HomeMy WebLinkAboutContract 37011CA, Inc.
One CA Plaza, Islandia, New York 11749
Tel: +1 800 225 5224
CON RAC1 NO D7U
STATEMENT OF WORK
Customer Name:
City of Fort Worth
Customer No.: 4883
Customer Address:
1000 Throckmorton St., Ft. Worth TX 76102-6311
Installation/Service Site Address: (if different from above) as above
Customer Technical Contact:
Name: Julie Smith
Email: julie.smith@fortworth.gov
Phone: 817.392.6428
Billing Company Name: (if third party payor) as above
Billing Contact:
Name: Julie Smith
Email: julie.smith@fortworth.gov
Address: 1000 Throckmorton St., Ft. Worth TX 76102-6311
Phone: 817.392.6428
Ship to Contact:
Name: Julie Smith J
Email: julie.smith@fortworth.gov
Address: 1000 Throckmorton St., Ft. Worth TX 76102-6311
Phone: 817.392.6428
Check here if Customer Purchase Order (PO) is required
P.O. Number:
Note: PO terms do not apply
Name of Services:
CA Spectrum & eHealth Implementation
Effective Date: April 18, 2008
This Time and Materials Statement of Work ("SOW") is entered into between CA, Inc. ("CA") and the City of Fort Worth
("Customer" or "City").
This SOW and the General Terms and Conditions attached hereto, collectively, form the "Agreement".
Customer has requested, and CA agrees to provide, the information technology services set forth herein (the "Services").
All other agreements, proposals, purchase orders, representations and other understandings concerning the subject
matter of the Services, whether oral or written, are superseded in their entirety by this Agreement. Terms on a
Customer's purchasing documents (regardless of issuance date) shall have no force or effect on this Agreement. The
Services to be performed by CA pursuant to this SOW shall be contingent on receipt and acceptance by CA of a signed
Reseller Order Form from CA's Authorized Reseller, Software House International.
The rates and terms in this SOW are valid for thirty (30) business days from the Effective Date set forth above, after which
this offer shall automatically expire. In the event that Customer executes this SOW after such time, and CA then elects to
countersign this SOW, the preceding sentence shall not apply.
Each of the undersigned has read this Agreement and is duly authorized to bind the respective party below.
SECTION A. OVERVIEW
9. OVERVIEW
CA
Signed: C,%,
Name: Ian Kent
Title: f3up 'rl/iS®r, Contracts
Date: �/l 11 /0
ASSI�TANICCITY ATTORNEY
Customer has chosen CA Spectrum and eHealth to help support Customer's objective.
CA is undertaking this Services engagement to assist Customer to achieve this objective. This engagement is designed
to deploy such CA software within Customer's IT infrastructure in accordance with CA "best practices" design and
implementation methodologies to support Customer -identified people, process and technology requirements within
parameters defined herein (the "Solution"),
Customer Initial
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2. RESPONSIBILITIES OF THE PARTIES
The team performing the Services (the "Project") will consist of (i) CA personnel and (ii) Customer personnel (collectively,
the "Project Team"). Customer and CA are each responsible for the performance of their respective independent
contractors. Each party agrees to provide qualified personnel to perform their responsibilities under this SOW and to use
practical and diligent efforts to maintain the continuity of their respective personnel assigned to the Project and perform
the tasks identified as their responsibility in the Project schedule.
Customer and CA will mutually agree upon the tasks to be completed by both parties prior to each Project Stage and,
upon validation of planning, schedule, tasks, specifications and test criteria; any such decisions will not be unreasonably
withheld or delayed.
3. PROJECT MANAGEMENT SERVICES
CA will designate a project manager as the principal point -of -contact for the Project and who provides the project
management services below. Customer agrees to designate a Customer project manager to assist the CA project
manager to fulfill the responsibilities in connection with project management as set out below.
• Prepare the Project Management Plan and Project schedule.
• Verify expectations, requirements and acceptance criteria with Customer sponsor and key stakeholders.
• Select and schedule Customer and CA personnel to complete the Project tasks.
• Prior to the beginning of each Stage, review tasks and responsibilities for that Stage.
• Establish and manage Project activities:
o Provide a weekly progress report consisting of: (i) status Project activities against the Project
Management Plan and Project schedule, and (ii) any issues associated with making progress. It is
anticipated that weekly progress meetings will be held with the Project Team.
o Manage changes, modifications, additions to scope, timeframes, and other requirements in accordance
with the Change procedure and Escalation and Dispute Resolution procedure set forth in Section E,
below.
o Follow CA's risk management procedure to identify, review, manage and escalate as appropriate.
• Obtain Customer sign -off on CA timesheets.
SECTION B. SERVICES SCOPE
1. PROJECT APPROACH
This Project will be performed in accordance with CA's implementation methodology identified in the stages below (each a
"Stage"; collectively the "Stages"). Each Stage has a predetermined set of tasks and goals.
The work from the prior Stage will form the basis of the work for the next Stage. Work from prior Stages will not be
revisited at a later Stage in the Project, even if the work is different from the work originally agreed upon.
In performance of this SOW, CA will provide Customer with the following Project Services:
Estimated Effort (Hours)
Stage 1 - Proiect Setup and Initiation Solution Project Manager — 36
Prior to CA arriving at the Customer site, a series of joint conference calls will be
held in order to prepare both CA and the Customer for the beginning of the
implementation. These items will be accomplished via Pre -Project preparations and
a Project Kickoff Meeting.
• Setup:
o Creation and approval of project management plan.
o Creation and approval of project schedule.JM
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CA Initial
o Scheduling of start dates and physical logistics:
■ Conference calls to introduce project team.
■ Validate prerequisites: hardware, software, security
clearance, passwords, etc.
■ Project manager to present Customer solution to internal
review team.
• Project Management:
o Maintain project schedule.
o Status meetings.
Stage 2 — CA SPECTRUM
Solution Senior Consultant — 34
Installation, Base "Out of the Box" Configuration:
• Verify server configuration (OS version, patches, memory, disk space).
• Installation CA SPECTRUM Primary (up to one (1) SPECTRUM Assurance
Server).
o ATM Mgr, FrameRelay Mgr, WatchEditor, SANM, Service Mgr,
Report Mgr, Service Mgr, Service Performance Manager.
