HomeMy WebLinkAboutContract 30076 CITY SECRETARY
CONTRACT NO.
Cornerstone Systems, Inc.
CICS TS 1.3 Implementation
Services Agreement
For
City of Fort Worth
This Services Agreement ("Agreement") is entered into between Cornerstone Systems, Inc. (hereinafter
"Cornerstone') and City of Fort Worth. Cornerstone and City of Fort Worth are also referred to herein as
"the Parties.' The Parties agree as follows.
I. Recitals
A. The CICS Environment at the City of Fort is operating with various levels of the product. The PROD
LPAR is running two separate releases of CICS, and the TEST LPAR has CICS/TS 2.2 installed, but
not implemented.
B. Production regions at the City of Fort Worth are running under an unsupported level,CICS 4.1. Should
a problem occur, IBM would not provide any support for this release.
C. The Development region at the City of Fort Worth is running CICS/TS 1.3. While this region is
supported by IBM, it is not common practice to develop programs under a higher release of CICS, and
implement programs into production under a lower release of CICS. The results are unpredictable,
and could prove to be unreliable.
D. The Production regions should be migrated to CICS/TS 1.3, as there have been no reported problems
with CICS/TS 1.3 running in the Development region.
E. The City of Fort Worth would like to proceed with migration of the three Production regions to CICS/TS
1.3.This level of the product is supported until April 30 of 2006.
F. All Services to be rendered by Cornerstone will be provided strictly from remote locations. Onsite
support will only be provided if the Parties determine that it is a requirement for the execution of this
Agreement.
G. The City of Fort Worth will designate a person to act as a management interface or liaison between
Cornerstone Systems, Inc. and the City of Fort Worth. The direction of the project will come from the
City of Fort Worth management interface.
H. The installation may result in modifications to the estimated schedule, pricing, or other terms of this
statement of work; therefore, changes to this Services Agreement will be processed in accordance
with the procedure described in the CICS/TS 1.3 Implementation Services Agreement Addendum
"Project Change Control Procedure"document.
1. For the duration of this engagement, the City of Fort Worth ensures all modifications made to the
CICS/TS 1.3 environment by anyone other than the Cornerstone Systems technical staff, such as the
City of Fort Worth personnel or hired consultants are documented, and the information is made
available to the Cornerstone Systems technical staff.
J. For the duration of the project, Cornerstone Systems, Inc., technical staff and all other consultants
hired by the City of Fort Worth will abide by the Change Management and Problem Management
procedures currently in effect at the City of Fort Worth.
K. Cornerstone Systems, Inc.'s performance is predicated upon the City of Fort Worth fulfilling the
responsibilities specified in this Services Agreement.
March 23, 2004 1
Confidential and Proprietary
Cortrsrstone
Systems,Inc.
Cornerstone Systems, Inc.
CICS TS 1.3 Implementation
Services Agreement
For
City of Fort Worth
L. The City of Fort Worth will ensure personnel are available to complete the tasks and activities and are
available from the start date of the Services.
II. Agreement
A. Timeframe
This Agreement is effective upon full execution by the Parties and shall end upon complete performance
of this Agreement by Cornerstone or upon default of either party hereto. Assuming the City of Fort Worth
has resources available to incorporate and test the company business application programs/systems, the
services to be completed by Cornerstone, including the deliverables as specified herein, shall be delivered
no later than June 30, 2004.
B. Cornerstone Services
As used in this Agreement, services(hereinafter"Services")shall mean the following:
1. Agreement Objective
The purpose of this Agreement is to migrate the Production regions to CICS/TS 1.3 to coincide
with the Development region already at CICS/TS 1.3.
2. Scope of Work
a) Review the existing IS practices
b) Review the existing CICS configuration
c) Define the Production CICS/TS 1.3 regions.
d) Copy existing applications to CICS/TS 1.3 Production regions.
e) Monitor the migration and perform problem resolution
3. Deliverables
The project deliverables under this Agreement shall include the following:
a) The Production CICS regions and the Development CICS regions in the PROD LPAR will
both be running at the supported CICS/TS 1.3 level.
4. Resources
A Technical resource will be assigned whose responsibility will be to migrate all Production
regions to CICS/TS 1.3.
C. City of Fort Worth Responsibilities
For the term of this Agreement and solely for the purposes of rendering Services under this
Agreement,the City of Fort Worth is responsible for the following:
a) Providing user ID's and passwords with required access authority and remote dial-up or telnet
access to the enterprise servers in scope
b) Providing an onsite workspace, including desks, active telephones, terminals and live data jacks
March 23, 2004 2
Confidential and Proprietary
Cornerstone
MRSystems,Inc.
Cornerstone Systems, Inc.
