HomeMy WebLinkAbout2008-007
1 RESOLUTION NO. 2008-7
2 RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $14,600.00
-4 BETWEEN THE CITY OF SAN BERNARDINO AND IWORQ SYSTEMS, INC. FOR
COMPUTERIZED WORK ORDER TRACKING SYSTEM SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY
6 OF SAN BERNARDINO AS FOllOWS:
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Computerized Work Order Tracking System services per bid specification RFP-F-08-
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SECTION 1. That iWorQ Systems, Inc. submitted the lowest bid for
09.
SECTION 2. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City a Vendor Services Agreement between
the City of San Bernardino and iWorQ Systems, Inc., a copy of which is attached
14 hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set
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forth at length.
SECTION 3. That pursuant to this determination the Director of Finance or
his/her designee is hereby authorized to issue an Annual Purchase Order to iWorQ
Systems, Inc. for a total amount of $14,600.00 for the first year and $12,600.00 for
every year thereafter.
SECTION 4. The Purchase Order shall reference this Resolution No. 2008-
2008-7
and shall read, "iWorQ Systems, Inc. for Computerized Work Order
, not to exceed $14,600.00" and shall
Tracking System services." P.O. No.
incorporate the terms and conditions of the Purchase Order; and
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $14,600.00
3 BETWEEN THE CITY OF SAN BERNARDINO AND IWORQ SYSTEMS, INC. FOR
COMPUTERIZED WORK ORDER TRACKING SYSTEM SERVICES.
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SECTION 5. The authorization to execute the above referenced Annual
Purchase Order is rescinded if it is not issued within sixty (60) days of the passage of
this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $14,600.00
BETWEEN THE CITY OF SAN BERNARDINO AND IWORQ SYSTEMS, INC. FOR
COMPUTERIZED WORK ORDER TRACKING SYSTEM SERVICES.
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8 following vote, to wit:
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a Joint regular
7th
January
, 2008, by the
day of
meeting thereof, held on the
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER y
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
Q~h.~
Raa,el G. Clark, City Clerk
is hereby approved this /c:>r:N
day of
The foregoing resolution
January , 2008.
atri J. Morris, Ma
CI of San Bernardino
Approved as to Form:
By IcOtYrllaltu:iJ
James F. I nman, City Attorney
2008-7
EXHIBIT A
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of January 2008, by and
between iWorQ Systems, Inc. ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Connnon Council has determined that it is advantageous
and in the best interest of the CITY to contract for computerized work order tracking system
services utilized by the Public Services Department, Streets Division; and
WHEREAS, the City of San Bernardino did solicit and accept Request For Proposals
(RFP's) from a number of vendors for computerized work order tracking system services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the sefVIces of
VENDOR to provide computerized work order tracking system services per RFP F-08-09,
attached hereto, marked Exhibit "I" and incorporated herein by this reference as fully as
though set forth at length.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR $1,216.66 per month, up to the amount of $14,600.00 for the first
year and $12,600.00 for every year thereafter for computerized work order tracking
system services as set forth on page I of Exhibit "I," attached hereto and
incorporated herein by this reference.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of three (3) years.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
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additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 ofthe California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
iWorQ Systems, Inc.
190 E. Center
Logan, UT 84321
Telephone: (435) 755-5126
Contact: Garyn Perrett
10. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this' Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be govemed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: /w. t"7 , 2008
By:
Its: fie,; I 14M t;
Dated5!..c.o-. /&1 ,2008
Approved as to Form:
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By: ~. . . ...tiiJ
James F. an, City Attorney
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EXHIBIT "1"
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1.0 Quote
City .of San Bernardina, CA hereafter known as "custamer" enters inta the fallawing service agreement with
IWORQ SYSTEMS located at 190 E Center, Logim, Utah 84321. Custamer will pay an annual service fee far
the services listed belaw:
I C It
Pavement ement. $250 Per / Mo Prices based an the follawing
Wark M ement w/Ma $250 Per / Mo
Citizen Link* nlc Miles .of paved raad: less than 800
Concrete Pilvements and Sf s $250 Per / Mo
Sewe Si Is; Street L' s $150 Per / Mo
Trees, Drains, Sweeping, Right of Way, $150
Graffiti, and twa additianal generic Per / Mo
asset trackers to be named later.
On Phone S
rtand Tr . .
Free
$12600
$44000
$ 1000
$ 1000
Per/Year
Total:
Assessment - Pavements see addendum
On site training (.optional)
One time setu fee
Per / Day
IUltra1l8l
*The Citizen Link application is provided at no additianal charge provided that the customer understands that
selective cancellatian .of either Pavements .or Wark Management wauld nat decrease the annual fee fur this
agreement. And, also, the signed agreement must be received by August 31" 2007.
. **This quate was provide at the request .of custamer an July 31, 2007, and is gaad far 32 days.
