City Council

Agenda Request

Agenda Of:

april 1, 2008

Agenda Request No:

IV B

Initiated By:

Douglas Brinkley

Assistant chief of police

Responsible Department:

police department

Presented By:

douglas brinkley

assistant chief of police

Department Head:

steve griffith

chief of police

 

 

Additional Department. Head (s):

 

Subject / Proceeding:

purchase of emergency notification system – the nti group , inc.

Exhibits:

contract

Clearances

Approval

Legal:

eugenia cano

asst. City attorney

Executive Director:

steve griffith   

chief of police

Purchasing:

Charles Eads,

Interim Purchasing Manager

Asst. City Manager:

n/a

Budget:

bryan guinn,

budget manager

City Manager:

Allen Bogard

Budget

Expenditure Required:  $

$57,695

Current Budget:  $

$60,000

Additional Funding:  $

$0.00

Recommended Action

Request City Council approval to enter into a contract with The NTI Group, Inc. to provide emergency notification services to the City for $57,695 per year, which is automatically renewable for successive one-year terms. 

Executive Summary

The City’s ability to notify its employees and citizens in a timely manner during a major incident like a hurricane, tornado, or flooding is of critical importance in providing accurate incident information.  The acquisition of the fully hosted emergency notification system (Connect CTY) by The NTI Group will enable City staff to make emergency notifications to employees, business owners, and its residents alerting them of emergency situations and providing them with the related instructions and information.  In addition to using the system in emergency situations, it can also be used for Community Outreach, Staff Communication, and as a Survey Instrument.   

 

The Connect CTY system allows authorized staff members to send personalized voice or text messages via land line, cell phone, email, and SMS/Text messaging to thousands of people in minutes.  Connect CTY currently delivers over 25 million time sensitive calls per months on behalf of their clients.  The system has also been used in the following incidents by other municipalities:

 

 

  • Missing child/lost adult

 
  • Detours / road closures
  • Storm warnings

 
  • Evacuation plans
  • Chemical spill

 
  • Hydrant flushing
  • Escaped convict

 
  • Health warnings
  • Water contamination

 
  • Temporary water cut off

 

 

 

Connect CTY obtains contact information from white/yellow page sources, 411 data, 911 data, and contact information received directly from employees, citizens, and business owners.  Data sources are regularly updated and geo-coded.  Connect CTY provides 27/7/365 customer support. 

 

The cost for providing unlimited calling, which includes both City staff and to the residents of Sugar Land is as

 follows:

 

Service Fee

1 year term

Estimated Number of residence & business addresses:

23,078 addresses

Message Fee per Address

(Not to exceed)

$2.50

Total Annual Cost of Service:

23,078 x $2.50=

$57,695

 

 

The police department requests approval to enter into a contract with The NTI Group, Inc. to provide emergency notification services to the City in the amount of $57,695 per year with no increase for up to five years.  The contract is automatically renewable each year unless either party terminates the agreement in writing within 30 days of the existing contract expiration date. 

Exhibits

 

 

                                                         CITY OF SUGAR LAND

                                               GENERAL SERVICES CONTRACT

                                                                    Revised 10/16/06

 

This Contract (Contract) is made between the City of Sugar Land, Texas (City), and Contractor.  The City and Contractor agree to the terms and conditions of this Contract, which consists of the following parts: 

 

I.   Summary of Contract Terms           

II.  Signatures

III. Standard Contractual Provisions

IV. Special Terms and Conditions

V.  Contract Attachments

 

I. Summary of Contract Terms.      

 

Contractor:                                      The NTI Group, Inc.           

Description of Services:                   Provide and Maintain a Fully-Hosted ASP Emergency Alert Notification System

Maximum Contract Amount:              $57,695

Effective Date:                                 April 1, 2008

Termination Date:                             March 31, 2009 

Renewal: On the specified termination date, this Contract automatically renews for a maximum of four successive one-year terms at the locked-in base price of $57,695 unless one of the parties gives written notice of termination of the Contract to the other party at least 30 days prior to the specified termination date. Thereafter, the City may renew this Contract annually by giving notice to the Contractor prior to the expiration of the specified one-year period, and the maximum Contract amount will increase by no more than 5% annually.

 

II.  Signatures.  By signing below, the parties agree to the terms of this Contract:    

 

CITY OF SUGAR LAND*                                              CONTRACTOR:

 

 

________________________________                      __________________________________

Signed by:   Date: __________________                    Title:______________________________

____City Manager 

____Assistant City Manager                          Date:  _____________________________ 

____Director 

____ Program Manager

 

*Contract Signature Authority:           Program Manager -$2,999 or less

                                                      Director - $3,000 to $15,000

                                                      Executive Director/City Manager/Assistant City Managers - $15,000 to $25,000         

Attest:  City Secretary

 

 

_________________________________

 

Reviewed for Legal Compliance:

 

III.  Standard Contractual Provisions.

 

A.  Definitions.   

 

Contract means this Standard Services Contract.   

 

Services means the services for which the City solicited bids or received proposals as described in this Contract.

 

B.  Services and Payment.  Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract.  Contractor will bill the City for the Services provided at intervals of at least 30 days, except for the final billing. The City shall pay Contractor for the Services in accordance with the terms of this Contract, but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code.

      

            C.  Termination Provisions. 

 

            (1) City Termination for Convenience.   Under this paragraph, the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor.  If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination.  

 

            (2) Termination for Default.  Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms.  The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default.  If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination.  Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party.      

 

(3) Multi-Year Contracts and Funding.  If this Contract extends beyond the City’s fiscal year in which it becomes effective or provides for the City to make any payment during any of the City’s fiscal years following the City’s fiscal year in which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City’s sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City’s successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract.

 

D.  Liability and Indemnity.  Any provision of any attached contract document that limits the Contractor’s liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, loss, or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract.  Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party's negligent acts or omissions in the performance of this Contract in accordance with applicable law. This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third-party defendant as allowed by law.

 

E.  Assignment.  The Contractor shall not assign this Contract without the prior written consent of the City.

 

F.      Law Governing and Venue.  This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Fort Bend County, Texas. 

 

G.  Entire Contract.  This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral.  This Contract may be amended only by written instrument signed by both parties.

 

            H. Independent Contractor.  Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the City.  The City has no right to supervise, direct, or control the Contractor or Contractor’s officers or employees in the means, methods, or details of the work to be performed by Contractor under this Contract.  The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor’s officers and employees.

 

I.  Dispute Resolution Procedures.  The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract.  If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator’s fees.  

 

J.       Attorney’s Fees.  Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit.   

 

K.      Severability.  If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties.

 

              L.  Confidentiality.  The City agrees to abide by any provision of this Contract that requires that the City not divulge a trade secret or commercial or financial information that comes into the City’s possession as a result of this Contract, subject to the provisions of any Federal and State law or any judicial or administrative order that requires the disclosure of the information. 

 

            IV.  Special Terms or Conditions. None.

 

            V.  Additional Contract Documents.  The following specified documents attached to this Contract are part of this Contract, except as follows:  any provision contained in any of the Contractor’s Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor’s Additional Contract Documents, does not apply to this Contract. 

 

            A.  Contractor’s Additional Contract Documents:

 

                  1.  The NTI Group, Inc. Proposal Dated January 10, 2008 (55 pages)

 

            B.  City’s Additional Contract Documents:

 

                  1.  City of Sugar Land Request for Proposals No. 2008-08 (21 pages)

 

                  2.  Insurance for Designated Professional Service Contracts [Form PU-111F-2 (3 pages)]

 

 

 

 

END OF DOCUMENT