Loading...
HomeMy WebLinkAboutAgenda Report - June 3, 2015 C-08AGENDA ITEM C6,2 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Maintenance Connection, Inc., of Davis, for Asset Management Software ($60,384) MEETING DATE: PREPARED BY: June 3, 2015 Public Works Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Maintenance Connection, Inc., of Davis, for asset management software in the amount of $60,384. BACKGROUND INFORMATION: Public Works has been using an asset management software program developed by Cartegraph since 2009. The recurring annual fees of $11,124 for the program include subscription licensing renewal and geographic information system (GIS) connection. The Cartegraph software is only used by the Public Works utilities divisions. New technology and more affordable options are available. In addition, Electric Utility is similar to Public Works in its need to implement an asset management software program to schedule recurring preventive maintenance, to issue work orders, to manage inventory and to track costs. Goals and objectives were set prior to seeking proposals and receiving presentations from several different vendors. Those goals included: work order generation, tracking maintenance costs, increasing asset life, preventing and predicting asset failures, improving labor productivity, reducing downtimes, minimizing investments in inventory and lowering the total cost of maintenance. Also, the program needs to interface with the Tyler Munis finance software for inventory control and to support a variety of mobile application configurations, and GIS connectivity. Finding a software package that meets the needs of both utilities supports the concept of pooling resources, allows for consolidated training, and cost sharing will benefit the City and its customers. Implementing a single software package for both utilities will streamline efforts of the Information Services division. The Information Services division has considered the feasibility of software located in a cloud versus hosting the software on City servers. With City -hosting the software is owned by the City but a server upgrade costing $3,600 would be required before the software could be installed. Also, all software upgrades would have to be installed by City staff. APPROVED: , City Manager \\CVCFILV02\PubWks$\WP\COUNCIL\2015\CC2 Maintenance Connection.doc Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Maintenance Connection, Inc. of Davis for Asset Management Software ($60,384) June 3, 2015 Page 2 With cloud hosting, software upgrades are regularly and routinely installed by Maintenance Connection. There is no hardware to maintain and no data storage issues to deal with. Comparing the average cost over a ten year period, the City -hosting option will cost $14,736 per year and the cloud hosting option will cost $21,685 per year or $6,949 more than the City -hosting option. Staff recommends the cloud hosting option because it includes all staffing and hardware required to keep the asset management software operating at peak efficiency all the time and it does not rely upon existing staff for support. Both utilities considered several asset management software providers and the three asset management programs selected for quotes were Maintenance Connection, Emaint and Facility Dude. Staff considers Maintenance Connection Software to be the best value meeting the City needs based upon the following: 1. Includes an ARC GIS interface. 2. Includes a connection to Tyler Munis at no additional charge. 3. Includes a mobile operating system platform connection. 4. Technical support is locally located in Davis, CA. 5. Local users familiar to our utilities' staff provided favorable recommendations. The following three bids were received for the basic software package and Maintenance Connection was the low bidder. Maintenance Connection $50,918 Emaint $53,700 Facility Dude $60,750 Staff recommends approval of the Professional Services Agreement with Maintenance Connection Inc., of Davis, in the amount of $60,384. The higher contract value includes $9,465 in cost for annual licensing and hosting charges. FISCAL IMPACT: Annual licensing, software support, and cloud hosting costs will be $16,593 and will be split between Public Works and Electric Utility. FUNDING AVAILABLE: Pending budget approval, this project will be funded as follows: Water Administration Fund (56052001.72369) $15,096 Wastewater Administration Fund (53053001.72369) $15,096 Electric Utility Capital Fund (50061500.72450) $30,192 Jordan Ayers, Deputy City anager 4)av,l A,) *1e F. Wally STndelkn Elizabeth Kirkley Public Works Director Electric Utility Director FWS/EK/LR/jr Attachments cc: Electric Utility Director & Utilities