HomeMy WebLinkAbout20-Fire Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Michael J. Conrad, Fire Chief
Subject: Resolution authorizing the execution of an agreement
and issuance of a purchase order to Motorola in the
amount of$40,118.85 for communication equipment.
pt: Fire
Date:
March 11,2010
Meeting Date: April 5, 2010
Synopsis of Previous Council Action:
08/18/08
Resolution #2008-328 ratifying the submittal of the budget detail worksheet for the FY 2008
Metropolitan Medical Response System Grant Program to the San Bernardino County Fire
Department, Office of Emergency Services.
02/04/08
Resolution #2008-42 authorizing the Director of Finance to issue a purchase order to Motorola in
the amount of$43,599.39 and GTSI Corp. in the amount of$46,9l5.72 for communication
equipment,
09/17/07
Resolution #2007-384 ratifying the submittal of the FY 2007 Metropolitan Medical Response
System Grant Program budget detail worksheet to the San Bernardino County Fire Department,
Office of Emergency Services.
RECOMMENDATION:
Jpt resolution.
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Signature ~
Contact Person: Don Feser. Emergency Services Manager
Phone: (909) 384-5286
Supporting data attached: Staff Reoort. Resolution. Agreement. and Ouote
Ward: CityWide
FUNDING REQUIREMENTS:
Amount:
Source:
$40.118.85
(Acct. No.) 123-804-5703
(Acct Descr.) Federal & State Program-2008
Fire MMRS
Finance:
Council Notes:
Agenda Item No. 2.()
4/- S - 2tJIO
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
FIRE DEPARTMENT
'"
TO: Charles McNeely, City Manager
Michael J. Conrad, Fire Chief 7r1 j t.
From:
Date: March II, 20 I 0
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
Mayor and Common Council and emergency purchases approved by the
City Manager). DDL Number 82.
COPIES: Don Feser, Emergency Services Manager
Motorola was selected for the following reason:
The City of San Bernardino purchases 800 MHz radios directly from Motorola, because
these products are standardized proprietary communication devices that integrate with the
city-owned 800 MHz trunked radio system. The city's trunked radio system is a subset
of a larger San Bernardino County-wide system which enables interoperable public safety
communications between county and city government.
Motorola is the sole source for the installation and programming of the SmartNet System
software, a required feature by the Association of Public Safety Communications
Officials - Project 16 (APCO-16) for public safety trunked radio systems.
A Request for Council Action entitled, "Resolution authorizing the execution of an
agreement and issuance of a purchase order to Motorola in the amount of $40,118.85
communication equipment", has been submitted and placed on the April 5, 2010 agenda
calendar for review and approval.
Ag~.I~
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0008
HSGP - City of san Bernardino MMRS - sole Source Approval for Defibrillatorscardiac (3
From: Daugherty, Yolanda - FIRE [ydaugherty@sbcflre.org]
Sent: wednesday, December 16, 2009 9:59 AM
To: Feser DO
Cc: camaren~No; Alvord_Ma; Sampson, Ericka
subject: FY2008 HSGP - City of San Bernardino MMRS - sole Source Approval for
Defibrillators/cardiac (3 each)
Attachments: san Bernardino - FY08 sole Source-MMRS- Defibrillators-cardiac
Monitors.doc
Importance: High
eacl
Hi Don,
I just wanted to let you know that we received sole source approval from
calEMA on 12/15/09, for the City of SB to purchase defibrillators and related
equipment from ZOll Medical corporation. please make sure to attach a copy of
this email along with your City council approval to your reimbursement request
in the future. Attached is a copy of the Sole source Request that was
approved by calEMA.
Thank you and please call with any questions.
