HomeMy WebLinkAbout18- Public Services
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
Bernardino authorizing the execution of
an Amendment to the Agreement and
an increase to Purchase Order Number
209289 by an additional $75,000 to
Jimni Systems, Incorporated for the
purchase of additional lift station
maintenance and repair services.
Dept: Public Services
Date: May 14, 2009
Meeting Date: June 1, 2009
Synopsis of Previous Council Action:
On April 7, 2008 - Resolution 2008-100 - the Mayor and Common Council of the City of
San Bernardino authorized 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, Incorporated for lift station maintenance and
. .
repair services.
Recommended Motion:
1.) Authorize the Director of Finance to amend the FY 08-09 adopted Public Services
Budget and transfer $75,000 from Account No. 132-431-5704 (Miscellaneous
Equipment) into account 132-431-5505 (Other Profess'on ices).
2.) Adopt Resolution.
Contact person: Ken Fischer, Director
Supporting data attached:
Staff Report, Resolution, Amendment
NO.1 to the Vendor Service Agreement
and Attachment "1"
Phone:
5140
1 ,3,5
Ward:
Source:
$75,000
FY 08-09
Account No. 132-431-5505
(Other Professional
Services ).
FUNDING REQUIREMENTS:
Amount:
Council Notes:
Finance:
~(J 2cJ09-/';;;"9
Agenda Item No. Ie
11-/"04
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 Amendment to the Agreement and an increase to Purchase Order
Number 209289 by an additional $75,000 to Jimni Systems, Incorporated for the
purchase of additional lift station maintenance and repair services.
Background:
The Public Services Department, Streets Division is responsible for maintaining 12 lift
stations throughout the City. Lift stations are used to elevate and transport wastewater
from homes and businesses across the City to a treatment plant for processing.
On April 7, 2008 per Resolution 2008-100, the Mayor and Common Council of the City
of San Bernardino authorized 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, Incorporated for lift station
maintenance and repair services per RFP- F-08-05. The parties are in option year one,
which expires on June 30, 2009.
It costs approximately $24,583 per month for lift station maintenance and repair
services. Since the City of San Bernardino has twelve (12) lift stations, staff anticipated
paying approximately $295,000 per year. Jimni was asked to evaluate the lift stations
as part of their agreement. After evaluating the condition of each lift station, Jimni made
several recommendations to improve the monitoring and function of each lift station.
Modification to the remote monitoring of the stations has been implemented. However,
before this was completed we experienced numerous evening call outs, which required
a response from Jimni to avoid a station failure. These additional call outs have
increased our costs. The $75,000 required is to cover the costs of the prior call outs
and cover any other additional costs for the balance of the option year 1, which is also
the fiscal year.
Staff is recommending use of savings from its operational budget, Account No. 132-
431-5704 (Miscellaneous Equipment) in the amount of $75,000. Staff will use these
funds for lift station maintenance and repair services for the remainder of FY 08-09.
Financial Impact:
A budget amendment is needed to fully fund for the lift station maintenance and repair
services, in the amounts of $75,000 for the remainder of FY 08-09.
Recommendation:
1.) Authorize the Director of Finance to amend the FY 08-09 adopted Public
Services Budget and transfer $75,000 from Account No. 132-431-5704
(Miscellaneous Equipment) into account 132-431-5505 (Other Professional
Services).
2.) Adopt Resolution.
21
22
23
1
2
3
4
5
6
7
8
9
10
11
12
13
14
RESOLUTION NO.
(C(Q)[pJ'l(
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE- AGREEMENT AND AN INCREASE TO PURCHASE ORDER NUMBER 209289
BY AN ADDITIONAL $75,000 TO JIMNI SYSTEMS, INCORPORATED FOR THE
PURCHASE OF ADDITIONAL LIFT STATION MAINTENANCE AND REPAIR
SERVICES.