• Install CA Network OneClick Server.
• Perform a series of auto discoveries (up to two hundred (200) network
devices).
• Organize topology.
• LAB Installation
o Installation CA SPECTRUM® LAB (up to one (1) SPECTRUM®
Assurance Server)
o Installation CA SPECTRUM® OneClick LAB (up to one (1) OneClick
Server)
Stage 3 - CA SPECTRUM Configuration
Solution Senior Consultant — 70
Implementation Preparation:
• Define user security for views.
• Define alarm filters.
• Define Service Performance Manager Requirements.
• Define Service Manager Requirements.
Solution Implementation:
• Create Global Collections (up to five (5) collections).
• Configure User Security.
• Configure restricted Views (up to five (5) views).
• Configure SANM (up to five (5) Policies, five (5) filters).
• Configure Service Manager (up to five (5) Services or Subservices).
• Demonstrate Report Manager.
• Schedule Report Manager (up to five (5) reports).
• Configure Service Performance Manager test (up to five (5) templates or ten
(10) individual tests).
Stage 3 — CA eHealth Implementation
Solution Senior Consultant — 8
eHealth Installation:
• Verify server configuration (OS version, patches, memory, disk space).
• Install eHealth Core Application for Distributed e2e Console.
• Install latest SP & Dev Cert.
• License Application.
• Install System Edge on Server.
• Schedule & execute Database Save.
• Certify Installation.
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Stage 4 — CA eHealth Post Install
Solution Senior Consultant — 64
• Device I Element Discovery via SPECTRUM Global Collections (up to 3,000
elements).
• Create Web Users.
• Schedule and Test report generation (including eMail).
• Create Live Health Users.
• Establish Groups (up to five (5) Groups).
• Establish Group Lists (up to five (5) group lists).
• Establish Live Exceptions Profiles Rules (up to five (5) Out of the box).
• Establish Live Exceptions for event Notifications (Trap Generation).
Stage 5 — Knowledge Transfer
Solution Senior Consultant — 16
Knowledge Sharing:
SPECTRUM:
• Review deployment architecture.
• Demonstrate SPECTRUM Solution.
• Walkthrough Configuration Process.
• Walkthrough Report Manager reports.
• Expose Operations to Solutions.
eHealth:
• Review deployment architecture.
• Demonstrate eHealth Solution.
• Walkthrough Configuration Process.
• Walkthrough Report Creation.
• Expose Operations to Solutions.
Stage 6 = Project Handoff and Closure
Solution Project Manager — 8
Introduction of solution into production environment supported by Customer
personnel.
• Project closure:
o Conduct project closure meeting.
o Perform post -project assessment.
o Obtain Customer Formal Validation and Closure.
o Deliver all project documentation to Client Project Sponsor.
o Provide recommendations for future optimization or enhancements.
Stage 7 — Documentation
Solution Senior Consultant — 16
(Occurs off site)
• Documentation:
o CA SPECTRUM Summary.
o CA eHealth Summary.
2. CUSTOMER -SPECIFIC ENVIRONMENT, CONFIGURATIONS, AND PARAMETERS
Customer provided the following details about their environment and worked with CA to define the following Solution
configurations and parameters: Customer needs CA Spectrum and eHealth to manage their network environment with
less man resources.
These specific parameters and configurations were used in determining the scope of Services of this SOW. Any changes
to these specifications may result in a change to the Project fees or schedule and will be handled using the Change
procedure below.
ID
Customer Initial / �
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SECTION C. EXCLUSIONS, ASSUMPTIONS, CUSTOMER RESPONSIBILITIES
At this time it is not possible to now with certainty all factors which will ultimately determine the Project schedule, effort
and cost. Moreover, the performance of the Project Team and events outside of either party's control can impact the
schedule and cost of the Project.
If the Exclusions, Assumptions or Customer Responsibilities set forth in this Section C change or otherwise do not prove
to be accurate as the Project progresses, changes to the schedule, effort and/or cost will be made and Customer and CA
will promptly meet and equitably adjust Project cost, effort and/or schedule.
1. EXCLUSIONS
a. Implementation of:
High Availability or Disaster Recovery for CA eHealth.
ii. eHealth Remote Poller.
iii. eHealth or SPECTRUM SNMPv3.
iv. eHealth Workflow Integration Modules.
v. eHealth Data Integration modules,
vi. eHealth Application Response.
vii. eHealth Traffic Accountant.
viii. eHealth Business Service Console.
ix. WinTask.
x. SystemEdge component deployment (SystemEDGE Agents, Service Availability Agents, or
TrapEXPLODER).
As SPECTRUM Network Configuration Manager.
xii. Multicast Manager.
xiii. VPN (Virtual Private Network) Manager.
xiv. QoS (Quality of Service) Manager.
b. Integrations:
i. Remedy Gateway Integration.
ii. MOM GW Integration.
His Nortel Preside GW Integration.
iv. TL1 GW Integration.
v. Modeling Gateway Integration.
vi. Southbound Gateway (SBGW) Integration.
c. Development of custom data import modules, custom reports, customized Report Center reports, custom element
types.
d. SPECTRUM® Customizations such as Trap Mapping, Event / Alerts, OneClick Views, MIB Imports.
e. Custom management modules.
f. Custom model types.
g. Implementation of or integration with other CA or third party software.
h. Any additions, modifications or changes to the activities expressly stated herein are outside the scope of this SOW
and must be handled via a separate Agreement or a mutually agreed upon and executed Change Request.
