HomeMy WebLinkAbout07.C- Fire RESOLUTION (ID# 1857) DOC ID: 1857
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Purchase Order
From: Michael Conrad M/CC Meeting Date: 06/04/2012
Prepared by: Norma Camarena, (909)384-
5286
Dept: Fire Ward(s): All
Subject:
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 Vanguard Global Solutions for a
Medical Oxygen Generating System with Accessories.
Financial Impact:
The total dollar amount to be awarded to Vanguard Global Solutions for the medical oxygen
generating system with accessories is not-to-exceed$69,988. Funding is budgeted under the
2010 MMRS grant account for miscellaneous equipment(no. 123-200-0048-5704-0807). There
is no financial impact to the General Fund.
The original budget amount awarded to the City for equipment was $317,419; current balance is
$317,419; and remaining balance after this approval and Zoll Medical Corporation's(on today's
agenda) will be$147,500.84.
Motion: Adopt Resolution.
Synopsis of Previous Council Action:
07/06/10 Resolution 92010-225 ratifying the submittal of a grant application for the FY
2010 Metropolitan Medical Response System Grant Program to the San
Bernardino County Fire Department, Office of Emergency Services.
Background:
On July 6, 2010, the Mayor and Common Council approved resolution #2010-225 ratifying the
submittal of a grant application for the Fiscal Year 2010 Metropolitan Medical Response System
(MMRS) to the San Bernardino County Fire Department and authorized the Fire Department to
administer the grant. The City was awarded $317,419 for the procurement of emergency medical
equipment,pharmaceuticals, generators, computer equipment, oxygen generating equipment, and
cardiac monitor/defibrillators.
This project entails the purchase of a medical oxygen generation system, an integrated rack
system for D size oxygen cylinders and other accessories and system installation. This unit will
be deployed at Station 221 in logistical support of medical emergencies and disasters. It is
reasonable to assume that the supply of medical grade oxygen will be severely compromised
during a catastrophic event, and this system along with a backup power supply will help supply
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1857
the needs of patients requiring medical oxygen.
In 2011, the Fire Department purchased a mobile oxygen generating system from Vanguard
Global Solutions. Vanguard Global Solutions is the exclusive brand used by the Fire
Department for oxygen generating equipment. Standardization of EMS equipment is critical for
training and operational purposes in ensuring reliable performance by personnel.
Therefore, in accordance with the City of San Bernardino Municipal Code Section 3.04.O10B(3)
purchasing procedures for"sole source", the Fire Department recommends that Vanguard Global
Solutions be issued a purchase order for the medical oxygen generating system with accessories
in the amount of$69,988 (Exhibit 1).
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City Attorney Review:
Suaaortine Documents:
reso 1857 (PDF)
Vanguard Global Solutions-City Manager-Sole Source memo (DOC)
Vanguard Global Solutions-Exhibit 1(PDF)
agrmt 1857 (PDF)
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Updated:5/31/2012 by Linda Sutherland Page 2
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF A PURCHASE ORDER TO VANGUARD GLOBAL
4 SOLUTIONS FOR A MEDICAL OXYGEN GENERATING SYSTEM WITH ^w
ACCESSORIES. c
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY y
6 OF SAN BERNARDINO AS FOLLOWS: ,
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8 SECTION 1. That Vanguard Global Solutions has offered a total negotiated purchase
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9 price of$69,988, for the medical oxygen generating system with accessories and installation j
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10 of the equipment, attached hereto and incorporated herein marked Exhibit 1". Pursuant to d
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11 this determination and the San Bernardino Municipal Code Section 3.04.0 1OB(3), the Director
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13 of Finance or his designee is hereby authorized and directed to issue a Purchase Order to a
14 Vanguard Global Solutions in the amount of$69,988 which will facilitate the procurement of w
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15 the medical oxygen generating system with accessories and installation of the equipment;and
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16 SECTION 2. The City Manager is hereby authorized and directed to execute on d
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behalf of the City a Purchase Agreement with Vanguard Global Solutions, a copy of which is d
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attached hereto, marked Exhibit"A", and incorporated herein by reference as though fully set w
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forth at length; and
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21 SECTION 3. The above authorizations are rescinded if the Agreement is not fully
22 executed and the purchase order is not issued by June 11,2012. 0
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF A PURCHASE ORDER TO VANGUARD GLOBAL
SOLUTIONS FOR A MEDICAL OXYGEN GENERATING SYSTEM WITH
3 ACCESSORIES.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and o
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6 Common Council of the City of San Bernardino at a meeting a
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thereof, held on the_day of 2012, by the following vote,to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ
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11 JENKINS o
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VALDIVIA
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14 SHORETT w
15 KELLEY °s
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16 JOHNSON E
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17 MCCAMMACK
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Georgeann Hanna, City Clerk
20 City of San Bernardino aD
21 The foregoing resolution is hereby approved this day of 2012.
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24 Patrick J. Morris,Mayor E
City of San Bernardino
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Approved as to form:
26 JAMES F. PENMAN,
27 City Att mey
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
FIRE DEPARTMENT
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TO: Andrea Travis-Miller, Acting City Manager m
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From: Michael J. Conrad, Fire Chief
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Date: May 24,2012 y
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SUBJECT: City Manager's Approval of Process-Purchase made pursuant to Section
3.04.010(B)(3)of the City's Municipal Code(Purchases approved by the E
Mayor and Common Council and emergency purchases approved by the E
City Manager) and DDL Number 82. rn
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COPIES: Paul Drasil, Deputy Chief, Bernard Horak, Emergency Medical Services
Coordinator x
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Vanguard Global Solutions was selected as a Sole Source for the purchase of the medical
oxygen generating system for the following reason:
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In 2011 the Fire Department evaluated Vanguard Global Solutions oxygen generating E
systems and determined the superiority of their product over other suppliers. This
determination was based on clinical performance, ease of use, durability, warranty o
j coverage and lowest price. The Fire Department purchased a unit and placed it in service N
this year. o
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Standardization of EMS equipment is critical for training and operational purposes in
ensuring reliable performance by personnel. Vanguard Global Solutions is the exclusive
brand used by the Fire Department for oxygen generating equipment. Therefore,
Vanguard Global Solutions is the sole source provider for the medical oxygen generating
system funded from the Fiscal Year 2010 MMRS grant.
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A Request for Council Action entitled, "Resolution authorizing the execution of an S
agreement and issuance of a purchase order to Vanguard Global Solutions the medical W
oxygen generating system with accessories", has been submitted and placed on the June n
4,2012 agenda calendar for review and approval. 0�
Approved By:
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Andrea Travis-Miller,
Acting City Manager
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PROPRIETARY INFORMATION o
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Vanguard
Global Solutions°
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San Bernardino City Fire Department Bid Proposal t
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Date 21 May 2012 d
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Submitted by: �d
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Vanguard Global Solutions, Inc.
1042 N El Camino Real Suite B-216 `o
Encinitas, CA 92024 d
760.822.9534
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Submitted to:
San Bernardino City FD
200 E.Third St, a
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San Bernardino, CA 92410 w
Attn: Mr. Bernard Horak c
Ph: (909) 693-6491 5
Horak Be(a SBCitv.ora 0
(Submitted via email) a
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PROPRIETARY NOTICE: The data furnished herin is proprietary to vanguard Global Solutions,Inc.and shall rn
not be used or disclosed other than for purposes of evaluating this submittal,provided that,if a contract is awarded as m
a result of this submittal,then the data may be used as set forth in the contract. This notice applies to all pages of this
submittal.
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Vanguard Global Solutions,Inc. is a Service Disabled Veteran Owned Small Business
headquartered in Encinitas, CA and an authorized distributor of OGSI which is a division of `o
Audubon Machinery Corporation. Vanguard Global Solutions specializes in Emergency 5
Preparedness,Renewable Energy,Industrial Laboratory,and Homeland Security products and N
services.
