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R-1195 - 09/11/2012 - BLACKBOARD AGREEMENT - Resolutions Supporting DocumentsITEM 10.13.1) AGENDA ITEM Regular Board of Trustees Meeting of September 11, 2012 SUBJECT: Mass Notification System Renewal FROM: Blaine Wing, Assistant Village Manager & Jim Fox, Information Technology Manager BUDGET SOURCE/BUDGET IMPACT: Appx. $6,000 Emergency Management 162 -77000 RECOMMENDED MOTION: I move that the Village Board waive bids and approve a three (3) year renewal agreement for mass notification services with Blackboard Connect with the approximate total amount of $18,000 ($6,000) per year pending attorney and staff review. Background/History: The Village Board previously approved a three (3) year agreement with Blackboard Connect to provide for a mass notification system for Village residents and businesses in September 2009. That agreement, which expires on September 20, 2012, allowed for unlimited emergency alerts and community notices for an annual cost of $6,208. The new agreement should reduce the overall cost to approximately $6,000 per year, but limits the community notices (non- emergency) to 15 per year, before an additional cost would be charged. Mass notification software system allows the Village to send personalized messages (via voice, text and e -mail) to thousands of residents and businesses in minutes without having to invest in or maintain hardware, software, or additional phone lines. In the event of local disruptions, such as floods, fires, water main breaks, major snow events, power outages, etc., the system has the ability to send notifications either to the entire Village, targeted residential and business areas, and/or to staff members using a computer, phone, or smart phone (via an application). Through a simple three step process, the Village will continue to be able to quickly inform our residents and businesses at multiple contact points, including cell phones, home phones, business phones; PDA's /pagers; e-mail accounts, TTY /TDD devices for the hearing impaired, and networked digital signage. Results of the transmission to each recipient are delivered back upon call completion. WI l Blackboard Connect offers the widest possible range of communication channels to reach Village Residents when it matters most —from recorded voice, text -to- speech, SMS, email, TTY, Facebook, Twitter, RSS, to fax, pager, and common alerting protocol (CAP). Staff did obtain quotes for similar services from competing companies. Although Blackboard Connect is not the least expensive option, pricing is comparable, staff is very satisfied with the current provider, and the potential cost savings would be outweighed by the logistics of rebuilding residential and business contact databases. Recommendation: Staff recommends that the Village Board waive bids and approve a three (3) year renewal agreement for mass notification services with Blackboard Connect with the approximate total amount of $18,000 ($6,000) per year pending attorney and staff review. 2 Colleen Bresnahan 847.223.5225 colleenidacl.com 3 Year Required Annual 3 Year Agreement Mass Notification System Comparision 9/5/2012 Bdan Choyka 866.939.0911 hchovka0ecnetwork.com 3 Year Required $4,950 Annual $14,850 3 Year Agreement George Pace 708.465.0812 GPaGeofodsio.com 3 Year Required $5,859 Annual $17,5Tir 3Year Agreement 5 Year Agreement Local Municipal Customers Bensenville Alsip Will County, IL Berwyn Aurora City of Detroit, MI Breese Bartle8 Bloomfield Hills, MI Carlinville Bloomingdale Columbia Brookfield Dwight Burnham Franklin Park Burr Ridge Greenville Calumet City Harwood Heights Chicago Heights Hawthorne Woods Chicago Ridge Highland Park Clareden Hills Knoxville Country Club Hills Lake Forest Crestwood Libertyville Elgin Lyons Fairview Heights Macomb Flossmcor Mascoulah Forest Park Mendota Glencoe Monmouth Glendale Heights Orland Park Glemiew Ottawa Glenwood Waterloo Hazel Crest Hinsdale Homewood Indian Head Park Itasca Kane County Kendal County Kenilworth La Grange Park LaGrange Lake Bluff Lemont Lisle Lombard Marseilles Matteson McCook North Palos Fire Protection District Northfield Olympia Fields Palos Fire Protection District Palos Heights Palos Heights Fire Protection District Palos Hills Palos Park Park Forest Posen Richton Park Riverdale Riverside Roselle Round Lake Beach Skokie South Chicago Heights Western Springs Wheeling Willowbrook W ilmete W innetka W innetka Worth Zion Andrew Liu 818.808.4130 andrew.1hi0blackboard.com 3 Year