HomeMy WebLinkAbout2006-370
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RESOLUTION NO. 2006-370
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARIDNO AND
WESTERN PACIFIC SIGNAL, LLC FOR SIGNAL CONTROLLERS TO BE UTILIZED
BY THE STREET DIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That Western Pacific Signal, LLC submitted the lowest quote for
the purchase of signal controllers to be located throughout the City of San Bernardino
in the total amount of $51 ,396.75.
SECTION 2. Based on such determinati,on, the Mayor and Common Council
authorize the execution of an agreement and a purchase order for the acquisition of
said signal controllers.
SECTION 3. The Purchasing Manager is hereby authorized to issue a
Purchase Order to Western Pacific Signal, LLC in the amount of $51 ,396.75.
SECTION 4. The Purchase Order shall reference this Resolution NO.2006- 370
and shall read, "Western Pacific Signal, LLC for installation of signal controllers" P.O.
not to exceed $51,396.75 and shall incorporate the terms and conditions of the
purchase order.
SECTION 5. The authorization to execute the above-referenced Purchase
Order is rescinded if not issued within sixty (60) days of the passage of this resolution.
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10/13/06
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER BETWEEN THE CITY OF SAN BERNARIDNO AND
WESTERN PACIFIC SIGNAL, LLC FOR SIGNAL CONTROLLERS TO BE UTILIZED
BY THE STREET DIVISION.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ioiot regular
meeting thereof, held on the
following vote, to wit:
Council Members: AYES
ESTRADA x
12 BAXTER
13 VACANT
x
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DERRY
x
KELLEY
x
JOHNSON
MCCAMMACK
x
x
The foregoing resolution
October , 2006.
25 Approved as to Form:
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27 James F. Penman, City Attorney
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10/13/06
16th day of October
, 2006, by the
NAYS ABSTAIN
ABSENT
~~jj ,QWJ0 .
. \t~~~'CCit'~.b An tJl [b~
is he~ approved this '114 ~'-~ Q
~~
Patri . Morris, Mayor
City of San Bernardino
2006-370
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 16th day of October
2006, by and between Western Pacific Signal, LLC ("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 acquire traffic signal controllers; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from a number of
vendors who can provide the needed traffic signal controllers.
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 those products and services as set forth in Exhibit "A", a cost estimate
dated August 14, 2006, attached hereto and incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR the amount of $51,396.75 for Model 170 traffic signal
controllers.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
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.
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2006-370
4. INDEMNITY.
CITY agrees to indemnifY and hold hannless 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 hannless 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 and/or 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.
5. INSURANCE.
While not restricting or limiting the forgoing, 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.
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2006-370
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6.
NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
4 VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
5 handicap, ethnic background or country of origin.
6 7.
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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
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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 license, if any are required, in connection with the services to be
performed hereunder.
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 license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
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. States Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
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2006-370
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TO THE VENDOR:
Western Pacific Signal, LLC
1793 East 14th Street
San Leandro, CA 94577
10. 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.
11. 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.
12. 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 the
mandatory and not permissive in nature.
2006-370
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13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. 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.
15. 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.
16. 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 mamIer
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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2006-370
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: eCi lA:, 2009
VENDOR. ~. ~
BYPtAfJlAJi ~
Its: VICE ~PU>~J)t:NT
11'fj:l-
,20~
CITY OF SAN BERNARDINO
Dated
BY:~~
Prick"'). Mo ayor
Approved as to Form:
JAMES F. PENMAN,
City Attorney
By:
James F. Penman, City Attorney
2006-370
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'W" estern. Pac:i1'ic Sign.a.l. LLC
1793 East 14th Street
San Leandro, CA 94577
(510) 483-6400
Estimate
Date WPS Estimate #
8/14/2006 50067221
Name J Address
City of San Bemardino
300 N. D Street, 4th Floor
San Bematdino, CA 92418
Ann: SCOlt Zehm
Fax (909) 384-5229
Estimator Terms FOB
Ken Nel30 Destination
WPS Item Code Product DescripUon Qty Each Total
170E-Safetran Model 170E ControllerW/O Ml70E Mod, No Prom Module, Safetran 25 882,00 22,050'()OT
170E Conlrollcr"W/4... Model170E Controller W/O MI70E Mod, Includes Prom Module, Safelran 25 1,026,00 25,650,001'
412C Prom Module
2-1C 6264 Ram
, I-IC Dallas 1225
I-IC 27C256 EPROM
Allow 4-6 weeks ddivel)' ARO Subtotal
$47,700,00
Sales Tax (7.75%) $3,696.75
This quotation is good for qllanlies listed above or greater. All estimates are Total $51,396.75
guaranteed valid for at 1l:3St (30) days. t-...fosl data sheet specifications are on line
at WW\v.wpsignal.com
09/21/2(% 11: 1 J
714;305120
ECPI WESTERN SALES
PAGE 01/01
!iECONCLITE
2006-370
Solutions t;hl3t Move the Worldt~
SALES QUOTATION
Quote No.
WSQ-I0647
&/3/06
DI":
I
To:
Scott ZeltmlCity of San Bemardlnt>
RE:
RFQ - 170E Controllers
We are offering tile tollt>Wlnl! prodllm at the prf_ and eonditloM lei forth ou this rom.
11'''' QUlntl1)' D_rlptiom
25 ea Safdnn Model170E cODII'ODer & prom
module 91/ blank chip.
2S ... Saf'otran mode1170B ocntroller without
prom modult
U"h Price Extnded l'me
$1025.00 $25.625 .00
$881.00 522,025.00
ToU/ $47,650.00
Tu $3,692.88
Frdr"t $1.029.00
Gf"tllldTtIIIlI $52,371."
--
Pr."" excludes tof'lware.
All orden are snbled to ereditlooroval8nd the terms neted btI01l'.
Tuer. Notlnel.tecl
'.O.B.: PoInt at shlplllent
Term" NIUO o..YI. OAC
r..llvery: Complete order 1rilIIlII 60 - 75 caleRd.. days
Valid For: 120 days .
}....Jcht: Pl'qlIld a.d Chatpd
a-... 11~_
AMI Hah. . Estimator
3350 e. La Palma f'.,ye. Anaheim, CA 92806-2856 . PH:(714) 63C:.3700. FAX: (714) 630,5120
P,O. 80)(6150. AnaMim. CA 92816-0150. www.ec<.molite.com'
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2006-370
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365 W, S.ERRA MADRE e,-vD,
SIERRA MAORI!!, CA 91024
(626) 636-1294 . rA;;:'l;tl Z97
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SMALL BUSINESS #0007708
Price includes freight,
Please add tax
Terms; Net 30
Quote valid: 30 days