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2014-04-28-Meeting Agenda
www.augustaga.gov Public Safety Committee Meeting Commission Chamber- 4/28/2014- 12:50 PM PUBLIC SAFETY 1. Approve the replacement of obsolete computer equipment (laptops, computers, servers, printers, scanners, switches, routers, other telecommunication devices, and MDTs) as well as the purchase of any required computer software upgrades. Attachments 2. Approve purchase of ESRI Professional Services for the Information Technology Department. Attachments 3. For informational purposes the Augusta Fire Department will be purchasing 52 new air packs as approved in the 2014 Fire Department Budget. Attachments 4. Approve Capacity Agreement for FY2014 for state inmates being housed in the Richmond County Correctional Institution. Attachments 5. Approve a request from the 9-1-1 Center to add five additional Communication Officers in support of the new community policing "zone manager" concept for the Richmond County Sheriff. This increase also enhances safety as the number of additional call takers will reduce 911 call wait time. (Requested by Commissioner Donnie Smith in conjunction with the 911 Center) Attachments 6. Motion to approve the minutes of the Public Safety Committee held on March 24, 2014. Attachments 7. Motion to appoint 911 Center Director, Dominick Nutter, to the Region 6 EMS Council. Attachments Public Safety Committee Meeting 4/28/2014 12:50 PM 2014 Replacement of Obsolete Computer Equipment Department:Information Technology Caption:Approve the replacement of obsolete computer equipment (laptops, computers, servers, printers, scanners, switches, routers, other telecommunication devices, and MDTs) as well as the purchase of any required computer software upgrades. Background:In an effort to provide the employees of Augusta Richmond County with current technology, the Information Technology Department (IT) schedules the replacement of EOL (end of life) equipment that, due to age and capability, is not compatible with current standards and is unable to support current software requirements. Information Technology developed an IT Technology Replacement plan that replaces obsolete computers every 4 years and printers every 5 -6 years (the normal life expectancy for the equipment). The replacement of desktop computers will consist of all computers that are not capable of meeting current software needs and the scheduled printers, laptops, servers, scanners, and MDTs. Information Technology is also continuing with the standardization of current operating systems and Microsoft Office products throughout the organization. Therefore, required computer software and hardware upgrades may need to be purchased for the computers that are not scheduled to be replaced. Regardless of funding source, all technology equipment removed from production will be disposed of in accordance with the technology disposal policy previously approved by the Commission. Inoperable equipment will be taken to the electronic recycling drop point at the Augusta Richmond County Landfill. Qualified equipment that meets determined specifications will either be sold in the Employee Lottery or redistributed to appropriate locations for use in Community Outreach Programs (i.e. Recreation Department Community Centers). All other functional equipment will be taken to the Fleet Department for sale at auction. All data will be erased from any devices using a DOD certified hard drive eraser. Analysis:Currently there are approximately 2000 desktop computers, 500 laptops, and 400+ MDTs deployed by the city. The life expectancy of a computer is 4-5 years. In some cases, these Cover Memo Item # 1 computers, servers, printers, laptops, and MDTs are incapable of operating the software required by the current business environment. Certain printers in operation are no longer capable of printing documents of acceptable quality. These items will be purchased through the state contract or through some other means that meets current Procurement requirements. (SWC90813-04; 99999-SPD-T20120501-0011; 99999-SPD-T20120702-0003; GS- 35F-0195J; S000546-044; 252-001-09-1; 250-000-09-1; 252-030- 09-ACS; SPD-0000021-0005; SWC90814-02; 252-000-09-ACS; and SWC-90813). Financial Impact:The approximate estimated cost for the items identified as needing to be replaced or upgraded is $1,150,000.00. Funds for these replacements are included in the Information Technology 2014 Capital Budget. Alternatives:Leave existing devices in place. However, this will increase the cost of replacements in future budgets and will affect other technology related implementations, projects, and normal business processes. Supporting and maintaining this out-of-date equipment another year could result in unpredictable outcomes, reduced efficiency for certain departments, and an increased risk of failure. Recommendation:Approve the replacement of obsolete computer equipment (laptops, computers, servers, printers, scanners, switches, routers, other telecommunication devices, and MDTs), the purchase of any required computer software or hardware upgrades, and the reallocation of equipment. Funds are Available in the Following Accounts: 272015410-5316220(Desktops) 272015410-5316230(Laptops) 272015410-5316260(Printers) 272015410-5424210(Servers) 272015410-5316250(Peripherals) 272015410-5424210(Servers) 272015410-5232111(Telephone-Other) REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 1 Public Safety Committee Meeting 4/28/2014 12:50 PM ArcGIS Server Support for 2014 Department:Information Technology Caption:Approve purchase of ESRI Professional Services for the Information Technology Department. Background:Since 1997, Augusta has acquired a vast amount of data related to Geographic Information Systems (GIS), including digital orthophotography (computerized aerial maps) for several years. Likewise, the breadth and depth of data that is captured by the IT GIS Group and our customer departments has increased. Augusta IT is enhancing our GIS web site and gathering additional aerial photography, as