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2. ASSUMPTIONS
a. In the event of any conflicts or inconsistencies between the Solution Architecture Specification (SAS) or this SOW,
this SOW shall control. The SAS shall not be interpreted to impose any additional tasks, obligations, responsibilities or
liability upon CA.
b. Customer is solely responsible for establishing and maintaining an effective monitoring system and for all other
internal controls, including, without limitation, approaches and systems to achieve its control objectives, including,
Customer's compliance with applicable laws and regulations.
c. All onsite work to be done at one (1) Customer location within North America unless otherwise agreed to in writing by
CA and Customer.
d. The CA eHealth and CA SPECTRUM software will be installed and configured according to CA best practices and the
agreed upon design.
e. Information collected by CA eHealth or CA SPECTRUM on any device running at a firmware version not supported by
CA eHealth may be limited.
f. Access to information and documentation concerning Customer's systems and applications including relevant
business and technical documentation will be provided. This includes access to computer -based
knowledge/document management systems.
g. All servers involved in this Solution will have the applicable operating system installed and patched to the level
specified by CA best practices. The Customer's network will be available at the time of installation.
h. Security access levels available to CA personnel will be identified prior to the start of the implementation. As much
security access as possible according to company policies will be set up and identified.
i. Customer personnel will be available at installation time to assist with administrator access to the servers and to
resolve any network issues including firewall configuration and any other access issues that require access other than
that supplied to CA personnel.
j. Work necessitating access to other physical location will be done with central site. Customer personnel on site to
assist with interaction with other site personnel.
k. Network connectivity to all users will be available.
Customer agrees to: (i) obtain decisions on issues requiring Customer resolution so as not to adversely impact the
Project timetable, and (ii) review documents, and approve as applicable weekly timesheets acknowledging hours
worked by CA personnel or Project deliverables within five (5) business days from the date on which the item was
provided to Customer. On a day-to-day basis, the parties may employee procedures which contemplate a longer
resolution for certain types of business and operational decisions.
3. CUSTOMER RESPONSIBILITIES
Initial Responsibilities:
a. Complete and return any required pre-onsite questionnaire, and execute any required preparation scripts before this
project starts.
b. Provide CA with access to all relevant information and documentation concerning Customer's systems and
applications including business and technical documentation. This includes access to computer -based
knowledge/document management systems.
c. Designate a single point of contact (SPOC) as the Customer project manager who has the authority to make
decisions regarding the operation of CA products and services.
d. Designate a Customer Project sponsor who will represent Customer management and to whom the Customer project
manager will escalate issues and executive -level decisions.
e. Ensure all supporting hardware (and operating systems), network connectivity and site security is completely installed
and operational prior to the arrival of the CA personnel.
f. Ensure that the target SpectroSERVER/SpectroGRAPH host machines (NT or UNIX workstation) are fully operational
and properly configured with the current version of OS and all OS patches installed prior to the start.
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g. Ensure that the target CA eHealth host machines (NT or UNIX workstation) are fully operational and properly
configured with the current version of OS and all OS patches installed prior to the start.
h. Provide SNMP community string information for all devices to be discovered and modeled (read access is required for
monitoring, write access is required for configuration).
Not schedule any major network upgrades or significant planned outages concurrent with the on -site portion of this
project.
OngJ ::I Protect Responsibilities:
a. Provide a comprehensive list of IP addresses and/or address ranges, current network diagrams) and/or descriptions,
and community strings for all devices in the network to be discovered and modeled by this service.
b. Ensure that the CA personnel have SuperUser or Administrative privileges on all target host machines during the
installation and configuration of the CA eHealth software. If root access is not provided to the CA project team, the
Customer will have a staff member available on demand during the engagement to authenticate as root on the
Customer's systems when needed.
c. Ensure Customer resources are available to assist CA personnel throughout the project to complete the analyses, the
solution architecture and implementation and test plans, and the deployment. These key resources include but are
not limited to the following roles: System Administrators, Department Managers, Security Administrators, Network
Administrators, Database Administrators, Business Line Owners.
d. Coordinate all internal scheduling with the appropriate Customer agencies (including facility managers, security
personnel, associated contractors, affected work communities, etc.), as required to meet the project start and
completion dates.
e. Ensure network connectivity between the target CA eHealth host and all specified devices to be modeled across the
network, including SNMP and ICMP connectivity ensuring the network is configured to allow SNMP and ICMP packets
to be transmitted between the CA eHealth host and all specified network devices.
f. Ensure network connectivity between the CA eHealth server(s) and CA eHealth client systems.
g. Ensure network connectivity between the CA eHealth Distributed System and CA eHealth Distributed Console, if
implemented.
h. Access to City's network shall be governed by the Limited Access Agreement executed between the parties.
SECTION D. FEES
1. PROJECT FEES
The estimated time and materials fees for the Services and out of pocket expenses described in this SOW will be paid to
the CA Authorized Reseller, Software House International (SHI), in accordance with this Section 1 and the SHI quote
#2550610 dated March 14, 2008 as agreed to between SHI and Customer. CA makes no representation or warranty that
the Services described herein will be completed within the estimated hours or estimated fee set forth below. CA may
distribute the estimated hours among different roles as business requirements dictate, provided the total estimated fee for
the engagement, including fees for any executed change requests, is not exceeded.
PROJECT FEES GRID
Role
Estimated Hours
Solution Senior Consultant
208
Solution Project Manager
44
TOTAL
252
The above estimated hours are based upon the information supplied to CA by Customer and if there is a variation in this
information, then the estimated effort for the engagement may change.
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The period of performance is from the Effective Date through December 31, 2008. The hours above are only available at
the agreed upon rates during this period of performance, and may not be carried over to a later timeframe unless
otherwise agreed to in writing by CA. Unless otherwise specified elsewhere herein, CA and the Customer shall make
commercially reasonable efforts to begin the Project within two (2) weeks of the execution of the SOW, provided
Customer has notified CA that the Customer's pre -engagement responsibilities have been satisfied.
SECTION E. ADDITIONAL TERMS
1. CHANGES
Any changes, additions, modifications to the scope, timeframes for performance, fees, or any of the other terms and
conditions of this SOW will be administered through the Project change control procedure as described herein. When a
need for a change to the Project is identified, CA will complete a "Change Request" form. This form will describe CA's
understanding of the requested change, the impact that the change may have on the current Project, and the estimated
resources and time required to implement the change. The Change Request form will set forth the fee due to CA for such
change (if applicable). The CA project manager will provide the completed form to the Customer's project manager for
review and approval. Estimates provided to the Customer will remain valid for a period of ten (10) business days from the
date of submission. If the Customer does not approve the Change Request within the ten (10) business days, and CA
has not extended the approval period in writing, the Change Request will automatically expire. Following receipt of the
Customer's written approval a valid Change Request, will be considered to be a formal amendment to this SOW and the
Project Team will begin any related work. Due to the complexity of some Project change requests, the Customer may be
charged for the time required to scope and estimate the requested change. The CA project manager will advise the
Customer if a charge will apply.
