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HomeMy WebLinkAboutR-00-0385J-00-403 4/27/00 '� a-3 � 5RESOLUTION NO. t 0— "c A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS (4/5T11) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE, AND WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS; APPROVING THE ACQUISITION OF TELESTAFF, AN AUTOMATED STAFFING SOFTWARE PROGRAM, FROM PRINCIPAL DECISION SYSTEMS INTERNATIONAL ("PDSI"), THE SOLE SOURCE PROVIDER, FOR THE DEPARTMENT OF FIRE -RESCUE, IN AN AMOUNT NOT TO EXCEED $102,000, PLUS THE PROCUREMENT OF SERVICE AND SUPPORT FOR THE SYSTEM, IN AN ANNUAL AMOUNT OF $13,824, BEGINNING THE SECOND YEAR, WITH THE OPTION TO EXTEND SAID SERVICE AND SUPPORT FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS AT A MAXIMUM 5% INCREASE PER YEAR, CONTINGENT UPON THE AVAILABILITY OF FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH PDSI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; ALLOCATING FUNDS THEREFOR FROM CIP PROJECT NO. 313303, ACCOUNT NO. 289401.6.840, FUNDED BY THE FIRE ASSESSMENT. WHEREAS, the Department of Fire -Rescue has a need for a software program to computerize administrative and personnel functions; and WHEREAS, the TeleStaff automated staffing software program was designed for public health and safety industries to automate placement of inbound and outbound phone calls, maintenance of an audit trail of personnel management rules and practices, CITY COMMISSION MEETING OF MAY 1 1 2000 ppes noon N� k 'I E�% g ;: management of internal human resource policies, record payroll data and other time and money saving advantages; and WHEREAS, the Chief Procurement Officer has adopted a finding that Principal Decision Systems International ("PDS -T") is the only supplier of the TeleStaff program; and WHEREAS, the finding of the Chief Procurement Officer has been approved and adopted as the finding of the City Manager; and WHEREAS, the City Manager and the Chief of the Fire Department recommend that the requirements for competitive sealed bids be waived and the purchase of the TeleStaff program from PDSI, the sole source provider, be approved; and WHEREAS, funds are available from Capital Improvement Project No. 313303, Account No. 289401.6.840, funded by the Fire Assessment; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference "-10- Page 2 of 4 thereto and incorporated herein as if fully set forth in this Section. Section 2. By a four-fifths (4/5th,) affirmative vote of the members of the City Commission, after a duly advertised public hearing, the City Manager's finding of sole source and waiving the requirements for competitive sealed bids, are hereby ratified, approved and confirmed, and the acquisition of TeleStaff software program from Principal Decision Systems International, the sole source provider, for the Department of Fire -Rescue, in an amount not to exceed $102,000, plus the procurement of service and support for said program, in an annual amount of $13,824, beginning the second year, is hereby approved, with the option to extend said service and support for four (4) additional one (1) year periods, at a maximum 5% increase per year, contingent upon the availability of funds, with funds therefor hereby allocated from Capital Improvement Project No. 313303, Account No. 289401..6.840, funded by the Fire Assessment. Section 3. The City Manager is hereby authorized to execute a License Agreement with PDSI, in a form acceptable to the City Attorney. Page 3 of 4 3 8 5 Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!/ PASSED AND ADOPTED this 11th day of May , 2000. JOE CAROLLO, MAYOR in accordance with Miami Code Sec. 2-36, since the Mayor dad :got ith itate P!"Prn ml of this legislation by signing it in the designated plwx yr becomes effective with the elapse of ten (10) days from t3 F; dal, iii , s a ,k i> Dov, WI regarding same, without the Mayo7n ATTEST: _..._,.._ WALTER J. FOEMAN CITY CLERK APPRO��O FO ; I ATTORNEY 4369:RCL CORRECTNESS , City Clerk �i If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was ,passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 4 of 4 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and TO: Members of the City Commission H. Warshaw FROM ty Manager RECOMMENDATION DATE: ­ FILE Sole Source Purchase; TeleStaff SUBJECT: Software Program; Fire -Rescue REFERENCES: Commission Meeting 5 / I 1 / 00 ENCLOSURES: Resolution FM-090.doc It is respectfully recommended that the City Commission adopt the attached Resolution ratifying, approving, and confirming the City Manager's finding of sole source, waiving the requirements for competitive sealed bids and authorizing the procurement of TeleStaff, an automated staffing software program, from Principal Decision Systems International (PDSI), located at 34 Executive Park, Ste. 210, Irvine, CA 92614, the sole source provider, in an amount not to exceed $102,000, for the Department of Fire -Rescue. The Resolution further authorizes the City Manager to execute a license agreement, in substantially the attached form, with PDSI setting forth the terms and conditions concerning the use of said TeleStaff program by the City. The Resolution also authorizes the purchase of service and support for the TeleStaff system, in the amount of $13,824, beginning the second year, with the option to extend said service and support for four additional one year periods, with a 5% maximum increase per year, contingent upon the availability of funds. Funding for this acquisition is available from CIP Project No. 313303, Account No. 289401.6.840, funded by the Fire Assessment. BACKGROUND The Department of Fire -Rescue wishes to improve and computerize certain time intensive administrative and personnel functions. TeleStaff was specifically designed by PDSI for public health and safety industries to place inbound and outbound phone calls without the need for human intervention. Additional TeleStaff capabilities: ensures implementation of fair and consistent hiring practices, automatically keeps an audit trail of the rules used to fill personnel vacancies, manages internal human resource policies, uses department's labor rules to manage and modify rosters; shows payroll and work status data, and allows each member access to personal payroll information, generates detailed staffing and usage reports; reflects certification/license expiration data. PDSI installs the TeleStaff software and hardware, grants a license to use the program and, as applicable, all licenses necessary to use the system, and trains staff on its use. Enc. 77121� DHW/CAG/MLK/TRcsk FM.090.doc C�+ %) • Judy S. Carter, Director