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HomeMy WebLinkAbout1997-06-23 City Council (41)BUDGET 1997-98 2 City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: UTILITIES AGENDA DATE: SUBJ-ECT: JUNE 23, 1997 CMR:283:97 Approval of Geographic Information System (GIS) - Hardware and Software Maintenance Contract This is a request for approval to renew the attached Agreement and Maintenance Schedule with Graphic Data Systems Corporation (formerly McDonnell Douglas Infrastructure Solutions Division, and Electronic Data Systems Corporation) for hardware and software maintenance of the City’s Geographical Information System/Computer-Aided Design System (GIS) from July 1, 1997, to June 30, 1998. This is one of three separate contracts required for support of the GIS. Staff recommends that Council approve, and authorize the Mayor to execute, the attached Agreement and Maintenance Schedule with Graphic Data Systems Corporation in the amount of $88,390 for hardware and software maintenance of the GIS/CAD system. POLICY IMPLICATIONS This agreement does not represent any change to existing policies. EXECUTIVE SUMMARY The current contract with Graphic Data Systems Corporation (GDSC) expires .June 30, 1997 and a new hardware and software maintenance agreement is needed to provide for: the repair and periodic servicing of the GIS hardware (DEC equipment); updates to the software (VMS, GDS, Raster Manager II and Oracle) as they are developed and released; and the 800 Help Line Support Center. GDSC is the exclusive source for maintenance of the City’s GIS, because they are the developer of GDS, the application software that runs the GIS and they CMR:283:97 Page 1 of 2 are the only source with the techlfical expertise to maintain the turnkey system. GDSC is able to provide support as a single point of contact for the following items: GDS application maintenance, telephone support and upgrades; Digital Equipment Corporation hardware and operating system maintenance and support; and Oracle relational database management system maintenance, support and upgrades. Sole sourcing eliminates "f’mger pointing" and vendor conflicts in a multi-vendor computing environment. Therefore, a competitive bidding procedure was not required. FISCAL IMPACT The cost for this contract will be $88,390 and the funding is jointly provided in the FY 1997- 98 operational budgets of the Planning, Public Works and Utilities Departments. ENVIRONMENTAL ASSESSMENT Approval of this Contract Amendment does not constitute a project under California Environmental Quality Act (CEQA); therefore, no Environmental Assessment is required. ATTACHMENTS Agreement Maintenance Schedule PREPARED BY: Glenn E. Loo, Supervisor Computer Services, Utilities Administration Services DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL: Manager CMR:283:97 Page 2 of 2 "0 0 0 ooo°°°NN~N°°°°°°~°°~°°°°°°N°°N°°°~°°°°°°N°°°oooooooo oooooo oo ooo ooo oooooo~°°°~°°°~°°°°°°N°°°~ooo°°°~°°ooo ooooooooo ooo . ooo oo ~000~000000000000000000000000000000000 ~~~00’000000000000000000000000000 Agreement No..~ Amendment No.~ Page 1 of 6 GRAPHIC DATA SYSTEMS CORPORATION APPENDIX D GENERAL SERVICE PROVISIONS Graphic Data Systems Corporation (=GDSC") agrees to provide and Customer agrees to purchase service for third-party equipment and operating system software (’Hardware") and third-party application software and/or GDSC application software (Software"). Service will be provided only on items listed in the GDSC Quotation (’Quotation"). 1.DEFINITIONS. 1.1 "Principal Pedod of Service (’PPS")" shall mean that pedod of time between 8:00 a.m. and 5:00 p.m. Mountain Time, Monday through Fdday, except holidays recognized by GDSC, during which GDSC Hardware and/or Software Technical Service Representatives are available for assistance requests, except that the PPS for on-site support may. be provided in accordance with local time zone practices. Helpline recordings may be made when Helpline Operators or Technical Service Representatives are not available and the call report will be logged and responded to by appropriate personnel as soon as possible. The PPS may be extended for Hardware and/or Software if Customer elects to purchase additional service coverage as may be specified in the Quotation. 1.2 "Authorized Agents" are those third parties, including equipment manufacturers, designated by GDSC to perform certain services. 1.3 "Coverage Window" is defined as that pedod of time commencing on the Quoted Coverage Start date specified in the Quotation and terminating on the Quoted Coverage End date as specified in the Quotation. o COVERED HARDWARE AND SOFTWARE. GDSC shall provide services to Customer for those Items specified in the Quotation dudng the Coverage Window. All other Hardware and/or Software for which Customer desires GDSC services is subject to inspection and approval by GDSC and the completion of any upgrades specified in Section 11 hereof. Service of such other Hardware and Software shall commence upon the date of said GDSC approval and completion of any required upgrade andlor inspection. GDSC approval will be in the form of an amendment executed by GDSC and Customer. 3.TERMINATION. 3.1 Subject to the provisions set forth herein, services provided hereunder shall terminate on the "Coverage End" date in the Quotation, unless othenNise terminated by Customer or GDSC with not less than sixty (60) days prior written notice. Wdtten notification must be sent to: Graphic Data Systems Corporation 6200 South Syracuse Way, Suite 250. Englewood, Colorado 80111 GDSC may provide a Quotation for service renewal prior to the current coverage end date. After a Quotation is provided to the Customer for continuation of service, GDSC and Customer must sign a service agreement amendment pdor to continuation of services. The service Quotation will state current prevailing GDSC service pdcing. If said service agreement is not signed by Customer and returned to GDSC pdor to the Quote expiration date specified in the Quotation, then Customer is solely liable for any costs incurred due to possible service lapse or termination. 3.2 Customer’s termination of this Agreement any time during the Coverage Window shall result in (a) forfeiture of entire prepayment or (b) termination of installment billing invoicing sixty (60) days after Customer’s written cancellation is received by GDSC. Any escrowed amounts needed to meet the Customer’s obligation to GDSC shall be retained by GDSC. If GDSC terminates this Agreement APPENDIX D/1093 Agreement No.~ Amendment No.~ Page 2 of 6 o dudng a valid Coverage Window, GDSC will grant Customer a prorated credit for any prepaid services remaining. SERVICE CHARGES. 4.1 4.2 GDSC will provide services in accordance with the provisions of this Appendix during the Coverage Window. Charges shall be as set forth in the Quotation and are contingent upon the payment method selected by the Customer. Invoices will be adjusted to reflect additions, deletions or modification of service; however, GDSC reserves the dght to deny any service adjustments dudng a previously agreed upon Coverage Window. Customer agrees to promptly notify GDSC of any additional Hardware or Software procured by the Customer which Customer desires GDSC to service hereunder. Subject to the provisions of Section 11 herein, GDSC will submit a quotation to Customer detailing the pdce to service such Hardware and/or Software for the duration of the current Coverage Window. GDSC will invoice and Customer agrees to pay GDSC’s then standard on-call rates for response to Customer’s calls .which are not related to Hardware and/or Software service or for items not included in the Quotation. BILLING TERMS. The service charges set forth in the Quotation will commence on the first day of each current Coverage Window. Customer agrees to either (i) prepay all charges for the current Coverage Window, less any applicable prepayment discounts, or (ii) pay on a monthly installment billing basis. Charges for partial months dudng the Coverage Window shall be prorated based on the number of days of service provided dudng the actual calendar month. GDSC will invoice Customer for any additional services requested as incurred. All invoices are due and payable within thirty (30) days of the date of invoice. ADDITIONAL CHARGES. 6.1 6.2 6.3 GDSC’s then current on-call houdy rate will apply when Customer requests work to start outside the PPS. Such service will be provided on a resource available basis. GDSC’s or its Authorized Agent’s minimum charge, hourly or otherwise, will apply at then current rates for each service call requested by Customer outside the PPS, plus applicable travel and living expenses at cost. Charges of GDSC or its Authorized Agents for service (other than service included in prepayment or installment billing rate) will be invoiced by GDSC to Customer at prevailing rates. Customer’s written request for any service not otherwise provided thereunder shall be provided at GDSC’s then current standard on-call rates, houdy or otherwise, subject to the availability of personnel and resources. Any services or consultation which is attributable to improper use of the Hardware or Software or to third-party Hardware or Software not covered herein will be provided on an available resource basis only and shall be charged to Customer separately at the then current GDSC on-call hourly rate plus parts and travel and living expenses at cost. HARDWARE SERVICES. 7.1 7.2 GDSC and/or its Authorized Agents shall provide Hardware services, including preventative service as appropriate, for the types of Hardware installed. Preventive service may be performed in conjunction with a Customer-requested call for remedial service or as mutually scheduled with Customer. All preventive services will be performed dudng PPS only. GDSC and/or its Authorized Agents shall provide all labor, parts and Hardware modifications GDSC deems necessary for maintaining the Hardware in good operating condition in accordance with GDSC’s and/or its Authorized Agent’s standard procedures. GDSC agrees to exchange all discrepant parts with parts that are new or equivalent to new in performance. All old parts become the property of GDSC. APPENDIX D/1093 Agreement No.2.