Title
Dept/ Agency: Police
Action: (X ) Ratifying ( X ) Authorizing ( ) Amending
Type of Service: Professional Service Contract
Purpose: To provide maintenance to softwares and upgrades to network systems
Entity Name: Clearview Data Systems, Inc.
Entity Address: 33474 Islander Drive, Millsboro, DE 19966
Contract Amount: $116,000.00
Funding Source: Newark Police Department
Contract Period: April 1, 2011 through March 31, 2013
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:
...body
WHEREAS, the Newark Police Department is committed to providing an efficient and effective means to process prisoners, confirm their identities and conduct investigations; and
WHEREAS, the Police Director and the Newark Police Department desire to enter into a contract with Clearview Data Systems, Inc (hereinafter "Clearview"), whose address is 33474 Islander Drive, Millsboro, DE 19966, for the provision of maintenance services and upgrades of the Photomanager network system, Custom Interface Software, HIDTA, Enforsys and Livescan Software programs, which are proprietary software programs, in order to maintain the software's overall operational health, for an amount not to exceed $116,000.00, for the period commencing on April 1, 2011 and terminating on March 31, 2013; and
WHEREAS, this maintenance agreement is essential for the Newark Police Department to continue to process prisoners, confirm their identities and conduct investigations; and
WHEREAS, Clearview is an authorized dealer for Data Works Plus Inc. (hereinafter DWP); and
WHEREAS, DWP owns the rights to an automated PhotoManager identifications system consisting of hardware and software components and is engaged in the business of providing various maintenance services on said hardware and software; and
WHEREAS, Clearview has represented that they are qualified by their training and experience to provide the required services and that they have the exclusive right to make and sell these services, which the Police Director certifies is essential and necessary for the conduct of its affairs (N.J.S.A. 40A:11-2(39)); and
WHEREAS, pursuant to the Local Public Contracts Law N.J.S.A. 40A:11-5(1)(dd) such a contract for proprietary computer system may be awarded as an exception to public bidding as the provision or performance of goods or services is for the support and/or maintenance of proprietary computer hardware and/or software; and
WHEREAS the Police Director has determined and certified in writing that the value of this contract will not exceed $116,000.00; 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 Clearview has completed and submitted a Business Entity Disclosure Certification, which certifies that Clearview has not made any reportable contributions to a political or candidate committee in the City of Newark in the previous one (1) year, and this contract will prohibit Clearview from making any reportable contributions through the term of the contract; and
WHEREAS, the Mayor of the City of Newark signed into law Executive Order Number MEO-07-0001 (hereinafter "Pay-to-Play Executive Order"), which requires reporting of political contributions to Newark Municipal Candidates and prohibits certain political contributions during the duration of the contract.
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 Police Director of the Newark Police Department, are hereby authorized to enter into and execute a contract with Clearview Data Systems, Inc, 33474 Islander Drive, Millsboro, DE 19966 for the provision of maintenance services and upgrades of the Photomanager network system, Custom Interface Software, HIDTA, Enforsys and Livescan Software programs, which are proprietary software programs, in order to maintain the software's overall operational health, for an amount not to exceed $116,000.00, for the period commencing on April 1, 2011 and terminating on March 31, 2013.
2. This contract is hereby ratified from April 1, 2011 to the date of adoption of this authorizing resolution.
3. Attached hereto is a partial Certification from the Municipal Comptroller, which states that there are available legally appropriated funds for the purpose set forth hereinabove. Funds for 2012 are contingent upon appropriation pursuant to N.J.A.C. 5:30-5.5(d)(2).
4. This contract is being awarded pursuant to the non-fair and open procedures of State Pay-to-Play Law (N.J.S.A. 19:44A-20.5) and pursuant to the provisions of Local Public Contracts Law (N.J.S.A. 40A:11-5(1)(dd), and is in compliance with the City of Newark Executive Order MEO-07-0001, effective March 31, 2007.
5. 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 are attached in support of this Resolution and shall be placed on file with the Office of the City Clerk by the Police Director.
7. A copy of the contract is attached hereto. A duly executed copy of the aforesaid contract shall be filed in the Office of the City Clerk by the Police Director.
8. Notice of this action shall be published in the newspaper authorized to publish legal advertisements and as required by law within ten (10) days of the date of adoption.
STATEMENT
This resolution ratifies and authorizes the Mayor and/or his designee, the Police Director of the Newark Police Department, to enter into and execute a contract with Clearview Data Systems, Inc, 33474 Islander Drive, Millsboro, DE 19966, for the provision of maintenance services and upgrades of the Photomanager network system, Custom Interface Software, HIDTA, Enforsys and Livescan Software programs, which are proprietary software programs, in order to maintain the software's overall operational health, for an amount not to exceed $116,000.00, for the period commencing on April 1, 2011 and terminating on March 31, 2013.