PS
we are still waiting for approval on your other requests.
yolanda Daugherty
Administrative supervisor
San Bernardino County Fire Department
office of Emergency Services
Grants Administration Unit
phone: (909) 356-3932
Fax: (909) 356-3965
Email: ydaugherty@sbcfire.org
No virus found in this incoming message.
checked by AVG - www.avg.com
version: 8.5.427 1 virus Database: 270.14.110/2568 - Release Date: 12/16/09
page 1
FY2008 HSGP - SOLE SOURCE APPROVAL Shelters Motorola Training Materials
From: Daugherty, Yolanda - FIRE [ydaugherty@sbcfire.org]
Sent: Monday, December 21, 2009 3:59 PM
TO: Feser_DO
Cc: Sampson, Ericka; Alvord_Ma; Camaren~No
subject: FY2008 HSGP - SOLE SOURCE APPROVAL for MMRS projects
Hi Don,
Good news! we received sole source approval for the following FY2008
HSGP/MMRS projects: AS discussed this morning - please make sure that we do
not deviate from the items submitted to the State. If you feel that we need
to make some changes, please let us know so we can help you. Thank you.
*
Rapid deployment shelter - DHS Technologies
Radios - Motorola, Inc.
Training materials - US Government printing office
*
*
please call me with any questions. Thanks,
yolanda Daugherty
Administrative supervisor
San Bernardino County Fire Department
office of Emergency Services
Grants Administration unit
phone: (909) 356-3932
Fax: (909) 356-3965
Email: ydaugherty@sbcfire.org
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Checked by AVG - www.avg.com
version: 8.5.427 / virus Database: 270.14.116/2579 - Release Date: 12/21/09
07:36:00
page 1
Attachment A
FY 2008 HSGP
CALIFORNIA EMERGENCY MANAGEMENT AGENCY
Request for Sole Source Contract, A viation/Watercraft, and/or EstablishlEnhance Emergency
Operations Center (EOC)
Homeland Security Grant Program Grant Number # 2008-0006
OES ID# 071-00000
Urban Area Security Initiative (UASI) FY _ Grant Number
OES ID#
Other
Grant Number
OES ID#
Sole Source
--
EstablishlEnhance EOC
Aviation/Watercraft
(Please answer ALL relevant questions in narrative form)
Request for:
SOLE SOURCE CONTRACT REQUEST
a. Describe the project and/or activity that will be provided by the proposed sole source
vendor/contractor.
The City of San Bernardino is requesting a sole source waiver to acquire the following:
FY2008 Homeland Security Grant, MMRS
AEL Reference Number: 06CP-OI-PORT
Equipment Category: Interoperable Communications Equipment
Title Description: Radio, Portable 800 MHz, XTS SOOO
Amount: $40,000
The vendor, Motorola Inc., will provide the following:
Motorola Astro Digital XTS SOOO Model III Radios
ENH: Software analog operation
Smart-Net System Software
Battery, Radio
Digital Identification System
Speaker Microphones
Microphone Clips
Antennas
b. Describe your organization's standard procedures when sole source contracting is considered,
including the conditions under which a sole source contract is allowed, and any other applicable
criteria (i.e. approval requirements, monetary thresholds, etc.).
Page I 00
The City of San Bernardino Municipal Code, Chapter 3, Section 3.04.010, authorizes the
Purchasing Agent or Administrative Officer approval to issue purchase orders for
supplies, materials, and equipment made only by purchase order.
The Finance DepartmentlPurchasing Manager, with the City Manager's approval, may
contract for services of $2S,000 or less. Contracts for services over $2S,000 require the
approval of the Mayor and Common Council. The requesting department will submit
purchases of $2S,000 or more to the Mayor and Common Council for approval.
Upon the need for supplies, materials, or equipment over $SOO, which city departments
are unable to solicit for three bidslquotes, the department is able to request a sole source,
or select source purchase order for that vendor. The department must justify their
request to the city's FinancelPurchasing Department by memo. The memo must explain
the type of equipment/service and the purpose of the use of the item. Prior to submittal to
the city's Finance Department the department's head (Fire Chief, Deputy Chief, or
Division Chief) must sign off on the request. Finance will review requests prior to
issuance of a purchase order to the vendor.
3. Indicate which of the following circumstances resulted in your organization's need to enter into
a sole source contract.
a. Item/service is only available from one source (Describe the process used to make that
determination.
The City of San Bernardino purchases 800 MHz radios directly from Motorola Inc.,
because these products are standardized proprietary communications devices that
integrate with the city-owned 800 MHz trunked radio system. The city's trunked
radio system is a subset of a larger San Bernardino Countywide system, which enables
city public safety personnel to communicate with other departments within the
county.
