FLEET MANAGEMENT SYSTEM SOFTWARE

Transcription

1 REQUEST FOR PROPOSALS FOR FLEET MANAGEMENT SYSTEM SOFTWARE FOR THE CITY OF SOUTH SAN FRANCISCO FLEET MAINTENANCE DIVISION PUBLIC WORKS DEPARTMENT RFP Package Available Electronically at: or Public Works Department 550 N. Canal St. South San Francisco, CA (650) For questions regarding this RFP please contact Justin Lovell, Management Analyst at (650) or at Proposals are due by 3:00 PM, Thursday, August 8, 2013 via to

2 Request for Proposals Fleet Management System Software Proposals in response to the Request for Proposals for Fleet Management System Software will be received via to until 3:00 pm PDT on August 8, The invites proposals from qualified vendors that possess outstanding qualifications, experience and knowledge to provide fleet management system software to replace the current JetFleet system. The specific services requested in this Request for Proposals (RFP) are detailed in Section II Scope of Work. Note: There will be an optional pre-bid conference call meeting at 10:00 am PDT Time on July 17, Vendors are strongly encouraged to participate in this prebid conference call. To obtain the conference call number, send an to by July 15, The top two or more bidders will be invited to a give a two hour demonstration of the software and proposal either live or remotely. Fleet Management System Software RFP Page 1

3 Table of Contents SECTION I BACKGROUND AND GENERAL INFORMATION... 3 A. FLEET MANAGEMENT OVERVIEW... 3 B. CURRENT SYSTEM OVERVIEW... 3 C. TECHNOLOGY STANDARDS... 4 D. PROJECT DRIVERS... 4 SECTION II SCOPE OF WORK... 4 A. GENERAL REQUIREMENTS... 4 B. SOFTWARE FEATURES... 4 C. PROJECT MANAGEMENT AND IMPLEMENTATION... 5 D. INTERFACES WITH THIRD PARTY SOFTWARE... 5 E. ANNUAL MAINTENANCE AND SUPPORT... 5 SECTION III RFP GUIDELINES AND SCHEDULE... 6 A. GENERAL REQUIREMENTS... 6 B. QUESTIONS... 6 C. PRE-BID CONFERENCE... 6 D. SUBMISSION OF PROPOSALS... 6 E. CONTRACT... 6 F. PROPOSAL POSTPONEMENT AND ADDENDUM... 6 G. AWARD... 6 H. CITY CONTACT... 7 I. USER CONTACTS... 7 J. ESTIMATED SCHEDULE... 7 SECTION IV RFP EVALUATION... 8 SECTION V RFP RESPONSE REQUIREMENTS AND FORMAT... 8 A. COVER PAGE... 8 B. COMPANY BACKGROUND AND EXPEIRENCE... 8 C. PROJECT WORK PLAN AND SCHEDULE... 9 D. SYSTEM DESCRIPTION AND FUNCIONALITY... 9 E. ANNUAL SOFTWARE MAINTENANCE, UPDATES, AND SUPPORT... 9 F. COST PROPOSAL... 9 G. CLIENT REFERENCES... 9 H. EXHIBIT A: FLEET MANAGEMENT SYSTEM FEATURES... 9 I. SAMPLE CONTRACT AND INSURANCE... 9 EXHIBIT A: FLEET MANAGEMENT SYSTEM FEATURES EXHIBIT B: SOUTH SAN FRANCISCO SAMPLE AGREEMENT Fleet Management System Software RFP Page 2

