HomeMy WebLinkAboutResolution - 2006-R0025 - Systems Maintenance Agreement - Econolite Control Products, Inc. - 01/26/2006Resolution No. 2006-R0025
January 26, 2006
Item No. 5.6
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor of the City of Lubbock to execute a Systems Maintenance Agreement with
Econolite Control Products, Inc., and any associated documents, for software support of
the base Pyramids system software licensed to the City of Lubbock for the City's Traffic
Engineering Department, a copy of which Agreement is attached hereto and made a part
hereof for all intents and purposes.
Passed by the City Council this2firh day of .Tan„ary & 52006.
MARC MoVOWAL, MAYOR
ATTEST: ;
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Hart,-P.EfCity Traffic Engineer
APPROVED AS TO FORM:
Don Vandiver,
DDres/P SC-EngSvcsRes
January 10, 2006
Resolution No NO.
Systems Maintenance Agreement
This agreement is for PYRAMIDSTM systems maintenance to be provided by Econolite Control
Products, Inc. (ECONOLITE) to the City of Lubbock, TX (AGENCY) as follows:
Products Covered
This agreement covers systems maintenance support of the base PYRAMIDS system software
licensed to AGENCY. This agreement does not cover third party commercial off the shelf
(COTS) software (even if that software is required for correct system operation), system
hardware, communications equipment, or field equipment and software unless that software falls
under the base PYRAMIDS system software license agreement. The base PYRAMIDS system
includes ICM's and loaded firmware provided by ECONOLITE.
Period of Coverage
The agreement shall be in effect from January 26, 2006 dim January 25, 2007. This agreement
will be automatically renewed for five (5) years, with an increase of cost not to exceed 4%,
annually. Thereafter, the fee for Systems Maintenance Agreement may be renegotiated by the
parties, not less than 60 days prior to the expiration of the period of coverage.
Cost
$20,000.00 - plus cost of travel & lodging expenses per annum
Coverage
Econolite will provide the following services during the term of this agreement:
1. An ECONOLITE technician or engineer shall be present and available at the AGENCY site
for one annual upgrade procedure (not to exceed one (1) week).
2. Fixes or patches that become available before a site visit is scheduled will be available on
disc for the AGENCY staff to install; or installed remotely by ECONOLITE.
3. AGENCY requests will be classified as follows:
Level I - Critical, to be responded to within 4 hours.
Level II - Medium, to be responded to within 48 hours.
Level III - Low, to be responded to at next annual upgrade.
4. Provision of telephone support as follows:
Times: 8:00am to 5:00pm (Mountain Time)
Days: Monday to Friday except for holidays recognized by ECONOLITE
Telephone support number: 714.630.3700 or 800.225.6480
PYRAMIDS is a trademark of Econolite Control Products, Inc,
Systems Maintenance Agreement — City of Lubbock -,PYRAMIDS System
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Provisions
1. Payment is due at the commencement of the annual maintenance period. To be paid to
ECONOLITE within 30 days of AGENCY'S receipt of proper invoice.
2. ECONOLITE will invoice the AGENCY for any time, travel and lodging costs beyond
the one (1) annual upgrade procedure. ECONOLITE's time will be billable at $175.00
per hour, to be paid to ECONOLITE within 30 days of AGENCY'S receipt of proper
invoice. Billable hours are defined as hours spent at the AGENCY site, working to
resolve the problem
3. AGENCY shall maintain a connection for remote access to the Pyramids system by
ECONOLITE. ECONOLITE will provide support services by means judged appropriate
by ECONOLITE and AGENCY. Such means may include, without limitation, e-mail,
dial -up access, an electronic telephone medium, such as pcAnywhere, telephone, wireless
remote telephone consultations, telephone access to AGENCY computer(s), and the
provision of written documentation and other materials to AGENCY, by mail or any
electronic means.
4. In the event that ECONOLITE identifies a fault or failure in software or hardware not
covered under this agreement, which affects the operation of the PYRAMIDS system,
then AGENCY agrees to take prompt action to correct such faults and failures.
A software upgrade may require hardware and third party COTS software (e.g. operating
systems, database servers, drivers, etc.) upgrades to ensure the performance and
functionality of the system. ECONOLITE will provide details of minimum system
requirements. After the AGENCY and ECONOLITE reach an agreement on system
requirements, the hardware and COTS upgrades will be made at AGENCY'S cost to
meet or exceed these requirements at least one week prior to the base PYRAMIDS
software upgrade.
6. This upgrade may not support all the functionality of the previous version of the
PYRAMIDS system. Prior to the upgrade, ECONOLITE will provide AGENCY with
release notes for the new product that describes new and modified functionality. It is not
anticipated that any core functionality will be lost, however support for obsolete field
devices may not be included in future system upgrades.
7. Third party applications deemed necessary by AGENCY may be loaded onto any server,
workstation or laptop accessing or forming part of the PYRAMIDS system; however,
prior notification to ECONOLITE will be made.
8. This agreement specifically excludes damage to the PYRAMIDS system caused by the
following: accident, unusual physical, electrical, electromechanical stress, neglect,
misuse, and failure of electric power, environmental conditions, transportation, or
operating with operating systems, media or other software programs or use with hardware
not approved by ECONOLITE.
9. ECONOLITE is not responsible for obsolescence of the PYRAMIDS system that may
result from changes in AGENCY computer or informational needs requirements or from
changes in AGENCY'S operational hardware or software programs.
Systems Maintenance Agreement — City of Lubbock - PYRAMIDS System 2
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10. ECONOLITE warrants that the PYRAMIDS system will perform provided that: (a) the
PYRAMIDS system is used only with the Hardware and in accordance with
ECONOLITE'S documentation and use instructions; (b) the Hardware is in good
operating condition at all times and is installed in a suitable operating environment and is
regularly maintained in accordance with the user documentation provided by
ECONOLITE or the manufacturer; (c) any error or defect in the PYRAMIDS system is
not caused by AGENCY, its employees, agents, contractors, or any third party.
11. Major system upgrades that include new features and functions also include new
PYRAMIDS user manuals. New documentation is not generated for minor system
upgrades to correct errors.
Signatures below indicate contractual agreement with the terms and conditions herein.
THE LOCAL OVERN NT ECONOLITE:
Executed o behalf t e Cityby:
Signature
Mo McDOUGAL, AYOR (date)
ATTEST:
Rebe6ca Garza, City Secretary (date)
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Systems Maintenance Agreement - City of Lubbock - PYRAMIDS System