Superintendent \\CVCFILV02\PubWks$\WP\COUNCIL\2015\CC2 Maintenance Connection. doc AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on 2015, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and MAINTENANCE CONNECTION, INC. (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for Asset Management Software for Public Works and Electric Utility (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on July 1, 2015 and terminates upon the completion of the Scope of Services or on December 31, 2016, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. H Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Todd Lewis To CONTRACTOR: Maintenance Connection, Inc. 1477 Drew Ave, Suite 103 Davis, CA 95616 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney By: CIK CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER City Manager MAINTENANCE CONNECTION, INC. By: Name: Title: Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: (Business Unit & Account No.) Doc ID:K:\WP\PROJECTS\PSA's\2015\MaintenanceConnection CA:Rev.01.2015 8 G MAINTENANCE CONNECTION Quote Maintenance Connection, Inc. 1477 Drew Ave Suite 103 Date 2015/05120 Davis, CA 95616 Expires 2015/07131 United States Quote # 6380 v15 T: 888-567-3434 F: 775-255-6324 Created By Dan Buljan Prepared for City of Lodi: Public Works Todd Lewis 1331 Ham Lane Lodi, California 95242 United States E: tlewis@lodi.gov Basic Onsite Type Item SKU Qty Price Total Licensing Maintenance Connection Concurrent User Licenses (Public MCEL 3 $2,999.00 $8,997.00 Works) Includes concurrent software licenses for all modules within MRO WorkCenter, Technician WorkCenter and access to Reporter application. Modules include asset tracking, PM scheduling, work order tracking, parts inventory management, configurable access groups, and much more. Discount Item Discount 1 20% ($1,799.40) Licensing Maintenance Connection Standard Concurrent User Licenses MCEL 2 $2,999.00 $5,998.00 (Utility) Includes concurrent software licenses for all modules within MRO WorkCenter, Technician WorkCenter and access to Reporter application. Modules include asset tracking, PM scheduling, work order tracking, parts inventory management, configurable access groups, and much more. Discount Item Discount 1 20% ($1,199.60) Licensing Service Requester (Unlimited Licenses) SRU 1 $4,999.00 $4,999.00 Allow end-users to submit maintenance requests electronically to the maintenance department for review. Service requesters can also check the status of these requests with a web browser. Discount Item Discount 1 100% ($4,999.00) Licensing Agent I Rules Manager (Windows Service) AGENT 1 $4,999.00 $4,999.00 The Agent / Rules Manager is used to manage a number of automated features in the system. When installed, it continuously checks for "actions" that need to be executed. Common outputs include automation for Notifications Emails/Text Defined in the Rules Manager, Scheduled Reports via Email/Saved Files, KPI Trending/Alarms, Work Order Rapid Entry, Database Job Scheduler, and Email to Work Order Manager. Discount Item Discount 1 100% ($4,999.00) Maintanarce Connecta -,, Inc - QuD: � .9380 lt MAINTENANCE CONNECTION Quote Type Item SKU Qty Price Total Licensing Optional - MC Express - Base Module (Mobile) MCEXP-B 1 $4,999.00 $4,999.00' Includes software licenses to allow users access to a robust yet simple mobile interface. This license can be accessed from most browsers on most modern devices that have access to the web or intranet. The licensing model is on a concurrent basis. The Base Module includes three (3) concurrent user licenses. Discount Item Discount 1 20% ($999.80), Licensing Optional - MC Express - Concurrent Licenses (Mobile) MCEXP-C 5 $999.00 $4,995.00 Concurrent Licenses for the MC Express application. The MC Express - Base Module is required to use MC Express. Discount Item Discount 1 20% ($999.00) Annual Baseline Annual Support Contract (18% of Licensing Fees) ASC 1 $8,277.30 $8,277.30* Support Support is renewable annually, and is an optional service contract provided by Maintenance Connection. The 'Baseline" support includes the following items: • Unlimited tech support and software version upgrades • Toll-free Phone, email and chat access to Solution Engineers • Support incidents managed through online ticket system • Online access to self-service MC User Connect community • Complete online documentation and tutorials Licensing Yearly Secure Datcenter Hosting - $118181 License Per Year HOST -M 5 $1,188.00 $5,940.00* Monthly hosting service Includes nightly database backups, 24-hour access to data online, and redundant RAID disk storage. Access to secure, private company database at www.maintenanceconnection.com. Monthly Miscellaneous Attachments