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CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: Resolution authorizing the
execution of an agreement and
Dept: Public Services purchase order in the amount of
$50,163.75 between the City of San
Date: February 27, 2007 Bernardino and Advance Infrastructures
Technologies pursuant to Section
3.04.010 B-3 of the Municipal Code for
the purchase of a sewer diagnostic
video camera utilized by the Public
Services Department, Street Division.
Meeting Date: March 19, 2007
Synopsis of Previous Council Action:
Recommended Motion:
1) Adopt Resolution
Signature
Contact person: Ken Fischer, Director Phone: 5140
Supporting data attached: Staff Report Ward: All
Resolution, Agreement, Bids
FUNDING REQUIREMENTS: Amount: $ 50,163.75
Source: FY 06-07
Account Number 132-431-
5704
Finance:
Council Notes: ek
Agenda Item No. A44-
311q D
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
A resolution authorizing the execution of an agreement and purchase order in the
amount of $50,163.75 between the City of San Bernardino and Advance Infrastructures
Technologies pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase
of a sewer diagnostic video camera utilized by the Public Services Department, Street
Division.
BACKGROUND:
The City of San Bernardino has over 500 miles of sewer lines that need to be
adequately maintained. The Street Division is responsible for cleaning, maintaining and
videotaping the sewer and drainage collection system. In September 2005, the
department purchased a camera truck with the capability of videotaping sewer lines and
drain lines from 6 to 18 inches in diameter. However, the sewer and drainage system
has larger lines and we need to videotape these lines to continue the inspection
program. Staff is recommending the purchase of an additional camera unit that is able
to videotape sewer or drain lines from 18 to 48 inches in diameter. The camera is only
available through a sole source vendor since it is a match component in diameter to our
existing system. This is the only camera that will work with the camera system truck the
City purchased.
In addition, the City of San Bernardino is required to comply with the State Water
Resources Control Board Order Number 2006-2003-DWQ, entitled, Statewide General
Waste Discharge Requirements for Sanitary Sewer Systems. The purpose of this Order
is to ensure that all federal and state agencies, municipalities, counties, districts, and
other public entities that own or operate sanitary sewer systems, prepare a plan and
schedule in order to inspect the sewer and drainage lines to prevent sanitary sewer
overflows (SSOs). SSOs are overflows from sanitary sewer systems of domestic, as
well as industrial and commercial wastewater. SSOs may cause a public nuisance,
when raw untreated wastewater is discharged in public places.
By purchasing the diagnostic video camera, the City will be able too effectively video
inspect all 510 miles of mainline sewers, thereby decreasing the possibility of SSOs.
Staff recommends that Advance Infrastructures Technologies be issued a purchase
order in the amount of $50,163.75 to purchase the sewer diagnostic video camera.
FINANCIAL IMPACT:
Funds for this purchase are available and have been budgeted in the FY 06-07,
Account Number 132-431-5704, Miscellaneous Equipment.
RECOMMENDATION:
Adopt resolution.
proudly supplr�a:i the Tools Knu Need to keep Our cities
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February 28, 2007
City of San Bernardino
234 South Mountain View Ave.
San Bernardino, CA 92408
To Whom It May Concern,
This letter is in regards to the certification of the purchase of an Envirosight
Rovver 225 crawler and RC90 Pan & Tilt Zoom Camera. These items will enhance
performance and upgrade existing pendant controllers. The two quoted components
are proprietary to the City of San Bernardino's Envirosight CCTV Inspection System
Truck; Advanced Infrastructure Technologies is the local sales partner and service
center for this equipment. Advanced Infrastructure Technologies will provide
training upon delivery and will warranty both components for one full year on
manufactures defects and workmanship. We thank you for this opportunity to serve
the City of San Bernardino and look forward to your favorable consideration in
regards to this matter.
Yours truly,
Bryan Fox
Regional Sales Manager
Advanced Infrastructure Technologies, LLC
16422 South Avalon Blvd.
Gardena, CA 90248
www.advancedworld.com
16422 South Avalon Blvd. • Gardena, CA 90248 • 310-532-9050
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $50,163.75 BETWEEN THE CITY OF
4 SAN BERNARDINO AND ADVANCE INFRASTRUCTURES TECHNOLOGIES FOR
THE PURCHASE PURSUANT TO 3.04.010 B.3. OF A SEWER DIAGNOSTIC VIDEO
5 CAMERA UTILIZED BY THE PUBLIC SERVICES DEPARTMENT, STREET
6 DIVISION.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
10 execute on behalf of said City an Agreement between the City of San Bernardino and
11 Advance Infrastructures Technologies, a copy of which is attached hereto, marked
12 Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
13 SECTION 2. This purchase is exempt from the formal contract procedures of
14
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
15
Code.