~(_Z_o ~ Amendment No.~ Page 3 of 6 o SOFTWARE SERVICES. GDSC offers several Software Services. These services are described below. 8.1 .Application Software Update Service. Application Software Update Service provides the right to use the latest release of the Software on designated central processing units. It includes the distribution of releases (i.e., media and documentation) which contain corrections to program problems and/or enhancement to performance of capability. Where GDSC’s investigation reveals that the Software contains a problem, GDSC will thereafter provide Customer a new copy of the corrected Software (or the affected portion) in machine-readable form together with wdtten installation procedures. Such corrections will be provided to Customer in a subsequent application update, or earlier if available, except that GDSC shall not be required to provide such corrections dudng a pedod commencing thirty (30) days pdor to the release date of the next scheduled Software update. 8.2 Helpline Service. Helpline Service provides telephone access to technical assistance during the PPS as required for the diagnosis of Software problems and general guidance on Software usage. This assistance is provided for the current Software release as well as the immediately preceding Software release. Technical assistance requested at times other than the PPS will be provided upon written request of the Customer, subject to the availability of appropriate resources and personnel, at GDSC’s then current rates for such service. GDSC shall, as soon as reasonably possible, investigate the facts and circumstances related to the suspected problem. This may require the use of remote diagnostic procedures. Customer will cooperate fully with GDSC’s investigation and provide, at no cost to GDSC, working space and facilities when required. GDSC will notify Customer where GDSC’s investigation reveals no Software problem. If Customer desires GDSC to continue the investigation, GDSC will give Customer written notification that if the continued investigation reveals no Software problem, GDSC will invoice and Customer agrees to pay for services expended at GDSC’s then standard on-call rates and travel and living expenses at cost. 8.3 Standard Service. Standard Service is the combination of Application Software Update Service and Helpline Service. 8.4 Standard Plus Service. Standard Plus Service includes Application Software Update and Helpline Service. It also provides general guidance on Hardware and vadous other nonsoftware-related questions. The assiStance is offered and provided with the understanding that GDSC may need to coordinate a resolution between the Customer and a third party. Such coordination is possible when the Customer has a current service arrangement with the cognizant third party. GDSC does not represent itself as an expert on all installed Software and Hardware. We may rely on the third party for resolution when necessary. APPENDIX D/1093 Agreement No.~ Amendment No. ~ Page 4 of 6 10. SERVICES NOT INCLUDED. Repair or damage resulting from misuse, neglect, abuse or accidents caused by Customer, failure of electrical power, lack of electrical power, or unusual physical or electrical stress or causes external to the Hardware or Software or failure of air conditioning or humidity control or electrostatic static discharges. 9.2 Repair of damage resulting from Customer’s noncompliance with GDSC’s or Hardware manufacturer’s written run-time or storage environmental precautions or recommendations. 9.3 Painting or refinishing or furnishing materials for same. 9.4 Restoring an item of Hardware to good operating condition due to any service to Hardware by other than GDSC or its Authorized Agents, and unauthorized modifications and unsanctioned attachments extemal or internal to the Hardware as a result of Customer-supplied hardware. 9.5 Movement, relocation or reinstallation of Hardware or Software or any other hardware or software, except in connection with rearrangement due to additional Hardware or Software installed and serviced hereunder. 9.6 Any hardware or software not specified in the Quotation or subsequent amendments or Customer purchase orders as acknowledged, by GDSC. 9.7 Operating supplies or accessories including media such as tapes, disks, printer and plotter consumables such as: paper, dbbons, toner, self-service kits and dry or wet inks. 9.8 Electrical work external to the Hardware or service of accessories, alteration, attachments or other devices not furnished by GDSC or its Authorized Agent. 9.9 Hardware which GDSC specified must be maintained by Customer on a return and repair basis. 9.10 Hardware which GDSC or Hardware manufacturer specified must be routinely cleaned by Customer . .(for example, electrostatic plotter ink beds).. 