well as supporting other departments with major implementations which include important GIS components. ESRI is the company that manufactures our GIS software, and they have professional services that are available to assist customers with configuration of all hardware, software, and database platforms so that GIS maintains optimum availability. Analysis:The proposed services provide Augusta with 39 hours of remote ad-hoc, operational based consulting services to assist with troubleshooting, configuring, extending, and enhancing our GIS server environment. This support will provide Augusta with assistance in several critical areas: Setup and Configuration, Services, Administration and Diagnostics, Data Sources, Caching, Performance and Scalability Considerations, and Enterprise GIS Resource Management. The popularity of our online maps and the trend toward geographically-based data query (through many of our business systems) means that our servers should be operating efficiently to handle the increased workload. The original agreement with ESRI required commission approval, so this additional agreement for services with ESRI is being submitted through the Commission for approval. Financial Impact:Up to $10,129 funded through SPLOST funds set aside for digital orthophotography, since the services deal with the platform on which the data will reside and be made available to the public. Alternatives:N/A Cover Memo Item # 2 Recommendation:Approve Purchase of ESRI Professional Services Funds are Available in the Following Accounts: GL 328012110.5424910 JL 211925101.5424910 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 2 ArcGIS Server Consulting Support Prepared for: Ms. Michele Pearman, GIS Project Leader City of Augusta, GIS Division 530 Green Street Augusta, GA 30911 March 10, 2014 Esri Quote Number: P14-11482 Attachment number 1 \nPage 1 of 7 Item # 2 Copyright © 2014 Esri All rights reserved. Printed in the United States of America. The information contained in this document is the exclusive property of Esri. This work is protected under United States copyright law and other international copyright treaties and conventions. Esri grants proposal recipient the right to internally redistribute this document to proposal recipient's management and staff on a need-to-know basis, so long as proposal recipient does not remove or obscure any Esri or its licensors' patent, copyright, trademark, or proprietary rights notices contained in or affixed to this document. No part of this work may be reproduced or transmitted to third parties (except for consultants under a confidentiality obligation who are involved in the proposal evaluation process) in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, except as expressly permitted in writing by Esri. All requests should be sent to Attention: Director, Contracts and Legal, Esri, 380 New York Street, Redlands, CA 92373-8100 USA. US Government Restricted/Limited Rights Any commercial computer software, data, online services and documentation delivered hereunder is licensed for use and is subject to the terms of the Esri commercial License Agreement. The commercial license rights in the License Agreement strictly govern Licensee’s use, reproduction, or disclosure of the software, data, online services and documentation under FAR §12.211/12.212 (Commercial Technical Data/Computer Software); or DFARS §227.7202 (Commercial Computer Software and Commercial Computer Software Documentation) as applicable. Esri commercial Data and Online Services are licensed under the same DFARS Subpart 227.7202 policy as commercial computer software for acquisitions made under DFARS. Other software, data or documentation deliverables may have been developed at private expense and for such items in no event shall the US Government acquire greater than RESTRICTED/LIMITED RIGHTS. Software, data or documentation deliverables, if developed at government expense is subject to restrictions and requirements as set forth in FAR §52.227-14 Alternates I, II, and III (DEC 2007) or DFARS 252.227-7013 and 252.227-7014, as applicable. Contractor/Manufacturer is Esri, 380 New York Street, Redlands, CA 92373-8100, USA. Esri Trademarks and Service Marks @esri.com, ACORN, Address Coder, ADF, AML, ArcAtlas, ArcCAD, ArcCatalog, ArcCOGO, ArcData, ArcDoc, ArcEdit, ArcEditor, ArcEurope, ArcExplorer, ArcExpress, ArcGIS, ArcGlobe, ArcGrid, ArcIMS, ARC/INFO, ArcInfo, ArcInfo Librarian, ArcLessons, ArcLocation, ArcMap, ArcNetwork, ArcNews, ArcObjects, ArcOpen, ArcPad, ArcPlot, ArcPress, ArcPy, ArcReader, ArcScan, ArcScene, ArcSchool, ArcScripts, ArcSDE, ArcSdl, ArcSketch, ArcStorm, ArcSurvey, ArcTIN, ArcToolbox, ArcTools, ArcUSA, ArcUser, ArcView, ArcVoyager, ArcWatch, ArcWeb, ArcWorld, ArcXML, Atlas GIS, AtlasWare, Avenue, BAO, Business Analyst, Business Analyst Online, BusinessMAP, CityEngine, CommunityInfo, Community Analyst, Database Integrator, DBI Kit, EDN, Esri, Esri—Team GIS, Esri—The GIS Company, Esri—The GIS People, Esri—The GIS Software Leader, FormEdit, GeoCollector, Geographic Design System, Geography Matters, Geography Network, GIS by Esri, GIS Day, GIS for Everyone, GISData Server, JTX, MapIt, Maplex, MapObjects, MapStudio, ModelBuilder, MOLE, MPS—Atlas, PLTS, Rent-a-Tech, SDE, SML, Sourcebook•America, SpatiaLABS, Spatial Database Engine, StreetMap, Tapestry, the ARC/INFO logo, the ArcGIS logo, the ArcGIS Explorer logo, the ArcPad logo, the Esri globe logo, the Esri Press logo, the GIS Day logo, the MapIt logo, The Geographic Advantage, The Geographic Approach, The World's Leading Desktop GIS, Water Writes, www.arcgis.com, www.esri.com, www.geographynetwork.com, www.gis.com, www.gisday.com, and Your Personal Geographic Information System are trademarks, service marks, or registered marks in the United States, the European Community, or certain other jurisdictions. CityEngine is a registered trademark of Procedural AG and is distributed under license by Esri. Other companies and products or services mentioned herein may be trademarks, service marks, or registered marks of their