CICS TS 1.3 Implementation
Services Agreement
For
City of Fort Worth
for Internet access only if it is determined by the Parties that onsite support is required
c) Providing building access, including badges, parking passes and any required security codes only
if it is determined by the Parties that onsite support is required
d) Providing an IS contact list
e) Participating in any project status meetings
f) Providing access to manuals and/or installation documentation for the CICS TS 1.3 software
g) Providing knowledge of the procedures for the existing IS practices
h) Assisting with the CICS TS 1.3 requirements gathering, including the:
- Configuration for the current and proposed CICS software
- Configuration for the existing CICS regions
i) Performing the testing of the Production CICS/TS 1.3 regions.
j) Performing any application program changes deemed necessary.
D. Compensation and Payment
1. Price
a. Services: Cornerstone Systems estimates that it will take approximately 50 hours to
complete the services described in this Statement of Work. While the number of hours to
complete the services described in this Statement of Work is an estimate, Cornerstone
Systems is prepared to cap the hours required to complete these services at 75, thereby
limiting the liability of the City of Fort Worth. The scope of work defined is based on an hourly
rate of$150.00 and is priced as follows:
Migrate Production regions to CICS/TS 1.3 50 $7,500
However, if the City of Fort Worth chooses to renew the TechCenter contract currently in
Effect, but due to expire April 11. 2004,the price would drop to$130.00 per hour and would
be priced as follows:
Migrate Production regions to CICS/TS 1.3 50 $6,500
b. Hotline: The Cornerstone Hotline Support is included with this Technical Services
engagement for a limited-time only. Support starts once Cornerstone begins the migration to
CICS/TS 1.3 and continues up until thirty-(30) calendar days following the Production System
implementation. The Hotline Coordinator opens a ticket and contacts the appropriate
Cornerstone resource. The technician or manager contacts the Client to address the issue or
request. The Hotline Coordinators and Cornerstone Managers monitor the ticket to ensure
that the incident is brought to a successful resolution and or closure. After the thirty-(30) day
March 23,2004 3
Confidential and Proprietary
Cornerstone
0 Systems,Inc.
Cornerstone Systems, Inc.
CICS TS 1.3 Implementation
Services Agreement
For
City of Fort Worth
period, the Client can continue to call the Cornerstone Hotline for problem reporting for a
maximum of a 30-minute consultation with a Cornerstone Technician or Manager. If the
request or issue cannot be handled during the consultation, a determination will be made as
to the next steps.
However, if the TechCenter contract currently set to expire April 11, 2004 is renewed, the
Cornerstone Hotline Support will extend to the life of the TechCenter Contract.
2. Expenses
a. The hourly rate assumes Internet access to the Client system will be available. If Internet
access is not available, phone charges for remote support will be billed to the Client.
Additionally, telephone charges for conference calls in excess of six calls per month are
billable at cost to the Client.
b. If determined by both Parties that onsite support is required, there must first be a mutual
agreement between the Client and Cornerstone Systems, Inc. on the scope of work,
timeframes and estimated associated travel and living costs before any arrangements can be
made. Expenses associated with this type of onsite support are billable at cost to the Client,
which include the following:
✓ Airfare
✓ Auto Rental
✓ Lodging
✓ Meals(the per diem must by agreed to by the Client and Cornerstone)
✓ Telephone(for lodging dialup/intemet,phone support/conference calls and fax expenses)
✓ Ground Transportation(for mileage,gas,taxis,tolls, parking fees)
Mileage costs are based on the current IRS rate.
c. The Client agrees to be responsible for actual and reasonable costs for supplies and/or
materials, which Cornerstone has substantiated are necessary to provide the Client the
benefit of its bargain under this Agreement, provided each expense has been pre-approved
by the Client in writing.
March 23,2004 4
Confidential and Proprietary
Cornerstone
OlKystems,Inc.
Cornerstone Systems, Inc.
CICS TS 1.3 Implementation
Services Agreement
For
City of Fort Worth
E. Terms and Conditions
1. Execution of this Agreement must commence within 90 days from the date that it is formally accepted
and signed by the Client. If this timeframe is not met, this Agreement will be considered void and a
new Agreement will need to be presented if the Client still wishes to have the Services performed.
2. Cornerstone agrees to provide as many Cornerstone employees as necessary to fulfill this Agreement.
3. All Services to be rendered by Cornerstone will be provided strictly from remote locations. Onsite
support will only be provided if the Parties determine that it is a requirement for the execution of this
Agreement.
4. Services time, which includes telephone support and participation in conference calls with the Client,
will be recorded in tenths of hours, and are rounded up to the nearest tenth. For onsite services, a
minimum of 4 hours will be charged for a local Client and 8 hours for a remote Client. A Client is
considered local if they are located within 100 miles of a Cornerstone office.All others are considered
remote.
5. Requested services that are agreed to be Out of Scope will be processed in accordance with the
"Project Change Control Procedure" documented in the Addendum and will be billed at $150.00 per
hour.