WHEREAS, City and Jimni Systems are currently in the first option year of the
agreement for lift station maintenance and repair services; and
WHEREAS, the current Purchase Order of $295,000 needs to be increased by
$75,000 for a total Purchase Order amount of $370,000 to cover an unexpected
increase in cost of services in this option year.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Amendment to the Agreement between
15
the City of San Bernardino and Jimni Systems, Incorporated, a copy of which is
16
17
attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as
18 though set forth at length.
19 SECTION 2. That pursuant to this determination the Director of Finance or her
20 designee is hereby authorized to increase Purchase Order Number 209289 by
$75,000 to Jimni Systems, Incorporated for a total amount not to exceed $370,000.
SECTION 3. The Purchase Order shall reference this Resolution Number and
shall read, "Jimni Systems, Incorporated for lift station maintenance services.
24
25 Agreement not to exceed $370,000" and shall incorporate the terms and conditions of
26 the agreement.
27 /II
28
~\<b '\
\~o
{,,/
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT AND AN INCREASE TO PURCHASE ORDER NUMBER 209289
2 BY AN ADDITIONAL $75,000 TO JIMNI SYSTEMS, INCORPORATED FOR THE
3 PURCHASE OF ADDITIONAL LIFT STATION MAINTENANCE AND REPAIR
SERVICES.
4
5 SECTION 4. The authorization to execute the above referenced Purchase
6
Order increase and Amendment is rescinded if it is not executed by both parties within
7
8
sixty (60) days of the passage of this resolution.
9 1//
10 /II
11 III
12 III
13 III
14
15
16
17 III
18 III
19 III
III
III
20 III
21 III
22
23
24 III
III
25 III
26 I II
27 III
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT AND AN INCREASE TO PURCHASE ORDER NUMBER 209289
2 BY AN ADDITIONAL $75,000 TO JIMNI SYSTEMS, INCORPORATED FOR THE
3 PURCHASE OF ADDITIONAL LIFT STATION MAINTENANCE AND REPAIR
SERVICES.
4
5
6 Mayor and Common Council of the City of San Bernardino at a
7
8
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
meeting thereof, held on the
day of
, 2009, by the
following vote, to wit:
15 KELLEY
16
17
JOHNSON
MCCAMMACK
18
19
20
21
22
23
Rachel G. Clark, City Clerk
The foregoing resolution IS hereby approved this
,2009.
day of
24 Approved as to Form:
25
26
27
28
Patrick J. Morris, Mayor
City of San Bernardino
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this} st day of June 2009, by and between
Jimni Systems, Incorporated ("VENDOR") and the City of San Bernardino ("CITY"
or "San Bernardino").
RECIT ALS
A. On April 7, 2008, the Mayor and Common Council authorized 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, Incorporated for lift station maintenance and repair services
("Agreement"), a copy of which IS attached hereto as Attachment "}" and
incorporated by this reference.
B. The CITY and Jimni Systems are in the first option year of the Agreement and the
option year expires on June 30, 2009.
C. The CITY and VENDOR now desire to alter the Agreement to increase the amount
of the Agreement by $75,000 in this option year for a total not to exceed $370,000.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services Agreement,
the parties agree as follows:
1. Section 2 (a) of the Agreement is amended by striking $295,000 and adding
the term $370,000.
2. All other provisions of the written contract are reaffirmed as originally stated.
III
Exhibit "A"
]
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
JIMNI SYSTEMS, INCORPORATED
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
,2009
Dated:
,2009
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman, City Attorney
,.,
t""
2
Jimni Systems, Incorporated
By:
CITY OF SAN BERNARDINO
By: Charles E. McNeely, City Manager
1
2
3
4
5
6
7
8
9
10
11
12
13
'14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2008-100
ATTACHMENT "I"
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. For 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.
2008-100
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 I, 2009 through June 30, 2010. Option year three, if exercised, shall be effective July I,
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 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 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
2008-100
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 "0" 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2008-100
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
convemence only and shall not affect the construction or the interpretation of any of its
prOVISIOns.
2008-100
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
Dated: 11/~ U. 2008
Dated ~ '7 ,2008
Approved as to Form: