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HomeMy WebLinkAbout25J - AGMT - E-PROCUREMENT SYSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 16, 2016 TITLE; AGREEMENT WITH PLANETBIDS FOR E- PROCUREMENT SYSTEM (STRATEGIC PLAN NO. 4, 11B) Ze CITY MANA _R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with PlanetBids, Inc. for web -based procurement services for a three -year period beginning August 16, 2016 and ending August 15, 2019 with provision for a two -year renewal option exercisable by the City Manager, in an amount of $33,375 for the first year and an annual amount not to exceed $27,400 for subsequent years, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Purchasing Division (Purchasing) administers the City's centralized purchasing processes. On August 5, 2013, Purchasing Division entered into an agreement with PlanetBids, a certified Small Business and Women Business Enterprise, in an effort to streamline the procurement process. Through the implementation of the Bid Management Module System (System) the City has achieved a more efficient and transparent method for electronically advertising, monitoring and awarding formal and informal bids and proposals, while significantly increasing the number of vendors notified of the City's bid and proposal solicitation. The year before the bid management module was implemented, Purchasing division processed 1,100 requisitions and 27 formal invitations for bid, which were advertised to an average of five vendors. Furthermore, staff time incurred for each bid approximated between two to three hours. During fiscal -year 2014 -2015, a year after implementation, 1,371 requisitions and 45 formal invitation for bids were processed and an average of 31 vendors were notified for each solicitation. Additionally, the City's Requests for Proposals are now publicized online by Purchasing staff; all without incurring additional overtime or staff time. An added benefit in implementing the software is vendors now have the capability to register online as opposed to staff searching for vendors to notify of the City's bid and requesting 25J -1 Agreement with PlanetBids August 16, 2016 Page 2 proposal solicitations. The system provides a central repository for solicitations for both materials and services and employs real -time notification of requests for bids and proposals as well as addenda notification, custom emails and online Q &A management. Public Works projects are advertised and maintained through a different process outside of the PlanetBids software. PWA staff coordinates with the City's webmaster to post and maintain construction project notifications and addenda. PlanetBids has developed an Advanced eBidding for Public Works that would streamline the existing process by eliminating this costly step. Acquiring the Advanced eBidding module will complete the centralization of each type, both Purchasing and PWA, of procurement method utilized by the City. PlanetBids was originally selected after staff interviewed and attended product presentations from four eProcurement providers. Recently, staff began conducting informal inquiries about eProcurement solutions utilized by other local public agencies. The results confirmed that PlanetBids continues to be widely used due to its innovative and best -in -class eProcurement solutions. PlanetBids has provided excellent customer service and continues to improve and expand their solutions. Additionally, PlanetBids has offered to extend the same pricing for three years for both the current and the new Advanced eBidding module for Public Works. As such, staff recommends approval of a three -year agreement as follows: PB SYSTEM*"" Module(s) SETUP YEAR 1 (FY 2016 -17) YEAR 2 (FY 2017 -18) YEAR 3 (FY 2018 -19) Vendor Management & Bid Management n/a $ 16,413.33 $ 16,413.33 $ 16,413.33 Advanced eBidding (add -on) n/a $ 4,500.00 $ 4,500.00 $ 4,500.00 Emergency Operations n/a $ 4,110.99 $ 4,110.99 $ 4,110.99 Read -Only — 5 user licenses n/a $ 2,375.00 $ 2,375.00 $ 2,375.00 Onsite Training (including travel expenses) $ 1,575.00 TOTAL *$ 28,974.32 $ 27,399.32 $ 27,399.32 *The amount of $33,375.00 includes $4,400.68 contingency for additional user license. STRATEGIC PLAN ALIGNMENT Approval of this item supports City's efforts to meet Strategic Plan Goal #4 — City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment), Strategy B (increase the accessibility of financial information on the City's website by creating public viewing portals (i.e. City finances, budget processes, bid opportunities, etc.). 