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CM-11-07-142ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Item Caption: Approval Date: City Manager Approval Summary Sheet Consider executing an agreement with Lockwood Technology Corporation for the purchase of a Mobile and Fixed Asset Inventory Management System. July 8th 2011 Department: Information Technology & Communications Project Manager: Rick White Item Summary: This would allow the purchase of a logistics and inventory management system that would initially be used in the Police Department but can be scaled -up for use by other city departments. Lockwood Technology was selected by city staff as the recommend vendor for this solution after a best -value evaluation by an inter -departmental team of proposals submitted through a formal request process. This purchase would replace the existing asset management system currently in place in the Police Department's Logistics & Research Unit with one that provides key features needed by that function. The application allows logistics personnel to quickly track on -hand and assigned equipment inventories and allows officers to request equipment on line. The system will improve the Department's efficiency in procurement, logistic operations, and asset management. City of Round Rock 130.0 Public Safety & Security 1 Task #21: 30.7.2. Research, develop, Strategic Plan Relevance: and utilize effective technologies to enhance police service Cost: $47,600.00 Source of Funds: General Self -Financed Construction REV. 3/8/10 CITY OF ROUND ROCK CONSULTING SERVICES AGREEMENT FOR PURCHASE OF SOFTWARE, TRAINING, INSTALLATION, INTEGRATION AND IMPLEMENTATION SERVICES FOR CITYWIDE MOBILE AND FIXED ASSET INVENTORY MANAGEMENT SYSTEM WITH LOCKWOOD TECHNOLOGY CORPORATION THIS AGREEMENT for consulting services for purchase of software, training, installation, integration and implementation services for the Citywide Mobile and Fixed Asset Inventory Management System Project (the "Agreement") is made by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation with offices located at 221 East Main Street, Round Rock, Texas 78664-5299 (the "City"), and LOCKWOOD TECHNOLOGY CORPORATION, with offices located at 25 Constitution Drive, Ste.102 Bedford, New Hampshire 03110 (the "Consultant" or "Lockwood"). RECITALS: WHEREAS, City has determined that there is a need for the delineated services; and WHEREAS, City desires to contract for such professional services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE, DURATION, AND TERM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be until full and satisfactory completion of the work specified is achieved, but in no event later than six (6) months from the effective date hereof. City reserves the right to review the Agreement at any time, and may elect to terminate the Agreement with or without cause or may elect to continue. 1.02 CONTRACT AMOUNT In consideration for the software, training, installation, integration, implementation, and consulting services to be performed by Lockwood, City agrees to pay Lockwood a total sum not to exceed Forty-seven Thousand Six Hundred and 00/100 Dollars ($47,600.00), in payment for services as delineated in Exhibit "A" and herein in Section 1.03. 014-11-07-111-2_, 221394/jkg 1.03 SCOPE OF WORK For purposes of this Agreement, Lockwood has issued its scope of work for the assignments delineated herein, modified as indicated on the exhibit by City, and such scope of work is entitled "Asset Inventory System Proposal" and is recited in Exhibit "A" attached hereto and incorporated herein by reference for all purposes. This Agreement shall evidence the entire understanding and agreement between the parties and shall supersede any prior proposals, correspondence or discussions. Lockwood shall satisfactorily provide all services and deliverables described under the referenced scope of work within the contract term specified in Section 1.01. Lockwood's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Lockwood has been specifically engaged. Lockwood shall perform its services in accordance with this Agreement and in accordance with the referenced scope of work. Lockwood shall perform its services in a professional and workmanlike manner. Required segments delineated in the scope of work are as follows: System Purchase and Year 1 Support $35,000.00 Set -Up and Training $0 Annual Maintenance (Years 2 & 3 Support) $12,600.00 TOTAL $47,600.00 Lockwood shall not undertake work that is beyond the scope of work set forth in Exhibit "A" and in this Section 1.03. However, either party may make written requests for changes to the scope of work. To be effective, a change to the scope of work must be negotiated and agreed to in all relevant details, and must be embodied in a valid Supplemental Agreement as described in Section 1.05 hereof. 1.04 PAYMENT FOR GOODS AND SERVICES; NO REIMBURSABLE EXPENSES Payment for Goods and Services: In consideration for the goods and consulting services to be performed by Lockwood, City agrees to pay Lockwood the following: Not -to -Exceed Total Payment for Goods and Services: Unless subsequently changed by Supplemental Agreement, Lockwood's total compensation for goods and services hereunder shall not exceed $47,600.00. This amount represents the absolute limit of City's liability to Lockwood hereunder unless same shall be changed by Supplemental Agreement, and City shall pay, strictly within the not -to -exceed sum recited herein, Lockwood's fees for goods delivered and work done on behalf of City. Payment for Reimbursable Expenses: No reimbursable expenses are included as part of the not -to -exceed fee of $47,600.00 recited herein and in Section 1.02, and no additional payment shall be made by City to Lockwood for reimbursable expenses. Deductions: No deductions shall be made for Lockwood's compensation on account of penalty, liquidated damages or other sums withheld from payments to Lockwood. 2 Additions: No additions shall be made to Lockwood's compensation based upon project claims, whether paid by City or denied. 1.05 SUPPLEMENTAL AGREEMENT The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by the City Council or by the City Manager, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Lockwood shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Lockwood shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Lockwood nor for any costs incurred by Lockwood relating to additional work not directly authorized by Supplemental Agreement. 1.06 INVOICE REQUIREMENTS; TERMS OF PAYMENT Invoices: To receive payment, Lockwood shall prepare and submit detailed invoices to City, in accordance with the delineation contained herein, for goods and services rendered. Such invoices shall track the referenced scope of work, and shall detail the goods and services performed, along with documentation for each. Payment to Lockwood shall be made on the basis of the invoices submitted by Lockwood and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by City relative to deliverables, Lockwood shall comply promptly. In this regard, should City determine it necessary, Lockwood shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. Payment of Invoices: City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Lockwood and to adjust same to meet the requirements of this Agreement. Following approval of an invoice, City shall endeavor to pay Lockwood promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 1.09 herein. Under no circumstances shall Lockwood be entitled to receive interest on payments which are late because of a good faith dispute between Lockwood and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Lockwood's net income. 1.07 LIMITATION TO SCOPE OF WORK Lockwood and City agree that the services to be performed are enumerated in Exhibit "A" and in Section 1.03 herein, and may not be changed without the express written agreement of the parties. Notwithstanding anything herein to the contrary, the parties agree that City retains absolute discretion and authority for all funding decisions, such to be based solely on criteria accepted by City which may be influenced by but not be dependent on Lockwood's work. 3 1.08 NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the goods and services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Lockwood a written notice of termination at the end of its then -current fiscal year. 1.09 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by City to Lockwood will be made within thirty (30) days of the date City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date City receives a correct invoice for the goods or services, whichever is later. Lockwood may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event: (1) There is a bona fide dispute between City and Lockwood, a contractor, subcontractor, or supplier about the goods delivered or the service performed that causes the payment to be late; or (2) There is a bona fide dispute between Lockwood and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or (3) (4) The invoice is not mailed to City in strict accordance with any instruction on the purchase order relating to the payment. 1.10 TERMINATION This Agreement may be terminated for any of the following conditions: (1) By City for reasons of its own, with or without cause, and not subject to the mutual consent of any other party, such written termination notice to be given to Lockwood not less than thirty (30) days prior to termination. (2) By mutual agreement and consent of the parties, such agreement to be in writing. (3) By either party for failure by the other party to perform the services set forth herein in a satisfactory manner, such termination notice to be given in writing to the other party. 