TO: Department of Purchasing Chief C.A. Gimenez, Director FROM: Department of Fire -Rescue CITY OF MIAMI,, FLORIDA INTER -OFFICE MEMORANDUM March 21, 2000 FM-089.doc DATE: FILE: Sole Source procurement; TeleStaff SUBJECT: software program; Fire -Rescue REFERENCES: Commission Meeting 5/ 11/00 ENCLOSURES: Resolution The Department of Fire -Rescue has verified that funding is available, in an amount not to exceed $102,000 from CIP Project No. 313303, Account No. 289401.6.840, funded by the Fire Assessment, for the procurement of TeleStaff, a staffing software program, from Principal Decision Systems International (PDSI), the s!zEirm Info Tech Approval: Aldo Stancato, Interim Director Dat Dept. f Information Technology r r Budget Approval: Luie Brennan, Acting Director Date Department of Management and Budget CIP Approval: A; 2� Pilar Sz-Butler, CIP Ad nistrator Date V CAG /MLK/TF csk FM-0.89.doc TO: Donald H. Warshaw. City Manager • CITY OF MIAMI, FLORIDA 0 INTER -OFFICE MEMORANDUM DATE : April 13, 2000 FILE: SUBJECT: Sole Source Finding for Automated Staffing Software Program FROM: Judy S., Dir for REFERENCES: Chief Pr re t Officer ENCLOSURES: An investigation was conducted by staff to determine whether Principal Decision Systems International (PDSI), a non minority, non local vendor, located at 34 Executive Park, Ste. 210, Irvine, Ca. 92614, is the sole source provider of an automated staffing software program called TeleStaff. The Department of Fire -Rescue is seeking to secure this program at an estimated acquisition cost not to exceed $102,000, and the acquisition of service and support for the TeleStaff system, in the amount of $13,824, beginning the second year, with the option to extend said service and support for four additional one year periods, subject to a 5% maximum increase per year and upon approval by the City and contingent upon the availability of funds. Funding will be allocated from CIP Project No. 313303, Account No. 289401.6.840, funded by Fire Assessment. According to the Department of Fire -Rescue, it is seeking to obtain the TeleStaff automated staffing software program, designed by PDSI for pubic health and safety industries, to place inbound and outbound phone calls without the need for human intervention. In addition to other functions, TeleStaff performs the following: it keeps an automatic audit trail of the rules used to fill personnel vacancies; uses department's labor rules to manage and modify rosters; shows payroll, certification/license expiration, and work status information; ensures implementation of fair and consistent hiring practices; manages internal human resource policies; and generates detailed staffing and usage reports. This automated public safety program can only be received from PDSI. According to PDSI, this software system has also been provided to, and deemed as a sole source acquisition by, other fire departments in Florida including Jacksonville, Broward County, Clay County and Reedy Creek. I contacted Broward County and confirmed the TeleStaff software system was procured as a sole source. Research conducted over the Internet could not locate other similar software systems. Accordingly, I am recommending that the requirements for competitive bidding be waived, and these findings be approved: Decision Systems International (PDSI), is the sole source provider for an automated staffing software program for the Department of Fire -Rescue, in an initial amount not to exceed $102,000, and the acquisition of service and support for the TeleStaff system, in the amount of $13,824, beginning the second year, with the option to extend said service and support for four additional one year periods, subject to a 5% maximum increase per year and upon approval by the City and contingent upon the availability of funds. Funding will be allocated from CIP Project No. 313303, Account No. 289401.6.840, funded by Fire Assessment. MAY - 2 2000 APPROVED BY:;ii DATE: Donald H. Warshaw City Manager DHWBWH/JSC/pb GO-� 9 CITY OF MIAMI, FLORIDA 0 TO: Judy Carter, Director Department of Purchasing FROM . 4a Pamela E. Burns CPPB Sr. Procurement Contracts Officer INTER -OFFICE MEMORANDUM DATE : April 13, 2000 FILE : SUBJECT: Sole Source Finding for Automated Staffing Software Program REFERENCES: ENCLOSURES: I conducted an investigation to determine whether Principal Decision Systems International (PDSI), a non minority, non local vendor, located at 34 Executive Park, Ste. 210, Irvine, Ca. 92614, is the sole source provider of an automated staffing software program called TeleStaff. The Department of Fire -Rescue is seeking to secure this program at an estimated acquisition cost not to exceed $102,000, and the acquisition of service and support for the TeleStaff system, in the amount of $13,824, beginning the second year, with the option to. extend said service and support for four additional one year periods, subject to a 5% maximum increase per year and upon approval by the City and contingent upon the availability of funds. Funding will be allocated from CIP Project No. 313303, Account No. 289401.6.840, funded by Fire Assessment. According to the Department of Fire -Rescue, it is seeking to obtain the TeleStaff automated staffing software program, designed by PDSI for pubic health and safety industries, to place inbound and outbound phone calls without the need for human intervention. In addition to other functions, TeleStaff performs the following: it keeps an automatic audit trail of the rules used to fill personnel vacancies; uses department's labor rules to manage and modify rosters; shows payroll, certification/license, expiration, and work status information; ensures implementation of.fair and consistent hiring practices; manages internal human resource policies; and generates detailed staffing and usage reports. This automated public safety program can only be received from PDSI. According to PDSI, this software system has also been provided to, and deemed as a sole source acquisition by, other fire departments in Florida including Jacksonville, Broward County, Clay County and Reedy Creek. Broward County confirmed its acquisition of the TeleStaff software system as a sole source. Research conducted over the Internet could not locate other similar software systems. Accordingly, I am recommending that the requirements for competitive bidding be waived, and these findings be approved: Decision Systems International (PDSI), is the sole source provider for an automated staffing software program for the Department of Fire -Rescue, in an initial amount not to exceed $102,000, and the acquisition of service and