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HomeMy WebLinkAbout19-97 Resolution No. 19-97 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAAS MAINT, LLC D/B/A ASSETOPTICS FOR MAINTENANCE MANAGEMENT SYSTEM SOFTWARE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with SaaS Maint, LLC, d/b/a AssetOptics for maintenance management system software, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 26, 2019 Adopted: June 26, 2019 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 26th day of June, 2019, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and SaaS Maint, LLC, a Georgia limited liability company d/b/a AssetOptics, (hereinafter referred to as "AssetOptics" or "Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase, and AssetOptics shall sell the goods and/or services described by Attachment A, attached hereto and made a part hereof. 2. TERMS. This agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, attached hereto and made a part hereof. 3. CONFLICT. In the event of any conflict, between any of the terms and provisions of this purchase agreement and Attachment A hereto. the terms and provisions of this purchase agreement shall control; provided however that any additional insurance requirements provided for in Attachment A which exceed these provided for in the body of this agreement shall apply. 4. LAW/VENUE. This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. AssetOptics hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and AssetOptics agrees that service by first class U.S. mail to Mike Edwards, 885 Woodstock Rd, Box 430-117, Roswell, GA, 30075 shall constitute effective service. Both parties hereto waive any rights to a jury. 5. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 6. MERGER. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 7. INTEREST. AssetOptics hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seg.), as amended. The provisions of this paragra shall survive any expiration, completion and/or termination of this agreement. 8. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or the provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 9. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, AssetOptics shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, AssetOptics hereby certifies, represents and warrants to the City that all of AssetOptics' employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. AssetOptics shall also, at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of AssetOptics to determine AssetOptics' compliance with the provisions of this section. In the event the City proceeds with such an audit, AssetOptics shall make available to the City AssetOptics' relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 10. PAYMENT. City shall pay a total sum not to exceed $85,625, payable on a pro rata basis in installments within thirty (30)days of delivery or city's receipt of invoices. 11. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 13. INDEMNIFICATION. To the fullest extent permitted by law, AssetOptics agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of AssetOptics or AssetOptics' officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 15. TERM. This agreement shall terminate December 31, 2020; provided, however that either party hereto may terminate this agreement at any time for any reason upon thirty(30) days written notice to the other party, without penalty, as provided for herein. In the event of such early termination by City, the City shall pay only for services actually performed on a pro rata basis. 2 16. APPROPRIATION OF FUNDS. The fiscal year of the CITY is the 12 month period ending December 31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract. If, for any fiscal year during the term of this agreement, sufficient funds for the discharge of the City's obligations pursuant to this agreement are not appropriated and authorized, then this agreement shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the City for damages, penalties or other charges on account of such termination. 16. EXECUTION. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e- mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e- mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. The person signing this agreement certifies that s/he has been authorized by the Seller to commit the Seller contractual and has been authorized to execute this agreement on its behalf. IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written. SAAS MAINT, LLC, CITY OF ELGIN N k0.11, c,i S ( 6 / Ao/ / Print Name Ric and G. Kozal. City I anage Ti Signature AT E T -N4 Pte. Az-e,(L-O Title City Clerk F.'