WATER2408.MG
CITY OF SIMI VALLEY
MEMORANDUM
M
ay 20, 2024
TO
: City Council
F
ROM: Department of Public Works
S
UBJECT: AUTHORIZATION TO WAIVE THE BIDDING PROCESS PURSUANT TO
THE SIMI VALLEY MUNICIPAL CODE, AND AWARD OF CONTRACT TO IDEXX DISTRIBUTION, INC. FOR THE PURCHASE OF WATER AND
WASTEWATER MICROBIOLOGY ANALYSIS SUPPLIES FOR THE CITY
OF SIMI VALLEY’S WATER QUALITY CONTROL LABORATORY AT THE
WATER QUALITY CONTROL PLANT
STAFF RECOMMENDATION
I
t is recommended the City Council:
1. W
aive the bidding process in accordance with Simi Valley Municipal Code (SVMC ) section 2-9.201(e); and,
2. Aw
ard a contract to IDEXX Distribution, Inc. (IDEXX) in the amount of $ 200,000 for the period of ten (10) years from May 20, 2024 through May 19, 2034, for the purchase of water and wastewater microbiology analysis supplies; and,
3. A
uthorize the City Manager to approve any subsequent contract amendments to incorporate future budgeted funds into the contract amount, and to extend the contract by up to one (1) additional ten-year term (not to exceed a total of twenty years) in accordance with the contract terms.
BACKGROUND AND OVERVIEW
The
City has contracted with IDEXX for the purchase of water and wastewater microbiology analysis supplies for the City’s Water Quality Control Laboratory (Lab) at the Water Quality Control Plant (WQCP) for over 25 years. From 2015 to present, t he City has purchased a total of $ 68,536.85 of water and wastewater microbiology analysis supplies from IDEXX.
FINDINGS AND ALTERNATIVES
T
he Public Works Director recommends that the City Council waive bidding requirements under the SVMC to ensure the Lab located at the WQCP maintains compliance with the State of California Environmental Laboratory Accreditation Program (ELAP) for performing water and wastewater microbiology analysis . The WQCP Lab is ELAP AGENDA ITEM NO.
Consent (6)
WATER.SR.MG
certified in specific microbiology methods for performing specific water and wastewater analysis.
The IDEXX methods are the only methods the Lab is allowed to use through ELAP certification. Discontinuing the use of IDEXX supplies would constitute a significant disruption to the Lab’s ability to maintain certification and compliance with performing water and wastewater microbiology analysis; requiring samples to be tested by a 3 rd party,
or being re-certified by ELAP using alternate more costly methodologies which could take up to one year. Additionally, maintaining certification in multiple methods would also lock the Lab into using specific alternate vendors ’ proprietary products for certification in alternate microbiology methodologies. Equipment and s upplies for each method by vendor are proprietary and will not work with another vendor’s methods, equipment, and supplies. Having multiple methods for the same analysis would be cost prohibitive and a waste of public funds. IDEXX microbiology methodologies are an industry standard used by a majority of water and wastewater agency laboratories performing microbiology analysis.
The Sanitation budget ( Fund 700) includes $110,000 for operating supplies in FY 2023- 24 and a similar amount will be requested in future years. Funding for the proposed contract with IDEXX is contingent upon City Council approval of the proposed FY 2024-25 through FY 2033-34 Public Works operating budget.
The following alternatives are available to the City Council:
1. Waive the bidding process pursuant to the SVMC;
2. Award the attached contract to IDEXX in the amount of $ 200,000 for the period of
ten (10) years from May 20, 2024, through May 19, 2034, for the purchase of water and wastewater microbiology analysis supplies;
3. Authorize the City Manager to approve any subsequent contract amendments to incorporate future budgeted funds into the contract amount, and to extend the contract by up to one (1) additional ten-year term in accordance with the contract terms;
4. Do not award a contract at this time and provide staff with further direction.
The Public Works Director recommends Alternative Nos. 1, 2. and 3.
SUGGESTED CITY COUNCIL MOTION
I move to waive the bidding requirements pursuant to the SVMC, award a contract to IDEXX for the purchase of water and wastewater microbiology analysis supplies in the amount of $ 200,000 for the period of May 20, 2024 through May 19, 20 34, and further authorize the City Manager to approve any subsequent contract amendments to incorporate future budgeted funds into the contract amount, and to extend the contract term.
2 WATER.SR.MG
SUMMARY
P
ublic Works purchases water and wastewater micro biology analysis supplies from IDEXX to perform State certified ELAP water and wastewater testing at the WQCP.
