The URL can be used to link to this page

Home My WebLink About2007-478 . 1 RESOLUTION NO. 2007-478 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO JEC INTEGRATION SYSTEMS FOR THE PURCHASE AND INSTALLATION OF AN UPGRADED AUDlOMSUAL SYSTEM FOR THE FIRE DEPARTMENT'S TRAINING FACILITY. 3 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 SECTION 1. The City Manager is hereby authorized to execute on behalf of the City an Agreement between the City of San Bernardino and JEC Integration Systems, a copy of which is 10 attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set fort 11 at length. 12 SECTION 2. That JEC Integration Systems is the selected vendor for furnishing an 13 upgraded audiolvisua1 system for the Fire Department's Training Facility, in accordance with Bid 14 Specification #F -08-06, and, as such the Director of Finance or designee is authorized to issue a 15 Purchase Order to JEC Integration Systems in the total amount of $27,768.47. 16 SECTION 3. JEC Integration Systems Purchase Order shall incorporate by reference this 17 Resolution and Bid Specification #F-08-06. 18 SECTION 4. The authorization to execute the above referenced Purchase is rescinded if it is 19 not issued within sixty (60) days of the passage of this resolution. 20 IIII 21 IIII 22 IIII 23 24 IIII IIII IIII IIII IIII 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER TO JEC INTEGRATION SYSTEMS FOR THE PURCHASE AND INSTALLATION OF AN UPGRADED AUDIONISUAL SYSTEM FOR 3 THE FIRE DEPARTMENT'S TRAINING FACILITY. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a ioint regular meeting thereof, held on the 7 17th day of December ,2007, by the following vote, to wit: 8 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x MCCAMMACK x 10 11 12 13 14 15 16 17 ~Cl~C1~ City of San Bernardino ~J!.- The foregoing Resolution is hereby approved this t f day of December, 2007. 18 19 20 21 22 23 24 Approved as to form: 25 26 JAMES F. PENMAN, City Attorney 27 28 B~~ f k- 2 2007-478 1 CITY OF SAN BERNARDINO AND JEC INTEGRATION SYSTEMS VENDOR SERVICE AGREEMENT 2 3 This Vendor Service Agreement is entered into this 17th day of December 2007, by and 4 between JEC Integration Systems ("VENDOR") and the City of San Bernardino ("CITY" or "San 5 6 Bernardino"). WITNESSETH: 7 8 WHEREAS, the Mayor and Common Council has determined that it is advantageous and 9 in the best interest of the CITY to contract for the purchase and installation of an upgraded 10 audio/visual system for the Fire Department's Training Facility located at 200 East Third Street, 11 San Bernardino, California 92410; and 12 WHEREAS, the VENDOR is competent, experienced and able to perform said services; 13 and, 14 WHEREAS, the VENDOR has provided the most advantageous and best responsible 15 . proposal for the providing of such services under Request for Quote #F-08-06; 16 NOW, THEREFORE, the parties hereto agree as follows: 17 1. SCOPE OF SERVICES. 18 For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR 19 to provide the equipment and installation of an audio/visual system, as set forth on Bid Sununary 20 21 Sheet Request for Quote #F-08-06, attached hereto as Attachment "B" and incorporated herein by this reference. 22 23 2. COMPENSATION AND EXPENSES. 24 a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay 25 the VENDOR up to the amount of $27,768.47 for equipment, installation, freight, and 26 sales tax for the audio visual system upgrade in the training room and conference room 27 at Fire Station 221, 200 East Third Street, San Bernardino, California 92410. 28 2007-478 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. 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. In the event of termination by CITY, CITY agrees to pay VENDOR for materials procured and services rendered up to and including the date of termination. 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 2 2007-478 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 compensation coverage, and shall file copies of the declarations and forms pages of the policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional 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 engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 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. 