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HomeMy WebLinkAbout06-17-2014 C10 Gartner Professional Services for IT Agreement ExtensionCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number FROM: Wayne Padilla, Finance & Information Technology Director Prepared By: Steve Schmidt, Information Technology Manager SUBJECT: GARTNER PROFESSIONAL SERVICES - AGREEMENT EXTENSION RECOMMENDATION 1. Approve the extension of an agreement with Gartner Inc. in the amount of $25,600 for I.T. advisor professional services. 2. Authorize the Finance & I.T. Director to sign the agreement to be funded from the 2014-15 Network Services budget. 3. Authorize the Finance & I.T. Director to extend the Gartner agreement for the following two years pending approval of the Network Services budget with adequate funding for each consecutive year. DISCUSSION In 2013, the Information Technology Division entered into a contract with the Gartner Group for I.T. Leader Advisor professional services. Over the past year, Network Services staff has continually utilized Garner’s services to review White Papers, I.T. policies, technical RFPs and help the I.T. team gain insights into the direction I.T. is heading. Additional services provided by Gartner are; • RFP and proposal reviews • I.T. contract reviews • Network security evaluation • Infrastructure improvements • Wireless / mobility strategy • Desktop virtualization (VDI) • E-discover • Two-year technology budget planning With the major City projects facing the I.T. team in the coming years, Gartner’s I.T. experience and knowledge base will be extremely helpful in implementing new policies, reviewing new requests for proposals, reviewing purchases, budget planning and establishing standards. Sole Source Justification According to the City Financial Management Manual 295-1, Purchasing Guidelines, allows that sole source contracts may be pursued “If it is determined that it is in the best interest of the City for services to be provided by a specific consultant – with contract terms, workscope and compensation to be determined based on direct negotiations – contract award will be made by the Council”. 06-17-2014 C10 C10 - 1 Gartner Professional Services Page 2 The Gartner Group is recognized as the leading information technology research and consulting company. They deliver the technology-related expertise necessary to help I.T. organizations like the City make the right technology decisions. Gartner’s I.T. Leader Advisor license has proven to be a valuable strategic resource, delivering timely, reliable advice to help guide key technology decisions to City I.T. staff over the past year. There is no other technology firm that can offer the City the benefits that Gartner can provide. For this reason staff highly recommends sole sourcing this contract to the Gartner Group. FISCAL IMPACT If approved, the first year $25,600 cost of the agreement will be funded from the Information Technologies 2014-15 Contract Services operating budget. The consecutive two years will be funded on a yearly basis after a thorough review of the current I.T. budget. Each year will be funded independently. Proposed Project Network Services Contract Services Budget Line Item Gartner Quote for IT Leader Advisor License Contract Services Balance Gartner Professional Services $71,945 $25,600 $46,345 ALTERNATIVES Do not approve this request – With the challenges facing the Information Technology Division, this purchase would be a valuable and effective tool to help shape the future of information technology for the City and help to avoid some of the inevitable pitfalls that accompany rapid change. ATTACHMENT 1. Gartner Proposal 2. Service Description - Gartner for I.T. Leaders Advisor T:\Council Agenda Reports\2014\2014-06-03 C10 - 2 Attachment 1 Gartner, Inc. - Service Agreement with General Terms - Version 07/11- Page 1 of 2 Gartner, Inc. Service Agreement for City of San Luis Obispo (“Client”) This Service Agreement (“SA”), including the General Terms and all applicable Service Descriptions, constitutes the complete agreement between Gartner, Inc. of 56 Top Gallant Road, Stamford, CT 06904 (“Gartner”) and Client of 990 Palm Street, San Luis Obispo, California USA 93401 (“Client”) for the Services (as defined below). Client agrees to subscribe to the following Services for the term and fees set forth below. 