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HomeMy WebLinkAbout11/7/2001 - STAFF REPORTS (6) Tj DATE: November 7, 2001 TO: City Council /- FROM: Director, Department of Facilities and Director, Department of Procurement & Contracting APPROVE PURCHASE OF NETWORKED FLEET MANAGEMENT SOFTWARE RECOMMENDATION: It is recommended thatthe City Council approve the purchase of software,training and ongoing support services from CCG Systems Incorporated for the provision and implementation of fleet management software in the amount of $86,498.13, the purchase of required hardware from Dell Computer Corporation in the amount of $12,642.71 for a total project cost of$99,140.84, and authorize the City Manager to execute an agreement for software in a form acceptable to the City Attorney. Pricing for the Dell equipment is per participation in the State of California Multiple Award Schedule (CMAS). SUMMARY: This item is a recommendation to approve purchase of software, training, ongoing support services, and hardware for fleet management. Evaluation of the current system, which has been in operation since 1987, suggests that the four key functions of a database tool (data capture, data storage, data retrieval, and data analysis) each contain shortcomings that inhibit effective management of the division. These shortcomings include unacceptable financial accounting and reporting capabilities. The current system is DOS based and resides on the mainframe. With the recommended package, user departments will have real-time access through the city's network to work-order information that includes all financial data. This access and oversight will place immediate and constant accountability on the fleet operation to function efficiently and thereby drive down operating costs. If this item is not approved, staff will continue to operate under the limitations of the old system whereby adequate financial and management information will not be available to aid in the development and implementation of desired program improvements. BACKGROUND: The Fleet Operations Division is responsible for the administration of critical and complex organizational assets including police vehicles and fire fighting equipment. Those assets are currently valued at approximately $12,000,000.00. A valid and reliable information system is important to this function since both the service provider (Fleet Operations) and the end users (City Departments) incur costs independent of each other. The best administrative tool for driving down operational costs is effective accounting of the costs incurred. Meticulous record keeping and accounting are required to effectively manage such a diverse and complex group of assets. The cornerstone of effective management for this operation is its database information system. After identifying the business and financial criteria needed to effectuate the desired improvements,a Request for Proposal was developed and distributed. The estimated project budget was established at$100,000. A committee was formed to represent all H:\USERS\W PPUBLIC\01 Rfp\RFP0801 StaffReport-CCGSystems.wpd October 26,2001 (4:28pm) 3 /� of the major stakeholders for input and participation in the evaluation process. The committee included members from police, fire, finance, information services, procurement, and fleet operations. Twenty-six Requests for Proposal were distributed and six completed responses were received. Those six respondents were as follows: Bender Engineering, Richer Systems Group Inc., CCG Systems, Maximus, World Information Systems, Inc. and Peregrine Systems. The evaluation committee reviewed the submittals and narrowed the field to three vendors: CCG Systems, Maximus and Peregrine Systems. The three final vendors were invited to present detailed product demonstrations to the full committee. After viewing the presentations, the committee voted unanimously to select CCG Systems Incorporated as the most appropriate for our needs. Somewhat uncharacteristically, the most desired vendor was also the lowest cost submitted. The project was divided into twelve categorical milestones for evaluation and cost analysis. The total cost for completion of the project submitted by CCG Systems Incorporated is $86,498.13. The number two selection, Peregrine Systems, came in at $178,651, a difference of$92,152.87. Additional costs as determined by the Information Services Department for necessary hardware amount to$12,642.71 (see attached). The City's Director of Procurement& Contracting, pursuant to the requirements of Municipal Code Section 3.12.270.6,finds that utilization of the CMAS contract for the cooperative purchase of the Dell equipment is adequate to protect the public interest, and the total cost is likely to be less through the proposed purchase than could be obtained through an independent competitive process conducted by the City. Maintenance and support costs would be appropriated annually through the budget process as follows: 1"year, $0; 2n1 year, $7,800; 3re year, $7,800; 41h year, $8,900; 51h year, $8,900 and 61h year, $8,900. The agreement will lock in the maintenance costs to cover the six year horizon. Funds were accumulated overtwo years in the budget process forthis expenditure and are available in the Specialized Equipment Account#510-5475-50015. cott Mikesell, Director Harold E. Good, CPPO, Director Department of Parks, Recreation Department of Procurement & & Facilities Contracting APPROVE3 �`f�' City Manager Attachment: 1. Minute Orders (2) 2. Hardware Cost Detail (1) 3. Contract Services Agreement (1) REVIEWED BY DEPT.OF FINANCE H:\USERMPPUBLIC\01 Rfp\RFP0801StaffReport-CCG3ystems.wpd 1 �� October 26,2001 (4:30pm) i FLEET MANAGEMENT HARDWARE Dell Server $ 6,740.28 MS SOL Server 2000 W/15 Licenses $ 418.07 System Admin Workstations 2 @ 1,866.20 $ 3,732.40 Belkin Omniview 8 Port Pro $ 369.96 Backup Agent $ 500.00 SUBTOTAL $11,760.71 Tax $ 882.00 GRAND TOTAL $12,642.71 H:\USERS\WPPUBLIC\OlRfp\RFPO8OlStaffReport-CCGSystems.wpd October 26,2001 (4:28pm) � � 3 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of , 2001, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and CCG Systems, Inc., (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses Permits Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions 1 H:\USERS\WPPU BLIC\01 Rfp\CCGSystemsWordAgreementVersion2.doc.rtf 3A4 there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Eighty Six Thousand Four Hundred Ninety Eight and 13/100 dollars, ($86,498.13) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but 2 H:\USERS\W PPUBLIC\01 Rfp\CCGSystemsWordAgreementVersion2.doc.rtf 3ASOO not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1st) working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 3 H:\USERS\WPPUBL1C\01 Rfp\CCGSystemsWordAgreementVersion2.doc,rtf 36 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Nina McCoy President It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in 4 HAUSERS\W PPUBLIC\01 Rfp\CCGSystemsWordAgreementVersion2.doc.rtf 30 determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are 5 HAUSERS\WPPUBLIC\01 Rfp\CCGSystemsWordAgreemen(Version2.doc.rtf 3AT canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 6 HAUSERS\WPPUBLIC\01 Rfp\CCGSystemsWordAgreementVersion2.doc.rtf 30 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or designee of the City ("City Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and 7 HAUSERS\W PPUBLIC\01 Rfp\CCGSystemsW ordAgreementVersion2.doc.rtf 3141 D Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right 8 HAUSERS\W PPUBLIC\01 Rfp\CCGSystemsWordAgreementVersion2.doc.rtr 3A11 to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of NONE ($ ) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non- terminating party with the opportunity to cure pursuant to Section 7.2. 9 HAUSERMPPUBLIM01 Rfp\CCGSystemsWordAgreementVersion2.doc.rtf 3r4 i Z 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of Citv Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM 10 H:\USERS\WPPU BLIC\01 Rfp\CCGSystemsWordAgreementVersion2.doo.rtf 3 413 SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (1) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. 11 HAUSERS\WPPUBLIC\01 Rfp\CCGSystemsWordAgreementVersion2.doc.rtf 301Y —_0CT-30-01 WED 2:34 PM P, 2 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS, a municipal corporation ATTEST: By: City Manager By: City Clerk (Check one: Individual _Partnership X Corporation) APPROVED AS TO FORM: CONTRACTOR: CCO Systems, Inc. By: - . By: 6 City Attorney slgnature afar Nlna R. McCo sident Print Name &T tle Corporations require two notarized By: Q signatures: One from each of the /\ Q-cr— ' e� following: A. Chairman of Board, Signature (Notarized) President, or any Vice President: AND B. Secretary, Assistant Secretary, Jeannine Youngs. CFO Treasurer, Assistant Treasurer, or Chief Print Name &Title Financial Officer). Mailing Address: 612 Colonial Avenue Norfolk, Virginia 2350Z n\TEMP\CCOSyatamaSipneturaPago.doc Ort i s- EXHIBIT "A" SCOPE OF SERVICES The scope of work is to provide all services, software and equipment necessary to install and make operational FASTER Fleet Management Software for the City of Palm Springs Fleet Operations Division. The FASTER products to be provided include 1 Server and 10 Client licenses. Bar code reading equipment will be provided to work in conjunction with the FASTER software. Service, software and bar code hardware shall be provided in accordance with a phased implementation plan as follows: PHASE 1 - PROJECT MANAGEMENT/ PRE-INSTALLATION Phase 1 includes many tasks in preparation of the installation and is vital to a smooth transition to a new system. While the list has been numbered, many of these tasks take place simultaneously. During this phase, conference calls and implementation meetings assist in the communication vital to the transition. 1. Notice to proceed 2. Installation Manual with pre-installation diskettes and one (1) documentation CD mailed and project management begins. • Process examination and definition resulting in a work process flow chart • Coding definitions • Outlined timeline • Resource allocation • Definition of informational needs —end results reflected in codes development. • Begin definition of conversion of data'(please see complete details in the section marked data conversion) • On going 800 number support for definition and clarification • Scheduled Conference Calls with project coordinator 3. Pre-installation visit on site. • Review of the Pre-installation diskette and startup manuals • System functions as relates to processes • Further definition of codes required • Final clarification of data conversion field definition and logical conversions • Evaluation of floor plan and layout • Review of hardware and network • Review of fuel system download procedures • Present tasks list to site personnel of things to do to be ready 4. Finalize definition and writing for the Fuel Interface • Sample transaction file to CCG 13 3 �4 � � • File layout and field definitions to CCG • Interface written - (the fuel interface is not completed and installed until after the system has been fully tested for complete table file set up and codes definition.) 