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HomeMy WebLinkAboutResolution - 2010-R0533 - Contract 9813 Intergraph Corporation For Geomedia Webmap - 10/28/2010Resolution No. 2010-RO533 October 28, 2010 Item No. 5.13 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement for GeoMedia WebMap Support Services related to the Emergency Management Web Portal, by and between the City of Lubbock and Intergraph Corporation, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on October 28, 2010 TOM MARTIN, MAYOR ATTEST: Rebecla Garza, City Secretary APPROVED AS TO CONTENT: Mark earwo , Assistant City Manager Chief I formation Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs'RES.Agreement-Intergraph Corp October 12, 2010 Resolution No. 2010-RO533 Scope of Work for Web Map Support INTFIAM Submitted to City of Lubbock (Ref BD679 September 29, 2010) 1. Scope of Services Under this Time and Materials Scope of Work, Intergraph Corporation, by and through its Security, Government and Infrastructure division (hereinafter referred to as "Intergraph"), will provide general GeoMedia WebMap support for the City of Lubbock (hereinafter referred to as "Customer"). Intergraph will provide the services of a project manager and a system consultant to perform installation and support services related to the City of Lubbock's Emergency Management Web Portal as defined and prioritized by the City of Lubbock. The City of Lubbock will provide a written document of those items requiring attention by Intergraph's services team so that expectations are mutually understood and can be managed accordingly. These services may include: ■ Assist City of Lubbock IT with installation and setup of GeoMedia WebMap. ■ Setup and Configuration of the WebMap Configuration Wizard. ■ Telephone support to assist the City with definition of features, workflows, and configuration. ■ Assist City of Lubbock team to prep data to publish with GeoMedia WebMap. ■ Assist City of Lubbock team with WebMap publishing from a GeoWorkspace. ■ Assist City of Lubbock team with WebMap Administration on the server. ■ Work with City of Lubbock to develop and refine Emergency Management features classes to be created and displayed for the benefit of the public. 2. Project Management Intergraph's project managers are responsible for monitoring project activities and deliverables to ensure schedules are kept, identifying and tracking of project -related technical, resource, and communication issues, as well as resolution of issues.. Regularly scheduled project conference calls will be held with the project team to review the status of the project and an action items log is maintained and distributed to track project issues and progress. 3. Deliverables The deliverables for this project will be the hours expended based upon the work that is defined by the City of Lubbock. Intergraph's labor will be based upon the following rate schedule and will be invoiced on a monthly basis. Intergraph and the City of Lubbock will negotiate a mutually agreeable start date for this project. 4. Telephone Support Intergraph's telephone support will be provided between the hours of 7:30am and 4:30pm CST, Monday through Friday, excluding Intergraph observed holidays. When applicable, and to assure issues are INTERGRAPH Scope of Work for Web Map Support addressed in a timely manner no matter their severity, the following procedure will be used to define scope, schedule, document, approve, implement, and track issues to closure. ■ City of Lubbock notifies the Intergraph of an issue to be addressed. ■ The issue is logged and Intergraph will provide a description of the work to be performed and an estimate of the level of effort so that expectations are mutually understood and can be managed. ■ The City of Lubbock approves and authorizes the work to be performed according to mutually agreeable schedule. ■ The work is completed in accordance with the authorized work document and schedule. ■ The updated software is delivered to City of Lubbock for testing and acceptance. ■ Upon acceptance, the updated software is implemented in the City of Lubbock System according to a schedule defined by City of Lubbock. ■ Upon direction from the City of Lubbock the issue is closed. 5. Assumptions In preparing this Scope of Work, Intergraph has made the following assumptions: GeoMedia Webmap version 6.1 with the latest service pack will be installed at customer's site. Consultant will have access to customer's server and workstations where application software is to be installed. Customer will provide server hardware for installation of GeoMedia Webmap and ensure it is adequate for the number of web users and purpose of the system. Customer will have all necessary software and licenses available for the versions of Intergraph software to be installed. It is assumed that there is no defined performance criteria related to query. display, plotting or other aspects of this system and that timing tests will not form part of the requirement. Website will be published both intemally and to the public. Access will be allowed to GeoMedia warehouse data in order to build the GeoMedia Webmap site Intergraph is not responsible for the quality of any supplied data. Intergraph will report any discovered data errors or omissions to the Customer for resolution This will be an out of the box installation. No custom application code will be developed as part of this scope. Customization is limited to using customer's GeoMedia Workspace and GeoMedia Webmap Publisher to publish a customized site for the customer. 