25J -2 Agreement with PlanetBids August 16, 2016 Page 3 FISCAL IMPACT Funds in the amount of $33,375 are available in FY 2016/17 as follows: • $18,500 in the Public Works Administration Services account (10117601- 62300) • $14,875 in the Finance and Management Services Purchasing account (01110120- 62300) Funds in the amount of $27,400 will be budgeted and made available in FY 2017/18 and 2018/19 as follows: • $12,525 in the Public Works Administration Services account (10117601- 62300) • $14,875 in the Finance and Management Services Purchasing account (01110120- 62300) Public Works Agency Exhibit: 1, Agreement FM:MLM:vk APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez %7 Executive Director w� Finance & Management Services Agency 25J -3 25J -4 Au t r !� Laading a- Procurement Salutivn5 Gonn�cttng.Btryers 8� Supplrars Et'ficlsntlyt 8950 Canoga Avenue. Ouite 801. Woodland Hilts. CA. 01887. 818.882.1771 PB SYSTEMTM SUPPORT SERVICES AGREEMENT This SERVICE SUPPORT AGREEMENT, which describes the terms and conditions applicable to your use of the PlanetBids Online Support Services, is made and entered a$ of the 271h day of July 2016, by and between PLANETBIDS, INC., a California corporation, ('PlanetBids ") and the following customer ( "Customer ") for the period August 16, 2016 to August 15, 2019, Customer Name: City of Santa Ana Street Address 20 Civic Center Plaza City, State ZIP Santa Ana, CA 92702 Department: Purchasing Principal Contact: Sandy Perez Method of Payment: Net 30 Days® THEREFORE, PlanetBids and the Customer agree as follows: 1. PlanetBids Services. Upon acceptance of this Agreement, PlanetBids shall provide the following Support Services to Customer, subject to the terms and conditions of this Agreement. This agreement fully supersedes any and all prior agreements between PlanetBids and Customer. a) "Services" shall include the following: 1) use of the PlanetBids PB SystemTM Vendor management and Bid management modules (a.k.a. BidsOnlineT11) including the Advanced eBidding add -on module for the purpose of vendor registration, posting and tracking Bid Requests and other information on Customer's website or private internet network; 2) up to Seven (7) of licensed user access to and use of the PS System TM by the Customer Finance /Purchasing Department; 3) the option, at Customer's discretion, to process and distribute Bid Requests to additionally available PlanetBids suppliers within their selected categories at no additional cost; and 4) an optional Reverse Auction feature that enables the Customer to solicit bids from Customer and /or PlanetBids registered suppliers selected by Customer in a price only based blind bidding process, which can be activated by giving notice thereof to PlanetBids in writing or by email. b) PlanetBids shall have access and the right to market or otherwise promote its services to any vendor or supplier of Customer that registers with PB System'"" via Customer's website, upon notice by PlanetBids to such vendor or supplier. PlanetBids will not sell any Customer data to any third parties without a written consent from Customer. C) Internet related equipment by its nature, is not fault tolerant, but PlanetBids (1)will use reasonable efforts to make the Services available 24 hours per day, 7 days per week, excluding downtime for scheduled and unscheduled maintenance, and (2) will promptly ©2000 -2016 PlanetBids, Inc. (818) 992 -1771 1�9 �itg investigate any technical problems that Customer reports. PlanetBids cannot, however, guarantee continuous service, service at any particular time or the Integrity of data transmitted via the Internet. Further, PlanetBids shall not be responsible for the inadvertent disclosure, corruption or erasure of data transmitted, received or sorted on the PB SystomTM. d) PlanetBids may make improvements and /or amendments to the PB SystemTM at any time, and may provide other optional services, including enhanced versions of standard features or functions, for an additional fee as agreed in advance by the Customer. Any and all relevant portions of these terms and conditions will automatically apply to all improvements, amendments and /or optional services as they appear. PlanetBids does not guarantee that use of the Services will produce any quotes, business opportunities or other information helpful to the business of Customer, nor does it guarantee that any contact provided will be adequate or best suited for any transaction. 