5. Finalize definition of the data conversions • Existing data files to CCG using Excel Spread Sheet format supplied by CCG Systems or • ASCII Delimited files of old data to be converted • Sample files for testing to CCG Systems • File layout and field definitions to CCG • Conversions written and tested at CCG Systems. PHASE 2 - INSTALLATION OF THE SOFTWARE City will provide a Windows NT12000 Network administrator and Database administrator for availability during the installation. It is not necessary that they be present continuously. • Technical services on site 4 days with one CCG Systems Technical Staff. • Installation of the FASTER Server Software onto the Window 2000 Server • CCG Technical Personnel review database and set up with the database administrator • Manipulation of the database for table file manipulation, codes and table creation • Check and Review ODBC Drivers • Set up Database maintenance schedule utilizing database utilities to compliment the IT database schedule • Basic System Administrative Review and instruction —which includes installation of the client, password set up and permissions, review of the systems, equipment, and parts inventory applet. (Formal training to take place with the trainer— see Phase 3) • On site testing of the application • Data conversions run by CCG and tested by City personnel • On going Project Management and support through 800 line PHASE 3 —TRAINING AND PRACTICE This phase includes a Train the Trainer Session. Tasks listed below are included in this important phase. • This initial session of formal training will provide instruction on the system usage and techniques for training to a select group (4 people) of on site personnel who have been identified as FASTER on-site trainers. CCG Systems will conduct the training session on site for the appointed group and practice will take place once CCG has left the site. It is important that there are personnel on site that know a lot about everything in FASTER. • Continued testing of the application • Practice by City of Palm Springs personnel — guidance provided by CCG Systems support team 800 number • Review of site for next phase — Project Manager off site consultation • Special customizations finalized and writing to begin. Accounting Interfaces —special reports PHASE 4 - USER TRAINING AND FOLLOW up TRAINING— PREPARING FOR GO LIVE 14 3,417 User training targeted at developing a confidence level in users for the established GO Live date. Clarification and final implementation and testing of customization occur during phase 4. • On site User Training • On site follow up training specific to the needs of the operation • Installation and testing of customization • Site preparation for going live— Project manager off site consultation PHASE 5 -SYSTEM REVIEW • System Review for site readiness for going live • System Review for system acceptance PHASE 6— SITE GOES LIVE The timing and schedule for a site going live is dependent upon the site personnel, processes, and requirements. This date and time will be discussed throughout the process. The project manager and project coordinator will provide feedback on readiness as noted above and during the system review a go live plan of action will be prepared by the CCG Systems project manager and the City's project management staff. System Testing (begins in Phase 2— Installation and ends in Phase 5 —System Review) A FASTER implementation involves many levels of testing. The network stability is vital to a smooth transition and will be the responsibility of the City. The selected standard ODBC database should be optimized by the Database Administrator and will be part of the testing for the application. The FASTER application initial testing will be during the installation by a CCG Systems, Inc. technician jointly with the City of Palm Springs' Network Administrator and Database Administrator. The network level of testing and database level of testing will be emphasized during this time frame. Upon departure of the CCG Systems technician, testing will continue as the City of Palm Springs personnel make adjustments to the coding structure, establish site specific codes, and begin reviewing the information from the converted data to make corrections and additions as needed to fulfill the application requirements. During the initial training session, indirect application testing will take place as City personnel use the system for practice and learning. The testing of the application will continue as site personnel participate in self-guided practice on the application. Testing for the modules and customization will take place during the second session in conjunction with the specialized training. During the complete testing phase, dial-in technical services and diagnostics will be utilized to provide troubleshooting and corrections to the application or to the coding and table structure. Errors or difficulties identified as initiating from the Network or Database, will be presented to system administrator for delegation to the appropriate City of Palm Springs personnel. CCG Systems, Inc. will assist in this clarification and definition. 