2. ESCALATION AND DISPUTE RESOLUTION
In the event that a dispute arises, the CA project manager or Customer project manager as appropriate shall be promptly
notified by the party raising the issue in writing. The parties shall then meet in good faith to resolve the issue. If the parties
are unable to resolve the issue within ten (10) business days or other agreed upon timeframe, the parties shall each
escalate the issue to their respective senior management for resolution.
3. PRODUCT LICENSES
Customer acknowledges that the Services to be performed pursuant to this SOW will not customize or alter the value or
functionality of the Software Programs licensed by Customer from CA under a separate license agreement (the
'Software") and no development activity will be included as part of the Services activity nor are the Services activity
pursuant to this SOW necessary for the Customer to enjoy the full benefits of the Software's intended features and
functions. Payment of any License Fee and/or maintenance fee due under any license for the Software between
Customer and CA are not contingent upon the performance by CA of the Services under this SOW.
4. INSTALLED SOFTWARE
In connection with CA's performance under this SOW, Customer acknowledges that CA may install on Customer's
computers certain software that is owned or licensed by CA and not licensed by Customer. These software products may
consist of tools, processes and methodologies, and they are the proprietary property of CA or CA's licensor.
The Customer hereby expressly authorizes CA to utilize such software in connection with the delivery of the Services
hereunder and, when necessary, to load and install such software on the Customer's CPUs in order to permit CA to
perform its obligations. The Customer and its personnel will keep such software strictly confidential, and will not use the
software for anything other than the delivery of the Services provided hereunder, nor market, copy, disclose or otherwise
distribute the software. The Customer will not remove or destroy any proprietary markings of CA.
At the conclusion of this Project, the Customer hereby authorizes CA, and CA shall be entitled, to remove all components
of the software from the Customer's CPUs. Upon request by CA, the Customer shall cooperate with CA in such removal
efforts by furnishing CA with certification that all such components of the software have been deleted from Customer's
systems. The provisions set forth in this section shall survive the expiration or termination of this SOW for any reason.
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SECTION F. GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
1.1"Confidential Information" means any information, maintained in confidence by the disclosing party, communicated in
written or oral form and that is marked as proprietary, confidential or otherwise so identified, and/or any information that by
its form, nature, content or mode of transmission would to a reasonable recipient be deemed confidential or proprietary.
Notwithstanding any provisions herein to the contrary, CA's Licensed Programs and Documentation are Confidential
Information.
Already defined in SOW, "Term" means the period of performance for Services, or other obligation(s) as set forth in this
Agreement.
1.2 "Work Product" means all items produced for Customer's use under this Agreement.
2. GRANT OF LICENSE
2.1 CA grants Customer a non-exclusive, non -transferable license to use the Work Product subject to the terms herein.
2.2 Customer agrees that it shall not: (i) access or use any portion of the Work Product not expressly licensed and paid for
by Customer; and (ii) export or use the Work Products, deliverables or related documentation in violation of U.S., or other
applicable laws or regulations, including the U.S. Department of Commerce export administration regulations.
2.3 CA authorizes Customer and Customer's authorized contractors and agents that agree to be bound by terms and
conditions no less restrictive than those contained herein (collectively the "Authorized Users") to use the Work Product
hereunder. A breach by an Authorized User of this Agreement shall be considered to be a breach by and the responsibility
of Customer.
3. FEES
3.1 All fees and expenses due to CA from Customer shall be paid in accordance with Section D. Fees in this Agreement.
3.2 CA reserves the right to charge interest in an amount of 1 % per month or the maximum amount allowed by law in the
event that fees are not paid when due. CA reserves the right to withhold performance of its obligations hereunder or
related obligations in the event of non-payment of fees. In the event that Customer's internal procedures require the
issuance of a purchase order or similar document, Customer will employ reasonable efforts to tender such a document in
a timely manner consistent with the terms herein, and absence of such purchase order(s) or related document(s) will not
relieve Customer of any of its obligations hereunder. Any refund of fees paid in accordance with the warranty or
indemnification provisions herein will terminate the license for the applicable Work Product.
4, CONFIDENTIAL INFORMATION
4.1 For all purposes under this section 4, the Disclosing Party means the party that transmits or otherwise communicates
Confidential Information to the Receiving Party, and the Receiving Party shall be the party that receives the Confidential
Information from the Disclosing Party. For the purposes of this Agreement, the following is not considered Confidential
Information: (i) information which the Receiving Party has been authorized in writing by the Disclosing Party to use without
restriction; (ii) information which was rightfully in the Receiving Party's possession or rightfully known to it prior to receipt
of such information from the Disclosing Party; (iii) information which was rightfully disclosed to the Receiving Party by a
third party having proper possession of such information, without restriction; (iv) information which is part of or enters the
public domain without any improper action or inaction by the Receiving Party; and (v) information which is independently
developed by the Receiving Party without use or reference to the Disclosing Party's Confidential Information; and (vi)
information that is required to be disclosed pursuant to applicable law, rule, regulation or a court order..
4.2 The Receiving Party shall use the Disclosing Parry's Confidential Information only for the purposes set forth in this
Agreement, and shall cause its employees, agents, financial advisors, attorneys and Authorized Users, if any, to maintain
such Confidential Information in complete confidence, and shall disseminate such Confidential Information only on a
need4o-know basis. The Receiving Party shall be permitted to disclose Confidential Information in connection with a
judicial or administrative proceeding to the extent that such disclosure is required under applicable law or court order,
provided that the Disclosing Party shall be given prompt and timely written notice of any such proceeding and shall offer
reasonable cooperation in any effort of the other party to obtain a protective order.
4.3 The Receiving Party agrees, at any time upon request of the Disclosing Party, to return to the Disclosing Party all
Confidential Information in its possessican�e�r�ity thedestruction thereof.
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4.4 In the event of a breach of this section, the Disclosing Party may not have an adequate remedy at law. Thus, the
parties agree that the Disclosing Party may be entitled to the remedies of temporary and permanent injunction or any
other form of equitable relief.
4.5 For Work Product, related documentation, CA's Licensed Programs, Documentation and this Agreement, the
foregoing obligations of this section are perpetual and shall survive termination. For all other Confidential Information, the
foregoing obligations shall extend for five (5) years from the date of initial disclosure.