4 SECTION I BACKGROUND AND GENERAL INFORMATION A. FLEET MANAGEMENT OVERVIEW The Fleet Maintenance division currently maintains approximately 400 vehicles and pieces of equipment ranging from fire apparatus and street maintenance vehicles to small equipment. The division generates approximately 1500 work orders annually. The division is staffed with three equipment mechanics and one lead equipment mechanic operating 8am-5pm five days a week. Additionally, a public works program manager oversees the Fleet division operations, with support from an administrative assistant. The Fleet division supports all city departments including, Fire, Police, Parks and Recreation, Public Works (wastewater, construction, and street maintenance) and administrative department vehicles. In the past the Fleet division has provided fleet maintenance services for other agencies. The Fleet division may pursue additional contract opportunities in the future. B. CURRENT SYSTEM OVERVIEW The Fleet division uses paper forms to track work orders and has an administrative assistant manually enter work order data in the current fleet management system (JetFleet). Inventory is managed through reviewing parts entered in work orders. A parts inventory for preventative maintenance work is maintained on site. The division places mileage stickers in vehicles to remind drivers when to bring in vehicles for preventative maintenance. It is up to the department to bring vehicles for preventative maintenance at the appropriate time. Invoices for parts and outside services are entered into and paid through the City s finance management system (Tyler Technologies Eden) to issue checks for payment. All purchase orders are issued and all and invoices are paid through the finance system. The City s fleet fuels off site at commercial fueling locations using a cardlock system with Flyers Energy. The cardlock data is downloaded from the Flyers website and imported into JetFleet twice a month. Fire apparatus and off-road diesel vehicles fuel at bulk fuel sites located at the fire stations or the corporation yard. Bulk fuel data is recorded through written logs and manually entered into JetFleet. The City is in the process of purchasing a bulk fuel management system (FuelMaster AIM2) which should be implemented by October The Fleet division operates as an internal service fund. On a quarterly basis the administrative assistant prints reports and totals charges by department to be entered into the City s finance system to charge departments for its maintenance, repairs, and fuel. Starting in July 2013 the division will no longer manually create quarterly reports. The City s Finance department will charge departments monthly based on budget. The budget for each department is based on prior twelve months dollar value of work orders. The current system has 5 users including the following positions and duties: (1) Lead Mechanic work order sign off, parts, mechanic scheduling, reports (1) Public Works Program Manager reports, life cycle analysis, vehicle and Fleet Management System Software RFP Page 3

5 equipment purchasing (2) Administrative Assistants set-up, data entry for work orders, fuel, reports (1) Management Analyst set-up, reports and analysis It is estimated that there will be up to 10 end users in the new fleet management system. C. TECHNOLOGY STANDARDS The following technology standards are in place with the City and it is expected that the new fleet management system software will be compatible with these standards: Computers: Dell PCs System Software: Windows XP/7/8 Servers: Microsoft SQL 2005/2008 Network Protocol: TCP/IP D. PROJECT DRIVERS The has examined its current fleet operations and has identified fundamental considerations that are driving it to focus on replacing its current fleet management system: The current system is outdated, it is essentially operating in the same configuration as when the system was purchased in 1992 An effort go paperless and reduce redundant data entry Improve vehicle and equipment life-cycle analysis Assist the garage in scheduling preventative maintenance Facilitate inventory control Adopt newer technology SECTION II SCOPE OF WORK This RFP Scope of Work is only for the installation, implementation, and training of the fleet management software solution as outlined below. The City is not seeking data conversion services for work orders. The City may consider a review of current business practices as part of this RFP. A. GENERAL REQUIREMENTS The intends to acquire and implement a fleet management solution that will meet present and future needs. The system provider must specify all required hardware, software and professional services offered for the proposal. The City will separately purchase any required hardware (i.e. computers, tablets, bar code scanners, bar code printers). B. SOFTWARE FEATURES Exhibit A provides a table that depicts the features, components and technical requirements identified in the scope for this proposal. The City is considering either web-based software or Fleet Management System Software RFP Page 4

6 windows based software. As a general guideline the City would like to see the following features/modules in a fleet software solution: Vehicle/Equipment Asset Management Preventative Maintenance Scheduling/Tracking Work Orders Paperless Shop Mechanic/Driver Tracking Parts Inventory Capital Management Third Party Systems Interfaces Reports C. PROJECT MANAGEMENT AND IMPLEMENTATION The successful bidder shall assign a single project manager dedicated and available for the entire duration of the project. The project manager will be the main contact for all communications during the implementation phase. The City will designate one project manager to facilitate the implementation process with the City. The proposal response must discuss the project management services that will be offered. The City only desires project management to assist in implementation, go-live, and post go-live services. The requires that each bidder prepare a detailed implementation plan outlining the required tasks, estimated hours, responsibility, major deliverables and timing. This plan should also outline technical support and training as part of implementation. D. INTERFACES WITH THIRD PARTY SOFTWARE It is anticipated that the fleet management software will integrate with the City s cardlock data from Flyers Energy. The Flyers Energy data is available through a delimited csv file that is sent to the City with the bi-monthly invoices on the 15 th and 30 th /31 st of each month. The City is in the process if purchasing FuelMaster AIM2 system. The fleet management software should be able to interface with FuelMaster software. The Fuelmaster system should be installed by October Additionally, fleet software should be able to create an output file from the parts inventory to upload batch invoices or purchase orders in the City s financial system, Tyler Technology Eden. File specifications are available upon request. E. ANNUAL MAINTENANCE AND SUPPORT As part of the software purchase, the City expects to have software maintenance and support services as part of the annual maintenance costs. Fleet Management System Software RFP Page 5

