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HomeMy WebLinkAboutR-1998-060 Pavement Management Software AgreementRESOLUTION NO. R -98-G 0 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a License Agreement and a Performance Agreement with the Metropolitan Transportation Commission for the purpose of obtaining and utilizing a pavement management software program. WHEREAS, in the past the State of Washington has provided, at no charge, the Streets and Traffic Division of the Public Works Department with a pavement management software program in order to assist the Division in effectively managing street pavement and repair; and WHEREAS, said software program does not operate efficiently on the computer system utilized by the City; and WHEREAS, the State of Washington has not updated, and is not planning to update, said program so that it will operate effectively on the City's computer system; and WHEREAS, the Metropolitan Transportation Commission, a public regional metropolitan planning organization, is willing to .provide .a pavement management software program and related services to the City in accordance with the terms and conditions of the attached License Agreement and Performance Agreement; and WHEREAS, Streets and Traffic Division personnel believe that the software program offered by said Commission should operate efficiently on the City's computer system and enable the Streets and Traffic Division to more efficiently manage pavement and repair of the City streets; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached License Agreement and Performance Agreement with the Metropolitan Transportation Commission; now, therefore, BE IT RESOLVED , BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated License Agreement and Performance Agreement with the Metropolitan Transportation Commission for the purpose of obtaining and utilizing a pavement management -software program. (IAlre.i pavement management -pm ADOPTED BY THE CITY COUNCIL this ) day of ATTEST: De/4/167jaiOL aut City Clerk (WT.,/ pavement managernent-rm 1998. ohn Puccinelli, Mayor License Agreement Read this agreement carefully before using the Pavement Management System (PMS) diskettes or video tapes. Regardless of whether or not you sign this License Agreement, using the PMS diskettes or video tapes in any manner means that you accept the terms of this License Agreement. The terms of this License Agreement apply to you as the original licensee and to any subsequent licensee of the Pavement Management System software or video tapes. If you agree to the terms of the License Agreement, sign where indicated and return the executed license agreement to MTC at the address set forth below. If you do not accept or agree to the terms of the License Agreement, promptly return all software or video tapes along with all the accompanying documentation and proof of payment to MTC within 10 days of delivery for a refund of the purchase price of the merchandise, minus postage and handling. No copies of any PMS software or video tapes may be retained. MTC retains the ownership of all copies of the Pavement Management System software and video tapes and is protected under Federal and State copyright laws from its unauthorized use. This copy of the PMS software or video tape is licensed to you (nonexclusively) for use under the following conditions: A. Scope The terms of this license agreement apply to all MTC Pavement Management System software products and training video tapes, including but not limited to: • Pavement Management System Software • Network Mapping System Software • Distress Identification Tutorial B. Permitted Uses/You May: 1. Use PMS software on any compatible computer located at the licensee's facilities. 2. Install PMS software on a hard disk or network, in accordance with the instructions in the documentation. 3. Transfer PMS software or video tapes to another party if the other party agrees to the terms and conditions of the MTC License Agreement and completes and returns a Transfer of License Form to MTC. A Transfer of License Form may be obtained by writing to MTC, Attn: PMS Group. If you transfer the PMS software, you must transfer the documentation and all disks at the same time. C. Prohibited Uses/You May Not, without express written permission from MTC: 1. Make copies of any of the PMS documentation or the PMS System Disk or Backup Disk, except in the manner described in the PMS instructions or as provided by 17 U.S.C. § 117 of the Copyright Act. 2. Make copies of any of the PMS video training tapes. 3. Sell, transfer, distribute, sub -license or lease the PMS software, documentation or video tapes, except as provided in B.3 above. 4. Alter, modify, or adapt the PMS software or documentation, including, but not limited to translating reverse engineering decomn;l;nn disassembling, eating - --�--------------a� -- • --.,•,-••b•"""•'•'b� or creating lt�' derivative works. This license and your right to use the PMS software and/or video tapes automatically terminates if you fail to comply with any provision of this License Agreement. MTC retains all rights not expressly granted. Nothing in this License Agreement constitutes a waiver of MTC's rights under the U.S. copyright laws or any other Federal or State of California statutes. Limited Warranty If you discover physical defects in the PMS documentation, software or video tapes, MTC will replace them at no charge to you, provided you return the item to be replaced (with proof of purchase) to MTC within 90 days of receipt of the merchandise. Although MTC has tested the PMS software and video tapes and reviewed the documentation, MTC MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO SUCH SOFTWARE, DOCUMENTATION OR VIDEO TAPES, INCLUDING THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THIS SOFTWARE, DOCUMENTATION AND/OR VIDEO TAPES ARE LICENSED "AS IS" AND YOU THE LICENSEE ARE ASSUMING THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. !N NO EVENT WILL MTC BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, DOCUMENTATION OR VIDEO TAPES, even if advised of the possibility of such damages. In particular, MTC shall have no liability for any program or data stored or used with MTC software, including the costs of recovering such programs or data. YOUR EXCLUSIVE REMEDY AND MTC'S ENTIRE LIABILITY ARISING FROM OR OUT OF THIS LICENSE AGREEMENT SHALL BE, AT MTC'S OPTION, THE REPAIR OR REPLACEMENT OF THE SOFTWARE, DOCUMENTATION AND/OR VIDEO TAPES, OR A REFUND OF THE PURCHASE PRICE. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. No MTC agent or employee is authorized to make any modification or addition to this warranty. Any question as to the interpretation of any of the provisions of the License Agreement shall be governed by applicable federal statutes and the laws of the State of California. Ownership MTC retains the ownership to all rights, title, and interest to all copyrights and other proprietary rights in the PMS software and/or video tapes. General Should you have any questions concerning this agreement, you may contact MTC by writing to: Att.ii: PMS Project Manager Metropolitan Transportation Commission Joseph P. Bort MetroCenter 101 Eighth Street Oakland, CA 94607 City Manager AUTHORIZED SIGNATURE (LICENSEE) CITY OF YAKIMA ATTEST: TITLE AFFILIATION Karen Roberts City Clerk City Contract No. 98-55 Resolution No. R-98-60 ///7 s2 III DATE Performance Agreement for Non -Bay Area Jurisdictions The Metropolitan Transportation Commission' and the City/County of Yakima agree to participate in the utilization of the MTC network -level Pavement Management System (PMS). Each participant agrees to provide the following resources and services in perfoimance of this project. The City/County of Yakima agrees to: • Provide MTC with reports documenting current year network conditions, budget needs and shortfalls, and other information as needed. • Provide MTC with documentation of any actions taken by policy bodies relating to implementation of the PMS or adoption of a pavement maintenance program/budget. MTC agrees to provide: • General assistance (as reasonable) in utilizing the PMS. • Hotline support via telephone through a separate maintenance agreement and associated fees. • Introductory training on how to use the PMS software. Computer facilities will be made available during the training workshops, which will be held at MTC. • An MTC PMS newsletter three times a year. The newsletter will contain information gathered from throughout the Bay Area, computer tips and techniques, and notices on upcoming training, seminars, and other events. • Additional training materials, which are available for a fee from MTC or their representative. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto. METROPOLITAN TRANSPORTATION CITY/COUNTY of COMMISSION Lawrence D. Dahms Executive Director 12 S �o Yakim a ep resentative R. A. Zai*, Jr. City Manager Date ATTEST: 1<(T -h Q-'v� Karen Roberts, City Clerk Contract No. 98-55 Resolution No. R-98-60 Date BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item Number l 0 For Meeting of: ,57,67Q X ITEM TITLE: Pavement Management Software Agreement SUBMITTED BY: Chris Waarvick, Acting Public Works Director Dave Hussell, Streets and Traffic Operations Manager CONTACT PERSON/"TELEPHONE: Shelley Willson, Supervising Traffic Engineer / 575-6005 SUMMARY EXPLANANTION: Staff respectfully requests that the City Council approve the attached resolution authorizing Dick Zais to execute the attached license and work agreement forms for the MTC network -level Pavement Management Software. This Pavement Management Software would replace the existing software program that the City is using. The existing software is difficult to use and the software support and/or improvements being made to the program have stopped. The original program was given to the City, at no cost, by the State of Washington and was programmed to be used with a program known as "SMART". With the introduction of Windows-based programs, the Smart system was no longer practicable. The State of Washington has chosen not to provide pavement management system software to agencies because the needs of the communities are so diverse. (Continued on page two.) Resolution X Ordinance Contract Other (Specify) license agreement, work agreement, and MTC system information Funding Source Street Operations Account --,Small _Tools and Minor Equipment APPROVED FOR SUBMITTAL: 1 �3 City Manager STAFF RECOMMENTDATION: Approve resolution authorizing City Manager to sign MTC license and work agreements. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: RESOLUTION ADOPTED. RESOLUTION NO. R-98-60 Staff has researched pavement software programs that are available and recommends the purchase of the MTC system. It will provide the City with a program that can be integrated with the City's GIS mapping data; it can provide customized reports from the data input; the data needed by the program is identical to the data collected for the SMART system; and it is Windows based. The program is also priced under $1000. The software purchase is included in the 1998 budget for Street Operations in the small tools and minor equipment line. The other programs that were reviewed were over $1,000, did not provide the customized reports, required data to be collected in a different format and were not Windows based. Staff has attached information relevant to the MTC system, including the License Agreement and Performance Agreement requiring your authorization for the City Manager to sign. Both agreements have been reviewed and approved by Legal.