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Vanguard Global Solutions is proud to be an authorized distributor of Oxygen Generating Systems
International(OGSI)products and services. As a leading manufacturer of oxygen generators, OGSI
designs and manufactures on-site oxygen generators.Using Pressure Swing Adsorption(PSA) a'
technology, OGSI offers a complete line of plant sizes from 15 SCFH to 5000 SCFH(5tpd). OGSI m
products include large industrial oxygen generating systems,scuba oxygen tanks and bottles,home o
oxygen generator equipment,hospital oxygen supply systems,aquaculture oxygen systems,portable d
oxygen generators,emergency oxygen systems,ozone generators,PSA(pressure swing adsorption) 2
oxygen generators and more.Additionally, OGSI offers complete oxygen cylinder filling plants 0
(small and large),with capacities of up to 100 cylinders per day. m
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For over 15 years,OGSI has manufactured quality Oxygen generating systems and products for a d
myriad of customers in a variety of markets. They have developed the most reliable machinery 'm
available to the industry today. OGSI's unique combination of experience, capabilities and people
provides a strong foundation for success. OGSI utilizes appropriate technology,simplicity, 6
durability and ease of service that result in a high quality product with minimal required E
maintenance. OGSI offers the same high quality and reliability which they have provided their
customers since 1995. OGSI's commitment to their ideals of simplicity,quality,durability and ease a
of service make their Oxygen generating equipment and accessories the best value available. OGSI
provides their customers with outstanding service and quality products. OGSI still uses heavy
gauge materials common to the industry in the past,but which have become less common of late as x
a result of their higher costs. ul
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In response to the San Bernardino City Fire Department request,Vanguard Global Solutions is
pleased to provide the following bid for an OGSI MOGS-50 Oxygen Generating System,as
follows:
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Proposal Summary W
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Quantity Description Pricing o
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1 MOGS-50 Oxygen Generating System $ 57,500.00
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1 MOGS-50 Surge Protective Device $ 850.00 rn
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1 3 Cylinder High Pressure Toolless Manifold $ 850.00 >
1 3 Cylinder Wall Mount Bracket $ 250.00 m
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3 H/K Size(244cu.n.)Oxygen Cylinders $ 1350.00
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100 93%Oxygen Cylinder Labels $ 300.00 0
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Subtotal $ 61,100.00 w
Tax(@ 8%) $ 4888.00 0
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1 Onsite Installation Startup&Training $ 4000.00 v
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TOTAL SYSTEM PRICE $ 69,988.00* o
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"Includes all items as described above in proposal summary. 0
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System Specifications
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Quantity Description
Part If w
1 OGSI Model MOGS-50 Oxygen Generator(s) MOGS-50 d
• 93%(+/-3)oxygen concentration a
• up to 5 H/K size(244 cu.ft.)cylinders/day max,output d
• 50 SCFH oxygen max. output rn
• cylinder filling capability up to 2200psig w
• 230V/601-lz/1 Phase 130 Amp capacity 5
• 65 dB(A)@ 1 meter m
• Dimensions: 721x34.5Wx70"H (25501bs.) w
1 MOGS-50 Surge Protective Device 1860100.240
• 230V/60Hz. power capacity
• will protect MOGS-50 system against any fluctuations
In local power supply that may effect or damage system. n
1 3 Cylinder High Pressure Toolless Manifold 4500001.003 x
• flexible high pressure oxygen compliant manifold that will w
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accept CGA 540 valves connect with hand tight fittings. 2
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1 3 Cylinder Wall Mount Bracket 1460007.003 0
• used to secure 3 storage cylinders from oxygen manifold to wall H
of facility to ensure maximum safety. m
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3 H/K Size(244cu.ft.)Oxygen Cylinders 2540001.00K c0
• new cylinders with CGA 540 valves good for 10 year hydrotest.
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1 Onsite Factory Startup&Training Startup t'
• Covers OGSI technician necessary for commissioning and testing
of equipment, staff training on the systems operation and maintenance
for duration period not to exceed 2-3 days.
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Exhibit"A"
PURCHASE AGREEMENT
CITY OF SAN BERNARDINO—VANGUARD GLOBAL SOLUTIONS
This Purchase Agreement is entered into by and between Vanguard Global Solutions
("Vendor's and the City of San Bernardino("City"or"San Bernardino"). c
WITNESSETH: o
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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 medical oxygen generating system with
accessories;and, o
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WHEREAS,the City's Fire Department has determined that Vanguard Global Solutions best g
meets the needs of the Fire Department's purchase of a medical oxygen generating system with n
accessories and installation of the system; T
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NOW,THEREFORE,the parties hereto agree as follows: r
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1. SCOPE OF SERVICES. a.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide a medical w
oxygen generating system with accessories and installation of the equipment,as set forth on Exhibit —'
"1,"attached hereto and incorporated herein. e
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2. COMPENSATION AND EXPENSES. E
a. For the products delineated above,the City, upon presentation of an invoice, shall pay the a
Vendor up to the amount of$69,988 for the medical oxygen generating system with „
accessories and installation of the equipment, as set forth on Exhibit 1."
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b. No other expenditures made by Vendor shall be reimbursed by City. w
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3. TERM; TERMINATION.
a. This purchase shall be completed by June 13,2012 after receipt of accepted purchase order, o
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b. This Agreement maybe terminated at anytime by thirty(30)days' written notice by either
party. The terms of this Agreement shall remain in force unless mutually amended.