4 (4) By either party for failure by the other party to fulfill its obligations herein. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement without cause and for convenience under Section 1.10(1) herein, it is agreed by Lockwood that immediately upon receipt of said notice all work being performed under this Agreement shall cease. Lockwood shall invoice City for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior to the receipt of said notice of termination. Lockwood shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, all data, information, and work product related to this project shall become the property of City upon termination of this Agreement, and shall be promptly delivered to City in a reasonably organized form without restriction on future use. Should City subsequently contract with a new consultant for continuation of service on the project, Lockwood shall cooperate in providing information. Should City terminate this Agreement under any portion of Section 1.10 herein, no fees other than fees due and payable at the time of termination shall thereafter be paid to Lockwood. City shall pay Lockwood for all uncontested services performed to date of notice of termination. The termination of this Agreement as set forth in this section shall extinguish all rights, duties, and obligations of City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to cancellation. Nothing contained in this section shall require City to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. 1.11 DEFAULT Either party may terminate this Agreement, in whole or in part, for default if the terminating party provides the other party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the parties). If default results in termination of this Agreement, then City shall give consideration to the actual costs incurred by Lockwood in performing the work to the date of default. The cost of the work that is useable to City, the cost to City of employing another firm to complete the useable work, and other factors will affect the value to City of the work performed at the time of default. Neither party shall be entitled to any lost or anticipated profits for work terminated for default hereunder. The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating Party and the terminated Party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. 5 Nothing contained in this section shall require City to pay for any work which it deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement. 1.12 INDEPENDENT CONTRACTOR STATUS Lockwood is an independent contractor, and is not City's employee. Lockwood's employees or subcontractors are not City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Lockwood and City agree to the following rights consistent with an independent contractor relationship: (1) Lockwood has the right to perform services for others during the term hereof. (2) Lockwood has the sole right to control and direct the means, manner and method by which it performs its services required by this Agreement. Lockwood has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Lockwood or its employees or subcontractors shall perform services required hereunder, and City shall not hire, supervise, or pay assistants to help Lockwood. Neither Lockwood nor its employees or subcontractors shall receive training from City in skills necessary to perform services required by this Agreement. (6) City shall not require Lockwood or its employees or subcontractors to devote full time to performing the services required by this Agreement. Neither Lockwood nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. (3) (5) (7) 1.13 NON -SOLICITATION Except as may be otherwise agreed in writing, during the term of this Agreement and for twelve (12) months thereafter, neither City nor Lockwood shall offer employment to or shall employ any person employed then or within the preceding twelve (12) months by the other or any affiliate of the other if such person was involved, directly or indirectly, in the performance of this Agreement. This provision shall not prohibit the hiring of any person who was solicited solely through a newspaper advertisement or other general solicitation. 1.14 CITY'S RESPONSIBILITIES Full information: City shall provide full information regarding project requirements. City shall have the responsibility of providing Lockwood with such documentation and information as is reasonably required to enable Lockwood to provide the services called for. City shall require its employees and any third parties who are otherwise assisting, advising or representing City to cooperate on a timely basis with Lockwood in the provision of its services. 6 Lockwood may rely upon written information provided by City and its employees and agents as accurate and complete. Lockwood may rely upon any written directives provided by City or its designated representative concerning provision of services as accurate and complete. 1.15 CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials furnished by City for use by Lockwood in connection with services to be performed under this Agreement, and any and all data and information gathered by Lockwood, shall be held in confidence by Lockwood as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the performance of this Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that City is subject to the Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to City's business and any other information which reasonably should be understood to be confidential to City is confidential information of City. Lockwood's proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information which reasonably should be understood to be confidential to Lockwood is confidential information of Lockwood. City's confidential information and Lockwood's confidential information is collectively referred to as "Confidential Information." Each party shall use Confidential Information of the other party only in furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party's prior written consent, which consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the confidentiality of the other party's Confidential Information and to advise their employees of the confidential nature of the Confidential Information and of the prohibitions herein. Notwithstanding anything to the contrary contained herein, neither party shall be obligated to treat as confidential any information disclosed by the other party (the "Disclosing Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing Party; (2) is released by the Disclosing Party to any other person or entity (including governmental agencies) without restriction; (3) is independently developed by the recipient without any reliance on Confidential Information; or (4) is or later becomes publicly available without violation of this Agreement or may be lawfully obtained by a party from any non-party. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement) the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Lockwood's confidentiality obligations under this Agreement, nothing herein shall preclude or limit Lockwood from providing similar services for other clients. 7 Neither City nor Lockwood will be liable to the other for inadvertent or accidental disclosure of Confidential Information if the disclosure occurs notwithstanding the party's exercise of the same level of protection and care that such party customarily uses in safeguarding its own proprietary and confidential information. Notwithstanding anything to the contrary in this Agreement, City will own as its sole property all written materials created, developed, gathered, or originally prepared expressly for City and delivered to City under the terms of this Agreement; and Lockwood shall own any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, or other similar information which may have been discovered, created, developed or derived by Lockwood either prior to or as a result of its provision of services under this Agreement. 1.16 LIMITATION OF LIABILITY Should any of Lockwood's services not conform to the requirements of City or of this Agreement, then and in that event City shall give written notification to Lockwood; thereafter, (a) Lockwood shall either promptly re -perform such services to City's satisfaction at no additional charge, or (b) if such deficient services cannot be cured within the cure period set forth herein in Section 1.11, then this Agreement may be terminated for default. In no event will Lockwood be liable for any loss, damage, cost or expense attributable to negligence, willful misconduct or misrepresentations by City, its directors, employees or agents. In no event shall Lockwood be liable to City, by reason of any act or omission relating to the services provided under this Agreement (including the negligence of Lockwood), whether a claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive, special or similar damages relating to or arising from the services, or (b) in any event, in the aggregate, for any amount in excess of the total fees paid by City to Lockwood under this Agreement, except to the extent determined to have resulted from Lockwood's gross negligence, willful misconduct or fraudulent acts relating to the service provided hereunder. 