Motorola Inc., is also the sole source for installing and programming the proprietary
SmartNet System software in the 800 MHz radios, which is required by the
Association of Public Safety Communications Officials - Project 16 (APCO-16) for
public safety trunked radio systems.
b. A public urgency or emergency will not permit a delay resulting from competitive
solicitation. (Describe the urgency or emergency.. According to the federal Department
of Homeland Security's Office of the Comptroller, "Time constraints will not be
considered a factor if the sub grantee has not sought competitive bids in a timely
manner."
b. Describe the solicitation process that determined competition was inadequate.
Page 2 of 3
4. Did your organization confirm that the contractorlvendor is not debarred or suspended?
Yes, the VENDOR was not identified in the excludejl parties list system.
5. Will your organization be able to complete all activities associated with the sole source contract
by the end of the grant performance period?
Pending approval of the sole source request, and Mayor and Common Council
concurrence, the City Finance/Purchasing Department will complete the acquisition. The
City would appreciate a prompt approval from CalEMA in order to complete this project
within the grant performance period.
6. Describe your organization's cost analysis of the contractorlvendor's bid/proposal.
The city is required to utilize Motorola Astro Digital XTS SOOO Model III Radios within
the existing trunked radio system, and to acquire the products from the Motorola Inc.
Government Sales Unit.
Page 3 00
STAFF REPORT
SUBJECT
Resolution authorizing the execution of an agreement and issuance of a purchase order to
Motorola in the amount of$40,118.85 for communication equipment.
BACKGROUND
On August 18, 2008, the Mayor and Common Council approved resolution #2008-328
authorizing the Fire Department to submit the 2008 Metropolitan Medical Response
System (MMRS) Grant Program budget detail worksheet to the San Bernardino County
Fire Department, Office of Emergency Services. The city was awarded $321,221 for the
procurement of conununication equipment, emergency medical equipment, generator,
rapid deployment shelters, and personnel training costs.
The Fire Department submitted a sole source request to the California Emergency
Management Agency through County OES for the purchase of 800 MHz radios directly
from Motorola. These radios are standardized proprietary conununication devices that
integrate with the city-owned 800 MHz trunked radio system. The city-owned system is
a subset of a larger county-wide system which enables city public safety personnel to
communicate with other departments within the county. The sole source request was
approved by the State on December 21, 2009.
Therefore, in accordance with the City of San Bernardino Municipal Code Section
3.04.0l0B (3) purchasing procedures, the Fire Department recommends that Motorola be
issued a purchase order for the eleven (11) XTS 5000 Model III radios and accessories
(Exhibit A).
FINANCIAL IMPACT
There is no financial impact to the General Fund.
The total amount to be awarded to Motorola for eleven (II) XTS 5000 ModellII radios
and accessories is not-to-exceed $40,118.85. The 2008 Metropolitan Medical Response
System Grant funds, account #123-804-5704, will be utilized for the procurement of the
communication equipment. The original budget amount awarded to the city for
equipment and training is $321,221; current balance is $235,554.19; and remaining
balance after this approval, DHS Systems LLC, and Zoll Medical Corporation's (on
today's agenda) will be $48,036.70.
RECOMMENDATION
Adopt resolution.
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RESOLUTION NO.
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 MOTOROLA IN THE AMOUNT
OF $40,118.85 FOR COMMUNICATION EQUIPMENT.
WHEREAS, Motorola 800 MHz radios are the standardized proprietary
communication devices for the City's existing 800 MHz radio system; and
WHEREAS, Motorola'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 Mayor and Common Council authorize the Director of
Finance or designee to issue a Purchase Order to Motorola in the amount of $40, 118.85 for
communication equipment as set forth in the Quotation attached hereto as Exhibit "A" and
incorporated herein by this reference;
SECTION 2. That this purchase is 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 3.04.0l0(B)(3);
SECTION 3. The City Manager is hereby authorized and directed to execute on
behalf of the City, Purchase Agreement with Motorola, a copy of which is attached hereto,
marked Attachment "A", and incorporated herein by reference as fully as though set forth at
length; and
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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 TO MOTOROLA IN THE AMOUNT
OF $40,118.85 FOR COMMUNICATION EQUIPMENT.
