HomeMy WebLinkAbout2008-335
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RESOLUTION NO. 2008-335
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
PURCHASE AND INSTALLATION OF A REPLACEMENT JAIL DOORS CONTROL
CONSOLE FROM ROCKWELL CONTROLS, INC., OF FULLERTON,
CALIFORNIA, PURSUANT TO CHAPTER 3.04.010 (b)(3) OF THE MUNICIPAL
CODE AND AUTHORIZING A BUDGET AMENDMENT AND TRANSFER.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. A sole source purchase, pursuant to Municipal Code 3,04,010 (b)(3), ofa
replacement jail doors control console from Rockwell Controls, Inc" of Fullerton, California is
approved as Rockwell, Inc, is the only known vendor that manufactures jail doors control
consoles,
SECTION 2. The City Manager is authorized to execute on behalf of the City an
agreement between the City of San Bernardino and Rockwell Controls, Incorporated, a copy of
which is attached hereto, marked Exhibit' A' and incorporated herein by reference as fully as
though set forth at length,
SECTION 3. The Purchasing Manager is authorized to issue a Purchase Order to
Rockwell Controls, Inc, not to exceed $90,670,00 for the purchase and installation of a
replacement jail doors control console as outlined in Rockwell, Inc.'s quote dated July 23,
2008, The purchase order shall read, "Purchase and Installation of a Jail Doors Control
Console, Not to exceed $90,670,00"
SECTION 4. The Finance Director is authorized to amend the FY 2008-09 General
Fund budget to transfer $90,700 from Account #001-228-5505 (Other Professional Services) to
Account #001-228-5704 (Capital Outlay - Miscellaneous Equipment),
III
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I
2008-335
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
PURCHASE AND INSTALLATION OF A REPLACEMENT JAIL DOORS CONTROL
CONSOLE FROM ROCKWELL CONTROLS, INC., OF FULLERTON,
CALIFORNIA, PURSUANT TO CHAPTER 3.04.010 (b)(3) OF THE MUNICIPAL
CODE AND AUTHORIZING A BUDGET AMENDMENT AND TRANSFER.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a ioint regular meeting thereof,
held on the 18th day of August
Council Members: AYES
ESTRADA X
BAXTER X
BRINKER X
DERRY X
KELLEY X
JOHNSON ~
MCCAMMACK X
, 2008, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
Jffi A~J .J'L "fA....h
1... Rachel G,.E~ y,ity ~lerk ~
.....---,. ~_ ~ A. i>.,.u.
The foregoing Resolution is hereby approved this c51()N day of August , 2008,
Approved as to form:
RESOLUTION NO. 2008-335
VENDOR SERVICES AGREEMENT
This Vendor Agreement is entered into this 18th day of August 2008, by and between
Rockwell Controls, Inc, of Fullerton, California ("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 and installation of a placement jail
doors control console as outlined in Rockwell Controls Inc.'s July 23, 2008 proposal
(#DLPRC072108) included with this agreement as Attachment "A"; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from Rockwell
Control me, because they are the only known manufacturer of a suitable replacement jail doors
control console,
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 on Exhibit "A" attached hereto and
incorporated herein,
2. COMPENSATION AND EXPENSES.
a, For the services delineated above, the CITY, upon completion of milestones and
presentation of corresponding invoices, shall pay the VENDOR up to the amount
F:\SIMMONS\Vendor Service Agmts\Rockwell Controls 8.08.wpd
2008-335
of$90,670,OO for the services set forth in Attachment "A",
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,
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.
