HomeMy WebLinkAbout2008-100
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RESOLUTION NO. 2008-100
RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION. OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $73,750 FOR THE
REMAINDER OF FY 07-08 AND $295,000 PER YEAR FOR EVERY YEAR
THEREAFTER, WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S
OPTION BETWEEN THE CITY OF SAN BERNARDINO AND JIMNI SYSTEMS, INC.
FOR liFT STATION MAINTENANCE AND REPAIR SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY
OF SAN BERNARDINO AS FOllOWS:
WHEREAS, that Jimni Systems, Inc. submitted the lowest bid for lift station
maintenance and repair services per Bid Specification RFP-F-08-05; and
SECTION 1. That the City Manager is hereby authorized to execute on behalf
of said City a Vendor Service Agreement between the City of San Bernardino and
Jimni Systems, Inc., a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length; and
SECTION 2. That pursuant to this determination the Director of Finance or
his/her designee is hereby authorized to issue a purchase order in the amount of
$73,750 for the remainder of FY 07-08 to Jimni Systems, Inc for a total amount of
$73,750.
SECTION 3. The Purchase Order shall reference this Resolution No. 2008-
100 and shall read, "Jimni Systems, Inc. for lift station maintenance and repair
, not to exceed $73,750" and shall incorporate the
services. P.O. No.
terms and conditions of the Agreement.
SECTION 4. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not issued within sixty (60) days of the
passage of this resolution.
2008-100
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 7th day of April 2008, by and
between Jimni Systems, Inc. ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino") .
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for lift station maintenance and repair services;
and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for lift station maintenance and repair services.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the servIces of
VENDOR to provide lift station maintenance and repair services of all CITY lift stations as set
forth in RFP F -08-05 and incorporated herein by this reference as fully as though set forth at
length.
2. COMPENSATION AND EXPENSES.
a. F or the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR $73,750 for the initial term from April 7, 2008 through June 30,
2008, and up to $295,000 for each additional term as set forth in paragraph 3 for lift
station maintenance services as set forth on RFP F-08-05, attached hereto and
incorporated herein by this reference. No other expenditures made by VENDOR
shall be reimbursed by CITY.
EXHffiIT "A"
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3. TERM.
This Agreement will be effective on or about April 7, 2008 through June 30, 2008 with
three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
effective July 1, 2008 through June 30, 2009. Option year two, if exercised, shall be effective
July 1, 2009 through June 30, 2010. Option year three, if exercised, shall be effective July 1,
2010 through June 30, 2011.
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 andlor 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 andlor 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 andlor 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.
III
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5. INSURANCE.
While not restricting or limiting the foregoing, 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
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 of the 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.
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2008-100
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 licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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:
Jimni Systems, Inc.
25295 Cinnamon Rd.
Lake Forrest, CA 92630
Telephone: (949) 770-7654
Contact: Jim Pleasants
9. 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.
III
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10. 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
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
11. 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.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. 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.
14. 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.
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VENDOR SERVICE AGREEMENT
JIMNI SYSTEMS, INC.
15. 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.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated4/d :112008
Dated ~ 9 , 2008
VENDOR
B'
Its:
Approved as to Form:
2008-100
RFP F -08-05
Equipment:
Bidder shall complete right-hand column i~dicating specific size
and or make and model of all components when not exactly as
specified. State "As Specified" if item is exactly as set forth in the
left-hand column.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
Description
1. LIFT STATION MAINTENANCE STANDARDS
The vendor will be responsible for the following:
A. Visual inspections once a week for all 12 lift
stations throughout the City of San Bernardino
B. 4 of the 12 lift stations must have their filters
cleaned once a week on Fridays. (The 4 lift
stations are: Fairway, Colton, Carousel and May
Co.)
C. Exercise all gate valves weekly
D. Check backup batteries once per week
E. Voice message status, voice dialer once per
month visual and operations check
F. Check backup battery - 9 volt weekly
G. Check backup battery - 12 volt weekly
H. Check wet wells for solids and grease once per
week
I. Check bubblier pumps once per week
J. Switch from one pump to back up pump to
check operation of both pumps and pressure
output twice per month
K. Lubricate bubblier pumps weekly
L. Grease pumps twice per year
M. Visual and operational check of air relief valves
twice per year
N. Check pump belts for wear monthly
O. Fill oil for mechanical seals every 6 months
P. Clean stations once a month
Q. 1-hour emergency response to lift stations
ala rm s
R. Accompany city staff for safety inspections twice
a year
Acceptable I as specified
Items A thru Pa.re Acceotlble
Item Q Please S,ee Attachert ExceDtion
Item R is Acceotable
2008-100
S. Check the areas around the lift stations once a
week and check for graffiti, vandalism and weed
control (Please report to city staff if you see any
of the above).