5. CUSTOMER OBLIGATIONS
5.1 Customer acknowledges that performance of Services by CA hereunder is subject to and contingent upon Customer's
performance of its obligations. Customer shall timely perform all of its obligations set forth herein, including, but not
necessarily limited to, the following: (i) at Customer's sole expense, provide access to all hardware and software
necessary for CA to perform its obligations herein, including obtaining any authorizations or licenses required by third
parties to provide such access to CA, (ii) provide CA with access to Customer employees and facilities as may be
reasonably required herein; and (iii) provide personnel capable of and qualified to render decisions and making
reasonable efforts to facilitate completion of this SOW. Customer will at all times maintain appropriate data back-up
systems, procedures and practices and apply such systems, procedures and practices in the operation of Work Product
and deliverables.
6. WARRANTIES AND DISCLAIMERS
6.1 CA warrants that it will perform the Services as detailed in this Agreement with individuals who possess the
appropriate skills and training required to perform those Services. Any Services that result in deliverables as defined
herein will be performed in accordance with the industry standards prevailing at the time the Services are rendered.
6.2 In the event of an alleged breach of these warranties, Customer's sole remedy, and CA's sole obligation hereunder
shall be, at CA's sole discretion, to re -perform the services at no additional charge to Customer or to refund applicable
deliverable related fees paid. These remedies are contingent upon the following: (i) that Customer has complied in all
material respects to the terms and conditions herein; (ii) that the alleged breach is due solely to an error or omission on
the part of CA, its agents or employees; (iii) that the alleged breach is reported to CA, with specificity, promptly and as not
to prejudice CA's claim of the performance of the applicable services; and (iv) that Customer is able, willing and does
provide CA with assistance in the diagnosis and remedy of the applicable breach.
6.3 Disclaimers
CA DOES NOT REPRESENT OR WARRANT THAT ALL ERRORS WILL BE CORRECTED,
EXCEPT AS SET FORTH IN THIS SECTION 6, NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THIRD PARTY WARRANTIES, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR SUITABILITY AND/OR THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE
MADE BY CA.
7. INDEMNITIES
7.1 CA will defend and/or, at its option, settle any third party claims that Customer's use of the Work Product infringes any
valid U.S. patent, copyright or trademark registered or otherwise perfected at the time of delivery of the applicable Work
Product. CA may, at its option and expense: (i) procure for Customer the right to continue to use the Work Product; (ii)
repair, modify or replace the Work Product so that it is no longer infringing; or (iii) provide a refund of the services fees
paid for the infringing Work Product.
7.2 These indemnifications are contingent upon: (i) Customer providing prompt notice of any claim of infringement and
assistance in the defense thereof, (ii) CA's sole right to control the defense or settlement of any such claim, provided that
the settlement does not require a payment or admission of liability on the part of Customer, and (iii) Customer not taking
any actions or failing to take actions that hinder the defense or settlement process as reasonably directed by CA.
7.3 CA shall have no liability: (i) in the event the allegation of infringement is a result of a modification of the Work
Product, (ii) if the Work Product is not being used in accordance with CA's specifications, related documentation and
guidelines, (iii) if the alleged infringement would be avoided or otherwise eliminated by the use of a CA published update
or patch, (iv) if the alleged infringement is a result of use of the Work Product in combination with any third party product,
or (v) if the applicable service fees have not been paid. The indemnifications contained herein shall not apply to Work
Product produced at the specific direction of Customer as it applies to this section 7.3.
THE FOREGOING PROVISIONS STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF CA REGARDING CLAIMS
OF INFRINGEMENT, AND THE EXCLUSIVE REMEDY AVAILABLE TO CUSTOMER WITH RESPECT TO ANY
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Customer Initial / L— w+U L� c�` �����U�� CA Initial \ ��
ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR OTHER
PROPRIETARY RIGHTS.
7A CA shall indemnify Customer against all damages, fees, fines, judgments, costs and expenses incurred as a result of
a third party action alleging a bodily injury or death which arises from the provision of services hereunder.
8. TITLE
8.1 CA shall retain all right, title, copyright, patent, trademark, trade secret and all other proprietary interests to all CA
intellectual property and any derivatives thereof. Customer may not distribute, promote, or otherwise use any such
information or materials relating to Services for any external use without the express prior written consent of CA or as
otherwise specifically permitted. No title, copyright, patent, trademark, trade secret or other right of intellectual property
not expressly granted hereunder is exchanged between the parties. CA retains all rights to the Work Product delivered
hereunder and Customer acknowledges and agrees that it obtains no rights to such Work Product as a "work made for
hire" as that term is defined in Section 101 of the United States Copyright Act or any comparable provision under the laws
of the State of New York. For custom code application development work unique to Customer and void of CA's proprietary
computer software programs and other intellectual property, including any derivatives or extensions thereof, Customer
may own all tangible and intangible property, technical notes and work products delivered and/or produced or created by
CA in connection with such Services. CA acknowledges that any such copyrightable works prepared by CA may be
deemed "works made for hire" for the benefit of Customer under the copyright laws of the United States.
9. LIMITATION OF LIABILITY
EXCEPT IN THE CASE OF A BREACH OF SECTION 2, SECTION 4 AND SECTION 7 OF THESE GENERAL TERMS
AND CONDITIONS, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS
OF PROFIT, DAMAGES RELATING TO MONIES SAVED OR FEES GENERATED BY USE OF WORK PRODUCT,
GOODWILL OR BUSINESS OPPORTUNITY, LOSS OF TIME OR COST OF REPROCUREMENT OF ALTERNATE
GOODS OR SERVICES, REGARDLESS OF WHETHER A PARTY WAS APPRISED OF THE POTENTIAL FOR SUCH
DAMAGES, EXCEPTING THE FOREGOING, IN NO EVENT WILL A PARTY'S LIABILITY, EITHER IN CONTRACT OR
IN TORT, IN THE CASE OF CA, EXCEED THE FEES PAID FOR THE SERVICES THAT GAVE RISE TO THE
LIABILITY, AND IN THE CASE OF CUSTOMER, EXCEED THE FEES PAID OR OWED FOR THE SERVICES THAT
GAVE RISE TO THE LIABILITY,
10. TERM AND TERMINATION
10.1 This Agreement maybe terminated by either party upon a material breach by the other party of this Agreement,
provided that, in each instance of a claimed breach: (i) the non -breaching party notifies the breaching party in writing of
such breach; and (ii) the breaching party fails to either (a) cure such breach within thirty (30) days from receipt of such
notice or (b) make substantial progress to cure such breach and implement a plan that results in a cure of such breach
within sixty (60) days.