1.17 INDEMNIFICATION Lockwood and City each agree to indemnify, defend and hold harmless the other from and against amounts payable under any judgment, verdict, court order or settlement for death or bodily injury or the damage to or loss or destruction of any real or tangible property to the extent arising out of the indemnitor's negligence in the performance of this Agreement. Lockwood agrees to indemnify, defend and hold harmless City from and against any and all amounts payable under any judgment, verdict, court order or settlement for Third Party claims of infringement of any trade secrets, copyrights, trademarks or trade names alleged to have occurred and arising from the deliverables provided by Lockwood to City in connection with the performance of this Agreement. Should City's use of such deliverables be determined to have infringed, Lockwood may, at its option: (a) procure for City the right to continue using such deliverables provided or (b) replace or modify them to make their use non -infringing while yielding substantially equivalent results. If neither of the above options is or would be available on a basis that is commercially reasonable, then Lockwood may terminate this Agreement, City 8 shall return such deliverables provided, and Lockwood will refund to City the fees paid for the deliverables provided. This infringement indemnity does not cover claims arising from the combination of such deliverables with products or services not provided by Lockwood; the modification of such deliverables by any person other than Lockwood; deliverables complying with or based upon (1) designs provided by or at the direction of City or (2) specifications or other information provided by or at the direction of City; or use of systems, materials or work performed in a manner not permitted hereunder or by another obligation of City to Lockwood. The indemnities in this section are contingent upon: (1) the indemnified party promptly notifying the indemnifying party in writing of any claim which gives rise to a claim for indemnification hereunder; (2) the indemnifying party being allowed to participate in the defense and settlement of such claim; and (3) the indemnified party cooperating with all reasonable requests of the indemnifying party (at the indemnifying party's expense) in defending or settling a claim. The indemnified party shall have the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel. 1.18 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval, which approval shall not be unreasonably withheld. 1.19 LOCAL, STATE AND FEDERAL TAXES Lockwood shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: (1) Withhold FICA from Lockwood's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Lockwood's behalf; or (3) Withhold state or federal income tax from any of Lockwood's payments. If requested, City shall provide a State Comptroller certificate indicating that City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 1.20 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Lockwood, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Lockwood shall further obtain all permits, licenses, trademarks, or copyrights required in the performance of the services contracted for herein, and same shall belong solely to City at the expiration of the term of this Agreement. 9 1.21 DESIGNATION OF REPRESENTATIVES City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Daniel Saucedo, IT Systems Administrator 221 East Main Street Round Rock, TX 78664 Lockwood hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Brad Vinecombe, President 25 Constitution Drive, Ste. 102 Bedford, NH 03110 E-mail: bradv@lockwoodtechnology.com 1.22 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (1) When delivered personally to recipient's address as stated herein; or (2) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Lockwood: Brad Vinecombe, President 25 Constitution Drive, Ste. 102 Bedford, NH 03110 E-mail: bradv@lockwoodtechnology.com Notice to the City: City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 AND TO: Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of City and Lockwood. 10 1.23 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of Texas. 1.24 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. The parties expressly agree that, in the event of any conflict between the terms of this Agreement and any other writing, including exhibits, this Agreement shall take precedence in every instance and shall prevail. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 1.25 DISPUTE RESOLUTION If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City shall select one mediator and Lockwood shall select one mediator and those two mediators shall agree upon a third mediator. Any costs and fees, other than attorneys fees, associated with the mediation shall be shared equally by the parties. City and Lockwood hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 1.26 FORCE MAJEURE Notwithstanding any other provisions hereof to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Lockwood shall not be deemed to be in default of its obligations to City if its failure to perform or its substantial delay in performance is due to City's failure to timely provide requested information, data, documentation, or other material necessary from it for Lockwood to perform its obligations hereunder. 11 1.27 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.28 STANDARD OF CARE Lockwood represents that it is specially trained, experienced and competent to perform all services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Lockwood or designated subcontractors, in a manner acceptable to City and according to generally accepted business practices. 1.29 GENERAL AND MISCELLANEOUS The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. No delay or omission by either party in exercising any right/power shall impair such right/power or be construed to be a waiver. A waiver by either party of any covenant to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or any other covenant. No waiver or discharge shall be valid unless in writing and signed by an authorized representative of the party against whom it is sought to be enforced. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. City agrees to provide Lockwood with one fully executed original. IN WITNESS WHEREOF, the parties have executed this Agreement on indicated dates. City of Round Rock, Texas By: Printed Name: ST'E'M nMOilooiJ Title: Lir? M • . ER.,. Date Signed: 7 For City, Attest: By: ./-. dIVIVqt Sara L. White, City Secretary 12 '."‘escsocck-- By: (i2 Prin ed Name: f ru U Title: ?i2; a,>--k- Date Signed: yArn t c� a ()1 For Ci , • pproved as t Form: L L. Sheets, City Attorney 4.1 Title Page 1 1 1 1 1 1 1 1 1 1 1 1 Asset Inventory System Proposal Presentation to The City of Round Rock, Texas ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Respectfully submitted by Lockwood Technology Corporation In response to solicitation number 11-005 for a Mobile & Fixed Asset Inventory System January 5th, 2011 Lockwood Technology Corporation 25 Constitution Drive, Bedford, New Hampshire 03110, Tel: 877.276.5848 Fax: 603.472.5436 Page 1 1 EXHIBIT "A" 4.2 Letter of Transmittal DATE: SUBJECT: January 5th 2011 The City of Round Rock, Texas Solicitation # 11-005, Mobile and Fixed Asset Inventory System To whom it may concern, On behalf of Lockwood Technology Corporation, I am submitting this correspondence for the purpose of notifying The City of Round Rock, Texas, of Lockwood's intent to respond to Solicitation # 11-005, Specification # 11-208-55 (Solicitation) to provide a mobile and fixed asset inventory software system. I understand that Lockwood's response must meet the minimum requirements set out in the Solicitation under Part I11— Specification, Critical Requirements. Lockwood's system will satisfy all stipulated requirements (items 2.1 through 2.12) as well as those outlined under the Additional Considerations section (items 3.1 through 3.3). Lockwood has read and understands the definitions, terms and conditions and accepts all. 1 also understand and will comply with the proposal submission requirements (proposal not to exceed 20 single -side 8x11 pages, 7 copies — 6 bound and 1 unbound) to be delivered to the City on or before January 11th, 2011. In addition to me, Bruno Riegl is authorized to make representations concerning Lockwood and its response to the Solicitation. Contact information follows: Brad Vinecombe 25 Constitution Drive Bedford, New Hampshire 03110 Tel: (603) 472-2349 Fax: (603) 472-5436 Email: BradV@Lockwoodtechnology.com Sincerely, Bradford L. Vinecombe President Bruno Riegl 1407 3rd Ave West Seattle, Washington 98119 (206) 310-2400 Fax: (603) 472-5436 BrunoR@Lockwoodtechnology.com Bruno J. Riegl Vice President Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 2 1 1 1 4.3 Table of Contents Table of Contents Past Performance 4 Oklahoma County Sheriff's Office 4 Brevard County Fire Rescue 4 City of Hialeah 4 Tarrant County 5 Deep East Texas Workforce Development Board 5 About Lockwood 6 Proposed System 7 Summary 7 Software 7 Software Characteristics 7 Modules 8 Architecture & Technical Specifications 9 Software Descriptions 10 AssetTracker 10 StockManager 11 EventManager Services 12 Cost Proposal 15 Appendix 16 Services 12 16 Asset Tags 16 Hardware 16 Solicitation # 11-005 Mobile and Fixed Asset inventory Systems Page 3 1 1 1 1 ii 1 1 1 1 4.4 Previous Performance/Experience Past Performance Oklahoma County Sheriff's Office (OK) The Oklahoma County Sheriffs Office uses Lockwood's turnkey solutions for tracking and managing consumable supplies and physical assets at the county jail and eight satellite locations. Physical assets consist