Commuter rail operating agreement
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- MBTA IPR Representatives
- MBTA IT Change Control Board Representatives
- PMI Guidelines
- IT Operations and Maintenance Costs Plan
- Updated IT Operations and Maintenance Cost Plan
Operator CIO”) shall be accountable for all aspects of the Commuter Rail IT Environment including, without limitation, all data centers, technical service centers, production scheduling functions, help desks, communication networks (voice and data), computer program development and computer systems operations. The Operator CIO shall be responsible for, among other things, maintaining the security and integrity of all electronic and optical books and records of the Commuter Rail System under the Operator's control. The Operator CIO shall also be responsible for ensuring the Operator's continuing compliance with the Emergency Access provisions set out in Section 23 (Emergency Access Provisions) of this Schedule 3.16 (Information Technology Requirements).
The Operator CIO shall review all computerized and manual systems, storage and retrieval, IT Assets to be acquired in connection with this Agreement and the strategic direction of all information processing and communication systems and operations. The Operator CIO shall provide overall management and definition of all computer and communication activities within the Commuter Rail IT Environment, including responsibility for providing a leadership role in the day-to-day operations of the information technology functions within the Commuter Rail IT Environment as well as providing direction as the MBTA grows both internally and externally.
The Operator CIO shall work closely and collaboratively with the MBTA in connection with the Operator's provision of the Commuter Rail IT Environment. The Operator CIO shall, in addition to the other responsibilities set out herein, be responsible for those roles set out on Appendix 3 (Operator CIO Responsibilities) to this Schedule 3.16 (Information Technology Requirements).
The Operator shall conduct weekly meetings to discuss current operations and system health, as well as minor technical issues encountered in daily operation (each, a “Weekly IPR”). Issues unresolved during Weekly IPRs shall be escalated for discussion during the next Monthly IPR. The Operator shall ensure that (i) a representative from the MBTA IT Department and Railroad Operations staff are invited to every Weekly IPR, and (ii) complete meeting minutes are taken and promptly provided to both parties.
In addition to the Monthly IPRs and Weekly IPRs, the Operator shall conduct periodic IPRs at regular intervals, as determined by the MBTA, to ensure proper and informative communication between the Operator and the MBTA. Moreover, the Operator shall coordinate issue-specific IPRs as necessary or upon the MBTA's request (each, a “Special IPR”). The agendas for Special IPRs shall be set by the MBTA and shall include any topics that the MBTA deems necessary.
Subject to Section 6 (Other IPRs) of this Schedule 3.16 (Information Technology Requirements), the Operator shall be responsible for creating the agenda for each In Process Review and for providing supporting materials to all attendees of IPRs (each, an “IPR Agenda”). Prior to the circulation of each IPR Agenda, the Operator shall solicit input from the MBTA for topics to be discussed during the applicable IPR Agenda; provided, however, that the Operator shall not be relieved of its obligation to create IPR Agendas should the MBTA not provide topics. The Operator shall include all topics suggested by the MBTA for each IPR Agenda. The Operator shall ensure that all IPR Agendas (and supporting materials) are circulated to attendees of each IPR within (i) three business days for Monthly IPRs, and (ii) one (1) business day for Weekly IPRs.
The MBTA shall designate at least two (2) MBTA employees to participate in the IPRs (the "MBTA IPR Representatives"). The MBTA shall use commercially reasonable efforts to ensure that the MBTA IPR Representatives are present during every IPR; provided, however, that the MBTA IPR Representatives' failure to participate in an IPR shall not waive or reduce in any way the Operator’s obligation to hold IPRs. It is agreed and understood that the Operator shall take no material action based on matters subject to IPR review without first obtaining the MBTA’s express written approval from the MBTA IPR Representatives, where the MBTA has not, for whatever reason, attended the IPR (or IPRs) where such material action was discussed or otherwise presented (irrespective of whether such material action was included in the associated IPR Agenda).
The Operator shall be responsible for developing and maintaining the Information Technology Infrastructure Library Management Services (the “ITIL”). In connection with its performance hereunder, the Operator shall comply with and implement the ITIL standards set out in Appendix 4 (ITIL Services Breakdown Structure) to this Schedule 3.16 (Information Technology Requirements), and as the same are modified over time as well as all other industry standard ITIL standards.
In its provision of the Commuter Rail IT Environment, the Operator shall comply with applicable MBTA Policies and standards (as the same may be amended by the MBTA during the Term) including, but not limited to, those MBTA Policies identified on Appendix 5 (MBTA Policies) to this Schedule 3.16 (Information Technology Requirements), as well as all relevant federal, state and local laws and regulations. In the absence of language in this Agreement, Applicable Law, or other MBTA-approved policy and/or guideline, the Operator shall utilize best practices in the performance of its obligations under this Agreement, and bring the absence of guidance, policy or direction to the attention to appropriate MBTA officials.
