Title
Dept/ Agency: Police
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Contract for Upgrade of Proprietary Hardware and Software
Purpose: Upgrade of Hardware and Software of a Proprietary Computer System
Entity Name: Clearview Data Systems, Inc.
Entity Address: 728 North Pleasantburg Drive, Greenville, South Carolina, 29606
Contract Amount: $98,753.00
Funding Source: Police Department
Contract Period: Upon Notice to Proceed not to exceed one year
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:
Exception to Public Bidding
...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 desires to enter into a contract with Clearview Data Systems, Inc (hereinafter “Clearview”), whose address is 728 North Pleasantburg Drive, Greenville, SC, 29606, for the provision of upgrade of the Photomanager network system, Custom Interface Software, HIDTA, Enforsys and Livescan Software programs, which are proprietary hardware and software programs, in order to maintain the hardware and software’s overall operational health, for an amount not to exceed $98,753.00, for the period commencing on upon a notice to proceed issued by the Police Director, for a term not to exceed one (1) year.; and
WHEREAS, the upgrade 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) a contract for the provision or performance of goods or services for the support and/or maintenance of proprietary computer hardware and/or software of the local units proprietary computer system may be awarded as an exception to public bidding; and ; and
WHEREAS the Police Director has determined and certified in writing that the value of this contract will exceed $17,500.00; 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 year, and this contract will prohibit Clearview from making any reportable contributions through the term of the contract; and
WHEREAS, the Municipal Council adopted the Contractor Pay-to-Play Reform Ordinance, 6PSF-a, August 1, 2012, which forbids the award of a contract to a Business Entity, as defined therein, which has made or solicited political contributions to Newark Municipal Candidates, office holders having ultimate responsibility for the award of a contract; candidate committees of the aforementioned candidates; and political or political party committees of the City of Newark or County of Essex; and continuing political committees or political action committees regularly engaged in the support of the City of Newark municipal or County of Essex elections; and certain other political party or candidate committees, in excess of certain thresholds
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, 728 N. Pleasantburg Drive, Greenville, SC 29609 for the provision of upgrades of the Photomanager network system, Custom Interface Software, HIDTA, Enforsys and Livescan Software programs, which are proprietary hardware and software programs, in order to maintain the hardware and software’s overall operational health, for an amount not to exceed $98,753.00 for the period commencing upon a Notice to Proceed issued by the Police Director not to exceed one (1) year.
2. 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.
3. 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 Contractor Pay-to-Play Reform Ordinance, 2:4-22C
4. There shall be no advance payments made against this contract in accordance with N.J.S.A.40A:5-16.
5. 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.
6. 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.
7. Notice of this action shall be published in the newspaper authorized to publish legal advertisements and as required by law within 10 days of the date of adoption.
STATEMENT
This resolution 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, 728 North Pleasantburg Drive, Greenville, SC 29609 for the provision of upgrades of the Photomanager network system, Custom Interface Software, HIDTA, Enforsys and Livescan hardware and software programs, which is a proprietary computer system, in order to maintain the hardware and software’s overall operational health, for an amount not to exceed $98,753.00 for the period commencing upon a Notice to Proceed not to exceed one (1) year.