Yearly Hosting Fee - Unlimited DOW 1 $1,188.00 $1,188.001* Hosting Fees Data Allows for upload of unlimited files to a online hosted instance of Maintenance Connection. File size is limited to 4 MB per file. Photos must use a .jpeg file extension. Common MS Office file extensions (.doc, .xIs, .ppt) and .pdf provide best results. Licensing MC Express Cloud Hybrid Yearly Hosting Fee MCX- 1 $1,188.00 $1,188.00t. CloudH-B Cloud based hosting for the MC Express Base Module and Concurrent Licenses. This fee is a flat monthly cost to host MC Express. Professional Comprehensive Setup Package (13 Days) CSU 13 $1,600.00 $20,800.00 Services These projects typically have complex requirements which include implementing core CMMS modules (e.g., Assets, PMs, WOs), Inventory management, and complementary modules (e.g., Departments, Accounts) for multiple groups/sites. Upon request, time may be allocated to project documentation, such as, in-person visit summaries and action items. Services are also commonly used for end-user training and hands on rollout assistance. In some cases, services may be utilized to scope and build modifications (customizations or system integrations) that were identified prior to purchase. Common outputs include intermediate project planning, core configuration, process design, go -live and managing results for the core and complementary modules. Services are primarily delivered through in-person visits (travel costs applicable) to include larger groups for discussion and training. Maintenance Connection Inc - Quote # 6380 " MAINTENANCE CONNECTION Quote Type Item SKU Qty Price Total Professional Additional Implementation Services - $1,600 / Day AIS 0 $0.00 $0.001 Services Additional implementation services can be added at any time based $1,188.00 $1,188.00* on the needs of the project. The daily rate will be $1,600 plus any $20,800.00 — applicable travel costs. ($14,995.80) Professional Implementation Services - Travel Expenses (Summary) IMP -SVCS- 0 $0.00 $0.00 Services Services delivered in-person will result in travel costs. MC follows TRVL standard business travel guidelines and will invoice actual costs incurred following a scheduled visit. Invoiced costs will not exceed $600 / day (in-person) and includes: flights, hotel, transportation, food / incidentals. Not -to -exceed amount requires trip confirmation 30 days in advance to be applicable. Licensing Optional - MC API - On -Premise (City of Lodi ITIIS builds MCAPI-OP 1 $2,999.00 $2,999.00 integration with Tyler) The Maintenance Connection Web API is a RESTful service with each resource accessible via a unique URI using HTTP verbs to specify actions. more information can be found at http://api.MaintenanceConnection.com Licensing Optional - MC API - On -Premise (MC partners with City of Lodi MCAPI-OP 0 $9,999.00 $0.00 to build integration with Tyler) The Maintenance Connection Web API is a RESTful service with each resource accessible via a unique URI using HTTP verbs to specify actions. more information can be found at http://api.MaintenanceConnection.com ` Recurring fees billed annually with 1 upfront payment(s). t Non-taxable item Please contact us if you have any questions. Subtotal $75,379.30 Discount ($14,995.80) Total Due $60,383.50 USD Cost Breakdown Type Up -front Fees Recurring Fees Licensing $45,114.00 $7,128.00* Annual Support $8,277.30 $8,277.30* Monthly Hosting Fees $1,188.00 $1,188.00* Professional Services $20,800.00 — Discount ($14,995.80) — Total $60,383.50 USD $16,593.30 USD* * Recurring fees billed annually with 1 upfront payment(s) Implementation Services Services may be delivered remotely or in-person, however, in-person training will result in additional travel costs which may include: airfare, accommodations, transportation, and a fixed per diem for meals/incidentals ($60/Day). MC follows standard business [travel guidelines](http://www.mcuserconnect.com/files/documents/IMP-MCTravelExpenseReimbursementPolicy.pdf) and will invoice incurred costs following an in-person visit. If you prefer to arrange travel on our behalf, please communicate this directly to your Implementation Consultant. Please note that in-person visits are not typically scheduled for a duration of less than two service days and confirmation of purchase is required before scheduling may take place. Finally, purchased services may be utilized for any topics that you request. Q MAINTENANCE CONNECTION' To proceed read the following and click below Quote 1) Professional Services may be used for project planning, data migration, core configuration, process design, go -live and managing results for the core and complementary modules. They may also be used for scoping, development, testing, and installation for a modification request. 