SECTION 4. The authorization to execute the above reference Agreement and
Purchase Order is rescinded if not fully executed/issued within sixty (60) days of the
passage of this resolution.
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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 TO MOTOROLA IN THE AMOUNT
OF $40,118.85 FOR COMMUNICATION EQUIPMENT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof,
held on the
day of
, 20 I 0, by the following vote, to wit:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ
DESJARDINS
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
City of San Bernardino
The foregoing Resolution is hereby approved this
day of
,2010.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
r PENMAN, Ci~orney
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Attachment "A"
PURCHASE AGREEMENT
This Purchase Agreement is entered into this day of
by and between Motorola ("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 eleven (II) Astro Digital XTS
5000 Model III radios and accessories; and
WHEREAS, the City of San Bernardino accepts the quote from available Vendor for
the purchase of eleven (II) Astro Digital XTS 5000 Model III radios and accessories.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide to
provide eleven (II) Astro Digital XTS 5000 Model III radios and accessories per their Quote
dated March 10,2010, attached hereto and incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the products and/or services delineated above, the City, upon presentation of an
invoice, shall pay the Vendor up to the amount of $40, 118.85 for the eleven (II)
Astro Digital XTS 5000 Model III, 800 MHz radios and accessories.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
This purchase shall be completed within sixty (60) days.
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.
4. WARRANTY.
Vendor expressly warrants that all products and services supplied to City by Vendor
under this Agreement shall conform to the specifications, drawings or other description, upon
which this PURCHASE is based, shall be fit and sufficient for the purpose intended,
merchantable, of good material and workmanship, free from defects and free and clear of all
liens or encumbrances. 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 warranty without expense to the City, when
notified of such non-conformity by City. If Vendor fails 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 calendars days notice
I
PURCHASE AGREEMENT
This Purchase Agreement is entered into this day of
by and between Motorola ("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 eleven (II) Astro Digital XTS
5000 Model III radios and accessories; and
WHEREAS, the City of San Bernardino accepts the quote from available Vendor for
the purchase of eleven (11) Astro Digital XTS 5000 Model III radios and accessories.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages Vendor to provide to
provide eleven (II) Astro Digital XTS 5000 Model III radios and accessories per their Quote
dated March 10,2010, attached hereto and incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the products and/or services delineated above, the City, upon presentation of an
invoice, shall pay the Vendor up to the amount of $40, 118.85 for the eleven (11)
Astro Digital XTS 5000 Model III, 800 MHz radios and accessories.
b. No other expenditures made by Vendor shall be reimbursed by City.
3. TERM; TERMINATION.
This purchase shall be completed within sixty (60) days.
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.
4. WARRANTY.
Vendor expressly warrants that all products and services supplied to City by Vendor
under this Agreement shall conform to the specifications, drawings or other description, upon
which this PURCHASE is based, shall be fit and sufficient for the purpose intended,
merchantable, of good material and workmanship, free from defects and free and clear of all
liens or encumbrances. 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 warranty without expense to the City, when
notified of such non-conformity by City. If Vendor fails 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 calendars days notice
I
before commencement of efforts by the City to effect cover or a cure except upon written
agreement ofthe Parties.
S. 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 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 the 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
omissions. 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.
6. 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$I,OOO,OOO.OO combined single limit, 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 oflnsurance furnished to the City shall require the insurer
to notify City of any change or termination in the policy.
7. 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.
8. 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
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:
2
TO THE City:
Fire Department
Attn: Don Feser, Emergency Services Manager
200 East 3rd Street
San Bernardino, CA 92410
Telephone: (909) 384-5115
TO THE Vendor:
Motorola
Attn: Mark Herzog
28683 Canyon Oak Drive
Highland, California, 92346
Telephone: (909) 862-3206
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 ofthe 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 ofthe 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
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.
3
"Motorola-San Bernardino Vendor Purchase Agreement"
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. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are
and shall 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 writing and signed by the party against whom
enforcement is sought.
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes 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:
,2010
VENDOR
By:
Its:
Dated
,2010
CITY OF SAN BERNARDINO
By:
Charles McNeely, City Manager
Approved as to Form:
James F. Penman, City Att(.?
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