support for the TeleStaff system, in the amount of $13,824, beginning the second year, with the option to extend said service and support for four additional one year periods, subject to a 5% maximum increase per year and upon approval by the City and contingent upon the availability of funds. Funding will be allocated from CIP Project No. 313303, Account No. 289401.6.840, funded by Fire Assessment. APPROVED B J y S. C r to ief Procurement Officer JSC/PEB DATE: t V� - C)QJ E, Judy S. Carter, Director TO: Department of Purchasing J � � Chief C.A. Gimenez, Director FROM: Department of Fire -Rescue • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM March 21, 2000 DATE: Request Sole Source finding; SUBJECT: TeleStaff Software Program; Fire -Rescue REFERENCES: ENCLOSURES: FILE: FM-088.doc The Department of Fire -Rescue requests that you approve a finding that Principal Decision Systems International (PDSI), located at 34 Executive Park, Ste. 210, Irvine, CA 92614, is the sole source vendor of an automated staffing software program called TeleStaff. TeleStaff was specifically designed by PDSI for public health and safety industries to place inbound and outbound phone calls without the need for human intervention. Additional TeleStaff capabilities: ensures implementation of fair and consistent hiring practices, automatically keeps an audit trail of the rules used to fill personnel vacancies, manages internal human resource policies, uses department's labor rules to manage and modify rosters, shows payroll, certification/license expiration, and work status information, generates detailed staffing and usage reports, shows each member their own payroll data. PDSI installs the TeleStaff software and hardware, grants a license to use the program and, as applicable, all licenses necessary to use the system, and trains staff on its use. Cost for the TeleStaff program is $102,000 and funds will be allocated from CIP Project No. 313303, Account No. 289401.6.840, funded by the Fire Assessment. CAG/MLK/T /csk • pr4 11 q qSAdy `. .: a=' . �! P FM.088.doc 6 0— s `" V Principal Decision Systems International December 8, 1999 Chief Bryson City of Miami Fire and Rescue Department 444 S.W. 2°d Avenue Miami, FL 33130-1910 Dear Chief Bryson: PDSI is the only vendor that provides an automated staffing software program, designed for public health and safety indus ie!, to place inbound and outbound phone calls without.the need for.human infelventioa Thti software program is called TeleStaff. The specific phone capabilities include: • Automatic notification to staff members of requests or requirements to work, any change in their work schedule, and, for administrators, any staffing alarms via telephone, e-mail, pager, and answering machine. • Accommodates the delivery of personal messages from an administrator to ate► staff member(s). • Provides telephone and PC access to employee's calendar. • Supports authorized scheduling requests from any touch-tone telephone . L.. In addition, TeleStaff: • Ensures implementation of fair and consistent hiring practices • Automatically keeps an audit trail of the rules used to fill vacancies • Manages internal human resource policies f • Uses the department's labor rules and guidelines to manage and modify the roster ✓ • Shows payroll, certificationtlicense expiration, and work stains information • Manages a dynamic daily roster of all activities • Reacts immediately to vacancies caused by work exceptions and automatically identifies the appropriate replacement personnel ` • Generates detailed staffing and usage reports ✓✓ • Governs scheduling authority with a sophisticated security system Uses -aA • Allows access to different start members based on authority. • Automatically keeps an audit trail of all outbound telephone calls • Supported and serviced by a company experienced in nationwide software distribution and maintenance • Operates on a computer network • Gives each member access to their personal information at each station via PC • Shows each member their own payroll data • Shows a graphical personal calendar • Gives administration station access to management reports including work code cost information, trade payback data, license and certification expirations, payroll reports, and the ability to import/export data to other databases in 19 different formats • Keeps "last touched by" audit trails automatically on every record Sincerely, Kathryn Prancevic Account Executive* 34 Executive Park, Suite 210 •Irvine, California 92614 � 949/474.7374 • Fox 949/756-5640 .- „'A Chief Bryson, Thank you for getting back to me regarding your concerns relating to the TeleStaff implementation time frame and location of training. I have written this correspondence with the intention of explaining why PDSI believes that training at our facility is directly related to the successful completion of the implementation process. PDSI requires that administrative and configuration training be held at our facility. During administrative training, our customers are in a controlled environment with computers configured with the TeleStaff training program and database. This environment enables the group to receive hands-on training and access to appropriate PDSI resources. During the training sessions, we generally provide more than one trainer to facilitate -the learning process. The training is extremely detailed, time -intensive and requires the student's complete attention. The second training activity occurs during the configuration phase. During this session, the staffing experts from your department will work side-by-side with a configuration analyst to sort through, analyze and begin to implement your department's rules and hiring strategies. One of the advantages of having this three-day configuration session at our facility is that the typical interruptions demanded by your job are removed. It has been our experience when conducting on-site training sessions that these frequent interruptions are not conducive to effective training and TeleStaff knowledge transfer. PDSI has honed its processes over years of implementing the. TeleStaff product and has determined that PDSI-based training generates the most successful results. In order for the TeleStaff License Agreement to accurately reflect an anticipated time frame for the completion of the implementation process, I need to finalize some details with you and our implementation team. I will meet with Martha Strittmater, Implementation Group Manager to discuss a reasonable time frame to complete your Implementation process. I will also need to know how many different departments you plan to incorporate into TeleStaff, i.e. suppression, administrative, dispatch, and airport and how many of those departments have different union or human resources rules. T ,. '-',i like to talk wP*h you -^xt wPAk approarh. T fnnk fnnArard to speaking with you soon and have a wonderful holiday. Thanks, Kathryn Prancevic 9 10 " . ., i ; i '' ""W TELESTAFF LICENSE AGREEMENT This Agreement ("AGREEMENT") made by and between Principal Decision Systems International ("PDSI"), that has its principal place of business at 625 The City Drive South, Suite 190, Orange, CA 92868, and MIAMI FIRE DEPARTMENT ("CUSTOMER"), that has its principal place of business at 444 S.W. 2ND AVENUE. MIAMI, FL 33130, shall be subject to the following terms and conditions: Witnesseth: Whereas, PDSI has developed a telecommunications/computer technology which consists of certain hardware and software known as TELESTAFF; and Whereas, PDSI imposes certain license requirements on customers desirous of purchasing a license for TELESTAFF; and Whereas, CUSTOMER wishes to contract with PDSI to: (1) install TELESTAFF, (2) implement a license to use TELESTAFF, (3) train CUSTOMER on its configuration and use, and (4) as applicable, implement all licenses necessary to use TELESTAFF; and Whereas, PDSI is willing to contract with CUSTOMER to: (1) install TELESTAFF, (2) grant CUSTOMER a license to use TELESTAFF, (3) train CUSTOMER on its configuration and use, and (4) as applicable, grant all licenses necessary to use TELESTAFF; Now, therefore, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, PDSI and CUSTOMER do hereby agree as follows: 1. Ownership of TELESTAFF. The parties recognize and acknowledge that ownership of TELESTAFF shall remain with PDSI. (a) License. Except as provided herein at paragraph 2(b), PDSI hereby grants to CUSTOMER a license to use TELESTAFF in object code form. CUSTOMER shall abide by the terms and conditions of this license as stated herein. (b) Components of License. The TELESTAFF License shall consist of the right to use that certain hardware and software that collectively constitute TELESTAFF. 2. Copyright and Pro rp ietary Protection. (a) TELESTAFF is owned by PDSI, and is protected by United States and international copyright laws and International trade provisions. CUSTOMER must treat TELESTAFF like any other copyrighted material. This License and CUSTOMER's right to use TELESTAFF shall terminate automatically if CUSTOMER violates any part of this AGREEMENT. In the event of termination for any reason other than non -renewal of Service and Support as described herein at Section 11, CUSTOMER must immediately return TELESTAFF and accompanying documentation to PDSI. (b) CUSTOMER shall not (i) Modify TELESTAFF and/or merge it into another program for CUSTOMER use except by express, written permission from PDSI. Any portion of TELESTAFF merged into another program following the express, written permission from PDSI will be subject to the terms of this AGREEMENT; (ii) Reverse engineer, disassemble, decompile, or make any attempt to discover the source code or methodology of TELESTAFF. 3. Execution Date. The Execution Date is defined as the date this AGREEMENT is signed by an authorized agent of CUSTOMER. 4. Term. This AGREEMENT is effective and binding upon PDSI and CUSTOMER upon the Execution Date as defined in paragraph 3 herein and shall remain in effect for a term of one (1) year, unless terminated as provided herein. On each anniversary date thereafter, this AGREEMENT shall automatically renew for a term of one (1) year, unless otherwise terminated as provided herein. 5. Product Options. The following constitutes a complete list of all TELESTAFF components available in connection with the use of TELESTAFF. See Appendix A for the definition of TELESTAFF Hardware Components and Appendix B for the definition of Implementation Services. CUSTOMER does hereby agree to purchase from PDSI the selected items in consideration for the corresponding fees indicated as applicable: .Initial Com of onent TELESTAFF Software License for 800 Users $ 69,120 TELESTAFF Hardware Components $ 7,000 TELESTAFF Implementation Services $ 19,824 TELESTAFF Database Upgrade (4 users) Qty: 7 $ 3,500 Additional Telephony Card (4 lines) Qty: 1 $ 1,000 Sales Tax at 7.75% on TELESTAFF Software License $ 0.00 6. Pricing. PDSI agrees to the fees reflected above in paragraph 5 until April 30, 2000. 625 The City Drive South, Suite 190 • Orange, California 92868 (800) 850-7374 1 Fax (714) 703-2970 p''0 " $,� . I , ',Jur/ 7. Payments. CUSTOMER agrees that all pricing and amounts due hereunder are based on United States currency and that all amounts remaining unpaid for more than thirty (30) days following the date of the invoice shall be subject to an interest charge at the monthly rate of 1.5%. CUSTOMER does hereby agree to the payment terms for each component. Inilial Com og hent pyg TELESTAFF Software License and applicable Sales Tax On Execution Date TELESTAFF Hardware Components Net 30 Days from Execution Date TELESTAFF Implementation Services Net 60 Days from Execution Date 8. Travel Ex ems. CUSTOMER agrees to pay for all travel expenses related to TELESTAFF implementation and training services as defined in Appendix B. 9. Additional Components. If additional hardware and/or software are required for additional usage, other enhancements, or add-on options, CUSTOMER agrees to pay for any and all hardware and/or software required for supporting additional TELESTAFF usage, enhancements and/or other add-on options. 10. Implementation Services. Implementation Services include configuration of TELESTAFF as defined in Appendix B. CUSTOMER acknowledges that additional training and/or reconfiguration requested by CUSTOMER will be at an additional cost. 11. Service and Sup ort. Service and Support of TELESTAFF is provided at no additional charge during the first twelve -(12) months following the Execution Date. See Appendix C for the definition of TELESTAFF Service and Support. CUSTOMER does hereby acknowledge that on each anniversary of the Execution Date, CUSTOMER may renew service and support under the following events: Initial Event Payment F:1 1°t Anniversary of the Execution Date $13,824 Subsequent anniversaries during term 5% maximum increase over previous period Should CUSTOMER elect not to renew Service and Support on the anniversary of any Execution Date, CUSTOMER acknowledges that any subsequent re -enrollment for Service and Support will only be accepted by PDSI after CUSTOMER cures the previous lapse in Service and Support by paying PDSI the Serviceand Support fee for the lapsed periods. In