respective mark owners. This document contains commercial or financial information or trade secrets of Esri, which are confidential and exempt from disclosure to the public under the Freedom of Information Act 5 USC 522(b)(4), and unlawful disclosure thereof is a violation of the Trade Secret Act 18 USC 1905. This proposal includes data that shall not be disclosed outside of the Procuring Entity and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of or in connection with the submission of this data, the Procuring Entity shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Procuring Entity’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained on all sheets of this proposal. Attachment number 1 \nPage 2 of 7 Item # 2 ArcGIS Server Consulting Support Introduction: The City of Augusta (Augusta) has requested Environmental Systems Research Institute, Inc. (Esri) Professional Services to provide remote ad-hoc ArcGIS Server consulting services. The quote below describes the scope of services, schedule, pricing, terms and conditions, and purchasing instructions. Scope of Services: ArcGIS Server Consulting Support Esri will provide up to 39 hours of remote ad-hoc, operational based consulting services to assist Augusta with troubleshooting, configuring, extending, or enhancing their ArcGIS Server environment. It is anticipated that consulting services will include the following topics: • Technology transfer to the Augusta staff on processes to update, maintain, and administer out of the box and custom web applications and services. • ArcGIS Server application developer support services including best practices, knowledge transfer, prototype development, and application template configuration This activity will be supported remotely from Esri’s offices. The Esri consultant(s) will work with direction from Augusta’s technical staff and management. Esri Responsibilities • Provide up to 39 hours of consulting services as described above. Augusta Responsibilities • Communicate project needs and priorities to the Esri consultant • Provide appropriate staff to direct support and consulting activities • Provide the Esri Consultant with access to systems environment and databases, as required • Provide temporary administrative access to the Esri consultant during consulting support, as needed Assumptions • Esri will not decompile, make, or otherwise update any 3rd party provided ArcGIS Server Web applications. • Esri staff will have access to server accounts with administrative privileges (temporary administrator accounts or assigned resource to work closely with Esri) where appropriate. • Where appropriate, Esri staff will have access to a workstation on Augusta’s network to perform support tasks. This workstation must have access to the servers in which the properly licensed ArcGIS software resides. • All servers will be available and on the network Esri Quote No. P14-11482 1 March 10, 2014 RQT131112 Attachment number 1 \nPage 3 of 7 Item # 2 ArcGIS Server Consulting Support Schedule: The schedule will be mutually agreed upon between Augusta and Esri within 10 days after contract award. Esri understands the importance and timeliness of this effort, and will endeavor to meet Augusta’s schedule goals. Pricing: The pricing provided below has been estimated based upon an anticipated award of a Time-and-Materials (T&M) contract. The required labor hours and other burdened direct cost items (ODCs) have been estimated based upon prior experience with work of a similar nature. The total not-to-exceed (NTE) price for the quoted Scope of Services is $10,129 and is based on the standard Esri terms and conditions contained in the attached Implementation Services Time and Materials Agreement numbered 2013C9541. This quote is valid for a period of 90 days from the submittal date above. This price is exclusive of any applicable federal, state and/or local taxes including any foreign taxes, value-added tax, customs, or duties for which Augusta shall remain responsible. Esri anticipates using staff from the GIS System/Software Developer (S2) labor category. Depending on the level of expertise required to perform certain activities during this engagement, Esri may be required to utilize other Esri staff members with a different skill-set and labor category. The following table shows the proposed NTE pricing for this work by Activity. Price by Activity Activity Description Estimated Labor ($) Estimated Travel ($) Price ArcGIS Server Consulting Support $10,129 $0 $10,129 Total Not-to-Exceed (NTE) Price: $10,129 T&M consulting services will be conducted under the following conditions: • In the event Esri completes the Scope of Services for less than the NTE budget, Augusta will only be invoiced for the actual hours expended plus ODCs. • In the event Esri reaches the NTE budget limit before the Scope of Services is completed, Augusta will have the option to either (a) increase the contract funding in order to allow the work to continue; or (b) instruct Esri to stop work. If Augusta chooses to stop work, Esri will do so without liability. • Esri reserves the right to reallocate the project funding between Scope of Services activities and/or ODCs, as necessary to facilitate the work effort, provided the overall contract price is not exceeded. All work will be accomplished in accordance with the Scope of Services with the deliverable being consulting time. If additional work is requested by Augusta in writing beyond the scope of this quote, Esri Quote No. P14-11482 2 March 10, 2014 RQT131112 Attachment number 1 \nPage 4 of 7 Item # 2 ArcGIS Server Consulting Support Esri will provide an updated quote. Augusta will be invoiced on a monthly basis for services provided by Esri during the previous 30-day period. Services will be billed at the rates and labor categories applicable when work is performed. Monthly invoices for services shall be calculated on the basis of actual hours expended during the previous month, multiplied by the appropriate labor rate, plus ODCs. Invoices are to be paid within 30 days of receipt. Purchasing: To order these services as quoted, please email the following two (2) items to Andy Potts at apotts@esri.com or fax to (704) 541-7620. 1. Purchase Order: • In the amount of the Total NTE Price above • Referencing this quote (P14-11482), dated 03/10/13 • Referencing the attached Implementation Services Time and Materials Agreement numbered 2013C9541 2. Attached Implementation Services Time and Materials Agreement numbered 2013C9541 executed on page 5 of the Agreement by the listed authorized individuals of Augusta, GA. 3. Copy of this quote. When we receive these completed documents, Esri will contact you to discuss staff assignment and schedule. We look forward to supporting you. Contact: Andy Potts Professional Services Coordinator Esri Implementation Services 3325 Springbank Ln, Suite 200 Charlotte, NC 28226 Tel#: (704) 541-9810 Ext. 8675 Fax#: (704) 541-7620 Email: apotts@esri.com www.esri.com Esri Quote No. P14-11482 3 March 10, 2014 RQT131112 Attachment number 1 \nPage 5 of 7 Item # 2 TIME AND MATERIALS RATE SCHEDULE Effective January 1, 2014 Hourly time and materials labor rates have been provided for each labor category for calendar year 2014. The hourly labor rates for services that are performed after 2014 may be escalated in an amount not to exceed five percent (5%) each year. Other direct costs, such as travel, reproduction, subcontractor, telecommunication/freight, or materials, will be charged a material handling fee and invoiced. GIS Technical Specialist/Engineer (S1) Hourly Rate: $197 Staff members in this labor category work collaboratively with software designers to perform software coding and the writing of software documentation according to design specifications developed by senior technical staff described below. As a group, these staff members are experienced in the coding of software and the creation of digital databases, as well as in software development associated with Esri's commercial off-the-shelf (COTS) software products; web, desktop, or server software development languages; geospatial data formats; and other technologies. These individuals also develop effective database designs, implement data conversion processes and procedures, and perform software and database quality control. GIS System/Software Developer (S2) Hourly Rate: $254 Staff members in this labor category support the design of technical project specifications for the implementation of application software projects and database development projects. They support the day-to-day technical activities of the project team and ensure that standard system methodologies are employed. They also perform detailed software design and detailed database conversion design and are directly involved in the coding and implementation of complex and strategic portions of application software and database conversion projects. As a group, these staff members are proficient in Esri COTS software products; web, desktop, and server software development languages; geospatial data formats; and other technologies. These staff members design and develop QA/QC programs and support design and code reviews, database reviews, and other QA/QC activities throughout the project life cycle. Senior GIS System/Software Architect (S3) Hourly Rate: $312 Staff members in this labor category provide the overall technical vision and system architecture for large, complex systems. They support the application of sound software engineering principles and life cycle methodologies to programs/projects. These individuals are actively involved in systems architecture design, application software design, database process design, and the directing of coding development including the supervision of design and code reviews. These staff members may serve as principal investigators in focused studies or research and development projects. Individuals in this labor category have broad technical knowledge of geographic information system (GIS) applications and related information technologies and may also provide specific expertise in areas such as web-based software applications, service-oriented architectures, data warehousing, spatial analysis, and modeling. As a group, these staff members are proficient in Esri COTS software products; software and database design methodologies; web, desktop, and server software development languages; geospatial data formats; and other technologies. J7264-a 2014 1 October 2013 Attachment number 1 \nPage 6 of 7 Item # 2 GIS Consultant/Project Manager (M1) Hourly Rate: $239 Staff members in this labor category provide day-to-day consulting and management for contracted projects within Esri. These individuals work under the guidance of senior Esri managers described herein and support the design and implementation of project work plans. These staff members may provide consulting services and design and management support to software application development projects and database conversion projects. They may also conduct detailed requirements interviews, document application requirements, develop logical and physical database designs using standard engineering diagramming methodologies, design software and database QA/QC programs, and provide management oversight of daily technical activities. These staff members work with senior consulting and technical staff to design comprehensive work plans that employ standard system methodologies that define project deliverables, milestones, and realistic schedules. These individuals work with Esri administrative staff to ensure that progress and financial reporting is provided according to contract requirements. Senior GIS Consultant/Project Manager (M2) Hourly Rate: $301 Staff members in this labor category work as project managers or project advisers, providing strategic consulting and project management activities for GIS and information technology (IT) projects. These staff members have market/application domain expertise using extensive experience in GIS and related geospatial technologies to support the successful completion of a project. Consulting activities may include strategic planning, GIS workshops and seminars development, requirements definition, application and database design, and system integration. Management activities may include defining project requirements and objectives, establishing budgets and schedules, allocating staff and other resources, and managing and overseeing subcontractor activities. These individuals may also design comprehensive work plans that employ standard system methodologies that define project deliverables and milestones and realistic schedules. Principal GIS Consultant/Program Manager (M3) Hourly Rate: $397 Staff members in this labor category work as program directors or project advisers, providing project vision, strategic consulting, and program management activities for GIS and IT projects. These staff members apply market/application domain expertise using extensive experience in GIS and related geospatial technologies to support the successful completion of the program. Consulting activities may include strategic planning, review and oversight of requirements definitions, application and database design, and system integration. Management activities may include defining program requirements and objectives, establishing budgets and schedules, allocating staff and other resources, and managing and overseeing subcontractor activities. Staff members in this labor category work with senior client staff in coordination with Esri senior management to resolve issues and support successful project completion. GIS Database Specialist/Analyst (DB) Hourly Rate: $166 Staff members in this labor category provide database development support in creating cartographic and digital data products. These staff members have expertise that includes the performance of hard copy to digital data conversion tasks, data migration, and translation activities utilizing advanced processing techniques in ArcGIS. These individuals design, develop, and implement efficient production tools and workflows in accordance with approved project plans and design parameters. J7264-a 2014 2 October 2013 Attachment number 1 \nPage 7 of 7 Item # 2 IMPLEMENTATION SERVICES TIME AND MATERIALS AGREEMENT Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 G363BM 2013C9541 Page 1 of 5 06/14/2010 December 10, 2013 1. DEFINITIONS "Commercial off the Shelf Software" or "COTS Software" means all or any portion of Esri's proprietary software technology accessed or downloaded from an authorized Esri Web site or delivered on any media in any format, including backups, updates, service packs, patches, hot fixes, or permitted merged copies, available under license to the general public. "Services Output" means any tangible output produced as a result of the Services provided by Esri under this Agreement. Services Output can include, but is not limited to, reports, training materials, and custom software code. "Map Data" means any digital dataset(s) including geographic, vector data, coordinates, raster, or associated tabular attributes supplied by either party for use in the performance of this Agreement. "Services" means consulting support being performed by Esri on a time and materials hourly basis in exchange for compensation from the Licensee. 2. RESERVATION OF OWNERSHIP AND GRANT OF LICENSE Except as specifically granted in this Agreement, Esri or its licensors own and retain all right, title, and interest in Services Output. Subject to the terms and conditions set forth in this Agreement, Esri hereby grants to Licensee a nonexclusive, royalty-free, worldwide license to use, modify, and/or reproduce the Services Output in connection with Licensee's authorized use of the COTS Software. 3. PATENTS AND INVENTIONS Each party shall retain title to any inventions, innovations, and improvements ("Inventions") made or conceived solely by its principals, employees, consultants, or independent contractors (hereinafter called "Inventors") during the term of this Agreement. The parties shall jointly own any Inventions made or conceived jointly by Inventors from both parties. Except as provided in the next paragraph, where Inventions are jointly owned, each party shall share equally the costs of acquiring protection for the Inventions and furnish the other joint owner with assistance reasonably required for acquiring protection. A joint owner ("Assigning Owner") electing not to acquire or maintain protection of any Inventions in any country or countries shall assign its rights in such Inventions to the other joint owner ("Beneficial Owner") as is necessary to enable the Beneficial Owner to protect such Inventions in such country or countries at its expense and for its exclusive benefit. In such event, the Assigning Owner shall make available to the Beneficial Owner the name(s) of Assigning Owner's Inventors and shall otherwise cooperate with the Beneficial Owner in order to assist the Beneficial Owner in protecting such Inventions. The Beneficial Owner shall reimburse the Assigning Owner for all reasonable out-of-pocket expenses incurred in rendering such assistance. If any such Inventions are so protected by the Beneficial Owner, then the Assigning Owner shall have a license with respect to the subject matter of such protected Inventions in such country or countries. Neither party may license, transfer, sell, or otherwise alienate or encumber its interest in jointly owned Inventions without the written consent of the other party, which shall not be unreasonably withheld by either party. 