4. WARRANTY
Vendor expressly warrants that all products and services supplied to City by Vendor under this rn
Agreement shall conform to the specifications, drawings or other description,upon which this 0
PURCHASE is based, shall be fit and sufficient for the purpose intended,merchantable, of good v
material and workmanship, free from defects and free and clear of all liens or encumbrances. E
Inspection,testing, acceptance or use of the goods by the City shall not affect Vendor's obligations
under this warranty,and such warranty shall survive inspection,testing,acceptance and use. Vendor
agrees to replace or correct promptly defects of any goods or services not conforming to the foregoing
f warranty without expense to the City, when notified of such non-conformity by City. If Vendor fails
CITY OF SAN BERNARDINO-VANGUARD GLOBAL Page 1
PURCHASE AGREEMENT
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to correct the defects in or replace non-conforming goods or services promptly,City may, after
reasonable notice to Vendor,make such corrections or effect cover,or cure, at Vendor's expense.
"Reasonable notice"for purposes of this section shall not be deemed to require more than 60 calendar
days notice before commencement of efforts by the City to effect cover or a cure except upon
written agreement of the Parties. H
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5. INDEMNITY. S
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Vendor agrees to and shall indemnify and hold the City, its elected officials,employees, agents w
or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and a
nature arising from bodily injury, including death, or property damage, based or asserted upon any t0
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 3
Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of m
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, S
its elected officials, employees, agents or representatives from any and all legal actions based upon a
such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of 0
express or implied indemnity against the City, its elected officials, employees, agents or
representatives, with respect to third patty claims against the Vendor relating to or in any way
connected with the accomplishment of the work or performance of services under this Agreement. a'
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6. INSURANCE. y
While not restricting or limiting the foregoing,during the term of this Agreement, Vendor shall as
maintain in effect policies of comprehensive public, general and automobile liability insurance,in the c
amount of$1,000,000.00 combined single limit, and shall file copies of said policies with the City's E
v- Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an E
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. 5
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7. NON-DISCRIMINATION. X m
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 o
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. 0
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S. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Vendor warrants that it possesses or shall obtain, and maintain a business registration
certificate as required under 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 E
practice its business or profession.
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PURCHASE AGREEMENT
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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: City of San Bernardino Fire Department
200 East Third Street 0
San Bernardino,CA 92410 0
Attention: Fire Chief N
Telephone: (909)384-5286 n
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TO THE Vendor: Vanguard Global Solutions
Attn: Mike Sabellico
1042 North El Camino Real Suite B-216
Encinitas, CA 92024 >
Telephone: (760)822-9534
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10. ATTORNEYS' FEES 0`
In the event that litigation is brought by any party in connection with this Agreement, the A
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 a'
remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof.
Attorneys' fees for the City Attorney and members of his office shall be calculated based on the y
market rate for comparable services. 06
11. ASSIGNMENT. E
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•...- 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 a
attempted assignment,transfer, subletting or encumbrance shall be void and shall constitute a breach
of this Agreement and cause for termination of this Agreement. Regardless of City's consent,no x
subletting or assignment shall release Vendor of Vendor's obligation to perform all other obligations L.U.
to be performed by Vendor hereunder for the term of this Agreement.
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12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this c
Agreement shall be tried and litigated either in the State courts located in the County of San 0
Bernardino, State of California or the U.S. District Court for the Central District of California d
Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory
and not permissive in nature.
13. GOVERNING LAW. E
This Agreement shall be governed by the laws of the State of California. m
14. SUCCESSORS AND ASSIGNS. E
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. a
CITY OF SAN BERNARDINO-VANGUARD GLOBAL Page 3
PURCHASE AGREEMENT Packet Pg: 330
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 c
enforceability of the remaining terms and provisions hereof or of the offending provision in any other 2
circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. e
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17. REMEDIES;WAIVER. a
All remedies available to either party for one or more breaches by the other party are and shall rn
be deemed cumulative and may be exercised separately or concurrently without waiver of any other
remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall >
not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in o
writing and signed by the party against whom enforcement is sought. v
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18. ENTIRE AGREEMENT; MODIFICATION.
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This Agreement constitutes the entire agreement and the understanding between the parties, u
and supersedes any prior agreements and understandings relating to the subject manner of this o°
Agreement. This Agreement may be modified or amended only by a written instrument executed by
all parties to this Agreement.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date m
I set forth below.
Dated: 2012 Dated 2012
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VANGUARD GLOBAL SOLUTIONS CITY OF SAN BERNARDINO w
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By: By:
Andrea Travis-Miller, Acting City Manager
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Approved as to Form: X
James F. Penman,City Attorney
By: E
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