10.1.2 Either party may terminate this Agreement at any time and for any reason by providing the other party with 30 days
written notice of termination. If Customer terminates this Agreement without cause Customer shall pay for actual services
rendered up until the date of termination.
10.2 Any termination hereunder shall not release either party from any liability which, at the time of such termination, had
already accrued to the other party or which is attributable to a period prior to such termination, nor preclude either party
from pursuing any rights or remedies it may have under law or in equity with respect to any breach of this Agreement.
Upon termination for any reason, Customer shall promptly pay CA or CA's authorized reseller for any fees and expenses
due and payable under this Agreement. In the event of termination without cause on the part of Customer, CA shall be
entitled to perform the applicable Services contracted for during the notice period and/or bill for the applicable contracted
for Services and receive payment for all such Services. Except in the context of an uncured breach of warranty, all fees
are non -cancellable and non-refundable. If Customer breaches any term of this Agreement or fails to pay when due any
valid invoice, CA shall have the right to terminate this Agreement immediately and, in addition to all other rights reserved
to CA, CA shall have the right to demand immediate payment of all amounts which would have become due and payable
to CA at a later date during the Term.
11. INSURANCE
CA shall provide the Customer with certificates) of insurance documenting policies of the following minimum coverage
limits that are to be in effect prior to commencement of any work pursuant to this Agreement:
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�� '•:;:ply -.� �14\
11.1 Coverage and Limits
(a) Commercial General Liability
$1,000,000 Each Occurrence
$1,000,000 Aggregate
(b) Automobile Liability
$1,000,000 Each accident on a combined single limit basis or
$2507000 Bodily injury per person
$5001000 Bodily injury per occurrence
$100,000 Property damage
Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of the
providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non -owned
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
$500,000 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the
Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per
disease per employee
(d) Technology Liability (Errors &Omissions)
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Technology coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a
separate policy specific to Technology E&O. Either is acceptable if coverage meets all other requirements. Coverage
shall be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following
completion of services provided. An annual certificate of insurance shall be submitted to the City to evidence coverage.
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Customer Initial CA Initial ��.C""
11.2 Certificates.
Cercates of Insurance evidencing that CA has obtained all required insurance shall be delivered to the Customer prior
to proceeding with any work pursuant to this Agreement. All policies shall be endorsed to name the City of Fort Worth as
an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials,
agent, and volunteers in respect to the contracted services. Any failure on the part of the City to request required
insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30) days notice
of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in
the event of non-payment of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be
sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City
Attorney at the same address.
12. FORCE MAJEURE
Except for payment obligations and obligations pertaining to non -disclosure, notwithstanding any contrary provision
herein, neither party will be liable for any action taken, or any failure to take any action required to be taken hereunder, in
the event and to the extent that the taking of such action or such failure arises out of causes beyond a party's control,
including war, civil commotion, act of God, strike or other stoppage (whether partial or total) of labor, any law, decree,
regulation or order of any government or governmental body (including any court or tribunal), or any other cause
whatsoever beyond the control of a party.
13. RELATIONSHIP OF THE PARTIES
The parties expressly agree that the relationship between them is that of customer -independent contractor.
14. SUCCESSORS AND ASSIGNS
Customer may not assign this Agreement, the use of Work Product or its rights and obligations under this Agreement.
This Agreement shall be binding on the parties hereto and their respective successors and assigns. CA may not assign
this Agreement unless CA provides 30 days written notice to Customer and Customer provides CA with written consent of
such assignment. Notwithstanding the foregoing, CA may assign its rights under this Agreement to any company that
acquires majority ownership in CA by CA providing 30 days written notice to Customer upon any such assignment.
15. NON SOLICITATION OF EMPLOYEES
During the performance of Services and for a period of six (6) months from termination or completion of the SOW as the
case may be, the parties agree not to directly or indirectly solicit for employment any consultants, employees, or agents of
the other party involved in the performance of Services under this SOW. For purposes of this Agreement, neither party's
public job postings nor newspaper advertisements for employment opportunities shall be deemed to constitute a direct
solicitation in violation of this provision.
16. NOTICES
All notices hereunder shall be delivered to the other party either personally, via facsimile or overnight courier. If delivered
personally, notice shall be deemed effective when delivered; if delivered via facsimile, notice shall be deemed effective
upon electronic confirmation; and if delivered via overnight courier, notice shall be deemed effective upon confirmation of
delivery.
17. HEADINGS
The section headings used herein are for information purposes only and shall not affect the interpretation of any provision
of this Agreement.
18. SEVERABILITY
In the event any term or provision of this Agreement shall be held to be invalid, the same shall not affect in any respect
whatsoever the validity of the remainder of this Agreement.
. l j
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19. WHOLE AGREEMENT, SURVIVAL, MISCELLANEOUS
Excluding any conflict of laws provisions, laws of the State of Texas shall govern the construction and enforceability of this
Agreement. The parties agree that any action arising under or relating to this Agreement shall lie within the exclusive
jurisdiction of the State and Federal Courts located in Tarrant County, Texas. The United Nations Convention on
Contracts for the International Sale of Goods will not apply to this Agreement. Sections 2, 4, 8, 9 and 19 shall survive
termination of this Agreement. This Agreement shall comprise the entire Agreement as pertaining to the subject matter
herein. CA and Customer agree that all other agreements, proposals, purchase orders, representations and other
understandings, whether oral or written, relating to the subject matter herein are superseded in their entirety by this
Agreement. In no event shall CA's acknowledgement, confirmation or fulfillment of such order, either in writing or by the
performance of Services, constitute or imply CA's acceptance of any terms or conditions contained on any Customer
form. No alteration or modification of this Agreement will be valid unless made in writing and signed by authorized
representatives of each party.
tl�giiGr G�
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CITY COUNCIL AGENDA
FOR THE MEETING AT 10:00 A.M. TUESDAY, APRIL 29, 2008
CITY COUNCIL CHAMBER, CITY HALL
1000 THROCKMORTON STREET, FORT WORTH, TEXAS
I. CALL TO ORDER
11. INVOCATION - Dr. Ted Kitchens, Christ Chapel Bible Church
lll. PLEDGE OF ALLEGIANCE
IV. CONSIDERATION OF MINUTES OF REGULAR MEETING OF TUESDAY, APRIL 22, 2008
V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC.