1.0 Servke Agreement Guidelines
Getting Started
Ta begin service, a purchase .order (if required by department palicy) far the total amaunt above alang
with this signed service agreement must be sent via mail .or fuxed to:
IWORQ SYSTEMS
PO BOX 3784
Logan, Utah 84323
Fax 435-487-9285
Phone (435) 755-5126
1.1 Billing
IWORQ SYSTEMS will invoice customer .on an annual basis. Customer reserves the right to cancel
service at any time by providing iWorQ SystemS a 30 day written notice.
2.0 Service Agreement BenefitS
1.2 Training .
Phone training and startup guides are provided as part of this servkie agreement. These tr.iinip.g tools
include detailed help files, training manual, start-up guides, and more.
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1.3 Data Ownershio
All cust\lmer data remains the nronertv of customer. In the event of customer ClIlleellation of service
as stated in section 1.2, iWorQ Systems will e;.mail or send all customer data electronically or on disk.
2.0 No additional Cost
2.1 Free Updates
iWorQ Systems is an ASP (application service provider) therefore does not provide typical "version .
releases" as a software vendor may. Our applications are based on ''updates or upgrades" that are of no
cost to all of our customers. These updates and or upgrades require no installation or integration for the
customer.
2.2 Free SUODOrt
Support is provided as part of this service agreement. Training is available 5 days a week 8 hours a day
from 8:00 AM - 5:00 PM Mountain Standard Time.
2.3 Free Data Back-up
iWorQ Systems creates a back up of customer's data twice weekly.
3.0 Additional Services
3.1 Quotes For Additional Services
iWorQ Systems can provide quotes for additional services, at the request of the customer. These
Services include: Data collection, Pavement condition surveys, GPS training, GIS Analysis, Project
management, QClQA plans, and more .
4,0 Signature and Billing Info
4.1 Siunature
Signature of this agreement is based on the understanding and acknowledgement of the terms and
conditions stated within this service agreement.
Title
Name (signature)
Organization
4.2 BilIinll Info
Address
Phone
City
State
ZIP
Cell ph
Attention:
.PerSon in charge of paying invoices
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PO#
(if req~ed) Service to begin on ( date)
. Date:
Tax exempt ID #
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Addendum
Pavement Management Inventory and Pavement Distress Identification Quote
The inventory and pavement distress identification will be started at your request and will be completed in one
Month. The deliverables include:
1. A pavement segment mventory with a unique id associated to the San Bernardino Street centerline file.
2. A Pavement distress identification based on remaining service life (RSL), and the SHRP distress
Manual
3. A condition for each segment
4. A network pavement condition distribution
5. A recommended treatment for each pavement segment
6. A complete data set entered into the iWorQ Pavement Management appIication
7. The information and data required for budgeting and planning
The projc;:ct will require four Weeks of data collection for 2 crews. Each Crew will have a team member from
iWorQ and a Crew Member from San Bernardino. This estimate is based on 700 center line miles of road.
Tal)le 1. Inventory and Distress Identification Breakdown
Task Cost Total
1 $toOOlDay $20,000
2 $500/da $2 000
2 $toOO/day $20,000
2 $500/da $2,000
$44 000
The table above shows the cost for 2 people along with data entry, travel, food, equipment, time and overhead
for 4 weeks. The total cost of the project is $44,000.
To get started on this project iWorQ will require a letter of intent requesting iWorQ's assistance as well as the
acceptance of the estimated costs. iWorQ will not exceed the estimated costs. If San Bernardino needs any
references please call.' .
This quote was provided on July 27, 2007, at the Request of San Bernardino and is good for 30 days.
Garyn Perrett, Manager iWorQ Systems
435-755-5126 office
435-770-7707 cell
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2008-7
RFP F-08-09
PRICE FORM
REQUEST FOR RFP:
DESCRIPTION OF RFP:
RFP F-08-09
OFFEROR(S) NAME/ADDRESS:
Computerized Work Order Tracking System
fAlORI'( C; Y5 Trr~>
I 90 E ('"FAir-EA?
Lar-,A-N fAT R<:./?-zl
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DESCRIPTION
PRICE
3. VIAL -.\ ,\....... $-e.-4--f C ~ L
ANNUAL PURCHASE ORDER
$ /:2..) 10 00 .()O/yeo-v-
$ /; 0'00 .~/d.,.')
+ -f'r~
t/f /, 6-r":l (':)
1. Maintenance, House, EducationlTraining & Backup -.(
Of System .- ScAt < c- e.. Cl.. ~ V" c...l!. ""'-" - ~ .
2. Optional On-Site Training by Request
Effective on or about January 1, 2007 through June 30, 2008, plus three (3) single year
renewal options, for the City's full or partial requirements on an as needed basis, with
no guaranteed usage.
Ootion vear one, if exercised shall be effective July 1, 2008 through June 30, 2009.
Ootion vear two, if exercised shall be effective July 1, 2009 through June 30, 2010.
Ootion vear three. if exercised shall be effective July 1, 2010 through June 30, 2011.
Actual option year pricing shall be negotiated with the successful Proposer(s) prior to
exercising any given option year. Option years shall become effective only upon
issuance by the City of a duly authorized Purchase Order.
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