RES 1996-0832 - Contract with GDE Systems Inc for system maintenance ,
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c`� x.. Honorable President , , rn n_' ' '
o t_y�_b and Members of the City Council, , • • • t' i;f
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°''F°FEBR°` 7-7� The attached Resolution approves a contract between the City`of Omahas and
GDE Systems Inc,a California corporation with a local place of business at Suite
City of Omaha 208, 1620 Wilshire Drive, Bellevue,Nebraska 68005 to implement the Omaha
Hal Daub,Mayor Police Department's Wide Area Network Improvement Project and to d ielop a
Omaha Police Department strategic plan for technological improvement and assist the City with hardware,
505 South 15th Street software,and connectivity specifications for implementation. These services will
Omaha,Nebraska 68102-2769
(402)444-5600 be performed commencing upon passage of this Resolution, and will be
fames N.Skinner completed by July 31, 1996.
Chief of Police
(402)444-5666 A Selection Committee,made up of representatives of the City of Omaha Police
FAX:444-4225 Department,Management Information Systems and Midwest Network Solutions
Corporation (the City consultant) reviewed proposals submitted by two
independent firms. After initial evaluations, questions were submitted and,upon
consideration of the responses,the Selection Committee voted to recommend that
the City accept the GDE Systems Inc proposal.
Funds for these services will be expended from the 1996 Multi-Jurisdictional
CCP Grant Fund 165, Agency 300, Organization 8005, Object Code 2489.
GDE Systems Inc has on file an Annual Contract Compliance Report Form
(CC-1). The Human Relations Director will review the contract to assure
compliance with the Contract Compliance Ordinance.
Your favorable consideration of this Resolution is requested.
Respectfully submitted, Approved:
,,,e,;......, xi-1,ra_, • ,\
amen N. Skinner George avis (1 ts9 11319 7
Police Chief Acting Human Relations Director
Approved as to Funding:• Referred to the City Council for
Consideration:
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Louis A. D'Ercole 014A Mayor's Office/Tit e 3-11=96 '
Acting Finance Director
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CONTRACT
THIS AGREEMENT is made by and between the City of Omaha, a municipal corporation
in Douglas County,Nebraska, sometimes hereinafter referred to as "City", and GDE Systems Inc,
a California corporation with its local place of business at 1620 Wilshire Drive, Suite 208,Bellevue,
NE 68005, sometimes hereinafter referred to as "Contractor",
RECITALS:
The City requires the services of an experienced Networking Integration Vendor to
implement the Omaha Police Department, Wide Area Network Improvement Project; and,
GDE Systems Inc specializes in applying advanced digital technology in the design,
development,manufacture, and support of sophisticated electronic systems for tactical and strategic
forces for both domestic and international customers; and has produced an extensive engineering
base with expertise in strategic and tactical planning, decision aids, real-time targeting, vehicle
simulation, intelligence data products, database development, artificial intelligence, and all
prevailing information systems technologies; and has experience in delivering and supporting
operational systems and software engineering, hardware and software integration, and project
management; and,
GDE Systems Inc is capable and desirous of providing the City with professional services,
computer hardware,firmware and network operating software to improve and enhance the Omaha
Police Department inter-departmental computer communications and wide area networking; and,.
The Contractor has made a proposal to the City to provide these services.
IN CONSIDERATION OF THESE MUTUAL COVENANTS,THE PARTIES AGREE AS
FOLLOWS:
I. ADDITIONAL CONTRACT PARTS
It is understood that:
1. City of Omaha Request for Proposal dated December 12, 1995 Re: Request for
Proposal (RFP) for Omaha Police Department Wide Area Network Improvement
Project consisting of forty (40) pages, with Addendum No. 1 dated December 27,
1995 and Addendum No. 2 dated December 27, 1995; and,
2. The Proposal on Improving the Omaha Police Network City Council,City of Omaha,
Technical & Cost Proposal prepared for Omaha Police Department, Information
System Division, Omaha, NE 68102 by GDE Systems Inc. 1620 Wilshire Drive,
Suite 208, Bellevue, NE 68005, Strategic War Planning System (SWPS) dated
December 27, 1995; and,
3. The letter of January 9, 1996 to James Winters (GDE) from David Kohrel (OPD
Information System Manager) containing questions; and,
4. The response to David Kohrel's letter of January 9, 1996 dated January 12, 1996 from
GDE Systems Inc; and,
5. The proceedings of the governing body of the City relating to this project are made
a part of this Contract the same as if fully set out herein.
