Title
TBConsulting L.L.C. Agreement and Request to Authorize Exceptions to Liability Provisions (Ordinance S-46615)
Description
Request authorization for the City Manager, or his designee, to enter into contract with TBConsulting L.L.C. for configuration assistance consulting services on Oracle Acme Packet Session Border Controllers (SBC) and Oracle Talari systems required for the 9-1-1 Network for the Fire Department (PFD). The total amount will not exceed $75,000. Additionally request that the City Council authorize an exemption from the indemnification prohibition set forth in Phoenix City Code §42-18. Further request authorization for the City Controller to disburse all funds related to this item.
Report
Summary
The City of Phoenix was designated as the contracted agent for the Regional 9-1-1 system in 1989 by the Maricopa Association of Governments (MAG) to provide services for the Maricopa Region, consisting of 25 9-1-1 Public Safety Answering Points throughout the greater Phoenix area, including Phoenix Police and Fire departments. In FY20, the State 9-1-1 Office has mandated that procurement be done at the local level. The State implemented and manages a 9-1-1 grant funded by the Emergency Telecommunications Fund that would allow agencies to manage the 9-1-1 contracts, procurement of 9-1-1 equipment, and secure 9-1-1 services on a local level. This authorization would ensure the City of Phoenix and the entire Maricopa Region will continue to benefit from reliable 9-1-1 services without interruption.
Due to the critical nature of 9-1-1 services, it is imperative that Regional 9-1-1 Services be able to continue to operate a region-wide and region-serving 9-1-1 data network. The 9-1-1 data network includes Oracle Acme Packet SBCs, which are used to secure the 9-1-1 data network edge and ESInet services through the Oracle Talari Access Point Name (APN). TBConsulting L.L.C. is a certified partner with Oracle in providing professional support and integration assistance for these vital components.
TBConsulting L.L.C. has taken exception to the nonwaiver of liability, specifically unlimited liability. PFD is seeking an exception to Phoenix Code §42-18 in allowing a limitation of damages to three times the Agreement value; and a waiver of indirect damages.
This item was approved by Business Investment Request Form 3106.
Contract Term
The term of the agreement with TBConsulting L.L.C., if approved, will be for five years, beginning on or about June 1, 2020 through May 31, 2025.
Financial Impact
The aggregate contract value will not exceed $75,000 over the life of the contract. The City of Phoenix will act as a pass-through agency for procurement of 9-1-1 equipment, 9-1-1 networking, and 9-1-1 services on behalf of the Maricopa Association of Governments (MAG) member agencies. The City of Phoenix will be reimbursed through the 9-1-1 grant that was awarded to the City of Phoenix specifically for these purchases.
Department
Responsible Department
This item is submitted by Assistant City Manager Milton Dohoney, Jr. and the Fire Department.