9.11 Hardware that GDSC or Hardware manufacturer specified must be supplied with consumables such as paper, inks, toners and dbbons from Hardware manufacturer or approved consumables suppliers. MOVEMENT OF HARDWARE~SOF’rWARE. Customer shall not move the Hardware and/or Software to a different installation location unless specifically agreed to in writing by GDSC. Customer shall give GDSC at least thirty (30) days written notice pdor to a requested move date. GDSC reserves the dght to supervise the dismantling, packing, unpacking and reassembly of the Hardware and to inspect and reinstall the Hardware at the new installation location. Customer shall be charged for all such work performed by GDSC or its Authorized Agent at the then prevailing GDSC houdy on-call rate plus parts and travel and living expenses at cost. Service charges and coverage will be continued dudng Hardware and Software packing, movement, storage and reinstallation, 11.CONDITIONS OF SERVICE. 11.1 In the event any or all of the Hardware or Software for which service is ordered hereunder in accordance with Section 2 are not under a current Service Agreement and are not at the current release level, then, subject to GDSC approval and immediately pdor to the effective date of service hereunder, such Hardware or Software must be upgraded to the current version and release level in accordance with the following: APPENDIX D/1093 Agreement No, Amendment No.~ Page 5 of 6 (a) 11.2 Hardware. For the Hardware t~ be eligible for.service, it must be inspected and approved by GDSC or its Authorized Agent. Customer shall be responsible for all charges associated with the inspection and charges for any necessary upgrade required by GDSC or the Hardware manufacturer. (b)Software. GDSC may elect to offer Software upgrade kits to upgrade Customer’s Software from a designated release to the current production release level, The kit will include documentation, media and installation instructions. GDSC services provided hereunder are contingent .upon (i) GDSC’s ability to re-create and duplicate any Customer-reported problem, (ii) Customer’s proper use of the Hardware as recommended by the Hardware manufacturer and Software as described in the operations manuals provided by GDSC, (iii) Customer’s completion of training courses recommended by GDSC, (iv) Customer not making unauthorized changes to any Software or Hardware component of the system, and (v) no non-GDSC supported third-party hardware or software being involved. Any service which is attributable to improper use of the Hardware or Software shall be charged to Customer separately, at then prevailing standard GDSC on-call rate, plus parts and travel and living expenses at GDSC’s actual cost. 11.3 If persons other than those authorized by GDSC perform unauthorized repairs, modifications or service on the Hardware or Software, GDSC may, at its option, immediately discontinue service for any such affected Hardware or Software. 11.4 Any release or updates for operating system software received directly by Customer from the Hardware manufacturer shall be coordinated with GDSC to ensure compatibility with the then current release of the GDSC Software. GDSC shall be relieved of .responsibility for service and performance of the GDSC Software on an operating system release level or update not supported by GDSC. 12.CUSTOMER RESPONSIBILITY. 13o, 12.1 12.2 12.3 Customer, at no charge to GDSC, shall provide GDSC access to the Hardware or Software when, in the opinion of GDSC, such access is necessary to enable performance of services hereunder. GDSC will comply with Customer’s secudty regulations. Customer shall provide remote data communication access (dial-up modem) to the Software installed on the Hardware to enable GDSC to conduct remote diagnostic procedures. The Customer shall, at GDSC’s request, specify a qualified representative who will be the local point of contact for Hardware and/or Software problem resolution. 12.4 Customer shall not perform or attempt to perform service or to change any of the Hardware or Software covered by this Agreement dudng the Coverage Window. However, Customer is hereby authorized to perform and shall .provide routine service consisting of cleaning the Hardware, replacing expendable parts and performing operating checks, all in accordance with the procedures outlined in service literature pertaining to such Hardware as supplied by GDSC. Customer shall furnish all routine service supplies including all media such as tape, disk packs, paper, toners and inks. WARRANTIES. GDSC warrants that it will perform services in accordance with the terms and conditions of this Amendment. GDSC MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT BY WAY OF LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT WITH RESPECT TO THE SERVICES, TECHNICAL INFORMATION OR TECHNICAL ASSISTANCE PROVIDED BY GDSC PURSUANT TO THIS AGREEMENT. APPENDIX D/1093 Agreement No.~ Amendment No.~ Page 6 of 6 14.LIMITATIONOF REMEDIES. GDSC’s entire liability for breach of the service obligations described herein for any cause or action whatsoever and, regardless of the form of action (including negligence), shall be limited to the Customer’s actual direct damages not to exceed the service charges paid under the Agreement dudng the immediately preceding twelve (12) month pedod. IN NO EVENT SHALL GDSC, ITS OFFICERS, AGENTS AND EMPLOYEES BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. APPENDIX D/1093