2. PARTS & EMERGENCY SERVICE
A. Materials shall not be included in the Request
for Proposals. Approval from City staff IS
required before materials can be added to the
service charge.
B. Emergency response (24 hours per day, 7 days
per week). A cost per hour per emergency shall
also be proposed.
3. STANDARDS OF PERFORMANCE
Services shall be performed under the Contract in a
skillful and competent manner; consistent with the
standards generally recognized as being employed
by professionals in the same discipline in the State
of California. The vendor represents and maintains
that it is skilled in the professional calling necessary
to perform the Services. The vendor warrants that
all employees and subcontractors shall have
sufficient skill and expenence to perform the
Services assigned to them.
4. QUALIFICATIONS/LICENSES
The vendor represents that it, its employees and
subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that
are legally required to perform the Services,
including a City business License, and that such
licenses and approvals shall be maintained
throughout the term of this Contract.
5. SUBCONTRACTORS
The vendor must disclose all subcontractors prior to
being awarded the bid.
6. EQUIPMNET. PERSONNEL AND SUPPLIES
RFP F-08-05
Acceotebll
"
Acceotable
Acceotable
AcceDtable
AcceDtable
Acceotable
2008-100
The vendor will provide all equipment, and trained
personnel to provide timely maintenance and
inspections. Provide a feedback mechanism to
keep the City informed on the status of
maintenance and suggested repairs.
7. FIXED FEE
Provide a pricing proposal that is a fixed fee per lift
station per month for all related maintenance and
inspections. This category does not include
emergency costs.
8. EXPERIENCE
The vendor shall have a minimum of five (5) years' e
providing quality maintenance inspections and repair
lift stations. The City of San Bernardino desires a ve
considers lift station maintenance a high priority.
9. CONTRACT LENGTH
The length of this contract shall be for one year with
three-year one year extensions at the City's option.
10. REFERENCE LIST
Provide three (3) local government agencies and/or
company's previous or current contact references
that support your ability to provide lift station
maintenance inspections and repairs.
11. CONTRACTOR NON-COMPLIANCE
A. If the Public Services Department Director, or
his designee, determines that there are
deficiencies in the performance of this
Agreement, the Public Services Director, or his
designee, will provide a written notice to the
vendor stating the deficiencies and specifying a
time frame to correct the specified deficiencies.
This time frame shall be reasonable, as
determined by the Public Services Department
Director, or his designee, to correct the
specified deficiencies.
RFP F -08-05
Acceotable
Acce"table
Acceotable
Ac c.ep.tab'e
Acceotable
2008-100
RFP F-08-05
!2.:. Should the vendor fail to correct any
deficiencies within the stated time frame, the
Public Services Department Director, or
designee, may exercise the following
measures:
1. Deduct from the vendor's payment the
amount necessary to correct the
deficiency, including City overhead costs
and impose a deficiency deduction.
Accentable
2. Withhold the entire or partial payment
3. Terminate the contract
2008-100
City of San Bernardino
Lift Station Maintenance Contract Requirements:
"
1. 2x a week station visual inspections.
2. Filter cleaning Ix per week on 4 stations
Fairway
Colton
Carousel
May Co.
3. Exercise gate valves weekly
4. Check backup batteries Ix per week
5. V oice dialer 1 x per week visual and operations check.
Check backup battery-9 volt
Check backup battery-12 volt
Voice message status
6. Check wet wells for solids and grease 2x per week/spray yearly for
cockroaches
7. Visual and operations check of sump pumps
8. Check bubblier pumps 2x per week. Switch from one pump to backup
to check operation of both pumps and pressure output.
9. Run backup engines/generators 1 x per week. 1 x per week check fluid
and fuel levels.