II. SERVICES
The Contractor shall provide all services as described in the Proposal on Improving the
Omaha Police Network dated December 27, 1995.
III. TERMS
The Contractor will commence work upon receipt of a copy of this Agreement signed by the
City and will continue such work until the services are completed,which date shall not be later than
July 31, 1996.
IV. COMPENSATION
The Contractor shall be paid the sum of$183,972.00 for all services as heretofore described
upon successful implementation of the system. Further,the Contractor shall be paid the additional
sum of$50,000.00 as consideration for sixty (60) months of maintenance commencing with the
implementation of the system as identified in GDE's response dated January12, 1996.
p Y p
PROVISIONS OF THE CONTRACT
I. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Annexed hereto as Exhibit"A"and made Part thereof by reference are the equal employment
provisions of this contract. Refusal by the contractor or subcontractor to comply with any portion
of this program as therein stated and described will subject the offending party to any or all of the
following penalties:
A. Withholding of all future payments under the involved contracts to the contractor in
violation until it is determined that the contractor or subcontractor is in compliance
with the provisions of the contract;
B. Refusal of all future bids for any contracts with the City or any of its departments or
divisions until such time as the contractor or subcontractor demonstrates that he has
established and shall carry out the policies of the program as herein outlined.
II. NONDISCRIMINATION
The Contractor shall not, in the performance of this contract, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex,
age,political or religious opinions, affiliations or national origin.
2
III. CAPTIONS
Captions used in this contract are for convenience and are not used in the construction of this
contract.
IV. APPLICABLE LAW
Parties to this contract shall conform with all existing and applicable City ordinances,
resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska
law will govern the terms and the performance under this contract.
V. INTEREST OF THE CITY
Pursuant to section 8.05 of the Home Rule Charter, no elected official or any officer or
employee of the City shall have a financial interest, direct or indirect, in any City contract. Any
violation of this section with the knowledge of the person or corporation contracting with the City
shall render the contract voidable by the Mayor or Council.
VI. INTEREST OF THE CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest,
director or indirect,which would conflict with the performance of services required to be performed
under this contract; he further covenants that, in the performance of this contract, no person having
any such interest shall be employed.
VII. MERGER
This contract shall not be merged into any other oral or written contract, lease or deed of any
type. This is the complete and full agreement of the parties.
VIII. MODIFICATION
This contract contains the entire agreement of the parties. NO representations were made or
relied upon by either party other than those that are expressly set forth herein. No agent, employee
or other representative of either party is empowered to alter any of the terms hereof unless done in
writing and signed by an authorized officer of the respective parties.
IX. APPROVAL OF AMENDMENTS
The parties hereto acknowledge that,as of the date of the execution of this agreement,section
10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or
purchases which taken alone increases the original bid price as awarded (a) by ten percent, if the
original bid price is one hundred fifty thousand dollars ($150,000) or more, or(b) by seventy-five
thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the
acceptance of any purchase in excess of such limits or the authorization of any additional work in
excess of such limits. However, neither contract nor purchase amendments will be split to avoid
advance approval of the City Council.
3
The originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by the City Council. The
provisions of this section will be quoted in all future City contracts. Nothing in this section is
intended to alter the authority of the Mayor under section 5.16 of the City Charter to approve
immediate purchases.
X. ASSIGNMENT
The Contractor may not assign its rights under this contract without the express prior written
consent of the City.
XI. STRICT COMPLIANCE
All provisions of this contract and each and every document that shall be attached shall be
strictly complied with as written, and no substitution or change shall be made except upon written
direction from an authorized representative.