6. Cornerstone Systems, Inc. shall not be liable for failure to provide the Services if such failure is due to
Client's failure to meet its obligations hereunder or any other cause or condition beyond Cornerstone
Systems, Inc.'s reasonable control.
7. Cornerstone Systems, Inc. shall not be liable for cost overruns due to failures in the software or
hardware or customer non-participation. Should such failures occur, there could potentially be
additional charges for the time required to resolve them.
8. If any portion of this Agreement or Statement of Work is held invalid under any statute or rule of law,
then such portion only shall be deemed omitted.
9. Cornerstone Systems, Inc. shall not be liable for any lost profits or for any claim or demand against
Client by any other party. Cornerstone Systems, Inc.'s liability for damages under this Agreement,
regardless of the form of action, shall not exceed the fees and any additional payments received from
the Client.
10. All information related to Client's business which is submitted by Client to Cornerstone Systems, Inca
pursuant to this Agreement or to which Cornerstone Systems, Inc. has access in the performance of
the Services shall be safeguarded by Cornerstone Systems, Inc. to the same extent that Cornerstone
Systems, Inc. safeguards information relating to its own business. If, however, such information is
publicly available, already known by Cornerstone Systems, Inc. or is rightfully obtained from third
parties, Cornerstone Systems, Inc. shall bear no responsibility for its disclosure, inadvertent or
otherwise.
11. Client shall safeguard all proprietary Cornerstone! Systems, Inc. information as they would their own.
Cornerstone Systems, Inc. proprietary information includes this Agreement and any other documents
from Cornerstone Systems, Inc. that are identified in writing as Cornerstone Systems, Inc.'s
proprietary information.
March 23,2004 5
Byaw
Confidential and Proprietary
Co ;17 =
Cornerstone Systems, Inc.
CICS TS 1.3 Implementation
Services Agreement
For
City of Fort Worth
12. Cornerstone shall be fully responsible and liable for the misuse, abuse or neglect of any and all of the
foregoing and, without limitation, of Client property or facilities, by employees, agents or
representatives of Cornerstone.
13. Cornerstone Systems, Inc. is an Equal Opportunity Employer. Cornerstone Systems, Inc. adheres to
all federal, state, and local laws regarding non-discrimination in the work place due to race, sex, age,
religion, or national origin.
14. Cornerstone Systems, Inc. and Client agree not to solicit the employment of the other's personnel at
any time during or within a twelve-month period after completion of this Agreement.
15. In the event either party engages legal counsel to enforce any right arising from this Agreement, the
prevailing party in any litigation shall be entitled to attomeys'fees.
16. All services provided will be invoiced at the end of each month. Payment terms are net 30 days from
receipt of invoice and satisfactory completion of services by Cornerstone.
17. All invoices will be mailed to the following address:
City of Fort Worth
1000 Throckmorton Street
Ft.Worth,TX 76102
Attn: SlwFy-4ehmem
In the event that the billing address changes, the Client agrees to notify Cornerstone Systems, Inc in
writing within 30 days of effect at the following address:
Cornerstone Systems, Inc.
420 Exchange, Suite 150
Irvine,CA 92602
Attention: Mr. Michael Hicken
March 23, 2004 6
Confidential and Proprietary -"
�arnersfor�e
ysterns,I»a.
Cornerstone Systems, Inc.
CICS TS 1.3 Implementation
Services Agreement
For
City of Fort Worth
ACCEPTANCE OF THIS AGREEMENT IS INDICATED BY THE APPROPRIATE AUTHORIZED
SIGNATURES BELOW.
Accepted by: City of Fort Worth Cornerstone Systems, Inc.
Name&Mr S (Z hQt-JoWame t4l(lh .el F. 4IdX/V1
(Plea Type or Print) (Please Type or Print)
Signature Signature f
Titl 'tle 0.F,0•
Date C) Date ROL4
Please submit payments to:
Cornerstone Systems Inc.
PO Box 51746
Los Angeles,CA 90051-6046
Federal Tax ID: 95-4313244
liz4=4;Qate;'���f\ CgAUwW
ATTESTED BY
a AV
Contract authorization
Date
March 23, 2004 7
Confidential and Proprietary 1
Cornerstone
?� systems,Inc.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approve /20/2004
DATE: Tuesday, April 20, 2004
LOG NAME: 13PO4-0081 REFERENCE NO.: **P-9948
SUBJECT:
Purchase Agreement with Cornerstone Systems Inc., for Mainframe Computer Systems
Programming Services for the Information Technology Service Department
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a purchase agreement with Cornerstone Systems, Inc. (CSI) for mainframe computer
systems programming services, using the State of Texas Catalog Information Systems Vendors (CISV)
process, for an estimated first year cost of$152,000; and
2. Authorize this agreement to begin on April 20, 2004 and expire on April 19, 2005, with options to
renew for two additional one-year periods; and
3. Ratify payment for computer systems programming services from CSI for the period of April 11 through
20, 2004, for an estimated $2700.
