Title
Various Software License Agreements (Ordinance S-47814)
Description
Request to authorize the City Manager, or his designee, to execute all necessary software agreements with: Formstack, LLC; Mixmode, Inc.; RedSeal, Inc.; and RSA Security LLC, and further request to grant an exception to the indemnification, liability, and legal redress provisions of Phoenix City Code section 42-18. There is no financial impact related to this request, as funding for the agreements has already been approved as part of the State of Arizona Cooperative for Software Value-Added Reseller Services agreements.
Report
Summary
The City uses the Software Value-Added Resellers Cooperative contracts for departments citywide to purchase software and annual software support and maintenance. Formstack, LLC, Mixmode, Inc., RedSeal, Inc., and RSA Security LLC offer software and related services needed by the City for electronic forms and IT Security. This request is for approval to enter into the vendors’ license agreements, requiring an exception to code provisions in section 42-18. In negotiating these agreements, it has become clear that the software providers cannot fully indemnify the City nor accept unlimited liability. The vendors' position aligns to IT industry practices. Granting an exception would authorize the City to negotiate indemnification and assumption of liability provisions that best protect the City while still being acceptable to the vendors.
Mixmode, Inc., RedSeal, Inc., and RSA Security LLC provide security software to protect the City's systems, such as security monitoring and multi-factor authentication solutions.
The software agreement with Formstack, LLC will provide a versatile software solution which will replace the City’s current in-house eForms system. The Formstack solution will allow the City to build no-code forms to gather customer data and automate tasks such as the City Clerk Department’s Virtual Request to Speak process, the Budget and Research Department’s Community Budget Hearing forms and similar processes. Enhancing the electronic form system is vital to the business needs of the City and provides enhanced digital services to residents.
Contract Term
The term of the agreements under the City's Cooperative Purchasing Agreement for Software Value-Added Reseller Services through the State of Arizona Cooperative is through April 7, 2022. All software purchases will occur during this period. Contract term provisions within the software agreements may extend beyond the term of the cooperative agreement.
Financial Impact
There is no financial impact related to this request, as funding for the agreements has already been approved as part of the State of Arizona Cooperative for Software Value-Added Reseller Services agreements.
Concurrence/Previous Council Action
The City Council approved:
- Software Value-Added Reseller Services Cooperative Agreement 144228 (Ordinance S-43077) with CDW on Dec. 14, 2016; and
- Software Value-Added Reseller Services Cooperative Agreement 151721 (Ordinance S-46331) with SHI on Jan. 29, 2020.
Department
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the Information Technology Services Department.