Among other obligations, the Operator shall engineer, install, furnish, test, operate and maintain all Commuter Rail IT Assets at all Sites as a service, and shall operate the Commuter Rail IT Environment at all applicable Service Levels. Where Service Levels do not provide specific guidance, the Operator shall meet industry-standard performance regarding performance metrics, Commuter Rail IT Services, business continuity considerations and otherwise comply with the MBTA's reasonable expectations.
The Operator acknowledges and agrees that the number and nature of the Sites may change during the Term. Such changes shall be addressed in accordance with the process for IT Changes set out in Section 7.11 (Change Control and Configuration Management) of this Schedule 3.16 (Information Technology Requirements). The Operator further acknowledges and agrees that components of the Baseline IT Environment as well as other portions of the Commuter Rail IT Environment are located on MBTA property and that the Operator shall be solely responsible for all related Commuter Rail IT Services including, but not limited to, the IT Security Services.
In compliance with ITIL, the Operator shall establish a change control board (the “IT Change Control Board”) that shall have oversight authority and provisional approval authority over all system level changes, material changes, expenditures in excess of the allowance for IT Operations and Maintenance Costs in a particular year (subject to Schedule 9 (Supplemental Work) of this Agreement), proposed revisions to the IT Operations and Maintenance Costs Plan, new system procurement efforts, schedule outages and other significant events or changes (each, an “IT Change”). The IT Change Control Board shall be led, directed and chaired by the Operator’s CIO and shall meet at least quarterly and at such other times as reasonably determined by the Operator and the MBTA. Such personnel shall be responsible for the generation of agendas, change requests and the tracking of items to closure of IT Changes. The MBTA shall provide at least two (2) members to the IT Change Control Board that shall represent MBTA mission interests, and the IT Change Control Board shall not convene without the presence of said MBTA members (collectively, the “MBTA IT Change Control Board Representatives”). These MBTA IT Change Control Board Representatives shall have ultimate veto authority over all IT Changes, and such veto authority shall be reasonably exercised. The IT Change Control Board shall not implement any IT Changes without first obtaining written approval from the MBTA IT Change Control Board Representatives. The MBTA shall use commercially reasonable efforts to ensure that the MBTA IT Change Control Board Representatives are present during every IT Change Control Board meeting.
The Operator shall be responsible for all aspects of IT Project Management with respect to the Commuter Rail IT Environment. The Operator shall be solely responsible for all IT Changes, projects and tasks related to information technology (each, a “Project”), and shall use best industry practices and the IPRs when undertaking a Project. All Projects shall be memorialized in writing by the Operator outlining specific details regarding the Project (each, an “SOW”). Except for minor tasks that may be addressed in summary form, each SOW shall include: (i) a description of the work to be done and specifications of the expected deliverables; (ii) a milestone schedule and delivery dates for deliverables; (iii) completion criteria, quality testing and reports relating to deliverables; (iv) applicable Service Level Agreements; and (v) all other necessary or advisable QA documentation. The Operator’s work on Projects shall be conducted in accordance with the requirements and procedures set forth in the Agreement or applicable SOW. The Operator shall not undertake any Project until (a) the Project and associated SOW has been approved by the IT Change Control Board, and (b) the IT Change Control Board has provided the Operator with written notice to proceed. The Operator shall carry out each Project in accordance with the project management professional guidelines from the Project Management Institute (the “PMI Guidelines”) included on Appendix 6 (Project Management Institute Guidelines) to this Schedule 3.16 (Information Technology Requirements). The IT Change Control Board may provide recommendations as to whether a Project should be treated as Supplemental Work pursuant to Schedule 9 (Supplemental Work) of the Operating Agreement; provided, however, that determining the amount and value of a Project (if any) shall be governed by Section 1 (General) of Schedule 9 (Supplemental Work) to the Operating Agreement.
The Operator shall comply with the configuration management procedures set out in Appendix 7 (Configuration Management) to this Schedule 3.16 (Information Technology Requirements).