2. Fees and Payments. a) Support Fees. Customer agrees to pay PlanetBids a total of $ 28,974.32 for Year 1, $ 27,399.32 for Year 2 and $ 27,399.32 for Year 3. Payment for Year 1 shall be due and payable 30 days from the time of execution of this Agreement. Payments for Year 2 and for Year 3 are payable within 30 days from the invoice date upon renewal each year as outlined below in Table (A). The term of this Agreement shall be extended for one additional two (2) year period, Year 4 and Year 5, upon a request in writing with a minimum of 30 days prior to the end of the term (Year 3) of this Agreement by Customer and a renewal executed by the City Manager and the City Attorney. The fees for the renewal option will not exceed 5% of the previous year's fee as outlined in Table (A). 1) Onsite Training Fee, Customer shall pay a one -time onsite training fee of $1,200.00 and $375 for travel expenses, for up to three (3) additional PS SystemTm licensed users including for the Vendor Management, Bid Management modules and Advanced eBidding add -on module. 2) Service Fee Payment. Customer agrees to pay an annual service fee of $16,413.33 each year of the Agreement for the use cf the PB SysteWll, as outlined in Table (A). 3) Additional Add -on /Module. Customer agrees to pay a service fee of $4,500 for the Advanced eBidding add -on module and $4,110.99 for the Emergency Operations module for Year 1 and as outlined consecutively in Table (A) and for Year 2 for the Emergency Operations module to Customer users assigned by Customer, and, $2,375.00 for five (5) Read -Only user licenses for the period of this Agreement, ©2000 -2016 PlanatBids, Inc. (818)992 -1771 25J -6 Table (A) 4) Reverse Auction. If the customer chooses to activate the Reverse Auction feature and conduct Reverse Auctions through the Services, Customer does not have to purchase an additional license, but is required to pay a transaction fee for each event /solicitation transaction conducted through the Reverse Auction feature. Once activated; the Reverse Auction feature will remain activated for the balance of the term of this Agreement, including any extensions or renewals. The transaction fee for Reverse Auctions shall be 1 % of the total amount of each Reverse Auction transaction, excluding shipping and handling costs; provided that the minimum transaction fee payable for any event/solicitation transaction shall be $25.00, Within 10 days following the end of each calendar quarter, PlanetBids will invoice the Customerfor the total amount of feels) payable for all event/solicitation transactions completed during such quarter, which amounts shall be due and payable within 30 days of the date of invoice. It shall be the responsibility of Customer to collect from the supplier any portion of the transaction fee to be paid by such supplier, and to pay any taxes, duties, imposts or tariffs that are applicable to purchases via the Services. PlanetBids will extend to Customer a pilot program to conduct up to two (2) Reverse Auction events free of any transaction fee(s) within the term of this agreement. b) Additional Services; Fees. If requested by Customer, PlanetBids will provide any or all of the following additional services: 1 } Special customization work -up shall be provided at PlanetBids' current standard rates pursuant to an estimate provided by PlanetBids. 2) Training to Customer's designated users, in addition to that provided pursuant to Section 2(a)(1), is available as of today at the discounted rate of $350.00, for up to 2 hours online, or a rate of $1,200.00 for up to 4 hours onsite per class plus reasonable travel, living and parking expenses of the instructor, as applicable. 3) For its own internal retrieval and restoration purposes, PlanetBids will record and maintain for a limited time a back -up copy of all data appearing on Customer's website on a daily basis. For so long as PlanetBids retains such data, which period shall be at minimum co- extensive with the term of this Agreement, Customer may, during the term of this Agreement, access and retrieve data from such back up files, in text delimited Microsoft Excel format, at no cost. Additional Services related to the retrieval or restoration of any of Customer's data from such back -up files are available at PlanetBids current standard rates, which will vary depending on the level of services required, but not less than $125.00 per hour, 02000 -2016 PlanetBids, Inc. (818)992 -1771 25J -7 •SETUP ;YEAR 1 'YEAR2 YEAR YEAR4 YEAR5 -: 20162017' '.2017.2016 [201$•2018 ?20192020 