\Legal Dept\Agreement\Purchase.Agreement-Saas N1amt-AssetOptics-6-11-19,duo. 3 ATTACHMENT A AssetSpt ics AssetOptics Proposal for City of Elgin Water Department E LG I N THE CITY IN THE SUBURBS" Submitted by: Mike Edwards, Principal mike.edwards@assetoptics.com 10/19/18 AssetOptics CMMS/EAM Implementation for the Water Department The scope of this engagement is to deploy AssetOptics; Facilities, Equipment and Fleet Maintenance for the Water Department. An onsite solution overview and discovery session was performed with Eric Weiss and Nora Bertram on Oct 4th&5th, 2018. The implementation scope and deployment strategy that follows is a result of that discovery. The primary functional scope of the implementation includes asset management, preventive maintenance scheduling, work order management for the water purification plants and the related water distribution assets. As a secondary priority, MRO inventory management and automated inventory replenishment procurement is included in a later sprint. Lastly, an allocated level of effort is included to perform configuration optimization for the water distribution and water collection departments. The implementation is structured in several sprints. The goal of each sprint is defined such that the Water Department will be able to accept and implement incremental functionality at its conclusion. It is possible to add delay time between sprints if needed. However, once we kickoff a sprint, we should plan to fully complete it in two to three weeks (there is a limited number of billable hours allocated to each sprint and thus we cannot allow the timeline to extend). A summary description of each sprint and the estimated billable hours follows: Sprint 1—(56 hrs.) Replace the existing Equipment Malfunction paper report with an AssetOptics Work Order. The goal of this sprint is to replace the paper equipment malfunction document with an AssetOptics Work Order. The operators are currently filling out a paper equipment malfunction report. This document serves the purpose of a work request for the maintenance department and as a record of operator performed maintenance. All of the operators already use Chatter,as do the maintenance technicians. Much of the communication for the follow up work is being performed thru Chatter and thus user adoption should be very easy. The users will need to be assigned to platform licenses(already in the org)and a new user profile will be created for each of the user groups. Updates to the sharing rules will have to be configured. A prototype of the Equipment Malfunction work order has been created in the AODev1 sandbox. Figure 1—Create Equipment Malfunction Quick Action Entry Figure 2—Equipment Malfunction Work Order CIWOcza� I Sprint 2—(40 hrs.)Setup initial asset hierarchy. The goal of this sprint to is develop and implement an asset hierarchy of sufficient content and structure so as to support the recording of equipment malfunction work orders,corrective work orders and preventive maintenance scheduling. Using the general process schematic and other available documentation,along with tribal knowledge,an initial asset hierarchy will be defined. We will do this collaboratively and most likely via 2-3 Go To Meeting sessions. We will also create a list of either Equipment Types or Asset Class/Subclass metadata definitions. These definitions can be drawn from either APWA resources, ESRI attributes,other industry resources or Elgin defined codes. While AssetOptics will do the research with APWA to identify standards,the decision of what data elements to use falls upon Elgin. We will then schedule an onsite inventory audit(estimate 3-4 days)to walk down the water plants with an Elgin team member to further identify and input assets into the hierarchy. Capturing and inputting equipment nameplate data is not within the scope of this exercise. However, we will create a Quick Actions so that operators or technicians can update nameplate data easily from their mobile devices. We will also create reports/views making it easy to measure your overall progress on recording this nameplate data; i.e.total assets where nameplate data is blanks,%of assets with nameplate data, etc. This approach will provide you with a cost-effective means of capturing asset nameplate data. Upon completion of this sprint,the Elgin water department CMMS lead (Nora)will be adequately trained and experienced with creating and updating asset data so as to maintain and enhance for future needs. Sprint 3—(60 hrs.) Implement Corrective Work Orders and incorporate Equipment Malfunction Work Orders into a common work order backlog. The goal of this sprint is to get all maintenance work incorporated into a single work order backlog so as to provide a complete recording of work being performed. We will configure a Work Request approval process, update the Equipment Malfunction process so as to account for the newly entered asset hierarchy,and build the necessary reports/dashboards to manage the entirety of the work