addition, CUSTOMER acknowledges that PDSI may assess CUSTOMER a Service and Support re -instatement fee that will not exceed ten percent (10%) of the Service and Support fee for the lapsed periods. PDSI reserves the right to discontinue Service and Support of previous releases of TeleStaff as defined in Appendix C. 12. Limited Warranty. PDSI WARRANTS TELESTAFF TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND TO OPERATE IN ACCORDANCE WITH TELESTAFF USER MANUALS. HOWEVER, PDSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TELESTAFF WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF TELESTAFF WILL BE UNINTERRUPTED OR ERROR FREE. THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 13. Limitation of Liability_. PDSI'S ENTIRE LIABILITY AND CUSTOMER'S EXLUSIVE REMEDIES SHALL BE THE REPLACEMENT OF TELESTAFF UPON NOTIFICATION OF REPORTED DEFICIENCIES. IN NO EVENT WILL PDSI BE LIABLE TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY CLAIMS OR DAMAGES, INCLUDING ANY LOST WAGES, LOST PROFITS, LOST SAVINGS . OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE TELESTAFF EVEN IF PDSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD PDSI HARMLESS FOR ANY SUCH CLAIMS. 14. Termination. This AGREEMENT shall terminate upon the following events: (a) In the case of an event of default (if CUSTOMER or PDSI fails to satisfy any of its respective covenants, duties or obligations under this AGREEMENT), the non -defaulting party shall have the option to terminate this AGREEMENT. In the event of default, the non -defaulting party shall give written notice to the defaulting party of the alleged default and give such party at least thirty (30) days in which to cure the alleged default. If the defaulting party does not satisfactorily cure its default, the non -defaulting party has the right to terminate upon thirty (30) days additional written notice stating the defaulting party's failure to cure the default; (b) By mutual consent between both parties; (c) After the initial term of the AGREEMENT, upon ninety (90) days written notice to the other party. 15. Confidentiality. CUSTOMER and PDSI agree that confidentiality survives expiration or sooner termination of this AGREEMENT 625 The City Drive South, Suite 190 • Orange, California 92868 ?. ` (800) 850-73743 Fax (714) 703-2970 �F o act 16. Miscellaneous Provisions. (a) Amendments. This AGREEMENT shall not be modified or amended except by another agreement in writing executed by the parties hereto. (b) Entire Agreement. This AGREEMENT, including Appendices A, B and C attached hereto, supersedes all prior discussions, understanding and agreement between the parties with respect to the matters contained herein, and constitutes the entire agreement between the parties with respect to the matters contemplated herein. (c) Governing Law. This AGREEMENT shall be construed and enforced in accordance with the laws of the State of California. (d) Notices. All notices, requests, demands and/or other communications required or permitted to be given or made by this AGREEMENT shall be in writing and shall be delivered by commercial overnight delivery services which provides for receipt, or mailed by certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses referenced above. Any party may change its address for purposes of this AGREEMENT by notice in writing to the other parry. (e) No Waiver. No failure on the part of any parry hereto to exercise, and no delay in exercising any right, power or remedy or partial exercise of any right, power or remedy by any party will preclude any other or future exercise of any other right, power or remedy or partial right, power or remedy. No express waiver of assent by any parry hereto to any default in any term or condition of this AGREEMENT shall constitute a waiver of or an assent to any succeeding default in the same or any other tens or condition hereof. (f) Assignability. This AGREEMENT shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, successors, assigns and personal representatives. (g) Year 2000 Compliant. TELESTAFF is year 2000 compliant. IN WITNESS WHEREOF, the parties have signed this AGREEMENT on the day and year first above written. PDSI f By: Title: %Icic� $K4)k k Date: February 28, 2000 MIAMI FIRE DEPARTMENT (CUSTOMER) By: Title: Date: 625 The City Drive South, Suite 190 • Orange, California 92868 2 (800) 850-73743 Fax (714) 703-2970 • A2pendix A - TeleStaff Hardware Components For the fee specified in paragraph 5 of this AGREEMENT, PDSI will procure and configure all hardware and related software components neccessary for operation of the TeleStaff system and will deliver the configured hardware system to CUSTOMER. PDSI's hardware service includes: • Procurement of a PC system capable of operating the TeleStaff software for CUSTOMER • Receipt, assembly and checkout of delivered system • Procurement of Telephony hardware to support TeleStaffs telephone features • Procurement of SQL Database Server software (2) • Procurement of remote communciations software for remote diagnostics • Installation of Telephony hardware • Installation of SQL Database Server- and remote communications software • Installation of TeleStaff software, ready for CUSTOMER data • Final system checkout and repacking for delivery to CUSTOMER PDSI is currently purchasing PC systems from Dell Computer Corporation. As Dell frequently changes and introduces new models and configurations, the hardware included under this AGREEMENT does not specify particular model numbersnor does it list every component and feature that may be included in the delivered system. However, hardware components will include, at minimum, the following: • Intel Pentium 11 450 Mhz processor or • Multimedia with speakers'Eiinc! microphone • 128 MB or greater RAM • Keyboard and mouse `--;: • 6 GB or larger Hard Drive • Microsoft Windows NT: Wo6jcs aW 4.0 • 32x CD-ROM drive On site seivice by Dela(next ius(r%®ss day) -.. . x ess • 1T or larger SVGA Monitor • Sybase SQLAriyiarhere a--CJser database • Tape Backup • Dialogic 4 - Line Telephony system t't • 56K V.90 Modem NOTES: (1) Under this AGREEMENT, PDSI will provide to CUSTOMER = PC system that unI act as a server for the TeleStaff client and database software and will support access by telephone. CUSTOMER may connect additional PCs to the TeleStaff system by installing the TeleStaff client software (included) prrovided they are connected to the TeleStaff system by a network using the TCP/IP protocol. TeleStaff is compatible with connected PCs running the Windows 95, 98 or NT operating system. (2) Tt :zera will al .4'. T-! c+;,ff databas PCs on a network. Although the TeleStaff client software may be installed on any number of PCs, the database software will allow only four concurmet connections. As a user logs off TeleStaff, a connection is released and made available to other users. Access to TeleStaff by telephone DOES NOT consume a database server connection; gnly access by PCs consume database connections. The database server software may be upgraded to enable additional concurrent connections. (3) The Dialogic Telephony system listed here supports any combination of up to four (4) simultaneous inbound and outbound connections by telephone. PDSI recommends that CUSTOMER connect four dedicated telephone lines to the Dialogic Telephony hardware (installed in the PC). Further, CUSTOMER should provide one telephone number to staff members which when dialed automatically attaches to the next available telephone line. Additional Dialogic Telephony components may be purchased to provide additional telephone connections. 