1. Presentation of Proclamation for Mayfest
2. Presentation of Proclamation for Autism Awareness Month
3. Presentation of Proclamation for National Tourism Week
VI. ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF
VII. ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA
VII1. ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF
IX. CONSENT AGENDA
All items with asterisks (**) are a part of the Consent Agenda and require little or no deliberation by
the City Council. Approval of the Consent Agenda authorizes the City Manager, or his designee, to
implement each item in accordance with staff recommendations.
X. PRESENTATIONS BY THE CITY COUNCIL
1. Changes in Membership on Boards and Commissions
XI. PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR
CITY COUNCIL COMMITTEES
Xll. PRESENTATIONS BY THE CITY SECRETARY
1. *�`OCS-1657 -Notice of Claims for Alleged Damages and/or Injuries
XIII. REPORT OF THE CITY MANAGER
A. General
**1. M&C G-16121 - Consider Application to Grant Operating Authority to M&M's Limousine
Service to Operate Three Limousines upon the Streets, Alleys and
Public Thoroughfares of the City of Fort Worth and Adopt Ordinance
2. M&C G-16122 - Adopt an Ordinance adding Article VIII, Transportation Impact Fees, to
Chapter 30, Streets and Sidewalks, of the City Code to Establish
Transportation Impact Fees (PUBLIC HEARING)
a. Report of City Staff
b. Citizen Presentations
c. Council Action
B. Purchase of Equipment, Materials, and Services
,_ , ,,,,,,�,,,,� Page 1 of 4
**1. M&C P-10777 - Authorize the Purchase of Four New Toro Groundsmaster Mowers from
Professional Turf Products and One New John Deere Tractor from
Saginaw Implement Using Texas Association of School Boards
• Contracts for the Parks and Community Service Department for a Cost
Not to Exceed $172,550.14
**2. M&C P-10778 - Authorize an Annual Purchase Agreement in an Amount Not to Exceed
$60,000 for Multiple Space Parking Meter Heads with POM
Incorporated for the Transportation and Public Works Department
**3. M&C P-10779 - Authorize a Purchase Agreement for Sewer Line Emulsifier/Liquefying
Agent with Municipal Industries, Inc., for the Fort Worth Water
Department
**4. M&C P-10780 • - Authorize a Contract with Ricoh to Lease Two New Printers for the
Water Department at an Annual Cost of $26,100.00
5. M&C P-10781 - Authorize the Purchase of Four New Rosenbauer General Safety Pump
Truck Fire Apparatus Using a Cooperative Contract through Houston -
Galveston Area Council with Emergency Vehicles of Texas for the Fire
Department for a Cost Not to Exceed $2,369,060.00 and Adopt
Appropriation Ordinance
C. Land
**1. M&C L-14518 - Authorization to Enter Into an Encroachment on Easement Agreement
with Oncor Electric Delivery Company and Authorize the Acquisition of
One Permanent Water Line, Water -Reclamation Main, and a Water
Meter -Station Easement from HKSKN Managers 3, Ltd., in the Amount
of $173,000, Located at the Southwest Corner of Trinity Boulevard and
State Highway 360 Located in East Fort Worth; and Pay the Estimated
Closing Cost of $3,000; and Authorize the Acceptance and Recording of
Appropriate Instruments, DOE No. 3600
**2. M&C L-14519 - Authorize the Acquisition of One Permanent Drainage Facility Easement
from Stephen J. Lipsett in the Amount of $52,000, Located at 1216
Freeman Street in East Fort Worth for the Construction of Drainage
Infrastructure Improvements; Pay the Estimated Closing Costs of
$2,000 and Authorize the Acceptance and Recording of Appropriate
Instruments, DOE No. 3141
3. M&C L-14520 - Approve Acceptance of Lease Agreement with Finley Resources, Inc.,
in the Amount of $267,710 for Natural Gas Drilling Under 28.18 Acres,
More or Less, of City -Owned Properties Located in Tarrant County,
Texas, Known as J. Blackwell Survey, Located Near the Northwest
Corner of Interstate 3Q and Oakland Boulevard
4. M&C L-14521 - Authorize Conversion of Parkland at Rosedale Plaza Park Located at
5200 East Rosedale Street, Martin Luther King Park Located at 5565
Truman Drive, Sandy Lane Park Located at 2001 Sandy Lane Park
Drive and Eastbrook Park Located at 2728 Escalante Avenue for the
Purpose of Subsurface Drilling and the Extraction of Natural Gas from
an Off Site Location (PUBLIC HEARING}
a. Report of City Staff
b. Citizen Presentations
c. Council Action
5. M&C L-14522 -
Authorize Conversion of Parkland at Marine Park Located at 303
Northwest 20th Street for the Purpose of Subsurface Drilling and the
Extraction of Natural Gas from an Off Site Location (PUBLIC
,., , ,� ,, ,,,�,,,,,,,� Page 2 of 4
HEARING)
a. Report of City Staff
b. Citizen Presentations
c. Council Action
6. M&C L-14523 - Authorize Conversion of Parkland at Normandy Place Park Located at
3421 Panola Avenue for the Purpose of Subsurface Drilling and the
Extraction of Natural Gas from an Off Site Location (PUBLIC
HEARING)
a. Report of City Staff
b. Citizen Presentations
c. Council Action
7. M&C L-14524 - Authorize Conversion of Parkland at Sunset Hills Park Located at 7017
Ellis Road for the Purpose of Subsurface Drilling and the Extraction of
Natural Gas from an Off Site Location (PUBLIC HEARING)
a. Report of City Staff
b. Citizen Presentations
c. Council Action
D. Planning &Zoning -None
E. Award of Contract
**1. M&C C-22781 -
**2. M&C C-22782 -
**3. M&C C-22783 -
**4. M&C C-22784 -
**5. M&C C-22785
Authorize Acceptance of Additional Award of $349,207.21 from the
Texas Governor's Division of Emergency Management Under the FY
2007 Homeland Security Grant Program Funds; Authorize the City
Manager to Execute the Grant Agreement and Adopt Appropriation
Ordinance
Authorize Execution of an Encroachment Agreement with Heritage
Commons III, Ltd., Authorizing Use of the Legacy Parkway Right -of -Way
for the Installation of Underground Fiber Optic and Communications
Cables to Service its Building Located at 13601 North Freeway
Authorize Execution of Amendments to City Secretary Contract Nos.
