HomeMy WebLinkAbout2000-12-12; City Council; 15999; Maintenance Management System For Facilities,
pw
8 e %
p
2
d 5 8
APPROVAL OF CONTRACT AND~APPROPRIATE FUNDS TO
SYSTEM FOR FLEET MAINTENANCE
RECOMMENDED ACTION:
Adopt Resolution No. 2000 n 378 approving a contract with Bender Engineering to provide a
Computerized Maintenance Management System (CMMS) for Fleet Maintenance, and appropriating
funds.
ITEM EXPLANATION:
Implementation of a Computerized Maintenance Management System (CMMS) for Fleet Maintenance is needed to improve customer service to vehicle users, evaluate performance
measures, generate standard management reports, schedule preventative maintenance services,
and among other things, track fuel usage and maintain inventories up to date.
Currently, staff is using a system that cannot perform all of the necessary functions needed to
effectively manage Fleet maintenance. Features such as equipment management, parts inventory
processing, labor management and fuel management are not included in the current system
because the system is not specifically designed for Fleet maintenance. The new CMMS will not only feature these functions, but will also feature repair and work order processing, billing capabilities,
tracking downtime, and unit availability (a performance measure for Fleet).
In search of a comprehensive and advanced CMMS for Fleet maintenance, staff narrowed down their selection to two software programs; MaintStar from Bender Engineering and Faster from CCG
Systems, Inc. During staffs analysis, demonstrations from both companies were conducted,
references were contacted, and questions were generated to compare the software capabilities.
Staff concluded that both MaintStar and Faster could provide the City with an efficient and
comprehensive computer base fleet management system. However, staff determined that MaintStar from Bender Engineering is the better choice of the two programs because of the following factors:
Simplicity. With MaintStar staff can change, delete or add new fields with the click of a
button.
Report Writing. The Asset Management Module from MaintStar will enable Fleet staff to
generate specific reports.
Customization. Screens and fields can be customized to answer the questions in the ICMA
Performance Measurement Template, as well as provide data for the City’s Performance
Measurement Program.
MaintStar costs less. The complete package for the MaintStar system cost $47,400. This
cost includes procuring the system, data conversion, customization, training and
implementation. The same package for Faster will cost a minimum of $60,000.
The vendor for MaintStar (Bender Engineering) is located in Southern California (Orange
County), which enables the vendor to visit Fleet Maintenance to solve any problems and
implement upgrades. Faster is located in Virginia.
One software program for General Services. Currently, MaintStar is being implemented for
Facilities Maintenance. Having one software program will enable the divisions to support
one another through work orders. In addition, having one software program will reduce additional training and support from IT staff.
PAGE 2 OF AGENDA BILL NO. /5,9 9 4
Due to the extensive research and analysis conducted by staff, and because of the technical nature
of this software, the City’s Purchasing Officer waived the requirements for multiple proposals. The total cost to purchase, data conversion, customization, training, implementation, and providing
support services for a CMMS from Bender Engineering will be $47,400.
This project will address the Council Goals as described below.
Strategic Goal A: “Ensure the effective and efficient delivery of top-quality services to
our community.”
Operational Goal A2: “Continuously improve work processes through the use of best
technology, information-sharing, effective cross-departmental teams, and all City resources.”
This project is also one of the Goals for Public Works/General Services. This specific Goal is
described as follows:
“Develop programs that measurably improve efficiency and production through enhanced
used of resources, technology and cross-departmental teams.”
FISCAL IMPACT:
The total cost for the CMMS is $47,400. The City’s Information Technology Department has $15,000 available in their General Fund Operating budget for a Fleet CMMS. The remaining balance of
$32,400 was not included in the FY2000-01 adopted budget, and therefore additional funds in the
amount of $32,400 are needed for the Contract. Staff anticipates that the CMMS will be fully
operational within 6 months.
EXHIBITS:
1. Resolution No.%OO* 378 approving and awarding the attached contract with Bender
Engineering to provide a Computerized Maintenance Management System (CMMS) for Fleet
Maintenance, and appropriating funds.
2. Agreement.
a
EXHIBIT 1
RESOLUTION NO. 2000-378
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE EXECUTION OF A CONTRACT TO PROVIDE
A COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM FOR FLEET MAINTENANCE AND APPROPRIATING FUNDS
6 WHEREAS, staff conducted an extensive research and analysis for a comprehensive and
7 advanced Computerized Maintenance Management System (CMMS) for Fleet Maintenance; and
8 WHEREAS, the City’s Purchasing Officer waived the requirements for multiple proposals
9 because of the technical nature of the CMMS; and
10 WHEREAS, the evaluation team selected a vendor whose proposal contains the most
11 advantageous combination of price, proven performance and services; and
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows: 13 -
1. That the above recitations are true and correct.
14 2. The contract with Bender Engineering to provide a Computerized Maintenance
15 Management System is hereby approved and the Purchasing Officer is hereby authorized to
16 execute a purchase order for this project.
17 3. That the Finance Director is hereby authorized to appropriate $32,400 from the
1s General Fund contingency account to pay for this project.
19 4. That the City Manager is hereby authorized and directed to execute the contract for
20 and on behalf of the City of Carlsbad with Bender Engineering for a Computerized Maintenance
21 Management System.
22 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 12th day of December , 2000 by the following vote, to wit: 23
AYES: Council Memb Hall, Finnila, Nygaard and Kulchin.
24
25
26
27
28 AT-i. . :. ..' , / +by&?mL
AGREEMENT
FLEET MANAGEMENT SYSTEM
(Bender Engineering)
-
THIS AGREEMENT is made and entered into as of the 15TH day of
December , 2000, by and between City OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and BENDER ENGINEERING, a
corporation, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a maintenance management Contractor to provide
the necessary services for the purchase and implementation of a Computerized
Maintenance Management System (CMMS) for City’s Fleet Maintenance Division; and
Contractor possesses the necessary skills and qualifications to provide the services
required by City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Contractor will provide the MainStar Maintenance Management System, Version
8.4, hereafter referred to as SOFtWARE and will provide services as described in the
attached “Exhibit A”, entitled “SCOPE OF SERVICES”, which is incorporated herein by
reference. Contractor will also provide software maintenance services as described in
the attached “Exhibit C”, entitled “SOFTWARE MAINTENANCE AGREEMENT” which is
incorporated herein by reference and which shall survive the expiration of this
Agreement.