3.1 Executive Park, Suite 210 • Irvine. California 92614 949/4747374 ;?)949/756.5640 Appendix 8 - TeleStaff Implementation Partnership Agreement For the fee specified in paragraph 5 of this AGREEMENT, PDSI will train CUSTOMER on the operation of TeleStaff and then assist CUSTOMER in configuring the TeleStaff system with CUSTOMER's data. The following steps comprise the TeleStaff Implementation services: Hand -Off: During this internal phase, the appropriate POST Account Representative transfers information on the CUSTOMER to the PDSI Implementation Manager (IM). The IM is a project manager who is responsible for coordinating all activities necessary to implement TeleStaff for the CUSTOMER. During this phase, PDSI will send to CUSTOMER an Implementation Packet containing a list of data items required for configuring TeleStaff and information on hardware and phone requirements for TeleStaff. Pre -Configuration: During the Pre -Configuration phase, the IM and CUSTOMER hold a conference call to review the Configuration Packet and to establish CUSTOMER contacts required by PDSI during the Implementation process. Training: The TeleStaff training course is Train -The -Trainer format intended for the CUSTOMER's administrators of the TeleStaff system (staffing experts that are PC literate and empowered to make staffing decisions). TeleStaff training is a hands-on and workbook guided course at PDSI that uses demonstration data in order to cover all necessary TeleStaff features. It also includes instruction on how to enter CUSTOMER data into TeleStaff. Prior to the CUSTOMER's live' -date, . the trained CUSJO_MER Qmii iii rs will perform end-user training (including training;on the use of the eie hon ` The` eleStaff training course will take up to two &. hour. iays to comp�ete;:a�„cte4;b1f2� staff ►remembers Data: During the Data'pi'ase; CUSTOMER gattaieisda"S stJ.he. Configuration Packet and enters this data into TeleStaff: " &T reviews the data, PDSI and CUSTOMER complete a Data Quality review and sign=off. "' ' Configuration: During the Configuration phase, a PDSI Configuration Analyst and the CUSTOMER administrator(s) configure TeleStaff for CUSTOMER using CUSTOMER's business rules. The configuration process occurs at PDSI and will -take up to two eight hour days to complete. At its option, CUSTOMER may extend the configuration process for an additional fee. Also during this phase, PDSI provides CUSTOMER, with -all necessary --. installation documentation and ships the TeleStaff hardware to'.CUSTOMER. The phase ends with a configuration walk-through and sign. off by CUSTOMER. Info . .. ­!-1itional courses r=�t_nA ►,,. on¢1 ..�oacP -r.nfv.. the TeleStaff Implementation Manager or your Account Executive. Executive Pork, Suite 210 0 Irvine, California 92614 '� 5949/474-7374 �axl949/756-5640 0 — ?� 8 Appendix C - TeleStaff Service and Support (Continued) M 1r. Hours of Availability: Normal Business Hours: Monday through Friday, 8:00 AM to 5:00 PM, Pacific Standard Time. Description: A non-critical software error, which prevents the user from performing a data entry or system administration function. These do- not include cosmetic, documentation, or reporting problems. These also do not include questions or inquiries regarding the operation of the software or its installation and training. Initial Response: During Normal Business Hours, PDSI will respond with a call back within three hours. Outside of Normal Business Hours (including holidays), PDSI will respond with a call back within twenty-four hours. Resolution Response: PDSI will provide a workaround for CUSTOMER when possible within an average of twenty-four (24) hours. PDSI will provide a problem resolution in the form of an Upgrade or modification to the Software in an upcoming Update. Notification: PDSI wilt notify CUSTOMER "66""6*,workaround h`a`s provided or the problem has been resolved` - ^ems a��"M Priority Three Hours of Availability: Normal Business Hours: Monday through Friday, 8:00 AM to 5:00 PM, Pacific Time. Description: All other software or documentation errors not described above._ These include but are not limited to: • Reporting errors or calculation problems 7, • Documentation inaccuracies • Cosmetic issues - - • Product Enhancement requests • Questions or inquiries relating to TeleStaff Software functionality, system administration or installation Initial Response: PDSI will respond to these items if specifically requested to do so at the time of the request. If a reply is requested, PDSI will respond within an average of twenty-four (24) hours during Normal Business Hours. Resolution Response: PDSI will correct documentation errors in upcoming releases of the documentation. Notification: if requested, PDSI will notify the local CUSTOMER when a workaround has been provided or the problem has been resolved. ;Id Executive Pork. Suite 210 • Irvine. Colifornio 92614 949; 47 4.7374 e jax.a49/756.5640 385 • TeleStaff Enhancements The TeleStaff version number consists of three numbers that define the type of product release. The format of the TeleStaff version number is: Version XYZ where • Changes in X represent a significant change in product functionality (Major Release) • Changes in Y represent an enhancement to the product that increases functionality within the existing Major Release and is typical of an evolving product (Enhancement Release) • Changes in Z represents -a minor change to the program to accommodate a software error or cosmetic change (Update Release) Under the TeleStaff Service and Support plan, CUSTOMERs will receive Update Releases and Enhancement Releases as they become available