36456 and 36458, Tax Abatement Agreements with Cinram Wireless,
LLC, and Alliance Gateway No. 11, Ltd., Revising Commitments for
Employment and the Installation of New Business Personal Property
Authorize Execution of Amendment to City Secretary Contract No.
36482, Economic Development Program Agreement with Museum
Place Holdings, LLC, Extending Phase I Completion Date of the Project
and Clarifying Construction Spending Commitments
- Authorize the Cit
Accept $154,170
Burglary of Motor
Tarrant Regional
Ordinance
y Manager to Execute an Interlocal Agreement and
from Tarrant County to Conduct Auto Theft and
Vehicle Investigations through Participation in the
Auto Crimes Task Force and Adopt Appropriation
**6. M&C C-22786 - Authorize Execution of a Contract with the Texas Department of
Transportation for Click It or Ticket Selective Traffic Enforcement
Program and Adopt Appropriation Ordinance
**7. M&C C-22787 -
Authorize the City Manager to Apply for and Accept, if Awarded, a Grant
from the Texas Department of Agriculture Requesting up to $600,500
for the Year 2008 Summer Food Service Program; Authorize the
�., �o Z �,f �.
Execution of a Contract with the Texas Department of Agriculture; Apply
Indirect Costs at Approved Percentage Rate; and Adopt Appropriation
Ordinance
XIV. CITIZEN PRESENTATIONS
1. Vanessa Vaughn, 615 Dunn Street, Waxahachie, TX 75165 —Share the Road Signs
XV. EXECUTIVE SESSION (Pre -Council Chamber) -See Attachment
XVI. ADJOURNMENT
• - � i - • - •
This facility is wheelchair accessible. For accommodations or sign interpretive
services, please call the City Manager's Office at 897-392-6�43, 48 hours in advance.
ATTACHMENT
EXECUTIVE SESSION
(Pre -Council Chamber)
Tuesday, April 29, 2008
The City Council will conduct a closed meeting in order to:
1. Seek the advice of its attorneys concerning the following pending or contemplated
litigation or other matters that are exempt from public disclosure under Article X, Section 9
A the Texas State Bar Rules, as authorized by Section 551.071 of the Texas Government
Code.
a. Legal issues regarding concurrent jurisdiction of Bomber Road;
b. Legal issues concerning Neighborhood Empowerment Zone Tax Abatements,
c. Legal issues concerning any item listed on today's City Council meeting
agendas; and
2. Deliberate the purchase, sale, lease or value of real property in accordance with Section
551.072 of the Texas Government Code. Deliberation in an open meeting would have a
detrimental effect on the position of the City in negotiations with a third party; and
3. Deliberate concerning economic development negotiations as authorized by Section
551,087 of the Texas Government Code; and
4. Deliberate the deployment, or specific occasions for implementation, of security
personnel or devices, in accordance with Section 551.076 of the Texas Government Code.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/25/2008
DATE: Tuesday, March 25, 2008
LOG NAME: 13P08-0070
REFERENCE NO.: **P-10759
SUBJECT:
Authorize an Agreement with CA, Inc., for Professional Implementation, Software Licenses and
Maintenance and Support Services Utilizing the SHI-Government Solutions Contract with the State
of Texas Department of Information Resources Contract for the Water Department
RECOMMENDATION:
It is recommended that the City Council authorize an agreement with CA Inc., for professional
implementation, software licenses and maintenance and support services utilizing the SHI-Government
Solutions Contract with the State of Texas Department of Information Resources (DIR) for the Water
Department.
DISCUSSION:
The Water Department currently utilizes network monitoring software and components that support the H T
E web -billing module (H2Online), Maximo, Computerized Maintenance Management System (CMMS), and
Peoplesoft Customer Relationship Management (CRM). These applications make up the Mission Critical
Systems. This software and its components are no longer supported.
After assessments by the Water IT staff, it was determined that the Water Department should upgrade the
network monitoring solution to the new software platform provided by CA Inc. After extensive review of a
number of different vendors monitoring products, it was determined that CA Inc., will perform these services
through DIR Contract No. DIR-SDD-198 in the amount of $366,460.00 to be paid in three
installments. Payment will be made to SHI-Government Solutions Inc., an authorized order fulfiller for CA
Inc: Year One: $187,686.00 for licensing and professional services, and Years Two and Three for
$89,387.00 annually for maintenance and support. Travel and expenses for CA shall not exceed
$10,000.00.
DIR is authorized to offer the cooperative purchasing program to state agencies, public institutions of higher
learning, public school districts and local governments. Pursuant to Government Code Section 2054.0565
(b), a political subdivision that purchases goods and services under a DIR contract satisfies otherwise
applicable competitive bidding requirements. This recommendation will allow the City to benefit from the
DIR contract that has already been competitively bid.
AGREEMENT TERMS —The term of this agreement shall be for one year.
RENEWAL OPTIONS -The maintenance and support may be renewed per the conditions established in
the contract between DIR and the individual vendor for two additional one-year terms at the City's option. If
the DIR enters into a new contract with an individual vendor, then the option terms established by the new
contract will be the term the City follows. This action does not require specific City Council approval
provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the
renewal term.
Logname: 13P08-0070 Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Water and Sewer Fund.
BQN\08-0070\LAS
TO Fund/Account/Centers FROM Fund/Account/Centers
PE45 539120 0604012 $93,843.00
PE45 539120 0704012 $93,843.00
Submitted for City Manager's Office b� Karen Montgomery (6222)
Originating Department Head: Lena Ellis (8517)
Additional Information Contact: Jack Dale (8357)
Logname: 13P08-0070 Page 2 of 2