of items such as computers, property assigned to officers and employees, and cruisers and installed equipment. Lockwood's software is integrated with the department's Oracle -based financial system and asset register, and is used to reconcile physical assets in the department's operational and financial reporting systems. For references contact Lieutenant Gary Kinney — tel: 405.713.1021 or e-mail: sogarkin@oklahomacounty.org Brevard County Fire Rescue (FL) Brevard County Fire Rescue (BCFR) uses Lockwood's asset and inventory management systems to track and report on the status of physical assets. Assets include computers, vehicles and firefighting apparatus. BCFR uses barcode technology in conjunction with Lockwood's backend asset management and mobility software for this purpose. BCFR's logistics department also uses Lockwood's consumable supply chain software to manage and administer supplies at its main warehouse and 40 satellite facilities. Facilities include fire, EMS and lifeguard stations. BCFR's logistics department also uses Lockwood's backend supply software in conjunction with the company's Web -enabled remote supply re -order software. Using the system, remote stations can initiate re -order requests over the county's Intranet, and automatically integrate into the county's backend supply system that is used to manage the main warehouse and inventories. The logistics department also uses Lockwood's mobility software for conducting physical inventory of on -hand supplies. For references contact Thomas Leonard — tel: 321.633.2056 or e-mail Thomas.Leonard@Brevardcounty.us City of Hialeah (FL) Hialeah Fire Rescue (HFR) uses Lockwood's integrated solutions to track and manage consumable supplies, controlled substances, radios, vehicles, and firefighting and hazmat equipment. HFR uses radio frequency identification (RFID) technology to track and manage property. Lockwood personnel initially conducted a complete physical inventory of HFR supplies and physical assets, and affixed combination barcode/RFID tags to each item while compiling a reconciled database for HFR. Lockwood also implemented a consumable inventory and warehouse management application, and an operational asset tracking and management solution. Lockwood deployed stationary RFID readers at critical control points in eight facilities, enabling HFR to track items as they enter and leave specific locations, while providing real-time notification of item movement. Lockwood supplied and configured wireless handheld readers with Lockwood mobility software. HFR personnel use these devices to quickly scan and verify that the inventory of vehicle equipment is complete before and after responding to incidents. The automation of this reconciliation has improved the accuracy of real-time equipment verification and significantly reduced the time needed to perform inventories. Lockwood also provided mobile Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 4 1 1 information systems for automating a variety of field activities such as fire hydrant inspections and maintenance, and crises response such as patient and triage tracking during mass casualty events. For references contact Chief Robert Costa — tel: 305.883.6948. Tarrant County (TX) Tarrant County uses Lockwood's asset management software to track and account for fixed assets including furniture, fixtures, computers and audio/video equipment. Lockwood initially conducted a complete physical inventory of Tarrant County's fixed assets, compiled a current database and tagged each item with a barcode label. The integrity of the data was maintained by using Lockwood's software. Tarrant County personnel conduct follow-on physical counts using Lockwood's mobility software. For references contact Kathie Cutrer—tel: 817.413.4449 or email Kathie.Cutrer@twc.state.tx.us Deep East Texas Workforce Development Board (TX) The Deep East Texas Workforce Development Board (DETWDB) uses Lockwood's asset management software to track and account for fixed assets such as furniture, fixtures, computers and audio/video equipment. Lockwood initially conducted a complete physical inventory of DETWDB's fixed assets, compiled a current database and barcode tagged each piece of property. DETWDB personnel now conduct follow-on physical counts using Lockwood's mobility software to maintain the ongoing integrity of data. For references contact Kimberly Moulder — tel: 936.639.8898 or email Kimberly.Moulder@twc.state.tx.us /..-\11---/ IN_. Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 5 1 1 1 4.5 Available Resources and Location About Lockwood Lockwood (www.lockwoodtechnology.com) is a privately -held company headquartered in New Hampshire with offices in Florida and Washington state. Established in 1994, Lockwood specializes in providing turnkey asset tracking and management solutions that are tightly -integrated with automated data capture (ADC) hardware. Lockwood's software seamlessly integrates ADC technologies such as barcode and radio frequency identification (RFID) with Lockwood's own AssetTracker and third -party backend databases. Lockwood's software is mature and stable, and currently in version 10.0 release. It is designed to be easily used by non-technical personnel, with interfaces that are readily recognized by users familiar with Microsoft products. Lockwood is a certified independent software vendor and system integration partner with industry leading barcode and RFID hardware manufacturers such as Motorola, Intermec, Alien and Impinj. Its products integrate with barcode symbology codes 128 & 39, and Electronic Product Code (EPC) Gen2 standards for RFID. With its integration of Microsoft BizTalk RFID and BizTalk Mobile technologies, Lockwood's software interoperates with all primary equipment vendors and all EPC Gen2 RFID tag manufacturers. Lockwood's software, products and services are used by over 1,500 customers, including many global Fortune 500 enterprises. Customers also include federal, state and local government organizations and DoD agencies. Lockwood offers a complete end-to-end asset management solution, including: r, Best practices consulting for refining business practices Physical inventory counts and reconciliation Affixing barcode and/or RFID asset tags Installing and integrating Lockwood asset management software Provisioning and installing barcode and RFID hardware Training and supporting end users and internal IT personnel Lockwood employees are comprised of software engineers, consultants and service delivery personnel who would conduct all activities associated with Lockwood's offering as described in this submission. Lockwood's software automates the following lifecycle activities: L..j -'Y Procurement Shipping and Receiving Finance Asset tracking and management Physical inventory counts and reconciliation Consumable supplies and inventory management First responder field activities Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 6 4.6 System Features and Proposal Proposed System Summary ary Lockwood proposes a software system that will meet all critical requirements and additional considerations as stipulated by the City of Round Rock (the City) in the Solicitation. lase escription Software Lockwood will implement V10.0 of its enterprise mobile, fixed asset and inventory control software as defined in Table 3 below. Support Lockwood will set up the system, train end users, support iT through Lockwood's remote help desk, and provide free ongoing technical support for a period of one year from the date of installation. Additional years' support and maintenance can be contracted on an annual basis. Table 1 Software Lockwood's proposed software solution is comprised of the following applications: ,-; Two dedicated backend transaction processing applications • One for fixed assets • One for consumable supplies and inventory =r� Three Web -enabled applications • One frontend to the fixed asset backend • One frontend to the embedded help desk feature of the fixed asset backend • One frontend to the consumable supplies and inventory backend One system service application used to monitor and react to user -defined conditions • One instance for the fixed asset system • One instance for the consumable supplies system Three mobile information applications • One for barcode applications • One for barcode/RFID applications • One to operate independently of the backend asset and consumable supply systems One RFID middleware application supporting stationary RFID hardware & mobile RFID equipment Software Characteristics Lockwood's software user interface follows standard MS Windows navigation methods and screen presentation. A user account is required to access the system, with all activity being recorded into an audit trail. The software features embedded document creation, links to external files, data import and export functions and interfaces to non -Lockwood software systems. The general software characteristics are summarized in Table 2 below. Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 7 1 1 1 Graphical User Interface Windows GUI with standard navigation methods such as mouse click, drag and drop, tabs, icons, command buttons, tool bars, logical folders and context -sensitive help. Help also includes automated training videos for all modules. Security User logon is integrated with Windows Active Directory. User entitlements are set by user group. The system uses digital certificates and generates a full unalterable audit trail of all activities. Organization information is stored in a central ODBC -compliant database and is organized by categories. Entitled users can create categories and sub -categories, organize screens, link information by category, and create custom data fields and logical folders. Scalability Information is stored in a scalable SQL Server relational database. Entitled users can add an unlimited number of data elements, categories and table elements. Relationships Items can be linked together in parent/child hierarchies with an unlimited number of sub -tiers. Hierarchies can be dynamic or static. Reporting Integrated with Crystal Reports, the system includes an intuitive, easy-to-use ad hoc reporting wizard, negating the need for users to write Crystal Reports syntax. Document Creation The system can be used to automatically create transaction -specific documents. It is tightly integrated with MS Word and word templates, which can be filed, printed, emailed and faxed directly from the system. Attachments The system provides logical links to external files such as scanned documents, pictures, diagrams, CAD layouts, video clips and executables that are associated directly to asset and property records. Integration Import/export routines are built into the system, which import and export data between backend systems, Lockwood's AssetTracker system and mobile RFID and barcode data capture devices. The system uses SSIS routines to interface with backend databases and supports data exchange with PeopleSoft and other systems. Interfaces T. L./...1 The system has embedded interfaces to third -party applications such as PeopleSoft and SAP. Modules Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 8 AssetTracker The backend transaction -processing software for tracking and managing asset - related data and information. AssetTracker is client/server based, i.e., client computers are used to access the SQL Server relational database on the server computer. All features and functionality are tightly integrated with Windows operating systems. RemoteLink A Web -based software application that provides Intranet access to the AssetTracker server database AssetTracker Mobile A browser -agnostic Web application that enables remotely located users to submit requests for assistance and review the status of their requests StockManager The backend transaction processing software used to manage and administer consumable supplies and inventories StockOrders A Web -enabled application providing Intranet access to StockManager Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 8 EventManager A sense -and -respond application, EventManager uses an intuitive wizard to enable users to define events and establish rules for reacting to them. The software runs as a system service that monitors events and reacts to them by sending alerts, e-mails, text messages, notifications and reminders by building and sending reports, triggering alarms and cameras, and/or by linking into building security systems. BarCode Collector A mobile barcode application compatible with Windows Mobile devices, it is used to conduct physical inventories and reconciliations. RFID Collector A mobile application compatible with Windows Mobile devices, it is used to conduct physical inventory and reconciliation using RFID and GPS technologies. SmartTracker A mobile application that allows users to create custom data collection forms on demand. It integrates with barcode, RFID, GPS, GSM, imaging and biometrics technologies. BizTalk Branch Tnhlo Middleware that manages RFID device firmware Architecture & Technical Specifications Lockwood's software is based on client/server architecture. Clients would be City desktop and laptop computers that connect to a relational database on a shared server located on the City's network. The server stores and manages access to asset data and related information, which is managed by the AssetTracker software. Client and server components are MS Windows compatible. Lockwood also proposes to provide RemoteLink, a Web interface application that would be installed and run on a City Web server. The Web application is compatible with Internet Explorer. Component Architecture +Co imt.;patitiit ties hitegrated' echnotogies AssetTracker Client/server XP, Vista, Windows 7 SQL Server 2005/2008 Barcode and RFID RemoteLink Web application IE AssetTracker Mobile Web application Supports all browsers StockManager Client/server XP, Vista, Windows 7 SQL Server 2005/2008 Barcode and RFID StockOrders Web application IE EventManager System service Windows server N/A BarCode Collector Mobile application Windows Mobile Barcode, digital imaging and GPS RFiD Collector Mobile application Windows Mobile Barcode, digital imaging, RFID, GPS and wireless transmission SmartTracker Mobile application Windows Mobile Barcode, digital imaging, RFID, GPS, biometrics and wireless transmission BizTalk Branch TnhII d Middleware XP, Vista, Windows 7 SQL Server 2005/2008 RFID — mobile and stationary Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 9 1 1 1 1 1 Software Descriptions AssetTracker AssetTracker is a backend transaction -processing application used to manage asset and property -related information. User logon is integrated with Active Directory, and user entitlements are defined within user groups. All transaction activity is recorded in an unalterable history file for audit purposes, showing before and after conditions. Information is stored in a SQL Server relational database. AssetTracker integrates with and manages data recorded by mobile and stationary ADC technologies. Key data capture functions are: Mobile Data Capture • Compatibility with barcode, RFID and GPS • Seamless data batch exchange between backend systems and mobile devices Stationary Data Capture • Compatibility with fixed barcode readers and printers ■ Movement tracking and data reconciliation with fixed RFID portals in real time • Transmission of automatic location updates to users' backend systems • Based on user defined rules, recording and distributing notifications and alerts when property movement is detected AssetTracker also includes a variety of asset management attributes and features, including: tti Information Management ■ Super user administration • Define asset categories and sub -categories Create, name and define an unlimited number of data elements on demand • Link data by category • Build and maintain lists Assign asset record keys such as serial and asset numbers Create data entry templates Assign access permissions • Link pictures, diagrams, video clips and scanned documents to asset and property files • Globally modify data for improved accuracy and time saving ■ Clone records for ease of input • Automatically generate forms and documents using embedded MS Word templates Assignment • Restrict information access and allocation by department, location and employee function • Allocate and track property to employees, contractors and vendors • Link data and information related to assets and property in relational hierarchies • Track and manage property check-in and check-out with automated notification functions Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 10 1 1 Financial • Link and record item purchase information ■ Attach purchase order, packing slip, invoices, etc. to property files • Calculate depreciation ■ Feed accumulated depreciation to third party systems such as PeopleSoft GL • Define and report funding sources including split funding sources • process and record disposals and replacements Maintenance and utilization • Manage preventative maintenance scheduling with automatic notifications and escalations • Manage help desk and work orders Contracts • Logically attach and link assets to contracts, such as maintenance agreements and leases • Track and manage contracts independent of specific assets • Track and manage software licenses ▪ Reporting • Integrates with Crystal Reports ■ Features an easy to use ad hoc query wizard Non-technical staff can use a point -and -click wizard to define and run reports Includes an option to export data to desktop AssetTracker Mobile This application allows a remote user with a Web connection to submit electronic help desk requests. Requests are inserted into the AssetTracker help desk queue for processing. Remote users can also use this application to check on the current status of their request(s). AssetTracker Mobile is browser agnostic. StockManager 1 StockManager is a consumables inventory control application that automates warehousing, logistics and distribution activities. The system automates many common warehousing and distribution activities including: Actions • Ordering and receiving • Reserving and consuming stock • Processing stock returns = Transferring stock and cross -dock activity • Stock picking • Cycle counting, physical inventory and reconciliation Stock control • Minimum and maximum stock level auto -detection with order alerts • Trend analysis and reordering notifications Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 11 1 1 • Embedded reconciliation features • Stock tracking integration with barcode and RFID technologies CI Mobile and stationary ADC equipment compatibility • Seamless batch exchange with mobile device t=� Information • Access controlled via secure user logon and entitlements • User logons integrated with ActiveDirectory • All activity is recorded into a secure audit trail • Setup options for defining stock items • Items can be associated into bill of materials hierarchies • Linkages to vendors and pricing Digital image linkage to items • Super users' ability to define an unlimited number of data elements, lists, locations, etc. • Logical