Required $6,000 Annual $6,000 $18,000 3Year Agreement $18,000 $30,000 Berkeley Countryside Downers Grove Elmwood Park Hillside Norddge River Forest Wheaton RESOLUTION 2012 - BLKBRD- AG -EX -R -1195 A RESOLUTION APPROVING THE WAIVER OF COMPETITIVE BIDDING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BLACKBOARD CONNECT, INC. FOR MASS COMMUNICATION SERVICES WHEREAS, the Village of Oak Brook ( "Village") utilizes a mass notification system provided by Blackboard Connect, Inc. ( "Blackboard') that enables the Village to send notices by voicemail, text messaging, and e-mail to Village residents and businesses ( "Mass Communication Services"); and WHEREAS, it is essential for public safety that the Village be able to quickly notify its residents and businesses of power disruptions, water main breaks, snow events, and other emergencies; and WHEREAS, by utilizing Blackboard's Mass Communication System, the Village does not have to invest in or maintain additional hardware, software, and phone lines to operate a mass communication system; and WHEREAS, the Village's current agreement with Blackboard expires on September 20, 2012; and WHEREAS, the Village President and Board of Trustees find that Blackboard's Mass Communication Services has met or exceeded the Village's expectations; and WHEREAS, the Village and Blackboard desire to enter into a new three -year agreement for Blackboard to provide the Village Mass Communication Services ( "Agreement's, attached hereto as Exhibit A; and WHEREAS, the President and Board of Trustees, being fully advised in the premises, have determined that it is in the best interests of the Village and its residents to waive competitive bidding for Mass Communication Services and approve the Agreement; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Waiver of Competitive Bidding Requirements. The advertising and bidding requirements for the purchase of Mass Communication Services shall be, and they are hereby, waived in accordance with Section 1 -7-4 of the Village Municipal Code. Section 3: Approval of Agreement. The President and Board of Trustees hereby approve the Agreement with Blackboard in substantially the same form as attached as Exhibit A, and in final form approved by the Village Attorney. Section 4: Execution of Agreements. The Village President and the Village Clerk shall be, and are hereby, authorized to execute the final Agreement on behalf of the Village. Section 5: Effective Date. This Resolution shall be in full force and effect from and after its passage by two- thirds of the Trustees and its approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] APPROVED THIS 11" day of September, 2012 PASSED THIS 11'" day of September, 2012. Resolution 2012 - BLKBRD- AG -EX -R -1195 Approving Agreement for Mass Communication Services Page 2 of 3 Gopal G. Lalmalani Village President ATTEST: Charlotte K. Pruss Village Clerk EXHIBIT A #11517855_vl Resolution 2012 - BLKBRD- AG -EX -R -1195 Approving Agreement for Mass Communication Services Page 3 of 3 VILLAGE OF OAK BROOK, ILLINOIS BLACKBOARD CONNECT" SALES ORDER FORM This Blackboard Connect Sales Order Form ( "Order Form ") between Village of Oak Brook, Illinois ( "Customer") and Blackboard Connect Inc. ('Blackboard ") details the terms of Customer's use of the Blackboard services set forth in Section 1 below, and shall become effective on the date specified in Section 3 below ( "Effective Date "). 1. SaaS, Notification & Support Services: The Customer hereby subscribes to the following Blackboard SaaS, notification and support services: Product Name Description Units Initial Term Fee Initial Term Fee Initial Term Fee (USD) Period 1: (USD) Period 2: (USD) Period 3: 9121/12 through 9/21/13 through 9/21/14 through 9/20/13 9/20/14 9/20/15 Blackboard Connect Unlimited Emergency and 6,000 $6,000.00 $1.00 per $1.00 per CIYService 15 Outreach Messages (see Recipient+ Recipient+ Section 8 below) Section 8 below Section 8 below if applicable if applicable (i.e., $1.00 x 6,000 Recipients) Blackboard Connect 24x7x365Support 1 Waived Waived Waived CfY annual Support Fee Online Training Sales Order Total Annual Fee (including annual Support Fee): $6,000.00 SEE NOTE" SEE NOTE" Customer understands and agrees that this Order Form limits the use of the SaaS, notification and /or support services by the Customer to the delineated Description and Unit(s) specified above. Additional access to or usage of the software or services is subject to additional purchase. *Note: Calculation of the aggregate Annual Fee for subsequent years after Period 1 of the Initial Term will be $1.00 per Recipient per year based on the total number of Customer's Recipients for each year of the Initial Term. Additional Fee may apply in accordance with Section 8 below. 