4. COMPENSATION Services will be performed and subsequently invoiced on a time and materials basis in accordance with the funded not-to- exceed order value. Labor, including travel time, will be invoiced on a monthly basis for actual hours provided during the previous month. Other direct costs (ODCs), such as travel-related expenses, will be invoiced at actual cost plus Esri's standard burden. Meals and incidental expenses will be invoiced on a "per diem" basis in accordance with the limits stated in the most-current Federal Travel Regulations. Esri standard payment terms are Net-30 days from receipt of an Esri invoice. If the Esri credit history established by the Licensee does not support this effort, Esri reserves the right to require full or partial prepayment. Payment shall be made to the Esri address identified on original Esri invoices. Attachment number 2 \nPage 1 of 5 Item # 2 G363BM 2013C9541 Page 2 of 5 06/14/2010 December 10, 2013 Esri may reallocate authorized funding between activities, labor categories, and ODCs as necessary to facilitate the work efforts, provided the overall authorized funding is not exceeded. In the event Esri reaches the funded not-to-exceed order value and the activities are not completed, Licensee may increase the order funding to allow additional work to be performed, or Esri may stop work without further obligation or liability. If Services are required beyond the period of performance stated in the original proposal or resulting order, Esri reserves the right to escalate labor rates up to five percent (5%) per calendar year. 5. LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES Esri warrants for a period of thirty (30) days from the date of performance that the Services will conform to the professional and technical standards in the software industry. During the limited warranty period, Licensee may require Esri to re-perform the Services, at no additional cost to the Licensee, if the Services do not substantially conform to the professional and technical standards of the software industry. Services Output is provided "AS IS" without warranty of any kind. Disclaimer of Warranties A. WITH THE EXCEPTION OF THE LIMITED WARRANTY SET FORTH IN THIS ARTICLE, ESRI DISCLAIMS AND THIS AGREEMENT EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B. IN ADDITION TO AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, ESRI DOES NOT WARRANT IN ANY WAY MAP DATA. MAP DATA MAY NOT BE FREE OF NONCONFORMITIES, DEFECTS, ERRORS, OR OMISSIONS; BE AVAILABLE WITHOUT INTERRUPTION; BE CORRECTED IF ERRORS ARE DISCOVERED; OR MEET LICENSEE'S NEEDS OR EXPECTATIONS. LICENSEE SHOULD NOT RELY ON ANY MAP DATA UNLESS LICENSEE HAS VERIFIED THE MAP DATA AGAINST ACTUAL DATA FROM DOCUMENTS OF RECORD, FIELD MEASUREMENT, OR OBSERVATION. 6. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES; OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ESRI'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY THE LICENSEE FOR THE PORTION OF THE SERVICES UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 7. CONFIDENTIALITY The Services Output is Esri confidential information and Licensee shall preserve and protect the confidentiality of said Services Output. Insofar as its rights may be legally restricted, Licensee agrees not to reverse engineer or decompile custom software delivered only in object code, executable code, or similar formats (collectively, "Secure Formats"). For custom software delivered in source code or other human-readable formats, Licensee shall have met its obligations under this Agreement if its disclosure of custom software is limited to custom software in Secure Formats, provided that the means for reverse engineering, decompiling, or disassembling such custom software is withheld from such disclosure, and the person or entity in receipt of such custom software similarly agrees not to perform such acts or allow others to do so. Except as provided in the preceding paragraph, Licensee shall not disclose the Services Output to employees or third parties without the advanced written consent of Esri. However, Licensee may, without such consent, make such disclosures to employees to the extent reasonably required to allow Licensee to use the Services Output in a manner authorized under applicable licenses. Before disclosing all or any portion of the Services Output to employees or third parties as permitted in the preceding sentence, Licensee shall inform such employees or third parties of the obligations in this Agreement and obtain their agreement to be bound by them. 8. EXPORT CONTROLS The disclosures permitted under Article 7, Confidentiality, shall not relieve Licensee of its obligation to maintain the Services Output in confidence and comply with all applicable laws and regulations of the United States including, without limitation, its export control laws. Licensee expressly acknowledges and agrees that Licensee shall not export, re-export, transfer, or Attachment number 2 \nPage 2 of 5 Item # 2 G363BM 2013C9541 Page 3 of 5 06/14/2010 December 10, 2013 release Services Output in whole or in part, to (i) any U.S. embargoed country (or to a national or resident of any U.S. embargoed country); (ii) any person on the U.S. Treasury Department's list of Specially Designated Nationals; (iii) any person or entity on the U.S. Commerce Department's Table of Denial Orders; or (iv) any person or entity where such export, reexport, or provision violates any U.S. export control laws or regulations including, but not limited to, the terms of any export license or licensing provision and any amendments and supplemental additions to U.S. export laws as they may occur from time to time. 9. GENERAL PROVISIONS 9.1 Nonhire of Esri Personnel. Licensee will not directly solicit for hire any employee(s) of Esri's technical staff, who is (are) associated with Services called for under this project, and for a period of one (1) year after completion of the project. In the event the foregoing provision is breached, liquidated damages equal to twelve (12) months of the Esri employee's compensation plus any legal expenses associated with the enforcement of this provision shall be paid by the Licensee to Esri. The foregoing shall in no way restrict Licensee from publicly advertising positions for hire in newspapers, professional magazines, or Internet postings. 