16
17 SECTION 3. That Advance Infrastructures Technologies submitted the lowest
18 quote for the purchase of a sewer diagnostic video camera in the amount of
19 $50,163.75. Pursuant to this determination the Purchasing Manager is hereby
20 authorized to issue a purchase order to Advance Infrastructures Technologies in the
21 amount of $50.163.75.
22
SECTION 4. The Purchase order shall reference this Resolution No.
23
24 2007 and shall read, "Advance Infrastructures Technologies for the
25 purchase of a sewer diagnostic video camera to be utilized throughout the City of San
26 Bernardino."
27
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $50,163.75 BETWEEN THE CITY OF
3 SAN BERNARDINO AND ADVANCE INFRASTRUCTURES TECHNOLOGIES FOR
THE PURCHASE PURSUANT TO 3.04.010 B.3. OF A SEWER DIAGNOSTIC VIDEO
4 CAMERA UTILIZED BY THE PUBLIC SERVICES DEPARTMENT, STREET
DIVISION.
5
6 SECTION 5. The authorization to execute the above referenced Purchase
7 Order and Agreement is rescinded if it is not issued within sixty (60) days of the
8 passage of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $50,163.75 BETWEEN THE CITY OF
3 SAN BERNARDINO AND ADVANCE INFRASTRUCTURES TECHNOLOGIES FOR
THE PURCHASE PURSUANT TO 3.04.010 B.3. OF A SEWER DIAGNOSTIC VIDEO
4 CAMERA UTILIZED BY THE PUBLIC SERVICES DEPARTMENT, STREET
DIVISION.
5
6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
7 Mayor and Common Council of the City of San Bernardino at a
8 meeting thereof, held on the day of 2007, by the
9 following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11
ESTRADA
12
13 BAXTER
14 BRINKER
15 DERRY
16 KELLEY
17 JOHNSON
18
MCCAMMACK
19
20
21 Rachel G. Clark, City Clerk
22 The foregoing resolution is hereby approved this day of
, 2007.
23
24 Patrick J. Morris, Mayor
25 City of San Bernardino
Approved as to Form:
26
B*ityAftorney
27 F. PENMAN
28
., .dvanced
February 28, 2007
City of San Bernardino
234 South Mountain View Ave.
San Bernardino, CA 92408
To Whom It May Concern,
This letter is in regards to the certification of the purchase of an Envirosight
Rovver 225 crawler and RC90 Pan & Tilt Zoom Camera. These items will enhance
performance and upgrade existing pendant controllers. The two quoted components
are proprietary to the City of San Bernardino's Envirosight CCTV Inspection System
Truck; Advanced Infrastructure Technologies is the local sales partner and service
center for this equipment. Advanced Infrastructure Technologies will provide
training upon delivery and will warranty both components for one full year on
manufactures defects and workmanship. We thank you for this opportunity to serve
the City of San Bernardino and look forward to your favorable consideration in
regards to this matter.
Yours truly,
Bryan Fox
Regional Sales Manager
Advanced Infrastructure Technologies, LLC
16422 South Avalon Blvd.
Gardena, CA 90248
www.advancedworld.com
16422 South Avalon Blvd. • Gardena, CA 90248 • 310-532-9050
NWI91NwwINl411
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 5th day of March
2007, by and between Advance Infrastructures Technologies ("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 the purchase of a sewer diagnostic video
camera to be utilized throughout the City of San Bernardino; and
WHEREAS, the City of San Bernardino did not solicit and did not accept quotes from
available vendors for the sewer diagnostic video camera equipment.
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 this purchase agreement.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $50,163.75 for sewer diagnostic video
camera services.
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.
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 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.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
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 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.
9. 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"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: Advanced Infrastructure Technologies
16422 South Avalon Blvd.
Gardena, CA 90248
Telephone: (310) 532-9050
i
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.
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
convenience 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 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: , 2007 VENDOR.
By:
Its:
Dated , 2007 CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
Approved as to Form:
By:
Ja e F. Penman, City Attorney