be compatible with requirements of existing PROMIS batch programs and shall be in a form accessible by future programs written in ANSI COBOL. F. Insofar as is practical, the online formats for PROMIS as provided ""' by the Institute will be utilized. Where changes are required to match the capabilities of the City online software, reasonable effort shall be made and the Prosecutor consulted to assure format designs meet the needs of the Prosecutor. G. Software generated will be documented according to standard City of Little Rock practices. II. SCHEDULE The following sets forth the major milestones of the development and implementation schedule. The City agrees to make reasonable effort to meet these milestones. However, the milestones are herein stated as estimates only. 7/1/76 - Compact Start Date - Assumes agreement by LEAA to grant modification. 8/2/76 - Consultant, being retained by Prosecutor for systems, procedures, and training, to be available for coordination. 11/1/76 - Basic online software to be available for testing and training. 1/1/77 - Basic System Operational. 6/30/77 - Complete system to be operational. III. PAYMENT FOR SERVICES The County agrees to pay and the City agrees to accept for its said professional services a sum of seventy-two thousand, two hundred, twenty-two and no/100 dollars ($72,222.00) . Progress payments shall be made as follows: -3- 7/31/76 $ 5,000 8/31/76 10,000 9/30/76 10,000 10/31/76 10,000 11/30/76 10,000 12/31/76 1.0,000 3/31/77 10,000 6/30/77 7,222 IV. CONTINUED OPERATION The City shall operate the computer system developed under this compact through June 30, 1978 at no charge to the County. It is herein agreed that enhancements or modifications to the system as operational on June 30, 1977, will be negotiated separately from this compact and thus are not covered in this agreement to operate. Prior to June 30, 1978, an operating charge for the final six months of calendar 1978 will be negotiated, giving ...• consideration to operating history, to cover the projected incre- mental cost to the City of operating the PROMIS System plus a reasonable overhead percentage. This charge will be billed quarterly in advance and will be subject to renegotiation prior to each subsequent calendar year. The City shall maintain cost records to facilitate this negotiation. V. ITEMLS TO BE SUPPLIED BY PROSECUTOR In order to facilitate the performance of this compact, the Prosecutor shall provide the following: A. Equipment 1. Video Computer Terminal capable of operation without modification to the existing City telecommunication software. 2. Printers as required capable of use with the above terminals. 3. Telephone lines and modems for terminals located externally to the Pulaski County Courthouse. • -4- B. Support - The Prosecutor shall retain the service of an external consultant, familiar with PROWS, to aid in the implementation. Both the consultant and Prosecutor's staff assistance shall be made available to the City to meet milestones on the schedule in Paragraph II of this compact. C. Maintenance - The Prosecutor shall be responsible for providing maintenance on that equipment in Subparagraph A of this Section. D. Special Forms - The Prosecutor shall be responsible for providing all special forms required to operate the system. For the purpose of this paragraph a "special form" shall be defined as any form or paper not normally used by the City for its computer operations, VI, CONTROL OF DATA Control of all data unique to the PROMIS System shall rest with the Prosecuting Attorney. Online applications shall be designed to provide access to this data as directed and all batch reports on such data will be generated only at his request. Additionally, the Prosecutor shall be solely responsible for the accuracy of this data. VII. AVAILABILITY OF SOFTWARE FOR FUTURE TRANSFERS All software developed or modified will be made available for transfer under LEAA guidelines. The City will not, however, make the data base software directly available to other than governmental agencies or their representatives. Additionally, any cost involved in the transfer must be born by the receiving agency. Note ° VORTEX II, VTAM, and Varian COBOL are proprietary products of Varian Data Machines and would have to be obtained from the vendor. VIII. USE OF SUBCONTRACTORS Prior approval from the Prosecutor will be required before a sub- contractor can be used by the City to perform any portion of the tasks presented in the compact. IX. BEGINNING THE WORK The City agrees to commence performance of its services under this Compact upon notification from the Prosecutor and to perform the services set out in Paragraph I within eighteen months from date of commencement of performance. X. TERMINATION OF CONTRACT WITHOUT CAUSE The Prosecutor may terminate this Compact with the City by giving a 30 day notice to the City. Upon termination, unless the notice directs otherwise, the City shall immediately discontinue all services in connection with the performance of the Compact and shall proceed to cancel promptly any and all existing orders and contracts insofar as such orders and contracts attach to deliverables under this Compact. As soon as practical after receipt of the termination notice, the City shall submit a statement showing in detail the services performed in work tasks agreed upon beforehand under this agreement through the date of termination and which have not previously been paid by the Prosecutor, and the Prosecutor shall then promptly pay to the City the fees which shall be due based upon the work actually performed and the costs incurred. IX. EXAMINATION OF RECORDS A. The City agrees that the Prosecutor and L.E.A.A. auditor or any of their duly authorized representatives shall, until the expiration or six (6) years after final payment under this Compact, have access to and the right to examine any directly pertinent books, documents, papers, and records of the City involving transactions related to this compact unless the Prosecutor and L.E.A.A. authorizes their prior disposition. B. Nothing in the Compact shall be deemed to preclude an audit by the United States General Accounting Office of any transaction under this Compact. -6- XII. DRAWINGS, DESIGNS AND SPECIFICATIONS All drawings, sketches, design data, specifications, notebooks, technical and scientific data, and all photographs, negatives, reports, findings, recommendations, data, memoranda, and programs provided