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Agreement with Kapsch TrafficCom USA, Inc., for SCADA System Maintenance <br />November 5, 2019 <br />Page 2 <br />Due to the proprietary nature of the software, Kapsch TrafficCom USA, Inc., is the only vendor that <br />can fully support the system and provide immediate response in the unlikely event of a catastrophic <br />system failure. As such, staff recommends that Kapsch TrafficCom USA, Inc., be retained to <br />provide all required upgrades, system maintenance, and programming improvements for a <br />continued reliable system. <br />An agreement with Kapsch had previously been approved by Council on January 15, 2019; <br />however, the agreement was never executed due to Kapsch's decision not to accept the City's <br />standard agreement liability terms. Kapsch identified that the City's standard liability clause was <br />not appropriate due to the nature of services provided, namely software support. Staff concurred <br />and renegotiated the limit of liability down from $1,000,000 to $300,000. The revision constitutes <br />a substantive change to the version of the agreement approved by Council on January 15, 2019, <br />and as such must be reapproved. <br />STRATEGIC PLAN ALIGNMENT <br />Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & <br />Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City <br />assets), Strategy C (invest resources and technology to extend the service life of existing <br />infrastructure to protect the City's investment and support a high quality of life standard). <br />ENVIRONMENTAL IMPACT <br />There is no environmental impact associated with this action. <br />FISCAL IMPACT <br />Funding is available in the Fiscal Year 2019-20 Water Production and Supply Account (No. <br />06017640-62300) and will be budgeted in subsequent fiscal years as follows: <br />Fiscal <br />Accounting Unit — <br />Fund <br />Accounting Unit, Account <br />Amount <br />Year <br />Account # <br />Description <br />Description <br />Contract 3-Year Term <br />Water Utility Water Production <br />FY 19-20 <br />06017640-62300 <br />Water <br />& Supply, Contract Services- <br />$30,000 <br />Nov. -June <br />Professional <br />Water Utility Water Production <br />FY 20-21 <br />06017640-62300 <br />Water <br />& Supply, Contract Services- <br />$50,000 <br />July - June <br />Professional <br />FY 21-22 <br />Water Utility Water Production <br />06017640-62300 <br />Water <br />& Supply, Contract Services- <br />$50,000 <br />July — June <br />Professional <br />25F-2 <br />