20202021: 0.00 $16,41133 $16,413.33 $16,413.33 $17,234.00 $17,234.00 =,;'tiYarl d'`,eSt(I(''x(6,,° $0.00 $4,500.00 $ 4,500.00 $ 4500.00 $ 4,725,00 $ 4725.00 Na $ 4,110,99 $ 4,110.99 $ 4,110,99 $ 4,316.54 $ 4,316.54 "�f%s rtc T40 n/a $ 2375.00 $ 2,375.00 $ 2,375.00 $ 2493.75 $ 2,493.75 'ti✓~TtgTlit�; _ $ 1200.00 ,T _, • K11 5,b. ., $ 375.00 z.,v n ;A $ 28,974.92 $ 27,399.32 $ 27,399.32 $ 28,789.29 $ 26,789.29 4) Reverse Auction. If the customer chooses to activate the Reverse Auction feature and conduct Reverse Auctions through the Services, Customer does not have to purchase an additional license, but is required to pay a transaction fee for each event /solicitation transaction conducted through the Reverse Auction feature. Once activated; the Reverse Auction feature will remain activated for the balance of the term of this Agreement, including any extensions or renewals. The transaction fee for Reverse Auctions shall be 1 % of the total amount of each Reverse Auction transaction, excluding shipping and handling costs; provided that the minimum transaction fee payable for any event/solicitation transaction shall be $25.00, Within 10 days following the end of each calendar quarter, PlanetBids will invoice the Customerfor the total amount of feels) payable for all event/solicitation transactions completed during such quarter, which amounts shall be due and payable within 30 days of the date of invoice. It shall be the responsibility of Customer to collect from the supplier any portion of the transaction fee to be paid by such supplier, and to pay any taxes, duties, imposts or tariffs that are applicable to purchases via the Services. PlanetBids will extend to Customer a pilot program to conduct up to two (2) Reverse Auction events free of any transaction fee(s) within the term of this agreement. b) Additional Services; Fees. If requested by Customer, PlanetBids will provide any or all of the following additional services: 1 } Special customization work -up shall be provided at PlanetBids' current standard rates pursuant to an estimate provided by PlanetBids. 2) Training to Customer's designated users, in addition to that provided pursuant to Section 2(a)(1), is available as of today at the discounted rate of $350.00, for up to 2 hours online, or a rate of $1,200.00 for up to 4 hours onsite per class plus reasonable travel, living and parking expenses of the instructor, as applicable. 3) For its own internal retrieval and restoration purposes, PlanetBids will record and maintain for a limited time a back -up copy of all data appearing on Customer's website on a daily basis. For so long as PlanetBids retains such data, which period shall be at minimum co- extensive with the term of this Agreement, Customer may, during the term of this Agreement, access and retrieve data from such back up files, in text delimited Microsoft Excel format, at no cost. Additional Services related to the retrieval or restoration of any of Customer's data from such back -up files are available at PlanetBids current standard rates, which will vary depending on the level of services required, but not less than $125.00 per hour, 02000 -2016 PlanetBids, Inc. (818)992 -1771 25J -7 3, Use of Services. a) PlanetBids is not responsible for the content and /or transactions on Customer's website. Notwithstanding the foregoing, PlanetBids reserves the right to monitor content that uses the Services and to remove content which PlanetBids determines to be illegal, offensive, harmful or otherwise in violation of its operating policies and terminate this Agreement. 1) PlanetBids shall have the right to impose from time to time reasonable rules and regulations regarding the use of the Services. Customer agrees to comply with all such rules and regulations and with applicable laws, ordinances and regulations related to the use of Services; and not make any unauthorized commercial use of the Services or of the PlanetBids name, marks or logos. Further, Customer agrees to not use the PlanetBids websites to (i) post information anonymously or under a false name; (ii) post any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, such as inducements to conduct that would constitute a criminal offense or give rise to civil or other liability, (iii) post the name of or otherwise identify or reference any service or entity that provides a service competitive to the Services. 