1. DEFINITIONS AND ORDER SCHEDULE: Services are the subscription-based research and related services purchased by Client in the Order Schedule below and described in the Service Descriptions. Service Names and Levels of Access are defined in the Service Descriptions. Gartner may periodically update the names and the deliverables for each Service. If Client adds Services or upgrades the level of service or access, an additional Service Agreement will be required. Service Descriptions describe each Service purchased, specify the deliverables for each Service, and set forth any additional terms unique to a specific Service. Service Descriptions for the Services purchased in this SA may be viewed and downloaded through the hyperlinks listed in Section 2 below or may be attached to this SA in hard copy, and are incorporated by reference into this SA. Service Name Level of Access Number of Users Name of User to be Licensed Contract Term Start Date Contract Term End Date Annual Fee $ Total Fee $ Gartner for IT Leaders Advisor 1 Miguel Guardado 5/1/2014 4/30/2015 $25,600 $25,600 Total Services: (Excluding applicable sales tax) $25,600 $25,600 2. SERVICE DESCRIPTIONS: Service Name/ Level of Access Service Description URL Gartner for IT Leaders - Advisor http://www.gartner.com/it/sd/sd_itl_advisor.pdf 3. PAYMENT TERMS Gartner will invoice Client in advance for all Services. Payment is due 30 days from the invoice date. Client shall pay any sales, use, value- added, or other tax or charge imposed or assessed by any governmental entity upon the sale, use or receipt of Services, with the exception of any taxes imposed on the net income of Gartner. Please attach any required Purchase Order (“PO”) to this SA and enter the PO number below. If an annual PO is required for multi-year contracts, Client will issue the new PO at least 30 days prior to the beginning of each subsequent contract year. Any pre-printed or additional contract terms included on the PO shall be inapplicable and of no force or effect. This SA may be signed in counterparts. 4. CLIENT BILLING INFORMATION ___________________________________ _______________________________ Purchase Order Number Billing Address ___________________________________ _______________________________ _____________________________ Invoice Recipient Name Invoice Recipient Email Invoice Recipient Tel. No. 5. AUTHORIZATION Client: Gartner, Inc. _______________________________ _______________________________ Signature/Date/Client Signature/Date/Gartner _______________________________ _______________________________ Print Name and Title/Client Print Name and Title/Gartner C10 - 3 Attachment 1 Gartner, Inc. - Service Agreement with General Terms - Version 07/11- Page 2 of 2 General Terms 1. This SA for subscription-based research and related services (the “Services”) is non-cancelable, and may be terminated only for material breach by either party, upon 30 days prior written notice, if the breach is not cured within the notice period. 2. Ownership and Use of the Services. Gartner owns and retains all rights to the Services not expressly granted to Client. Only the individuals named in this SA (each a “Licensed User”) may access the Services. Each Licensed User will be issued a unique password, which may not be shared. Client agrees to review and comply with the Usage Guidelines for Gartner Services (“Guidelines”), which are accessible to all Licensed Users via the “Policies” section of gartner.com. Among other things, these Guidelines describe how Client may substitute Licensed Users, excerpt from and/or share Gartner research documents within the Client organization, and quote or excerpt from the Services externally. 3. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND GARTNER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR AS TO ACCURACY, COMPLETENESS OR ADEQUACY OF INFORMATION. CLIENT RECOGNIZES THE UNCERTAINTIES INHERENT IN ANY ANALYSIS OR INFORMATION THAT MAY BE PROVIDED AS PART OF THE SERVICES, AND ACKNOWLEDGES THAT THE SERVICES ARE NOT A SUBSTITUTE FOR ITS OWN INDEPENDENT EVALUATION AND ANALYSIS AND SHOULD NOT BE CONSIDERED A RECOMMENDATION TO PURSUE ANY COURSE OF ACTION. GARTNER SHALL NOT BE LIABLE FOR ANY ACTIONS OR DECISIONS THAT CLIENT MAY TAKE BASED ON THE SERVICES OR ANY INFORMATION OR DATA CONTAINED THEREIN. CLIENT UNDERSTANDS THAT IT ASSUMES THE ENTIRE RISK WITH RESPECT TO THE USE OF THE SERVICES. 