-1 -
rev. 7/l 8/00
City shall be responsible for such information, services, and s~~pp0t-t &scribed in
the attached “Exhibit B”, entitled “CITY’S RESPONSIBILITIES”, which is incorporated
herein by reference.
3. PROGRESS AND COMPLETION
The work under this Agreement will begin within ten (10) days after Agreement
signing and be completed within one hundred eighty (180) calendar days of that date.
The Public Works Manager/General Services may grant extensions of time if requested
by Contractor and agreed to in writing. The Public Works Manager/General Services
will give allowance for documented and substantiated unforeseeable and unavoidable
delays not caused by a lack of foresight on the part of Contractor, or delays caused by
City inaction or other agencies’ lack of timely action.
When work is completed, Contractor shall submit to City a written notification
listing the tasks completed. After receiving said notification, City shall have ten (10)
working days to test the CMMS to ensure that it is working properly in accordance to
“Exhibit A” and without failures. If City accepts the CMMS, a written letter confirming
City’s acceptance will be sent to Contractor, and City will release the 10% retention, as
stated in Paragraph 4 below, to Contractor.
4. FEES TO BE PAID TO CONTRACTOR
As further described in attached “Exhibit D”, which is incorporated herein by
reference, the total fee payable for the services to be performed shall be $47,400. No
other compensation for services will be allowed except those items covered by
supplemental agreements per Paragraph 7, “Changes in Work.” City reserves the right
to withhold a ten percent (10%) retention until City has accepted the project.
-2-
City may increase the number of user licenses as agreed upon in this
Agreement. An increase in the number of user licenses will be reflected by written
amendment to this Agreement, pursuant to Paragraph 7 below. Contractor agrees to
sell and install additional user licenses to City at a fee of $5,000.00 per user license. In
addition, Contractor agrees to sell and install additional Software modules to City at fees
as described in the attached “Exhibit E”, entitled “OPTIONAL MODULE FEES”. City
understands that the fee for certain specialty modules will exceed the standard fee for
modules mentioned above.
5. DURATION OF CONTRACT
This Agreement shall extend for a period of one year from date thereof. The
Agreement may be extended by City Manager for two additional one (1) year periods or
parts thereof. Extensions will be based upon a review of satisfactory performance and
City’s needs. The parties shall prepare extensions in writing indicating effective date and
length of the extended Agreement.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to Contractor within 30
days of receipt of the invoice.
7. CHANGES IN WORK
If, in the course of the Agreement, changes seem merited by Contractor or City,
and informal consultations with the other party indicate that a change in the conditions
of the Agreement is warranted, Contractor or City may request a change in Agreement.
Such changes shall be processed by City in the following manner: A letter outlining the
required changes shall be forwarded to City by Contractor to inform them of the
proposed changes along with a statement of estimated changes in charges or time
-3 -
rev. 7/l 8/00
schedule. A Standard Amendment to Agreement shall be prepared by City and
approved by City according to the procedures described in Carlsbad Municipal Code
Section 3.28.172. Such Amendment to Agreement shall not render ineffective or
invalidate unaffected portions of the Agreement.
a. WARRANTIES.
The warranties enumerated in this Paragraph 8 shall commence upon
City’s acceptance of the software and remain in effect for one year after acceptance or
the term of any maintenance agreement signed by the parties, whichever is longer. A
breach of any of these warranties by Contractor shall constitute a Material Breach under
this Agreement. This Paragraph 8 shall survive the expiration of the Agreement.
Warranties:
A. Contractor has title to the Software.
B. The Software will be free of known viruses, worms and Trojan
horses, and any code designed to disable the Software because of the passage of time,
alleged failure to make payments due, or otherwise (except for documented security
measures such as password expiration functions);
C. During the Warranty Period, the Software will perform in conformity
with the Specifications and Requirements. Specifications and requirements shall mean:
All written or electronic materials relating to the use or function of the software are
provided by Contractor to City or generally made available by Contractor, including but
not limited to reference, user, installation, systems administration and technical guides
and manuals, and functional and technical specifications. Contractor will, at its
expense, correct any errors in the software attributable solely to Contractor or their
assigned or sub-contracted parties.
-4 -
rev. 7/l 8/00
D. All Documentation is in all material respects complete and
accurate, and will enable information technology professionals and other City
employees with ordinary skills and experience to utilize the Software for all purposes for
which it is being acquired by City. The Documentation will be updated to reflect all
releases of the Software and any and all other modifications, enhancements, updates,
error corrections, improvements and the like provided by Contractor, and all such
updates will be of equal or greater quality to the initial Documentation provided to City
and will be delivered to City within thirty (30) days after the release, modifications,
enhancements, updates, error corrections or improvements to which the Documentation
update applies has been delivered to City;
E. The Software products are and will be general release versions that
have been fully tested at Contractor’s site in accordance with industry standards, and
are not beta or pre-release versions; and
F. All work performed by Contractor and/or its subcontractors
pursuant to this Agreement shall meet industry accepted standards of excellence, and
shall be performed in a professional and workmanlike manner by staff with the
necessary skills, experience and knowledge.
9. ADDITIONAL SERVICES
City may require additional services on a-project by project basis to assist with
operation and/or desired functionality of the CMMS. When additional services are
requested, Contractor will provide City with a written proposal for each requested
project, which may be accepted or rejected by City. If accepted by City in writing, and
upon completion of the project, Contractor shall submit an invoice to City for approval.
-5 -
rev. 7/l 8/00
10. COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that their firm has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this
Agreement, and that Contractor has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the award or making of
this Agreement. For breach or violation of this warranty, City shall have the right to
annul this Agreement without liability, or, in its discretion, to deduct from the Agreement
price or consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fees, gift, or contingent fee.