VENDOR agrees to and shall indemnify and hold the City, its elected officials,
employees, agents or representatives, free and harmless from all claims, actions, damages and
liabilities of any kind and nature arising from bodily injury, including death, or property damage,
based or asserted upon any actual or alleged act or upon any actual or alleged act or omission of
Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement, unless the bodily
injury or property damage was actually caused by sole negligence of the City, its elected officials,
employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to
protect and defend at its own expense, including attorney's fees, the City, its elected officials,
employees, agents or representatives from any and all legal actions based upon such actual or
alleged acts or ornissions. Vendor hereby waives any and all rights to any types of express or
implied indemnity against the City, its elected officials, employees, agents or representatives,
with respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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2008-335
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 or Certificate of Insurance with the
CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall
name the CITY 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 engage in, nor permit its officers, employees or agents to engage in,
discrimination in the employment of persons because of their race, religion, color, national
origin, ancestry, age, mental or physical disability, medical condition, martial 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 ofthe
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
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2008-335
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.
9. NOTICES.
Any notice 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: Captain Theodis Henson
City of San Bemardino
710 North "D" Street, p, 0, Box 1669
San Bernardino, CA 92402
Telephone: (909) 384-5609
TO THE VENDOR:
Dan Popvici, Owner
Rockwell Controls, Inc,
101 New Castle Lane
Fullerton, CA 92833
Telephone: (714) 366-1919
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2008-335
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 Agreementwithout 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.
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2008-335
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. 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
effect.
17. 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,
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Dated:
q~/1
,2008
Dated /-",2 0 , 2008
Approved as to Form:
JAMES F, PENMAN,
City Attorney
F:\SlMMONSIVendor Service AgmtslRockwell Controls g,Qg,wpd
2008-335
ROCKWELL CONTROLS, INC,
By:
C e""'O
Its:
By:
7
2008-335
"ATTACHMENT A"
Rockwell Controls Inc.
1101 Newcastle Lane
Fullerton Ca. 92833
Phone 714 366 1919
Fax 914 9312627
danpopovici@rockwellcontrols.com
July 23, 2008
Michael Eckley
IS Public Safety Systems Manager
c/o San Bernardino Police Department
B Building
710 North D Street
San Bernardino, CA, 92401
Re: Jail Doors Controls Upgrade Job,
Rockwell Controls Proposal: DLPRC072108
Mr, Eckley:
Thank you for giving Rockwell Controls the opportunity to provide a Jail Door Controls
Upgrade Job proposal for San Bernardino Police Departmerit, California. This proposal is
offered in response to your request of 07/21108, for Door Control Circuit Board Replacement
with PLC hardware and Start-up work and includes a "Fixed Price" offering,
TECHNICAL DESCRIPTION
Rockwell Controls has reviewed the requirements of the proposed project and provides the
following summary:
Existing Door Control Circuit Boards replacement with a new PLC Ethernet TCP/IP Based
Control.
The doors will be controlled by an Allen-Bradley CompactLogix PLC (Programmable Logic
Controller), The PLC provides time delay and interlocking functions for a more flexible door
control
SCOPE OF WORK
Rockwell Controls has broken out the scope of work into three sections of responsibility,
. Rockwell Controls' scope of work and responsibilities
. Services Not Covered
. San Bernardino Police Department Responsibilities
2008-335
ROCKWELL CONTROLS RESPONSIBILITIES
The following defines the scope of work Rockwell Controls will supply:
Hardware Replacement
1, Rockwell Controls will replace the Door Control Boards with Ethernet TCP/IP PLC
Digital Hardware
2, Replace the existing cables running between the Touch Screen Console and the existing
Door Control Boards with one CA T6e cable, simplifying and easing the troubleshooting
procedures,
3, Install the Ethernet Switches necessary to make the system operational
4, The existing panel used for the door control boards will be reused for the new PLC,
unless after the completion of engineering the new system would require more space and
cooling system, this will be included as an option priced separately,
Start-up Services
Start-up will be performed at the San Bernardino Police Department.