The Operator shall develop a written plan and budget for all costs that it intends to apply against the IT Operations and Maintenance Costs allowance (the "IT Operations and Maintenance Costs Plan"). The IT Operations and Maintenance Costs Plan shall include, at least: (i) a detailed description of each item to be applied against the IT Operations and Maintenance Costs allowance; (ii) the cost of each item; (iii) justification for the inclusion of each item within the IT Operations and Maintenance Cost Plan; (iv) other information that the Operator believes to be of use to the IT Change Control Board during its evaluation; and (v) other information reasonably requested by the IT Change Control Board. The Operator shall submit the IT Operations and Maintenance Costs Plan to the IT Change Control Board for evaluation no later than sixty (60) days after the Notice to Proceed. Within fifteen (15) days of its receipt, the IT Change Control Board shall either accept or reject the IT Operations and Maintenance Costs Plan. In the event of a rejection notice, the IT Change Control Board shall provide a detailed description of deficiencies to be corrected. Within ten (10) days of its receipt of a rejection notice (if any), the Operator shall correct all deficiencies noted and resubmit a revised IT Operations and Maintenance Costs Plan to the IT Change Control Board for further evaluation. The MBTA IT Change Control Board Representatives shall have ultimate veto authority (reasonably exercised) over the IT Operations and Maintenance Cost Plan, and the IT Operations and Maintenance Costs Plan cannot be approved by the IT Change Control Board without the agreement of the MBTA IT Change Control Board Representatives. Notwithstanding anything to the contrary, the Operator shall not charge against the IT Operations and Maintenance Costs allowance, and the MBTA shall have no obligation to pay for, any IT Operations and Maintenance Costs that are not approved by the IT Change Control Board and included in the IT Operations and Maintenance Costs Plan.
Not later than June 1 of each year of the Agreement, the Operator shall submit an updated IT Operations and Maintenance Cost Plan to the IT Change Control Board (each, an "Updated IT Operations and Maintenance Cost Plan"). The Updated IT Operations and Maintenance Cost Plan shall identify (to the extent applicable): (i) any cost differences between the proposed Updated IT Operations and Maintenance Cost Plan and the then current IT Operations and Maintenance Cost Plan; (ii) justification for the cost difference; (iii) a detailed description of new items included in the proposed Updated IT Operations and Maintenance Cost Plan to be applied against the IT Operations and Maintenance Costs allowance; (iv) the cost of each new item; (v) justification for the inclusion of each new item in the Updated IT Operations and Maintenance Cost Plan; (vi) other information that the Operator believes to be of use to the IT Change Control Board during its evaluation; and (vii) other information reasonably requested by the IT Change Control Board. Within fifteen (15) days of its receipt, the IT Change Control Board shall either accept or reject the proposed Updated IT Operations and Maintenance Costs Plan. In the event of a rejection notice, the IT Change Control Board shall provide a detailed description of deficiencies to be corrected. Within ten (10) days of its receipt of a rejection notice (if any), the Operator shall correct all deficiencies noted and resubmit a revised Updated IT Operations and Maintenance Costs Plan to the IT Change Control Board for further evaluation. The MBTA IT Change Control Board Representatives shall have ultimate veto authority (reasonably exercised) over the Updated IT Operations and Maintenance Cost Plan, and the Updated IT Operations and Maintenance Costs Plan cannot be approved by the IT Change Control Board without the agreement of the MBTA IT Change Control Board Representatives. Notwithstanding anything to the contrary, the Operator shall not charge against the IT Operations and Maintenance Costs allowance, and the MBTA shall have no obligation to pay for, any IT Operations and Maintenance Costs that are not approved of by the IT Change Control Board and included in the Updated IT Operations and Maintenance Costs Plan.
The Operator shall provide the MBTA with all necessary and desirable Design Documents and Documentation concerning all components within the Commuter Rail IT Environment and the Commuter Rail IT Environment as a whole. Such Documentation shall provide sufficient detail for the MBTA to use, operate and maintain the Commuter Rail IT Environment. The Operator shall promptly supplement such Documentation for any Updates, improvements or other changes in or to the Commuter Rail IT Environment. The Operator shall additionally provide Source Code for Developed Software and web portals to the MBTA. Such Source Code shall be no more than six (6) months out of date, as provided in detail pursuant to Schedule 3.15 (Intellectual Property; Ownership).
The Operator shall provide detailed and accurate technical drawings of, and all relevant Design Documents and technical Documentation concerning, the Commuter Rail IT Environment and technical infrastructure to the MBTA for its records.
The system storage device must utilize fault tolerant technology as its base to protect data identified in this Section 7.14 (Engineering and Technical Documentation) of this Directory: uploadedfiles -> Business Center -> Bidding and Solicitations uploadedfiles -> Corbicula an annotated bibliography 1774 2005 uploadedfiles -> Harold j. Brody, md uploadedfiles -> Kerry B. Dumbaugh uploadedfiles -> Executive Summary uploadedfiles -> Board meeting of march 3, 2010 uploadedfiles -> University of north florida facilities inventory validation uploadedfiles -> Duplin county Bidding and Solicitations -> Commuter rail service improvement plan Download 2.72 Mb. Share with your friends:
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