11. COMPLIANCE WITH LAWS AND ORDINANCES.
Contractor agrees to make itself aware of and comply with all local, state and
federal ordinances, statutes, laws, rules and regulations applicable to the performance
of its obligations under this Agreement, including but not limited to all applicable federal,
state and/or local laws regarding employment practices and discrimination.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
Agreement, the following procedure shall be used to resolve any questions of fact or
interpretation not otherwise settled by agreement between parties. The project
manager of Contractor or City’s Public Works Manager/General Services, if they
become identified as a part of a dispute among persons operating under the provisions
of the Agreement, shall reduce such questions, to writing a letter. A copy of such
documented dispute shall be forwarded to both parties involved along with
recommended methods of resolution, which would be of benefit to both parties. Either
-6 -
rev. 7/l 8/00
the project manager or the Public Works Manager/General Services receiving the letter
shall reply to the letter along with a recommended method of resolution within ten (10)
business days. If the resolution thus obtained is unsatisfactory to the aggrieved patty, a
letter outlining the disputes shall be forwarded to City Council through the Office of the
City Manager. The City Council may then opt to consider the directed solution to the
problem. In such cases, the action of the City Council shall be binding upon the parties
involved, although nothing in this procedure shall prohibit the parties from seeking
remedies available to them at law.
13. TERMINATION OF CONTRACT
Along with the other remedies available City in this Agreement, in the event of
Contractor’s failure to prosecute, deliver, or perform the work as provided for in this
Agreement, the City Manager may terminate this Agreement for nonperformance by
notifying Contractor by certified mail of the termination of the Agreement. Contractor,
thereupon, has five (5) working days to deliver all computer programs, files,
documentation, data, media related material, any other materials and equipment owned
by City and all work in progress to the Public Works Manager/General Services. The
Public Works Manager/General Services shall make a determination of fact based upon
the materials delivered to City of the percentage of work, which Contractor has
performed which is usable and of worth to City in having the Agreement completed.
Based upon that finding as reported to the City Manager, the City Manager shall
determine the final payment of the Agreement.
This Agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of City, Contractor shall assemble the work product and put same in order
rev. 7/l 8/00 -7 -
for proper filing and closing and deliver said product to City. In the event of termination,
Contractor shall be paid for work performed to the termination date; however, the total
shall not exceed the lump sum fee payable under Paragraph 4 of this Agreement. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
14. SUSPENSION OF SERVICES
Notwithstanding anything to the contrary in this Agreement, in the event that City
disputes in good faith an allegation of default by Contractor, Contractor agrees that it
will not terminate this Agreement or suspend or limit any of its performance obligations
or warranties or repossess, disable or render unusable the software, unless 1) the
parties agree in writing, or 2) an order of a court of competent jurisdiction determines
otherwise.
15. ASSIGNMENT.
Contractor shall not assign this Agreement or any part thereof or any monies due
there under without the prior written consent of City. Any assignment attempted without
the written consent of the other party shall be void. For purposes of this Agreement, the
term “assignment” shall include any transfer of rights or obligations under this
Agreement to a successor by merger or consolidation or to any person or entity that
acquires all or substantially all of Contractor’s capital stock or assets, and shall include
Contractor’s assignment of this Agreement to any person or entity to which Contractor
transfers any of its rights in the Software.
16. CLAIMS AND LAWSUITS
Contractor agrees that any contract claim submitted to City must be asserted as
part of the contract process as set forth in this Agreement and not in anticipation of
-8 -
rev. 7/l 8/00
litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is
submitted to City, it may be considered fraud and Contractor may be subject to criminal
prosecution. Contractor acknowledges that California Government Code sections 12650
et seq., the False Claims Act, provides for civil penalties where a person knowingly
submits a false claim to a public entity. These provisions include false claims made with
deliberate ignorance of the false information or in reckless disregard of the truth or
falsity of information. If City seeks to recover penalties pursuant to the False Claims Act,
it is entitled to recover its litigation costs, including attorney’s fees. Contractor
acknowledges that the filing of a false claim may subject Contractor to an administrative
debarment proceeding wherein Contractor may be prevented to act as a Contractor on
any public work or improvement for a period of up to five years. Contractor
acknowledges debarment by another jurisdiction is grounds for City to disqualify
Contractor from the selection process. - * (Initial) -Lp (Initial)
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and
3.32.028 pertaining to false claims are incorporated herein by reference.
Z@ (Initial) ‘p (Initial)
17. JURISDICTION
Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this Agreement is San
Diego County, California.
ia. STATUS OF CONTRACTOR
Contractor shall perform the services provided for herein in Contractor’s own way
as an independent contractor and in pursuit of Contractor’s independent calling, and not
as an employee of City. Contractor shall be under control of City only as to the result to
rev. 7/l 8/00
be accomplished, but shall consult with City as provided for in the request for proposal.
The persons used by Contractor to provide services under this Agreement shall not be
considered employees of City for any purposes whatsoever.
Contractor is an independent contractor of City. The payment made to
Contractor pursuant to the Agreement shall be the full and complete compensation to
which Contractor is entitled. City shall not make any federal or state tax withholdings on
behalf of Contractor or its employees or subcontractors. City shall not be required to pay
any workers’ compensation insurance or unemployment contributions on behalf of
Contractor or its employees or subcontractors. Contractor agrees to indemnify City
within 30 days for any tax, retirement contribution, social security, overtime payment,
unemployment payment or workers’ compensation payment which City may be required
to make on behalf of Contractor or any employee or subcontractor of Contractor for
work done under this Agreement or such indemnification amount may be deducted by
City from any balance owing to Contractor.
Contractor shall be aware of the requirements of the Immigration Reform and
Control Act of 1986 and shall comply with those requirements, including, but not limited
to, verifying the eligibility for employment of all agents, employees, subcontractors and
Consultants that are included in this Agreement.
19. INDEMNIFICATION.
To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City and City’s officers, agents and employees from and against any
and all loss, damages, obligations, liabilities and expenses (including reasonable
attorneys’ fees) that arise directly or indirectly from:
-10 -
rev. 7/l 8/00
A. any infringement of any United States or Canadian copyright,
trademark or patent, or misappropriation of the trade secrets of any third party, in
connection with the Licensed Product (or any allegation of any of the foregoing)
(“Infringement Claims”); or
B. any act(s) of negligence or willful misconduct by Contractor or any
of its agents, employees or subcontractors (or any allegations of any of the foregoing),
including but not limited to any liability caused by an accident or other occurrence
resulting in bodily injury, death, sickness or disease to any person(s) or damage or
destruction to any property, real or personal; or
C. City’s refusal to produce any document or information described in
Paragraph C of “Exhibit 8” pursuant to a request to review public city records, after
receiving a request for such item and after being instructed by Contractor not to produce
it; or
D. any claims by any persons or entities supplying labor or material to
Contractor in connection with the performance of Contractor’s obligations under this
Agreement (“Labor and Material Claims”).