IDEXX supplies have been authorized for use at the Lab for water and wastewater testing.
The City’s purchasing procedures require the City Council’s approval based on the length of time IDEXX has provided supplies to the City.
It i
s recommended that the City Council waive the bidding process pursuant to the Simi Valley Municipal Code and award the attached contract to IDEXX for the purchase of wastewater microanalysis supplies in the amount of $2 00,000 for the period of May 20, 2024 through May 19, 20 34, and further authorize the City Manager to approve any subsequent contract amendments to incorporate future budgeted funds into the contract amount, and to extend the contract term.
___
_________________________________
Ronald K. Fuchiwaki
Public Works Director
P
repared by: Matt Mckenna, Senior Management Analyst
I
NDEX Page
Contract .............................................................................................. 4 3 2-Contract 5/15/24
AGREEMENT NO. 3240144
Services Agreement
CONTRACTOR: IDEXX DISTRIBUTION INC DATE MAILED: MAY 20, 2024 Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the Ci ty of Simi Valley. Only those items checked- off are MANDATORY, however if your standard policies exceed the minimum requirements please include. Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88, or equivalent . The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Comprehensive General Liability, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $2,000,000 per occurrence. Auto Liability, including owned, non-owned and hired vehicles with at least:
$500,000 per occurrence.
$1,000,000 per occurrence.
As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. Workers’ Compensation Insurance: as required by State Statutes. (Not needed if Self -employed with no employees and CONTRACTOR signs statement to this effect.)
Errors & Omissions or Malpractice or Professional Liability: depending on type of contract/service. At least $500,000 per occurrence. Business License: The CONTRACTOR must have a current City of Simi Valley license on file at City Hall or purchase said license (at no cost to the City).
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA EMAIL OR HARD COPY) BY THE RISK MANAGER/PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY.
Submitted by (complete all blanks): COLOR COPY REQUIRED BACK TO THE CITY Company Name: IDEXX Distribution, Inc.
By (Print name & title):
Company Street Address:
Vendor’s Authorized Signature required:
City, State, Zip:
Date signed:
Phone:
Agreement Date & Expiration Date:
May 20, 2024 through May 19, 2034
Services Rendered: Purchase of water and wastewater
microbiology analysis supplies
Agreement Amount
$200,000
Originator/Department Contact: Albert Sexton Date initiated:
Department Head Review: City Manager Approval:
Return the original fully executed form to the City Clerk's office
Attach: Product List
4 1.GENERALLY. The materials, suppli es, or services (collectively, “
Purchase”) covered by this purchase order (“order”) must be furnished by S
eller subject to all the terms and conditions contained in this order whic h S
eller, in accepting this order, agrees to be bound by and comply with in all particulars. No other terms or conditions are binding upon the parties unless subsequently agreed to in writing. Written acceptance or shipment of all or any portion of the Purchase covered by this order constitutes unqualified acceptance of all terms and conditions in this order. The terms of any proposal referred to in this order are included and made a part of the order only to the extent it specified the Purchase ordered, the price, and the delivery, and then only to the extent that such terms are consistent with the terms and conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in this order, free from all defects in Seller’s performance, design, workmanship, and materials, and, except as otherwise provided, is subject to inspection and test by City at all times and places. If, before final acceptance, any Purchase is found to be incomplete, or not as specified, City may reject it, require Seller to correct it without charge, or require delivery of such Purchase at a reduction in price that is equitable under the circumstances. If seller is unable or refuses to correct such items within a time deem ed
r
easonable by City, City may terminate the order in whole or in part. Seller bears all risks as to rejected Purchases and, in addition to any costs for which Seller may become liable to City under other provisions of this order, must reimburse City for all transportation costs, other related costs incurred, or payments to Seller in accordance with the terms of this order for unaccepted Purchases. Notwithstanding City’s acceptance of any Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice t o
S
eller and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this order, an equi
table adjustment in the price or delivery or both must be made. N o c
hange by Seller is allowed without City’s written approval. Any claim by Seller for an adjustment under this section must be made in writing wi thin thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed.
4. T
ERMINATION. City ma y terminate this order at any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Seller as full performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller’s default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the tim e
s
pecified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City.
5.TIME EXTENSION. City may extend the time for completion if, in City’s sole determination, Seller was delayed because of causes beyond Seller’s control and without Seller’s fault or negligence. In the event delay was caused by City, Seller’s sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit.