15 3 A4/S System Acceptance The FASTER request for system acceptance will be presented to the City of Palm Springs after a review of the system's performance. The review will include a checklist of the features and functionality of the FASTER system, interfaces, and customizations. From the review, the City will sign off on the listed features and functions accepted and present CCG with a list of any outstanding concerns or challenges required for full acceptance. The CCG project manager will review any outstanding issues or challenges and prepare a plan of action and a second acceptance document. Upon final acceptance of the outstanding issues, the City of Palm Springs will formally accept the FASTER System and provide final payment to CCG Systems, Inc. Proprietary Rights of CCG Systems Inc. in the Software A. Nature of these Rights and Title The City of Palm Springs recognizes that the computer programs, system documentation manuals, and other materials supplied by CCG to the City are subject to the proprietary rights of CCG. The City agrees with CCG that the programs, documentation, and all information or data supplied by CCG, in machine-readable form are trade secrets of CCG, are protected by civil and criminal law, and by the laws of copyright, are very valuable to CCG, and that their use and disclosure must be controlled. The City further understands that operator manuals, training aids, and other written materials are subject to the copyright act of the United States. Title: CCG retains title to the programs, documentation, information or data furnished by CCG in machine-readable form, and training materials. CCG does not retain title to operator manuals and other materials bearing the CCG copyright notice, but these items shall not be copied except as herein provided. The City shall keep each and every item to which CCG retains title free and clear of all claims, liens and encumbrances except those of CCG; and any act of Customer, voluntary or involuntary, purporting to create a claim, lien, or encumbrance on such an item shall be void. B. Restrictions On City Use The computer programs and other items supplied by CCG hereunder are for the sole use of the City at their location, supporting only workstations operated by the City. 1. Competitive Uses: The City agrees that while this license is in effect or while it has custody or possession of any property of CCG, it will not directly or indirectly lease, license, sell, offer, negotiate, or contract to provide any software similar to that supplied under this license for any third party, but this clause shall not be construed to prohibit the City from acquiring, for its own use, software from third parties. 2. Copies: The City understands that it is able to make regular backups of all programs and data. The City agrees that while this license is in effect, or while it has custody or possession of any property of CCG, it will not: 16 31411 a. Copy of duplicate, or permit anyone else to copy or duplicate, any physical or magnetic version of the programs, documentation, or information furnished by CCG in machine-readable form. b. Create or attempt to create, or permit others to create or attempt to create, by reverse engineering or object program or otherwise, the source programs, or any part thereof, from the object programs or from other information made available under this license otherwise, (whether oral, written, tangible or intangible). The City may copy for its own use, and at its own expense, operator manuals, training materials, and other terminal copies made for their distribution. 3. Use Restrictions: The computer programs licensed hereunder shall be used only on the networked PCs and their associated peripheral units at the same site. The City shall advise CCG in advance of the manufacturer and the serial number of the PCs and their site location. 4. Inspection: To assist CCG in the protection of its proprietary rights, the City shall permit representatives of CCG to inspect, at all reasonable times, any location at which items supplied are being used or kept. C. Transfer Of License Rights The City's rights to use the programs, documentation, manuals, and other materials supplied by CCG under this agreement shall not be assigned, licensed, or transferred to a successor, affiliate or any other person, firm, corporation, or organization voluntarily, by operation of law, or in any other manner without the prior written consent of CCG. D. Remedies If the City attempts to use, copy, license, or convey the items supplied by CCG hereunder, in a manner contrary to the terms of the agreement or in competition with CCG or in derogation of CCG's proprietary rights, whether these rights are explicitly herein stated, determined by law, or otherwise. CCG shall have, in addition to other remedies available to it, the right to seek injunctive relief enjoining such action. E. Binding Effect The City agrees that this agreement binds the City of Palm Springs, and each of its employees, agents, representatives, and persons associated with it. This agreement further binds each affiliated organization and any person, firm, corporation, or other organization with which the City may enter a joint venture or other cooperative enterprise. The term employee means individual on whose behalf the City withholds income taxes or makes contributions under the federal insurance contributions act or similar statutes in other nations. 