2) If Customer uses standard identification codes, PlanetBids shall have the right to request for inspection an original copy of such codes and any necessary authorizations for use. If such identification codes are proprietary codes of third parties, such as NIGP, SIC or CSI, it shall be the responsibility of Customer to obtain the necessary licenses and Customer indemnifies and holds harmless PlanetBids from the unauthorized use or publication of any such identification codes with respect to the Services, 3) Customer represents and warrants (a) the Customer information provided is current, complete and accurate, (b) that the person signing this Agreement is authorized to bind Customer, (c) Customer will update the information (including credit card information, if applicable) as required to keep such information current, complete and accurate. PlanetBids may, in its sole discretion, cancel or terminate this Agreement if Customer has willfully violated its obligations hereunder. 4) In addition, Customer agrees to use information obtained through the Services only as necessary to the transaction of Customer and shall not use the Services for the benefit of any third party. 5) It shall be the responsibility of Customer to collect and pay any taxes, duties, imposts or tariffs that are applicable to sales via the Services. b) It is the responsibility of the Customer to (1) pre - qualify all bidding participants in a Reverse Auction, and (ii) limit access to the Services so that only Customer authorized personnel have the capability of activating the Reverse Auction feature and /or conducting Reverse Auctions. "Open to the Public" Reverse Auctions on Customer's website are not permitted. PlanetBids shall have no obligation or involvement in the conduct of any Reverse Auction or responsibility for verifying that the users are authorized by Customer to conduct such transactions. G) THE SERVICES ARE PROVIDED "AS IS." PLANETBIDS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, 4 ©2000 -2016 PlanetBids, Inc, (818) 992 -1771 25J -8 EVEN IF PLANETBIDS HAS BEEN MADE AWARE IN ADVANCE OF SUCH POTENTIAL RISK. FURTHER, PLANETBIDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE SERVICES OR SITES LINKED THERETO. d) PlanetBids does not at any time come into possession of the products or services acquired through the Services and is not aware of the specific use to which those items will be put. In using the Services, Customer hereby releases, indemnifies, and holds harmless PlanetBids and its agents, employees, and affiliates harmless from all claims, demands, costs and damages (actual and consequential) of every kind and nature arising out of, or in any way connected with, Bid Requests and uncompleted or completed transactions related to the Services. 4. Confidentiality. PlanetBids will take reasonable measures not to disclose website communications or information about its Customers, except to the extent that PlanetBids believes in good faith that such action is within the scope of the Services or reasonably necessary to (a) comply with the law or the directives of courts or governmental agencies; (b) enforce this Agreement; (c) respond to claims of any third party; or (d) protect the legitimate Interests of PlanetBids or its customers. Notwithstanding the foregoing, all, communications directed to PlanetBids via the website such as questions, comments, inquiries, shall be deemed to be not confidential, unless specifically agreed otherwise in advance by PlanetBids. Further, PlanetBids will have the right to use any Customer's name in connection with the advertising or promotion of the Services. 5, Copyright Protection. The PB SystemTm and all materials appearing on the PlanetBids website are protected by worldwide copyright laws and related international treaties. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described herein. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on PlanetBids website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. a) Customer shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose the Services, website content, the PB Systern7m or any other PlanetBids tools. Customer shall not reverse engineer, decompile, or otherwise attempt to derive source code from any software or tools accessible or available through the Services. b) Special use requests should be sent to customerservicep_PlanetBids .cam. Permission to use shall be granted in the sole discretion of PlanetBids. 