6. Pricing and Terms This Scope of Work is based on a time and materials consulting approach and represent Intergraph's best estimate of the effort involved. The estimates do not commit to firm deliverables or schedule. Intergraph will apply reasonable efforts to the completion of this Scope of Work; however, should the services require more time than estimated, Intergraph will obtain the Customer's written approval and bill the time at the rate stated in this Scope of Work. If additional services or follow-on support are required beyond this Scope of Work, the additional effort will be estimated and an additional scope of work submitted to the Customer for acceptance prior to Intergraph beginning the additional effort. During the performance of this time and materials effort, Intergraph reserves the right to redistribute the mix of labor hours as may be required. This is with the understanding that in no event shall the total price of this Scope of Work be increased without the prior written consent of the Customer. The price for this time and materials Scope of Work will not exceed $ 40,000 for labor unless otherwise authorized by The Scope of Work for Web Map Support City of Lubbock. This does not include travel or other associated expenses. The work performed by Intergraph under this Scope of Work is subject to the following rate schedule. Namise, Rate per hour Project Manager $ 190.00 System Consultant $ 173.00 Software Developer $ 155.00 One week of travel anticipated under this Scope of Work and is estimated at $1,800. If additional travel is required, it will be subject to prior approval by the City of Lubbock. Intergraph will charge travel accommodations and incidentals that occur in support of this project to the City of Lubbock at Intergraph's cost plus ten percent (10%) for general and administrative expenses. The pricing and terms in this Scope of Work will be valid for one (1) year following the date of execution of this Scope of Work by all parties. Terms of Payment Intergraph will bill for the actual work hours expended. Invoices will include a summary of tasks billed for the current billing period. Should the services require more time than estimated, Intergraph will obtain the City's written approval and bill the additional time at the rates above. Should the City require less time than estimated, Intergraph will only bill the City for the actual hours expended with no minimum amount penalty. The terms of payment will be net thirty (30) days from the date of invoice. An interest charge of one and one-half percent (1.5%) per month (or the maximum amount allowed by law, whichever is less), prorated on the basis of a thirty (30) day month, will be assessed on delinquent payments. Intergraph will submit invoices to the City of Lubbock at the following address: Attn: Sally Abbe GIS Manager City of Lubbock 1625 13" Street Lubbock, TX 79401 Office: 806-775-2106 Fax: 806-775-2100 Email: sabbe0mail.ci.lubbock.tx.us Warranty No warranty or maintenance services are provided for Professional Services included in this Scope of Work. INTERGRAPH Scope of Work for Web Map Support Infringement In the event of any proceeding against Customer, arising from allegations that the deliverables or services furnished by Intergraph infringes U.S. patent, copyright, trade secret, or other proprietary right of any third party, Intergraph will, if such allegation is not a result from modifications made by Customer, defend or settle such proceeding, at Intergraph's expense, provided Customer promptly notifies Intergraph in writing and grants Intergraph full authority to defend and settle such proceeding. Intergraph will make such defense by counsel of its own choosing and Customer will cooperate with said counsel. The issuance of this Scope of work is expressly predicated upon Customer agreement that it will not export or re-export the deliverables, any part thereof, or any process or service that is the direct product of the deliverables (the foregoing collectively referred to as the "Restricted Components"); to any country, person, entity or end user subject to U.S. export restrictions. Customer specifically agrees not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any end-user who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical, or biological weapons; or (iii) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S, government. Customer warrants and represents that neither the Bureau of Industry & Security (BIS) nor any other U.S. federal agency has suspended, revoked, or denied it export privileges. on -Disclosure Customer understands that Intergraph possesses information and data that was developed, created, or discovered by Intergraph, or which became known by, or was conveyed to Intergraph, which has commercial value in Intergraph's business and which information and/or data Intergraph considers proprietary and/or confidential. This information and/or data includes, but is not limited to, trade secrets, copyrights, ideas, techniques, algorithms, know how, schematics, formulae, and source and object code computer programs. Customer agrees to use reasonable efforts to treat and maintain as proprietary and confidential any information or data provided by Intergraph, in whatever form, as it would its own proprietary and confidential information and data and to comply with all license requirements, copyright, patents, and trade secret laws as they may pertain to any information or data provided by Intergraph. Force Majeure For purposes hereof, force majeure shall be