17 3Ac2v Software Warranty For one(1) year following installation, CCG will design, code, check out, document, and deliver promptly any amendments or alterations to the software that may be required to correct errors present at the time of acceptance. This warranty is contingent upon the City advising CCG in writing of such errors within one (1) year from installation as defined here. Maintenance and Support If the City elects to continue software maintenance and support coverage after the initial 1-year warranty, the following services will be included in the maintenance and support plan: • 24-hour operational support with 3-hour response; • An annual site visit to the installation site, Fleet Operations, 425 N Civic, Palm Springs; • Monthly newsletter; • Regional training workshops coinciding with latest software releases; • All software enhancements to the FASTER system; • Web access to benchmarking database, tech support, information and knowledge base. 18 -bA :z ( EXHIBIT "B" SPECIAL REQUIREMENTS The requirement for a performance bond (Section 5.3) is hereby waived. 19 3 �zz EXHIBIT "C" SCHEDULE OF COMPENSATION Total compensation for the project is not to exceed $86,498.13. Partial payments will be made after the completion of the following milestones: Start of Project/Receipt of Purchase Order - Notice to Proceed 30% $26,684.07 Installation of Software 30% $26,684.06 Completion of Initial Training 20% $16,565.00 Acceptance of System 20% $16,565.00 One year of post-acceptance system maintenance and support is included in the total project cost. In subsequent years, at the City's election, maintenance and support shall be provided at the following rates: 1st year- $7,800 2nd year - $7,800 3`d year- $8,900 4`h year- $8,900 5`h year- $8,900 20 EXHIBIT "D" SCHEDULE OF PERFORMANCE Implementation of the FASTER software will be completed in accordance with the following 17- week timeline(identified in weeks from receipt of Notice to Proceed): WEEK NUMBERS 1 - 8 CCG On-Going 800 Support Phase 1—Project Management/Pre-installation Both On-Site Installation Planning Both Evaluation of site processes Both Pre-installation support(on-site)Project Kick Off Both Review file conversion&customization requirements Hardware/Network Both Finalize hardware configuration&network requirements Site Install Hardware, establish network, install database Site Network stable for a minimum of 2 weeks _ Both Establish and test remote diagnostics set up for CCG Systems. File Conversions Both Finalize conversion requirements(mutual sign- off) Site File layouts&records to CCG CCG File conversions completed and tested at CCG Fuel System Interface Both Finalize fuel interface requirements (defined) Site Fuel system file layouts and sample transactions to CCG CCG Fuel interface completed&tested at CCG after installation WEEKS 1 2 3 4 5 77 8 21 3� � 4 WEEK NUMBERS 9 — 17 CCG On-Going 800 Support Phase 2—Installation Both FASTER Software Installation—Initial. Determine and schedule other sessions as necessary. CCG FASTER, file conversions, installed and tested at site Both Verification that FASTER, the hardware, the network, the communication all work together (mutual sign-off) Site Evaluate system coding, set up and definition of the system Data conversion accuracy is reviewed Both System Functionality is reviewed and outstanding issues are identified for acceptance procedure Bath Basic on-site Instruction of FASTER system administrator Phase 3-First Training Session 1 -Train the Trainer Both Schedule and Outline the training session Both Finalized interface and customization requirements. Specifications accepted and format approved. Progranurting begins. Both On site Train the Trainer Session 1 Phase 4-User Training and Secondary Set up Both On-Site hands-on training of fleet personnel Both Final review of tasks for going live Phase 5-Testing System Review/System Acceptance CCG Delivery of customized interfaces on site to be tested and included in System Acceptance procedure Site System Acceptance document prepared with outstanding issues and challenges identified Phase 6-Site goes live Site Final Data Files are sent to CCG for final conversion for go live. Both CCG Systems on site to train and assist sites in going live. Session WEEKS 9 10 11 12 13 14 15 16 17 22 �A oZS� MINUTE ORDER NO. APPROVE PURCHASE OF SOFTWARE, TRAINING AND ONGOING SUPPORT SERVICES FROM CCG SYSTEMS, INC. FOR FLEET MANAGEMENT IN THE AMOUNT OF $86,498.13. I HEREBY CERTIFY that this Minute Order approving purchase of software, training and ongoing support services from CCG Systems, Inc. for fleet management in the amount of$86,498.13 was adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 7`h of November, 2001. PATRICIA A. SANDERS City Clerk H:\USERS\WPPUBLIC\OlRfp\RFPO8OlStaffReport-CCGSystems.wpd October 26,2001 (4:28pm) /� MINUTE ORDER NO. APPROVE PURCHASE OF REQUIRED HARDWARE FOR FLEET MANAGEMENT SOFTWARE IN THE AMOUNT OF $12,642.71 FROM DELL COMPUTER CORPORATION. I HEREBY CERTIFY that this Minute Order approving purchase of required hardware for fleet management software in the amount of$12,642.71 from Dell Computer Corporation was adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 7`h of November, 2001. PATRICIA A. SANDERS City Clerk H:\USERS\WPPUBLIC\OlRfp\RFPO8OlStaffReport-CCGSystems.wpd October 26,2001 (4:28pm) 3doo