Indemnity for Infringement Claims shall be contingent upon City: 1) giving
prompt notice to Contractor of any such Infringement Claim(s) which Contractor is
otherwise unaware of; 2) Contractor having control over the defense of such action,
provided City shall have input as to all matters affecting City: and 3) City reasonably
cooperating in the defense of such action.
If an Infringement Claim occurs, Contractor shall within thirty (30) days
after receipt of the City’s written notice of such claim or the date on which Contractor
first becomes aware of such claim, whichever is sooner, either: 1) procure for City the
rev. 7/l 8/00
-11 -
right to continue using the affected product, service or component and deliver or provide
such product, service or component to City; or 2) repair or replace the infringing project,
service or component so that it becomes noninfringing, provided that the performance of
the Software or any component thereof shall not be adversely affected by such
replacement or modification. In the event Contractor is unable to comply with either
subsection 1) or 2) of this paragraph within the thirty (30) day time period described
above, City shall have the right to terminate this Agreement for default. In the event of
such termination, in addition to any other remedies available to City at law, under this
Agreement or otherwise, Contractor shall pay to City within ten days of City’s notice of
termination a pro rata portion of all License Fees paid as of the date of termination .
This Paragraph 19 shall survive termination or expiration of this Agreement.
20. SUBCONTRACTING
If Contractor shall subcontract any of the work to be performed under this
Agreement by Contractor, Contractor shall be fully responsible to City for the acts and
omissions of Contractor’s subcontractor and of the persons either directly or indirectly
employed by the subcontractor, as Contractor is for the acts and omissions of persons
directly employed by Contractor. Nothing contained in this Agreement shall create any
contractual relationship between any subcontractor of Contractor and City. Contractor
shall bind every subcontractor and every subcontractor of a subcontractor by the terms
of this Agreement applicable to Contractors work unless specifically noted to the
contrary in the subcontract in question approved in writing by City.
21. PROHIBITED INTEREST
No official of City who is authorized in such capacity on behalf of City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
-12 -
rev. 7/l 8/00
approving of this Agreement, shall become directly or indirectly interested personally in
this Agreement or inany part thereof. No officer or employee of City who is authorized
in such capacity and on behalf of City to exercise any executive, supervisory, or similar
functions in connection with the performance of this Agreement shall become directly or
indirectly interested personally in this Agreement or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of City,
either before, during or after the execution of this Agreement, shall affect or modify any
of the terms or obligations herein contained nor entitle Contractor to any additional
payment whatsoever under the terms of this Agreement.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 19 “Indemnification,” all terms, conditions,
and provisions hereof shall inure to and shall bind each of the parties hereto, and each
of their respective heirs, executors, administrators, successors, and assigns.
24. LIQUIDATION OF CONTRACTOR
In the event that Contractor (or a surviving company in the event of merger or
sale of Bender Engineering) is liquidated, dissolved, or ceases to carry on business on
a regular basis, City will have a perpetual, irrevocable, nonexclusive, license, title and
right of ownership to the Software (inclusive of source code and all other
documentation) subject to City agreement that it will not, at any time, market the
Software. City will have the right to purchase the source code from escrow in the
amount of $3,500.00.
rev. 7/l 8/00
-13 -
25. EFFECTIVE DATE
This Agreement shall be effective on and from the day and year first written
above.
26. CONFLICT OF INTEREST
City has determined, using the guidelines of the Political Reform Act and City’s
conflict of interest code, that Contractor will not be required to file a conflict of interest
statement as a requirement of this Agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the Political
Reform Act and nothing in this Agreement releases Contractor from this responsibility.
27. PERFORMANCE BOND
As security for vendor performance under this Agreement, Contractor will furnish
a performance bond, executed on the form attached hereto as “Exhibit F’, by a surety
company duly authorized to do business in California with a rating in the most recent
Best’s Rating Guide of at least A-:V, in an amount at least equal to one hundred percent
(100%) of the Agreement price for Bender Engineering MainStar Maintenance
Management System and related services totaling $46,815.00.
26. INSURANCE
Contractor shall obtain and maintain for the duration of the Agreement and any
and all amendments insurance against claims for injuries to persons or damage to
property which may arise out of or in connection with performance of the work
hereunder by Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall be obtained from an insurance carrier admitted and authorized to
do business in the State of California. The insurance carrier is required to have a
rev. 7/l 8/00
-14 - i
\ \
current Best’s Key Rating of not less than “A-:V” and shall meet City’s policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits.
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager:
1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined
single-limit per occurrence for bodily injury, personal injury and property damage. If the
submitted policies contain aggregate limits, general aggregate limits shall apply
separately to the work under this Agreement or the general aggregate shall be twice the
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved for
Contractor’s work for City). $l,OOO,OOO combined single-limit per accident for bodily
injury and property damage.
3. Workers’ Compensation and Employer’s Liability. Workers’
Compensation limits as required by the Labor Code of the State of California and
Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury.
4. Professional Liability. Errors and omissions liability appropriate to
Contractor’s profession with limits of not less than $500,000 per claim. Coverage shall
be maintained for a period of five years following the date of completion of the work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
Agreement contain, or are endorsed to contain, the following provisions.
-15 -
rev. 7/l 8/00
1. City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. Contractor shall furnish certificates of insurance to City before
commencement of work.
3. Contractor shall obtain occurrence coverage, excluding
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the Agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
City sent by certified mail.
5. If Contractor fails to maintain any of the insurance coverages
required herein, then City will have the option to declare Contractor in breach, or may
purchase replacement insurance or pay the premiums that are due on existing policies
in order that the required coverages may be maintained. Contractor is responsible for
any payments made by City to obtain or maintain such insurance and City may collect
the same from Contractor or deduct the amount paid from any sums due Contractor
under this Agreement.
29. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of City and on behalf of Contractor in connection with the
foregoing are as follows:
For City: Title
Name
Address
Public Works Manaaer/General Services
DOUQ Duncanson
405 Oak Avenue
Carlsbad, California 92008
-16 -
rev. 7/l 8/00
For Contractor: Title
Name
Address
Project Manaaer
Dimitrv Poretskv
3535 Farquhar Avenue
Los Alamitos. California 90720
30. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the Agreement.