XII. CODE PROVISIONS
During the term of this contract the Contractor shall be familiar with and expressly follow
the provisions of section 10-162 of the Omaha Municipal Code and shall be required to:
A. Maintain records and accounts, including property,personnel, and financial records,
as prescribed by the City to assure an accounting of all contract expenses;
B. Make such records and accounts available for audit purposes to the Finance Director,
or any other authorized City representative;
C. Retain such records and accounts for a period of five (5) years;
D. Submit a budget to the City Council which shall constitute the limitations on
expenditures for each category, subcategory and line item of expense;
E. Not exceed the limitations so established and not to shift amounts among line items
without a properly executed modification of the Contract;
F. Submit to the City Council progress reports on a quarterly basis of all activities and
functions for which funds of the City are received;
G. Submit to the City Council a contract completion report; and,
H. Be subject to all federal and local legislation prohibiting discrimination including
Title VI of the Civil Rights Act, the fair employment practices ordinance and the
provisions of the Home Rule Charter of the City of Omaha, 1956.
4
410
XIII. AUTHORIZED REPRESENTATIVE
In further consideration of the mutual covenants herein contained,the parties hereto expressly
agree that for purposes of notice,including legal service of process, during the term of this contract
and for the period of any applicable statute of limitations thereafter,the following named individuals
shall be the authorized representatives of the parties:
A. City of Omaha
James N. Skinner, Chief of Police
505 South 15th Street
Omaha,NE 68183
B. GDE Systems Inc
Joan Lachowicz, Senior Contracts Administrator
1620 Wilshire Drive
Bellevue,NE 68005
EXECUTED this M "day of 64, , 1996.
GDF SYSTFMS, INC_
A ST:
6
J ry L Myers-GIS rogram Director Jo n •M. Laa./cchowic -Sr. Contrac Administrator
EXECUTED this,3 /day of , 1996.
CITY OF Obi• • , a M • 'pal Corporation
ATTEST: - '
, 001 /_ By
_'�' '_'Y'•�—•'• ' ity Clerk _ Hal aub, Mayor
s )
{ROVED AS TO FORM:
eputy City Attorney
P:\LAW\2044.MAF
5
(co)
EXHIBIT "A"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract,the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of race,religion,color,sex,national origin,or disability as defined by the Americans
With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, religion, color, sex or national origin. The
Contractor shall take all actions necessary to comply with the Americans With Disabilities
Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to,
reasonable accommodation. As used herein, the word "treated" shall mean and include,
without limitation, the following: Recruited, whether advertising or by other means;
compensated; selected for training,including apprenticeship;promoted;upgraded; demoted;
downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post
in conspicuous places,available to employees and applicants for employment, notices to be
provided by the contracting officers setting forth the provisions of this nondiscrimination
clause.
(2) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex, national origin, or disability as
recognized under 42 USCS 12101 et seq.
(3) The Contractor shall send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding a notice advising the
labor union or worker's representative of the Contractor's commitments under the Equal
Employment Opportunity Clause of the City and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The Contractor shall furnish to the contract compliance officer all Federal forms containing
the information and reports required by the Federal government for Federal contracts under
Federal rules and regulations, and including the information required by Sections 10-192 to
10-194, inclusive, and shall permit reasonable access to his records. Records accessible to
the Contract Compliance Officer shall be those which are related to Paragraphs (1)through
(7)of this subsection and only after reasonable notice is given the Contractor. The purpose
for this provision is to provide for investigation to ascertain compliance with the program
provided for herein.
(5) The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of Paragraphs(1)through(7)herein, including
penalties and sanctions for noncompliance; however, in the event the Contractor becomes
involved in or is threatened with litigation as the result of such directions by the City, the
City will enter into such litigation as necessary to protect the interests of the City and to
effectuate the provisions of this division; and in the case of contracts receiving Federal
assistance, the Contractor or the City may request the United States to enter into such
litigation to protect the interests of the United States.
