HomeMy WebLinkAbout2008-156
(Note: Vendor Service Agreement not Executed - see attached)
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RESOLUTION NO. ?OOR-156
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 IN THE AMOUNT OF $47,300 TO
MOTOROLA RADIO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
CODE FOR THE PURCHASE OF 16 RADIOS TO BE UTILIZED BY THE
INTEGRATED WASTE MANAGEMENT DIVISION AND ISSUANCE OF A
PURCHASE ORDER TO THE COUNTY OF SAN BERNARDINO FOR THE
INSTALLATION OF THE RADIOS.
WHEREAS, City has need of Motorola radios to be installed on 16 newly
purchased LNG powered refuse vehicles; and,
WHEREAS, Motorola Radio's Government Sales Unit is the only distributor who
can provide this product to the City;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized to execute on behalf
of said City a Vendor Service Agreement between the City of San Bernardino and
Motorola Radio, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length.
SECTION 2. The Director of Finance or his/her designee is hereby authorized
to issue a purchase order in the amount of $47,300 to Motorola Radio for the purchase
of 16 radios.
SECTION 3. The Purchase Order shall reference this Resolution No. 2008-
156
and shall read, "Motorola Radio for the purchase of 16 radios to be utilized
, not to exceed $47,300" and shall
by the IWM Division. P.O. No.
incorporate the terms and conditions of the Agreement.
SECTION 4. The Director of Finance or his/her designee is hereby authorized
to issue a purchase order in the amount of $5,000 to the County of San Bernardino,
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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 IN THE AMOUNT OF $47,300 TO
MOTOROLA RADIO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
CODE FOR THE PURCHASE OF 16 RADIOS TO BE UTILIZED BY THE
INTEGRATED WASTE MANAGEMENT DIVISION AND ISSUANCE OF A
PURCHASE ORDER TO THE COUNTY OF SAN BERNARDINO FOR THE
INSTALLATION OF THE RADIOS.
Network Services Division for the installation of the 16 radios, as set forth in
Exhibit "B."
SECTION 5. The Purchase Order shall reference this Resolution No. 2008-
156 and shall read, "County of San Bernardino, Network Services Division for
the installation of the 16 radios. P.O. No.
, not to exceed $5,000" and shall
incorporate the terms and conditions of the Agreement.
SECTION 6. That these purchases are exempt from the formal contract
procedure set forth in San Bernardino Municipal Code Section 3.04.070 by the
exemption set forth in San Bernardino Municipal Code Section 3.04.010(B)(3).
SECTION 7. The authorization to execute the above referenced Purchase
Orders and Agreement is rescinded if it is not issued within sixty (60) days of the
passage of this resolution.
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2008-156
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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 IN THE AMOUNT OF $47,300 TO
MOTOROLA RADIO PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
CODE FOR THE PURCHASE OF 16 RADIOS TO BE UTILIZED BY THE.
INTEGRATED WASTE MANAGEMENT DIVISION AND ISSUANCE OF A
PURCHASE ORDER TO THE COUNTY OF SAN BERNARDINO FOR THE
INSTALLATION OF THE RADIOS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a jnin~ r~g'" or
May
, 2008, by the
19th
day of
meeting thereof, held on the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
1?Cki1 JJ. ~
I..... J~achel G. Clark, City c,el1rk' nlL.I
u,jL ~> /"-- ~73. ~ ~
is hereby approved this day of
The foregoing resolution
May , 2008.
~M~;; ~
City of San Bernardino
Appr ved as to Form:
mes F. Penman
ity Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 19th day of May 2008, by and
between Motorola Radio ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
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WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to purchase 16 radios to be utilized by the IWM Division.
WHEREAS, the City of San Bernardino has an agreement with Motorola Radio to
provide radios to the City of San Bernardino.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the servIces of
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VENDOR to provide 16 radios as set forth in Attachment "I" and incorporated herein by this
reference as fully as though set forth at length.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to $47,300 for the purchase of 16 radios as set forth in
Attachment "1" and incorporated herein by this reference as though fully set forth at
length.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this Agreement shall be for a period of one year.
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Exhibit "A"
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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.
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5. INSURANCE.
While not restricting or limiting the foregoing, 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
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Exhibit "A"
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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 conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
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12940 of the California Government Code.
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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 licenses, 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 licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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Exhibit "A"
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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
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TO THE VENDOR:
Motorola Radio
28638 Canyon Oak Dr.
Highland, CA 92346
Telephone: (909) 862-3206
Contact: Mark Herzog
9. 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
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office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
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fees" for the purposes of this paragraph.
10. 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
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Exhibit "A"
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
11. 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
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
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13. 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.
14. 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.
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Exhibit "A"
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VENDOR SERVICE AGREEMENT
MOTOROLA RADIO
15. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
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parties, and supercedes any prior agreements and understandings relating to the subject manner
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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.
,2008
VENDOR
Dated:
By:
Its:
CITY OF SAN BERNARDINO
,2008
Dated
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By:
Fred Wilson, City Manager
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Approved as to Form:
By:
James F. Penman, City Attorney
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Exhibit "A"
EXHIBIT "B"
PROPOSAL
DATE: 1/8120088:33
TO:
George
FROM:
COUNTY OF SAN BERNARDINO
NETWORK SERVICES-RADIO
Darrell Cast
(909) 387~2019
FAX 909-387-2009
SUBJECT: Installs
QUANTITY PART NUMBER
DESCRIPTION
UNIT PRICE EXT. PRICE
$
$
$
$
$
$
$
$
$
$
$
$
$
$
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PARTS TOTAL $
48 lABOR RADIO SHOP $ 104.00 $ 4,992.00
LABOR WELD SHOP $ 66.00 $
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LABOR TOTAL $ 4,992.00 ' ,
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. TOTAL PARTS . $
TAX $
SJH $
SUB $
LABOR $ 4,992.00
TOTAL $ 4,992.00
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Clear Day
Page 1 of2
Fedor_Ma
Ola::;c?- ISre
From: Johnson_Do
Sent: Tuesday, August 19, 2008 11:41 AM
To: Fedor_Ma
Cc: Lewis_Li
Subject: RE: Agreement Deadline
Hi Margaret,
The vendor 'Motorola' has opted not to sign the Vendor Service Agreement after discussing it with the City Attorney, I
did receive the PO and the order for the Radios has been placed. Thanks,
Don Johnson
Fleet Manager
City of San Bernardino
(909) 384-5220
-----Original Message-m-
From: Lewis_Li
Sent: Tuesday, July 15, 2008 7:59 AM
To: FedocMa
Cc: Johnson_Do
Subject: RE: Agreement Deadline
Hi Margaret,
The agreement is with the attorney's for Motorola, who have been in contact with our City
Attorney's Office. We are hopeful the signed agreement will be returned to us by the deadline.
Lisa
Don-FYI
Lisa
Lisa D. Lewis
Executive Assistant
to the Director
City of San Bernardino
Public Services Department
300 North "D" Street, 4th Floor
San Bernardino, CA 92410
Ph. (909) 384-5140 Fax (909) 384-5190
Lewis LiCQlshcitv ore'
-----Original Messagem--
From: Fedor_Ma
Sent: Tuesday, July 15, 2008 7:56 AM
To: Lewis_Li
Subject: Agreement Deadline
Good morning Lisa
The execution deadline for the agreement listed below is this Friday, July 18th. Would
you please check on it's status? Thanks
8/19/2008
Clear Day
8/19/2008
Page 2 of2
At the Mayor and Common Council meeting of May 19, 2008, the City of San Bernardino
adopted Resolution No. 2008-156 - 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 in
the amount of$47, 300 to Motorola Radio pursuant to Section 3.04.010 B-3 of the Municipal
Code for the purchase of 16 radios to be utilized by the Integrated Waste Management Division
and issuance of a purchase order to the County of San Bernardino for the instaUation of the
radios.
City Clerk's Office
City of San Bernardino
(909) 384-5002
Fedor _ ma@sbcity.org