association of scanned documents, pictures, video clips, diagrams, etc. • Automatic form and document generation using MS Word templates • Data import and export with third party systems such as PeopleSoft Reporting • Integration with Crystal Reports • Ad hoc query wizard for ease of data selection and report output generation • Point -and -click wizard enables definition and report runs by non-technical users • Embedded option to export data to desktops EventManager EventManager is an automated sense -and -respond application designed to monitor and react to user - defined unwanted incidents and expected events. EventManager runs as a system service on a database server and is integrated with AssetTracker. A super user utilizes a wizard to define triggers and actions. Triggers contain the elements for initiating a response to incidents and events. Actions are steps automatically taken by EventManager in response to triggers. For example: • Trigger - device XYZ is scheduled to be calibrated tomorrow at 3:00 PM EST • Action — Automatically instruct appropriate technician with scheduled activity request The example describes a relatively simple, one-dimensional planned event when a device is expected to be calibrated at a given point in time. The resulting action related to this trigger is to create a schedule and notify the proper technician of this activity. The rule could be more complex and further defined as a compound rule. For example: Cy • Trigger - device XYZ is scheduled to be calibrated tomorrow at 3:00 PM EST • Action - instruct appropriate technician with scheduled activity request • Action - monitor to insure that the actual schedule is carried out Trigger- if it is completed — the action is to reset the schedule for the next interval Trigger- if it is not completed — the action is to escalate the situation as instructed EventManager has direct access to information stored within the AssetTracker database. As information such as a schedule is adjusted, EventManager will react accordingly. Solicitation # 11-005 Mobile and Fixed Asset inventory Systems Page 12 1 1 Collector Software The Collector software represents a series of mobile information systems designed to allow an operator to gather information using a wireless handheld device and reconcile it to reference data. Reference data is typically asset or property information imported from a user's backend system, such as a fixed asset register. Collector software is integrated with a variety of automated data capture technologies in order to augment manual data entry. Information can be exchanged with various backend application databases using either batch exchange through a USB connection or wireless transmission. The features and attributes of Lockwood's mobile data collection applications are summarized in Table 5 below. *StockCollector has two embedded options, one for performing stock picking activities and the other for conducting physical inventory. SmartTracker features optional integration with Lockwood's SmartTracker Dashboard application. The Dashboard is used to collect, consolidate and report on information coming in from multiple mobile devices running the SmartTracker application. Services In addition to the asset management software, Lockwood will provide the City with installation, system setup, software integration, end user training and ongoing technical support. The service parameters are outlined in Table 5 below. ervic fescription aramete Installation The software is distributed as Windows Installer kits. Lockwood will provide software installation kits to the City's IT department and provide remote technical assistance. Kits and related assistance are limited to Lockwood software. It is expected that City IT personnel will have prepared the required operating and network environments in advance of the software installation. System setup Lockwood software is configurable in a number of areas including categories, sub -categories, user entitlements, data definitions, tables, lists, rules, events, reports and documents. Lockwood will evaluate the City's existing asset lifecycle, and use this information to guide City representatives through the system configuration and setup process. Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 13 Backend Integration Custom Data Onboard Reports Barcode RFID GPS Biometrics Barcode Collector AssetTracker ✓ ✓ ✓ V StockCollector* StockManager ✓ ✓ RFID Collector AssetTracker ✓ ✓ ✓ ✓ ✓ SmartTracker* None ✓ ✓ ✓ ✓ ✓ ✓ *StockCollector has two embedded options, one for performing stock picking activities and the other for conducting physical inventory. SmartTracker features optional integration with Lockwood's SmartTracker Dashboard application. The Dashboard is used to collect, consolidate and report on information coming in from multiple mobile devices running the SmartTracker application. Services In addition to the asset management software, Lockwood will provide the City with installation, system setup, software integration, end user training and ongoing technical support. The service parameters are outlined in Table 5 below. ervic fescription aramete Installation The software is distributed as Windows Installer kits. Lockwood will provide software installation kits to the City's IT department and provide remote technical assistance. Kits and related assistance are limited to Lockwood software. It is expected that City IT personnel will have prepared the required operating and network environments in advance of the software installation. System setup Lockwood software is configurable in a number of areas including categories, sub -categories, user entitlements, data definitions, tables, lists, rules, events, reports and documents. Lockwood will evaluate the City's existing asset lifecycle, and use this information to guide City representatives through the system configuration and setup process. Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 13 1 1 1 1 1 1 1 Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 14 Integration Lockwood uses SQL Server Integration Services (SSIS) to import and export information between Lockwood software and third -party applications. Lockwood will create, test and certify an SSIS interface between Lockwood's AssetTracker software and existing City systems. During evaluation of the City's environment, Lockwood will plan the integration to interact with the City's financial system. End user training Lockwood offers instructional materials and formal classes designed to prepare end users in the use of Lockwood's software products. Lockwood will provide: 1) user manuals and automated training videos for each software module 2) two days of on-site instructional classes and up to four hours of follow-on Web - based training sessions Technical support and maintenance Technical support is comprised of remote telephone assistance related to "how to" questions and problems of a technical nature. Included in Lockwood's maintenance support are all new system releases and upgrades. Support is contracted on an annual basis, with discounts for longer term agreements. Lockwood will include one year of technical support for all software licensed to the City. The support period wilt begin upon delivery of the software installation kits and expires 12 months after that date. Table 6 Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 14 4.7 Cost Proposal Cost Proposal (Revised Submission 02/15/2011) Services Notes Count Ext. Cost. Limited Enterprise Software included Asset Tracker - server 1 bundled AssetTracker 1 1 bundled RemoteLink 4 1 bundled AssetTrackerMobile 1 1 bundled StockManager 1 1 bundled Stock Orders 1 1 bundled EventManager 1 bundled BizTalk Branch 1 bundled Total enterprise software 2 35,000.00 Services Software installation included Software set-up included Training 3 included Hardware/software Integration 4 included Back -end Integration included Technical support & maintenance 2 included Total cost of services included Notes: (1) Limited to 5 simultaneous client/users (2) First year software support and maintenance included free. Subsequent years payable annually in advance - 21% for 1 year; 18% for 3 -years, 15% for 5 -years. Round Rock IT to do installation with remote Lockwood technical support (3) Two consecutive days of on-site training supplemented by up to four 1 -hour Web -based sessions for up to 5 participants each within 120 days of initial software purchase (4) Barcode Collector preloaded and tested on each data collection device by Lockwood - free installation if Lockwood supplies equipment - $100 installation charge per device if not supplied by Lockwood, exclusive of shipping charges 1 1 1 1 1 1 1 1 1 1 Appendix As a total solution provider, Lockwood is also able to provide the City with additional products and services not stipulated in the Solicitation, including physical inventory taking and asset tagging services, supplying barcode and RFID labels, and procuring, Installing and supporting barcode and RFID mobile and stationary equipment. Services Physical inventory planning and execution — Lockwood personnel prepare a detailed project plan and submit it for customer approval. The plan outlines schedules, data collection and tagging requirements. Once the plan has been approved, Lockwood employees conduct the actual physical count, using mobile data collection devices, and tag each asset using either a barcode or RFID tag. Inventory results are compiled and reconciled to existing internal data sources and uploaded into the appropriate Lockwood system database (fixed asset or consumable supply). Asset Tags Lockwood has significant experience with barcode and RFID tags, and can offer assistance with selection and procurement concerning a wide array of tag types, from standard off-the-shelf peel and stick, to ruggedized barcode and RFID tag types. Hardware Lockwood is certified as a systems integrator of automatic data capture (ADC) hardware by Motorola, Intermec, Alien and Impinj. Lockwood personnel have the expertise to procure, prepare and implement ADC hardware, in conjunction with software installations. The following chart highlights various ADC components that Lockwood can supply. tatianary (e er: fireless .arca MC70 #magftg MC75A MC9090G XR450 ✓ Industrial FX7400 AN 200 AN480 AN400 Table 7 POE -enabled In/outdoor antenna Mid-range antenna ✓ High performance antenna Solicitation # 11-005 Mobile and Fixed Asset Inventory Systems Page 16 SOLICITATION NUMBER 11-005 SPECIFICATION NUMBER 11-208-55 November 30, 2010 CITY OF ROUND ROCK REQUEST FOR PROPOSALS FOR CITY WIDE MOBILE AND FIXED ASSET INVENTORY MANGEMENT SYSTEM PART! GENERAL 1. PURPOSE: The City of Round Rock, herein after "City", seeks to contract with a qualified person, firm, or Corporation, hereafter referred to as "Respondent", to provide a software solution to catalogue, assign, track and manage City inventory. This software, herein "System", is intended to serve multiple departments and users. 