at no additional charge. Major Releases will be available for an additional fee. 34 Executive Park, Suite 210 o Irvine, California 92614 949/474.7374 •CE ?49/756.5640 � 0 8 04/14/00 14:U3 -FAX 9543578535 BRWD PURCHASING 421 001 Date: April 14, 2000 Fax To: Pam Burns Compahy/Division: City of Miami Fax Number: (305)416-1925 Phone Number: (305) Fax From: Karen Walbridge- Purchasing Agem IT Fax Number: (954)357-8535 Phone Number: (954)357-6067 Number of Pages (lucluding Cover Sheet): Message: Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-8065 - FAX (954) 357-8533 Attacbed is the Award Memorandum for Principal Decision Systems International (TeleStaff Automated Database Software) signed by our Chief of Operations, Mr. Ed Witkowski (the dollar level allowed Ed to sign rather than I& Cummings). Also attached is the Purchasing A,gem's Report stating the justification for the Sole Source procurement. We hope this helps you with your purchase. The City of Fort Lauderdale recently asked ups fbr the same thing. Thank you. BROWNW COUNTY BOARD OF COUNTY COMMIISSIONM3 -An equal owwWnft gaNgover ani PrnvWw of Sw*es Warn Abramawitr Scat L CaNen Suzanne H Ourmbumar Ibm Lia roman Lori NWW Parrish XrWm Jacobs Jdar E. Rodstrom. Jr. .. W m W/de Wab: hgPYAYWW.CO. fi-UW Ui rail dn0 R Go- 385 V4/14/UV 14:U4-rAA M54zat5535 JRWD PURCHASING 10 002 MEMORANDUM DATE' December 10, 1998 TO. Ed Witkowski, Purchasing Agent IV THRU' George Fourson, Purchasing Agent Ill FROM: Susan Kuzenka, Purchasing Agent 11..., �X-7.�-�� 4 RE: RX 9FR00001002 TeleStaff Automated Personnel Scheduling Software System Vendor. Principal Decision Systems International Total Value; $43,000.00 THE FIRE R SCUE DIVISION AND THE PURCHASING AGENT RgCOMMEND THE FOLLOWING: 1. AWARD: Award fixed contract to sole source vendor, Principal Decision Systems International for the procurement of TeleStaff Automated Database software system including PC Hardware Components (sole brand) in the amount of $43,000.00 for the Fire Rescue Division contingent upon mutually agreement of software license and maintenance agreement_ 2. ADDITIONAL INFORN16110bl CONCERNING THIS PROCUREMENT: The Fire Rescue Division is in need of a method to schedule personnel to ensure proper dispersement of personnel to provide for the safety of Broward County residence. Review of other Fire Rescue Agencies revealed that the software system provided by Principal Decision Systems International (PDSI) was the system utilized by the following Agencies: Santa Ana Fire Department, Costa Mesa Fire Department and Orange City Fire Department, The PDSI system 'is unique to the requirements of Fire Rescue scheduling and is designed specifically for public health and safety industries. The system allows inbound and outbound phone calls without the need for human intervention. This system supports authorized scheduling requestsffrom any tough -tone telephone. Jim Hovell of OJT was contacted regarding expediting the software review process as the cost of the product would increase substantially after the first of the year (see memo from Jim Hovell dated December 7, 1998). In the memo. OIT acknowledges the requirement, but in consideration of the need, and the time constraints, knowingly releases OJT of the responsibility to review the vendor's license agreement and subsequent functionality testing (Broward County resolution for software over $20,000)_ However, OIT does require that Fire Rescue install a "black box' prior to installation of the four telephony cards to insure security to the County network. The software license and maintenance agreement is under review by Patrice Eichen, Assistant County. Attomey. The purchase order needs to be issued prior to December 31, 1998 to lock in the prtcing. After December 31, 1998, the pricing will increase substantially. Principal Decission Systems International offers the same price to City and County Fire Rescue Divisions. Due to the economy of scale of the ordering volume of City and County Fire Rescue Division, Principal Decission Systems International offers the best price available to these agencies. The price is fair and reasonable. 3. ATTACHMENTS TO MEMO:_ a. PAR dated 12110/98 'b. Purchase Order#9FR0001014 (Pending Approval) APPROVAL AUTHORITY APPROVED DISAPPROVED �E IZ/If Date h:1w;D19fr1002.awd '�— a 0 qj U4/14/UU 14:U4-rAA U0435755:35 BRWD PURCHASING .7 OWARD COUNTY EURGUAaNIMASM PURCHASING AGENT'S REPORT SUBJECT: Sole Source/Sale Brand DATE: December 10, 1998 REFERENCE: RX 9FR00001002 VALUE: $43,000.00 VENDOR: Principal Decision Systems International. USING DIVISIONIPI: Fire Rescue Division DESCRIPTION: TeleStaff Automated Software 11003 REASON FOR DESIGNATIOK:Sole Brand: Only known system that is specifically designed to handle automated personnel scheduling for fire rescue & other similar functions. Sole Source: Designer, manufacturer & sole provider of TeleStaff Software system. AGENT_ANAL-YS1S: Sole Brand: The Fire Rescue Division is in need of a method to schedule personnel to ensure proper dispersement of personnel to provide for the safety of Broward County residence. Successful management of overtime and leave time usages, complex mixture of work assignments, shifts and relief factors is imperative. TeleStaff is a uniquely specialized software system. Review of other Fire Rescue Agencies revealed that the software system provided by Principal Decision Systems International (PDSI) was the system utilized by the following Agencies: Sania Ana Fire Department, Costa Mesa Fire Department and Orange City Fire Department. The PDSI system is unique to the requirements of Fire Rescue scheduling and is designed specifically for public health and safety industries. The system allows inbound and outbound phone calla without the need for human intervention. This system supports authorized scheduling requests from any tough -tone telephone. John Canada's Office and Fire Rescue has performed extensive research in locating a personnel scheduling system that meets the requirements of Fire Rescue.