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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