9.2 Taxes. Services provided are quoted exclusive of all state; local; value-added or other taxes, customs, or duties; or other charges (other than income taxes payable by Esri). In the event such taxes and/or charges become applicable to Esri's Services or Services Output, Licensee shall pay any such applicable tax upon receipt of written notice that such tax(es) is/are due. 9.3 UCC Inapplicability. Services provided under this Agreement will not be governed by the Uniform Commercial Code (UCC) and will not be deemed "goods" within the definition of the UCC. 9.4 Order of Precedence. These terms and conditions supersede those outlined in any Licensee ordering or authorizing documents such as purchase orders. Any additional terms or conditions in Licensee ordering or authorizing documents are void and may be incorporated into this Agreement only via written amendment signed by both parties to be binding. 9.5 Assignment and Delegation. Esri may, in whole or in part, assign any of its rights or delegate any performance under this Agreement, provided that Esri shall remain responsible for the performance it delegates. This Agreement binds and benefits successors or assigns permitted under this Article. 9.6 Equitable Relief. Licensee agrees that any breach of this Agreement by Licensee may cause Esri irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, Esri shall have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction to prevent violation of these terms and without the requirement of posting a bond or undertaking or proving injury as a condition of relief. 9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without reference to its conflict of laws principles, and Esri agrees that any disputes arising out of this Agreement shall be decided by the Superior Court of Richmond County, Georgia. 9.8 Temporary Suspension or Delay of Performance of Contract. To the extent that it does not alter the scope of this agreement, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Esri under this agreement. 9.9 Defective Pricing. To the extent that the pricing provided by Esri is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 9.10 Specified Excuses for Delay or Non-Performance. Esri is not responsible for delay in performance caused by acts of nature, strikes, lockouts, accidents, or other events beyond the control of Esri. In any such event, the contract price and schedule shall be equitably adjusted. 9.11 Hold Harmless. Notwithstanding any other provisions of this agreement, Esri shall indemnify and hold harmless Augusta, GA, and its employees and agents (collectively the “Indemnified Parties”) from and against any and all liabilities, claims, judgments, damages, and settlements, including all reasonable costs, expenses, and attorneys’ fees, arising out of any action or claim for bodily injury, death or property damage (except for databases not subject to a reasonable backup program) brought against any of the Indemnified Parties to the extent arising from any negligent act or omission or willful misconduct by Esri, its subcontractors or their directors, officers, employees or agents. 9.12 Prohibition against Contingent Fees. Esri is prohibited from directly or indirectly advocating in exchange for compensation that is contingent in any way upon the approval of this contract or the passage, modification, or defeat of any Attachment number 2 \nPage 3 of 5 Item # 2 G363BM 2013C9541 Page 4 of 5 06/14/2010 December 10, 2013 legislative action on the part of the Augusta, Georgia Commission. Esri shall not hire anyone to actively advocate in exchange for compensation that is contingent in any way upon the passage, modification, or defeat of any contract or any legislation that is to go before the Augusta, Georgia Commission. 9.13 Georgia Prompt Pay Act Not Applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 9.14 Acknowledgement Regarding Contractual Obligations of Augusta, Georgia. Esri acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Esri is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Esri’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Esri may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Esri agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Esri provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Esri. Esri assumes all risk of non- payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. 9.15 Georgia E-Verify Requirements. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. Esri agrees to provide their E-Verify number and to be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. Additionally, Esri agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia Esri will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01- .08 or a substantially similar form. Esri agrees to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. 9.16 Right to Inspect Premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Esri or any subcontractor of Esri or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. 9.17 Local Small Business Language. In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Esri agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), the contractor is required to provide local small business utilization reports. Esri shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment. Esri will not be utilizing any local small business pursuant to this Agreement. Therefore, all requirements and reporting set forth in this Article are not applicable. 9.18 Entire Agreement. This Agreement constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous agreements, understandings, and arrangements (including any attached purchase order terms and conditions) between the parties relating to such subject matter. The undersigned hereby acknowledges and represents that he/she has read and understands this Agreement and has the authority to bind his/her organization to these terms and conditions. An executed Agreement shall constitute a duplicate if it is transmitted through electronic means, such Attachment number 2 \nPage 4 of 5 Item # 2 G363BM 2013C9541 Page 5 of 5 06/14/2010 December 10, 2013 as fax or e-mail, and reflects the signing of the document by Licensee. Duplicates are valid and binding even if an original paper document bearing Licensee's original signature is not delivered. AUGUSTA, GEORGIA (“Licensee”) By: Date: Print Name: David S. Copenhaver, Mayor Phone: ( ) Attest: Lena J. Bonner, Clerk of Commission Municipal Building 530 Greene Street, 8th Floor Augusta, Georgia 30901 Attachment number 2 \nPage 5 of 5 Item # 2 Attachment number 3 \nPage 1 of 14 Item # 2 Attachment number 3 \nPage 2 of 14 Item # 2 Attachment number 3 \nPage 3 of 14 Item # 2 Attachment number 3 \nPage 4 of 14 Item # 2 Attachment number 3 \nPage 5 of 14 Item # 2 Attachment number 3 \nPage 6 of 14 Item # 2 Attachment number 3 \nPage 7 of 14 Item # 2 Attachment number 3 \nPage 8 of 14 Item # 2 Attachment number 3 \nPage 9 of 14 Item # 2 Attachment number 3 \nPage 10 of 14 Item # 2 Attachment number 3 \nPage 11 of 14 Item # 2 Attachment number 3 \nPage 12 of 14 Item # 2 Attachment number 3 \nPage 13 of 14 Item # 2 Attachment number 3 \nPage 14 of 14 Item # 2 Public Safety Committee Meeting 4/28/2014 12:50 PM Augusta Fire Department Capital Purchase - Air Packs Department:Fire Caption:For informational purposes the Augusta Fire Department will be purchasing 52 new air packs as approved in the 2014 Fire Department Budget. Background:The Augusta Fire Department will be purchasing 52 new air packs from Hagemeyer. This equipment is worn by firefighters to provide breathable air in an IDLH (immediate danger to life and health) atmosphere. Our current inventory of air packs is manufactured by Scott. Hagemeyer is the only factory authorized distributor of Scott air packs and accessories in Augusta and the surrounding areas. Analysis:This purchase will allow the Fire Department to replace older air packs ensuring that our firefighters have equipment that will aid them in performing their duties safely and effectively. Financial Impact:The Fire Department has budgeted funds for this purchase in capital outlay. Each air pack will cost $3,887 for a total of $202,124. Alternatives:None, Hagemeyer is the sole provider of this items. This equipment is in need of replacement. Recommendation:To approve the purchse of 52 Scott air packs from Hagemeyer. Funds are Available in the Following Accounts: Funds are available in account #274034110-5316210. REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 3 Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 3 Attachment number 1 \nPage 1 of 1 Item # 3 Attachment number 2 \nPage 1 of 1 Item # 3 Attachment number 3 \nPage 1 of 1 Item # 3 Attachment number 4 \nPage 1 of 2 Item # 3 Attachment number 4 \nPage 2 of 2 Item # 3 Public Safety Committee Meeting 4/28/2014 12:50 PM Capacity Agreement FY2014 Department:Richmond County Correctional Institution-Evan Joseph, Director Caption:Approve Capacity Agreement for FY2014 for state inmates being housed in the Richmond County Correctional Institution. Background:Augusta-Richmond County contracts with the State of Georgia to house two hundred fifteen (215) non-violent inmates to perform skilled/non-skilled labor in the City Departments. Analysis:The Department of Corrections pays the City a per diem of twenty ($20.00) dollars per day per inmate. Financial Impact:The revenue received from the Department of Corrections is approximately forty-five (45%) percent of the institution's annual budget. Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 4 Attachment number 1 \nPage 1 of 5 Item # 4 Attachment number 1 \nPage 2 of 5 Item # 4 Attachment number 1 \nPage 3 of 5 Item # 4 Attachment number 1 \nPage 4 of 5 Item # 4 Attachment number 1 \nPage 5 of 5 Item # 4 Public Safety Committee Meeting 4/28/2014 12:50 PM Communication Officer Increase Department:Augusta 9-1-1 Communication Center Caption:Approve a request from the 9-1-1 Center to add five additional Communication Officers in support of the new community policing "zone manager" concept for the Richmond County Sheriff. This increase also enhances safety as the number of additional call takers will reduce 911 call wait time. (Requested by Commissioner Donnie Smith in conjunction with the 911 Center) Background:Employees of the 9-1-1 Center currently answer (12) 9-1-1 lines and 15 administrative lines while providing dispatch services for all Public Safety elements. The Richmond County Sheriff's Office is implementing a new “zone manager” concept as part of the Community Policing program that will allow residents to connect to a supervisor who is assigned to their particular neighborhood. In support of this concept 8 zones each with a supervisor have been created develop the "partnership" between law enforcement and the community. Analysis:Communication Officers handle over 580K 911 calls each year while simultaneously operating radio channels for all public safety elements. The current staffing does not permit the addition of another radio channel without additional personnel. This increase would enhance quality of service to the community and first responder safety as each Communication Officer will manage less responders. The increase also provides an enhanced capbaility to answer 9-1-1 lines. Financial Impact:The cost for the additional Communication Officers would be 200,065.06 including benefits. The infrastructure to support the additional dispatch position is already in place. Alternatives:Approve a lower number of additonal personnel. Recommendation:Approve the personnel increase as requested. Cover Memo Item # 5 Funds are Available in the Following Accounts: Funds are available for this year using the Emergency Telephone response fund balance. Funds will only be transferred if personnel costs exceed the budget allocation in 216037110. forwarded from Finance for discussion dbw REVIEWED AND APPROVED BY: Cover Memo Item # 5 Attachment number 1 \nPage 1 of 1 Item # 5 Public Safety Committee Meeting 4/28/2014 12:50 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Public Safety Committee held on March 24, 2014. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 6 Public Safety Committee Meeting 4/28/2014 12:50 PM Region 6 EMS Council Appointment Department:Administrator Caption:Motion to appoint 911 Center Director, Dominick Nutter, to the Region 6 EMS Council. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 7