order process; i.e.open,scheduled, completed work orders, etc. We will also add a Preventive Maintenance work order type so that any PM work can be recorded in the absence of having the PM Scheduling system automatically generate the Work Orders. One of the likely outcomes is that the work orders will be owned by queues so as to support the current approach of self-assignment from the work order backlog. All of the work management functions are expected to be executed from a mobile device (iPhone or iPad). AssetOptics will configure the mobile navigation and quick actions accordingly. Sprint 4—(60 hrs.) Preventive Maintenance Scheduling There are multiple goals for this sprint.The first is to define and update the criticality of all assets defined in the hierarchy so as to prioritize the development of preventive maintenance schedules. The second goal is to train the CMMS lead (Nora)on setting up PM Schedules; Standard Work Tasks, Model Work Orders, PM Schedules, PM Group Schedules,etc. The third goal is to setup the necessary reports/dashboards/views/queues/workflows etc.to support PM work order process. The last goal is to setup a sufficient quantity of PM Schedules so that Elgin will be self-sufficient with the future creation of PMs. Sprint 5—(60 hrs.) Optimize configuration for Water Distribution Team. This sprint is an allocated block of time to perform discovery,develop and execute a plan to improve the adoption of AssetOptics for the existing users in the Water Distribution Team. Sprint 6—(60 hrs.)Optimize configuration for Water Collection Team. This sprint is an allocated block of time to perform discovery, develop and execute a plan to Ei,)improve the adoption of AssetOptics for the existing users in the Water Collection Team. Sprint 7—(40 hrs.) Implement MRO Inventory Management for Water Department. The goal of this sprint is to perform setup,training and data conversion assistance to implement repair parts and supplies inventory management for the Water Department. This will entail defining Storerooms,establishing inventory issue and receipt processes,and optionally creating a Purchase Request approval process to support the automatic replenishment of parts NOT already managed by vendors. Sprint Summary Sprint# Description Est.Hrs. Sprint 1 Replace the existing Equipment Malfunction paper report with an 56 AssetOptics Work Order Sprint 2 Setup initial asset hierarchy 40 Sprint 3 Implement Corrective Work Orders and incorporate Equipment 60 Malfunction Work Orders into a common work order backlog Sprint 4 Preventive Maintenance Scheduling 60 Sprint 5 Optimize configuration for Water Distribution Team 60 Sprint 6 Optimize configuration for Water Collection Team 60 Sprint 7 Implement MRO Inventory Management for Water Department 40 Total Estimated Hours 376 Investment Summary Hours Rate Ext Amt AssetOptics Consulting Fees 376 $187.50 $70,500 Contingency Hours(10%) 38 $187.50 $7,125 Estimated Travel (4 ea onsite visits) $8,000 Total AssetOptics Fees $85,625 Any material changes to project scope will be reflected in an appropriate change order. This proposal is valid thru Nov 30, 2018. Sprint Task Details Billable Task Name Hours Est. Sprint 1 Equipment Malfunction Work Order Configuration 24 New Recordtype/Custom Fields/Page Layouts Global Action/Object Specific Actions Create Queues/List Views/etc. Workflow Notifications Reports/Dashboard to manage work process Security Configuration 16 Create New User Profiles/Permission Sets Update Role Hierarchy/Create New Sharing Rules Update User Records Deployment 8 UAT in Sandbox Sandbox/Prod Changesets Post Production Deployment Setup Go-Live Support 8 Create End User Training Content Train End Users Sprint 2 40 Create 2-3 Level Asset Hierarchy based on General Process Schematic Define Asset Meta-Data (Types or Class/SubClass) Create 3-4 Level Asset Hierarchy Details based on performing physical inventory audit Sprint 3 60 Configuration Work Requests/Approval Processes Global Action/Object Specific Actions Create Queues/List Views/etc. Workflow Notifications Reports/Dashboard to manage work process Deployment UAT in Sandbox Sandbox/Prod Changesets Post Production Deployment Setup Go-Live Support Create End User Training Content Train End Users Sprint 4 60 Configuration Define Asset Criticality Code Meta-Data Assign Criticality Codes to all Asset Tags Identify initial scope of assets to setup PMs based on criticality code Define PM Work Order work management process Create Queues/List Views/etc. Workflow Notifications Reports/Dashboard to manage work process Deployment UAT in Sandbox Sandbox/Prod Changesets Post Production Deployment Setup Go-Live Support Create End User Training Content Train End Users Production Data Setup Research&Write Std Work Tasks/Model Work Orders/PM Schedules Sprint 5 60 Sprint 6 60 Sprint 7 40