Rockwell Controls requests a minimum of two weeks notice to schedule start-up,
Estimated time of maximum one week before installation to investigate and test existing
installation (during which doors must be manually operated using keys), after which an
installation time will be scheduled, approximately maximum of two weeks for installation
(during which doors must be manually operated using keys)
The standard Rockwell Controls work hours are 8:00 AM to 5:00 PM, Monday through Friday,
not including observed holidays, Additional working hours are available on a time and expenses
basis,
San Bernardino Police Department personnel will be required on-site and to participate in the
start-up of the system,
Hardware and Installation Services:
. Rockwell Controls will provide the PLC hardware and the installation services,
. Rockwell Controls will also provide CAD drawings for the new installation on Hard
Copies and in Electronic Format,
San Bernardino Police Department Responsibilities:
. San Bernardino Police Department is to provide technical personnel that is familiar with the
system for the duration of the start-up,
. All door locks and door position switches must be functional and witnessed by Rockwell
Controls at the time of installation, this will ensure that the work will proceed at a quicker
pace,
2008-335
SERVICES NOT COVERED UNDER THIS PROPOSAL
General
Rockwell Controls' scope ofresponsibility as defined in this proposal is limited to the
replacement ofthe Door Control Boards and the existing cables running between the Touch
Screen Console and the existing Door Control Boards, The overall performance and overall
design of the door locks and position switches and existing conduit field wiring are the
responsibility of others and are not included in Rockwell Controls' scope of work.
Contractors
Under this proposal, Rockwell Controls is not responsible for contracting otber electrical or
mechanical in-jail services such as lock smith to repair electrical switches and solenoids installed
inside the jail doors
Rockwell Controls will repair existing conduit wiring, on time and materials bases if needed,
Process Adjustments
Under this proposal, Rockwell Controls is not responsible for other electrical or mechanical
adjustments, changes or replacements, to existing equipment required to progress tbe process
into a commissioned status,
Post Engineering Activity
Under this proposal Post Engineering Activity is not included .as part of the Engineering
Services. Post Engineering Activity is defined as services provided after completion of the
services included in the scope of work,
Stand By Time
Under this proposal the stand-by time will be billed as regular hours.
Stand-by time is defined as time spent on-site waiting for completion of installation and wiring
oftbe System, This includes, but is not limited to, waiting for correction of construction,
installation, and wiring errors, and other delays beyond the control of and not contracted to
Rockwell Controls,
Stand by time will be invoiced at regular time and materials rates,
We hope you find this offering favorable and ifthere are any questions, comments, or concerns
please contact us at the Rockwell Controls office,
2008-335
Warranty
1, Under this proposal the warranty includes one year for parts installed by Rockwell
Controls (manufacturer warranty),
2, Labor Warranty for miss-programming, miss-wiring, and installations mistakes such as
loose connections etc, are covered for 5 years and it covers only those items that were
worked on by Rockwell Controls and other vendors did not interfere with after the
installation was completed,
3, Labor for diagnosing and replacing defective hardware during, and post, the
manufacturer and Rockwell controls' warranty period will be invoiced on time and
materials bases
PRICING,
AS SPECIFIED, THIS PRICE IS OFFERED TO SAN BERNARDINO POLICE
DEPARTMENT FOR THE WORK DEFINED IN THE ROCKWELL CONTROLS'
SCOPE OF WORK.
SUB TOTAL
Option 1 contingency for field wiring/conduit repairs
Option 2 contingency for lock repairs
Option 3 contingency for new electrical cabinet
GRAND TOTAL
$66,670.00
$12,000.00
$ 6,000.00
$ 6,000.00
$90,670.00
PAYMENT TERMS: NET 30 DAYS
INVOICING SCHEDULE:
50% Upon acceptance of order for 40% hardware and 10% Engineering
40% Upon PLC installation completion
10% Upon job completion
Please fax, e-mail or mail the Purchase Order to Rockwell Controls attention to Dan Popovici at
(914) 9312627, danooooviciialrockwellcontrols,com or mailing address: Dan Popovici,
Rockwell Controls, 1101 Newcastle Lane, Fullerton CA, 92833