Title
Transit Scheduling Software Maintenance and Support Agreement (Ordinance S-47875)
Description
Request to authorize the City Manager, or his designee, to enter into an agreement with GIRO, Inc. for the maintenance and support of HASTUS scheduling and dispatch software used by the City and its regional transit partners for bus and light rail operations. Also request to exempt the provisions of Phoenix City Code sections 42-18(B) and (C) to limit indemnity, legal remedies, and damages. Further request to authorize the City Controller to disburse all funds related to this item. The total value of the contract will not exceed $5,607,188 over nine years, recognizing that the City recovers a portion of the costs associated with providing this software for the region through agreements with its regional transit partners.
Report
Summary
HASTUS is a proprietary product of GIRO, Inc., and is the current transit scheduling and dispatch software used by the City and its regional transit partners for bus and light rail service. HASTUS software enables regional transit planners and schedulers to create bus and light rail schedules and plan transit services. Transit schedules created in HASTUS are imported into the regional computer-aided dispatch and automatic vehicle location system, which then provides information to the fare collections system, enabling the City and its regional transit partners to correctly allocate transit fares and track transit ridership for the region. City transit staff, regional transit partners, and contractors rely on this information to ensure efficient service planning and delivery to transit passengers.
In addition, HASTUS allows the region’s multiple transit operations contractors to manage their daily operations and work assignments. The software provides them with the following functionality:
- Processing operator check-in/check-out at dispatch windows;
- Creating operator work schedules;
- Managing bus assignments;
- Enabling operator bidding on work schedules via the internet; and
- Generating transit personnel payroll using operator assignment and shift data.
The City currently uses the HASTUS 2013 version and an upgrade to HASTUS 2021 by GIRO is in progress. Current maintenance and support of HASTUS software ends on Feb. 9, 2022 under the existing maintenance and support agreement 140238. The new agreement ensures continuity of transit operations for Phoenix and the region.
This item has been reviewed and approved by the Information Technology Services Department.
Procurement Information
An exception to the procurement process was determined to select GIRO as set forth in the City of Phoenix’s Administrative Regulation 3.10. A direct selection was made because HASTUS is a proprietary software to GIRO and no other company can support or upgrade the current HASTUS software.
The City requests a waiver from Phoenix City Code section 42-18(B) for the new maintenance and support agreement. In negotiating these agreements, GIRO seeks to limit the City’s ability to obtain legal remedies and damages. If the City Council approves this waiver, GIRO’s liability under this agreement would be exempted from financial losses and restricted to no more than the annual fees received by GIRO from the City for the annual term in which the liability arises, with no limitation of liability for bodily, intentional, or reckless injuries caused by GIRO. Also, the City’s recourse for any breach of warranty would be limited to having GIRO reperform the defective services.
Public Transit Department also requests a waiver from Phoenix City Code section 42-18(C) for the new agreement. In negotiating this agreement, GIRO seeks to restrict the standard indemnification terms. GIRO will agree to defend and indemnify the City for liability arising out of GIRO’s negligent or willful acts, but not liability attributed to the City’s conduct. If the City Council approves this waiver, allegations of any City wrongdoing arising out of this agreement will require the City to pay for defense and resolution of any resulting claims asserted against the City.
Financial Impact
The new agreement includes the cost of maintenance and support for three years with two optional three-year extensions. The agreement’s total cost will not exceed $5,607,188, including taxes, and provides for maintenance and support of HASTUS software through Feb. 9, 2031 (if all options are exercised).
Funds in the amount of $463,598 are available in the Public Transit Department operating budget in the Transportation 2050 fund for the first-year cost of this agreement. The City will recover a portion of the costs associated with providing and maintaining this software for the region through support agreements with its regional transit partners.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit Department.