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HomeMy WebLinkAbout25-Public Services l /5 ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Resolution of the Mayor and Common Council of the City of San Dept: Public Services Bernardino authorizing the execution of an Agreement and issuance of an Date: December 14, 2007 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. Meeting Date: January 7, 2008 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution ignature Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Ward: All Staff Report, Resolution, Vendor Services Agreement, and Bid Summary Sheet FUNDING REQUIREMENTS: Amount: $ 14,600.00 Source: FY 07-08 Account 132-431-5502 Professional/Contractual Services Finance:in Council Notes: � sd °�Oo�_ 1 Agenda Item No. //-7/09 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: 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. Background: The City of San Bernardino, Public Services Department, Streets Division is responsible for maintenance and repair of asphalt and concrete pavement, sidewalks, curbs, gutters, street signs, streetlights, street trees, sewer mains, storm drains, and traffic signals and signs. The Streets Division also maintains the right-of-way, provides graffiti removal, and sweeps the City streets and parking lots of City maintained parks. The City has an inventory of approximately 800 miles of paved road. The Public Services Department, Streets Division has identified the need to utilize a computer system to track, monitor and store important information regarding its operations. The goal of the Computerized Work Order Tracking System is to maintain a detailed record of all maintenance that is completed in order to ensure a routine maintenance program for the City. On October 23, 2007 a Request for Proposals (RFP F-08-09) was initiated to solicit bids for a Computerized Work Order Tracking System. Notices of bids were mailed to the Chamber of Commerce and three (3) vendors. Four (4) vendors responded with bids. Sungard/THE and CHS Software, Inc., the current vendor, did not submit a bid. The vendor, business location, and price quote are listed below. Vendor Location BID Aleier, Inc. Plano, TX $207,287.00 annually Ventus Solutions El Segundo, CA $152K 1S' year/ $24,000 annually Azteca Systems Sandy, UT $15,000.00 annually iWorQ Systems, Inc. Logan, UT $14,600.00 1St year/ $12,600.00 annually Sungard/THE Lake Mary, FL Non-responsive CHS Software, Inc. Redlands, CA Non-responsive The other vendors charge more for the same service. The Computerized Work Order Tracking System from iWorQ, Inc. will allow the Streets Division to efficiently track requests from citizens, employee productivity, and the cost of materials and equipment. There is no additional cost for computer equipment since the database is housed and maintained at the iWorQ headquarters in Logan, Utah and will be available via the Internet. In addition, there is no additional cost for upgrades to the iWorQ system. The iWorQ system will integrate the City's GIS map and will compliment the GovOutreach system currently in development by the City Manager's Office. Staff has checked references on this product and recommends approval of the system. The current work order tracking system from CHS Software, Inc. has been in use since 1999. It is not able to provide many of the reports and pertinent information that are now required by State and Federal governments for hazardous materials spills and storm water protection. In addition, the system is not able to integrate the City's GIS map or GovOutreach system. Since iWorQ Systems, Inc. submitted the lowest bid, Public Services is requesting an Annual Purchase Order in the amount of $14,600.00 for the first year and $12,600.00 for every year thereafter. Financial Impact: Funding for this purchase is contained in the Streets Division FY 07-08 budget, Account Number 132-431-5502 Professional/Contractual Services in the amount of$14,600.00. Recommendation: Adopt Resolution. �. � a p —1 r �t -I (n r O O co m 2 1 c) o;_{ �a © , c ° z m D o p D p m m m y m W m m n z n n m D � O0 (D K O T Im Z Z � � D co m m I D o- r --I ° r ° cn O z z mQ ° z m m z p p � (n C/) 0 C r Z -1 m m z n m z O .� I'D R,i = z �a `IN z c G� m oo c m cn 2 D/\ c z m z O D W > n O r m � N a o N o C o cn o o O p U. 0 z °° m ° z C m o ° m D D `n E z 3 n z O r n �_ N U' m U. m -� `� „ N r C) cn Cl) G cn o m °o C) m 0 < m o x o G) r m OC z Cl) m z z C C > z 0 m D Cl) 0 Oz CL D ;u r- Z C) Z < D 90 T m D w z r�, �, z o F- is , D c m o n m (n m O o m � U) " v z D c � Z m D Z D Z Cl) �7 m D < cn D (n °o -a c ai n m zz C) -� m m r m (n c O ;o m o --j D m � Ul co ul Z m r- m G) m z D �' m X CD ° Z c D 0 = w Q �7 m cn �D z z -a 00 m D m C --4 co x n �p p co v' °� °o COPY 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 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. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That iWorQ Systems, Inc. submitted the lowest bid for 8 Computerized Work Order Tracking System services per bid specification RFP-F-08- 9 09. 10 11 SECTION 2. The City Manager of the City of San Bernardino is hereby 12 authorized to execute on behalf of said City a Vendor Services Agreement between 13 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 15 forth at length. 16 SECTION 3. That pursuant to this determination the Director of Finance or 17 18 his/her designee is hereby authorized to issue an Annual Purchase Order to iWorQ 19 Systems, Inc. for a total amount of $14,600.00 for the first year and $12,600.00 for 20 every year thereafter. 21 SECTION 4. The Purchase Order shall reference this Resolution No. 2008- 22 and shall read, "iWorQ Systems, Inc. for Computerized Work Order 23 Tracking System services." P.O. No. not to exceed $14,600.00" and shall 24 25 incorporate the terms and conditions of the Purchase Order; and 26 27 28 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. 