Title
Testing and Monitoring Equipment Parts and Maintenance (Ordinance S-45545)
Description
Request to authorize the City Manager, or his designee, to enter into a contract with Hach Company for testing and monitoring equipment parts and maintenance for the Water Services Department (WSD). The aggregate value will not exceed $364,000 over the life of the contract. Further request authorization for the City Controller to disburse all funds related to this item.
Report
Summary
The WSD's Environmental Services Division uses Hach Company instruments to perform a multitude of analytical tests and to gather online data to ensure compliance with Federal, State and Local regulations. This contract will provide for the necessary maintenance of this critical equipment.
Procurement Information
Under Phoenix City Code section 43-11(d) and the City's Administrative Regulation 3.10, the competitive procurement process was waived as a result of a Determination Memo citing Hach Company as the sole source provider for this equipment and services. Hach Company does not certify other vendors to supply or maintain its proprietary equipment.
WSD requests a waiver from the Phoenix City Code section 42-18(C) because Hach Company seeks to restrict the standard indemnification terms. Hach Company will only agree to defend and indemnify the City for liability arising out of Hach Company's sole negligent or willful acts. If the City Council approves this waiver, allegations of wrongdoing against the City or third party will require the City to defend and resolve any litigation itself.
Contract Term
The contract term is for three years and three months effective from April 1, 2019, through June 30, 2022.
Financial Impact
The aggregate value of the contract is not to exceed $364,000. Funding for this contract is available in the WSD's operating budget.
Department
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services Department.