---_ Sole Source: Principal Decision Systems International is the designer, manufacturer and sole provider of this software. The software was reviewed by Fire Rescue and other County Agencies and this software is the only software that meets all of the requirements needed by Fire Rescue for automated personnel scheduling. Price Analysis: Principal Decision Systems international offers the same price to City and County Fire Rescue Divisions. Due to the economy of scale of the ordering volume of City and County Fire Rescue Division, Principal Decision Systems International offers the best price available to these agencies. The data base software, PC hardware components and Telestaff License has been discounted 41% off list. The price is fair and reasonable. RECOMMENDATION: Approve procurement of TeleStaff Automated Database software system including PC Hardware Components (sole brand) to sole source vendor, Principal Decision Systems International for the Fire Rescue Division. R sons : Principal Decision Systems International is the designer, Manufacturer and sole provider of this software unique to the requirements of Fire Rescue scheduling. This is the only know automated software system PREPARED BY: SUSAN KUZENKA. PURCHASING AGENT -1 � qq �� G D CS u4is4 uu tLA;uO_r:A a54:4576535 BRWJ) PURCHASING J PRICE ANALYSIS: RX SFR00001002 for TeleStaff Software Scheduling System Vendor: Principal Decision Systems international List Quoted Model Description Price Price TeleStaff Database Software & $6,000.00 $ 3,500.00 PC Hardware Components TeleStaff License $50,400.00 $30,000.00 Installation, Training, Configuration $ 9,500.00 $ 9,500.00 & supporttmaintenance TOTAL FOR TELESTAFF SYSTEM $43,000.00 2004 Note: The County receives the best price for State and Local Governments_ Broward County's price is 41 % off the list price. The installation, training, configuration & supporUmaintenance is not discounted as that is calculated based on an individual's hourly pay rate. The prig is fair and reasonable. PREPARED BY SUSAN KUZENKA .Z� ')e--7 ` DATE: 12/10/96 h:lwp%awardlfr1002. pa r 04/14/00 14:05 FAX 9543578535 BRWD PURCHASING 2005 Office of Budget & Management Policy 115 S. Andrews Avenue, Room 404 Fort Lauderdale, FL 33301 (954) 357.6345 a FAX (954) 357-8364 MEMORAND UM August 14, 1999 TO: Glenn R Cummings, Director Purchasing FROM.• John C Office SVBJIECT Management Policy E-mail:budget@ co.browa rd.fl, us This memo is a request for a. sole source procurement of a uniquely specialized software system. For years we have had to manage excessive overtime and leave time usage in the Fire/Rescue Division. The inability to successfully manage this complex mixture of work assigaments, shifts and relief factors continues to create budget overexpetnditures in excess of $300,000. This situation may even increase if aggressive action is not taken. In wonting with the FfiwRescue Division staff, we have identified a sophisticated software system that all parties are confident will be able to support us to resolve all of these issues. Briefly, this system is a linkage of personnel scheduling, computer technology and telephone technology that has been designed exclusively for the constant staffing requirements associated with fine, rescue, police correction and other public safety organizations. This system enables staffthe ability to manage shift changes, leave issues, overtime scheduling and other related issues, This system, TelestaJf, continually monitors defined scheduling requirements and automatically places calls to appropriate staff for replacement assignments. The system also updates daily staffing schedules'and provides customized management reports. We have verified that no other system provides this type of staff interface. Vire have attached Internet information, publication information and the appropriate documents for processing our request. Thank you in advance for your consideration and approval of our request. JC:cdh Attachments Agreed: John Canada, Director ffice of Budget & Management Policy s:%mWericailceaad*elastaf Agreed: l+rank Buchert, Director Fire/Rescue BROWARD COUNTY BOARO OF COUNTY COMMISSIOlypis • An aguid OODortunhy Employer and Provider of Services Wand Wide Web; h tQ7:!/www.co.browaM.!/.us �; ITEM: DEPARTMENT: TYPE OF PURCHASE: AWARD SOLE SOURCE 99-00-130 TeleStaff Software Program Fire -Rescue Term Contract REASON: The Department of Fire -Rescue desires to improve and computerize certain time intensive administrative and personnel functions. TeleStaff was designed by Principal Decision Systems International (PDSI) for public health and safety industries to place inbound and outbound phone calls, manage internal human resource policies, show payroll and work status data, and other similar automated functions. RECOMMENDATION: It is recommended that award be made to Principal Decision Systems International (PDSI) the sole source provider, for the acquisition of an automated staffing software program, in the amount not to exceed $102,000, and the acquisition of service and support for the TeleStaff system, in the amount of $13,824, beginning the second year, with the option to extend said service and support for four additional one year periods, subject to a 5% maximum increase per year and upon approval by the City and contingent upon the availability of funds. Funding will be allocated from CIP Project No. 313303, Account No. 289401.6.840, funded by Fire Assessment. dy S. rter Director o Purchasing V Dat 00- sQ Award Sole SourceTeleStaff ® CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Walter J. Foeman April 18, 2000 FM-116.doc TO City Clerk DATE : FILE : Z"21��y fU2 "7 FROM : Chief C.A. Gimenez, Director Department of Fire -Rescue SUBJECTPublic Hearing Notice : TeleStaff Software Program; Fire -Rescue REFERENCES: ENCLOSURES: Attached please find the public hearing notice for a waiver of the requirement for competitive sealed bidding procedures for the procurement of TeleStaff, an automated staffing software program, from Principal Decision Systems International (PDSI), the sole source provider of this system, for the Department of Fire -Rescue. This item is scheduled for the Commission meeting of Z OOv Contact Assistant Chief Tom Flores at ext. 1692 or Carol Kelsey at ext. 1651 if you have any questions. Approved: CAG/MLK/TF/csk Agenaa 1,00ramaior Date FM.I 16.doc 60 X80 CITY OF MIAMI NOTICE TO THE PUBLIC A public hearing will be held by the City Commission of the City of Miami, Florida on glyoa at �.'�O /,01 m. in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of waiving the requirements of obtaining sealed bids for the procurement of TeleStaff, automated staffing software program, from Principal Decision Systems International (PDSI), a Non-Local/Non-Minority vendor, located at 34 Executive Park, Ste 210, Irvine, CA 92614, for the City of Miami Department of Fire -Rescue, in an amount not to exceed $102,000, funded from Account No. 313303.289401.6.840, funded by the Fire Assessment. Inquiries from other potential sources of such a product who feel that they might be able to satisfy the City's requirement for this item may contact Assistant Chief Thomas Flores, City of Miami, Department of Fire -Rescue, 305/416-1692.