Title
Dept/ Agency: Public Safety/Office of Emergency Management
Action: (X) Ratifying (X) Authorizing ( ) Amending
Type of Service: Exception to Public Bidding - N.J.S.A. 40A:11-5(1)(dd)
Purpose: Citizens’ Emergency Alert System Renewal/Update
Entity Name: Rave Mobile Safety
Entity Address: 492 Old Connecticut Path, Framingham, Massachusetts 01701
Contract Amount: Not to exceed $96,000.00
Funding Source: UASI FY23 Funds/Office of Emergency Management and Homeland Security
Contract Period: January 1, 2024 through December 31, 2025
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open (X) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
Support and maintenance of proprietary hardware and software, pursuant to N.J.S.A. 40A:11-5(1)(dd).
...body
WHEREAS, the Office of Emergency Management within the Department of Public Safety (“OEM”) is committed to providing efficient and effective Citizens’ Emergency Alert System to the City of Newark (“City”) and its citizens; and
WHEREAS, pursuant to Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(dd), a contract for proprietary computer software may be awarded without advertising and public bidding therefor if the contract is for the provision or performance of goods or services for the support or maintenance of proprietary computer hardware and software; and
WHEREAS, OEM desires to enter into a contract with Rave Wireless, Inc. (“Rave Wireless”), 492 Old Connecticut Path, Framingham, Massachusetts 01701, for the provision, maintenance and support of the Citizens’ Emergency Alert System, which is Rave Wireless’s proprietary software; and
WHEREAS, said contract is essential for the conduct of the affairs of the OEM, as said proprietary software and hardware includes, Fully hosted platform operated on the Rave Alert for Public Safety, NDN™ telecom network, Customizable contact management, Unlimited system users, Voice (Recorded or Text-to-Speech with TTY/TDD), Email, Fax, Pager, Social Media, RSS, IPAWS, GIS Mapping, Special Events Manager, NWS Automated Weather Alerts, Rave Mobile provided Voice Add-On Module, Premium SMS Messaging, Social Media Integration, CAP inbound/outbound, Geopolling, SMS Opt-In, Inbound 800 Service, Smart Loader, Loaded Landlines, Conference Blast, and Rave Prepare live customer support and unlimited live webinar training for use by the City’s essential Departments and agencies; and
WHEREAS, Rave Wireless has represented that it has the exclusive right to provide these goods or services, and the Coordinator of OEM certifies that said goods and services are essential and necessary for the conduct of the affairs of the Department of Public Safety, N.J.S.A. 40A:11-2(39); and
WHEREAS, the annual cost of this service is expected to be Forty-Eight Thousand Dollars and Zero Cents ($48,000.00) each year for two (2) years, and should not exceed Ninety-Six Thousand Dollars and Zero Cents ($96,000.00) over that time period; and
WHEREAS, the Coordinator of OEM has determined and certified in writing that the value of this contract will exceed $44,000.00; and
WHEREAS, this contract is being awarded pursuant to a “Non-Fair and Open” Process pursuant to State Pay-to-Play Law, N.J.S.A.19:44A-20.5; and
WHEREAS, Rave Wireless has completed and submitted a Business Entity Disclosure Certification, which certifies that it has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one (1) year, and the contract will prohibit Rave Wireless from making any reportable contributions throughout the term of the contract; and
WHEREAS, Rave Wireless and its subcontractors, if any, have certified that it and they are in compliance with the City’s Contractor Pay-to-Play Reform Ordinance 2:4-22C.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The Mayor and/or his designee, the Business Administrator or the Director of the Department of Public Safety, are authorized to enter into and execute a contract with Rave Wireless, Inc., 492 Old Connecticut Path, Framingham, Massachusetts 01701, to provide support and maintenance of proprietary software and hardware, which includes: Fully hosted platform operated on the Rave Alert for Public Safety, NDN™ telecom network, Customizable contact management, Unlimited system users, Voice (Recorded or Text-to-Speech with TTY/TDD), Email, Fax, Pager, Social Media, RSS, IPAWS, GIS Mapping, Special Events Manager, NWS Automated Weather Alerts, Rave Mobile provided Voice Add-On Module, Premium SMS Messaging, Social Media Integration, CAP inbound/outbound, Geopolling, SMS Opt-In, Inbound 800 Service, Smart Loader, Loaded Landlines, Conference Blast, and Rave Prepare live customer support and unlimited live webinar training for use by the City’s essential Departments.
2. Said contract shall not exceed Ninety-Six Thousand Dollars and Zero Cents ($96,000.00) and shall be for the two year period commencing January 1, 2024 and ending on December 31, 2025.
3. This contract is ratified back from January 1, 2024 through the date of adoption of this authorizing Resolution.
4. Attached hereto is Finance Director’s Certification of Funds certifying that sufficient funds have been appropriated and are available for the purposes set forth in Paragraph 1. Funds shall be charged against the following account: Business Unit NW051, Dept. G23, Div./Proj. P23K0, Activity A, Account # 71280, Budget Ref B2023. Funds for this contract shall be provided by the Urban Areas Security Initiative FY23 Grant.
5. This contract is being awarded pursuant to the Non-Fair and Open Procedures of the State of New Jersey Pay-to-Play Law, (N.J.S.A. 19:44A-20.5), the Local Public Contracts Law, (N.J.S.A. 40A:11-5(1)(dd), and the City of Newark’s Contractor Pay-to-Play Reform Ordinance 2:4-22C. There shall be no advance payments made against this contract in accordance with N.J.S.A. 40A:5-16.
6. The Business Entity Disclosure Certification and the Determination of Value Letter are attached in support of this Resolution and shall be placed on file with the Office of the City Clerk by the Director of the Department of Finance.
7. There shall be no amendments or changes to this contract without approval of the Municipal Council.
8. The contract will contain language prohibiting any contributions in violation of any State or local law.
9. A duly executed copy of the contract shall be filed in the Office of the City Clerk by the Coordinator of the Office of Emergency Management.
10. A notice of this action shall be published in a newspaper authorized by law to publish a legal advertisement and as required by law within ten (10) days of its passage.
STATEMENT
This Resolution ratifies and authorizes the Mayor and/or his designee, the Business Administrator or the Director of the Department of Public Safety, to enter into and execute a contract with Rave Wireless, Inc., 492 Old Connecticut Path, Framingham, Massachusetts 01701, for the provision of the Citizens’ Emergency Alert Mass Notification System for an amount not to exceed $96,000.00, for a two (2) year period commencing January 1, 2024 and ending on December 31, 2025. This Resolution is ratified back to January 1, 2024.