4 SECTION 5. The authorization to execute the above referenced Annual 5 Purchase Order is rescinded if it is not issued within sixty (60) days of the passage of 6 7 this resolution. 8 9 10 11 HI 12 13 14 15 16 17 18 19 20 21 22 /// 23 /// 24 25 26 27 28 a 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. 4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 Mayor and Common Council of the City of San Bernardino at a 6 7 meeting thereof, held on the day of 2008, by the 8 following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of 22 , 2008. 23 Patrick J. Morris, Mayor 24 City of San Bernardino Approved-as to Form: 25 By: I 26 14 a- "- 4� 27 James F. dnman, City Attorney 28 EXHIBIT A 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 7th day of January 2008, by and 3 between iWorQ Systems, Inc. ("VENDOR") and the City of San Bernardino ("CITY" or "San 4 Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 8 and in the best interest of the CITY to contract for computerized work order tracking system 9 services utilized by the Public Services Department, Streets Division; and 10 WHEREAS, the City of San Bernardino did solicit and accept Request For Proposals 11 (RFP's) from a number of vendors for computerized work order tracking system services. 12 NOW,THEREFORE, the parties hereto agree as follows: 13 1. SCOPE OF SERVICES. 14 15 For the remuneration stipulated, San Bernardino hereby engages the services of 16 VENDOR to provide computerized work order tracking system services per RFP F-08-09, 17 attached hereto, marked Exhibit "1" and incorporated herein by this reference as fully as 18 though set forth at length. 19 2. COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 21 22 pay the VENDOR$1,216.66 per month, up to the amount of$14,600.00 for the first 23 year and $12,600.00 for every year thereafter for computerized work order tracking 24 system services as set forth on page 1 of Exhibit "1," attached hereto and 25 incorporated herein by this reference. 26 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 27 28 1 3. TERM; SEVERABILITY. 2 The term of this Agreement shall be for a period of three(3) years. 3 This Agreement may be terminated at any time by thirty (30) days' written notice by 4 either party. The terms of this Agreement shall remain in force unless mutually amended. The 5 duration of this Agreement may be extended with the written consent of both parties. 6 7 4. INDEMNITY. 8 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and 9 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from 10 CITY's negligent acts or omissions arising from the CITY's performance of its obligations 11 under the Agreement. 12 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and 13 14 volunteers from any and all claim, actions, or losses, damages and/or liability resulting from 15 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its 16 obligations under the agreement. 17 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any 18 claim, action, loss, or damage which results from their respective obligations under the 19 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this 20 21 comparative fault. 22 5. INSURANCE. 23 While not restricting or limiting the forgoing, during the term of this Agreement, 24 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 25 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 26 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 27 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 28 1 additional named insured in each policy of insurance provided hereunder. The Certificate of 2 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 3 termination in the policy. 4 6. NON-DISCRIMINATION. 5 In the performance of this Agreement and in the hiring and recruitment of employees, 6 7 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 8 discrimination in employment of persons because of their race, religion, color, national origin, 9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 10 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 11 12940 of the California Government Code. 12 7. INDEPENDENT CONTRACTOR 13 14 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 15 purposes VENDOR shall be an independent contractor and not an agent or employee of the 16 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 17 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 18 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 19 employees, and all business licenses, if any are required, in connection with the services to be 20 21 performed hereunder. 22 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 23 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 24 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, 25 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 26 to practice its business or profession. 27 28 1 9. NOTICES. 2 Any notices to be given pursuant to this Agreement shall be deposited with the United 3 States Postal Service, postage prepaid and addressed as follows: 4 TO THE CITY: Public Services Director 5 300 North"D" Street San Bernardino, CA 92418 6 Telephone: (909) 384-5140 7 TO THE VENDOR: iWorQ Systems, Inc. 8 190 E. Center Logan, UT 84321 9 Telephone: (435) 755-5126 Contact: Garyn Perrett 10 10. ATTORNEYS' FEES. 11 12 In the event that litigation is brought by any party in connection with this Agreement, 13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 17 18 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 19 fees" for the purposes of this paragraph. 20 11. ASSIGNMENT. 