7 SECTION III RFP GUIDELINES AND SCHEDULE A. GENERAL REQUIREMENTS The requires a not-to-exceed, billed as incurred price contract. The vendor is expected to complete the work at or below the negotiated price. B. QUESTIONS Questions may be directed via to [email protected]. Deadlines to submit questions will be July 19, An FAQ response will be issued by July 29, C. PRE-BID CONFERENCE There will be an optional pre-bid conference on July 17 at 10am PDT. To obtain the call number, send an to Justin Lovell at [email protected] by July 15, D. SUBMISSION OF PROPOSALS 1. Your completed response must be received no later than 3:00pm PDT, August 8, 2013, via to [email protected] 2. Information must be furnished complete, in compliance with the terms, conditions, provisions and specifications of the Request for Proposals. 3. Must contain signature of authorized contact on the cover page. 4. The City reserves the right to declare as non-responsive and reject any proposal in which material information requested is not furnished or where there are indirect or incomplete answers. 5. Proposals shall be for the total net price including all applicable taxes, shipping and charges. 6. Optional pre-bid telephone conference will be held on July 17, 2013 at 10:00am PDT. E. CONTRACT Contract terms will be negotiated between the City and the successful bidder. At a minimum the City requires the workers compensation insurance, $1,000,000 commercial liability and $1,000,000 automobile coverage. Submit a copy of the company standard contract as part of the proposal. Exhibit B is a standard City agreement. The City s IT department will manage the contract and all billing related to this RFP. F. PROPOSAL POSTPONEMENT AND ADDENDUM The reserves the right to revise or amend the specifications or any other part of the proposal up to the bid closing. Any revisions and amendments, if any, shall be announced via addendum. Copies of addendums shall be furnished to all prospective bidders and on the City s website. The proposal closing will be at least five working days after the last addendum. G. AWARD 1. The reserves the right to reject any and all proposals, to waive any informality in the proposals, and to accept the proposal that appears to be in Fleet Management System Software RFP Page 6

8 the best interest of the City. 2. In determining and evaluating the best proposal, the prices will not necessarily be the deciding factor, instead quality, efficiency, utility, general terms, and suitability of the services offered will be considered as well. 3. Notice of contract award, if a contract is awarded it will be made within ninety (90) days of opening proposals to the winning bidder. 4. The winning bidder shall submit to the City a signed services agreement with appropriate insurance documents before the commencement of work. a. The City will require the following insurance at a minimum: $1,000,000 Workers Compensation per occurrence, $1,000,000 commercial general liability and property insurance per occurrence, $1,000,000 comprehensive automobile insurance per occurrence. H. CITY CONTACT Doug Hollis Director of IT 400 Grand Ave South San Francisco, CA [email protected] I. USER CONTACTS Justin Lovell Management Analyst 550 N. Canal St South San Francisco, CA [email protected] Dave Bockhaus Public Works Program Manager [email protected] J. ESTIMATED SCHEDULE Item Date RFP Issue Date Pre-Bid Telephone Conference July 17, 2013 Final Date for Written Questions July 19, 2013 City Responses to written questions July 29, 2013 Proposals Due August 8, 2013 Evaluation and Short List Selection August 12, 2013 Fleet Management System Software RFP Page 7

9 Item Date Demonstrations Week of August 19, 2013 Anticipated Award Date Week of August 26, 2013 Anticipated Project Start October 1, 2013 SECTION IV RFP EVALUATION The will evaluate all proposals deemed responsive to this request by an evaluation panel selected by the City. The intention of the City is to procure a functionally complete and cost-effective Fleet Management system. Responses to this RFP will be evaluated and scored according to the following criteria: Overall responsiveness to and compliance with the Request for Proposal. Bidders capability and experience with providing and implementing a fully functional fleet management system that fits the needs for the City Functionality, performance and ease of use of software and interfaces, including databases, PC and hosted applications, system reports Cost References The top two or more bidders will be asked to provide a software demonstration, either in-person or remotely to City staff. The City will not be responsible for any costs incurred for providing the demonstration. SECTION V RFP RESPONSE REQUIREMENTS AND FORMAT Please use the following format to structure your RFP response. Your response should include each section detailed below in the order presented. A. COVER PAGE The bidder will provide a cover page indicating your submission to the RFP. Include the company name, company representative name, title, contact information, and signature of contact person responsible for the RFP submissions. B. COMPANY BACKGROUND AND EXPEIRENCE This section should provide the following: A brief history of the company Major products and services offered Experience performing work as outlined in the RFP Number of clients who use company s fleet management software Fleet Management System Software RFP Page 8