4. Client Confidential Information. Gartner agrees to keep confidential any Client-specific information communicated by Client to Gartner in connection with this SA that is (i) clearly marked confidential if provided in written form, or (ii) preceded by a statement that such information is confidential, if provided in oral form, and such statement is confirmed in writing within 15 days of its initial disclosure. This obligation of confidence shall not apply to any information that: (1) is in the public domain at the time of its communication; (2) is independently developed by Gartner; (3) entered the public domain through no fault of Gartner subsequent to Client's communication to Gartner; (4) is in Gartner's possession free of any obligation of confidence at the time of Client's communication to Gartner; or (5) is communicated by the Client to a third party free of any obligation of confidence. Additionally, Gartner may disclose such information to the extent required by legal process. 5. Miscellaneous (a) Assignability. This SA and the rights granted to Client hereunder may not be assigned, sublicensed or transferred, in whole or in part, by either party without the prior written consent of the other party, except to a successor to substantially all of the business or assets of a party by merger or acquisition. Where consent is required, it will not be unreasonably withheld. (b) Arbitration. Any unresolved dispute under this SA shall be decided by arbitration conducted in a location TBD before a single arbitrator under the administration of JAMS, in accordance with JAMS’ Streamlined Arbitration Rules and Procedures. The decision of the arbitrator shall be final and binding, and the award may be entered in any court having jurisdiction. The prevailing party in any arbitration shall be entitled to an award of its reasonable attorneys’ fees and costs, in addition to any award of damages or other relief. (c) Applicable Law. This SA shall be governed by and construed in accordance with the procedural and substantive laws of the State of California, without reference to its conflict of law principles. (d) Use of Name, Trademark, and Logo. Absent the prior written consent of the other party, neither party shall use the name, trademarks, or logo of the other in promotional materials, publicity releases, advertising, or any other similar publications or communications. (e) No Third Party Beneficiaries. This SA is for the benefit of the parties only. (f) Surviving Clauses. Sections 3, 4 and 5 (b), (c), (d), (e) and (f) shall survive the termination of this SA. C10 - 4 Client Initials: ______ Service Description: Gartner for IT Leaders Advisor, Version 7.1, July 2012 ─ Page 1 of 1 SERVICE DESCRIPTION Attachment to the Service Agreement GARTNER FOR IT LEADERS ADVISOR Gartner for IT Leaders Advisor (the “Service”) provides clients with access to research and advice about information technology and the functional responsibilities of specific IT roles as well as the option of inquiry with Gartner Analysts. DELIVERABLES Each user designated by Client (“Licensed User”) receives the following Deliverables:  Gartner Core IT Research  Weekly Picks & News Analysis  Role-Specific IT Research  Webinars featuring Gartner Analysts  Benchmarking Analytics IT Key Metrics Data  Peer Networking  Diagnostic Tools, Templates, and Case Studies  Talking Technology Series  Selected Vendor Reports  Analyst Inquiry  Summit Event Ticket ADDITIONAL TERMS & CONDITIONS The Licensed User may, on an occasional and infrequent basis, forward copies of individual research documents, not to exceed ten (10) separate documents per Licensed User per contract year, to specific individuals within the Client organization, provided that such forwarding may not be done in a manner that has the intent or effect of avoiding the purchase of additional User licenses. The Summit Event Ticket provides admission to one (1) Gartner Summit Conference. In addition, a Summit Ticket may be used to register for a Catalyst Event. Tickets are valid for 12 (twelve) months from the date of issue which is indicated by the expiration date shown on the front of the Ticket. Tickets provided as part of a Gartner Research offering are valid only for Gartner conferences that take place during the 12-month (twelve-month) contract term of the Research offering for which the Ticket has been issued. Tickets are transferable within the Client organization but may not be transferred to another company. A Ticket may not be used for attendance at a Supply Chain Executive Conference, Gartner Seminars, or Gartner CIO Leadership Forum. Your purchase and use of a Ticket(s) is subject to and governed by the online registration terms and conditions at http://www.gartner.com/technology/about/policies/events- terms.jsp. Unless otherwise stated above, use of this Service is governed by the Usage Guidelines for Gartner Services which are accessible on the Policies section of gartner.com. Attachment 2 C10 - 5 Page intentionally left blank. C10 - 6