(6) The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports
with the Contractor in the same form and to the same extent as required by the Federal
government for Federal contracts under Federal rules and regulations. Such compliance
reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such
times as directed shall contain information as to the employment practices, policies,
programs and statistics of the Contractor and his subcontractors.
(7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
P:\LAW\2045.MAP
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March 12, 1996
OMA-96-013
Mr. David Kohrell
Information Systems Manager
Omaha Police Department
505 South 15th Street
Omaha, NE 68102-2769
Subject : - Transmittal of Signed Contract Documents
Omaha Police Wide Area Network Improvement
Project
Enclosures : - Four (4) Executed Copies of Contract Document
with Attachment A Schedule
- One (1) GDE Systems Signature Authorization
Letter
- One (1) Binder with Pertinent Contract
Documentation
Dear Mr. Kohrell :
GDE Systems, Inc. is pleased to provide the Omaha Police Department'
with this Letter of Transmittal for the above referenced contract
documents .
While not addressed in writing, it is GDE Systems' understanding
that the Omaha Police Department will assist our engineers to gain
access to any -and all areas that are required, to insure that the
project proceeds smoothly. Our request for Test and Acceptance
criteria is apparently addressed on pages 18 and 19 of the Omaha
Police Department Wide Area Network Improvement Project Request for
Proposal, Version 2 . 0, December 12, 1995 . If this is not correct,
please advise us at your soonest convenience.
Please review the documents that we have returned with this Letter
of Transmittal . If you have any questions or concerns, please do
not hesitate to call Mr. Gary Anderson at extension 310, Mr. Harold
Caplinger at extension 320, or the undersigned at extension 324 .
We will be happy to assist you in any way possible.
Sincerely,
GDE -EMS, INC.
Joa M. Lachowicz
. Contracts Administrator
1620 Wilshire Drive,Suite 208•Bellevue,NE 68005•(402)291.9234•FAX(402)291.0550
GDElystems Inc
a Tracor company
March 4, 1996
City of Omaha
Legal Department
Attention: Jim Fellows
Subject: Contract 95P-240
Dear Mr. Fellows:
This is to certify that Joan M. Lachowicz is a Senior Contracts Administrator of
GDE Systems, Inc. and is fully authorized to sign the subject contract on behalf
of GDE Systems, Inc.
Should you have any questions, please contact me at (619) 592-5884.
Sincerely,
GDE Systems, Inc.
William A. Wulff, Jr.
Manager of Contracts
P.O.Box 509008•San Diego,California 92150-9008•619-675-2600
C-25A
CITY OF OMAHA
Ver
LEGISLATIVE CHAMBER
Omaha, Nebr 19 `";.
RESOLVED BY THE CITY'COUNCIL OF THE CITY OF OMAHA:
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WHEREAS,the Police Department of the City of Omaha is in need of axexperienced
computer networking integration vendor to implement the Omaha Police Departmen Wide Area ,',.'
Network Improvement Project; and, $ "'�
WHEREAS, GDE Systems Inc is a California corporation with a local place of
business at Suite 208, 1620 Wilshire Drive, Bellevue,Nebraska 68005,that is capable and desirous
of providing such services; and,
WHEREAS,GDE has on file an Annual Contract Compliance Report Form CC-1 and
The Human Relations Director will review the contract to assure compliance with the Contract
Compliance Ordinance; and,
WHEREAS,it is in the best interest of the City to enter into an agreement for services
with GDE Systems Inc.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,a contract in the aggregate amount of$233,972.00 between GDE Systems Inc
and the City of Omaha for computer networking services in the amount of$183,972.00, and sixty
(60) months of system maintenance for$50,000.00, is approved by resolution of this Council; the
funds shall be paid from the 1996 Multi-Jurisdictional CCP Grant Fund 165, Agency 300,
Organization 8005, Object Code 2489.
APPROVED AS TO FORM:
DEPUTY CITY ATTORNEY
P:\LAW\2043.MAF
By r - :,
141)flCouncilmember
Adopted MAR.. ..1
Clerk
Approve
Mayor
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