by the Institute as modified, pertaining to deliverables hereunder, shall be subject to inspection by the Prosecutor or his duly authorized representatives at all reasonable times, shall be the property of the Prosecutor and may be used by the Prosecutor for any purpose whatsoever without any claim on the part of the City or vendors for additional compensation. Nothing herein shall preclude the City from retaining copies of above referred documen- tations. XIII. DISCRIMINATION PROHIBITED The City agrees that no person shall, on the grounds of race, creed, color or national origin, be excluded from participation in, be refused the benefits of work efforts or deliverables pursuant to this agreement, or be otherwise subjected to discrimination. The City recognizes funds involved are, in part, to be furnished by the Federal Law Enforcement Assistance Administration, necessitating strict compliance with Title VI of the Civil Rights Act of 1964 and regulations issued by the Department of Justice thereunder. Nothing hereunder shall be interpreted to require the imposition of any percentage ratio, quota system, or other program to achieve racial balance or eliminate racial imbalance in a law enforcement agency. Assurance of Compliance with Civil Rights Act of 1964. The County hereby assures that it will comply with and will insure compliance by its subgrantees and contractors with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to regulations of the Department of Justice (28. c.f.r. Part 42) issued pursuant to that title, to the end that no person shall, on the grounds of race, color, or national origin, be excluded from parti- cipation in, be denied the benefits of, or be otherwise subjected • -I- to discrimination under program or activity for which the applicant receives Federal financial assistance from the Department of Justice. The County further will comply with and insure compliance by its subgrantees and contractors with Justice Department equal employment regulations in Federally assisted programs (28 c.f.r. Part 42, sub- part D) to the end that employment discrimination in such programs on the grounds of race, color, creed or national origin shall be eliminated. The County recognizes the right of the United States to seek judicial enforcement of the foregoing covenants against dis- crimination and does hereby include a convenant assuring the right of the United States to seek judicial enforcement in its subgrants or contracts. XIV. TERMINATION OF CONTRACT FOR CAUSE If, through any cause, the City shall fail to fulfill, in timely and proper manner, its obligations under this Compact, or if the City shall violate any of the convenants, agreements, or stipulations of the Compact, the Prosecutor shall notify the City of such failure or violation, shall require that same be cured within ten (10) days from date of receipt of such notice. Should the City fail to cure such failure or violation within the period stated, the Prosecutor shall thereupon have the right to terminate this Compact by giving written notice to the City of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In the event of such termination, all finished or unfinished documents, data, studies, surveys, and reports prepared by the City under this Compact shall become the property of the Prosecutor, and the City shall be entitled to receive just and equitable compensation for all costs incurred through the date of termination. XV. CHANGES The Prosecutor from time to time, may request changes in the Scope -8- of Services of the City to be performed hereunder. Such changes, including any increase or decrease in the amount of the City compen- sation, which are mutually agreed upon by and between the Prosecutor and the City shall be incorporated in written amendments to the Compact. XVI. ASSIGNABILITY The City or the County shall not assign any interest in the Compact, and shall not transfer any interest in the same (whether by assign- ment or novation) , without the prior written consent of the other party. XVII. OFFICIAL NOT TO BENEFIT No members of or delegated to the Congress of the United States of America and no local or other public official, shall be admitted to receive for personal benefit any share or or part hereof. XVIII. RESPONSIBLE PROJECT OFFICIALS The responsible project official for the County in the performance of this Compact shall be the Prosecutor who is hereby designated the Project Director. The responsible project official for the City in the performance of this Compact shall be the Director or the Office of Management Support under the overall direction of the City Manager. Should information be disseminated to, or inquiries and/or questions be presented by, other City officials or any other interested party (such as the press, vendors, other govern- ment agencies, etc.) about the project, the Prosecuting Attorney is to be the source by which such information, inquiries, questions, etc. shall be channeled, except as otherwise authorized by the Project Director. -9- Executed in duplicate original this day of , 1976. MI EST CITY OF LITTLE ROCK City Clerk City Manager PULASKI COUNTY, ARKANSAS County Judge —4 Prosecuting Attorney • EXHIBIT "B" ATTACHMENT B COMPUTER SYSTEM UPGRADE Item Model Description Q� Unit $ Total $ 1 70-9509 COBOL Software 1 $5000 $5000 2 73-3075 Extended Instruction Set 2 1500 3000 3 70-4003 1024 Word WCS 1 4000 4000 4 76-2506 64K Memory with Parity 4 9900 39600 5 76-3200 Data Save 2 500 1000 cur 6 76-3301 MEGAMAP 2 1900 3800 7 70-4080 CPU Power Supply 2 1600 3200 8 70-5302 RS232 Line Adapter 2 750 1500 9 Installation 3000 $64100 10 Less Trade-in on Memories 16200 $47900 Tax 1437 Shipping 200 $49,537 Notes: A) Items 2, 3, 4, 5, 6, and 7 are required to support item 1. B) Item 4 adds parity to all memory to improve error detection and reliability. C) Item 8 provides the additional communications lines required by the Prosecutor. D) Items 4 and 10. Each system currently has 48K words of memory with- out parity. After this upgrade each system will have 128K words with parity. Item 10 is the allowance for return of the existing memory. -0 (-- O O P W a -. � -Q ✓ 0 Z ✓ ,J i .0 o i .i " .� R r • ID -0 U -d w 0 `j; N r � o � z d a z a 4.O ✓1 P D O N C v' A' N h U L gl 0 -1 0 M L W h7. y r N N p a L s f L Z 4 Q L 3 v� �� " ^� Z a k Er b 0 (� V ; t \-/ R� cF a _. ..r.._4 c 1 — ' rn _ 1 w 1 r- I — f 'o C M I — — aM ' .1 as Na■ 0 • 0 c N4 N IN N 1 0 I 1 W 03 N. 1 Vie, A N I d