any of the following events: activities generally referred to as "acts of God" or the public enemy including acts of terrorism; compliance with any order, rule, regulation, decree, or request of any governmental authority, agency, or person purporting to act in the capacity of a sovereign entity; acts of war, public disorder, rebellion, terrorism or sabotage; natural disasters such as floods, hurricanes, or other storms; labor disruptions such as strikes or labor disputes; or any other cause, whether or not of the class or kind as specifically named or referred to herein, which are not within the reasonable control of Parties. A delay or failure of performance of the Parties shall not constitute a breach or default hereunder this proposed Scope of Work, not be the basis for, or give rise to, any claim for damages, direct, incidental, or consequential, if and to the extent such delay or failure is caused by the aforementioned event(s) deemed to be force majeure. Should a Party be prevented from performing due to force majeure, it shall be obligated within a period not to exceed fourteen (14) days after the occurrence or detection of any such event, to give notice to the other Party setting forth in reasonable detail the nature thereof and the anticipated extent of the delay, IWMGRAPH Scope of Work for Web Map Support and remedy such a cause as soon as reasonably possible, and to the greatest extent practicable, without incurring any unreasonable costs, attempt to mitigate the extent of the damages caused by such an occurrence. Governing Law This Scope of Work will for all purposes be construed and enforced under and in accordance with the laws of the State of Texas, USA. Jurisdiction and venue for any dispute hereunder shall be in the United States District Court for the Lubbock County, TX. Taxes Prices are exclusive of all federal, state, or local sales; use; property; gross receipts; value-added; or similar taxes based upon amounts payable to Intergraph pursuant to this Scope of Work (hereafter called "Taxes"). Such Taxes, however, do not include franchise taxes or taxes based on net income. Customer agrees to pay Intergraph any applicable Taxes or provide Intergraph documentary evidence of an appropriate statutory exemption. Term and 'Yermination This agreement shall remain in effect from the date of execution by the City of Lubbock unless and until terminated by either party by giving thirty (30) days written notice to the other party. Upon the date so specified, Intergraph shall immediately terminate all activities on behalf of the City and deliver to the City all Services or Deliverables in progress in possession of Intergraph. Not withstanding, such termination, City shall in no event a released from its obligation to pay Intergraph for all Services performed at the time of such termination and delivered prior to such termination. Indemnity Intergraph shall indemnify, keep harmless Company, its agents, officers and employees against all personal injuries, deaths or loss of property caused to the extent of Intergraph's negligent acts or willful misconduct. In no event shall Intergraph be liable for any indirect, incidental, consequential, special or punitive damages regardless of the legal theory under which such damages are incurred. Intergraph's total liability for any and all damages whatsoever arising out of or in any way related to this Scope of Work from any cause shall not exceed the amount paid to Intergraph under this Scope of Work. Except as otherwise provided by applicable law, no claim, regardless of form, arising out of or in connection with this Scope of Work may be brought by Company more than one (1) year after the cause of action has occurred. Place of Performance For on-site work, Customer agrees to provide appropriate work place accommodations, equipment, and necessary access for Intergraph personnel. Employment Neither party will solicit for employment, during the performance of this Scope of Work and for one (1) year after its conclusion, any individual employed by the other without prior consent. Scope of Work for Web Map Support Counterparts This Scope of Work may be executed in one or more counterparts, each of which shall be deemed to be original, and all of which together shall constitute one and the same agreement. A signature delivered by facsimile shall be deemed to be an original signature and shall be effective upon receipt thereof by the other party. Entire Agreement This Scope of Work constitutes the entire agreement between Intergraph and the Customer with respect to the subject matter hereof; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby, Modifications to this Scope of Work will be binding only upon mutual agreement in writing. GT -10 INTERGRAPH Scope of Work for Web Map Support 7. Approval Signatures Signature by all parties listed below constitutes acceptance of and notice to proceed with this Scope of Work, in accordance with the terms and conditions of this Scope of Work. The City of Lubbock Approved by: Authorized Company Representative TOM MARTIN Printed Name Mayor Title October 28, 2010 Date Intergraph Corporation Approved by: (A-) zed Ikergraph Representative Elizabeth Johnson Printed Name Executive Director Title JO -5 10 Date Purchase Order Number: (If PO Required) Please sign if no Purchase Order Required: Authorized Company Representative ATTEST: Rebe ca Garza, City Secretary APPROVED AS TO CONTENT: c, ( �� Mark Ye od, Assistant City Manager Chief Information Officer APPROVED AS TO FORM: had Weaver, Assistant City Attorney