6. Security. (a) The PlanetBids ordering and posting processes are protected by the Secure Sockets Layer (SSL) protocol, which encrypts your Information and confirms the identity of the PlanetBids server before allowing a transaction to be completed. Firefox 3.5+ (or better) and Internet Explorer 8.0+ (or better) support the SSL protocol are acceptable, but we recommend that you use the latest browsers to ensure that you are protected by advances in security technology. For more detailed information, please refer to the PlanetBids Privacy Policy. (b) Password- protection techniques will be provided to restrict access under Customer's account to authorized individuals. REGISTRANT ACKNOWLEDGES, HOWEVER, THAT ACCESS RESTRICTIONS, BY THEIR NATURE, ARE CAPABLE OF BYPASS AND PLANETBIDS DOES NOT GUARANTEE THAT THE SERVICES CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS. Customer shall at all times maintain as confidential its user ©2000 -2016 PlanetBids, Inc. (818) 992 -1771 25J -9 names and passwords. If Customer is a corporation or other business entity, then it may allow employees to use its user name and password, but the Customer shall be responsible for all activity and charges incurred by such employees and any fees resulting from the activation of the Reverse Auction feature. Permitting third parties to use the Services is prohibited and a violation of this Agreement. (c) If a security breach occurs with respect to any account, the Customer must immediately change its password and notify PlanetBids at customerservlce (aPlanetBids.com. Customer shall be liable for any unauthorized use of the Services until PlanetBids is notified of the security breach. Other Provisions. a) Notices. PlanetBids shall provide notice to Customer via email, or (at its discretion) via certified U.S. Mail, to the address provided on the membership registration or such other address provided by Customer to PlanetBids. Customer shall provide notice to PlanetBids via email to customerservice (c.PlanetBids.com, with a copy sent via certified U.S. Mail to the address on the membership registration. Notices will be effective 6 hours after sending if sent via email (unless the sender receives a response indicating that the message was undelivered) or 3 business days after the mailing date, whether or not received. b) Assignment. Customer shall not assign this Agreement or any of its rights or obligations without the prior written consent of PlanetBids, and any such attempted assignment will be void. Subject to the above, this Agreement will be binding upon the parties' respective successors and permitted assigns. c) No Waiver. The failure of PlanetBids to exercise or enforce any right or provision under this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the these terms and conditions shall remain in full force and effect. d) Governing Law. The interpretation and enforcement of this Agreement shall be governed by laws of the United States of America and the State of California, excluding its choice of law rules and subject to the exclusive jurisdiction of the court located in Orange County, California. e) Force Majeure. PlanetBids will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, or the occurrence of any other unforeseen contingency beyond the reasonable control of PlanetBids. F) Insurance. For the term of this Agreement, at its sole cost, PlanetBids shall obtain and maintain insurance as described below: 1. Commercial General Liability Insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of PlanetBid's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per M ©2000 -2016 PlanetBlds, Inc. (818) 992-1771 25J -10 occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the Customer, Its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the Customer; and (c) contain standard separation of Insureds provisions. 2. Cyber liability insurance with limits of not less than $1,000,000 for each occurrence and an annual aggregate of $2,000,000, covering claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and /or unintentional release of private information, alteration of electronic information, extortion and network security. Signature Page on Next - 02000.2016 Planet8ids, Inc. (818) 992 -1771 25J -11 Signature Page - AGREED effective as of the date first written above. PLANETBIDS, INC. CUSTOMER: Alan Zavi CEO 08/05116 (Date) David Cavazos City Manager (Date) ATTEST: Maria D. Huizar Clerk of the Council Approved as to Form: J Funk Assistant City Attorney Recommended for Approval: Francisco Gutierrez Executive Director, Finance and Management Services Agency ©2000 -2016 PlanetBids, Inc. (818) 992 -1771 25J -12 EXHIBIT "A" STATEMENT OF WORK FOR SETUP, IMPLEMENTATION AND TRAINING 