10 C. PROJECT WORK PLAN AND SCHEDULE The bidder is requested to outline their suggested work plan and schedule from the time of contract execution to post go-live. D. SYSTEM DESCRIPTION AND FUNCIONALITY The bidder should provide a brief overview of the system including its description and functionality. Include equipment (bar code scanners, tablets, etc.) the City would need to have to take full advantage of the functionality of the software. The City will separately purchase equipment other than the software. E. ANNUAL SOFTWARE MAINTENANCE, UPDATES, AND SUPPORT The bidder should outline the services and support provided post go-live. F. COST PROPOSAL Provide a total cost proposal that includes: Software purchase Systems interfaces Project management, implementation services (hours, price per hour, travel expenses) Annual maintenance/licensing Sales Tax (9%) Total Price G. CLIENT REFERENCES Provide a list of five references from municipal clients. Include contact name, phone number and agency. H. EXHIBIT A: FLEET MANAGEMENT SYSTEM FEATURES Fill out Exhibit A and provide comments as necessary on each of the specifications I. SAMPLE CONTRACT AND INSURANCE Provide a sample contract with the proposal. The City and the winning bidder will negotiate the final terms of the contract. At a minimum the City requires that the winning bidder furnish the City certificates of insurance with evidence the winning bidder holds the following amount of insurance: $1,000,000 Commercial General Liability per occurrence $1,000,000 Comprehensive Automobile per occurrence $1,000,000 Workers Compensation per occurrence Fleet Management System Software RFP Page 9

11 EXHIBIT A: FLEET MANAGEMENT SYSTEM FEATURES Below are the basic features the City would like in a fleet management system. There may be additional features not listed that the vendor could provide. Please respond fully to each item as indicated below: Features/Components Response Comments Yes/No 1. General System Requirements for either web-based or windows based software a. Operate on Microsoft SQL Server 2005/2008 b. Operate on Windows XP/7/8 c. Multi-level security based on user permissions d. Must comply with SSF security standards e. Vendor access will be controlled by SSF IT using approved software and business hours f. Real-time data updates g. Capable of interfacing with multiple third party applications such as fuel management and financial software h. Web browser interface i. Support use on ipads, iphones, or smart phones j. Wireless must follow SSF standards or be approved by SSF Director of IT k. Citrix compatible l. Graphical user interface m. Be an off the shelf package with user definable configuration allowing flexibility to match site specific practices n. Automatic capabilities based on user defined criteria. o. Provide easy navigation between functions (i.e. work orders/parts/vehicle record) p. Ability to drill down to other modules/fields of the software q. Ability to have a separate database instance for testing purposes 2. Vehicle/Equipment Inventory: a. Set up vehicles/equipment by asset number (currently four numeric digits) Fleet Management System Software RFP Page 10

12 Features/Components b. Department field c. Department sub-field d. Account Number Field ( format) e. Year, Make, Model Fields f. Customizable vehicle classifications g. VIN/Serial Number h. Odometer Select miles/hours i. Purchase Date j. In-Service Date k. Useful Life l. Engine Make m. Engine Model n. Gross Vehicle Weight o. Fuel Type p. Fuel Tank Capacity q. Wheelbase r. Track parts specific to vehicle (tire size, filter type, lights, brakes, etc) s. License Plate # t. Customizable fields for inspections, misc. permits u. Photos/Document attachment v. Warranty Tracking w. Ability to assign smaller equipment to vehicle x. Ability to see pending PM and scheduled repairs upon opening asset record y. Ability to group or categorize assets to help schedule PM z. Ability to track state inspections, annual renewals or any other site-specific inspections aa. Ability to track accidents 3. Capital Asset Management a. Provide a vehicle replacement screen that calculates replacement based on user defined criteria b. Ability to access depreciation, salvage value, remaining months of useful life, repair costs, fuel costs, life to date on screen or through a report c. Ability to track vehicles out of service Response Yes/No Comments Fleet Management System Software RFP Page 11

