201 S. Anaheim Blvd.
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Anaheim, CA 92805
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www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
PUBLIC UTILITIES DEPARTMENT
DATE: OCTOBER 24, 2023
FROM: PUBLIC UTILITIES DEPARTMENT
SUBJECT: SOFTWARE SERVICES AGREEMENT FOR WATER
PROTECTION COMPLIANCE SYSTEMS
ATTACHMENT (Y/N): YES ITEM # 13
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Motion:
1) Approve a Software Services Agreement (Agreement) between the City of Anaheim (Anaheim) and SwiftComply, Inc. (Consultant) to upgrade Anaheim’s water protection compliance systems containing the following terms: an annual subscription cost of $25,000 with a 5% annual escalator for user licenses and ancillary support and maintenance; an annual not-to-exceed amount of $45,000 for initial system implementation and ongoing, as-needed professional software engineering services; a 10% contingency for needed, unforeseen extra services; and a 1-year term with automatic annual renewals; and
2) Authorize and direct the Public Utilities General Manager or designees, on behalf of Anaheim, to execute and deliver the Agreement and any related documents, including any work orders or order forms as referenced in the Agreement; to update the Agreement’s Exhibit A (Scope of Services); and to take such actions as are necessary or advisable to implement, fund, and administer the Agreement.
DISCUSSION:
At its meeting on September 27, 2023, the Public Utilities Board (PUB) recommended that the City Council approve the Agreement with SwiftComply, Inc.
Anaheim Public Utilities (APU) maintains a comprehensive Cross Connection Control (CCC) Program to protect Anaheim’s water distribution system from pollution and contamination from customer-owned equipment and industrial processes. The main protection measure is to require backflow prevention devices that restrict potentially contaminated water from entering into public water mains. APU administers the CCC Program and monitors the installation, testing, maintenance, and reporting of approximately 10,000 customer-owned backflow prevention devices across Anaheim.
Specialized software that APU relies on to implement the CCC Program needs to be upgraded to better protect the water system and meet State water regulation compliance.
Software Services Agreement for Water Protection Compliance Systems October 24, 2023
APU’s current software system is an on-site system that has been in operation since 1997. In 2019, the Consultant purchased the software system and announced in 2022 that it would discontinue the product line and replace it with a new, cloud-based software solution called SwiftComply. The Consultant gave notice that the older system would no longer be supported and, as such, APU’s current maintenance agreement will expire in April 2024 and will not be renewed.
APU conducted a review of similar software solutions and interviewed other public water agencies to determine the scope of work involved to replace APU’s current software. Based on this analysis, APU determined that the cost and time to integrate a new software platform would require extensive data migration and software integration, which would significantly impact APU’s current compliance activities.
APU recommends upgrading to SwiftComply as a cost-effective software solution, which includes new features that will significantly improve APU’s ability to track and monitor data flows between APU, its customers, and customers’ backflow testing contractors; improve communications through automated rather than manual customer notifications; streamline the receipt and processing of test reports by allowing for electronic submission from backflow testing contractors; and standardize the annual compliance reports that APU submits to the State Water Resources Control Board.
The Agreement includes an annual subscription cost of $25,000 with a 5% annual escalator for unlimited user licenses and ancillary support and maintenance; an annual not-to-exceed amount of $45,000 for initial configuration, cloud migration, system implementation, and training, followed by ongoing, as-needed professional software engineering services; and a 10% contingency for needed, unforeseen extra services. The term of the Agreement is for one year, commencing upon operation of the software system with automatic annual renewals unless terminated by either party.
IMPACT ON BUDGET:
Sufficient funds are budgeted in APU’s Fiscal Year 2023/24 restricted Water Utility Fund budget. Future years are subject to City Council approval of budget appropriations.
Respectfully submitted,
Dukku Lee
Public Utilities General Manager
Attachment:
1. Software Services Agreement