10. Check areas around lift stations weekly.
11. Lubricate air pumps monthly.
12. Grease pumps 2x yearly.
13. Visual and operational check of air relief valves 2x yearly.
14. Check pump belts for wear monthly.
15. Fill oil for mechanical seals every 6 months.
16. Clean station 2x per month. .
17. Lift station painting as necessary.
18. I-hour emergency response to lift station alarms.
2008-100
PRICE FORM
REQUEST FOR RFP:
RFP F-08-05
RFP F -08-05
DESCRIPTION OF RFP:
Lift Station Maintenance Program
OFFEROR(S) NAME/ADDRESS JIM w \ :S151E/I/{~ I,JL ,
~S;(~~ t!/AlNA:HDAI ReM
~ FDRe:5r; L!A 9Z03o
-.JlM 9LeA8NJ'7S, P~/~
I
ANNUAL PURCHASE ORDER
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.
Option year one, if exercised shall be effective July 1, 2008 through June 30, 2009.
Option year two, if exercised shall be effective July 1, 2009 through June 30, 2010.
Option year 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.
I. LOCATIONS
1 Carousel Mall - between 320 and 334 North "E" St.
2. May Co.- South West Corner of Inland Center Mall
3. Colton - east of 841 Colton Ave.
4. Fairway - corner of Fairway and Auto Plaza
5. Airport - in front of 1894 Commerce Center Drive
6. Valley'Truck Farm - in front of 1002 Washington St.
7. Allen St.- in front of 741 Allen St.
8. . Pine St.- 2403 Christine St.
COST PER MONTH
/87~SD
I ~.l7" 'fi50
J
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oJ eo
2008-100
9. City Hall - 300 North "0" St Basement
10. Meridian - north of Randall on Meridian
11. Macy - north of 1695 Macy St.
12. Riverwalk - corner of Riverwalk Dr. and Scenic Dr
II. OTHER
1. Emergency Costs Per Hour per Emergency
III. SALES TAX (7.75% + 0.25% where applicable)
RFP F -08-05
DO
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F..$/
2008-100
Co.nYL ~PSft Sfl!NIrrft~
(})1sqt}q (Y.(
. . . an Independent Special (})istrict
To whom it may concern
10/29/07
On Dec 1 2005 the district signed an agreement with the lIMN! SYSTEMS Inc.
to be our regular /emergency maintenance contractor at our 20 Sewage Pumping
Stations. This contract called for routine maintenance, repairs and upgrades. It
also called for emergency response and repairs at any given time. The District
has pump stations varying in size from 1 ~ hp. to over 60 hp.
We are now in our second contract year and to the date the lIMNI SYSTEMS
has exceeded our expectations and requirements in our contract. They have been
able to provide highly qualified personnel able to repair, diagnose and offer
sound advice on upgrading.
During all emergency calls (which of course has happened) Day, Night and
Weekend's. lIMN! has been able to respond in less than the allotted contract
time, with proper equipment and properly trained personnel able to handle all
emergencies quickly, promptly and efficiently.
In my opinion; lIMN! SYSTEMS has more then met their Requirements as a
contractor ofC.M.S.D. and I think they should be recommended to anybody that
needs their services.
Sincerely
Karl Dulake
Maintenance Supervisor Costa Mesa Sanitary District
(714) 337-3535
CJlrotectinn our community's Iiea[tli 6y provitfinn soM waste anti sewer collection services
cmstfca.SOfJ
.~;:.:: }',-~..~jr~~~~\~~i:~i{~;~~~~I:'~~ld~i:;(~'.::~'~,\~,,\ ;~~',.'~ .;' .:. _ .,',-" .,c..... . :..... .'~ . '.. . ",' ',' .,'. . -:. -- .... . .' '. "'"" .' _ . : ....:.: " - ,..... .:~. ~;' :~' ~./:~:~~f~.
October 31, 2007
To Whom It May Concern:
JIMINI SYSTEMS, INC., has been working with the City of Seal Beach for at
least the last three years. We have been quite pleased with their
performance and feel comfortable with them doing work in our sewer lift
stations. Their service technicians are qualified and are very cooperative
with Seal Beach personnel. In addition, JIMINI SYSTEMS, INC., is a
dependable company that has always responded to our emergencies within
our requested timeline of two hours.
JIMINI SYSTEMS, INC., has been very beneficial to the City of Seal Beach,
and I recommend them to any City or Agency that would need this type of
service.
Sincerely,
"c. -l -1," .,\
-' ~~/"-J
Jeff~tW.\ / .
Manager of Maintenance Services