2. BACKGROUND: Currently the City's Police Department, Fire Department and Waste Water Management Department have need for an inventory management system. The Police Department inventory is inclusive of officer gear and equipment assigned to each police vehicle. Fire Department inventory is inclusive of firefighter gear and equipment assigned to each fire apparatus. Waste Water Management inventory is inclusive of all line maintenance and repair supplies warehoused in that facility. 3. DEFINITIONS. TERMS AND CONDITIONS: By submitting a response to this solicitation, the Respondent agrees that the City's standard Definitions, Terms and Conditions shall govern unless specifically provided otherwise in a separate agreement or on the face of a purchase order. Said Definitions, Terms and Conditions are subject to change without notice. It is the sole responsibility of respondents to stay apprised of changes. A current draft of the City's Definitions, Terms and Conditions can be obtained from the City's website at http://www.roundrocktexas.gov/home/index.asp?page=463. 4. INSURANCE: The Vendor shall meet or exceed ALL insurance requirements set forth by the current draft of Insurance Requirements as identified on the City's website at http://www.roundrocktexas.gov/home/index.asp?page=463. 5. CLARIFICATION: For questions or clarification of specifications, you may contact: Joy Baggett Purchasing Department City of Round Rock Telephone: 512-218-6682 ibamett( round-rock.tx.us The individual listed above may be contacted by telephone or visited for clarification of the specifications only. No authority is intended or implied that specifications may be amended or alterations accepted prior to solicitation opening without written approval of the City of Round Rock through the Purchasing Division. Page 1 of 5 SOLICITATION NUMBER 11-005 SPECIFICATION NUMBER 11-208-55 November 30, 2010 PART I1 INSTRUCTIONS 1. PROPOSAL SCHEDULE: It is the City's intention to comply with the following proposal timeline: 1.1 Request for Proposals released 1.2 Pre -Proposal conference (Non -Mandatory) 2:00 PM Council Chambers Round Rock City Hall 221 E. Main Street Round rock, Texas 78664 1.3 Deadline for questions 1.4 City responses to all questions/addendums 1.5 Responses for RFP due by 3:00 p.m. 1.6 Oral Presentation (if necessary) 1.7 Award to Vendor December 3, 2010 December 14, 2010 December 17, 2010 December 28, 2010 January 11, 2011 February 7 — February 11, 2011 March 15, 2011 The City reserves the right to modify these dates at any time with appropriate notice to all prospective Respondents. 2. PROPOSAL DUE DATE: Signed and sealed proposals are due no later than 3:00 RM., on the due date noted above to the Purchasing Department. Mail or carry sealed proposals to: City of Round Rock Purchasing Office 221 E. Main Street Round Rock, Texas 78664-5299 2.1 Proposals received after this time and date will not be considered. 2.2 Sealed proposals shall be clearly marked on the outside of packaging with the RFP title, number, due date and "DO NOT OPEN". 2.3 Facsimile or electronically transmitted proposals are not acceptable. 2.4 Late proposals will be returned to Respondent unopened if return address is provided. 3. PRE -SOLICITATION MEETING: The City will conduct a pre -solicitation meeting for all interested Respondents to familiarize them with the specifications and to give all potential Respondents an opportunity to ask questions they may have concerning this solicitation. 3.1 Meeting date, time and location: 2:00 PM Council Chambers Round Rock City Hall 221 E. Main Street Round Rock, TX 78664 3.2 Attendance by teleconference is available by calling the number below at the appointed meeting time: 661-673-8600 Access Code: 329457* 2 of 5 SOLICITATION NUMBER 11-005 SPECIFICATION NUMBER 11-208-55 November 30, 2010 4. QUALIFICATIONS: The opening of a solicitation will not be construed as the City's acceptance of a Respondent as qualified and responsive. All Respondents shall: 4.1 Be firms, corporations, individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein. 4.2 Have adequate organization, facilities, equipment and personnel to ensure prompt and efficient service to the City. 4.3 Identify any subcontractors to be used for this project. Experience, qualifications and references of the sub respondents shall be submitted. The City reserves the right to approve or disapprove all sub respondents prior to and during any work being performed. 5. BEST VALUE EVALUATION AND CRITERIA: Respondents may be required to make an oral presentation to the selection team to further present their qualifications. These presentations will provide the Respondent the opportunity to clarify their proposal and ensure a mutual understanding of the services to be provided and the approach to be used. All proposals received shall be evaluated based on the best value for the City. In determining best value, the City may consider the following: 5.1 Purchase price and terms; 5.2 Reputation of Respondent and of Respondent's good and services; 5.3 Experience, qualifications and quality of the Respondent's goods and services; 5.4 The extent to which the goods and services meet the City's needs; 5.5 Respondent's past relationship with the City; 5.6 The total long-term cost to the Municipality to acquire the Respondent's goods or services; 5.7 Any relevant criteria specifically listed in the solicitation. 6. CONTRACT NEGOTIATIONS: In establishing an agreement as a result of the solicitation process, the City may: 6.1 Review all proposals and determine which Respondents are reasonably qualified for award of the contract. 6.2 Determine the Respondent whose submittal is most advantageous to the City considering the evaluation criteria. 6.3 Attempt to negotiate with the most responsive Respondent a contract at fair and reasonable terms, conditions and cost. 6.4 If negotiations are successful, enter into a contract or issue a purchase order. 6.5 If not successful, formally end negotiations with that Respondent. The City may then: 6.5.1 Select the next most highly qualified Respondent and attempt to negotiate a contract at fair and reasonable terms, conditions and cost with that Respondent. 6.5.2 The City shall continue this process until a contract is entered into or all negotiations are terminated. 6.6 The City also reserves the right to reject any or all submittals, or to accept any submittal deemed most advantageous, or to waive any irregularities or informalities in the submittal received. 3 of 5 SOLICITATION NUMBER 11-005 SPECIFICATION NUMBER 11-208-55 November 30, 2010 6.7 Split awards may be made at the sole discretion of the City. PART III SPECIFICATIONS 1. SCOPE OF WORK: The City of Round Rock, herein after "City", seeks to contract with a qualified person, firm, or Corporation, hereafter referred to as "Respondent", to provide a software solution to catalogue, assign, track and manage City inventory. This software, herein "System", is intended to serve multiple departments and users. 2. CRITICAL REQUIREMENTS: System objectives for the management of the City's existing and future inventory include: 2.1 Secure modules for each City department 2.2 Bar coding and RFID technology to integrate with City's existing tag systems 2.3 Data collection and system updates at terminal and by using handheld devices in the field 2.4 Multi-level nesting and parent/child relationship structure and management 2.5 Export and import functionality 2.6 Asset assignment, deployment, checkout and return 2.7 Depreciation, replacement and disposal scheduling 2.8 Asset tracking by asset number, manufacture date, purchase date and storage location 2.9 Stock control and order alerts 2.10 Equipment request submissions from staff 2.11 Network based interface 2.12 Detailed reporting function with data to be ODBC -Compliant 3. ADDITIONAL CONSIDERATIONS: These items, although not critical, may provide added value to a Respondent's proposal: 3.1 Compatibility with the City's PeopleSoft Financial System 3.2 Work order function with inventory integration 3.3 Existing vendor data import 4. PROPOSAL SUBMISSION REQUIREMENTS: To achieve a uniform review process and obtain the maximum degree of comparability, the proposals shall be organized in the manner specified below. Proposals shall not exceed twenty (20) pages in length (excluding title pages(s) and index/table of contents or dividers). Information in excess of those pages allowed will not be evaluated. One page shall be interpreted as one side of a double-spaced, printed, 8'/" X 11" sheet of paper. Font shall be no less than 10 point. Submit one (1) unbound original and six (6) bound copies of proposal. It is recommended that proposals not be submitted in ringed binders or metal spirals to conserve cost for both the Respondent and the City. Once submitted the proposals become the property of the City. 4 of 5 TAB #1 TAB #2 TAB #3 TAB #4 TAB #5 TAB #8 SOLICITATION NUMBER 11-005 SPECIFICATION NUMBER 11-208-55 November 30, 2010 4.1 Title Page (1 page) — Show the RFP title and number, the name of your firm, address, telephone number(s) name of contact person and date. 4.2 Letter of Transmittal (1 page) — Identify the RFP project for which proposal has been prepared. 