6.REMEDIES CUMULATIVE. City’s rights and remedies under this order are not exclusive and are in addition to any rights and remedies provided by law.
7.TITLE. Title to materials and supplies purchased under this order pass directly from Seller to City upon City’s written acceptance following an actual inspection and City’s opportunity to reject.
8. PAYMENT. City will pay Seller after receiving acceptable invoices for materials and supplies delivered and accepted or services render ed and ac
cepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the Purchase or the order, or their performance, except for such loss or damage arising from City’s sole negligence or willful misconduct. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City’s request and with counsel satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this secti on
“
City” includes City’s officers, elected officials, and employees. It is expressly understood and agreed that the foregoing provisions will s urvive termination of this order. The requirements as to the types and limits of insurance coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant t o t
his order, including, without limitation, to the provisions concerni ng i
ndemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the most favorable commercial warranties the Seller gives to any customer for t he s
ame or substantially similar supplies or services, or such other mor e f
avorable warranties as is specified in this order. Warranties will be effectiv e not
withstanding any inspection or acceptance of the Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any payment due under this order, Seller may not assign or subcontract the order without City’s written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller’s agent.
12.INSURANCE. Seller must provide the insurance indicated on the face sheet of this order.
13.PERMITS. Seller must procure all necessary permits and licenses, and
abi
de by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as an independent contractor and will have control of all work and the manner in which is it performed. Seller will be free to contract for similar service to be performed for other employers while under contract with City.
Seller is not an agent or employee of City and is not entitled to participate i n any
pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means that Seller will follow the direction of the City as to end results of the work only.
15.WAIVER. City’s review or acceptance of, or payment for, work product prepared by Seller under this order will not be construed to operate as a
w
aiver of any rights City may have under this Agreement or of any cause of action arising from Seller’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this order, whether of the same or different character.
16.INTERPRETATION. This Agreement was drafted in, and will be c
onstrued in accordance with the laws of the State of California, and ex
clusive venue for any action involving this agreement will be in Ventura County.
5 Date: 04/10/2024
City of Simi Valley
600 W. Los Angeles Ave
Simi Valley, CA 93063
Account # 48709
Please accept this letter as confirmation that IDEXX Distribution, Inc. (FEIN # 35-2186625) is a wholly owned subsidiary of IDEXX Laboratories, Inc. and is the sole supplier of the following products to the Water Market:
Product Sole Manufacturer Sole Supplier in U.S. and Canadian Water Testing
Markets**
Colilert* reagent Yes Yes
Colilert Comparator Yes Yes
Colilert*-18 reagent Yes Yes
Colisure* reagent Yes Yes
Enterolert* reagent
Pseudalert* reagent
Legiolert* reagent
Yes
Yes
Yes
Yes
Yes
Yes
IDEXX Vessels Yes Yes
Quanti-Tray* Sealer PLUS Yes Yes
Quanti-Tray* Yes Yes
All Colilert Starter Kits Yes Yes
All 20-pack, 100-pack, and 200-pack Combo Packs Yes Yes IDEXX-QC kits1 Yes Yes
Quanti-Cult™ QC kit Yes Yes
SimPlate* for HPC test kit
HPC for Quanti-Tray* reagent
EasyDisc* HPC tests
IDEXX Water SARS-CoV-2 RT-PCR Test
IDEXX Water DNA/RNA Magnetic Bead Kit
IDEXX Water Matrix and Fecal Control Kit
IDEXX Water Internal Control
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Filta-Max* xpress Filter modules
Filta-Max xpress pressure Elution station
Filta-Max manual wash station
Filta-Max filter modules
Tecta* B4
Tecta B16
Tectalert tests (EC/TC, EC, FC, ENT)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
** Utility, Public Health and Private labs performing environmental testing
Please note that IDEXX Distribution, Inc. was formed as a wholly owned subsidiary of IDEXX Laboratories, Inc.
I hope this information is of assistance. If you have any questions, please contact me at 1-800-321-0207
Sincerely,
Rick Winters
1) IDEXX-QC kits: 98-29000-01, 98-29001-01, 98-29002-01, 98-29003-01, 98-29004-01, 98-29006-01, 98-29007-01, 98-0009287-01
*IDEXX, Colilert, Colilert-18, Colisure, Enterolert, Pseudalert, Legiolert, Quanti-Tray, SimPlate, EasyDisc, Filta-Max, Tecta and Tectalert are trademarks or registered trademarks of IDEXX Laboratories, Inc. or its affiliates in the United States and/or other countries. 102600-00
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