1. PB SystemTM Access Services: PlanetBlds rate for maintaining the PB SystemTM vendor and bid management module is based upon an unlimited number of monthly transactions (Bids) and up to seven (7) registered users. PB SystemTM Access Services include the following: • System Administration -- PlanetBlds will be responsible for system and data back -ups, disaster recovery, system reliability, availability, privacy, and security • Hosting Infrastructure — PlanetBlds will be responsible for hosting PS SystemTM, maintaining the network, hardware and software infrastructure • Customer Service — "Level 2" customer service is available from 5:00 a.m. to 5:00 p.m. PST, Monday through Friday (see Help Desk definition below) • Account Management — PlanetBids will provide a dedicated Account Manager for post - sales support, PB SystemTM questions. 2. PB SystemTM Set -up, implementation and Training: • PlanatBids will initially load up to three (3) additional users, for Customer • PlanetBids will provide up to 2 hours onsite training to all new and current PB SystemTM licensed users for the Vendor Management, Bid Management modules and Advanced eBidding add -on module. PB SystemTM set -up, implementation and training consists of the following: A. Initial program definition The PlanetBids implementation manager will work with one (1) designated Customer project manager to develop a roadmap for system implementation. The implementation manager will define and present a project management schedule to the Customer project manager. Customer will be required to submit information according with the project management schedule. Upon completion and review of the PB SystemTM by Customer, PlanetBids will train all assigned users on -site at the Customer's training facility. B. System Implementation and administration PlanetBids will enter and configure Customer requirements into PB SystemTM for up to Three (3) additional licensed users for Customer. The following implementation services will be provided a. Seamless integration to Customer's procurement web page. 02000 -2016 PlanetBids, Inc. (818) 992-1771 25J -13 b. Online customized vendor registration form and ability to have vendors maintain their profiles. c. Complete management tools access to all users (i.e. buyers, project managers...). d. Customer specific database, e. Complete bid management from bid submission to awe -ding. f. Electronic bidding - Vendors submit bid quotes /responses online; Buyers analyze bid responses and award. g, Daily backups. h. PB SystemTM users and vendor support for the duration of the contract. 3. Professional Services PlanetBids will provide consulting services for custom reports or PB SystemTm customizations, specific to Customer, not covered by this Statement of Work at an additional charge. Additional consulting services requested in writing by Customer will be billed at a rate of $125 /hour, billed in 1 hour increments. No work will begin on professional services before a mutually agreed - upon statement of work is completed. All on -site travel expenses will be passed- through to Customer. No travel will be expensed without the prior approval of Customer's management. 4. Help Desk The PlanetBids Help Desk is available for "Level 2" support (as defined below) via our toll -free telephone number from 8:O0am to 5:O0pm PST, Monday through Friday. Email Support, support @PlanetB!ds.com as well as on -line help services are also available, Customer will be responsible for all "Level 1" support: • A level 1 support representative will attempt to answer most or all questions, including help to vendors with simple problems (edit profile, etc.) or general "how -to" questions (search functionality, bidding, etc.). More complex, technical questions should be directed to a PlanetBids level 2 support representative. A PlanetBids representative will be responsible for "Level 2" support: • A Level 2 support is more technical in nature. Level 2 questions may, for example, deal with Customer users (i.e. PB Systemlm administrative users including buyers, project administrators, etc.) or with password issues requiring special assistance, or with possible product bugs or failures. In this case, some research and investigation may be required. 5, Additional Modules - The Advanced eBidding add -on module (to the Bid Management module) for Bids and RFPs. - The Emergency Operations module license is available to all agency users and to be assigned by Customer. 10 ©2000 -2016 PlanetBids, Inc. (818) 992 -1771 25J -14