3 28 2007-478 I 9. NOTICES. 2 Any notices to be given pursuant to this Agreement shall be deposited with the United 3 States Postal Service, postage prepaid and addressed as follows: 4 TO THE CITY: 5 6 7 8 TO THE VENDOR: 9 10 City of San Bernardino Fire Department Attn: Michael J. Conrad, Fire Chief and Fire Captain Michael Bilheimer 200 East Third Street, San Bernardino, CA 92410 Telephone: (909) 384-5286 Walter J, Murdock, President JEC Integration Systems 5249 Coke Avenue Lakewood, CA 90712 Telephone: (949) 759-9487 11 12 10. ATTORNEYS' FEES 13 In the event that litigation is brought by any party in connection with this Agreement, the 14 prevailing party shall be entitled to recover from the opposing party all costs and expenses, 15 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its 16 rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions 17 hereof. The costs, salary and expenses of the City Attorney and members of his office in 18 enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the 19 purposes of this paragraph. 20 11. ASSIGNMENT. 21 22 VENDOR shall not voluntarily or by operation oflaw assign, transfer, sublet or encumber 23 all or any part of the VENDOR's interest in this Agreement without CITY's prior written 24 consent. Any atternpted assignment, transfer, subletting or encumbrance shall be void and shall 25 constitute a breach of this Agreement and cause for the termination of this Agreement. 26 Regardless of CITY's consent, no subletting or assignment shall release VENDOR of 27 4 1 2 3 12. 4 5 6 7 8 9 10 13. 11 12 14. 13 This Agreement shall be binding on and inure to the benefit of the parties to this 14 Agreement and their respective heirs, representatives, successors, and assigns. 15 . 15. HEADINGS. 16 17 18 19 20 21 22 23 24 25 effect. 26 17. 27 28 2007-478 VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term ofthis Agreement. 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. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. SUCCESSORS AND ASSIGNS. 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. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and ENTIRE AGREEMENT; MODIFICATION. 5 24 25 26 27 28 2007-478 1 This Agreement constitutes the entire agreement and the understanding between the 2 parties, and supercedes any prior agreements and understandings relating to the subject manner of 3 this Agreement. This Agreement may be modified or amended only by a written instrument 4 executed by all parties to this Agreement. 5 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 6 date set forth below. 7 8 9 Dated: :IAN 10 , 2007 lEC Integration Systems By: Va&;. I. /)It. AU V Its: [/Viti ThL ,J.. frI v Jf( t;::x,c..K 10 11 Dated ~ /9 ,2007 AROINO 12 By: 13 14 Approved as to Form: 15 16 17 1-./~ . Penman, City Attorney 18 19 20 21 22 23 6 "'" o o N - "'" - ..... ..... I- C/l c.. :l!~ c..o 00 OZ w N>.... I- W W I CJ) >- a:: <1: :2: :2: :J CJ) o CO W IX: u: CD '" J :cs C1 r- t:l ~",21Cl -J;f;3"\':\ {j () ;..:~"1~ <:J .::: o 0 j';~r-",..CJ c; :.) ~ .3 \l\ .t;:;:~ 10 -0,0 ~ '- U' ::l::rO - - _, M ~f ~ - \' t<> \J'I CJ- C\~ r'e? ;0\ ~ ~ \>\ U ..'j o t)o (f) - - , , ' ,tJ C\, >= ) :r - ~ ~ 'S _I j:: :::: - rl :t.I/' ;;1._' ~:loNJ - N ~'.q~ U c __ r< "" ~ " ~ $\ '2- ()o "f N If., ~\ Iii :l-~ r- d_~_~c<'1() <OJ ~" ", -l-~(j-r $O~ - '>-,,, - cr, "I , :::, u:)""(j -C\ ~3 ~t: -- ~.(\ - 1 w c ~ Cl c.. :::I ::E_ ~C UlED >- , >- UlW a:: ...JIX: cD 0 <- o~Z:::I ,WOUl ~-- co<~> 'i'uQ::o LL-a::- c..~uC ""rJ):::I u.ww< IX:~o I ,9 5 s. Lu ;:) 0" E Lu 0 E 0 o a:: o (I) ~ '< a:: C,,) 0 ,co t:: "- - .- ~ ~ ~ ~ CI) - Q) .s .~ ~ "2 ~ (J) @ CTJ '~ <5 .s u.. CI) I- (J .;_~:;. ~ ;-_tu~'..c , ."! "!1' b- o - c:::. I r , ~ < L. "2 z ~ o C (; "0 c: Q) > ro u o ...J , ' Attachment "s" CJ- 11' No 'P ~ ~ J( ':;;;> \!l c- ~ ('- ~ ~ :>. ..Q "C .. "C - o u .. a:: N 'S\ ~ '" -::r-\ ~\ \,\ ~- \ \ "c I I I\. 7 ','., ~t; l <, 2::". E f;,,,, ?, "'\ ~ , , " '" "C ',< ' ':, ~ , ::I o " W c: ".., c: '."." " "~ II ,',';' -g ~ (J). .~~~~. "-'~ ~ ~ <i. ,"'..~ "",',i~~ :g ~ ~}~ ~'~ "'~ g ", 1<, '1,,1, ,', '" ,. ,