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Home My WebLink About2000-354 1 2 3 4 5 6 7 8 9 10 11 SECTION 2: RESOLUTION NO. 2000-354 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO EXECUTE A SERVICES AGREEMENT AND ISSUE A PURCHASE ORDER TO LAW ENFORCEMENT MEDICAL SERVICES, INC. FOR THE COLLECTION OF FORENSIC EVIDENCE FOR THE CITY OF SAN BERNARDINO POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION #F-Ol-46. SECTION I: That Law Enforcement Medical Services (LEMS) of Fontana, California is the lowest and best responsible bidder for the collection of forensic evidence for the City of San Bernardino in accordance with bid specification #F-01-46. Pursuant to this determination, the Purchasing Manager is hereby 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 authorized and directed to execute a Services Agreement with LEMS and issue a Purchase order in the amount not to exceed $29,285 for the remainder of FY 2000/01, and an estirnated annual amount of $58,570. There may be three one-year extensions (option year renewals), at the discretion of the San Bernardino Police Departrnent. SECTION 3: The authorization to execute the above referenced Services Agreement is rescinded if it is not issued within sixty (60) days of the passage of this resolution. III III III III III III III 2000-354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE PURCHASING MANAGER TO EXECUTE A SERVICES AGREEMENT AND ISSUE A PURCHASE ORDER TO LAW ENFORCEMENT MEDICAL SERVICES, INC. FOR THE COLLECTION OF FORENSIC EVIDENCE FOR THE CITY OF SAN BERNARDINO POLICE DEPARTMENT IN ACCORDANCE WITH BID SPECIFICATION #F-01-46. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Joint Common Council of the City of San Bernardino at a Regular meeting thereof, held on the 18th day of December , 2000, by the following vote, to wit: Abstain Absent Council Members Aves Navs X X X X - ~ ~ x ESTRADA LIEN McGINNIS SCHNETZ SUAREZ ANDERSON McCAMMACK ~h,~ ity Clerk The foregoing resolution is hereby approved this 5l.l)tiv day of December ,2000. /~~r~~c~vL We~Cammack MaY;;;'f;~ Tern City of San Bernardino 24 Approved as to form and legal content: James F. Penman, City Attorney 25 /J 26 BY: L 7./~ (J 27 28 . . . i. . . . . . . . . . i. . . i. . . . . . . I. I. . ,. . . . . . . . . . . . . . . . . 2000-354 SERVICES AGREEMENT THIS AGREEMENT is entered into this 1st day of January, 200ill, between lAw (;NF02.&/-Ict-J, Hf:W'Cchc. ~E:i<:v,~'5Ir0<!.. ("CONTRACTOR") and the CITY OF , SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, CITY has need for Medical Evidence Collection Services - SART Exams and, B. WHEREAS, CONTRACTOR is cornpetent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best responsible proposal for the providing of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish Medical Evidence Collection Services - SART Exarns in accordance with Proposal Specification F-01-46. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an arnount in accordance with Proposal Specification F-01-46 and Offeror's Proposal and Statement. 3. CONTRACTOR shall provide San Bernardino Police Departrnent with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrorn. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreernent shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. Upon Mayor and City Council approval of the initial Agreement, there may be three one-year extensions (option year renewals), at the discretion of the San Bernardino Police Departrnent. No partial termination of terms and conditions will be allowed. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, ernployees and agents harmless from any claim, dernand, liability, suit, judgrnent or expense (including, without .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2000-354 limitation, reasonable costs of defense) ansmg out of or related to CONTRACTOR's performance of this agreement, except that such duty to indernnify, defend and hold harrnless shall not apply where injury to person or property is caused by CITY's willful rnisconduct or sole negligence. The costs, salary and expenses of the City Attorney and rnernbers of his office in enforcing this Agreernent on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreernent, CONTRACTOR shall rnaintain in effect policies of comprehensive public, general, and autornobile liability insurance, in the amount of $1,000,000 cornbined single lirnit, 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. The policies shall name the CITY as an additional insured and shall provide for ten (10) day notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by San Bernardino Police Departrnent, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the perforrnance of this Agreernent and in the hiring and recruitrnent of ernployees, CONTRACTOR shall not discrirninate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreernent shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: II II .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;. l; 2000-354 TO THE CITY: (Name) City of San Bernardino Police Department 710 North "D" Street San Bernardino CA 92401 TO THE CONTRACTOR LI\-ccI ';:",F-uR1'..oYCNT HmIU\L ~€R.VICx:,1N~ I<-Rl "';,kOlClN eel n '4:,' ""-~- c A" J:.IJ':::> ..Ji ~l2.f'-A . \;[; ,')u 1% /0'1 ~rm-lTANR-. QA. g'Z.3~S-Y':;SO Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreernent on the day and date first above shown. Date: \ \ - 1- loco by: LAW CNf.OeJ!-f:NaJi \J.m I "-At-- ~(RViCx---S LNQ.... BusYness :Te .)itCO/C(U~~ S'l~nature ;6TY,e~~~~o by: L~>> '\, Davia Batson Purchasing Manager City of San Bernardino ') Date: (1-- J-I - DC ATTEST: ~)J.~~ Racli Clark, City Clerk Approved as to form and legal content: Jarnes F. Penman City Attorney By: L t.~ U .