HomeMy WebLinkAbout2009-054
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RESOLUTION NO. 2009-54
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT
AND ISSUANCE OF A NEW PURCHASE ORDER IN THE AMOUNT OF $14,000 TO
IWORQ SYSTEMS INCORPORATED FOR THE ESTABLISHMENT OF REMOTE
DATA COLLECTION IN THE SEWER MAINTENANCE AND GRAFFITI REMOVAL
SECTIONS OF THE PUBLIC SERVICES DEPARTMENT.
WHEREAS, iWorQ Systems Incorporated is the proprietary vendor of the work
order tracking system used by the Public Services Department, Street Division; and
WHEREAS, the establishment of remote data collection in the sewer
9 maintenance and graffiti removal sections will allow the field crews to close out work
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orders as they complete work in the field and enhance productivity.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
12 OF SAN BERNARDINO AS FOLLOWS:
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said City a new Agreement between the City of San Bernardino and iWorQ Systems
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SECTION 1. That pursuant to Municipal Code 3.04.010 (B) (3) the City
Manager of the City of San Bernardino is hereby authorized to execute on behalf of
17 Incorporated, a copy of which is attached hereto, marked Exhibit "A" and incorporated
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herein by reference as fully as though set forth at length.
SECTION 2. That pursuant to this determination the Director of Finance or
his/her designee is hereby authorized to issue a new Purchase Order to iWorQ
Systems Incorporated in the amount of $14,000.
SECTION 3. The new Purchase Order shall reference this Resolution No.
ZtkJf-s1 and shall read, "iWorQ Systems Incorporated for the establishment of remote
25 data collection in the Sewer Maintenance and Graffiti Removal sections, P.O. No.
26 , not to exceed $14,000" and shall incorporate the terms and conditions of
27 the agreement.
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2009-54
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT
2 AND ISSUANCE OF A NEW PURCHASE ORDER IN THE AMOUNT OF $14,000 TO
IWORQ SYSTEMS INCORPORATED FOR THE ESTABLISHMENT OF REMOTE
3 DATA COLLECTION IN THE SEWER MAINTENANCE AND GRAFFITI REMOVAL
SECTIONS OF THE PUBLIC SERVICES DEPARTMENT.
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5 SECTION 4. The authorization to execute the above referenced Purchase
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Order increase and Agreement is rescinded if it is not executed by both parties within
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sixty (60) days of the passage of this resolution.
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2009-54
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A NEW AGREEMENT
2 AND ISSUANCE OF A NEW PURCHASE ORDER IN THE AMOUNT OF $14,000 TO
IWORQ SYSTEMS INCORPORATED FOR THE ESTABLISHMENT OF REMOTE
3 DATA COLLECTION IN THE SEWER MAINTENANCE AND GRAFFITI REMOVAL
SECTIONS OF THE PUBLIC SERVICES DEPARTMENT.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a ioint regular
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meeting thereof, held on the
16th
, 2009, by the
March
day of
following vote, to wit:
9 Council Members:
AYES
NAYS
ABSTAIN ABSENT
10 ESTRADA
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x
BAXTER
x
x
BRINKER
14 VACANT
15 KELLEY
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16 JOHNSON
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x
MCCAMMACK
x
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()ul'lo.~
~~Iark, City Clerk
jj'm
.
The foregoing resolution is hereby approved this
March , 2009.
day of
.~,U~4LA~
Rikke Van Johnson, Mayor Pro Tem
City of San Bernardino
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25 Approved as to Form:
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ames F. Penman
City Attorney
2009-54
EXHIBIT "A"
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5 or "San Bernardino").
6 WITNESSETH:
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VENDORSER~CEAGREEMENT
This Vendor Service Agreement is entered into this 16th day of March 2009, by and
between iWorQ Systems Incorporated ("VENDOR") and the City of San Bernardino ("CITY"
WHEREAS, the Mayor and Common Council have determined that it is advantageous
and in the best interest of the CITY to contract for remote data collection in the Sewer
Maintenance and Graffiti Removal section of the City of San Bernardino; and
WHEREAS, the City of San Bernardino has determined that the vendor possesses the
professional skills and ability to provide said services for the City.
NOW, THEREFORE, the parties hereto agree as follows:
SCOPE OF SERVICES.
For the remuneration stipulated III Section 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its quote, attached
hereto, marked Attachment" I" and incorporated herein by this reference as fully as though set
forth at length.
COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $14,000 to provide and perform those
products and services described in Section 1 above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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EXHIBIT "A"
2009-54
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24 5. INSURANCE.
25 While not restricting or limiting the foregoing, during the term of this Agreement,
26 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
27 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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TERM.
The term of this agreement shall be for a period of one (1) year.
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.
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INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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EXHIBIT "A"
2009-54
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. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of policy.
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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.
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
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EXHIBIT "A"
2009-54
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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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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 Incorporated
190 E. Center
Logan, UT 84321
Telephone: (435) 755-5126
Attn: 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
22 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
23 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
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fees" for the purposes of this paragraph.
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EXHIBIT "A"
2009-54
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24 The subject headings of the sections of this Agreement are included for the purposes of
25 convenience only and shall not affect the construction or the interpretation of any of its
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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.
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 the
mandatory and not permissive in nature.
GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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.
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HEADINGS.
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2009-54
ENTIRE AGREEMENT; MODIFICATION.
EXHIBIT "A"
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 instrunJent
executed by all parties to this Agreement.
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EXHIBIT "A"
2009-54
VENDOR SERVICE AGREEMENT
IWORQ SYSTEMS INCORPORATED
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2009
Dated~~ / 'f , 2009
Approved as to Form:
,"--
:79- {2
Its: -4h~Jt~
CITY Of.
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I .
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EXHIBIT "A"
2009-54
"Attachment 1"
Development of a Web Application for the BlackBerry Phone
The design and development of the Web Application for BlackBerry Phones will start at your request and will
not exceed the estimated $14,000 dollars outlined below. The primary tasks and deliverable are listed below:
A. Primary Tasks
I. Identify the BlackBerry models that the web interface will be designed for.
2. Determine what fields will need to be searched
3. Determine what fields will need to be updated
4. Design screens with the functionality listed above
5. Develop applications
6. Test applications
7. Implementation
B. Primary Deliverables
I. Two custom application that will allow users to Search and View data on their BlackBerry Phone
2. An application that will allow users to update live data in the field using their BlackBerry Phone
3. Applications that work with your existing graffiti removal and sewer maintenance programs
The project will require two full time developers for approximately 3 weeks. The hourly rate for iWorQ custom
development is $75 . The table below shows the estimated cost by task:
TASK DESCRIPTION COST
1 Identify the BlackBerry models that the web interface will $0
. be designed for
2 Determine what fields will need to be searched $500.00
3 Determine what fields will need to be undated $500.00
4 Design screens with the functionalitv listed above $5000.00
5 Develop Applications (sewer, graffiti) $6000.00
6 Test Applications $1000.00
7 Implementation $1000.00
This quote was provided at the request of San Bernardino on February 22, 2009 and is good for 90 days. Please
contact Garyn Perrett at 435755-5126 if you have any questions.
Garyn Perrett, Manager iWorQ Systems