31. LIQUIDATED DAMAGES
A. If Contractor fails to deliver the software and services according to the
Implementation Schedule set forth in “Exhibit A” or as modified by mutual agreement
according to Section 7 of this Agreement; or is found to be in Material Breach of this
Agreement, City will provide written notification of such failure or Material Breach to
Contractor. Contractor will then have fifteen (15) business days to cure such failure or
Material Breach to City’s satisfaction or appeal the notification to City Council pursuant
to Paragraph 12 of this Agreement. In the event that Contractor does not correct said
failure or Material Breach within the applicable cure period, liquidated damages in the
amount of TWO HUNDRED FIFTY dollars ($250.00) per day may be imposed upon
Contractor and subtracted from any amounts then due and payable or, if no amounts
are due and payable then, paid by Contractor to City within sixty (60) business days.
Any failures by Contractor that are due to the City’s delay in the completion of tasks for
implementation of the System will not be considered a Material Breach of this
Agreement, and the Contractor will not be imposed of liquidated damages.
B. The parties acknowledge that it would be impractical or extremely difficult to fix
actual damages in the case of Contractor’s default, and that the amount of damages
-l7-
specified in this Paragraph 31 is a reasonable and complete estimate of City’s damages.
Contractor recognizes that Contractor’s prompt response to notices of default and
continued commitment to its obligations under this Agreement for which penalties can be
imposed, is of critical importance to City. In initialing below, both parties agree that the
amount of liquidated damages set forth in this Paragraph 31 is the
estimate of the cost to City of a violation or breach of this Agreement.
CITY: LICENSEE:
best reasonable
(Initials) (Initials)
32. ENTIRE AGREEMENT
This Agreement, together with any other written document referred to, attached
or contemplated herein, along with the purchase order for this Agreement and its
provisions, embody the entire agreement and understanding between the parties
relating to the subject matter hereof. In case of conflict, the terms of the Agreement
supersede the purchase order. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in writing executed
by the party against which enforcement of such amendment, waiver or discharge is
sought.
/I/
/I/
I//
-18 -
rev. 7/l 8/00
Executed by Contractor this day of _l*6fK
CONTRACTOR:
Lfziwg& t3q&&?&Q4.
(name of Contnktor) .
CITY OF CARLSBAD, a municipal corporation of the State of California
(print name/title)
APPROVED AS TO FORM:
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for
corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
-19 -
rev. 7/l 8100
All-Purpose Acknowledgment
State of
County of §
0 kd~ 14, k&W before me, n . DN& C. LAUF~TZEN
DATE I NAMEOF NOTARY PUBLIC
personally appeared, ~/NO V i’ R* !@mk p I NAME(S) OF BKWER(!3
cl
personally known to me- or- Ki proved to me on the basis of satisfactory evidence to
be the permdd) whose nmne@~~subscn~ to the
within instrurnen t and acknozuledged to me thaw h
/dky aecut~ the same i@~J authorized
capacity &s), and that m he&heir signature(s
the instrument the person& or the entity upon kha2fof
which the perso&+ acted, executed the instrument.
seal.
OPTIONAL u
Though the information below is not required by law, it may prove valuable to persons relying on the document and prevents
fraudulent reattachment of this form.
Type or Title of Document Capacity Claim .ed By Signer(s)
Ll Individual(s)
4-e
TITLEORTYI’EOF@CUhtFNI
Number of pages:
Date of Document:
cl Partner(s) ............................ cl General
............................................. ll Lirni ted J n Attorney-in-Fact -
Signer(s) Other Than Named Above: rJ - Guardian/Conservator
cl Trustee(s)
17 Other:
Signer is Representing:
g&+&g&
Name(s) ctlterson6) or Fntity(
,901.296 AIM MailCenten an hdependentlyDwne.d &Dpmkd Franchise 0 19% Alh4 Mail Ccntrn I-k%XHUY4i245
EXHIBIT A
SCOPE OF SERVICES
COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM
A. The Contractor grants to the City five (5) nonexclusive, nontransferable, perpetual
user licenses for use of the MainStar Maintenance Management System,, Version 8.4,
hereinafter referred to “Software”, for Fleet Maintenance Management. Said license
shall continue in full force and effect beyond the terms of this contract. All
application software will be provided in executable form. The Contractor will also
provide three (3) copies of all user and technical documentation relating to the
Software, which may be reproduced by the City for internal use, distribution and
training purposes.
B. The City is hereby granted the right to use the Software according to the terms and
conditions of the Contract, and Contractor will install and implement the Software
Modules in the City’s muti-site, wide area network environment in accordance with
their (the Contractor) pricing and service proposal.
C. Contractor warrants that the Software will perform the features and functions
contained in the specifications attached hereto as Attachment 1 and herein by
reference. In addition, Contractor warrants the Software is capable of retrieving all
types of work orders within ten seconds or less.
D. Contractor agrees to provide three days of on-site training to unlimited number of
trainees at times and places mutually agreed upon by the parties, and shall furnish all
training materials necessary to accomplish the training of City personnel in the use of
the Software.
E. Contractor agrees to provide a toll free telephone number for technical support
services. The telephone numbers will be available yearly and from 7:00 a.m. to 5:00
p.m., Monday through Friday, excluding holidays.
F. Contractor agrees that City will acquire non-exclusive title to Software in this
contract, including all source codes, if Contractor ceases to do business.
G. Contractor agrees to permit City to install new releases of the Software for testing
purposes, prior to installation in production, or training for purposes. This may
require installation of Software on a separate server and/or desktop PC’s.
20
EXHIBIT A
Contractor will perform the following Software implementation tasks.
PHASEI 1.
2.
3.
4.
5.
6. 7.
Preliminary meeting to discuss City objectives and information flow.
Meeting with the City to define work order processing.
Meeting with the City to discuss the inventory control system that will be integrated
with the work ordering system.
Develop a strategy for getting City personnel involved in the implementation process.
Meeting with City personnel to explain the benefits and goals.
Assign areas of responsibilities.
Conduct interviews with City personnel to define areas of concern and the level of
cooperation.
8. Create implementation team and define areas of responsibilities.
9. Prioritize tasks.
SE II
1. Collect data from City in ASCII or approved format, and begin converting data into the system. The following data will be converted:
a. List of vehicles
b. List of parts
c. List of vendors
d. Cost centers
e. Craftsman
f. Total number of miles by vehicle type (police, fire, light vehicles, heavy vehicles,
etc.)
g. List of equipment
ASE III 1. Upon direction from City, Contractor will customize system to enhance the City’s
Performance Measurement Program for Fleet Maintenance. The system will perform
the following function:
a. Calculate the percent of work orders completed within 48 hours from the time the
vehicle is delivered to the shop.
b. Calculate the percent of fleet units on the road.
c. Compare maintenance and repair work performed by fleet operations with the
Industry Flat rate manual (industry standards).