4.2.1 Briefly state your firm's understanding of the services to be performed and make a positive commitment to provide the services as specified. 4.2.2 Provide the name(s) of the person(s) authorized to make representations for you, your firm or corporation, their titles, address, telephone numbers and e-mail address. 4.2.3 The letter of each proposal shall be signed in permanent ink by a corporate officer or other individual who has the authority to bind the firm. The name and title of the individuals(s) signing the proposal shall be clearly shown immediately below the signature. 4.3 Table of Contents (1 page) — Clearly identify the materials by Tab and Page Number. 4.4 Previous Performance/Experience — Provide detailed information on the firm and team's experience with providing inventory management systems as described in the Scope of Work. 4.4.1 Provide at least three references for which your firm has provided the same or similar services. Include a point of contact, current telephone number, e-mail and a brief description of the services provided. Any negative responses received may result in disqualification from consideration for award. Failure to include references with submittal may result in disqualification from consideration for award. 4.5 Available Resources and Location — Provide information on size, resources and business history of the firm. 4.6 System Features and Proposal — Respondent shall propose a recommended system that meets the City's critical requirements. 4.7 Cost Proposal — Respondent shall include a cost proposal to provide the System as described herein. Cost proposal shall be value engineered and the break -down shall specify the purchase, installation/set-up charge, maintenance fees, training costs and any additional fees associated with the use of the system. 5. DELIVERABLES: Upon award, the successful Respondent shall be responsible for, but not limited to providing the software and user manuals as described herein. 6. PROJECT ADMINSTRATOR: All work performed will be supervised and verified by the City representative noted below. Daniel Saucedo IT Department Office: (512) 218-5439 dsaucedoi round-rock.tx.us 5 of 5 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY CITY OF ROUND ROCK, TEXAS REQUEST FOR PROPOSAL CITY WIDE MOBILE AND FIXED ASSET INVENTORY MANAGEMENT SYSTEM RFP No. 11-005 Addendum No. 1 Date of Addendum: December 28, 2010 Please note the questions and answers, revisions or additions to the RFP referenced above. 1. Q: Will the City consider a vendor hosted solution? A: The City will consider both a vendor hosted and network hosted solution. 2. 0: What is the City's network composition? A: The City has 15 physical locations. Of these, 13 sites are connected to the City's network via fiber or T1 connectivity. The remaining two (Parks and Recreation Yard & the Water Plant) are connected via dedicated point to point wireless Cisco Aironet 350 series running up to 11 Mbps. 3. Q: What operating system does the City currently employ? A: The City network operating system is Microsoft Windows 2008 with Exchange 2008 and our supported workstations are running Windows XP, Vista and Windows 7. 4. Q: What are the City's existing database platforms? A: The City's preferred database platform is Microsoft Sequel Server 2005 or higher. The City also has instances of Oracle 10g and Sybase 12.5. 5. Q: Does the City currently utilize Legacy data loading? A: Yes but we are not sure as to what degree. 6. Q: Is it the City's intent to maintain separate systems for each department? A: For security purposes, the departmental inventory systems shall be separate. 7. Q: Will the City consider more than one submittal from each company? A: Yes. Submit each under separate cover. 8. Q: Where is the current asset/inventory data and what type of data is available? A: Currently the data is housed separately for each department across various platforms. Each can be extracted for conversion. Types of data include purchase date, item name, number, etc. 9. Q: How many users will be required and will they all require training? A: The City anticipates 20 total concurrent users and requests a cost per license for each. Please provide cost for training all users. 10. Q: What is the current tagging system? Is there an RFID software in place or is the intent to replace the current barcode and RFID software? A: Currently there is no RFID in place. The WWLM department's inventory is tracked through Cartegraph but the tagging system is outdated. The intent is implement a new tagging system, however, the City is reluctant to adopt a system that utilizes expensive tags. 11. Q: Can the City provide an example of "nesting" and the parent/child relationship? A: This is best illustrated through the Police Department's configuration of assets assigned to an officer, assets assigned to a vehicle and then an officer assigned to a vehicle. 12. Q: Are any items "hard to tag" such as oxygen cylinders? A: Yes. 13. Q: What type of data is to be collected in the field? A: Item name, department number, serial number, parent/child assignment, etc. Data to be collected in the field shall be comprehensive and allow for real time updates to inventory without a tech having to write notes and then return to a terminal to input data. 14. Q: Will the City consider hand held devices? A: The City seeks five (5) durable hand held devices with each being networked into the system. 15. Q: What export and import functionality does the City require? A: The system must be able to integrate with other City platforms. We would prefer a CSV file format or XML file format. 16. Q: What is meant by disposal scheduling? A: Some assets have an expiration date. The proposed system must provide a method of monitoring such information. 17. Q: What is the City seeking for stock control and order alerts? A: The City is seeking a system that alerts the department when an inventory category is low to allow for timely ordering. 18. Q: Is the Work Order function to be addressed as an add -alternative for pricing and what is the current Work Order system? A: Yes, the Work Order function is to be priced separately. Currently the WWLM Department utilizes Cartegraph for its Work Orders. 19. Q: What is the asset assignment cycle? A: Currently the Police and Fire Departments assign and surrender inventory with new hires and terminations. Public Works assigns heavy equipment for scheduled maintenance. 20. Q: Does the City seek to track warranty information for assets? A: Yes. 21. Q: What data will PeopleSoft be sourced for and integrated with? A: Vendor information, commodity codes, etc. 22. Q: What version and modules of PeopleSoft are currently installed? A: Peoplesoft 9.1 with Peopletools 8.50. 23. Q: Does the City seek to allow employees to request an item? A: Yes. 24. Q: How is the City's storage currently configured? A: Each City department is currently responsible for its own storage. Facilities vary in size and configuration. 25. Q: Can the City estimate how many unique assets are to be managed? A: Not at this time. 26. Q: Will each City department be responsible for their own equipment? A: Largely, yes. 27. Q: Are evidence items currently tracked and should those items be considered inventory for the sake of this proposal? A: Yes. 28. Q: What assets are to be tracked within the WWLM Department? A: Pipeline repair supplies and fittings. 29. Q: Is the City interested in GIS capability for the asset inventory system? A: No. However, the City would like to know if the proposed system has GIS functionality and how it can be leveraged in the future. 30. Q: Will the City please share the budget for this project? A: No. It is policy not to disclose budget at this time. 31. Q: What level or effort do you foresee the vendor contributing to the system implementation? A: Design, installation, training and post installation support. 32. Q: Do the submittal instructions require 6 or 8 tabs? A: Six. 33. Q: A: Approved by If a sample contract is included in the submittal does that count toward the 20 page limit? If extra pages are needed to provide the sample contract, please place in the ATTACHEMENTS section of the proposal. Joy Baggett, Purchaser By the signatures affixed below, Addendum No. 1 is hereby incorporated into and made a part of the above referenced RFP. ACKNOWLEDGED Vendor Authorized Signature Date RETURN ONE COPY SIGNED COPY OF THIS ADDENDUM TO THE PURCHASING OFFICE WITH YOUR SEALED BID. FAILURE TO DO SO MAY AUTOMATICALLY DISQUALIFY YOUR RESPONSE FROM CONSIDERATION FOR AWARD.