13 Features/Components and/or sold through auction 4. Preventative Maintenance Scheduling a. View PM schedule/modify b. Ability for departments to request and/or schedule preventative maintenance or repair services c. Automatic PM triggered by user defined parameters d. Auto-notify end users, shop of PM due e. System calendar used to schedule or have ability to interface with Microsoft Outlook calendar f. Create standardized PM schedules using A, B, etc, coding. g. Ability to convert PM into work order and assign mechanic h. Customizable job lists, parts required for PM types, tied to asset number 5.Work Orders a. Use of VMRS codes for work orders b. Easy drill down to parts inventory to attach parts to work orders, or based on bar code reader c. Ability to add work order reason codes d. Ability to create checklists and activities as part of work order e. Ability to add parts via bar code scanner f. Ability to add multiple PM items to work order g. Ability to create template work orders h. Track active work hours on the job i. Save/remember routine processes-parts for work orders j. Ability to auto create work orders based on user defined criteria k. Remember parts used from previous work orders and alert if parts not in stock l. Outside vendor tracking including costs m. Ability to add mark up on parts used in work order 6. Parts/Supplies Inventory a. Track Parts, average moving costs, locations, min/max quantities Response Yes/No Comments Fleet Management System Software RFP Page 12

14 Features/Components b. Track Vendors including, address, vendor number, contact c. Ability to export invoice from vendors into Tyler Technologies Eden d. Ability to accept bar coding and ability to read UPC bar codes e. Ability to associate parts to asset number(s) f. Ability to mark up prices for use on work orders 7. Mechanic Time Tracking a. Active hours/inactive hours b. Scheduling c. Certifications d. Hourly Rates e. Separate login for mechanics either through computer on shop floor or their own ipad 8. Other Employee Tracking a. Employees assigned to vehicle b. Commercial drivers license tracking auto when due for renewal c. Other certifications 9. Fuel Management a. Input miles/hours, gallons, date, costs of fuel, ties with PM schedule b. Ability to manually edit/enter odometer readings c. Support manual entry of fuel transactions d. Interface with FuelMaster software with onsite automated fuel transactions and OBD error codes e. Interface with Flyers Energy cardlock output files 10. Reports a. Provide pre-built reports including, costs, fuel use, repair history, parts inventory, mechanic hours, detail reports and summary reports b. Ability to save criteria in built reports and add to a favorites field c. Ability to view reports on screen before printing Response Yes/No Comments Fleet Management System Software RFP Page 13

15 Features/Components d. Ability to create ad-hoc reports e. Ability to export report to excel or pdf formats Response Yes/No Comments Fleet Management System Software RFP Page 14

16 EXHIBIT B: SOUTH SAN FRANCISCO SAMPLE AGREEMENT PURCHASE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND [NAME OF VENDOR] These terms and conditions govern the purchase of materials, supplies, and/or equipment, including any related installation, training, and/or minor services and repairs described in this Purchase Agreement ( Purchase Agreement ) by ( Vendor ) for the ( City ). Vendor and City are collectively referred to in this Purchase Agreement as the Parties. If the Vendor selects subcontractors to execute a portion the terms of this Purchase Agreement, that subcontractor is an agent of the Vendor, and is hereby included by reference as the Vendor. 1. Time of Performance. This Purchase Agreement shall commence effective, 2013, and shall end when Vendor has provided to the City the Products and Services described in this Purchase Agreement, and in Exhibit A. The equipment and products listed in Exhibit A must be delivered by, The installation and other services set forth in Exhibit A must be completed by, In the event that any of the terms of Exhibit A conflict with this Purchase Agreement, the terms of the Purchase Agreement shall prevail. 2. Description of Goods. Vendor shall perform everything required to be performed and shall provide and furnish to City with [description of Products] and shall complete delivery F.O.B. to the on or before [no.] days from the date of this Purchase Agreement in strict accordance with the specifications as established by this Purchase Agreement and exhibits, which specifications are incorporated herein and made part of this Purchase Agreement. 3. Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services with a not to exceed amount. The total compensation for Products and/or Services performed under this Purchase Agreement is not to exceed ($.00). The City shall pay Vendor invoices for Products and/or Services actually delivered in accordance with this Purchase Agreement. To be eligible for payment, Vendor invoices must itemize the Products and/or Services delivered and the corresponding prices in accordance with this Purchase Agreement. Payment of Vendor invoices does not constitute acceptance of Products and/or Services delivered. Prices of Products and/or Services delivered that are not in accordance with this Purchase Agreement are subject to adjustment. In no event will the prices of Products and/or Services delivered exceed that specified on this Purchase Agreement. Payments shall be subject to adjustment for defects in quality or failure of Vendor to meet terms and conditions herein and in Exhibit A. Such adjustments shall be equal to 100% of City s costs to correct such defects or Vendor s failure to meet Purchase Agreement requirements. 4. Taxes. Vendor shall pay all applicable federal, state and local taxes, which may be chargeable against the delivery of the Products and/or Services listed herein. 5. General Warranties and Product Compliance. Vendor warrants that: (A) All Products and/or Services are as described on this Purchase Agreement conform to all drawings, samples, descriptions and specifications; (B) All Products and/or Services delivered are new and of good merchantable quality, free from material defects of workmanship and fit for the purpose for which sold or provided; (C) Vendor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Vendor's delivery and installation of the Products and/or Services will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not meeting the foregoing quality shall be deemed defective. The foregoing warranty provisions shall also be applicable to equipment or materials provided by a third party entity to Vendor via this Purchase Agreement. Vendor also expressly warrants and guarantees, for [insert number of years] that the Products and/or Services furnished by it to City shall be free from breakage or defects of material and workmanship under normal use, service and maintenance from the date of acceptance of the City, and expressly agrees to repair Fleet Management System Software RFP Page 15