-21-
ATTACHMENT “1” TO EXHIBIT “A”
The MainStar Maintenance Management System, Version 8.4, will perform the following
features and functions:
A. Equipment Management
The Software will provide access to information that supports fleet personnel in their
mission to manage assets, make informed decisions, and evaluate performance based on
identifying and controlling all costs associated with owning and maintaining each asset. The
Software must meet the following requirements:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Maintain standard descriptive, ownership, acquisition/disposal, cost, billing and other
information on each piece of equipment.
Provide comparative performance data on each vehicle, within its class, and/or user-
defined usage groups.
Display and print information pertaining to maintenance costs, fuel consumption, fuel
costs, metered usage, and other parameters, on a monthly, fiscal year to day, life to
date and ad hoc basis.
Track an unlimited number of warranties on each piece of equipment.
Retrieve equipment, work order, and parts records using simple screen-based search
and user defined search criteria.
Create and maintain user-defined fields for equipment, work orders and parts records.
Create and maintain a Notes field for equipment, work order, and parts records.
Re-assign equipment identification numbers when vehicles previously assigned the
number are in an inactive status. When this is the case, the system will maintain the
integrity of all records pertaining to the various vehicles assigned that number at any
given time.
Link components to vehicles and other equipment in a one-to-one or one-to-many
master component relationship, maintaining the integrity of associated records of each
piece of equipment involved in the relationship. The process of linking,
disconnecting, and linking to another piece of equipment must be quick and easy.
Component equipment (trailers, compressors, etc.) assigned to another piece of
equipment must be easily disconnected from one master and assigned to another.
The Software must maintain a complete record on each component, treating it as any
other piece of equipment for reporting and other purposes.
The Software must provide a report that lists a master piece of equipment and all
associated components.
33
ATTACHMENT “1” TO EXHIBIT “A”
13.
14.
15.
The Software must provide for an optional end of month process that provides
summary information on equipment history. The process should not affect
transactional data in the equipment history files.
The Software must enable users to navigate through the database to retrieve
information pertaining to any piece of equipment quickly and easily, without having
to leave the screen they’re currently viewing.
Provide a vehicle replacement function to forecast replacements for periods specified
by the user. The criteria must include life expectancy (in months, distance, hours,
etc.) as well as total labor dollars expended on the vehicle.
B. Repairs and Work Order Processing
The Software must be oriented to the work order process, enabling users to create and
capture information associated with repairs, parts issued, labor, commercial repairs, and
associated costs. The Software must:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Capture multiple repair types on a work order, including scheduled and unscheduled
work, billable and non-billable, preventive and predictive maintenance, accidents,
general repair work, and many more.
Perform detailed analysis by type of repair.
Isolate repairs by type, within user-defined time period, departments to which
equipment is assigned, and equipment class.
Link work order record(s) to associated equipment record, enabling users to retrieve
all work orders for a piece of equipment quickly and easily.
Provide for some means of entering information on commercial repairs, enabling
management to analyze repair reason, type, and cost, and evaluate alternatives.
Capture information on work orders that link repairs to individual operators.
Provide the ability to view all open work orders on-line, indicating the status of each.
Provide an on-line display of detailed work order information.
Generate a list of state inspections and preventative maintenance due, with options to
sort the lists by department, shop, vehicle class or date.
Support PM scheduling on the basis of mileage, usage hours, fuel consumption,
calendar dates, or any combination of these measures.
Automatically update equipment records with the next PM due milestone when a PM
service has been completed and recorded.
23
12.
13.
14.
15.
16.
17. Produce management reports pertaining to work orders as follows:
1.
ATTACHMENT “1” TO EXHIBIT “A”
Support equipment-specific PM scheduling.
Schedule unlimited, discrete, PM services for a given piece of equipment.
Track unlimited PM services for all components.
Adjust for early or late hierarchically scheduled preventative maintenance services.
Generate a report listing PM services due, including all PM services due for a given
piece of equipment
a. Finished or closed work orders with information on shop floor transactions
b. Mechanics accountability to analyze shop floor productivity.
c. Lists of parts issued to work orders, within specified date ranges.
d. Repairs contracted out to commercial vendors.
e. Deferred maintenance by department and shop; sorted various ways.
f. Summary of costs by department and shop issuing work order.
g. Summary of work order activity reflecting total hours each work order has been
open.
h. Reports isolating sublet costs.
i. Reports isolating road call costs.
System must be capable of printing all information associated with a work order.
C. Labor Management
2. Provide mechanics workstations designed to automate tasks associated with shop
floor personnel.
3. Enter transactions directly to work order and through the Mechanic’s Workstation as
the work is performed.
4. Capture all labor transactions in real-time as the mechanic logs on and off repair job.
5. Track direct and indirect labor. Each will utilize multiple user-define coding options.
6. View on-line, all work in progress and work completed.
D. Parts Inventory Management and Processing
The Software must support inventory management and processing functions efficiently
and cost effectively. The Software must have the ability to:
1. Store standard and user-defined data pertaining to each part stored, or to be stored, in the
fleet’s inventory.
24
,-
ATTACHMENT “1” TO EXHIBIT “A”
2. Store user-defined codes for parts, vendors, purchase order number, usage type, and other
fields.
3. Track orders by P.O. number and vendor invoice.
4. Audit transactions, indicating action taken, when, and by whom.
5. Perform on-line searches to retrieve parts records by part number, description, category
alternate part number, user-defined fields, manufacturer, and other criteria.
6. Identify non-stocked items, ordering and receiving them, tracking them, and storing
warranty information on them.
7. Store unlimited warranty data, including warranty type and expiration date, providing on-
line alert when warranty part is issued.
8. Support a quick and easy method of identifying and reordering selected parts whose
inventory falls below user-prescribed levels.
9. Support an automatic ordering function to enable parts personnel to maintain desired
inventory levels based on user-defined parameters.
10. Make adjustments, process transfers, returns, and perform other standard parts inventory
functions.
11. Issue parts to work orders, pricing parts at a moving average cost.
12. Generate standard management reports and lists pertaining to the following:
a. Inventory lists and categories
b. Parts issued
c. Vendors
d. Parts Received
e. Automatic Orders
f. Parts Transferred
g. Back Orders
h. Alternate Part Numbers
i. Parts Warranty Information
j. Manufacturers’ Parts numbers
k. A parts reference list
1. Parts inventory with no markup
m. Parts surplus.
13. Support on-line, screen based search and print capabilities to retrieve parts records.
Search criteria will range from very simple to complex, according to user needs.
25
ATTACHMENT “1” TO EXHIBIT “A”
14. Print barcodes for each part with basic information: part number, description, storeroom
and storage location, quantity in stock, and equivalent part number. The Software must
provide an option for printing default quantity number, or to change the quantity if
desired.
15. Generate inventory work lists according to selection criteria that may include part
number, storeroom, part type, and location in the storeroom.
16. Generate parts reorder lists; by vendor, part number, and/or storeroom.
17. Issue and charge parts to an individual or department without issuing to work order.
18. Apply a reasonable check (percentage) on unit cost on parts received.
19. Provide an on-line screen NOTES function.
20. Identify a mark-up percentage by part number, on every screen where parts information
can be retrieved.
21. Display the following historical data for each part, online, including:
a. Total quantity of parts issued to work orders
b. Total quantity of parts received from inventory
c. Total received from returns
d. Total transferred into specified storeroom
e. Total transferred out of specified storeroom
f. Total number of times stock quantity was increased
g. Total number of times stock quantity was decreased
h. Quantity of specified part in inventory when End-of-Month Posting is done
i. Item per unit cost for specified period: based on either costs of last part received
or on moving average.
j. Extended Costs: based on multiplying unit cost per part by quantity, for given
period. Not to include markup.
k. Markup: The percentage markup for a given part.
22. Track multiple storerooms and produce an audit trail for transfers among storerooms.
E. Fuel Management
The Software must be capable of interfacing to an automated fuel system and provide
fleet management with information to account for quantities, costs, and other factors pertaining
to fuel and other fluids issued. This will include the ability to:
1. Provide an electronic interface to a automated fuel system, in batch mode. The
interface will be written specifically for this fleet.
2. Track all fuels purchased in-house and commercially.
26
-. -
ATTACHMENT “1” TO EXHIBIT “A”
3.
4.
5.
6.
7.
8.
9.
F.
Track fuel transaction on the individual operator, as well as the equipment level.
Track multiple fuel types as specified for a given piece of equipment.
Maintain a perpetual inventory of fuel and other operational fluids, tracking all
receipts, issues, stick readings, and meter readings.
Charge fuel based on moving averages calculated from inventory receipts.
View on-line and print fuel and operational fluids’ transaction costs and odometer
readings for a given piece of equipment,
Add fuel transaction manually; change and delete posted transaction.
Make on-line inquiries on fuel transactions pertaining to specified equipment. The
Software must provide disbursement date, time, pump, quantity, cost, and transaction
number. Information will reflect all transactions taking place after a user-defined
date.
Billing Capabilities
The Software must meet the following billing requirements:
1. Billing periods must be user-definable.
2. The Software must allow for billing at the individual equipment level.
3. Bill a fixed monthly cost for an individual piece of equipment.
4. Provide a detailed statement each billing period, showing departmental cost, by piece
of equipment, as a standard option. The program must include option to run by
department or by class within department.
5. Apply credit for current and past corrections and adjustments.
G. Tracking Downtime and Unit Availability
The Software must support effort to track downtime and maximize unit availability, as follows:
1. Record and display downtime and user-defined reason(s) for downtime.
2. Track actual labor hours versus unit downtime on work order and equipment record.
3. Track downtime from time vehicle is delivered to shop until customer is notified of
completion of repair or maintenance.
27
-.
ATTACHMENT “1” TO EXHIBIT “A”
4. Provide optional downtime calendar that uses fleet-defined parameters for a given
class of equipment and/or individual piece of equipment. Downtime parameters
should include hours of service for day, weekends, and holidays, by the individual
piece of equipment.
5. Provide a means to stop and re-start downtime tracking in situations where a piece of
equipment is worked on, released, then returned to the shop and worked on again on
the same work order.
6. Provide downtime analysis, generating totals and averages by unit, class, work order
number, and department/division. Data will be broken out by reason (user-defined),
and may include (or exclude) non-working hours such as weekends and holidays.
7. Calculate downtime by vehicle class, group, and individual piece of equipment based
on user-established parameters.
28
EXHIBIT B
CITY’S RESPONSIBILITIES
COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM
A. The City agrees to use the Software licensed under this Contract solely for its own use
on the City’s computer system(s), provided that any Software delivered by the
Contractor in machine readable form may be copied (text only) in whole or in part, in
printed or machine readable form, solely for the City’s own use for back-up and
archival purposes. Accompanying documentation and user guides may be reproduced
for internal use, distribution and training purposes only.
B. The City acknowledges that no title to or ownership of the Software or any of its parts
is transferred to the City and the City’s right to use the Software shall at all times be
subject to the restriction set forth in this Contract.
C. The City acknowledges that the Software, including modifications made by the
Contractor, constitutes valuable property and a trade secret of the Contractor and that
all marketing rights to the system and all modifications made by the Contractor
remain the Contractor’s property, whether or not any portion is or may be validly
copywritten. City, within its control and capacity, agrees to hold all of the Software
and related documentation in strictest confidence, agrees not to use them except in the
performance of this Contract, and agrees to release them only to employees requiring
the Software and related documentation and not to release or disclose them to any
other party, unless required to do so by a court of law or pursuant to applicable public
records statutes.
D. The City agrees to commit, if feasible, the City personnel necessary to facilitate the
implementation; however, any delay in the City’s completion of tasks shall not be a
considered a breach of this Contract.
29
EXHIBIT C
SOFTWARE MAINTENANCE AGREEMENT
(Bender Engineering)
THIS SOmARE MAINTENANCE AGREEMENT is made and entered into as
of the day of t 2000, by and between the
CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and
BENDER ENGINEERING, a corporation, hereinafter referred to as “Contractor.”
RECITALS
A. On , 2000, City and Contractor executed an Agreement for the
purchase and implementation of a Computerized Maintenance Management System
(CMMS) for City’s Fleet Maintenance Division (the “Agreement”).
B. Pursuant to Paragraph of the Agreement, Contractor has agreed to
provide maintenance and support services to City for the CMMS.
C. City and Contractor desire to memorialize the terms by which Contractor
shall provide the CMMS maintenance and support services.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
I. STANDARD MAINTENANCE
Other than third party products, Contractor agrees to provide City with a one (1)
year Warranty for the Software described in and licensed by the Agreement,
commencing with Contractor’s certification to City of the readiness of the Software.
Said Warranty is provided to City at no charge.
-30 -
rev. 1 O/27/00
-
Upon the first annual renewal date after final acceptance of the Software, City
shall have the option of purchasing Contractor’s maintenance coverage for a period of
one (1) year and renewable annually unless terminated by City, pursuant to the terms
set forth herein.
As long as City is paying for maintenance with respect to the Software under the
terms set forth herein, Contractor shall provide to City at no additional cost the following
goods and services:
A. All program updates and additions for use with the Software, which are
developed by Contractor, provided, however, that no such program update or addition
shall materially impair the functionality or performance characteristics of the Software.
B. Phone-in consultation services in which City may request and receive
verbal information regarding the use of the Software.’ These services shall be available
as described in Section E of “Exhibit A* of the Agreement.
C. All program changes deemed necessary by City (including any program
updates and additions) to make the Software perform as described in the user guides,
provided, however, that no user guide update shall be effective to delete or reduce a
functional specification without City’s consent.
D. Maintenance services shall be provided with sufficient promptness in an
effort to avoid down-time. Any modifications not made by Contractor, and the results
caused thereby to the Software shall be the sole responsibility of City.
E. For the term of this Software Maintenance Agreement, Contractor shall
provide City, on a timely basis, with updates necessary for the CMMS to continue to
accomplish its principal computing functions and with updates reflecting improvements
made to the Software by Contractor. If City notifies Contractor that it suspects an error
-31 -
rev. 1 O/27/00
; : ‘. ! 1 i :*, J
in the CMMS, Contractor shall, as part of such support, use its best efforts to confirm
the existence of the error and correct it.
F. Contractor shall provide City with such modifications to the Software as
City may reasonably require to maintain the compatibility of the Software with new
releases or updates of the MainStar Maintenance Management System. Said
modifications shall be provided as part of the Software Maintenance Agreement at no
additional cost.
G. City will have the option, at the end of the first year Warranty under this
Agreement, to extend such maintenance from year to year. Should City not exercise
the option to extend maintenance beyond the first year of maintenance under this
Agreement, City retains the right to purchase at cost from Contractor any future
releases and/or enhancements to the Software, including modifications to the Software
to maintain its compatibility with new releases of the operating system.
II CHARGES
The charges for City’s maintenance coverage shall .be based on a rate of 15%
($2,995.00) of the undiscounted price of the Software as set forth in “Exhibit D”. All
maintenance charges are subject to annual increases provided that such increases
cannot be accessed during the term of such extended coverage. Annual increases in
maintenance coverage are limited to the increase in the previous year’s CPI for Urban
Wage Earners (all items) - Western Region or 2%, which ever is less.
ill
//I
Ill
ill
-32 -
rev. 1 O/27/00
Executed by Contractor this ok day of fl@H&d ,20@.
CONTRACTOR: CITY OF CARLSBAD, a municipal corporation of the State of California
(print name
By: -
hL6%www . ._. . .Jtitl4)&
I I (sign here)/
ATTEST:
(Proper notarial acknowledgment of execution by Cont&tor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or
assistant treasurer must sign for corporations. Otherwise, the corporation must attach a
resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
APPROVED AS TO FORM:
rev. 1 O/27/00
-33 -
EXHIBIT D
The fees for the Software and services to be performed shall be as set forth below:
WARFJSOFTWARJXICENSES
MaintStar Maintenance Management System,
Version 8.4 for Fleet Maintenance Management.
(5 User License)
Asset Management Module
Automated Fuel Interface Module
Invoice/Billing Module
Electric Work Order (Palm Pilot)
Software for Electric Work Order (Palm Pilot)
Sub-Total:
NTATION
Data Conversion
The following data will be converted: . . List of vehicles . . List of parts . . List of vendors . . Cost centers . . Craftsmen . . Industry Standards
Customization
On-Site Implementation (3 days)
Expenses ($195/day)
Sub-Total:
G
Training (3 days)
Expenses ($195/day)
Sub-Total:
ICAL SUPPORT SERVICES
Yearly support - toll free calls and all quarterly upgrades
15% of software costs.
GRAND TOTAL FEE:
34
$ 9,995.oo
$ 7,500.oo
$ 3,500.oo
$, 3,500.oo
$ 2,500.OO
$ 2.250.00
$29,245.00
$ 3,500.oo
$ 4,500.oo
$ 2,995.oo
$ 585.00
$11,580.00
$ 2,995.OO
$ 585.00
$ 3,580.OO
$2.995.00
$47,400.00
:: *fta ~ 1 .P
EXHIBIT E
Automatic Labor Scheduling
Budget
Time Card
Electronic Work Order
Paging
Electronic Data Collector
On-line Query
E-mail Interface
Web Interface
Invoice4Billing Automated Fuel Interface
Aperature Interface (CAFM)
GIS Interface
Asset Management
Activities Based Planning
OPTIONAL MODULE FEES
SybaseSQL Microsofi
Anvwhere SOL Server
$ 1,500.00
$ 1,500.00
$ 1,500.00
$ 1,500.00
$ 1,500.00
$ 1,500.00
$ 1,500.00 $ 2,500.OO
$ 2,500.OO $ 2,500.OO $ 2,500.OO $ 3,500.OO $ 3,500.OO $ 3,500.OO $12,500.00
$ 2,500.OO $ 2,500.OO $ 2,500.OO
$ 2,500.OO $ 2,500.OO $ 2,500.OO $ 2,500.OO
$ 3,500.OO $ 3,500.oo $ 3,500.OO $ 3,500.OO $ 6,500.OO $ 6,500.OO $ 9,500.oo $22,500.00
Oracle
$ 6,500.OO $ 6,500.OO $ 6,500.OO $ 6,500.OO $ 6,500.OO $ 6,500.OO
$ 6,500.OO $ 6,500.OO $ 6,500.OO $ 6,500.OO $ 6,500.OO $12,500.00 $12,500.00 $16,500.00 $35,500,00
35