2) Source code for Maintenance Connection will be provided upon purchase. Upon each new release, if Customer is under support contract, source code for new releases will be provided as well. 3) Payment terms will be NET 30. Invoice will reflect software licensing + implementation services and first year annual support fees. Hosting fees (if applicable) will begin being billed the month after the database is available online. [![Click to order](hftp://maintenanceconnection.com/mcvl8/online/mc_order_now.gif "ORDER NOW")](hftp://www2.maintenanceconnection.com/l/6552/2011-05-23/1094H "Order Now") Maintenance Connection, Inc - Quote # 6380 Exhibit C f Insurance Reauirements for Consultant The Consultant shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Consultant and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Consultant's operations under this Agreement, whether such operations be by Consultant, or by any subcontractor, or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Each Occurrence Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version of this form, or an equivalent form providing equivalent liability coverage. All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Consultant; whichever is greater. Consultant agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or equivalent form) such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as additional named insureds. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Consultant's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 0413. NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. Insurance Requirements for Consultant (continued) Page 1 i of 2 pages I Risk: rev.03.2014 (c) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Consultant shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. (d) Completed Operations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. (e) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (f) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. (g) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Consultant shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Consultant shall provide proof of continuing insurance on at least an annual basis during the Term. If Consultant's insurance lapses or is discontinued for any reason, Consultant shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Consultant fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Consultant shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Consultant of such payment of premiums within thirty (30) days of payment stating the amount paid, the names) of the insurer(s), and rate of interest. Consultant shall pay such reimbursement and interest on the first (1s) day of the month following the City's notice. Notwithstanding and other provision of this Agreement, if Consultant fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Consultant shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (i) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Consultant shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Consultant's employees employed at the site of the project and, if any work is sublet, Consultant shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Consultant. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Consultant shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 2 1 of 2 pages I Risk: rev.03.2014 RESOLUTION NO. 2015-67 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT WITH MAINTENANCE CONNECTION, INC., OF DAVIS, FOR ASSET MANAGEMENT SOFTWARE WHEREAS, the Public Works Department has been using an asset management software program purchased from Cartegraph in 2009; and WHEREAS, the system is in need of an upgrade, and there is new technology with more affordable options available; and WHEREAS, Lodi Electric Utility also has a need to acquire an asset management software progam; and WHEREAS, staff set goals and objectives for the new program and took into consideration the compatibility of the new software with the new Tyler Munis finance software; and WHEREAS, staff recommends purchasing asset management software from Maintenance Connection, Inc., of Davis, in an amount not to exceed $60,384. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute the Professional Services Agreement with Maintenance Connection, Inc., of Davis, California, to purchase asset management software in an amount not to exceed $60,384. Dated: June 3, 2015 I hereby certify that Resolution No. 2015-67 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 3, 2015, by the following vote: AYES: COUNCIL MEMBERS — Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Chandler ABSTAIN: COUNCIL MEMBERS — None NIFER FERRAIOLO City Clerk 2015-67