17 or replace Products and/or Services or any part thereof which proves defective as a result of inferior or defective materials, equipment or workmanship. If within the period stated above, any repairs or replacements in connection with the Products and/or Services are, in the opinion of the City, rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship, Vendor agrees on receipt of notice from City and without expense to the City, for freight, parts or labor, to properly repair, replace or correct any and all such defects therein. If Vendor, after such notice, fails to proceed promptly with the terms of this warranty and guarantee, the City may perform the work necessary to effectuate such corrections, repairs and replacements, and recover the cost thereof from Vendor. 6. Damage to City Facilities. Damage to City or public facilities or private property caused by the Vendor or by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the City. 7. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during installation. After installation is completed at the site, Vendor shall clean the surrounding area to the condition prior to installation. 8. Final Inspection and Work Acceptance. Finished installation work and/or equipment shall be subject to final inspection and acceptance or rejection by the City. 9. Indemnity. To the fullest extent permitted by law, Vendor shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the City Indemnitees ) from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys fees and costs of litigation) (collectively, Liability ) of every nature arising out of or in connection with the delivery and installation of the Products and/or Services described on this Purchase Agreement or Vendor s failure to comply with this Purchase Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. 10. Insurance. Before beginning any work installation work under this Purchase Agreement, Vendor, at its own cost and expense, shall procure the types and amounts of insurance listed below: Workers Compensation. The Statutory Workers Compensation Insurance and Employer s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. Commercial General and Automobile Liability Insurance. Vendor is required to carry automobile liability insurance in an amount of not less than $1,000, per occurrence. Vendor shall maintain commercial general liability insurance in an amount of not less than $1,000, per occurrence. The City Risk Manager may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 12. Termination. In addition to all other legal and equitable rights of the City, the City may terminate this Purchase Agreement upon notice to the Vendor. If the City terminates this Purchase Agreement, the City will pay the Vendor for Products and/or Services accepted in accordance with this Purchase Agreement prior to the date of termination. 13. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney s fees associated with that legal action or proceeding. 14. Assignment, Governing Law. The Vendor may not assign any of Vendor's obligations under this Purchase Agreement without the City s prior written approval. This Purchase Agreement is governed by California law. The jurisdiction for any litigation arising from this Purchase Agreement shall be in the state of Fleet Management System Software RFP Page 16

18 California, and shall be venued in the County of San Mateo. 15. Modification. This Purchase Agreement may only be modified by a writing signed by authorized representatives of the Vendor and the City. 16. Severability. If any portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity shall not affect the validity of the remaining portions of this Purchase Agreement. VENDOR CITY OF SOUTH SAN FRANCISCO A Municipal Corporation By: [Name], Authorized Rep Approved as to Form: By: Barry Nagel, City Manager ATTEST: City Attorney City Clerk Fleet Management System Software RFP Page 17