21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 22 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 24 and shall constitute a breach of this Agreement and cause for the termination of this 25 26 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 27 28 P,. 1 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 2 hereunder for the term of this Agreement. 3 12. VENUE. 4 The parties hereto agree that all actions or proceedings arising in connection with this 5 Agreement shall be tried and litigated either in the State courts located in the County of San 6 7 Bernardino, State of California or the U.S. District Court for the Central District of California, 8 Riverside Division. The aforementioned choice of venue is intended by the parties to be 9 mandatory and not permissive in nature. 10 13. GOVERNING LAW. 11 This Agreement shall be governed by the laws of the State of California. 12 14. SUCCESSORS AND ASSIGNS. 13 14 This Agreement shall be binding on and inure to the benefit of the parties to this 15 Agreement and their respective heirs,representatives, successors, and assigns. 16 15. HEADINGS. 17 The subject headings of the sections of this Agreement are included for the purposes of 18 convenience only and shall not affect the construction or the interpretation of any of its 19 provisions. 20 16. ENTIRE AGREEMENT; MODIFICATION. 21 22 This Agreement constitutes the entire agreement and the understanding between the 23 parties, and supercedes any prior agreements and understandings relating to the subject manner 24 of this Agreement. This Agreement may be modified or amended only by a written instrument 25 executed by all parties to this Agreement. 26 27 28 1 VENDOR SERVICE AGREEMENT 2 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 3 4 and date set forth below. 5 Dated: , 2008 VENDOR 6 By: 7 Its: 8 Dated , 2008 CITY OF SAN BERNARDINO 9 By: 10 Fred Wilson, City Manager 11 12 Approved as to Form: 13 %, � �-. 14 B, lL 15 James F. Idiman, City Attorney 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT UP/ I TU 1.0 Quote City of San Bernardino, CA hereafter known as"customer"enters into the following service agreement with IWORQ SYSTEMS located at 190 E Center,Logan,Utah 84321. Customer will pay an annual service fee for the services listed below: Application Cost Billin Pavement Mara ement $250 Per/Mo Prices based on the following Work Management w/Ma $250 Per/Mo Citizen Link* n/c Miles of paved road: less than 800 Concrete Pavements and Signs $250 Per/Mo Sewers, Signals, Street Lights $150 Per/Mo Trees, Drains, Sweeping, Right of Way, $150 Graffiti,and two additional generic Per/Mo asset trackers to be named later. Service Cost Billin On Phone Support and Training Free Total: $12600 Per!Year Assessment-Pavements see addendum $44000 On site training (optional) $ 1000 Per/flay plus travel One time setup fee $ 1000 f *The Citizen Link application is provided at no additional charge provided that the customer understands that ! selective cancellation of either Pavements or Work Management would not decrease the annual fee for this agreement. And, also,the signed agreement must be received by August 31"2007. **This quote was provide at the request of customer on July 31, 2007, and is good for 32 days. i 1.0 Service Agreement Guidelines Getting Started To begin service, a purchase order(if required by department policy) for the total amount above along with this signed service agreement must be sent via mail or faxed to: ! IWORQ SYSTEMS j PO BOX 3784 Logan,Utah 84323 Fax 435-487-9285 P 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 Traininlr Phone training and startup guides are provided as part of this service agreement. These training tools include detailed help files,training manual, start-up guides, and more. 1 1.3 Data Ownership All customer data remains the property of customer. In the event of customer cancellation 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 f cost to all of our customers. These updates and or upgrades require no installation or integration for the customer. 2.2 Free Sup p i 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-pp 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, QC/QA plans,and more 4.0 Signature and Billing Info 4.1 Signature Signature of this agreement is based on the understanding and acknowledgement of the terms and conditions stated within this service agreement. Name(signature) Organization Title f 4.2 Billing Info f Address Phone City State ZIP Cell ph i Attention: *Person in charge of paying invoices PO# (if required) Service to begin on(date) Date: Tax exempt ID# 2 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 inventory 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 application 7. The information and data required for budgeting and planning The project 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. Tale 1. Inventory and Distress Identification Breakdown Task Quantity Description Cost Total I 0 20 days Field Condition Assessment, Hotel, Food, Equipment, one $1000/Day $20,000 (; erson. Data Management, QC/QA 2 4 days Travel,Data Management for one person $500/da $2,000 2w 20 days Field Condition Assessment,Hotel,Food,Equipment,one $1000/day $20,000 rson,Data Management, QC/QA 2 4 days Travel,Data Management for one person $500/day ,000 TOTAL ; 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. j 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 3 RFP F-08-09 PRICE FORM REQUEST FOR RFP: RFP F-08-09 DESCRIPTION OF RFP: Computerized Work Order Tracking System OFFEROR(S) NAME/ADDRESS: �� ALW tit / DESCRIPTION PRICE 1. Maintenance, House, Education/Training & Backup Of System Scar + e- ci%Y-e—e- $ Ca OQ @� �Je Lv 2. Optional On-Site Training by Request $ 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. 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