2. Initial Term (initial license term and any special requirements): Three Years 3. Effective Date (applicable only if different from acceptance date as described in the preamble): September 21, 2012 4. Recipient Definition (applicable onlvto notification services): CTY: households, businesses, and other related individuals within the Customer's jurisdiction 5. Customer Billing Contact: Contact Name: Jim Fox Contact Phone: Street Address: Postal Code and Country: 1200 Oak Brook Road 60523, USA City and State /Province: Oak Brook, IL E -Mail Address: 6. Payment and Term. In consideration for the use of the SaaS, notification and /or support services (as applicable) during the Initial Term, the Customer will pay to Blackboard the fee(s) set forth above (the "Fee "). The annual total Fee for Period 1 will be invoiced on September 21, 2012 and is due within 30 days of invoicing. The term of this Agreement shall be renewed automatically for successive periods of one (1) year each (a "Renewal Term ") after the expiration of the Initial Term and any subsequent Renewal Term, unless Customer provides Blackboard, or Blackboard provides Customer, with a written notice to the contrary thirty (30) days prior to the end of the Initial Term or Renewal Term, as Blackboard Connect Proprietary & Confidential -JE /Sales/ 10- 160774/CP/081012 VILLAGE OF OAK BROOK, ILLINOIS applicable. Each Renewal Term shall incorporate and be governed by Blackboard's then - current pricing, the applicable Fee for which will be due at the beginning of each Renewal Term, and payable within thirty (30) days after the date of an invoice from Blackboard. Terms of Service. The terms of service at httos: // secure. blackboard .com /legal /BBCTOS /0112/ ('Terms of Service ") are incorporated herein by reference, and together with this Order Form constitute the agreement between the parties ( "Agreement'). Capitalized terms not otherwise defined are defined in the Terms of Service. By executing and returning this Order Form, Customer acknowledges and agrees that its use of the Blackboard Connect services specified herein is subject to, and governed by, all of the terms and conditions of this Agreement including, without limitation, all of the rights, restrictions, indemnities, disclaimers and limitations set forth in the Terms of Service. The individual executing this Order Form on Customer's behalf represents and warrants that he or she has the authority to enter into this Agreement and bind the Customer to all of its terms and conditions as of the date indicated below. Notwithstanding anything to the contrary in any purchase order or any other document provided by Customer, any service provided or license granted by Blackboard to Customer in connection with a purchase order related to this Order Form is conditioned upon Customer's acceptance of this Order Form and the Terms of Service incorporated by reference herein. Any additional, conflicting or different terms proffered by Customer in a purchase order or otherwise shall be deemed null and void. 8. SPECIAL CONDITIONS: Customer shall receive unlimited Emergency Messages and a limit of 15 Outreach Messages per Period. In the event that Customer exceeds 15 Outreach Messages per Period, Customer will be automatically upgraded to unlimited Outreach Messages for the remainder of the then - current Period for an additional fee of $0.50 per Recipient. Unused Outreach Messages will not rollover to the following Period or any subsequent Renewal Term. In the event that Customer's Service is automatically upgraded to unlimited Outreach Messages, Customer will be invoiced for the additional increment by Blackboard and payment will be due no later than thirty (30) days from the date of the invoice. Blackboard Connect Inc. NAME OF CUSTOMER: Village of Oak Brook Signature Print Name and Title: Date: Address: Blackboard Inc. 650 Massachusetts Ave NW, 6th Floor Washington, D.C. 20001 Attn: Caryn Pinto Phone Number: (00 1) 202 - 463 -4860 ext 2953 Fax Number: (001) 818- 450 -0425 Blackboard Connect Proprietary & Confidential- JFJSales/ 10- I60774/CP/08I012 Signature Print Name and Title: Date: Address: 1200 Oak Brook Road Oak Brook, IL 60523 Contact for Notices: Jim Fox Phone Number: Fax Number: Contact Email: