Title
Transit Scheduling and Dispatch Software Upgrade - Professional Services Agreement and Associated License Agreement (Ordinance S-46994)
Description
Request to authorize the City Manager, or his designee, to enter into a technology consulting professional services agreement with GIRO, Inc. (GIRO) to upgrade the region’s transit scheduling and vehicle dispatch software (HASTUS) from version 2013 to version 2020 for support of bus and light rail services, and to enter into an associated license agreement for the necessary rights and authority for access and use of the software. Request also to exempt the provisions of Phoenix City Code sections 42-18(B) and (C) to limit indemnity and legal remedies. Further request to authorize execution of amendments to these agreements, as necessary, within the Council-approved expenditure authority as provided below, and for the City Controller to disburse all funds related to this item. The professional services agreement’s total value will not exceed $1,995,584 (including taxes and all licensing fees).
Report
Summary
The HASTUS scheduling and dispatch software is a critical component of the region’s bus and light rail transit service planning, scheduling, and service monitoring and management by city, Valley Metro, and contractor staffs. The software feeds critical information into the City’s Computer Aided Dispatch and Automatic Vehicle Location (CAD/AVL) system and enables transit planners and schedulers from the City and Valley Metro to create bus and rail schedules and plan region-wide transit services. Contracted service providers in the region also use HASTUS in support of their payroll and their quarterly employee bidding processes. As a part of this upgrade, a planning module is being added to provide regional transit staff with improved bus planning and scheduling tools. HASTUS is the proprietary product of GIRO. This item has been reviewed and approved by the Information Technology Services Department.
Procurement Information
The Public Transit Department (PTD) and its regional transit partners currently use the 2013 version of HASTUS, as installed and licensed by GIRO. PTD staff has recently worked with GIRO to negotiate a professional services agreement for the region to implement an upgrade to the HASTUS software (to version 2020). The upgraded software includes the NetPlan module to plan and test new and revised service levels on major routes or route segments.
Under City Code section 43-11(D) and the City’s Administrative Regulation 3.10, the competitive procurement process was waived as a result of a Determination Memo citing GIRO as the sole source for its services. GIRO does not certify other vendors to provide services for its proprietary HASTUS software.
PTD requests a waiver from Phoenix City Code section 42-18(B) for the professional services agreement and associated license 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 the professional services agreement would be limited to the service fees received by GIRO from the City, and GIRO’s liability under the associated license agreement would be limited to the license fees received by GIRO from the City, with no limitation of liability for bodily, intentional, or reckless injuries caused by GIRO.
PTD also requests a waiver from Phoenix City Code section 42-18(C) for the professional services 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.
Contract Term
The professional services agreement shall have a two-year term, beginning on or about Oct. 1, 2020. The associated license agreement for access and use of the software will continue in perpetuity.
Financial Impact
The professional services agreement’s total cost will not exceed $1,995,584 (including taxes and all licensing fees). The associated license agreement will not include any costs. Funds are available in the Public Transit Department’s CIP budget, using Federal Transit Administration and Transportation 2050 funds. PTD will also recover a portion of the costs for supporting this software on behalf of the region through its intergovernmental agreements with other regional transit providers.
Concurrence/Previous Council Action
This item was recommended for approval at the Transportation, Infrastructure and Innovation Subcommittee meeting on Oct. 7, 2020, by a vote of 3-0.
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit Department.