DISCUSSION:
On April 8, 2003 (M&C P-9780), the City Council authorized the purchase of mainframe computer systems
programming services for one year from Cornerstone Systems, Inc. The CSI purchase agreement replaced
services that had been previously provided by the Avizion Technology Group.
The mainframe computer environment requires operating systems programming. Maintenance and periodic
updates of software for the mainframe computer are necessary for the city's primary customer
departments. The Public Safety, Municipal Courts, Human Resources and Finance Departments are vital
programs running on the mainframe computer.
The provision of this service by an outside vendor is a less expensive option than the city hiring at least 2.5
full-time personnel. This vendor model permits a company to staff each deliverable element with resources
that have expertise in that area. The benefits include:
The mainframe software system will be supported on a 7 day a week, 24 hour per day basis.
• The provision of systems management, which includes product installation, de-installation and
performance and tuning activities.
Performance of scheduled maintenance for software products, support for application issues and
support for production control issues.
Providing valuable systems information to management through detailed status reports including
Logname: I IP04-9991 Vnn� 1 ^f 2
logging of mainframe performance.
An additional requirement this year is for the vendor to be on-site at least one week per month, for the
duration of the agreement.
Two additional projects are included in this year's agreement. Both will address deficiency issues as
identified by the Premis Group's process maturity model:
Upgrade and standardize the on-line Customer Information Control System (CICS) environment to
current IBM standards
Implement TurboTunes to achieve performance tuning and optimization of the current installed
applications environment. The TurboTunes product allows for greater efficiency for on-line response times
and can significantly improve the time it takes to complete batch jobs.
In late February 2004, a detailed document was developed listing the scope of services required. The
document defined how the vendors should respond, and it provided extensive information about the
mainframe computer operating environment. The IT Solutions Department solicited quotes from seven
Catalogue Information Systems Vendors (CISV). Six vendors did not provide the City with a quote for the
requested services. Three vendors provided a reason for their no bid response:
1. ACS Inc.--At the time of the request ACS did not have the appropriately trained staff available to
provide the requested services. _
2. Tek Systems Inc.--The vendor representative indicated that the company was not prepared to enter
into an agreement which contained Service Level Agreements (SLA).
3. Idea Integration--At the time of the request Idea Integration did not have the staff to provide the
requested services.
Three vendors, Amherst, Logical Resources and TMP Inc., did not respond to either email or phone
contacts by IT Solutions staff.
CSI responded with a quote that met specifications. The base price for the mainframe operation systems
support is $9,500 per month. To achieve the goal of being on site one week each month, CSI quoted the
cost of travel and living expenses at cost and agreed to a $12,000 limit for the year, unless prior written
authorization is approved by the city. The IT Solutions staff made a decision that two additional projects
(upgrade CICS and implement TurboTunes) would be beneficial to the city to address deficiency issues as
defined by the Premis Group. CSI provided written quotes for the two projects and provided pricing for an
additional four weeks of on-site service. The additional cost for the two projects and on-site time is
$26,000. The total cost for the year for base support services, upgrades, new projects and travel is about
$16,000 less than the previous years agreement.
The previous agreement with CSI ended on April 11, 2004. The second recommendation is for ratification
of payment for three days of the remaining mainframe systems support.
Cornerstone Systems Inc., is designated as a CISV vendor by the State of Texas. Under Section 271.083
of the Texas Local Government Code, a local government satisfies otherwise applicable bidding
requirements when it makes a purchase through the State of Texas General Service Commission catalogue
purchasing procedure, as established by Section 2157.061 of the Texas Local Government Code. The city
will comply with that procedure for the purchase agreement under this Mayor and Council Communication.
M/WBE -
A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and
Logname: 13PO4-0081 pan'. 1 ..f 2
e '
approved by the M/WBE Office because the purchase of goods or services is from sources where
subcontracting or supplier opportunities are negligible.
RENEWAL OPTIONS -
This agreement may be renewed for up to two successive one-year terms at the city's option. The cost of
travel for the renewal periods may be increased, if the vendor provides documentation that there has been
an increase in air fares, lodging and per diem costs. This action does not require specific City Council
approval provided that the City Council has appropriated sufficient funds to satisfy the city's obligations
during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Information Systems Fund.
BQN\04-0081\LGS
TO Fund/Account/Centers FROM Fund/Account/Centers
P168 539120 0043020 $76.000.00
Submitted for City Manager's Office by: Charles Boswell (6183)
Originating Department Head: Jim Keyes (8517)
Additional Information Contact: Robert Combs (8357)Kate Yarhouse (8465)
Loename- 11PO4-00R1